By Turner of Coleman H.B. No. 1764
77R2754 MI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Kimble County Groundwater
1-4 Conservation District.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. CREATION. (a) A groundwater conservation
1-7 district, to be known as the Kimble County Groundwater Conservation
1-8 District, is created in Kimble County, subject to approval at a
1-9 confirmation election under Section 10 of this Act. The district
1-10 is a governmental agency and a body politic and corporate.
1-11 (b) The district is created under and is essential to
1-12 accomplish the purposes of Section 59, Article XVI, Texas
1-13 Constitution.
1-14 SECTION 2. DEFINITION. In this Act, "district" means the
1-15 Kimble County Groundwater Conservation District.
1-16 SECTION 3. BOUNDARIES. The boundaries of the district are
1-17 coextensive with the boundaries of Kimble County, Texas, excluding
1-18 that part of Kimble County that lies within the boundaries of the
1-19 Hickory Underground Water District.
1-20 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-21 property included within the boundaries of the district will be
1-22 benefited by the works and projects that are to be accomplished by
1-23 the district under powers conferred by Section 59, Article XVI,
1-24 Texas Constitution. The district is created to serve a public use
2-1 and benefit.
2-2 SECTION 5. GENERAL POWERS. (a) The district has all of the
2-3 rights, powers, privileges, authority, functions, and duties
2-4 provided by the general law of this state, including Chapter 36,
2-5 Water Code, applicable to groundwater conservation districts
2-6 created under Section 59, Article XVI, Texas Constitution. This
2-7 Act prevails over any provision of general law that is in conflict
2-8 or is inconsistent with this Act.
2-9 (b) Notwithstanding Subsection (a) of this section, the
2-10 following provisions prevail over a conflicting or inconsistent
2-11 provision of this Act:
2-12 (1) Sections 36.1071-36.108, Water Code;
2-13 (2) Sections 36.159-36.161, Water Code; and
2-14 (3) Subchapter I, Chapter 36, Water Code.
2-15 (c) Chapter 49, Water Code, does not apply to the district.
2-16 SECTION 6. BOARD OF DIRECTORS. (a) The district is governed
2-17 by a board of five directors.
2-18 (b) Temporary directors serve until initial directors are
2-19 elected under Section 10 of this Act.
2-20 (c) Initial directors serve until permanent directors are
2-21 elected under Section 11 of this Act.
2-22 (d) Permanent directors serve staggered four-year terms.
2-23 (e) Each director must qualify to serve as director in the
2-24 manner provided by Section 36.055, Water Code.
2-25 (f) A director serves until the director's successor has
2-26 qualified.
2-27 SECTION 7. COMPENSATION OF DIRECTORS. A director is not
3-1 entitled to fees of office but is entitled to reimbursement of
3-2 actual expenses reasonably and necessarily incurred while engaging
3-3 in activities on behalf of the district.
3-4 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of
3-5 directors consists of five members appointed by the Commissioners
3-6 Court of Kimble County.
3-7 (b) If a temporary director fails to qualify for office, the
3-8 Commissioners Court of Kimble County shall appoint a person to fill
3-9 the vacancy.
3-10 SECTION 9. METHOD OF ELECTING DIRECTORS: SINGLE-MEMBER
3-11 DISTRICTS. (a) The temporary directors shall draw five numbered,
3-12 single-member districts for electing directors.
3-13 (b) For the conduct of an election under Section 10 or 11 of
3-14 this Act, the board shall provide for one director to be elected
3-15 from each of the single-member districts. A director elected from
3-16 a single-member district represents the residents of that
3-17 single-member district.
3-18 (c) To be qualified to be a candidate for or to serve as
3-19 director, a person must be a registered voter in the single-member
3-20 district that the person represents or seeks to represent.
3-21 (d) The initial or permanent directors may revise the
3-22 districts as necessary or appropriate. The board of directors
3-23 shall revise each single-member district after each federal
3-24 decennial census to reflect population changes. At the first
3-25 election after the single-member districts are revised, a new
3-26 director shall be elected from each district. The directors shall
3-27 draw lots to determine which two directors serve two-year terms and
4-1 which three directors serve four-year terms.
4-2 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
4-3 (a) The temporary board of directors shall call and hold an
4-4 election to confirm establishment of the district and to elect
4-5 initial directors.
4-6 (b) At the confirmation and initial directors' election, the
4-7 temporary board of directors shall have placed on the ballot the
4-8 name of any candidate filing for an initial director's position and
4-9 blank spaces to write in the names of other persons. A temporary
4-10 director who is qualified to be a candidate under Section 9 of this
4-11 Act may file for an initial director's position.
4-12 (c) Section 41.001(a), Election Code, does not apply to a
4-13 confirmation and initial directors' election held as provided by
4-14 this section.
4-15 (d) Except as provided by this section, a confirmation and
4-16 initial directors' election must be conducted as provided by
4-17 Sections 36.017(b)-(h), Water Code, and the Election Code.
4-18 SECTION 11. ELECTION OF DIRECTORS. (a) On the first
4-19 Saturday in May of the first even-numbered year after the year in
4-20 which the district is authorized to be created at a confirmation
4-21 election, an election shall be held in the district for the
4-22 election of three directors to serve four-year terms and two
4-23 directors to serve two-year terms.
4-24 (b) On the first Saturday in May of each subsequent second
4-25 year following the election, the appropriate number of directors
4-26 shall be elected.
4-27 SECTION 12. TAX RATE. The district may not levy a tax to pay
5-1 any part of bonds or notes issued by the district that exceeds 20
5-2 cents on each $100 of assessed valuation.
5-3 SECTION 13. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a)
5-4 The proper and legal notice of the intention to introduce this Act,
5-5 setting forth the general substance of this Act, has been published
5-6 as provided by law, and the notice and a copy of this Act have been
5-7 furnished to all persons, agencies, officials, or entities to which
5-8 they are required to be furnished by the constitution and other
5-9 laws of this state, including the governor, who has submitted the
5-10 notice and Act to the Texas Natural Resource Conservation
5-11 Commission.
5-12 (b) The Texas Natural Resource Conservation Commission has
5-13 filed its recommendations relating to this Act with the governor,
5-14 lieutenant governor, and speaker of the house of representatives
5-15 within the required time.
5-16 (c) All requirements of the constitution and laws of this
5-17 state and the rules and procedures of the legislature with respect
5-18 to the notice, introduction, and passage of this Act are fulfilled
5-19 and accomplished.
5-20 SECTION 14. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
5-21 takes effect September 1, 2001.
5-22 (b) If the creation of the district is not confirmed at a
5-23 confirmation election held under Section 10 of this Act before
5-24 September 1, 2003, this Act expires on that date.
5-25 COMMITTEE AMENDMENT NO. 1
5-26 Amend H.B. No. 1764 as follows:
5-27 On page 5, line 3, insert a new SECTION 13 to read "CHANGE OF
6-1 DISTRICT NAME. The board of directors may change the district's
6-2 name when the district annexes territory."
6-3 Renumber subsequent sections.
6-4 King of Uvalde