1-1 By: Junell (Senate Sponsor - Fraser) H.B. No. 1909
1-2 (In the Senate - Received from the House April 23, 2001;
1-3 April 24, 2001, read first time and referred to Committee on
1-4 Natural Resources; May 10, 2001, reported favorably by the
1-5 following vote: Yeas 4, Nays 0; May 10, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the management of and certain actions and proceedings
1-9 regarding the Lipan-Kickapoo Water Conservation District.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 2(b), Chapter 439, Acts of the 70th
1-12 Legislature, Regular Session, 1987, is amended to read as follows:
1-13 (b) The district is created to provide for the conservation,
1-14 preservation, protection, recharge, and prevention of waste and
1-15 pollution of the underground and surface water of the district
1-16 consistent with the objectives of Section 59, Article XVI, [Section
1-17 59, of the] Texas Constitution, and Chapter 36 [Chapters 51 and
1-18 52], Water Code.
1-19 SECTION 2. Section 5, Chapter 439, Acts of the 70th
1-20 Legislature, Regular Session, 1987, is amended to read as follows:
1-21 Sec. 5. APPLICATION OF CHAPTERS 36 and 49 [50 AND 52], WATER
1-22 CODE; GENERAL POWERS AND DUTIES. Except to the extent of any
1-23 conflict with this Act or as specifically limited by this Act, the
1-24 district is governed by and subject to Chapter 36 and Subchapters H
1-25 and I, Chapter 49 [Chapters 50 and 52], Water Code, and may
1-26 exercise all of the powers contained in these chapters, including
1-27 the powers to issue bonds and levy and collect taxes and the power
1-28 of eminent domain. The district shall exercise all of the duties
1-29 provided by these chapters [Chapters 50 and 52, Water Code].
1-30 SECTION 3. Section 7(a), Chapter 439, Acts of the 70th
1-31 Legislature, Regular Session, 1987, is amended to read as follows:
1-32 (a) To be qualified for election as a director, a person
1-33 must be:
1-34 (1) a resident of the district or proposed district;
1-35 (2) at least 18 years of age; and
1-36 (3) not otherwise disqualified by Section 36.051
1-37 [50.026], Water Code.
1-38 SECTION 4. Section 8, Chapter 439, Acts of the 70th
1-39 Legislature, Regular Session, 1987, is amended by amending
1-40 Subsection (a) and adding Subsection (c) to read as follows:
1-41 (a) The board consists of an equal number of directors from
1-42 each county, elected by a majority vote of the qualified voters
1-43 residing in the part of the county that is included in the
1-44 district, and one director elected from the district at large. The
1-45 board consists of not fewer than 5 and not more than 11 directors
1-46 [of directors of the district is composed of seven members, three
1-47 directors from Tom Green County, three directors from Concho
1-48 County, and one director from the district as a whole, who shall be
1-49 elected by a majority vote of the qualified voters residing in the
1-50 area of each portion of a county included in the district].
1-51 (c) When territory is annexed by the district, the board
1-52 shall, if necessary, change the number of directors so that an
1-53 equal number of directors is elected by district voters of each
1-54 county and one director is elected from the district at large. The
1-55 board shall provide that, as nearly as possible, half of the
1-56 directors are elected at each subsequent election in continuing
1-57 sequence.
1-58 SECTION 5. Section 9(a), Chapter 439, Acts of the 70th
1-59 Legislature, Regular Session, 1987, is amended to read as follows:
1-60 (a) Every second year the board shall call and hold an
1-61 election on the uniform election date in May provided by Section
1-62 41.001, Election Code, [Beginning in the second year following the
1-63 creation election, an election shall be held on the third Saturday
1-64 in May every second year] to elect the appropriate number of
2-1 directors to the board.
2-2 SECTION 6. Sections 10, 11, and 14, Chapter 439, Acts of the
2-3 70th Legislature, Regular Session, 1987, are amended to read as
2-4 follows:
2-5 Sec. 10. TERM OF OFFICE. (a) Directors [Except for the
2-6 initial directors of the district, directors shall] serve staggered
2-7 four-year [for] terms [of four years].
2-8 (b) Three [The four initial directors receiving the highest
2-9 number of votes at the confirmation election shall serve as
2-10 directors until the four persons elected at the second regular
2-11 election of directors have qualified, and the other three initial
2-12 directors shall serve until the three persons elected at the first
2-13 regular directors' election have qualified. After the second
2-14 regular directors' election, three] directors shall be elected at
2-15 one election and four at the next election in continuing sequence
2-16 until there is a change in the number of directors under Section 8
2-17 of this Act.
2-18 Sec. 11. COMPENSATION. (a) A director is entitled to receive
2-19 fees of office as provided by Chapter 36, Water Code, [for his
2-20 services an amount not to exceed $25 a day] for each day the
2-21 director spends performing the duties of a director [actually
2-22 engaged in duties for the district].
2-23 (b) Each director is entitled to receive reimbursement of
2-24 actual expenses reasonably and necessarily incurred while engaging
2-25 in duties on behalf of the district.
2-26 Sec. 14. ADDITIONAL RIGHTS AND POWERS. (a) The board may
2-27 enter into contracts as provided by Chapter 36 [51], Water Code,
2-28 and those contracts shall be executed by the board in the name of
2-29 the district.
2-30 (b) The board may adopt a seal for the district.
2-31 (c) [If the district regulates production of underground
2-32 water by permit as provided by Chapter 52, Water Code, the board
2-33 may not deny a permit to drill a well to the owner of land, his
2-34 heirs, assigns, and lessees on his land and the right to produce
2-35 water from that well under rules adopted by the district.]
2-36 [(d)] The district may control, store, and preserve the
2-37 storm water and floodwater in the district and the water of rivers
2-38 and streams in the district for irrigation of arid land, prevention
2-39 of floods and flood damage in the district, and domestic,
2-40 agricultural, and industrial use.
2-41 (d) [(e)] The district may reclaim land within the district
2-42 and may construct the necessary works, facilities, and improvements
2-43 to accomplish this purpose.
2-44 (e) [(f)] The district may construct and maintain terraces
2-45 and other structures on land in the district and may engage in and
2-46 promote land treatment measures for soil conservation and
2-47 improvement.
2-48 (f) [(g)] The district may construct or acquire and improve
2-49 and maintain works, facilities, and improvements necessary to carry
2-50 out the purposes, powers, and plans of the district.
2-51 (g) [(h)] The district may construct and acquire works,
2-52 facilities, and improvements in the manner provided by Chapter 36
2-53 [51], Water Code.
2-54 (h) [(i)] The district may acquire by gift, grant, devise,
2-55 lease, purchase, or condemnation any land or other property
2-56 necessary to carry out this Act.
2-57 (i) [(j)] Subject to this Act and Chapter 36 [Chapters 51
2-58 and 52], Water Code, the district may sell or otherwise dispose of
2-59 land and other property of the district that the board determines
2-60 is not necessary to carry out the purposes or powers of the
2-61 district.
2-62 (j) [(k) The district may not enter into any contract or
2-63 engage in any action to supply underground water or surface water
2-64 inside or outside the district.]
2-65 [(l)] The district through the members of the board or its
2-66 general manager may appear before the Railroad Commission of Texas
2-67 and present evidence and information relating to any pending permit
2-68 application for an injection well to be located within the
2-69 district.
3-1 (k) [(m)] The district may borrow money for any purpose
3-2 authorized by this Act.
3-3 (l) [(n)] Except to the extent of any conflict with this Act
3-4 or as specifically limited by this Act, the district may exercise
3-5 the powers granted and shall perform the duties under Chapter 36
3-6 [Subchapters D, O, and P, Chapter 51], Water Code.
3-7 SECTION 7. The following acts of the Lipan-Kickapoo Water
3-8 Conservation District are validated and confirmed in all respects
3-9 as if the actions had been taken as authorized by law:
3-10 (1) all acts and governmental proceedings of the
3-11 district taken before the effective date of this Act, including the
3-12 adoption of rules, the approval or issuance of water well drilling
3-13 permits, and annexations of land;
3-14 (2) all bonds and other obligations of the district
3-15 authorized or issued before the effective date of this Act,
3-16 including all proceedings taken before the effective date of this
3-17 Act that are related to those bonds or other obligations; and
3-18 (3) all directors of the district whether elected or
3-19 appointed who took office before the effective date of this Act.
3-20 SECTION 8. Section 7 of this Act does not apply to any act,
3-21 proceeding, director, bond, or obligation the validity of which or
3-22 of whom is the subject of litigation that is pending on the
3-23 effective date of this Act.
3-24 SECTION 9. This Act takes effect immediately if it receives
3-25 a vote of two-thirds of all the members elected to each house, as
3-26 provided by Section 39, Article III, Texas Constitution. If this
3-27 Act does not receive the vote necessary for immediate effect, this
3-28 Act takes effect September 1, 2001.
3-29 * * * * *