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.
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