1-1 By: Gallego (Senate Sponsor - Madla) H.B. No. 3243 1-2 (In the Senate - Received from the House April 23, 2001; 1-3 April 24, 2001, read first time and referred to Committee on 1-4 Natural Resources; May 11, 2001, reported favorably by the 1-5 following vote: Yeas 4, Nays 0; May 11, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the creation, administration, powers, duties, 1-9 operation, and financing of the Kinney County Groundwater 1-10 Conservation District; granting the power of eminent domain and 1-11 conditionally granting authority to levy property taxes. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. CREATION. (a) A groundwater conservation 1-14 district, to be known as the Kinney County Groundwater Conservation 1-15 District, is created in Kinney County, subject to approval at a 1-16 confirmation election under Section 9 of this Act. The district is 1-17 a governmental agency and a body politic and corporate. 1-18 (b) The district is created under and is essential to 1-19 accomplish the purposes of Section 59, Article XVI, Texas 1-20 Constitution. 1-21 SECTION 2. DEFINITIONS. In this Act: 1-22 (1) "Commissioners court" means the Commissioners 1-23 Court of Kinney County. 1-24 (2) "District" means the Kinney County Groundwater 1-25 Conservation District. 1-26 SECTION 3. BOUNDARIES. The boundaries of the district are 1-27 coextensive with the boundaries of Kinney County, Texas. 1-28 SECTION 4. FINDING OF BENEFIT. All of the land and other 1-29 property included within the boundaries of the district will be 1-30 benefited by the works and projects that are to be accomplished by 1-31 the district under powers conferred by Section 59, Article XVI, 1-32 Texas Constitution. The district is created to serve a public use 1-33 and benefit. 1-34 SECTION 5. GENERAL POWERS. (a) The district has all of the 1-35 rights, powers, privileges, authority, functions, and duties 1-36 provided by the general law of this state, including Chapter 36, 1-37 Water Code, applicable to groundwater conservation districts 1-38 created under Section 59, Article XVI, Texas Constitution. This 1-39 Act prevails over any provision of general law that is in conflict 1-40 or inconsistent with this Act. 1-41 (b) The district may exercise the power of eminent domain as 1-42 authorized by Section 36.105, Water Code. 1-43 SECTION 6. BOARD OF DIRECTORS. (a) The district is governed 1-44 by a board of seven directors. 1-45 (b) Temporary directors serve until initial directors are 1-46 elected under Section 9 of this Act. 1-47 (c) Initial directors serve until permanent directors are 1-48 elected under Section 10 of this Act. 1-49 (d) Permanent directors serve staggered four-year terms. 1-50 (e) Each director must qualify to serve as director in the 1-51 manner provided by Section 36.055, Water Code. 1-52 (f) A director serves until the director's successor has 1-53 qualified. 1-54 (g) Directors may serve consecutive terms. 1-55 (h) A director may not receive compensation but shall be 1-56 reimbursed for actual reasonable expenses incurred by the director 1-57 in performing duties as a director of the district. 1-58 (i) If a vacancy occurs on the board, the commissioners 1-59 court shall appoint a director to serve until the next election for 1-60 directors. At the next election for directors, a person shall be 1-61 elected to fill the position. If the position is not scheduled to 1-62 be filled at the election, the person elected to fill the position 1-63 shall serve only for the remainder of the unexpired term. 1-64 SECTION 7. TEMPORARY DIRECTORS. (a) The commissioners court 2-1 shall appoint the temporary directors as follows: 2-2 (1) for position one, one at-large director who is a 2-3 resident of the district; 2-4 (2) for position two, one at-large director who is a 2-5 resident of the city of Brackettville; 2-6 (3) for position three, one at-large director who is a 2-7 resident of the Fort Clark Springs Municipal Utility District; and 2-8 (4) for positions four through seven, one director 2-9 from each county commissioner precinct who resides in a rural area 2-10 of that precinct. 2-11 (b) If a temporary director fails to qualify for office, the 2-12 commissioners court shall appoint a person to fill the vacancy. 2-13 SECTION 8. METHOD OF ELECTING DIRECTORS. (a) The directors 2-14 of the district shall be elected according to the method provided 2-15 by this section. 2-16 (b) Three at-large directors shall be elected by the voters 2-17 of the entire district, and one director shall be elected from each 2-18 county commissioner precinct by the voters of that precinct. 2-19 (c) To be eligible to be a candidate for or to serve as a 2-20 director from a county commissioner precinct, a person must be a 2-21 registered voter of and reside in a rural area of that precinct. 2-22 (d) To be eligible to be a candidate for or to serve as a 2-23 director at-large, a person must be a registered voter in the 2-24 district and: 2-25 (1) for position one, reside in the district; 2-26 (2) for position two, reside in the city of 2-27 Brackettville; and 2-28 (3) for position three, reside in the Fort Clark 2-29 Springs Municipal Utility District. 2-30 (e) A person shall indicate on the application for a place 2-31 on the ballot the position on the board for which the person is a 2-32 candidate. 2-33 (f) At the first election after the county commissioners 2-34 precincts are redrawn under Section 18, Article V, Texas 2-35 Constitution, each director in office on the effective date of the 2-36 change, or elected to a term of office beginning on or after the 2-37 effective date of the change, shall serve, unless otherwise removed 2-38 as provided by law, in the position to which each was elected for 2-39 the entire term to which elected, even though the change in 2-40 boundaries places the director's residence outside the precinct 2-41 from which the director was elected. 2-42 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a) 2-43 The temporary board of directors shall call and hold an election to 2-44 confirm establishment of the district and to elect initial 2-45 directors. 2-46 (b) The district shall contract with the county clerk of 2-47 Kinney County to conduct the confirmation and initial directors' 2-48 election and future elections of the district. 2-49 (c) At the confirmation and initial directors' election, the 2-50 temporary board of directors shall have placed on the ballot the 2-51 name of any candidate for an initial director's position and blank 2-52 spaces to write in the names of other persons. A temporary 2-53 director who is eligible to be a candidate under Section 8 of this 2-54 Act may file for an initial director's position. 2-55 (d) Section 41.001(a), Election Code, does not apply to a 2-56 confirmation and initial directors' election held as provided by 2-57 this section. 2-58 (e) Except as provided by this section, a confirmation and 2-59 initial directors' election must be conducted as provided by 2-60 Sections 36.017(b)-(h), Water Code, and the Election Code. 2-61 SECTION 10. ELECTION OF PERMANENT DIRECTORS. (a) On the 2-62 first Tuesday after the first Monday in November of the first 2-63 even-numbered year after the year in which the district is 2-64 authorized to be created at a confirmation election, an election 2-65 shall be held in the district for the election of four directors to 2-66 serve four-year terms and three directors to serve two-year terms. 2-67 (b) On the first Tuesday after the first Monday in November 2-68 of each subsequent second year following the election, the 2-69 appropriate number of directors shall be elected. 3-1 SECTION 11. DISTRICT REVENUES. (a) The district may levy a 3-2 property tax each year to pay the maintenance and operating 3-3 expenses of the district at a rate not to exceed 10 cents on each 3-4 $100 of assessed valuation if the authority to impose property 3-5 taxes under this Act is approved by a majority of the voters voting 3-6 on that question at a confirmation election under Section 9 of this 3-7 Act or at a separate election called for that purpose by the board 3-8 of directors. 3-9 (b) The district may impose a fee on water exported out of 3-10 the district. 3-11 (c) The district may assess other fees as authorized by 3-12 Chapter 36, Water Code. 3-13 SECTION 12. CHANGE OF DISTRICT NAME. The board of directors 3-14 may change the district's name when the district annexes territory. 3-15 SECTION 13. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a) 3-16 The proper and legal notice of the intention to introduce this Act, 3-17 setting forth the general substance of this Act, has been published 3-18 as provided by law, and the notice and a copy of this Act have been 3-19 furnished to all persons, agencies, officials, or entities to which 3-20 they are required to be furnished by the constitution and other 3-21 laws of this state, including the governor, who has submitted the 3-22 notice and Act to the Texas Natural Resource Conservation 3-23 Commission. 3-24 (b) The Texas Natural Resource Conservation Commission has 3-25 filed its recommendations relating to this Act with the governor, 3-26 lieutenant governor, and speaker of the house of representatives 3-27 within the required time. 3-28 (c) All requirements of the constitution and laws of this 3-29 state and the rules and procedures of the legislature with respect 3-30 to the notice, introduction, and passage of this Act are fulfilled 3-31 and accomplished. 3-32 SECTION 14. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act 3-33 takes effect September 1, 2001. 3-34 (b) If the creation of the district is not confirmed at a 3-35 confirmation election held under Section 9 of this Act before 3-36 September 1, 2003, this Act expires on that date. 3-37 * * * * *