By Truan S.B. No. 1770
77R6138 QS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the ratification of the creation of and to the
1-3 administration, powers, duties, operation, and financing of the Red
1-4 Sands Groundwater Conservation District.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. RATIFICATION OF CREATION. The creation by Chapter
1-7 1331, Acts of the 76th Legislature, Regular Session, 1999 (Senate
1-8 Bill No. 1911), of the Red Sands Groundwater Conservation District
1-9 in Hidalgo County is ratified as required by Section 15(a) of that
1-10 Act, subject to approval at a confirmation election under Section 7
1-11 of this Act.
1-12 SECTION 2. DEFINITION. In this Act, "district" means the
1-13 Red Sands Groundwater Conservation District.
1-14 SECTION 3. BOUNDARIES. The district includes all of the
1-15 territory contained in the following described area:
1-16 A 19,232 acre tract more or less out of San Salvador Del Tule Grant
1-17 as recorded in Volume 10, Page 58 of the Hidalgo County, Texas map
1-18 records and out of the Santa Anita Grant as recorded in Volume 7,
1-19 Page 38 of the Hidalgo County, Texas map records.
1-20 Commencing at the Southeast Corner of this here in described
1-21 boundary tract, said point being the intersection of the centerline
1-22 of U.S. Highway 281 and the centerline of Farm to Market Road
1-23 number 490 (F.M. 490) (West Hargill Road) as shown in the map of
1-24 San Salvador Del Tule Grant as recorded in Volume 10, Page 58 of
2-1 the Hidalgo County map records. Said point is also the point of
2-2 beginning.
2-3 Thence, Westerly along the center line of the F.M. 490, an
2-4 approximate distance of 18,400 feet to a point on the West line of
2-5 San Salvador Del Tule Grant, said point also being the intersection
2-6 of the centerline of F.M. 490 and the West line of the San Salvador
2-7 Del Tule Grant,
2-8 Thence, Northerly along the West line of the San Salvador Del Tule
2-9 Grant and the East line of the Santa Anita Grant at an approximate
2-10 distance of 21,300 feet to a point, said point being an inside
2-11 corner of this herein described tract, and also being the Southeast
2-12 corner of Redland Vineyards Subdivision as recorded in Volume 4,
2-13 Page 51 of the Hidalgo County map records,
2-14 Thence, Westerly along the South line of the Redland Vineyards
2-15 Subdivision, an approximate distance of 4,238 feet to a point, said
2-16 point being an outside corner of this herein described tract, said
2-17 point also being the Southwest corner of the Redland Vineyard
2-18 Subdivision,
2-19 Thence, Northerly with the West line of Redland Vineyards
2-20 Subdivision, at approximately 4,590.50 feet past a point, said
2-21 point being the Northwest corner of Redland Vineyard Subdivision,
2-22 and the Southwest corner of Delbridge Subdivision as recorded in
2-23 Volume 5, Page 11, Hidalgo County map records, and continuing
2-24 Northerly along the West line of Delbridge Subdivision for an
2-25 approximate total distance of 6,646 feet to a point, said point
2-26 being an inside corner of this herein described tract, and also
2-27 being the Northwest corner of Delbridge Subdivision,
3-1 Thence, Westerly along the South line of a 196.37 acres tract,
3-2 known as the A.B. De Kock Tract, an approximate distance of 3,500
3-3 feet past the Southeast corner of share 4, out of the 8,374.70 acre
3-4 tract partition out of the Santa Anita Grant as recorded in Volume
3-5 7, Page 38, in the Hidalgo County map records and continuing
3-6 Westerly for an approximate total distance of 6,500 feet to a
3-7 point, said point being an outside corner of this herein described
3-8 tract and also being the Southwest corner of share 4,
3-9 Thence, Northerly along the West line of share 4, an approximate
3-10 total distance of 19,143 feet to a point, said point being the
3-11 Northwest corner of this herein described tracts and, the
3-12 intersection of the West line of share 4 and the centerline of Farm
3-13 to Market Road number 1017, (F.M. 1017)
3-14 Thence, in a Southeasterly direction, with the Right-of-Way
3-15 centerline of Farm to Market Road number 1017 (F.M. 1017) an
3-16 approximate total distance of 27,800 feet to a point, said point
3-17 being the Northeast corner of this herein described tract, and also
3-18 being the intersection of the centerline of F.M. 1017 Right-of-Way
3-19 and the center line of the U.S. Highway 281 Right-Of-Way,
3-20 Thence, in a Southerly direction, with the centerline of U.S.
3-21 Highway 281 Right-Of-Way, an approximate distance of 7,500 feet
3-22 past Floral Road, and at approximate 21,700 feet past Red Gate Road
3-23 and at approximate 29,700 feet past Laguna Seca Road and for an
3-24 approximate total distance of 39,300 feet to the point of beginning
3-25 of this here in described tract, said tract contains 19,232 Acres,
3-26 More or Less.
3-27 SECTION 4. GENERAL POWERS. (a) Except as provided by this
4-1 Act, the district has all of the rights, powers, privileges,
4-2 authority, functions, and duties provided by the general law of
4-3 this state, including Chapter 36, Water Code, applicable to
4-4 groundwater conservation districts created under Section 59,
4-5 Article XVI, Texas Constitution. This Act prevails over any
4-6 provision of general law that is in conflict or inconsistent with
4-7 this Act, including any provision of Chapter 1331, Acts of the 76th
4-8 Legislature, Regular Session, 1999 (Senate Bill No. 1911).
4-9 (b) The rights, powers, privileges, authority, functions,
4-10 and duties of the district are subject to the continuing right of
4-11 supervision of the state to be exercised by and through the Texas
4-12 Natural Resource Conservation Commission.
4-13 (c) Chapter 49, Water Code, does not apply to the district.
4-14 (d) Notwithstanding Subsection (a) of this section, the
4-15 following provisions prevail over a conflicting or inconsistent
4-16 provision in this Act:
4-17 (1) Sections 36.1071-36.108, Water Code;
4-18 (2) Sections 36.159-36.161, Water Code; and
4-19 (3) Subchapter I, Chapter 36, Water Code.
4-20 SECTION 5. BOARD OF DIRECTORS. (a) The district is
4-21 governed by a board of five directors, each elected at-large to one
4-22 of five numbered places.
4-23 (b) To qualify to serve as a director for places one through
4-24 four, an individual must own real property in and reside in the
4-25 district. An individual serving as a director for place five must
4-26 own real property in the district, but is not required to reside in
4-27 the district.
5-1 (c) Each director must qualify to serve as director in the
5-2 manner provided by Section 36.055, Water Code.
5-3 (d) Permanent directors serve staggered three-year terms.
5-4 (e) A director serves until the director's successor has
5-5 qualified.
5-6 (f) A vacancy in the office of director shall be filled by
5-7 appointment of the board until the next election for directors. At
5-8 the next election for directors, a person shall be elected to fill
5-9 the position. If the position is not scheduled to be filled at the
5-10 election, the person elected to fill the position shall serve only
5-11 for the remainder of the unexpired term.
5-12 (g) An appointed director who is qualified to serve as a
5-13 director under Subsection (b) of this section is eligible to run
5-14 for election to the board.
5-15 SECTION 6. TEMPORARY DIRECTORS. (a) The temporary board of
5-16 directors is composed of:
5-17 (1) Lucas Hinojosa;
5-18 (2) Becky Guerra;
5-19 (3) Arcadio Guerra;
5-20 (4) Elizabeth Ann Sweet; and
5-21 (5) John Cozad.
5-22 (b) The temporary directors are not required to meet the
5-23 eligibility requirements of permanent directors.
5-24 (c) Temporary directors serve until permanent directors are
5-25 elected at the confirmation election under Section 7 of this Act.
5-26 SECTION 7. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
5-27 (a) The temporary board of directors shall call and hold an
6-1 election to confirm establishment of the district and to elect
6-2 initial directors.
6-3 (b) At the confirmation and initial directors' election, the
6-4 temporary board of directors shall have placed on the ballot the
6-5 names of the candidates for each of the five numbered positions and
6-6 blank spaces to write in the names of other persons. Names on the
6-7 ballot may include persons serving as temporary directors who
6-8 intend to run for an initial director's position together with the
6-9 name of any candidate filing for an initial director's position.
6-10 (c) If a majority of the votes cast at the election favor
6-11 the creation of the district, the temporary directors shall declare
6-12 the district created. If a majority of the votes cast at the
6-13 election are against the creation of the district, the temporary
6-14 directors shall declare the district defeated. The temporary
6-15 directors shall file a copy of the election results with the Texas
6-16 Natural Resource Conservation Commission.
6-17 (d) If a majority of the votes cast at the election are
6-18 against the creation of the district, the temporary directors may
6-19 not call another election under this section before the first
6-20 anniversary of the date of that election.
6-21 (e) If the creation of the district is confirmed at the
6-22 election, the temporary board of directors, at the time the vote is
6-23 canvassed, shall:
6-24 (1) declare the qualified person who receives the most
6-25 votes for each position to be elected as the initial director for
6-26 that position; and
6-27 (2) include the results of the initial directors'
7-1 election in the district's election report to the Texas Natural
7-2 Resource Conservation Commission.
7-3 (f) The initial directors shall draw lots to determine their
7-4 terms so that:
7-5 (1) one director serves a one-year term that expires
7-6 on the anniversary of the date the initial directors were elected;
7-7 (2) two directors serve two-year terms that expire on
7-8 the anniversary of the date the initial directors were elected; and
7-9 (3) two directors serve three-year terms that expire
7-10 on the anniversary of the date the initial directors were elected.
7-11 (g) Section 41.001(a), Election Code, does not apply to a
7-12 confirmation and initial directors' election held as provided by
7-13 this section.
7-14 (h) Except as provided by this section, a confirmation
7-15 election must be conducted as provided by Sections 36.017(b)-(h),
7-16 Water Code, and the Election Code.
7-17 SECTION 8. ELECTION OF PERMANENT DIRECTORS. Beginning in
7-18 the first year after the year in which the district is authorized
7-19 to be created at a confirmation election, the board shall call an
7-20 election to be held in the district on the first Saturday in the
7-21 month in which the initial directors were elected under Section 7
7-22 of this Act and every year after that date to elect the appropriate
7-23 number of directors to the board.
7-24 SECTION 9. ELIGIBLE DISTRICT VOTERS. (a) Any person
7-25 qualified to vote under the Election Code who resides in the
7-26 district is eligible to vote in district elections.
7-27 (b) Notwithstanding Subsection (a) of this section,
8-1 nonresidents of the district who own real property in the district
8-2 are eligible to vote in district elections.
8-3 SECTION 10. TAXATION AUTHORITY. (a) The board of directors
8-4 shall impose taxes in accordance with the procedures under
8-5 Subchapter G, Chapter 36, Water Code.
8-6 (b) Notwithstanding Section 36.201, Water Code, the board of
8-7 directors may annually impose an ad valorem tax at a rate not to
8-8 exceed two cents on each $100 of assessed valuation, unless a
8-9 higher rate is approved by a majority of the voters of the district
8-10 voting at an election called and held for that purpose.
8-11 SECTION 11. TRANSPORTATION OF GROUNDWATER. (a) The board
8-12 of directors may adopt rules as provided by Section 36.122, Water
8-13 Code, requiring a permit to transport district groundwater outside
8-14 the district. The board of directors shall authorize the
8-15 transportation of groundwater for use outside the district if the
8-16 board determines that the use is in the public interest. The board
8-17 of directors may:
8-18 (1) designate uses of water that are in the public
8-19 interest; and
8-20 (2) establish criteria for permits issued under the
8-21 rules.
8-22 (b) Transportation projects for the use of groundwater
8-23 outside the district that began before the effective date of this
8-24 Act may continue without a permit if the use of groundwater is on
8-25 land contiguous to the district's boundaries and is for domestic or
8-26 livestock purposes.
8-27 SECTION 12. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
9-1 (a) The proper and legal notice of the intention to introduce this
9-2 Act, setting forth the general substance of this Act, has been
9-3 published as provided by law, and the notice and a copy of this Act
9-4 have been furnished to all persons, agencies, officials, or
9-5 entities to which they are required to be furnished by the
9-6 constitution and other laws of this state, including the governor,
9-7 who has submitted the notice and Act to the Texas Natural Resource
9-8 Conservation Commission.
9-9 (b) The Texas Natural Resource Conservation Commission has
9-10 filed its recommendations relating to this Act with the governor,
9-11 lieutenant governor, and speaker of the house of representatives
9-12 within the required time.
9-13 (c) All requirements of the constitution and laws of this
9-14 state and the rules and procedures of the legislature with respect
9-15 to the notice, introduction, and passage of this Act are fulfilled
9-16 and accomplished.
9-17 SECTION 13. EFFECTIVE DATE; EXPIRATION. (a) This Act takes
9-18 effect September 1, 2001.
9-19 (b) If the creation of the district is not confirmed at a
9-20 confirmation election held under Section 7 of this Act before
9-21 September 1, 2003, this Act expires on that date.