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.