1-1 AN ACT 1-2 relating to the creation, administration, powers, duties, 1-3 operation, and financing of the Kinney County Groundwater 1-4 Conservation District; granting the power of eminent domain and 1-5 conditionally granting authority to levy property taxes. 1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-7 SECTION 1. CREATION. (a) A groundwater conservation 1-8 district, to be known as the Kinney County Groundwater Conservation 1-9 District, is created in Kinney County, subject to approval at a 1-10 confirmation election under Section 9 of this Act. The district is 1-11 a governmental agency and a body politic and corporate. 1-12 (b) The district is created under and is essential to 1-13 accomplish the purposes of Section 59, Article XVI, Texas 1-14 Constitution. 1-15 SECTION 2. DEFINITIONS. In this Act: 1-16 (1) "Commissioners court" means the Commissioners 1-17 Court of Kinney County. 1-18 (2) "District" means the Kinney County Groundwater 1-19 Conservation District. 1-20 SECTION 3. BOUNDARIES. The boundaries of the district are 1-21 coextensive with the boundaries of Kinney County, Texas. 1-22 SECTION 4. FINDING OF BENEFIT. All of the land and other 1-23 property included within the boundaries of the district will be 1-24 benefited by the works and projects that are to be accomplished by 2-1 the district under powers conferred by Section 59, Article XVI, 2-2 Texas Constitution. The district is created to serve a public use 2-3 and benefit. 2-4 SECTION 5. GENERAL POWERS. (a) The district has all of the 2-5 rights, powers, privileges, authority, functions, and duties 2-6 provided by the general law of this state, including Chapter 36, 2-7 Water Code, applicable to groundwater conservation districts 2-8 created under Section 59, Article XVI, Texas Constitution. This 2-9 Act prevails over any provision of general law that is in conflict 2-10 or inconsistent with this Act. 2-11 (b) The district may exercise the power of eminent domain as 2-12 authorized by Section 36.105, Water Code. 2-13 SECTION 6. BOARD OF DIRECTORS. (a) The district is governed 2-14 by a board of seven directors. 2-15 (b) Temporary directors serve until initial directors are 2-16 elected under Section 9 of this Act. 2-17 (c) Initial directors serve until permanent directors are 2-18 elected under Section 10 of this Act. 2-19 (d) Permanent directors serve staggered four-year terms. 2-20 (e) Each director must qualify to serve as director in the 2-21 manner provided by Section 36.055, Water Code. 2-22 (f) A director serves until the director's successor has 2-23 qualified. 2-24 (g) Directors may serve consecutive terms. 2-25 (h) A director may not receive compensation but shall be 2-26 reimbursed for actual reasonable expenses incurred by the director 2-27 in performing duties as a director of the district. 3-1 (i) If a vacancy occurs on the board, the commissioners 3-2 court shall appoint a director to serve until the next election for 3-3 directors. At the next election for directors, a person shall be 3-4 elected to fill the position. If the position is not scheduled to 3-5 be filled at the election, the person elected to fill the position 3-6 shall serve only for the remainder of the unexpired term. 3-7 SECTION 7. TEMPORARY DIRECTORS. (a) In this section, 3-8 "agricultural director" means a person who owns or leases land in 3-9 the district that has a current agricultural use designation under 3-10 Chapter 23, Tax Code. 3-11 (b) The commissioners court shall receive a list of 3-12 potential temporary directors of the district recommended: 3-13 (1) for position one, by the commissioners court; 3-14 (2) for position two, by the Brackettville City 3-15 Council; 3-16 (3) for position three, by the directors of the Fort 3-17 Clark Springs Municipal Utility District; and 3-18 (4) for positions four through seven, by the directors 3-19 of the West Nueces-Las Moras Soil & Water Conservation District 3-20 #236. 3-21 (c) The commissioners court shall appoint temporary 3-22 directors and may consider the list compiled in Subsection (b) of 3-23 this section, as follows: 3-24 (1) for position one, an at-large, agricultural 3-25 director who is a resident of the district; 3-26 (2) for position two, an at-large director who is a 3-27 resident of Brackettville; 4-1 (3) for position three, an at-large director who is a 4-2 resident of the Fort Clark Springs Municipal Utility District; and 4-3 (4) for positions four through seven, one director 4-4 from each county commissioner precinct who resides in a rural area 4-5 of that precinct. 4-6 (d) If a temporary director fails to qualify for office, the 4-7 commissioners court shall appoint a person to fill the vacancy. 4-8 SECTION 8. METHOD OF ELECTING DIRECTORS. (a) The directors 4-9 of the district shall be elected according to the method provided 4-10 by this section. 4-11 (b) Three at-large directors shall be elected by the voters 4-12 of the entire district, and one director shall be elected from each 4-13 county commissioner precinct by the voters of that precinct. 4-14 (c) To be eligible to be a candidate for or to serve as a 4-15 director from a county commissioner precinct, a person must be a 4-16 registered voter of and reside in a rural area of that precinct. 4-17 (d) To be eligible to be a candidate for or to serve as a 4-18 director at-large, a person must be a registered voter in the 4-19 district and: 4-20 (1) for position one, reside in the district; 4-21 (2) for position two, reside in the city of 4-22 Brackettville; and 4-23 (3) for position three, reside in the Fort Clark 4-24 Springs Municipal Utility District. 4-25 (e) A person shall indicate on the application for a place 4-26 on the ballot the position on the board for which the person is a 4-27 candidate. 5-1 (f) At the first election after the county commissioners 5-2 precincts are redrawn under Section 18, Article V, Texas 5-3 Constitution, each director in office on the effective date of the 5-4 change, or elected to a term of office beginning on or after the 5-5 effective date of the change, shall serve, unless otherwise removed 5-6 as provided by law, in the position to which each was elected for 5-7 the entire term to which elected, even though the change in 5-8 boundaries places the director's residence outside the precinct 5-9 from which the director was elected. 5-10 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a) 5-11 The temporary board of directors shall call and hold an election to 5-12 confirm establishment of the district and to elect initial 5-13 directors. 5-14 (b) The district shall contract with the county clerk of 5-15 Kinney County to conduct the confirmation and initial directors' 5-16 election and future elections of the district. 5-17 (c) At the confirmation and initial directors' election, the 5-18 temporary board of directors shall have placed on the ballot the 5-19 name of any candidate for an initial director's position and blank 5-20 spaces to write in the names of other persons. A temporary 5-21 director who is eligible to be a candidate under Section 8 of this 5-22 Act may file for an initial director's position. 5-23 (d) Section 41.001(a), Election Code, does not apply to a 5-24 confirmation and initial directors' election held as provided by 5-25 this section. 5-26 (e) Except as provided by this section, a confirmation and 5-27 initial directors' election must be conducted as provided by 6-1 Sections 36.017(b)-(h), Water Code, and the Election Code. 6-2 SECTION 10. ELECTION OF PERMANENT DIRECTORS. (a) On the 6-3 first Tuesday after the first Monday in November of the first 6-4 even-numbered year after the year in which the district is 6-5 authorized to be created at a confirmation election, an election 6-6 shall be held in the district for the election of four directors to 6-7 serve four-year terms and three directors to serve two-year terms. 6-8 (b) On the first Tuesday after the first Monday in November 6-9 of each subsequent second year following the election, the 6-10 appropriate number of directors shall be elected. 6-11 SECTION 11. DISTRICT REVENUES. (a) The district may levy a 6-12 property tax each year to pay the maintenance and operating 6-13 expenses of the district at a rate not to exceed 10 cents on each 6-14 $100 of assessed valuation if the authority to impose property 6-15 taxes under this Act is approved by a majority of the voters voting 6-16 on that question at a confirmation election under Section 9 of this 6-17 Act or at a separate election called for that purpose by the board 6-18 of directors. 6-19 (b) The district may impose a fee on water exported out of 6-20 the district. 6-21 (c) The district may assess other fees as authorized by 6-22 Chapter 36, Water Code. 6-23 SECTION 12. CHANGE OF DISTRICT NAME. The board of directors 6-24 may change the district's name when the district annexes territory. 6-25 SECTION 13. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a) 6-26 The proper and legal notice of the intention to introduce this Act, 6-27 setting forth the general substance of this Act, has been published 7-1 as provided by law, and the notice and a copy of this Act have been 7-2 furnished to all persons, agencies, officials, or entities to which 7-3 they are required to be furnished by the constitution and other 7-4 laws of this state, including the governor, who has submitted the 7-5 notice and Act to the Texas Natural Resource Conservation 7-6 Commission. 7-7 (b) The Texas Natural Resource Conservation Commission has 7-8 filed its recommendations relating to this Act with the governor, 7-9 lieutenant governor, and speaker of the house of representatives 7-10 within the required time. 7-11 (c) All requirements of the constitution and laws of this 7-12 state and the rules and procedures of the legislature with respect 7-13 to the notice, introduction, and passage of this Act are fulfilled 7-14 and accomplished. 7-15 SECTION 14. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act 7-16 takes effect September 1, 2001. 7-17 (b) If the creation of the district is not confirmed at a 7-18 confirmation election held under Section 9 of this Act before 7-19 September 1, 2003, this Act expires on that date. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 3243 was passed by the House on April 20, 2001, by a non-record vote; and that the House concurred in Senate amendments to H.B. No. 3243 on May 25, 2001, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 3243 was passed by the Senate, with amendments, on May 21, 2001, by a viva-voce vote. _______________________________ Secretary of the Senate APPROVED: __________________________ Date __________________________ Governor