78R13169 QS-F
By: Armbrister S.B. No. 1946
A BILL TO BE ENTITLED
AN ACT
relating to the creation, administration, powers, duties,
operation, and financing of the Heritage Groundwater Conservation
District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITIONS. In this Act:
(1) "Board" means the board of directors of the
district.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "District" means the Heritage Groundwater
Conservation District.
SECTION 2. CREATION. (a) A groundwater conservation
district to be known as the Heritage Groundwater Conservation
District is created in parts of Brooks, Jim Wells, Kleberg, and
Nueces counties, subject to approval at a confirmation election
under Section 12 of this Act.
(b) The district is a governmental agency and a political
subdivision of the state.
(c) The district is created under and is essential to
accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
SECTION 3. FINDING OF BENEFIT AND PUBLIC PURPOSE. (a) The
district is created to serve a public use and benefit.
(b) All of the land and other property included within the
boundaries of the district will be benefited by the works and
projects that are to be accomplished by the district under powers
conferred by Section 59, Article XVI, Texas Constitution.
SECTION 4. BOUNDARIES. The boundaries of the district are
as follows:
(a) A tract of land known as the Laureles Ranch containing
255,026.53 acres, more or less, in Kleberg and Nueces Counties,
Texas, being more particularly described in an oil, gas, and
mineral lease from the Executors and Trustees under the will of Mrs.
Henrietta M. King, deceased, to Humble Oil & Refining Company dated
September 26, 1933, recorded in Volume 20, pages 1-13, of the Oil
and Gas Lease Records of Nueces County, Texas, and Volume 37, pages
183-189, of the Deed Records of Kleberg County, Texas, said tract
having been described as Item First in said lease to which reference
is here made for a complete description thereof;
(b) A tract of land known as the Santa Gertrudis Ranch
containing 203,468.13 acres, more or less, in Kleberg, Jim Wells,
and Brooks Counties, Texas, and composed of two parcels as follows:
(1) A parcel of land containing 173,028.90 acres, more
or less, in Kleberg, Jim Wells, and Brooks Counties, being more
particularly described in an oil, gas, and mineral lease from the
Executors and Trustees under the will of Mrs. Henrietta M. King,
deceased, to Humble Oil & Refining Company dated September 26,
1933, recorded in Volume 20, pages 1-13, of the Oil and Gas Lease
Records of Nueces County, Texas, and Volume 37, pages 183-189, of
the Deed Records of Kleberg County, Texas, said tract having been
described as Item Second in said lease to which reference is here
made for a complete description thereof; and
(2) A parcel of land containing 30,439.23 acres, more
or less, in Kleberg and Jim Wells Counties, Texas, being more
particularly described in an oil, gas, and mineral lease from Alice
G. K. Kleberg to Humble Oil & Refining Company dated September 26,
1933, recorded in Volume 37, page 200-206, of the Deed Records of
Kleberg County, Texas, and in Volume 50, page 166-172, of the Deed
Records of Jim Wells County, Texas, to which reference is here made
for a complete description thereof; and
(c) ALL of Farm Lots Twelve (12) and Thirteen (13), in Block
or Section Number Nine (9), of the Kleberg Town and Improvement
Company's Subdivision in Kleberg County, Texas or 74.62 acres more
or less, AND BEING the same property conveyed to John B. Armstrong
and Henrietta L. Armstrong, Trustees by Deed executed by Bessie Y.
Larkin, et al, dated June 10, 1964, and filed for recorded in the
Office of the County Clerk of Kleberg County, Texas, Volume 183,
Pages 524-527; and
(d) Lot 3 of Survey 283, A-124, of C.B.& C.N.G.R.R. Co.
according to Mrs. H. M. King Second Subdivision of Rivera Farm
Lands, containing 77.89 acres of land, more or less, and being the
same tract of land that was conveyed to King Ranch by J.F. McCullar
by deed dated November 2, 1943, recorded in Vol. 61, page 90 of the
Deed Records of Kleberg County, Texas.
SECTION 5. FINDINGS RELATIVE TO BOUNDARIES. The
legislature finds that the boundaries and field notes of the
district form a closure. If a mistake is made in the field notes or
in copying the field notes in the legislative process, the mistake
does not affect in any way:
(1) the organization, existence, or validity of the
district;
(2) the right of the district to impose taxes; or
(3) the legality or operation of the district or the
board.
SECTION 6. GENERAL POWERS. 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.
SECTION 7. APPLICABILITY OF OTHER LAW. (a) This Act
prevails over any provision of general law that is in conflict or
inconsistent with this Act.
(b) Chapter 49, Water Code, and Section 36.121, Water Code,
do not apply to the district.
SECTION 8. BOARD OF DIRECTORS. (a) The district is
governed by a board of five directors.
(b) Temporary directors serve until initial directors are
appointed under Section 11 of this Act.
(c) Initial directors serve until permanent directors are
appointed under Section 10 of this Act.
(d) Permanent directors serve staggered four-year terms
beginning on February 1 and ending on January 31.
(e) Each director must qualify to serve as director in the
manner provided by Section 36.055, Water Code.
(f) To be eligible to serve as a director of the district, a
person must reside on or own land within the boundaries of the
district. A person who is a shareholder of a corporation that owns
land within the boundaries of the district is considered to own land
within the boundaries of the district for purposes of this Act and
is eligible to serve as a director. A person is disqualified to
serve as a director under any requirements or prohibitions in any
general or special law relating to qualifications for directors,
public officers, or public officials if the person meets the
criteria of this subsection.
(g) Except for temporary directors, if there is a vacancy in
the office of director, the appropriate appointing entity
designated in Sections 10(b) and (c) of this Act shall appoint a
director who meets the criteria for the vacated position to serve
the remainder of the unexpired term.
(h) A director may not receive fees of office but may
receive reimbursement of actual expenses reasonably and
necessarily incurred while engaging in activities on behalf of the
district. The board may limit the amount of reimbursement of actual
expenses a director may receive by rule, bylaw, or resolution. This
subsection prevails over any provision of general or special law to
the contrary, including Section 36.060(d), Water Code.
(i) The common-law doctrine of incompatibility does not
disqualify:
(1) an officer or an employee of a political
subdivision from serving as a director of the district; or
(2) a director of the district from serving as a
director, officer, or employee of a political subdivision.
(j) A position on the board may not be construed to be a
civil office of emolument for any purpose, including a purpose
described by Section 40, Article XVI, Texas Constitution.
(k) A person who qualifies to serve on the board shall be
qualified to serve as a director and participate in all votes
relating to the business of the district regardless of any
common-law doctrine or any statutory conflicts of interest,
incompatibility, or similar provision to the contrary. Section
36.058, Water Code, Chapter 171, Local Government Code, and Chapter
573, Government Code, do not apply to the district.
SECTION 9. TEMPORARY DIRECTORS. (a) The temporary board
consists of:
(1) Paul Genho;
(2) Butch Thompson;
(3) Scott Moore;
(4) Gary Don Hopkins; and
(5) Eloy Quintanilla.
(b) If a temporary director fails to qualify for office or
if a vacancy occurs in the office of temporary director, the
temporary directors who have qualified shall appoint a person to
fill the vacancy.
SECTION 10. APPOINTMENT OF DIRECTORS. (a) The directors of
the district shall be appointed as provided by this section.
(b) The commissioners court of Kleberg County shall appoint
two directors, each of whom shall reside or own land within the
areas described by Section 4(a) of this Act.
(c) The governing body of the Santa Gertrudis Independent
School District shall appoint three directors, each of whom shall
reside or own land within the areas described by Sections 4(b) or
(c) of this Act.
(d) The appointing entities designated by Subsections (b)
and (c) of this section shall submit the names of the persons
appointed as directors to the district not later than January 1 of
the year in which the term of the newly appointed director begins.
SECTION 11. APPOINTMENT OF INITIAL DIRECTORS; TERMS OF
OFFICE. (a) The appropriate number of initial directors shall be
appointed by the appointing entities as provided by Sections 10(b)
and (c) of this Act not later than the 30th day after the date on
which the temporary board files with the commission the results of
the confirmation election that confirms the creation of the
district, as provided by Section 36.017(e), Water Code.
(b) The initial directors shall draw lots to determine which
three initial directors serve four-year terms and which two initial
directors serve two-year terms.
(c) The terms of office of the initial directors who draw
four-year terms end on the first January 31 following the third
anniversary of the date of the confirmation election that confirms
the creation of the district.
(d) The terms of office of the initial directors who draw
two-year terms end on the first January 31 following the first
anniversary of the date of the confirmation election that confirms
the creation of the district.
SECTION 12. CONFIRMATION ELECTION. (a) Section 41.001(a),
Election Code, does not apply to a confirmation election held as
provided by this section.
(b) Except as provided by this Act, a confirmation election
shall be conducted as provided by Sections 36.017(b)-(h), Water
Code.
(c) If the creation of the district is not confirmed at a
confirmation election held under this section, the temporary board
may call and hold additional confirmation elections. The temporary
board may call an additional confirmation election not sooner than
the 60th day after the date of a previous confirmation election. If
the creation of the district is not confirmed at a confirmation
election before the fourth anniversary of the effective date of
this Act, this Act expires on that date.
SECTION 13. DISTRICT REVENUES. (a) To pay for the
maintenance and operating costs of the district, the district may:
(1) impose an ad valorem tax at a rate not to exceed
the amount provided by Section 36.201, Water Code, if the tax is
approved by a majority of voters voting at an election in the
district held for that purpose;
(2) assess any fee authorized under Chapter 36, Water
Code;
(3) assess an export fee in an amount not to exceed the
amounts specified by Section 36.122(e) or 36.205(d), Water Code,
whichever are greater; and
(4) solicit and accept grants or secure loans from any
public or private source.
(b) The district may use any funds obtained from taxes or
fees for any purpose described by Section 36.207, Water Code, or as
otherwise authorized by general law.
SECTION 14. CONTRACTS. The district may enter into
contracts with any person or any public or private entity for any
purpose authorized by law.
SECTION 15. EMINENT DOMAIN; ENTERING PRIVATE PROPERTY.
Notwithstanding other law or another provision of this Act:
(1) the district may not exercise the power of eminent
domain; and
(2) an agent or employee of the district may not enter
private property without the permission of the landowner or the
landowner's agent except to inspect a permitted or registered well
and to ensure compliance with district rules.
SECTION 16. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
(a) The 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 under Section 59, Article XVI,
Texas Constitution, and Chapter 313, Government Code.
(b) The governor has submitted the notice and Act to the
commission.
(c) The 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.
(d) 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 17. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2003.