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.