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.
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