~~. -
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: H.A. "Buster" Baldwin
MEETING DATE: February 24, 2003
SUBJECT: (PLEASE BE SPECIFIC)
OFFICE: Commissioners' Court
TIME PREFERRED:
Consider and discuss Resolution by Kerr County Commissioners' Court in support
of proposed legislation entitled An Act relating to the consolidation of the
Headwaters Groundwater Conservation District and the Upper Guadalupe River
Authority into the Kerr County Water Authority..
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter
551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
(Commissioner Pct. # 1 /Representative Hilderbran)
FEE-?@-~©d~ E@: 1c FROhI:~'FP ~?LUEF~$Rf~hJ ~1c fib;? 1449 T0:9-80@"actc:.=~ ?, 1'9
FAX COVER SHEET
Date: February 19, 2fl03
To: Buster Baldwin 1V ax: 8301792-2218
Phone:
From: Cori Modisett Pax: 512/4b3-1449
Legislative Director
Rep. I~arvey Hilderbran Phone; 51.2/463-0536
P.O. Box 291.0
Austin, Texas 7876$
Re: Preliminary Draft
No. of Pages Including Cover Sheet: 9
Message:
FEE-?t~-2~i~3 X3:12 FRCR~1:R_P N~~C~ERBRAhI 51L 4F,3 1449 T0:9-8~©79222".B F,2'9
~.".'`~
ter' a.~ i fi 4.~~`'\
iy, ~:r ~~,yii
~~~ l
Harvey Hiiderbran
MEM6~R
~~e ?~>ex~~ ~nause of ~~~rrrs.~xc#tt#i~~~s
~ 1~,lri~t UYtu'c:
l?~Ld~mann (iriv4: State ~ie17rCCi:'ntflllVt ~ hlSrl'lC.t 53
F;rt~vil,e, ~[cxis iHJ2Ei
83i'•15?-?)i3 Fcbntary 18, 2Q03
The Honorable Buster Baldwin
Kerr County Commissioner,l'ct.
700 Main Street
Kerrville, Toxas 7802$
Dear Commissioner Bal 'n

P ~) &n: ~91p
:luatin. Texas 7F7(~ri.141Q
?1_•4C-r3.OiiP
Please find enclosed a preliminary draft of a legislative proposal regarding the management of
Kerr County's water resources. I will not file this legislation without the commissioners court
appraval of the measure.
As you know, I fanned the Kerr County Water Advisory Committee this past fall, and asked lb
citizens to study the issues relating to Kea County's water resources and to advise me on what, if
any, legislation was needed in regards to those resources. This dra$ is a product of a proposal by
one of the carnmittee members,
Again, this is a preliminary draft and changes lnay be required before we have a final draft, For
example, SECTIfJN G of the drag, which. states "a I.lir+vctar may be employed as beneral manager
of the District," would need to he deleted.
Thank you for your consideration of this measure. 1 appreciate your service to Kerr Caunty.
S
HARVE~HILDER~
State Repr Sentative
cc: David Motley, Kerr Gaunty Attorney
Rle.n~.•~+ Bun-.r., i;ill: y dr , kar ~.lal?. Ken- and Vi'ill inn,, m iln~ccl f_c~tcnrice
FEB-?0-~OFj' 00:ag F'P,OhI:REP H:LGERBRRIJ 51c ~:C i~~5 10:8~,9'~2c1^o P.. -i
TEXAS LEGISLATIVE COUNCIL
~relinir~ary Draft
By~ __.B. Na.
A BILL TO BE ER'~TSTZ„$r,
1 AN ACT
2 relating tv the consolidation of the Headwaters Groundwater
3 Conservation District and the Upper G~.:adalul:e F2i.ver Authority into
4 the Kerr County tn~ater Authority; altering the resulting entity's
5 taxing authority.
6 BE ST ENACTED BY ?HF LEGI5LATURE' OF THE STA~!'E O? TEXAS
7 SECTION 1. DISSOLUTION. The Headwaters Groundwater
S Conservation District is dissolved.
9 SECTTt7b7 2. AMEND:~!ENT. Chapter 5, page 1p62> Special Laws,
y0 Acts of the 46th Legis.iature, Regular Ses=ion, 1939, is amended by
1? amending Seoticn 1 and adding Section wA to read as follows:
12 Se~~. 1. Under and pursuant to tii~ provisions of Article 3.6,
13 Section 59 of the Constitution of Texas, a canservat~on and
14 reclamation district is hereby created ar.d established in xexr
15 County, Texas, to be known as the xerr County WateR Authority ~
15 ^"~`'t4.Pt «:~-~rs~r] hereinafter called the "District,"
1'.' whickx shall be a governaier_tal agency and a ho+1y politic and
18 corporate. Tne creation and estanlishmen: oP the Cis±rict is
.9 hereby declared to be essential to the accomplishment of the
2Q purposes of Article 16, Section 59 of the Constitution of Texas.
21 Sec. lA. A reference in this ACt or in ani= other law tc the
22 Upper Guadalupe River Authority means th~> Item County Water
23 Authority.
24 SECTION 3. AMENDMENT. Section 5, Chapter 5, page lt'iE.2,
i8R3567 ( 1.} QS 1
rEB-~-?003 GGJ: ='? FRG(1:RE:F 1-ILGERE(~Ai~
1
2
3
4
G
b
7
E
9
1G
1 ~.
°a2
13
14
15
t F,
17
is
19
20
2 :.
22
23
24
2~
26
27
`-:? 4F;3 '_449 TG: 830?9ccc_8 F'. c -i
Special Laws, Acts o= the 46th Legislature, Regular Session, 1939,
is amended to read as follows:
Sec. S. (a% The Gisfz.ict shall have and exercise, and is
hereby vested with, all or the rights, powers, privileges,
authori.ry and duties conferred and imposed by the Cenexal Laws of
this State now in force or hereafter enacted, applicable rc water
control and impro'~Jement districts created under authority of
Article 16, Section 59 of the Cor;St'_tutioni but to the extent thy;.
the provisions of arty such Genexa7. Laws msy be in corflict or
inconsistenr, with *_he provis.ions of this Act, the provisions of
this Act shall preva.l. All su..h General Laws axe hereby adopted
and incorporated by reference with the same Effect as if
incorporated in null in this Act.
(b) The T~istrict has all of the xights, powers, pri~iieges,
authority, functipns, a_^=d duties pzcvidEd by the General Laws of
this State, includ_ing Chapter 3n, Water Code, applicable to
grour_dwater conservation districts Created under Section 59
Article 16 leras Constitution.
SECTIQ}1 4. AMENDME~iT. 5ectian 8, Chapter 5, page 1062,
S~,er_~a1 Laws, Acts o£ -the 46th Legislature, Reyulax Session, 1939,
is amended to read as follows:
Sec. 8. To_pay for the maintenance and operating costs of
tiro District, the District may:
!1) impose an ad valorem tax ac a rate not to exceed
four and one-half tents iS.G45i for ear_~h One Hundred DuJ.a.ars ($100)
of taxable value of property in the Gistrict; and
(2) adogt and enforce al]. necessary charges ar:d =ees
?$83567(1} QS 2
FEB-20-2E1G3 EIEi:-+4 FP.O~'1:REP HiLGERE~Riah! S12 4E3 _449 T0:83p7922c^:8 P.3 4
1
2
3
4
5
6
7
B
9
10
lI
7.2
13
14
15
25
17
18
19
2G
21
22
23
24
25
26
27
for ~roviding_er__mak_inq availab?e any District facility or service.
SECTION 5. AMENDMENT. Secticn 9, Chapter 5, page lOb2,
Special Laws, Acts of the 46th Legislature, Regulaz Session, 1939,
is arnEnded by amendinc Subsections (al and (b) and aadi.r_g
Subsections (f)-(h) to read as follows:
(a) Ai.l powers of the District shall be exercised by a Roard
of nine {9; Directors. Directors serve staggered four-year terms.
Each D.irectcr shall serve £or the Director's [] term of office as
hereir_ provided, and thereafter until the Director's []
succRSSOr sha11 Le elected [.~pa~j and quali.ied. No person
shall be elected j:~a~~-ael) a Director unless such person is
twenty-one (21) years cf age ox over and a resiaenr_ of x:err County
and Owns lan:~ therein. Each. Director shall subV-crihe to the oath of
office and sha11 rive bond in the amount of r^i.ve Thousand Dcilars
($5,000) for the zait!~ful performance of his duties, the cost of
w?^ich shalt be borne by the District. A majority of Directors shall
constitute a quorum.
;b) DirQCters shall be elected accordir.g tc the
cammissionexs precinct rnetY,od as rovided by this section. one
Director small be elected by the voters of. the entire Listrict, and
two Directors shall be elected from. each county commissioners
Precinct by the voters of that precinct. Three Directors shat; be
elected on the first Saturday in May of each odd-nuirbcred year.
;BR3567(1) QS 3
f"EEC-2fa-c@43S GJ4J: 50 FR_~I°L REF H_LG[RBR~7J _ _2 4t~3 1449 rC~: `~~?922213 P. 4 • -;
1 ~r-- ..+ ., ., a . r {fig ~~@~Fi~-6 i~.}.C-~#--1=f3
~-e~e-~ ~ ~ e e ~~~s ' -~e~.~„~.
? ~,.~ j i -~F__....,,ti, „aa ,,.~., a res-+-~ 'ChG vOV2Yn01.'
~eaTs
3 sha11 fill a vacancy on the Board by appointment for the unexpired
4 term.,
5	ff) Sxcep	t as xovide6 by Subsection	(h) cf thi_s sect;on to
5	be eligible to be	a candidate for or to serve	as Director at large a
"T	person must lie	a registered voter in the District To br a
8	candidate for or	to serve as Director from	a count•,~ commissioners
9	precinct, a pPrsan must be a registered voter	of that precinct
1C'	ia) _A l:erson shah :,n~?ir,&te or_ the a	pplication .for a place
11 an the ballot:
12 (l) the precinct that the pezsorl seeks to represent;
13 or
14 ~;;1 treat the person seeks to represent the District at
15 large.
16 (h) WhEn the boundaries of t:~~e county comriissionera
.7 ~Lrecincts are redrawn under Sectior. l8 Article 5 Texas
18 Constitution, a Dixectox in office an the effective date of the
19 cnaage, or elected or appointed before the effeetiv~ dare of the
20 r_hange to a term of office beginning vn or after the effective date
21 of_ the cl:anc~e, shall serve the term ox the. remainder of the texm in
T_2 the precinct to which elected or appointed even though the change in
2? boundaries places t'ne parson's residence outside t:~le precinct £c~x
24 which the Aeraon was e7.ected yr appointed.
25 SECTION 6. A[~ENDMENT. f.hapter 5, page 1062, Sper_ial LaU*s,
26 Acts of i:re 46th Legislatuxe, k2egular Session, 1939, is amended by
2? adding Sections 2~3, l5, and 2F, to read as follows:

FEB-20-^c©e~ ~: __; FROI'I: RkP HILDEP.Bf3=YJ _ .c aE~ 1~~;5 TL•:5-83F~7922218 P. 7~ 9
1 Sec. 24. {a) The Board sha11 employ or contract wish a
2 person to perform suc:~ Services as aeneral managex for. the Li.strict
3 as the Board may from time to time Specify The Board may delegate
4 to the general. manaaer full authority to mara4e and operate the
5 affairs of the District subiect only to orders of the Board
6 tu) Tile Board ma delegate to the general manager the
7 authorit to em to a.11 ersons nece8sdr fur the ro er handlin
8 of the business and operation of the District and to determine the
9 compensation tv be paid all employees other than the general
1l? manaaer .
11 (c) A Director may be employed as general manaaer of the
12 District. The compensation eF a genera manager who alto sere°; as
13 a Director shall be established by the other Directors
14 Sec- 25. (a) The District shall establish one dE~artment tr,
15 manage its s^,1rfaCe water functions and one department *^ manage its
16 gzourdwater functions.
i7 tb) The _aeneral manaaer sha11 supervise both deGartments
1.8 created under this section.
19 Sec. 26. (a} The Di5triCt may contract with Kerr County fOr
20 services available from the county that directly zel~te to the
21 District's activities. A uartv tv a contract under this section may
22 etitivn the Texas Commission an Environmental ro.awzt to resolve
23 env dispute arising out of the contract
24 (b) The District may contract with ~ state agency o~ anothez
25 overnmental bcd to caxr out an function of the District.
26 SECTION 7. REPEALF.R_ The Following laws aze repealed:
27 (1} Chapter 693, Ac~cs of the 72nd Legislature, REgular
78R3567(1) QS 5
FEC'-2k~-^ct1E~3 ~-i0: _-1 Ft<.LN1:F'EP H=i.GERB~:Ht•J
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
lh
17
18
19
2U
21
22
2.3
?q
25
z6
2?
~lc^ X63 '.•+4v -U:9-8uE1,`~+22~1$ P. F ?
Session, 1991; and
(2} Section 2, Chapter 1544, Acts of the 76th
Legislature, Regular Session, 1999.
SECTSON S. B0At2D TRANSITxON. (a) The term of each person
who is serving as a 3irecLor of the Upper Guadalupe River Authority
on the effective date of this Act expires on that: date. The
Commissioners court of Kerr County shall appoint nine parsons to
serve as the tempc•axy boar3 of trse Kerr County Water Authority.
The ccmmissiaaers court may app.~int a person wk±ose tErm expires
under this Subsection to serve as a temparary director of t_he
authority.
(bl The temporary board of directors shall hold the election
for the board of direc*.ors of the Rerr County Water. Author=ty in
zscccrdance with 5ectioa 5, Chapter 5, page 1062, as"pecial Laws, Acta
cf the 46th Legislature, ;^cegular Session, 1939, as amended b}° this
Act, except that the election shall be held nn the first Saturday of
May 2Dt?4. Notwithstanding the provisions aT SeCtian S, Chapter 5,
page ].062, Special Laws, Acts of !-he 96th Legisl.atuxe, Regular
Session, 193'x, as amended by this Act, four of *_he direa:tern elected
a~ that election shall hold office fox terms expir.ir~g May 2005, and
live for terms exiiirinq I2ay 20C7. The temparary board shall
determine the term of each n£ the directurs elected in 1!ay 20C4 so
that the terms cf no tw•a members elected from the carne cammissior.ers
precinct expire in the same year.
SEC'STON 9. TRA~ISITIVN. (a) On the effective date of this
Act
(1) all the powers, duties, rights, assets, and
78R3567(1) QS
6
FEB-20-~~~.? ~~G~:1-+ FROfi:~?Ef HII_GEk~EtRHIJ
1
2
3
4
5
5
7
8
9
1D
11
12
13
19
15
I6
l7
18
19
2D
l1
22
23
24
25
26
27
512 »6~ .=~49 "p:9-r3~?a222:f3 F'. 5. 9
ob:.igations of the Headwa~.ers Groundwater Ccnse~~vation District
become the powers, duties, rights, assets, anu obligata_oris of she
EeYZ t'ounty Water authority; and
(2) all recoxds, supplies, and other property relating
to tha administration of the Headwaters Groundwater Conservation
District shall be transferred to the Kerr County Water Authorit~~.
(b) Un complexion of the transfer under subsection ;a)(2),
the district is dissolved.
SECTION 10. FINDINGS RELATED TO PRQCEDiJRA7
REQUIREMENTS. (a.1 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 dopy of this Act
have been furnished to ai_1 persons, agencies, officials, or
entitica to which they are required to be fur r.i_shed under section
59, Article XVT, Texas Constitution, and Chapter 313, Got~errment
Code_
;b) Tre governor has submitted the nat~.ce and ACt to the
commission.
!c) The coat-nission nos filed its recommenda~ians relating
to this Act w~_th the governor, lieutenant aoaernoz, and speaker of
the house of representatives within the requited tide.
(d) All requirements of the constitution am laws of this
state and the rules and procedures of the legislaturE with re_=F''-cr
to the notice, ir.trnductiurz, and passage of this Act ate £u'f.illed
and accomplished.
SECTIQ!ti 11. EFFECTIVE DATE. This Act rakes effect
September 1, ?003.
'78R35E7 t I) QS r