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