81C362(3) TAD

 

CHAPTER 8846.  KINNEY COUNTY GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 8846.001.  DEFINITIONS ...............................  2

Sec. 8846.002.  NATURE OF DISTRICT ........................  2

Sec. 8846.003.  FINDINGS OF PUBLIC USE AND BENEFIT ........  3

Sec. 8846.004.  DISTRICT TERRITORY ........................  3

Sec. 8846.005.  DISTRICT NAME CHANGE ......................  4

Sec. 8846.006.  CONTRACTS FOR ELECTION SERVICES ...........  4

[Sections 8846.007-8846.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Sec. 8846.051.  COMPOSITION OF BOARD; TERMS ...............  5

Sec. 8846.052.  ELECTION OF DIRECTORS .....................  7

Sec. 8846.053.  ELECTION DATE .............................  8

Sec. 8846.054.  ELIGIBILITY ...............................  9

Sec. 8846.055.  BOARD VACANCY .............................  9

Sec. 8846.056.  COMPENSATION; EXPENSES .................... 10

[Sections 8846.057-8846.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 8846.101.  GROUNDWATER CONSERVATION DISTRICT

                  POWERS AND DUTIES ....................... 12

[Sections 8846.102-8846.150 reserved for expansion]

SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS

Sec. 8846.151.  TAXES ..................................... 13

Sec. 8846.152.  FEES ...................................... 13

CHAPTER 8846.  KINNEY COUNTY GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Revised Law

Sec. 8846.001.  DEFINITIONS.  In this chapter:

(1)  "Board" means the district's board of directors.

(2)  "Commissioners court" means the Kinney County Commissioners Court.

(3)  "Director" means a board member.

(4)  "District" means the Kinney County Groundwater Conservation District.  (Acts 77th Leg., R.S., Ch. 1344, Sec. 2; New.)

Source Law

Sec. 2.  In this Act:

(1)  "Commissioners court" means the Commissioners Court of Kinney County.

(2)  "District" means the Kinney County Groundwater Conservation District.

Revisor's Note

The definitions of "board" and "director" are added to the revised law for drafting convenience and to eliminate frequent, unnecessary repetition of the substance of the definitions.

Revised Law

Sec. 8846.002.  NATURE OF DISTRICT.  The district is a groundwater conservation district in Kinney County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.  (Acts 77th Leg., R.S., Ch. 1344, Secs. 1(a) (part), (b).)

Source Law

Sec. 1.  (a)  A groundwater conservation district, to be known as the Kinney County Groundwater Conservation District, is created in Kinney County, … .

(b)  The district is created under and is essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

Revisor's Note

(1)  Section 1(a), Chapter 1344, Acts of the 77th Legislature, Regular Session, 2001, refers to a confirmation election.  Because the confirmation election has already been held, the revised law omits the provision as executed.  The omitted law reads:

(a)  … subject to approval at a confirmation election under Section 9 of this Act. …

(2)  Section 1(a), Chapter 1344, Acts of the 77th Legislature, Regular Session, 2001, provides that the district is a governmental agency and a body politic and corporate.  The revised law omits the provision because it duplicates a portion of Section 59(b), Article XVI, Texas Constitution, which provides that a conservation and reclamation district is a governmental agency and a body politic and corporate.  The omitted law reads:

(a)  … The district is a governmental agency and a body politic and corporate.

Revised Law

Sec. 8846.003.  FINDINGS OF PUBLIC USE AND BENEFIT.  (a)  The district is created to serve a public use and benefit.

(b)  All land and other property included in the district will benefit from the works and projects accomplished by the district under the powers conferred by Section 59, Article XVI, Texas Constitution.  (Acts 77th Leg., R.S., Ch. 1344, Sec. 4.)

Source Law

Sec. 4.  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.  The district is created to serve a public use and benefit.

Revised Law

Sec. 8846.004.  DISTRICT TERRITORY.  The district's boundaries are coextensive with the boundaries of Kinney County, Texas, unless the district's territory has been modified under:

(1)  Subchapter J, Chapter 36, Water Code; or

(2)  other law.  (Acts 77th Leg., R.S., Ch. 1344, Sec. 3; New.)

Source Law

Sec 3.  The boundaries of the district are coextensive with the boundaries of Kinney County, Texas.

Revisor's Note

The revision of the law governing the district revises the statutory language describing the territory of the district.  Because the district's boundaries are subject to change, that description may not be accurate on the effective date of the revision or at the time of a later reading.  For the reader's convenience, the revised law includes a reference to the authority to change the district's territory under Subchapter J, Chapter 36, Water Code, applicable to groundwater conservation districts, and to the general authority of the legislature to enact other laws to change the district's territory.

Revised Law

Sec. 8846.005.  DISTRICT NAME CHANGE.  The board may change the district's name when the district annexes territory.  (Acts 77th Leg., R.S., Ch. 1344, Sec. 12.)

Source Law

Sec. 12.  The board of directors may change the district's name when the district annexes territory.

Revised Law

Sec. 8846.006.  CONTRACTS FOR ELECTION SERVICES.  The district shall contract with the county clerk of Kinney County to conduct the district's elections.  (Acts 77th Leg., R.S., Ch. 1344, Sec. 9(b) (part).)

Source Law

(b)  The district shall contract with the county clerk of Kinney County to conduct … future elections of the district.

Revisor's Note

(End of Subchapter)

(1)  Section 5(a), Chapter 1344, Acts of the 77th Legislature, Regular Session, 2001, provides that the act prevails over general law in case of a conflict or other inconsistency.  The revised law omits the provision because it duplicates Section 311.026, Government Code (Code Construction Act).  The omitted law reads:

(a)  … This Act prevails over any provision of general law that is in conflict or inconsistent with this Act.

(2)  Section 9, Chapter 1344, Acts of the 77th Legislature, Regular Session, 2001, provides procedures for holding an election to confirm the district's creation and to elect the district's initial board.  Because the district has been confirmed and its initial directors have been elected, the revised law omits those provisions as executed.  The omitted law reads:

Sec. 9.  (a)  The temporary board of directors shall call and hold an election to confirm establishment of the district and to elect initial directors.

(b)  [The district shall contract with the county clerk of Kinney County to conduct] the confirmation and initial directors' election and … .

(c)  At the confirmation and initial directors' election, the temporary board of directors shall have placed on the ballot the name of any candidate for an initial director's position and blank spaces to write in the names of other persons.  A temporary director who is eligible to be a candidate under Section 8 of this Act may file for an initial director's position.

(d)  Section 41.001(a), Election Code, does not apply to a confirmation and initial directors' election held as provided by this section.

(e)  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.

[Sections 8846.007-8846.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Revised Law

Sec. 8846.051.  COMPOSITION OF BOARD; TERMS.  (a)  The district is governed by a board of seven directors.

(b)  Directors serve staggered four-year terms.

(c)  A director may serve consecutive terms.  (Acts 77th Leg., R.S., Ch. 1344, Secs. 6(a), (d), (g).)

Source Law

Sec. 6.  (a)  The district is governed by a board of seven directors.

(d)  Permanent directors serve staggered four-year terms.

(g)  Directors may serve consecutive terms.

Revisor's Note

(1)  Section 6(d), Chapter 1344, Acts of the 77th Legislature, Regular Session, 2001, refers to "[p]ermanent" directors.  Sections 6, 7, and 9 of Chapter 1344 refer to "temporary," "initial," and "permanent" directors to distinguish between the "temporary" directors appointed by the Kinney County Commissioners Court, the directors who immediately succeeded the "temporary" directors after the first election of directors, and subsequently serving directors. Because the revised law omits provisions regarding "temporary" and "initial" directors as executed (see the revisor's notes at the end of this subchapter), the revised law also omits "permanent" because it does not add to the clear meaning of the law.

(2)  Section 6(e), Chapter 1344, Acts of the 77th Legislature, Regular Session, 2001, provides that a director must qualify to serve in the manner provided by Section 36.055, Water Code.  The revised law omits the provision because Section 36.055, Water Code, applies to the district under Section 8846.101 of this chapter and Section 36.001(1), Water Code.  The omitted law reads:

(e)  Each director must qualify to serve as director in the manner provided by Section 36.055, Water Code.

(3)  Section 6(f), Chapter 1344, Acts of the 77th Legislature, Regular Session, 2001, provides that a director serves until a successor has qualified.  The revised law omits the provision because it duplicates Section 17, Article XVI, Texas Constitution, which provides that an officer in this state continues to perform the officer's official duties until a successor has qualified.  The omitted law reads:

(f)  A director serves until the director's successor has qualified.

Revised Law

Sec. 8846.052.  ELECTION OF DIRECTORS.  (a)  Directors are elected according to the method provided by this section.

(b)  Three at-large directors are elected by the voters of the entire district.  One director is elected from each county commissioners precinct by the voters of that precinct.

(c)  A person shall indicate on the application for a place on the ballot the position on the board for which the person is a candidate.

(d)  At the first election after the county commissioners precincts are redrawn under Section 18, Article V, Texas Constitution, each director in office on the effective date of the change, or elected to a term of office beginning on or after the effective date of the change, shall serve, unless otherwise removed as provided by law, in the position to which each was elected for the entire term to which elected, even though the change in boundaries places the director's residence outside the precinct from which the director was elected.  (Acts 77th Leg., R.S., Ch. 1344, Secs. 8(a), (b), (e), (f).)

Source Law

Sec. 8.  (a)  The directors of the district shall be elected according to the method provided by this section.

(b)  Three at-large directors shall be elected by the voters of the entire district, and one director shall be elected from each county commissioner precinct by the voters of that precinct.

(e)  A person shall indicate on the application for a place on the ballot the position on the board for which the person is a candidate.

(f)  At the first election after the county commissioners precincts are redrawn under Section 18, Article V, Texas Constitution, each director in office on the effective date of the change, or elected to a term of office beginning on or after the effective date of the change, shall serve, unless otherwise removed as provided by law, in the position to which each was elected for the entire term to which elected, even though the change in boundaries places the director's residence outside the precinct from which the director was elected.

Revised Law

Sec. 8846.053.  ELECTION DATE.  On the first Tuesday after the first Monday in November of each even-numbered year, the appropriate number of directors shall be elected.  (Acts 77th Leg., R.S., Ch. 1344, Sec. 10(b).)

Source Law

(b)  On the first Tuesday after the first Monday in November of each subsequent second year following the election, the appropriate number of directors shall be elected.

Revisor's Note

(1)  Section 10(a), Chapter 1344, Acts of the 77th Legislature, Regular Session, 2001, prescribes the election date for the first directors' election following the confirmation election.  Because the district has been confirmed and its first permanent directors elected, the revised law omits that provision as executed.  The omitted law reads:

Sec. 10.  (a)  On the first Tuesday after the first Monday in November 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 four directors to serve four-year terms and three directors to serve two-year terms.

(2)  Section 10(b), Chapter 1344, Acts of the 77th Legislature, Regular Session, 2001, requires directors' elections to be held on the first Tuesday after the first Monday in November "of each subsequent second year following the election," meaning the first election of permanent directors.  (See Revisor's Note (1) to this section.)  The revised law substitutes "of each even-numbered year" for "of each subsequent second year following the election" because the first election of permanent directors was held in November 2004, an even-numbered year.  As a result, subsequent directors' elections will be held in even-numbered years.

Revised Law

Sec. 8846.054.  ELIGIBILITY.  (a)  To be eligible to be a candidate for or to serve as a director at large, a person must be a registered voter in the district and:

(1)  for position one, reside in the district;

(2)  for position two, reside in the city of Brackettville; and

(3)  for position three, reside in the Fort Clark Springs Municipal Utility District.

(b)  To be eligible to be a candidate for or to serve as a director from a county commissioners precinct, a person must:

(1)  be a registered voter of that precinct; and

(2)  reside in a rural area of that precinct.  (Acts 77th Leg., R.S., Ch. 1344, Secs. 8(c), (d).)

Source Law

(c)  To be eligible to be a candidate for or to serve as a director from a county commissioner precinct, a person must be a registered voter of and reside in a rural area of that precinct.

(d)  To be eligible to be a candidate for or to serve as a director at-large, a person must be a registered voter in the district and:

(1)  for position one, reside in the district;

(2)  for position two, reside in the city of Brackettville; and

(3)  for position three, reside in the Fort Clark Springs Municipal Utility District.

Revised Law

Sec. 8846.055.  BOARD VACANCY.  (a)  The commissioners court shall appoint a replacement to fill a vacancy in the office of director.

(b)  The appointed replacement serves until the next directors' election.

(c)  At that election, a person is elected to fill the position. If the position is not scheduled to be filled at the election, the person elected to fill the position serves only for the remainder of the unexpired term.  (Acts 77th Leg., R.S., Ch. 1344, Sec. 6(i).)

Source Law

(i)  If a vacancy occurs on the board, the commissioners court shall appoint a director to serve until the next election for directors.  At the next election for directors, a person shall be elected to fill the position.  If the position is not scheduled to be filled at the election, the person elected to fill the position shall serve only for the remainder of the unexpired term.

Revised Law

Sec. 8846.056.  COMPENSATION; EXPENSES.  (a)  A director may not receive compensation for performing duties as a director.

(b)  A director shall be reimbursed for actual reasonable expenses incurred in performing duties as a director. (Acts 77th Leg., R.S., Ch. 1344, Sec. 6(h).)

Source Law

(h)  A director may not receive compensation but shall be reimbursed for actual reasonable expenses incurred by the director in performing duties as a director of the district.

Revisor's Note

(End of Subchapter)

(1)  Sections 6(b) and (c), Chapter 1344, Acts of the 77th Legislature, Regular Session, 2001, refer to "temporary" and "initial" directors of the district and to elections under Sections 9 and 10 of that chapter.  The revised law omits Sections 6(b) and (c) as executed because the terms of the temporary and initial directors have expired and the initial election for permanent directors has been held.  The omitted law reads:

(b)  Temporary directors serve until initial directors are elected under Section 9 of this Act.

(c)  Initial directors serve until permanent directors are elected under Section 10 of this Act.

(2)  Section 7, Chapter 1344, Acts of the 77th Legislature, Regular Session, 2001, provides for the appointment of temporary directors and for filling vacancies on the temporary board.  Because the temporary directors were appointed and the terms of the temporary directors have expired, the revised law omits those provisions as executed.  The omitted law reads:

Sec. 7.  (a)  In this section, "agricultural director" means a person who owns or leases land in the district that has a current agricultural use designation under Chapter 23, Tax Code.

(b)  The commissioners court shall receive a list of potential temporary directors of the district recommended:

(1)  for position one, by the commissioners court;

(2)  for position two, by the Brackettville City Council;

(3)  for position three, by the directors of the Fort Clark Springs Municipal Utility District; and

(4)  for positions four through seven, by the directors of the West Nueces-Las Moras Soil & Water Conservation District #236.

(c)  The commissioners court shall appoint temporary directors and may consider the list compiled in Subsection (b) of this section, as follows:

(1)  for position one, an at-large, agricultural director who is a resident of the district;

(2)  for position two, an at-large director who is a resident of Brackettville;

(3)  for position three, an at-large director who is a resident of the Fort Clark Springs Municipal Utility District; and

(4)  for positions four through seven, one director from each county commissioner precinct who resides in a rural area of that precinct.

(d)  If a temporary director fails to qualify for office, the commissioners court shall appoint a person to fill the vacancy.

[Sections 8846.057-8846.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Revised Law

Sec. 8846.101.  GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES.  The district has the rights, powers, privileges, 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.  (Acts 77th Leg., R.S., Ch. 1344, Sec. 5(a) (part).)

Source Law

Sec. 5.  (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. …

Revisor's Note

Section 5(a), Chapter 1344, Acts of the 77th Legislature, Regular Session, 2001, refers to the "rights, powers, privileges, [and] authority" of the district. The revised law omits the reference to "authority" because, in context, "authority" is included in the meaning of "rights, powers, [and] privileges."

Revisor's Note

(End of Subchapter)

Section 5(b), Chapter 1344, Acts of the 77th Legislature, Regular Session, 2001, provides that the district may exercise the power of eminent domain as authorized by Section 36.105, Water Code.  The revised law omits the provision because Section 36.105, Water Code, applies to the district under Section 8846.101 of this chapter and Section 36.001(1), Water Code.  The omitted law reads:

(b)  The district may exercise the power of eminent domain as authorized by Section 36.105, Water Code.

[Sections 8846.102-8846.150 reserved for expansion]

SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS

Revised Law

Sec. 8846.151.  TAXES.  To pay the district's maintenance and operating expenses, each year the district may impose an ad valorem tax at a rate not to exceed 10 cents for each $100 of assessed valuation if a majority of the voters:

(1)  approved the authority to impose the tax at the confirmation election; or

(2)  approve that authority at a separate election called for that purpose by the board.  (Acts 77th Leg., R.S., Ch. 1344, Sec. 11(a).)

Source Law

Sec. 11.  (a)  The district may levy a property tax each year to pay the maintenance and operating expenses of the district at a rate not to exceed 10 cents on each $100 of assessed valuation if the authority to impose property taxes under this Act is approved by a majority of the voters voting on that question at a confirmation election under Section 9 of this Act or at a separate election called for that purpose by the board of directors.

Revisor's Note

Section 11(a), Chapter 1344, Acts of the 77th Legislature, Regular Session, 2001, refers to the district's authority to "levy a property tax."  The revised law substitutes "impose" for "levy" because "impose" is the term generally used in Title 1, Tax Code, and includes the levying of a tax.  The revised law also substitutes "ad valorem tax" for "property tax" because "ad valorem" is the term most commonly used to refer to a property tax.

Revised Law

Sec. 8846.152.  FEES.  The district may:

(1)  impose a fee on water exported from the district; and

(2)  assess other fees as authorized by Chapter 36, Water Code.  (Acts 77th Leg., R.S., Ch. 1344, Secs. 11(b), (c).)

Source Law

(b)  The district may impose a fee on water exported out of the district.

(c)  The district may assess other fees as authorized by Chapter 36, Water Code.

Revisor's Note

(End of Chapter)

(1)  Section 13, Chapter 1344, Acts of the 77th Legislature, Regular Session, 2001, recites legislative findings regarding procedural requirements for the creation of the district under the constitution and other laws and rules, including proper legal notice and the filing of recommendations.  The revised law omits these provisions as executed.  The omitted law reads:

Sec. 13.  (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.

(2)  Section 14(b), Chapter 1344, Acts of the 77th Legislature, Regular Session, 2001, contains transition language regarding the expiration of the act if the district is not confirmed at a confirmation election before a certain date.  The revised law omits the provision as executed because the district was confirmed within the required period.  The omitted law reads:

(b)  If the creation of the district is not confirmed at a confirmation election held under Section 9 of this Act before September 1, 2003, this Act expires on that date.