By: Rangel H.B. No. 3374
A BILL TO BE ENTITLED
AN ACT
relating to the creation, administration, powers, duties,
operation, and financing of the Kenedy County Groundwater
Conservation District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. CREATION. (a) A groundwater conservation
district, to be known as the Kenedy County Groundwater Conservation
District, is created in Kenedy County, subject to approval at a
confirmation election under Section 10 of this Act. The district is
a governmental agency and a body politic and corporate.
(b) The district is created under and is essential to
accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
SECTION 2. DEFINITION. In this Act, "district" means the
Kenedy County Groundwater Conservation District.
SECTION 3. BOUNDARIES. The boundaries of the district are
coextensive with the boundaries of Kenedy County, Texas.
SECTION 4. FINDING OF BENEFIT. All of the land and other
property included within the boundaries of the district will be
benefitted by the works and projects that are to be accomplished by
the district under powers conferred by Section 59, Article XVI,
Texas Constitution. The district is created to serve a public use
and benefit.
SECTION 5. GENERAL POWERS. (a) The district has all of the
rights, powers, privileges, authority, functions, and duties
provided by the general law of this state, including Chapter 36,
Water Code, applicable to groundwater conservation districts
created under Section 59, Article XVI, Texas Constitution. This
Act prevails over any provision of general law that is in conflict
or inconsistent with this Act.
(b) Notwithstanding Subsection (a), the following
provisions prevail over a conflictiing or inconsistent provision of
this Act:
(1) Sections 36.1071-36.108, Water Code;
(2) Sections 36.159-36.161, Water Code; and
(3) Subchapter I, Chapter 36, Water Code.
(c) Chapter 49, Water Code, does not apply to the district.
SECTION 6. BOARD OF DIRECTORS. (a) The district is
governed by a board of five directors.
(b) Temporary directors serve until initial directors are
elected under Section 10 of this Act.
(c) Initial directors serve until permanent directors are
elected under Section 11 of this Act.
(d) Permanent directors serve staggered four-year terms.
(e) Each director must qualify to serve as director in the
manner provided by Section 36.055, Water Code.
(f) A director serves until the director's successor has
qualified.
SECTION 7. COMPENSATION OF DIRECTORS. A director is not
entitled to fees of office but is entitled to reimbursement of
actual expenses reasonably and necessarily incurred while engaging
in activities on behalf of the district.
SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of
directors consists of five members appointed by the Commissioners
Court of Kenedy County.
(b) If a temporary director fails to qualify for office, the
Commissioners Court of Kenedy County shall appoint a person to fill
a vacancy.
SECTION 9. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
PRECINCTS. (a) The directors of the district shall be elected
according to the commissioners precinct method as provided by this
section.
(b) One director shall be elected by the electors of the
entire district, and one director shall be elected from each county
commissioners precinct by the electors of that precinct.
(c) To be qualified to be a candidate for or to serve as
director at large, a person must be a registered voter in the
district. To be a candidate for or to serve as director from a
county commissioners precinct, a person must be a registered voter
of that precinct.
(d) A person shall indicate on the application for a place
on the ballot:
(1) the precinct that the person seeks to represent;
or
(2) that the person seeks to represent the district at
large.
(e) At the first election after the county commissioners
precincts are redrawn under Section 18, Article V, Texas
Constitution, four new directors shall be elected to represent the
precincts. The directors elected shall draw lots to determine
which two directors serve two-year terms and which two directors
serve four-year terms.
SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
(a) The temporary board of directors shall call and hold an
election to confirm establishment of the district and to elect
initial directors.
(b) At the confirmation and initial directors' election,
the temporary board of directors shall have placed on the ballot the
name of any candidate filing for an initial director's position and
blank spaces to write in the names of other persons. A temporary
director who is qualified to be a candidate under Section 9 may file
for an initial director's position.
(c) Section 41.001(a), Election Code, does not apply to a
confirmation and initial directors' election held as provided by
this section.
(d) Except as provided by this section, a confirmation and
initial directors' election must be conducted as provided by
Sections 36.017(b)-(h), Water Code, and the Election Code.
SECTION 11. ELECTION OF DIRECTORS. (a) On the first
Saturday in May of the first even-numbered year after the year in
which the district is authorized to be created at a confirmation
election, an election shall be held in the district for the election
of three directors to serve four-year terms and two directors to
serve two-year terms.
(b) On the first Saturday in May of each subsequent second
year following the election, the appropriate number of directors
shall be elected.
SECTION 12. TAX RATE. The district may not levy a tax to pay
any part of bonds or notes issued by the district that exceeds 20
cents on each $100 of assessed valuation.
SECTION 13. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
(a) The proper and legal notice of the intention to introduce this
Act, setting forth the general substance of this Act, has been
published as provided by law, and the notice and a copy of this Act
have been furnished to all persons, agencies, officials, or
entities to which they are required to be furnished by the
constitution and other laws of this state, including the governor,
who has submitted the notice and Act to the Texas Natural Resource
Conservation Commission.
(b) The Texas Natural Resource Conservation Commission has
filed its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(c) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 14. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
takes effect September 1, 2001.
(b) If the creation of the district is not confirmed at a
confirmation election held under Section 10 of this Act before
September 1, 2003, this Act expires on that date.