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.