By Gallego H.B. No. 3243
77R7064 SGA-F
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) Notwithstanding Subsection (a), the following provisions
2-12 prevail over a conflicting or inconsistent provision of this Act:
2-13 (1) Sections 36.1071-36.108, Water Code;
2-14 (2) Sections 36.159-36.161, Water Code; and
2-15 (3) Subchapter I, Chapter 36, Water Code.
2-16 (c) The district may exercise the power of eminent domain as
2-17 authorized by Section 36.105, Water Code.
2-18 SECTION 6. BOARD OF DIRECTORS. (a) The district is governed
2-19 by a board of seven directors.
2-20 (b) Temporary directors serve until initial directors are
2-21 elected under Section 9 of this Act.
2-22 (c) Initial directors serve until permanent directors are
2-23 elected under Section 10 of this Act.
2-24 (d) Permanent directors serve staggered four-year terms.
2-25 (e) Each director must qualify to serve as director in the
2-26 manner provided by Section 36.055, Water Code.
2-27 (f) A director serves until the director's successor has
3-1 qualified.
3-2 (g) Directors may serve consecutive terms.
3-3 (h) A director may not receive compensation but shall be
3-4 reimbursed for actual reasonable expenses incurred by the director
3-5 in performing duties as a director of the district.
3-6 (i) If a vacancy occurs on the board, the commissioners
3-7 court may appoint a director to serve the remainder of the term.
3-8 SECTION 7. TEMPORARY DIRECTORS. (a) The commissioners court
3-9 shall appoint the temporary directors as follows:
3-10 (1) for position one, one at-large director who is a
3-11 resident of the district;
3-12 (2) for position two, one at-large director who is a
3-13 resident of the city of Brackettville;
3-14 (3) for position three, one at-large director who is a
3-15 resident of the Fort Clark Springs Municipal Utility District; and
3-16 (4) for positions four through seven, one director
3-17 from each county commissioner precinct who resides in a rural area
3-18 of that precinct.
3-19 (b) If a temporary director fails to qualify for office, the
3-20 commissioners court shall appoint a person to fill the vacancy.
3-21 SECTION 8. METHOD OF ELECTING DIRECTORS. (a) The directors
3-22 of the district shall be elected according to the method provided
3-23 by this section.
3-24 (b) Three at-large directors shall be elected by the voters
3-25 of the entire district, and one director shall be elected from each
3-26 county commissioner precinct by the voters of that precinct.
3-27 (c) To be eligible to be a candidate for or to serve as a
4-1 director from a county commissioner precinct, a person must be a
4-2 registered voter of and reside in a rural area of that precinct.
4-3 (d) To be eligible to be a candidate for or to serve as a
4-4 director at-large, a person must be a registered voter in the
4-5 district and:
4-6 (1) for position one, reside in the district;
4-7 (2) for position two, reside in the city of
4-8 Brackettville; and
4-9 (3) for position three, reside in the Fort Clark
4-10 Springs Municipal Utility District.
4-11 (e) A person shall indicate on the application for a place
4-12 on the ballot the position on the board for which the person is a
4-13 candidate.
4-14 (f) At the first election after the county commissioners
4-15 precincts are redrawn under Section 18, Article V, Texas
4-16 Constitution, each director in office on the effective date of the
4-17 change, or elected to a term of office beginning on or after the
4-18 effective date of the change, shall serve, unless otherwise removed
4-19 as provided by law, in the position to which each was elected for
4-20 the entire term to which elected, even though the change in
4-21 boundaries places the director's residence outside the precinct
4-22 from which the director was elected.
4-23 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a)
4-24 The temporary board of directors shall call and hold an election to
4-25 confirm establishment of the district and to elect initial
4-26 directors.
4-27 (b) The district shall contract with the county clerk of
5-1 Kinney County to conduct the confirmation and initial directors'
5-2 election and future elections of the district.
5-3 (c) At the confirmation and initial directors' election, the
5-4 temporary board of directors shall have placed on the ballot the
5-5 name of any candidate for an initial director's position and blank
5-6 spaces to write in the names of other persons. A temporary
5-7 director who is eligible to be a candidate under Section 8 of this
5-8 Act may file for an initial director's position.
5-9 (d) Section 41.001(a), Election Code, does not apply to a
5-10 confirmation and initial directors' election held as provided by
5-11 this section.
5-12 (e) Except as provided by this section, a confirmation and
5-13 initial directors' election must be conducted as provided by
5-14 Sections 36.017(b)-(h), Water Code, and the Election Code.
5-15 SECTION 10. ELECTION OF PERMANENT DIRECTORS. (a) On the
5-16 first Tuesday after the first Monday in November of the first
5-17 even-numbered year after the year in which the district is
5-18 authorized to be created at a confirmation election, an election
5-19 shall be held in the district for the election of four directors to
5-20 serve four-year terms and three directors to serve two-year terms.
5-21 (b) On the first Tuesday after the first Monday in November
5-22 of each subsequent second year following the election, the
5-23 appropriate number of directors shall be elected.
5-24 SECTION 11. DISTRICT REVENUES. (a) The district may levy a
5-25 property tax each year to pay the maintenance and operating
5-26 expenses of the district at a rate not to exceed 10 cents on each
5-27 $100 of assessed valuation if the authority to impose property
6-1 taxes under this Act is approved by a majority of the voters voting
6-2 on that question at a confirmation election under Section 9 of this
6-3 Act or at a separate election called for that purpose by the board
6-4 of directors.
6-5 (b) The district may assess user fees based on the amount of
6-6 water withdrawn from a well as follows:
6-7 (1) fees may not exceed one dollar per acre-foot for
6-8 water used for the purpose of irrigating agricultural crops;
6-9 (2) fees may not exceed 17 cents per thousand gallons
6-10 for water used for any other purpose; and
6-11 (3) the rate of fees for crop or livestock production
6-12 or other agricultural uses may not exceed 20 percent of the rate
6-13 applied to municipal uses.
6-14 (c) If the district assesses user fees, Section 36.121,
6-15 Water Code, does not apply to the district.
6-16 (d) The district may impose a fee on water exported out of
6-17 the district.
6-18 (e) The district may assess other fees as authorized by
6-19 Chapter 36, Water Code.
6-20 SECTION 12. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a)
6-21 The proper and legal notice of the intention to introduce this Act,
6-22 setting forth the general substance of this Act, has been published
6-23 as provided by law, and the notice and a copy of this Act have been
6-24 furnished to all persons, agencies, officials, or entities to which
6-25 they are required to be furnished by the constitution and other
6-26 laws of this state, including the governor, who has submitted the
6-27 notice and Act to the Texas Natural Resource Conservation
7-1 Commission.
7-2 (b) The Texas Natural Resource Conservation Commission has
7-3 filed its recommendations relating to this Act with the governor,
7-4 lieutenant governor, and speaker of the house of representatives
7-5 within the required time.
7-6 (c) All requirements of the constitution and laws of this
7-7 state and the rules and procedures of the legislature with respect
7-8 to the notice, introduction, and passage of this Act are fulfilled
7-9 and accomplished.
7-10 SECTION 13. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
7-11 takes effect September 1, 2001.
7-12 (b) If the creation of the district is not confirmed at a
7-13 confirmation election held under Section 9 of this Act before
7-14 September 1, 2003, this Act expires on that date.