reglab/statecodes huggingface dataset:
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8877 - Clearwater Underground Water Conservation District › Subchapter A. General Provisions › Section 8877.002. Nature of District

Sec. 8877.002.  NATURE OF DISTRICT.  The district is a groundwater conservation district in Bell County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8877 - Clearwater Underground Water Conservation District › Subchapter A. General Provisions › Section 8877.003. Findings of Public Use and Benefit

Sec. 8877.003.  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 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8877 - Clearwater Underground Water Conservation District › Subchapter A. General Provisions › Section 8877.004. District Territory

Sec. 8877.004.  DISTRICT TERRITORY.  The district includes the territory located in Bell County unless the district's territory has been modified under:
(1)  Subchapter J or K, Chapter 36, Water Code; or
(2)  other law.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8877 - Clearwater Underground Water Conservation District › Subchapter A. General Provisions › Section 8877.005. Conflicts of Law

Sec. 8877.005.  CONFLICTS OF LAW.  This chapter prevails over any provision of general law that is in conflict or inconsistent with this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8877 - Clearwater Underground Water Conservation District › Subchapter B. Board of Directors › Section 8877.051. Composition of Board; Terms

Sec. 8877.051.  COMPOSITION OF BOARD; TERMS. (a) The district is governed by a board of five elected directors.
(b)  Except as provided by Section 8877.052(d), directors serve staggered four-year terms.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8877 - Clearwater Underground Water Conservation District › Subchapter B. Board of Directors › Section 8877.052. Election of Directors

Sec. 8877.052.  ELECTION OF DIRECTORS.  (a) Directors are elected according to the commissioners precinct method as provided by this section.
(b)  One director is 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:
(1)  the precinct that the person seeks to represent; or
(2)  that the person seeks to represent the district at large.
(d)  At the first election after the county commissioners precincts are redrawn under Section 18, Article V, Texas Constitution, four new directors shall be elected to represent the newly redrawn precincts. The directors from precincts one and three shall be elected for two-year terms. The directors from precincts two and four shall be elected for four-year terms. When the directors elected from the new precincts take office, the terms of the directors elected from the previous precincts expire.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8877 - Clearwater Underground Water Conservation District › Subchapter B. Board of Directors › Section 8877.053. Election Date

Sec. 8877.053.  ELECTION DATE.  The district shall hold an election to elect the appropriate number of directors on the uniform election date in November of each even-numbered year.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8877 - Clearwater Underground Water Conservation District › Subchapter B. Board of Directors › Section 8877.054. Qualifications for Office

Sec. 8877.054.  QUALIFICATIONS FOR OFFICE.  (a)  To be qualified to be a candidate for or to serve as director at large, a person must be a registered voter in the district.
(b)  To be a candidate for or to serve as director from a county commissioners precinct, a person must be a registered voter of that precinct.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8877 - Clearwater Underground Water Conservation District › Subchapter C. Powers and Duties › Section 8877.101. General Powers and Duties

Sec. 8877.101.  GENERAL POWERS AND DUTIES.  The district has all of 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 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8877 - Clearwater Underground Water Conservation District › Subchapter D. General Financial Provisions › Section 8877.151. Maintenance and Operation Tax

Sec. 8877.151.  MAINTENANCE AND OPERATION TAX.  (a) Except as provided by Subsection (b), the district may impose an ad valorem tax at a rate not to exceed five cents on each $100 of valuation of property in the district to pay for the maintenance and operation of the district on approval of a majority of the voters of the district at an election held for that purpose.
(b)  The board may increase the maximum amount of ad valorem taxes that may be imposed in the district:
(1)  if the board determines that the maximum tax authorized by Subsection (a) is not sufficient to pay the maintenance and operating expenses of the district; and
(2)  on approval of a majority of the voters of the district voting at an election held for that purpose.
(c)  The maximum amount of taxes that may be authorized under this section may not exceed 25 cents on each $100 of valuation of property in the district.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8878 - West Fort Bend Water Authority › Subchapter A. General Provisions › Section 8878.001. Definitions

Sec. 8878.001.  DEFINITIONS.  In this chapter:
(1)  "Authority" means the West Fort Bend Water Authority.
(2)  "Board" means the board of directors of the authority.
(3)  "Commission" means the Texas Commission on Environmental Quality or its successor.
(4)  "Director" means a member of the board.
(5)  "District" means any district created under Sections 52(b)(1) and (2), Article III, or Section 59, Article XVI, Texas Constitution, regardless of the manner of creation, other than:
(A)  a navigation district or port authority;
(B)  a district governed by Chapter 36, Water Code; or
(C)  a district that does not have the legal authority to supply water.
(6)  "Groundwater reduction plan" means a plan adopted or implemented to supply water, reduce reliance on groundwater, regulate groundwater pumping and usage, or require and allocate water usage among persons in order to comply with or exceed requirements imposed by the Fort Bend Subsidence District or applicable subsidence district, including any applicable groundwater reduction requirements.
(7)  "Large tract" means a tract of land of at least 1,000 acres owned by a single landowner.
(8)  "Local government" means a municipality, county, district, or other political subdivision of this state or a combination of two or more of those entities.
(9)  "Subsidence" means the lowering in elevation of the surface of land by the withdrawal of groundwater.
(10)  "System" means a network of pipelines, conduits, valves, canals, pumping stations, force mains, treatment plants, and any other construction, device, or related appurtenance used to treat or transport water.
(11)  "Water" includes:
(A)  groundwater, percolating or otherwise;
(B)  any surface water, natural or artificial, navigable or nonnavigable; and
(C)  industrial and municipal wastewater.
(12)  "Well" includes a facility, device, or method used to withdraw groundwater from a groundwater source within the boundaries of the authority.
Added by Acts 2013, 83rd Leg., R.S., Ch. 829 (S.B. 1870), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8878 - West Fort Bend Water Authority › Subchapter A. General Provisions › Section 8878.002. Nature of Authority

Sec. 8878.002.  NATURE OF AUTHORITY.  The authority is a regional water authority in Fort Bend County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution, including the acquisition and provision of surface water and groundwater for residential, commercial, industrial, agricultural, and other uses, the reduction of groundwater withdrawals, the conservation, preservation, protection, and recharge of groundwater and of groundwater reservoirs or their subdivisions, the prevention of waste of groundwater, the control of subsidence caused by the withdrawal of water from groundwater reservoirs or their subdivisions, and other public purposes stated in this chapter.  The authority is a political subdivision of this state.
Added by Acts 2013, 83rd Leg., R.S., Ch. 829 (S.B. 1870), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8878 - West Fort Bend Water Authority › Subchapter A. General Provisions › Section 8878.003. Confirmation Election Not Required

Sec. 8878.003.  CONFIRMATION ELECTION NOT REQUIRED.  An election to confirm the creation of the authority is not required.
Added by Acts 2013, 83rd Leg., R.S., Ch. 829 (S.B. 1870), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8878 - West Fort Bend Water Authority › Subchapter A. General Provisions › Section 8878.004. Initial Authority Territory

Sec. 8878.004.  INITIAL AUTHORITY TERRITORY.  (a)  The authority is initially composed of the territory described by Section 2 of the Act creating this chapter.
(b)  The boundaries and field notes contained in Section 2 of the Act creating this chapter form a closure.  A mistake made in the field notes or in copying the field notes in the legislative process does not affect:
(1)  the organization, existence, or validity of the authority;
(2)  the right of the authority to issue any type of bond or note for the purposes for which the authority is created or to pay the principal of and interest on a bond or note;
(3)  the right of the authority to impose or collect a fee, user fee, rate, or charge; or
(4)  the legality or operation of the authority.
(c)  All of the territory of a local government created after the effective date of the Act creating this chapter that encompasses any territory within the boundaries of the authority, immediately on the creation and without any action required of the authority, is subject to all of the rights, powers, privileges, and rules of the authority to the same extent as the territory was before the local government was created.
Added by Acts 2013, 83rd Leg., R.S., Ch. 829 (S.B. 1870), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8878 - West Fort Bend Water Authority › Subchapter A. General Provisions › Section 8878.006. Annexation

Sec. 8878.006.  ANNEXATION.  (a)  Except to the extent the authority agrees in writing, a municipality's annexation of territory within the authority does not affect:
(1)  the authority's powers inside or outside the annexed territory;
(2)  the authority's boundaries or contracts; or
(3)  the authority's ability to assess fees, user fees, rates, or charges inside or outside the territory annexed by the municipality.
(b)  Territory may be annexed to the authority, regardless of whether the territory is contiguous to the authority, as provided by Chapter 49, Water Code.
(c)  In addition to the authority granted by Subsection (b), regardless of whether the territory is contiguous to the authority, the authority may annex some or all of the territory located within a district or municipality if the district or municipality files with the authority a petition requesting the annexation signed by a majority of the members of the governing body of the district or municipality.  The petition must include an accurate legal description of the boundaries of the territory to be included.  If the authority has bonds, notes, or other obligations outstanding, the authority shall require the petitioning district or municipality to be obligated to pay its share of the principal of and interest on the outstanding bonds, notes, or other obligations, and related costs.  The board may grant the petition and order the territory described by the petition annexed to the authority if it is feasible, practicable, and to the advantage of the authority.
(d)  Any territory that a district located within the authority annexes becomes territory of the authority on the effective date of the annexation without any action required of the authority.  The authority by rule may require all districts located within the authority to send to the authority written notice of the effective date of an annexation and require the districts to send to the authority copies of any necessary documents describing the annexed land and describing the districts' boundaries as they exist after inclusion of the annexed land.
(e)  The annexation to the authority of territory under this section does not affect the validity of the authority's bonds issued before or after the annexation.
(f)  A municipality that annexes territory of the authority for limited purposes under Subchapter F, Chapter 43, Local Government Code, does not have the right to:
(1)  receive notices from the authority under Section 8878.103(c);
(2)  participate in the appointment of directors under Subchapter B; or
(3)  receive information about or have the opportunity to fund its share of capital costs in the manner provided by the authority under Section 8878.104.
Added by Acts 2013, 83rd Leg., R.S., Ch. 829 (S.B. 1870), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8878 - West Fort Bend Water Authority › Subchapter A. General Provisions › Section 8878.007. Applicability of Other Law

Sec. 8878.007.  APPLICABILITY OF OTHER LAW.  (a)  Except as otherwise provided by this chapter, Chapter 49, Water Code, applies to the authority.
(b)  This chapter does not prevail over or preempt a provision of Chapter 36, Water Code, or of Chapter 8801 or 8834 of this code that is being implemented by the Fort Bend Subsidence District or applicable subsidence district.
(c)  Chapter 36, Water Code, does not apply to the authority.
Added by Acts 2013, 83rd Leg., R.S., Ch. 829 (S.B. 1870), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8878 - West Fort Bend Water Authority › Subchapter A. General Provisions › Section 8878.008. Finding of Benefit

Sec. 8878.008.  FINDING OF BENEFIT.  All the land, property, and persons included within the boundaries of the authority will be directly benefited by the works, projects, improvements, and services to be provided by the authority under powers conferred by Section 59, Article XVI, Texas Constitution, and this chapter.  The authority is created to serve a public use and benefit.  The creation of the authority will serve to promote the health, safety, and general welfare of persons within the authority and the general public.  Any fees, user fees, rates, or charges imposed by the authority under this chapter are necessary to pay for the costs of accomplishing the purposes of the authority as set forth in Section 59, Article XVI, Texas Constitution, and this chapter, including:
(1)  the reduction of groundwater withdrawals;
(2)  the facilitation of compliance with the requirements of the Fort Bend Subsidence District or applicable subsidence district; and
(3)  the provision of services, facilities, and systems.
Added by Acts 2013, 83rd Leg., R.S., Ch. 829 (S.B. 1870), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8878 - West Fort Bend Water Authority › Subchapter B. Board of Directors › Section 8878.051. Directors; Terms

Sec. 8878.051.  DIRECTORS; TERMS.  (a)  The authority is governed by a board of five directors.
(b)  The directors serve staggered four-year terms, with two or three directors' terms expiring May 15 of each even-numbered year.
Added by Acts 2013, 83rd Leg., R.S., Ch. 829 (S.B. 1870), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8878 - West Fort Bend Water Authority › Subchapter B. Board of Directors › Section 8878.052. Eligibility to Serve as Director

Sec. 8878.052.  ELIGIBILITY TO SERVE AS DIRECTOR.  To be eligible to serve as a director of the authority or to be listed as provided by Section 8878.056 on a ballot as a candidate for director of the authority representing a director precinct, an individual must:
(1)  be at least 18 years of age;
(2)  be a resident of the authority; and
(3)  have served as a director of one or more districts or as a member of the governing body of a municipality within the authority for a total of at least four years.
Added by Acts 2013, 83rd Leg., R.S., Ch. 829 (S.B. 1870), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8878 - West Fort Bend Water Authority › Subchapter B. Board of Directors › Section 8878.053. Disqualification of Directors

Sec. 8878.053.  DISQUALIFICATION OF DIRECTORS.  Subject to Section 8878.061, the common law doctrine of incompatibility does not disqualify an official or an employee of a public entity from serving as a director of the authority.  A director who is also an official or an employee of a public entity may not participate in the discussion of or vote on a matter regarding a contract with that public entity.
Added by Acts 2013, 83rd Leg., R.S., Ch. 829 (S.B. 1870), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8878 - West Fort Bend Water Authority › Subchapter B. Board of Directors › Section 8878.054. Conflicts of Interest

Sec. 8878.054.  CONFLICTS OF INTEREST.  Chapter 171, Local Government Code, governs conflicts of interest of board members.
Added by Acts 2013, 83rd Leg., R.S., Ch. 829 (S.B. 1870), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8878 - West Fort Bend Water Authority › Subchapter B. Board of Directors › Section 8878.055. Single-Member Director Precincts

Sec. 8878.055.  SINGLE-MEMBER DIRECTOR PRECINCTS.  (a)  The authority is divided into five single-member director precincts, the initial territories of which are described by Section 3 of the Act creating this chapter.
(b)  The board may redraw the single-member director precincts in a manner that is reasonable and equitable:
(1)  after any change in the boundaries of the authority; or
(2)  by a resolution redrawing the director precincts adopted by a two-thirds majority of the board, based on changed circumstances.
(c)  The boundaries and field notes for each precinct contained in Section 3 of the Act creating this chapter form a closure.  A mistake made in the field notes or in copying the field notes in the legislative process does not affect the selection of a director under this chapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 829 (S.B. 1870), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8878 - West Fort Bend Water Authority › Subchapter B. Board of Directors › Section 8878.057. Appointment of Directors in Sparsely Populated Precincts

Sec. 8878.057.  APPOINTMENT OF DIRECTORS IN SPARSELY POPULATED PRECINCTS.  (a)  For each precinct with a population of less than 25,000, the Commissioners Court of Fort Bend County shall appoint the director for that precinct.  When the population within a precinct reaches 25,000, as determined by federal census information or as otherwise determined by the county, that precinct is eligible to nominate and appoint a director in accordance with Section 8878.056, who shall serve upon the expiration of the appointed director's term.
(b)  To be eligible for appointment under this section, a person must be a resident of the county.  Sections 8878.052(2) and (3) do not apply to the eligibility of a person for appointment under this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 829 (S.B. 1870), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8878 - West Fort Bend Water Authority › Subchapter B. Board of Directors › Section 8878.058. Vacancy in Office of Director

Sec. 8878.058.  VACANCY IN OFFICE OF DIRECTOR.  (a)  A vacancy in the office of director shall be filled by appointment by the governing bodies of the districts and municipalities that are located within the director precinct for which the vacancy occurred.  The appointment process shall follow the procedures of Section 8878.056.  The board may establish dates different from those specified by Sections 8878.056(e) and (g), but the date for the board's submission of the voting results to each district and municipality may not be later than the 120th day after the date the vacancy occurs.
(b)  A vacancy in the office of director appointed by the county under Section 8878.057 shall be filled by appointment by the Commissioners Court of Fort Bend County.
Added by Acts 2013, 83rd Leg., R.S., Ch. 829 (S.B. 1870), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8878 - West Fort Bend Water Authority › Subchapter B. Board of Directors › Section 8878.059. Meetings and Actions of Board

Sec. 8878.059.  MEETINGS AND ACTIONS OF BOARD.  (a)  The board may meet as many times each year as the board considers appropriate.
(b)  Directors of the authority are public officials and are entitled to governmental immunity for their actions in their capacity as directors and officers of the authority.
Added by Acts 2013, 83rd Leg., R.S., Ch. 829 (S.B. 1870), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8878 - West Fort Bend Water Authority › Subchapter B. Board of Directors › Section 8878.060. General Manager

Sec. 8878.060.  GENERAL MANAGER.  (a)  The board may employ a general manager of the authority or contract with a person to perform the duties of a general manager.  The board may delegate to the general manager full authority to manage and operate the affairs of the authority subject only to orders of the board.
(b)  The board may delegate to the general manager the authority to employ all persons necessary for the proper handling of the business and operation of the authority and to determine the compensation to be paid to all employees, other than the general manager.
Added by Acts 2013, 83rd Leg., R.S., Ch. 829 (S.B. 1870), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8878 - West Fort Bend Water Authority › Subchapter B. Board of Directors › Section 8878.061. Compensation; Expenses

Sec. 8878.061.  COMPENSATION; EXPENSES.  A director who is also an official of another public entity serves without compensation but may be reimbursed for actual expenses incurred in the performance of official duties.  The expenses must be:
(1)  reported in the authority's records; and
(2)  approved by the board.
Added by Acts 2013, 83rd Leg., R.S., Ch. 829 (S.B. 1870), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8878 - West Fort Bend Water Authority › Subchapter C. Powers and Duties › Section 8878.101. General Powers and Duties

Sec. 8878.101.  GENERAL POWERS AND DUTIES.  (a)  The authority may:
(1)  provide for the conservation, preservation, protection, recharge, and prevention of waste of groundwater, and for the reduction of groundwater withdrawals as necessary to develop, implement, or enforce a groundwater reduction plan, in a manner consistent with the purposes of Section 59, Article XVI, Texas Constitution, and facilitate compliance with Fort Bend Subsidence District or applicable subsidence district rules, orders, regulations, or requirements;
(2)  acquire or develop surface water and groundwater supplies from sources inside or outside the boundaries of the authority, conserve, store, transport, treat, purify, distribute, sell, and deliver water to or among persons inside and outside the boundaries of the authority, and allocate water among persons participating in the authority's groundwater reduction plan whether they are located inside or outside the authority's boundaries;
(3)  enter into contracts with persons inside or outside the authority on terms and conditions the board considers desirable, fair, and advantageous for the performance of its rights, powers, and authority under this chapter;
(4)  coordinate water services provided inside, outside, or into the authority;
(5)  provide wholesale and retail water services to any users or customers within the authority's boundaries without being required to execute contracts with those users or customers;
(6)  adopt policies establishing whether, when, and the manner in which the authority uses requests for proposals in obtaining services, including professional services;
(7)  determine whether to adopt administrative policies in addition to those required by Section 49.199, Water Code; and
(8)  administer and enforce this chapter.
(b)  Sections 49.451-49.455, Water Code, do not apply to the authority.
(c)  Notwithstanding Subsection (a)(5), the authority may not provide retail water service to a retail user within the authority's boundaries that is located within the boundaries of a district or municipality on the date the authority awards a contract for the construction or executes a contract for the acquisition of water facilities to serve that retail user, unless:
(1)  the district or municipality consents in writing to the authority's provision of retail water service; or
(2)  the retail user owns or operates a well.
(d)  If a retail user that does not own or operate a well is added to the boundaries of a district or municipality after the date the authority awards a contract for the construction or executes a contract for the acquisition of water facilities to serve that retail user, the authority may provide retail service to that retail user without the written consent of the district or municipality.
Added by Acts 2013, 83rd Leg., R.S., Ch. 829 (S.B. 1870), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8878 - West Fort Bend Water Authority › Subchapter C. Powers and Duties › Section 8878.102. Authority Rules

Sec. 8878.102.  AUTHORITY RULES.  The authority may adopt and enforce rules reasonably required to implement this chapter, including rules governing procedures before the board and rules regarding implementation, enforcement, and any other matters related to the authority's water supply or groundwater reduction plan.
Added by Acts 2013, 83rd Leg., R.S., Ch. 829 (S.B. 1870), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8878 - West Fort Bend Water Authority › Subchapter C. Powers and Duties › Section 8878.104. Purchase of Water From Another Entity

Sec. 8878.104.  PURCHASE OF WATER FROM ANOTHER ENTITY.  (a)  If the authority purchases water from another entity for resale to local governments, the authority shall use its best efforts in negotiating with the entity to determine the amount of capital costs included in any rates or charges paid by the authority.  The authority shall determine the amount of expected capital costs of its own system.
(b)  The authority shall provide each district or municipality within its boundaries information regarding the share of the capital costs to be paid by the district or municipality, as determined by the authority, and shall provide each district or municipality the opportunity, in a manner and by a procedure determined by the authority, to fund its share of the capital costs with proceeds from the sale of bonds or fees and charges collected by the districts or municipalities.  A district or municipality may use any lawful source of revenue, including bond funds, to pay any sums due to the authority.
(c)  The authority may adopt a procedure by which a district or municipality may receive a credit from the authority.  The board may adopt any other procedure necessary to accomplish the goals of this section.
(d)  In complying with this section, the authority may use any reasonable basis to calculate from time to time the share of the capital costs of a district or municipality.  The authority may calculate the shares of the capital costs based on the amount of water used within the authority by the district or municipality during the calendar year preceding the year in which the calculation is made.
(e)  This section or any failure to comply with this section does not limit or impede the authority's ability to issue bonds or notes or invalidate any fees, user fees, charges, or rates imposed by the authority.
Added by Acts 2013, 83rd Leg., R.S., Ch. 829 (S.B. 1870), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8878 - West Fort Bend Water Authority › Subchapter C. Powers and Duties › Section 8878.105. Interest and Penalties

Sec. 8878.105.  INTEREST AND PENALTIES.  The board may require the payment of interest on any late or unpaid fees, user fees, rates, or charges due the authority, but the interest rate may not exceed the interest rate permitted by Section 2251.025, Government Code.  The board may also impose penalties for the failure to make a complete or timely payment to the authority.  In addition, the board may exclude a person, or any territory or well owned or controlled by a person, from the authority's groundwater reduction plan for failure to make a complete or timely payment to the authority.
Added by Acts 2013, 83rd Leg., R.S., Ch. 829 (S.B. 1870), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8878 - West Fort Bend Water Authority › Subchapter C. Powers and Duties › Section 8878.106. Attorney's Fees and Collection Expenses

Sec. 8878.106.  ATTORNEY'S FEES AND COLLECTION EXPENSES.  (a)  The authority is entitled to reasonable attorney's fees incurred by the authority in enforcing its rules.
(b)  The authority is entitled to collection expenses and reasonable attorney's fees incurred by the authority in collecting any delinquent fees, user fees, rates, and charges and any related penalties and interest.
Added by Acts 2013, 83rd Leg., R.S., Ch. 829 (S.B. 1870), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8878 - West Fort Bend Water Authority › Subchapter C. Powers and Duties › Section 8878.107. Lien

Sec. 8878.107.  LIEN.  (a)  Fees and user fees imposed by the authority under Section 8878.103(b), any related penalties and interest, and collection expenses and reasonable attorney's fees incurred by the authority:
(1)  are a first and prior lien against the well to which the fees or user fees apply;
(2)  are superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes; and
(3)  are the personal liability of and a charge against the owner of the well.
(b)  A lien under this section is effective from the date of the resolution or order of the board imposing the fee or user fee until the fee or user fee is paid.
(c)  The board may enforce the lien in the same manner that a municipal utility district operating under Chapter 54, Water Code, may enforce an ad valorem tax lien against real property.
Added by Acts 2013, 83rd Leg., R.S., Ch. 829 (S.B. 1870), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8878 - West Fort Bend Water Authority › Subchapter C. Powers and Duties › Section 8878.108. Administrative Penalty; Injunction

Sec. 8878.108.  ADMINISTRATIVE PENALTY; INJUNCTION.  (a)  A person who violates a rule or order of the authority is subject to an administrative penalty of not more than $5,000, as determined by the board, for each violation or each day of a continuing violation.  The person shall pay the penalty to the authority.
(b)  The authority may bring an action to recover the penalty in a district court in the county where the violation occurred.
(c)  The authority may bring an action for injunctive relief in a district court in the county where a violation of an authority rule or order occurs or is threatened to occur.  The court may grant to the authority, without bond or other undertaking, a prohibitory or mandatory injunction that the facts warrant, including a temporary restraining order, temporary injunction, or permanent injunction.
(d)  The authority may bring an action for an administrative penalty and injunctive relief in the same proceeding.
Added by Acts 2013, 83rd Leg., R.S., Ch. 829 (S.B. 1870), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8878 - West Fort Bend Water Authority › Subchapter C. Powers and Duties › Section 8878.109. Water Supply or Drought Contingency Plans

Sec. 8878.109.  WATER SUPPLY OR DROUGHT CONTINGENCY PLANS.  The authority by rule may develop, prepare, revise, adopt, implement, enforce, and manage comprehensive water supply or drought contingency plans for the authority, or any portion of the authority.
Added by Acts 2013, 83rd Leg., R.S., Ch. 829 (S.B. 1870), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8878 - West Fort Bend Water Authority › Subchapter C. Powers and Duties › Section 8878.110. Groundwater Reduction Plan

Sec. 8878.110.  GROUNDWATER REDUCTION PLAN.  (a)  The authority may wholly or partly develop, prepare, revise, adopt, implement, enforce, manage, or participate in a groundwater reduction plan that is applicable only to the authority and one or more persons outside the authority.  The authority may require that any groundwater reduction plan that the authority wholly or partly develops, prepares, revises, adopts, implements, enforces, or manages or in which the authority participates be the exclusive groundwater reduction plan that is binding and mandatory on some or all of the territory, persons, or wells located within the authority.  A groundwater reduction plan may:
(1)  specify the measures to be taken to reduce groundwater withdrawals;
(2)  identify alternative sources of water, including water from the authority, to be provided to those affected;
(3)  identify the rates, terms, and conditions under which alternative sources of water will be provided, which may be changed from time to time as considered necessary by the authority;
(4)  specify the dates and extent to which persons or districts within the authority's boundaries shall reduce or cease reliance on groundwater and accept water from alternative sources, including water from the authority;
(5)  include other terms and measures that are consistent with the powers and duties of the authority;
(6)  exceed the minimum requirements imposed by the Fort Bend Subsidence District or applicable subsidence district, including any applicable groundwater reduction requirements; and
(7)  be amended from time to time at the discretion of the authority.
(b)  Fees, user fees, rates, and charges of the authority may be imposed under this chapter for a person's participation in and benefit derived from the authority's groundwater reduction plan, a groundwater reduction plan in which the authority participates, or the authority's works, projects, improvements, and services to be provided by the authority under powers conferred by Section 59, Article XVI, Texas Constitution, and this chapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 829 (S.B. 1870), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8878 - West Fort Bend Water Authority › Subchapter C. Powers and Duties › Section 8878.111. Acquisition, Construction, and Operation of Systems

Sec. 8878.111.  ACQUISITION, CONSTRUCTION, AND OPERATION OF SYSTEMS.  (a)  The authority may:
(1)  acquire by purchase, gift, lease, contract, or any other legal means a water treatment or supply system, or any other works, plants, improvements, or facilities necessary or convenient to accomplish the purposes of the authority, or any interest of the authority, inside or outside the authority's boundaries;
(2)  design, finance, operate, maintain, or construct a water treatment or supply system or any other works, plants, improvements, or facilities necessary or convenient to accomplish the purposes of the authority and provide water services inside or outside the authority's boundaries;
(3)  lease or sell a water treatment or supply system or any other works, plants, improvements, or facilities necessary or convenient to accomplish the purposes of the authority that the authority constructs or acquires inside or outside the authority's boundaries;
(4)  contract with any person to operate or maintain a water treatment or supply system the person owns; or
(5)  acquire water rights under any law or permit.
(b)  The authority may contract, according to terms and conditions the board considers desirable, fair, and advantageous, with a person outside the authority's boundaries:
(1)  to allow the person, or the person's well, to be included in a groundwater reduction plan adopted or implemented wholly or partly by the authority or in a groundwater reduction plan in which the authority participates;
(2)  to sell water to the person; or
(3)  to sell the person available excess capacity or additional capacity of the authority's water treatment or supply system.
(c)  The authority by rule may require that the plans and specifications of water lines to be constructed within the authority that are designed or intended to serve more than one district or more than one person owning or holding a well permit issued by the Fort Bend Subsidence District or applicable subsidence district be approved by the authority before the commencement of construction of the water lines.
Added by Acts 2013, 83rd Leg., R.S., Ch. 829 (S.B. 1870), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8878 - West Fort Bend Water Authority › Subchapter C. Powers and Duties › Section 8878.112. Sale or Reuse of Water or By-Product

Sec. 8878.112.  SALE OR REUSE OF WATER OR BY-PRODUCT.  The authority may store, sell, or reuse:
(1)  water; or
(2)  any by-product from the authority's operations.
Added by Acts 2013, 83rd Leg., R.S., Ch. 829 (S.B. 1870), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8878 - West Fort Bend Water Authority › Subchapter C. Powers and Duties › Section 8878.113. Contracts

Sec. 8878.113.  CONTRACTS.  (a)  The authority may enter into a contract with a person for the performance of a purpose or function of the authority, including a contract to design, construct, finance, lease, own, manage, operate, or maintain works, improvements, facilities, plants, equipment, or appliances necessary to accomplish a purpose or function of the authority.  A contract may be of unlimited duration.
(b)  The authority may purchase, acquire, finance, or lease an interest in a project used for a purpose or function of the authority.
(c)  The authority may contract for:
(1)  the purchase, sale, or lease of water or water rights;
(2)  the performance of activities within the powers of the authority through the purchase, construction, or installation of works, improvements, facilities, plants, equipment, or appliances; or
(3)  the design, construction, ownership, management, maintenance, or operation of any works, improvements, facilities, plants, equipment, or appliances of the authority or another person.
(d)  The authority may purchase surplus property from this state, the United States, or another public entity through a negotiated contract without bids.
Added by Acts 2013, 83rd Leg., R.S., Ch. 829 (S.B. 1870), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8878 - West Fort Bend Water Authority › Subchapter C. Powers and Duties › Section 8878.114. Cooperation With and Assistance of Other Governmental Entities

Sec. 8878.114.  COOPERATION WITH AND ASSISTANCE OF OTHER GOVERNMENTAL ENTITIES.  (a)  In implementing this chapter, the board may cooperate with and request the assistance of the Texas Water Development Board, the commission, the United States Geological Survey, the Fort Bend Subsidence District or applicable subsidence district, other local governments, and other agencies of the United States and this state.
(b)  The Fort Bend Subsidence District or applicable subsidence district may enter into an interlocal contract with the authority to carry out the authority's purposes and may carry out the governmental functions and services specified in the interlocal contract.
(c)  For the purpose of reducing costs associated with preparing a groundwater reduction plan, the board may consider the usefulness of a water supply study or plan prepared by or on behalf of the North Fort Bend Water Authority, the Central Harris County Regional Water Authority, the North Harris County Regional Water Authority, the West Harris County Regional Water Authority, the City of Houston, the City of Sugar Land, the City of Missouri City, Fort Bend County Water Control and Improvement District No. 2, the City of Richmond, the City of Rosenberg, Pecan Grove Municipal Utility District, or another governmental entity to the extent the study or plan is available and applicable to the authority.
Added by Acts 2013, 83rd Leg., R.S., Ch. 829 (S.B. 1870), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8878 - West Fort Bend Water Authority › Subchapter C. Powers and Duties › Section 8878.115. Gifts and Grants

Sec. 8878.115.  GIFTS AND GRANTS.  The authority may accept a gift or grant from money collected by the Fort Bend Subsidence District or applicable subsidence district to fund the construction, maintenance, or operation of a water treatment or supply system.
Added by Acts 2013, 83rd Leg., R.S., Ch. 829 (S.B. 1870), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8878 - West Fort Bend Water Authority › Subchapter C. Powers and Duties › Section 8878.116. Expenditures

Sec. 8878.116.  EXPENDITURES.  (a)  The authority's money may be disbursed only by check, draft, order, federal reserve wire system, or other instrument or authorization.
(b)  Disbursements of the authority must be signed by at least a majority of the directors.  The board by resolution may allow the general manager, treasurer, bookkeeper, or other employee of the authority to sign disbursements, except as limited by Subsection (c).
(c)  The board by resolution may allow disbursements to be transferred by federal reserve wire system to accounts in the name of the authority without the necessity of any directors signing the disbursement.  Disbursements of the authority's money by federal reserve wire system to any accounts not in the name of the authority must be signed by at least a majority of the directors.
Added by Acts 2013, 83rd Leg., R.S., Ch. 829 (S.B. 1870), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8878 - West Fort Bend Water Authority › Subchapter C. Powers and Duties › Section 8878.117. Ad Valorem Taxation

Sec. 8878.117.  AD VALOREM TAXATION.  The authority may not impose an ad valorem tax.
Added by Acts 2013, 83rd Leg., R.S., Ch. 829 (S.B. 1870), Sec. 1, eff. June 14, 2013.