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TEXAS STATUTES AND CODES

CHAPTER 8846. KINNEY COUNTY GROUNDWATER CONSERVATION DISTRICT

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8846. KINNEY COUNTY GROUNDWATER CONSERVATION DISTRICT

Text of effective on April 01, 2011

SUBCHAPTER A. GENERAL PROVISIONS

Text of section effective on April 01, 2011

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8846.005. DISTRICT NAME CHANGE. The board may change the

district's name when the district annexes territory.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8846.006. CONTRACTS FOR ELECTION SERVICES. The district

shall contract with the county clerk of Kinney County to conduct

the district's elections.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

SUBCHAPTER B. BOARD OF DIRECTORS

Text of section effective on April 01, 2011

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

SUBCHAPTER C. POWERS AND DUTIES

Text of section effective on April 01, 2011

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Text of section effective on April 01, 2011

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

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