By Junell H.B. No. 1909
77R6644 QS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the management of and certain actions and proceedings
1-3 regarding the Lipan-Kickapoo Water Conservation District.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2(b), Chapter 439, Acts of the 70th
1-6 Legislature, Regular Session, 1987, is amended to read as follows:
1-7 (b) The district is created to provide for the conservation,
1-8 preservation, protection, recharge, and prevention of waste and
1-9 pollution of the underground and surface water of the district
1-10 consistent with the objectives of Section 59, Article XVI, [Section
1-11 59, of the] Texas Constitution, and Chapter 36 [Chapters 51 and
1-12 52], Water Code.
1-13 SECTION 2. Section 5, Chapter 439, Acts of the 70th
1-14 Legislature, Regular Session, 1987, is amended to read as follows:
1-15 Sec. 5. APPLICATION OF CHAPTERS 36 and 49 [50 AND 52], WATER
1-16 CODE; GENERAL POWERS AND DUTIES. Except to the extent of any
1-17 conflict with this Act or as specifically limited by this Act, the
1-18 district is governed by and subject to Chapter 36 and Subchapters H
1-19 and I, Chapter 49 [Chapters 50 and 52], Water Code, and may
1-20 exercise all of the powers contained in these chapters, including
1-21 the powers to issue bonds and levy and collect taxes and the power
1-22 of eminent domain. The district shall exercise all of the duties
1-23 provided by these chapters [Chapters 50 and 52, Water Code].
1-24 SECTION 3. Section 7(a), Chapter 439, Acts of the 70th
2-1 Legislature, Regular Session, 1987, is amended to read as follows:
2-2 (a) To be qualified for election as a director, a person
2-3 must be:
2-4 (1) a resident of the district or proposed district;
2-5 (2) at least 18 years of age; and
2-6 (3) not otherwise disqualified by Section 36.051
2-7 [50.026], Water Code.
2-8 SECTION 4. Section 8, Chapter 439, Acts of the 70th
2-9 Legislature, Regular Session, 1987, is amended by amending
2-10 Subsection (a) and adding Subsection (c) to read as follows:
2-11 (a) The board consists of an equal number of directors from
2-12 each county, elected by a majority vote of the qualified voters
2-13 residing in the part of the county that is included in the
2-14 district, and one director elected from the district at large. The
2-15 board consists of not fewer than 5 and not more than 11 directors
2-16 [of directors of the district is composed of seven members, three
2-17 directors from Tom Green County, three directors from Concho
2-18 County, and one director from the district as a whole, who shall be
2-19 elected by a majority vote of the qualified voters residing in the
2-20 area of each portion of a county included in the district].
2-21 (c) When territory is annexed by the district, the board
2-22 shall, if necessary, change the number of directors so that an
2-23 equal number of directors is elected by district voters of each
2-24 county and one director is elected from the district at large. The
2-25 board shall provide that, as nearly as possible, half of the
2-26 directors are elected at each subsequent election in continuing
2-27 sequence.
3-1 SECTION 5. Section 9(a), Chapter 439, Acts of the 70th
3-2 Legislature, Regular Session, 1987, is amended to read as follows:
3-3 (a) Every second year the board shall call and hold an
3-4 election on the uniform election date in May provided by Section
3-5 41.001, Election Code, [Beginning in the second year following the
3-6 creation election, an election shall be held on the third Saturday
3-7 in May every second year] to elect the appropriate number of
3-8 directors to the board.
3-9 SECTION 6. Sections 10, 11, and 14, Chapter 439, Acts of the
3-10 70th Legislature, Regular Session, 1987, are amended to read as
3-11 follows:
3-12 Sec. 10. TERM OF OFFICE. (a) Directors [Except for the
3-13 initial directors of the district, directors shall] serve staggered
3-14 four-year [for] terms [of four years].
3-15 (b) Three [The four initial directors receiving the highest
3-16 number of votes at the confirmation election shall serve as
3-17 directors until the four persons elected at the second regular
3-18 election of directors have qualified, and the other three initial
3-19 directors shall serve until the three persons elected at the first
3-20 regular directors' election have qualified. After the second
3-21 regular directors' election, three] directors shall be elected at
3-22 one election and four at the next election in continuing sequence
3-23 until there is a change in the number of directors under Section 8
3-24 of this Act.
3-25 Sec. 11. COMPENSATION. (a) A director is entitled to receive
3-26 fees of office as provided by Chapter 36, Water Code, [for his
3-27 services an amount not to exceed $25 a day] for each day the
4-1 director spends performing the duties of a director [actually
4-2 engaged in duties for the district].
4-3 (b) Each director is entitled to receive reimbursement of
4-4 actual expenses reasonably and necessarily incurred while engaging
4-5 in duties on behalf of the district.
4-6 Sec. 14. ADDITIONAL RIGHTS AND POWERS. (a) The board may
4-7 enter into contracts as provided by Chapter 36 [51], Water Code,
4-8 and those contracts shall be executed by the board in the name of
4-9 the district.
4-10 (b) The board may adopt a seal for the district.
4-11 (c) [If the district regulates production of underground
4-12 water by permit as provided by Chapter 52, Water Code, the board
4-13 may not deny a permit to drill a well to the owner of land, his
4-14 heirs, assigns, and lessees on his land and the right to produce
4-15 water from that well under rules adopted by the district.]
4-16 [(d)] The district may control, store, and preserve the
4-17 storm water and floodwater in the district and the water of rivers
4-18 and streams in the district for irrigation of arid land, prevention
4-19 of floods and flood damage in the district, and domestic,
4-20 agricultural, and industrial use.
4-21 (d) [(e)] The district may reclaim land within the district
4-22 and may construct the necessary works, facilities, and improvements
4-23 to accomplish this purpose.
4-24 (e) [(f)] The district may construct and maintain terraces
4-25 and other structures on land in the district and may engage in and
4-26 promote land treatment measures for soil conservation and
4-27 improvement.
5-1 (f) [(g)] The district may construct or acquire and improve
5-2 and maintain works, facilities, and improvements necessary to carry
5-3 out the purposes, powers, and plans of the district.
5-4 (g) [(h)] The district may construct and acquire works,
5-5 facilities, and improvements in the manner provided by Chapter 36
5-6 [51], Water Code.
5-7 (h) [(i)] The district may acquire by gift, grant, devise,
5-8 lease, purchase, or condemnation any land or other property
5-9 necessary to carry out this Act.
5-10 (i) [(j)] Subject to this Act and Chapter 36 [Chapters 51
5-11 and 52], Water Code, the district may sell or otherwise dispose of
5-12 land and other property of the district that the board determines
5-13 is not necessary to carry out the purposes or powers of the
5-14 district.
5-15 (j) [(k) The district may not enter into any contract or
5-16 engage in any action to supply underground water or surface water
5-17 inside or outside the district.]
5-18 [(l)] The district through the members of the board or its
5-19 general manager may appear before the Railroad Commission of Texas
5-20 and present evidence and information relating to any pending permit
5-21 application for an injection well to be located within the
5-22 district.
5-23 (k) [(m)] The district may borrow money for any purpose
5-24 authorized by this Act.
5-25 (l) [(n)] Except to the extent of any conflict with this Act
5-26 or as specifically limited by this Act, the district may exercise
5-27 the powers granted and shall perform the duties under Chapter 36
6-1 [Subchapters D, O, and P, Chapter 51], Water Code.
6-2 SECTION 7. The following acts of the Lipan-Kickapoo Water
6-3 Conservation District are validated and confirmed in all respects
6-4 as if the actions had been taken as authorized by law:
6-5 (1) all acts and governmental proceedings of the
6-6 district taken before the effective date of this Act, including the
6-7 adoption of rules, the approval or issuance of water well drilling
6-8 permits, and annexations of land;
6-9 (2) all bonds and other obligations of the district
6-10 authorized or issued before the effective date of this Act,
6-11 including all proceedings taken before the effective date of this
6-12 Act that are related to those bonds or other obligations; and
6-13 (3) all directors of the district whether elected or
6-14 appointed who took office before the effective date of this Act.
6-15 SECTION 8. Section 7 of this Act does not apply to any act,
6-16 proceeding, director, bond, or obligation the validity of which or
6-17 of whom is the subject of litigation that is pending on the
6-18 effective date of this Act.
6-19 SECTION 9. This Act takes effect immediately if it receives
6-20 a vote of two-thirds of all the members elected to each house, as
6-21 provided by Section 39, Article III, Texas Constitution. If this
6-22 Act does not receive the vote necessary for immediate effect, this
6-23 Act takes effect September 1, 2001.