1-1 By: Wentworth S.B. No. 1752 1-2 (In the Senate - Filed March 9, 2001; March 14, 2001, read 1-3 first time and referred to Committee on Natural Resources; 1-4 May 11, 2001, reported favorably by the following vote: Yeas 5, 1-5 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 Kimble County Groundwater 1-10 Conservation District. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. CREATION. (a) A groundwater conservation 1-13 district, to be known as the Kimble County Groundwater Conservation 1-14 District, is created in Kimble County, subject to approval at a 1-15 confirmation election under Section 10 of this Act. The district 1-16 is a governmental agency and a body politic and corporate. 1-17 (b) The district is created under and is essential to 1-18 accomplish the purposes of Section 59, Article XVI, Texas 1-19 Constitution. 1-20 SECTION 2. DEFINITION. In this Act, "district" means the 1-21 Kimble County Groundwater Conservation District. 1-22 SECTION 3. BOUNDARIES. The boundaries of the district are 1-23 coextensive with the boundaries of Kimble County, Texas, excluding 1-24 that part of Kimble County that lies within the boundaries of the 1-25 Hickory Underground Conservation Water District No. 1. 1-26 SECTION 4. FINDING OF BENEFIT. All of the land and other 1-27 property included within the boundaries of the district will be 1-28 benefited by the works and projects that are to be accomplished by 1-29 the district under powers conferred by Section 59, Article XVI, 1-30 Texas Constitution. The district is created to serve a public use 1-31 and benefit. 1-32 SECTION 5. GENERAL POWERS. (a) The district has all of the 1-33 rights, powers, privileges, authority, functions, and duties 1-34 provided by the general law of this state, including Chapter 36, 1-35 Water Code, applicable to groundwater conservation districts 1-36 created under Section 59, Article XVI, Texas Constitution. This 1-37 Act prevails over any provision of general law that is in conflict 1-38 or is inconsistent with this Act. 1-39 (b) Notwithstanding Subsection (a) of this section, the 1-40 following provisions prevail over a conflicting or inconsistent 1-41 provision of this Act: 1-42 (1) Sections 36.1071-36.108, Water Code; 1-43 (2) Sections 36.159, 36.160, and 36.161, Water Code; 1-44 and 1-45 (3) Subchapter I, Chapter 36, Water Code. 1-46 (c) Chapter 49, Water Code, does not apply to the district. 1-47 SECTION 6. BOARD OF DIRECTORS. (a) The district is 1-48 governed by a board of five directors. 1-49 (b) Temporary directors serve until initial directors are 1-50 elected under Section 10 of this Act. 1-51 (c) Initial directors serve until permanent directors are 1-52 elected under Section 11 of this Act. 1-53 (d) Permanent directors serve staggered four-year terms. 1-54 (e) Each director must qualify to serve as director in the 1-55 manner provided by Section 36.055, Water Code. 1-56 (f) A director serves until the director's successor has 1-57 qualified. 1-58 SECTION 7. COMPENSATION OF DIRECTORS. A director is not 1-59 entitled to fees of office but is entitled to reimbursement of 1-60 actual expenses reasonably and necessarily incurred while engaging 1-61 in activities on behalf of the district. 1-62 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of 1-63 directors consists of five members appointed by the Commissioners 1-64 Court of Kimble County. 2-1 (b) If a temporary director fails to qualify for office, the 2-2 Commissioners Court of Kimble County shall appoint a person to fill 2-3 the vacancy. 2-4 SECTION 9. METHOD OF ELECTING DIRECTORS: SINGLE-MEMBER 2-5 DISTRICTS. (a) The temporary directors shall draw five numbered, 2-6 single-member districts for electing directors. 2-7 (b) For the conduct of an election under Section 10 or 11 of 2-8 this Act, the board shall provide for one director to be elected 2-9 from each of the single-member districts. A director elected from 2-10 a single-member district represents the residents of that 2-11 single-member district. 2-12 (c) To be qualified to be a candidate for or to serve as 2-13 director, a person must be a registered voter in the single-member 2-14 district that the person represents or seeks to represent. 2-15 (d) The initial or permanent directors may revise the 2-16 districts as necessary or appropriate. The board of directors 2-17 shall revise each single-member district after each federal 2-18 decennial census to reflect population changes. At the first 2-19 election after the single-member districts are revised, a new 2-20 director shall be elected from each district. The directors shall 2-21 draw lots to determine which two directors serve two-year terms and 2-22 which three directors serve four-year terms. 2-23 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS ELECTION. 2-24 (a) The temporary board of directors shall call and hold an 2-25 election to confirm establishment of the district and to elect 2-26 initial directors. 2-27 (b) At the confirmation and initial directors election, the 2-28 temporary board of directors shall have placed on the ballot the 2-29 name of any candidate filing for an initial director position and 2-30 blank spaces to write in the names of other persons. A temporary 2-31 director who is qualified to be a candidate under Section 9 of this 2-32 Act may file for an initial director position. 2-33 (c) Section 41.001(a), Election Code, does not apply to a 2-34 confirmation and initial directors election held as provided by 2-35 this section. 2-36 (d) Except as provided by this section, a confirmation and 2-37 initial directors election must be conducted as provided by 2-38 Sections 36.017(b)-(h), Water Code, and the Election Code. 2-39 SECTION 11. ELECTION OF DIRECTORS. (a) On the first 2-40 Saturday in May of the first even-numbered year after the year in 2-41 which the district is authorized to be created at a confirmation 2-42 election, an election shall be held in the district for the 2-43 election of three directors to serve four-year terms and two 2-44 directors to serve two-year terms. 2-45 (b) On the first Saturday in May of each subsequent second 2-46 year following the election, the appropriate number of directors 2-47 shall be elected. 2-48 SECTION 12. TAX RATE. The district may not levy a tax to 2-49 pay any part of bonds or notes issued by the district that exceeds 2-50 20 cents on each $100 of assessed valuation. 2-51 SECTION 13. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 2-52 (a) The proper and legal notice of the intention to introduce this 2-53 Act, setting forth the general substance of this Act, has been 2-54 published as provided by law, and the notice and a copy of this Act 2-55 have been furnished to all persons, agencies, officials, or 2-56 entities to which they are required to be furnished by the 2-57 constitution and other laws of this state, including the governor, 2-58 who has submitted the notice and Act to the Texas Natural Resource 2-59 Conservation Commission. 2-60 (b) The Texas Natural Resource Conservation Commission has 2-61 filed its recommendations relating to this Act with the governor, 2-62 lieutenant governor, and speaker of the house of representatives 2-63 within the required time. 2-64 (c) All requirements of the constitution and laws of this 2-65 state and the rules and procedures of the legislature with respect 2-66 to the notice, introduction, and passage of this Act are fulfilled 2-67 and accomplished. 2-68 SECTION 14. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act 2-69 takes effect September 1, 2001. 3-1 (b) If the creation of the district is not confirmed at a 3-2 confirmation election held under Section 10 of this Act before 3-3 September 1, 2003, this Act expires on that date. 3-4 * * * * *