By: Wentworth S.B. No. 1752 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 Kimble County Groundwater 1-4 Conservation District. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. CREATION. (a) A groundwater conservation 1-7 district, to be known as the Kimble County Groundwater Conservation 1-8 District, is created in Kimble County, subject to approval at a 1-9 confirmation election under Section 10 of this Act. The district 1-10 is a governmental agency and a body politic and corporate. 1-11 (b) The district is created under and is essential to 1-12 accomplish the purposes of Section 59, Article XVI, Texas 1-13 Constitution. 1-14 SECTION 2. DEFINITION. In this Act, "district" means the 1-15 Kimble County Groundwater Conservation District. 1-16 SECTION 3. BOUNDARIES. The boundaries of the district are 1-17 coextensive with the boundaries of Kimble County, Texas, excluding 1-18 that part of Kimble County that lies within the boundaries of the 1-19 Hickory Underground Conservation Water District No. 1. 1-20 SECTION 4. FINDING OF BENEFIT. All of the land and other 1-21 property included within the boundaries of the district will be 1-22 benefited by the works and projects that are to be accomplished by 1-23 the district under powers conferred by Section 59, Article XVI, 1-24 Texas Constitution. The district is created to serve a public use 1-25 and benefit. 2-1 SECTION 5. GENERAL POWERS. (a) The district has all of the 2-2 rights, powers, privileges, authority, functions, and duties 2-3 provided by the general law of this state, including Chapter 36, 2-4 Water Code, applicable to groundwater conservation districts 2-5 created under Section 59, Article XVI, Texas Constitution. This 2-6 Act prevails over any provision of general law that is in conflict 2-7 or is inconsistent with this Act. 2-8 (b) Notwithstanding Subsection (a) of this section, the 2-9 following provisions prevail over a conflicting or inconsistent 2-10 provision of this Act: 2-11 (1) Sections 36.1071-36.108, Water Code; 2-12 (2) Sections 36.159, 36.160, and 36.161, Water Code; 2-13 and 2-14 (3) Subchapter I, Chapter 36, Water Code. 2-15 (c) Chapter 49, Water Code, does not apply to the district. 2-16 SECTION 6. BOARD OF DIRECTORS. (a) The district is 2-17 governed by a board of five directors. 2-18 (b) Temporary directors serve until initial directors are 2-19 elected under Section 10 of this Act. 2-20 (c) Initial directors serve until permanent directors are 2-21 elected under Section 11 of this Act. 2-22 (d) Permanent directors serve staggered four-year terms. 2-23 (e) Each director must qualify to serve as director in the 2-24 manner provided by Section 36.055, Water Code. 2-25 (f) A director serves until the director's successor has 2-26 qualified. 3-1 SECTION 7. COMPENSATION OF DIRECTORS. A director is not 3-2 entitled to fees of office but is entitled to reimbursement of 3-3 actual expenses reasonably and necessarily incurred while engaging 3-4 in activities on behalf of the district. 3-5 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of 3-6 directors consists of five members appointed by the Commissioners 3-7 Court of Kimble County. 3-8 (b) If a temporary director fails to qualify for office, the 3-9 Commissioners Court of Kimble County shall appoint a person to fill 3-10 the vacancy. 3-11 SECTION 9. METHOD OF ELECTING DIRECTORS: SINGLE-MEMBER 3-12 DISTRICTS. (a) The temporary directors shall draw five numbered, 3-13 single-member districts for electing directors. 3-14 (b) For the conduct of an election under Section 10 or 11 of 3-15 this Act, the board shall provide for one director to be elected 3-16 from each of the single-member districts. A director elected from 3-17 a single-member district represents the residents of that 3-18 single-member district. 3-19 (c) To be qualified to be a candidate for or to serve as 3-20 director, a person must be a registered voter in the single-member 3-21 district that the person represents or seeks to represent. 3-22 (d) The initial or permanent directors may revise the 3-23 districts as necessary or appropriate. The board of directors 3-24 shall revise each single-member district after each federal 3-25 decennial census to reflect population changes. At the first 3-26 election after the single-member districts are revised, a new 4-1 director shall be elected from each district. The directors shall 4-2 draw lots to determine which two directors serve two-year terms and 4-3 which three directors serve four-year terms. 4-4 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS ELECTION. 4-5 (a) The temporary board of directors shall call and hold an 4-6 election to confirm establishment of the district and to elect 4-7 initial directors. 4-8 (b) At the confirmation and initial directors election, the 4-9 temporary board of directors shall have placed on the ballot the 4-10 name of any candidate filing for an initial director position and 4-11 blank spaces to write in the names of other persons. A temporary 4-12 director who is qualified to be a candidate under Section 9 of this 4-13 Act may file for an initial director position. 4-14 (c) Section 41.001(a), Election Code, does not apply to a 4-15 confirmation and initial directors election held as provided by 4-16 this section. 4-17 (d) Except as provided by this section, a confirmation and 4-18 initial directors election must be conducted as provided by 4-19 Sections 36.017(b)-(h), Water Code, and the Election Code. 4-20 SECTION 11. ELECTION OF DIRECTORS. (a) On the first 4-21 Saturday in May of the first even-numbered year after the year in 4-22 which the district is authorized to be created at a confirmation 4-23 election, an election shall be held in the district for the 4-24 election of three directors to serve four-year terms and two 4-25 directors to serve two-year terms. 4-26 (b) On the first Saturday in May of each subsequent second 5-1 year following the election, the appropriate number of directors 5-2 shall be elected. 5-3 SECTION 12. TAX RATE. The district may not levy a tax to 5-4 pay any part of bonds or notes issued by the district that exceeds 5-5 20 cents on each $100 of assessed valuation. 5-6 SECTION 13. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 5-7 (a) The proper and legal notice of the intention to introduce this 5-8 Act, setting forth the general substance of this Act, has been 5-9 published as provided by law, and the notice and a copy of this Act 5-10 have been furnished to all persons, agencies, officials, or 5-11 entities to which they are required to be furnished by the 5-12 constitution and other laws of this state, including the governor, 5-13 who has submitted the notice and Act to the Texas Natural Resource 5-14 Conservation Commission. 5-15 (b) The Texas Natural Resource Conservation Commission has 5-16 filed its recommendations relating to this Act with the governor, 5-17 lieutenant governor, and speaker of the house of representatives 5-18 within the required time. 5-19 (c) All requirements of the constitution and laws of this 5-20 state and the rules and procedures of the legislature with respect 5-21 to the notice, introduction, and passage of this Act are fulfilled 5-22 and accomplished. 5-23 SECTION 14. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act 5-24 takes effect September 1, 2001. 5-25 (b) If the creation of the district is not confirmed at a 5-26 confirmation election held under Section 10 of this Act before 6-1 September 1, 2003, this Act expires on that date.