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79S10460 QS-D
By: Escobar H.B. No. 91
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Kleberg County Groundwater
Conservation District; providing authority to impose a tax and
issue bonds and granting the power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle H, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8816 to read as follows:
CHAPTER 8816. KLEBERG COUNTY GROUNDWATER
CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8816.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Kleberg County Groundwater
Conservation District.
Sec. 8816.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Kleberg County created under
and essential to accomplish the purposes of Section 59, Article
XVI, Texas Constitution.
Sec. 8816.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held before November 1, 2007:
(1) the district is dissolved on November 1, 2007,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Kleberg County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) this chapter expires on September 1, 2010.
Sec. 8816.004. INITIAL DISTRICT TERRITORY. The district is
initially composed of the territory described by Section 2 of the
Act creating this chapter.
Sec. 8816.005. APPLICABILITY OF OTHER GROUNDWATER
CONSERVATION DISTRICT LAW. Except as otherwise provided by this
chapter, Chapter 36, Water Code, applies to the district.
[Sections 8816.006-8816.020 reserved for expansion]
SUBCHAPTER A-1. TEMPORARY PROVISIONS
Sec. 8816.021. TEMPORARY DIRECTORS. (a) Not later than
November 11, 2005, the Kleberg County Commissioners Court shall
appoint five temporary directors.
(b) To be eligible to serve as a temporary director, a
person must reside in the district and be at least 18 years of age.
(c) If there is a vacancy on the temporary board of
directors of the district, the remaining temporary directors shall
select a qualified person to fill the vacancy. If, at any time,
there are fewer than three qualified temporary directors, the
Kleberg County Commissioners Court shall appoint the necessary
number of persons to fill all vacancies on the board.
(d) Temporary directors serve until the earlier of:
(1) the time the temporary directors become initial
directors as provided by Section 8816.023; or
(2) the date this chapter expires under Section
8816.003.
Sec. 8816.022. CONFIRMATION ELECTION. (a) The temporary
board shall hold an election to confirm the creation of the
district.
(b) Section 41.001(a), Election Code, does not apply to a
confirmation election held as provided by this section.
(c) Except as provided by this section, a confirmation
election must be conducted as provided by Sections 36.017(b)-(i),
Water Code, and the Election Code. The provision of Section
36.017(d), Water Code, relating to the election of permanent
directors does not apply to a confirmation election under this
section.
Sec. 8816.023. INITIAL DIRECTORS. (a) If creation of the
district is confirmed at an election held under Section 8816.022,
the temporary directors of the district become the initial
directors of the district and serve on the board of directors until
permanent directors are elected under Section 8816.024.
(b) The directors shall draw lots to determine which two
directors serve until the first regularly scheduled election of
directors under Section 8816.024 and which three directors serve
until the second regularly scheduled election of directors.
Sec. 8816.024. INITIAL ELECTION OF PERMANENT DIRECTORS. On
the uniform election date prescribed by Section 41.001, Election
Code, in May of the first even-numbered year after the year in which
the creation of the district is confirmed at an election held under
Section 8816.022, an election shall be held in the district for the
election of two directors to replace the initial directors who,
under Section 8816.023(b), serve until that election.
Sec. 8816.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
[Sections 8816.026-8816.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8816.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Sec. 8816.052. METHOD OF ELECTING DIRECTORS: SINGLE-MEMBER
DISTRICTS. (a) The directors of the district shall be elected
according to the single-member district method as provided by this
section.
(b) The district shall be divided into four numbered
single-member districts.
(c) One director shall be elected by the voters of the
entire district, and one director shall be elected from each
single-member district by the voters of that district.
(d) To be eligible to be a candidate for or to serve as
director at large, a person must be a registered voter in the
district. Except as provided by Subsection (f), to be a candidate
for or to serve as director from a single-member district, a person
must be a registered voter in the single-member district that the
person represents or seeks to represent.
(e) A person shall indicate on the application for a place
on the ballot:
(1) the single-member district that the person seeks
to represent; or
(2) that the person seeks to represent the district at
large.
(f) The board may revise the single-member districts as
necessary or appropriate. The board shall revise the single-member
districts after each federal decennial census to reflect population
changes. When the boundaries of the single-member districts are
changed, a director in office on the effective date of the change,
or elected or appointed before the effective date of the change to a
term of office beginning on or after the effective date of the
change, is entitled to serve the term or remainder of the term in
the single-member district to which elected or appointed even
though the change in boundaries places the person's residence
outside the single-member district for which the person was elected
or appointed.
Sec. 8816.053. ELECTION DATE. The district shall hold an
election to elect the appropriate number of directors on the
uniform election date prescribed by Section 41.001, Election Code,
in May of each even-numbered year.
[Sections 8816.054-8816.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8816.101. AQUIFER STORAGE AND RECOVERY PROJECTS. In
addition to the powers provided by Chapter 36, Water Code, the
district may implement and develop aquifer storage and recovery
projects.
[Sections 8816.102-8816.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8816.151. MAINTENANCE AND OPERATION TAX. (a) The
board may impose a tax to pay the maintenance and operating expenses
of the district at a rate not to exceed 10 cents on each $100 of
assessed valuation.
(b) The board may not impose the tax until the tax is
approved by a vote of the majority of the voters in the district
voting at an election held for that purpose.
SECTION 2. The Kleberg County Groundwater Conservation
District initially includes all the territory contained in the
following area:
1. All of the Rincon de Santa Gertrudis Grant, Juan
Mindiola, Original Grantee, Abstract 192, Kleberg County, Texas,
Less & Except:
(a) 1,071.19 acres, more or less, being all of said
Grant lying North of Kleberg Town and Improvement Company
Subdivision and out of a 30,439.23 acre tract conveyed to Alice
Gertrudis Kleberg, by Deed dated October 28, 1918 and recorded in
Volume 9, Page 527, Deed Records, Kleberg County, Texas.
(b) 208.00 acres, more or less, being part of Farm Lots
1,2,3,4,5,6 & 7, Block 4, Kleberg Town and Improvement Company
Subdivision as described in Oil, Gas and Mineral Lease dated
September 26, 1933 between Caesar Kleberg, et al, as lessors and
Humble Oil & Refining Company, as lessee, and recorded in Volume 37,
Page 183, Deed Records, Kleberg County, Texas.
(c) 3.60 acres, more of less, being part of Farm Lot 1,
Block 5, Kleberg Town and Improvement Company Subdivision as
described in Oil, Gas and Mineral Lease dated September 26, 1933
between Caesar Kleberg, et al, as lessors and Humble Oil & Refining
Company, as lessee, and recorded in Volume 37, Page 183, Deed
Records, Kleberg County, Texas.
(d) 23.40 acres, more of less, being part of Farm Lot
5, Block 5, Kleberg Town and Improvement Company Subdivision as
described in Oil, Gas and Mineral Lease dated September 26, 1933
between Caesar Kleberg, et al, as lessors and Humble Oil & Refining
Company, as lessee, and recorded in Volume 37, Page 183, Deed
Records, Kleberg County, Texas.
(e) 74.62 acres, more of less, being all of Farm Lots
12 and 13, Block 9, Kleberg Town and Improvement Company
Subdivision 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 recorded in Volume
183, Page 524, Deed Records, Kleberg County, Texas.
(f) 23.83 acres, more of less, being part of Farm Lot
1, Block 12, Kleberg Town and Improvement Company Subdivision as
described in Oil, Gas and Mineral Lease dated September 26, 1933
between Caesar Kleberg, et al, as lessors and Humble Oil & Refining
Company, as lessee, and recorded in Volume 37, Page 183, Deed
Records, Kleberg County, Texas.
(g) 111.53 acres, more or less, being part of Farm Lots
4,5 & 6, Block 19, Kleberg Town and Improvement Company Subdivision
as described in Oil, Gas and Mineral Lease dated September 26, 1933
between Caesar Kleberg, et al, as lessors and Humble Oil & Refining
Company, as lessee, and recorded in Volume 37, Page 183, Deed
Records, Kleberg County, Texas.
2. All of the Santa Gertrudis Grant, Miguel Gutierrez,
Original Grantee, Abstract 118, Kleberg County, Texas, Less &
Except:
(a) 1,385 acres, being that portion of the M.
Gutierrez Survey lying North of King Addition No. 3 and lying South
of the 30,439 acre tract conveyed by Mrs. H. M. King to Alice G.K.
Kleberg as described in Oil, Gas and Mineral Lease dated September
26, 1933 between Caesar Kleberg, et al, as lessors and Humble Oil &
Refining Company, as lessee, and recorded in Volume 37, Page 183,
Deed Records, Kleberg County, Texas.
3. All of the Miguel Tejerina Survey No. 23, Abstract 228,
Kleberg County, Texas, Less & Except:
(a) 320 acres, more or less, as described in Oil, Gas
and Mineral Lease dated September 26, 1933 between Caesar Kleberg,
et al, as lessors and Humble Oil & Refining Company, as lessee,
recorded in Volume 37, Page 183, Deed Records, Kleberg County,
Texas and that portion of said Survey lying in King Addition No. 3.
4. All of King Addition Number 3 according to the map or plat
of said addition as said map or plat appears in Volume 1, Pages
28-29 of the Map Records of Kleberg County, Texas, Less & Except:
(a) All of Section One (1) of King Addition No. 3.
(b) All of Section Four (4) of King Addition No. 3.
(c) 483.6 acres, more or less, out of Section Five (5)
of King Addition No. 3, being the same land described as Tract 5 in a
deed from Robert J. Kleberg & Company to King Ranch, Inc., dated
September 1, 1950, recorded in Volume 87, Page 582, Deed Records,
Kleberg County, Texas.
(d) All of the South one-half (S1/2) of Section
Sixteen (16) of King Addition No. 3.
(e) All of the South one-half (S1/2) of the South East
Quarter (SE1/4) of Section Seventeen (17) of King Addition No. 3.
5. A small strip of land in the Southeast corner of the Juan
Jose Berban Survey No. 601, Abstract 15, Kleberg County, Texas,
lying in King Addition No. 3 as described in Oil, Gas and Mineral
Lease dated September 26, 1933 between Caesar Kleberg, et al, as
lessors and Humble Oil & Refining Company, as lessee, and recorded
in Volume 37, Page 183, Deed Records, Kleberg County, Texas.
6. A small strip of land, adjoining Tract 6 hereinabove, off
the east side of the Charlotte Breeding Survey No. 289, Abstract 19,
Kleberg County, Texas, lying in King Addition No. 3 as described in
Oil, Gas and Mineral Lease dated September 26, 1933 between Caesar
Kleberg, et al, as lessors and Humble Oil & Refining Company, as
lessee, and recorded in Volume 37, Page 183, Deed Records, Kleberg
County, Texas.
7. All of the Pasadizo Grant, Antonio Gutierrez, Original
Grantee, Abstract 119, Kleberg County, Texas, Less & Except:
(a) 3,500 acres, lying south of and adjoining King
Addition No. 3 as described in Oil, Gas and Mineral Lease dated
September 26, 1933 between Caesar Kleberg, et al, as lessors and
Humble Oil & Refining Company, as lessee, and recorded in Volume 37,
Page 183, Deed Records, Kleberg County, Texas.
8. All of the Rincon Del Grullo Grant, L. L. De La Garza
Hrs., Original Grantee, Abstract 101, Kleberg County, Texas, Less &
Except:
(a) 835 acres, lying east of the H.M. King Survey No.
401, Abstract 146 and lying west of St. Louis, Brownsville and
Mexico Railroad Company Right-of-Way and as described in Oil, Gas
and Mineral Lease dated September 26, 1933 between Caesar Kleberg,
et al, as lessors and Humble Oil & Refining Company, as lessee, and
recorded in Volume 37, Page 183, Deed Records, Kleberg County,
Texas.
9. Mrs. Henrietta M. Kings Second Subdivision of Riviera
Farm Lands according to the map or plat of said addition as said map
or plat appears in Volume 1, Page 1 of the Map Records of Kleberg
County, Texas, Less & Except:
(a) All Sections 49 to 56 of Mrs. Henrietta M. Kings
Second Subdivision of Riviera Farm Lands.
10. All of the Rincon De La Boveda Grant, Gabriel Trevino,
Original Grantee, Abstract 232, Kleberg County, Texas, Less &
Except:
(a) That portion in the southwest corner of said Grant
lying west of St. Louis, Brownsville and Mexico Railroad Company
Right-of-Way.
SECTION 3. (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
Texas Commission on Environmental Quality.
(c) The Texas Commission on Environmental Quality 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 4. This Act takes effect November 1, 2005.