77R10463 SGA-F                           
         By Gallego                                            H.B. No. 3243
         Substitute the following for H.B. No. 3243:
         By Counts                                         C.S.H.B. No. 3243
                                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 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)  The commissioners court
 3-8     shall appoint the temporary directors as follows:
 3-9                 (1)  for position one, one at-large director who is a
3-10     resident of the district;
3-11                 (2)  for position two, one at-large director who is a
3-12     resident of the city of Brackettville;
3-13                 (3)  for position three, one at-large director who is a
3-14     resident of the Fort Clark Springs Municipal Utility District; and
3-15                 (4)  for positions four through seven, one director
3-16     from each county commissioner precinct who resides in a rural area
3-17     of that precinct.
3-18           (b)  If a temporary director fails to qualify for office, the
3-19     commissioners court shall appoint a person to fill the vacancy.
3-20           SECTION 8. METHOD OF ELECTING DIRECTORS. (a)  The directors
3-21     of the district shall be elected according to the method provided
3-22     by this section.
3-23           (b)  Three at-large directors shall be elected by the voters
3-24     of the entire district, and one director shall be elected from each
3-25     county commissioner precinct by the voters of that precinct.
3-26           (c)  To be eligible to be a candidate for or to serve as a
3-27     director from a county commissioner precinct, a person must be a
 4-1     registered voter of and reside in a rural area of that precinct.
 4-2           (d)  To be eligible to be a candidate for or to serve as a
 4-3     director at-large, a person must be a registered voter in the
 4-4     district and:
 4-5                 (1)  for position one, reside in the district;
 4-6                 (2)  for position two, reside in the city of
 4-7     Brackettville; and
 4-8                 (3)  for position three, reside in the Fort Clark
 4-9     Springs Municipal Utility District.
4-10           (e)  A person shall indicate on the application for a place
4-11     on the ballot the position on the board for which the person is a
4-12     candidate.
4-13           (f)  At the first election after the county commissioners
4-14     precincts are redrawn under Section 18, Article V, Texas
4-15     Constitution, each director in office on the effective date of the
4-16     change, or elected to a term of office beginning on or after the
4-17     effective date of the change, shall serve, unless otherwise removed
4-18     as provided by law, in the position to which each was elected for
4-19     the entire term to which elected, even though the change in
4-20     boundaries places the director's residence outside the precinct
4-21     from which the director was elected.
4-22           SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a)
4-23     The temporary board of directors shall call and hold an election to
4-24     confirm establishment of the district and to elect initial
4-25     directors.
4-26           (b)  The district shall contract with the county clerk of
4-27     Kinney County to conduct the confirmation and initial directors'
 5-1     election and future elections of the district.
 5-2           (c)  At the confirmation and initial directors' election, the
 5-3     temporary board of directors shall have placed on the ballot the
 5-4     name of any candidate for an initial director's position and blank
 5-5     spaces to write in the names of other persons.  A temporary
 5-6     director who is eligible to be a candidate under Section 8 of this
 5-7     Act may file for an initial director's position.
 5-8           (d)  Section 41.001(a), Election Code, does not apply to a
 5-9     confirmation and initial directors' election held as provided by
5-10     this section.
5-11           (e)  Except as provided by this section, a confirmation and
5-12     initial directors' election must be conducted as provided by
5-13     Sections 36.017(b)-(h), Water Code, and the Election Code.
5-14           SECTION 10. ELECTION OF PERMANENT DIRECTORS. (a)  On the
5-15     first Tuesday after the first Monday in November of the first
5-16     even-numbered year after the year in which the district is
5-17     authorized to be created at a confirmation election, an election
5-18     shall be held in the district for the election of four directors to
5-19     serve four-year terms and three directors to serve two-year terms.
5-20           (b)  On the first Tuesday after the first Monday in November
5-21     of each subsequent second year following the election, the
5-22     appropriate number of directors shall be elected.
5-23           SECTION 11. DISTRICT REVENUES. (a)  The district may levy a
5-24     property tax each year to pay the maintenance and operating
5-25     expenses of the district at a rate not to exceed 10 cents on each
5-26     $100 of assessed valuation if the authority to impose property
5-27     taxes under this Act is approved by a majority of the voters voting
 6-1     on that question at a confirmation election under Section 9 of this
 6-2     Act or at a separate election called for that purpose by the board
 6-3     of directors.
 6-4           (b)  The district may impose a fee on water exported out of
 6-5     the district.
 6-6           (c)  The district may assess other fees as authorized by
 6-7     Chapter 36, Water Code.
 6-8           SECTION 12. CHANGE OF DISTRICT NAME.  The board of directors
 6-9     may change the district's name when the district annexes territory.
6-10           SECTION 13. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a)
6-11     The proper and legal notice of the intention to introduce this Act,
6-12     setting forth the general substance of this Act, has been published
6-13     as provided by law, and the notice and a copy of this Act have been
6-14     furnished to all persons, agencies, officials, or entities to which
6-15     they are required to be furnished by the constitution and other
6-16     laws of this state, including the governor, who has submitted the
6-17     notice and Act to the Texas Natural Resource Conservation
6-18     Commission.
6-19           (b)  The Texas Natural Resource Conservation Commission has
6-20     filed its recommendations relating to this Act with the governor,
6-21     lieutenant governor, and speaker of the house of representatives
6-22     within the required time.
6-23           (c)  All requirements of the constitution and laws of this
6-24     state and the rules and procedures of the legislature with respect
6-25     to the notice, introduction, and passage of this Act are fulfilled
6-26     and accomplished.
6-27           SECTION 14. EFFECTIVE DATE; EXPIRATION DATE. (a)  This Act
 7-1     takes effect September 1, 2001.
 7-2           (b)  If the creation of the district is not confirmed at  a
 7-3     confirmation election held under Section 9 of this Act before
 7-4     September 1, 2003, this Act expires on that date.