reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter B. Creation of District › Section 36.0151. Creation of District for Priority Groundwater Management Area

Sec. 36.0151.  CREATION OF DISTRICT FOR PRIORITY GROUNDWATER MANAGEMENT AREA.  (a)  If the commission is required to create a district under Section 35.012(b), it shall, without an evidentiary hearing, issue an order creating the district and shall provide in its order that temporary directors be appointed under Section 36.0161 and that an election be called by the temporary directors to authorize the district to assess taxes and to elect permanent directors.
(b)  The commission shall notify the county commissioners court of each county with territory in the district of the district's creation as soon as practicable after issuing the order creating the district.
(c)  The commission may amend the territory in an order issued under Section 35.008 or this section to adjust for areas that, in the time between when the order was issued under Section 35.008 and the order is issued under this section, have:
(1)  been added to an existing district or created as a separate district; or
(2)  not been added to an existing district or created as a separate district.
(d)  In making a modification under Subsection (c), the commission may recommend:
(1)  creation of a new district in the area; or
(2)  that the area be added to a different district.
(e)  Except as provided by Section 35.013(h), a change in the order under Subsection (c) does not affect a deadline under Section 35.012 or 35.013.
(f)  Before September 1, 2021, the commission may not create a groundwater conservation district under this section in a county:
(1)  in which the annual amount of surface water used is more than 50 times the annual amount of groundwater produced;
(2)  that is located in a priority groundwater management area; and
(3)  that has a population greater than 2.3 million.
(g)  To the extent of a conflict between Subsection (f) and Section 35.012, Subsection (f) prevails.
(h)  The commission may charge an annual fee not to exceed $500 to a county described by Subsection (f) for the purpose of studying compliance with that subsection in that county and the overall groundwater consumption in that county.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 4.24, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.37, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 886 (S.B. 313), Sec. 5, eff. June 17, 2011.
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 77.01, eff. September 28, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1196 (S.B. 1336), Sec. 12, eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter B. Creation of District › Section 36.016. Appointment of Temporary Directors

Sec. 36.016.  APPOINTMENT OF TEMPORARY DIRECTORS.  (a)  If the commission certifies a petition to create a district under Section 36.015, the commission shall appoint the temporary directors named in the petition.  If the commission dissolves a district's board under Section 36.303, it shall appoint five temporary directors.
(b)  If the commission creates a district under Section 36.0151, the county commissioners court or courts of the county or counties that contain the area of the district shall, within 90 days after receiving notification by the commission under Section 36.0151(b), appoint five temporary directors, or more if the district contains the territory of more than five counties, for the district's board using the method provided by Section 36.0161.  A county commissioners court shall not make any appointments after the expiration of the 90-day period.  If fewer than five temporary directors have been appointed at the expiration of the period, the commission shall appoint additional directors so that the board has at least five members.
(c)  Temporary directors appointed under this section shall serve until the initial directors are elected and have qualified for office or until the voters fail to approve the creation of the district.
(d)  If an appointee of the commission or of a county commissioners court fails to qualify or if a vacancy occurs in the office of temporary director, the commission or the county commissioners court, as appropriate, shall appoint an individual to fill the vacancy.
(e)  As soon as all temporary directors have qualified, the directors shall meet, take the oath of office, and elect a chairman and vice chairman from among their membership.  The chairman shall preside at all meetings of the board and, in the chairman's absence, the vice chairman shall preside.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 4.25, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 966, Sec. 2.38, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter B. Creation of District › Section 36.0161. Method for Appointing Temporary Directors for District in Priority Groundwater Management Area

Sec. 36.0161.  METHOD FOR APPOINTING TEMPORARY DIRECTORS FOR DISTRICT IN PRIORITY GROUNDWATER MANAGEMENT AREA.  (a)  If a district in a priority groundwater management area is:
(1)  contained within one county, the county commissioners court of that county shall appoint five temporary directors for the district;
(2)  contained within two counties, the county commissioners court of each county shall appoint at least one temporary director, with the appointments of the three remaining directors to be apportioned as provided by Subsection (b);
(3)  contained within three counties, the county commissioners court of each county shall appoint at least one temporary director, with the appointments of the two remaining directors to be apportioned as provided by Subsection (b);
(4)  contained within four counties, the county commissioners court of each county shall appoint at least one temporary director, with the appointment of the remaining director to be apportioned as provided by Subsection (b);  or
(5)  contained within five or more counties, the county commissioners court of each county shall appoint one temporary director.
(b)(1) In this subsection, "estimated groundwater use" means the estimate of groundwater use in acre-feet developed by the commission under Subsection (c) for the area of a county that is within the district.
(2)  The apportionment of appointments under Subsection (a) shall be made by the commission so as to reflect, as closely as possible, the proportion each county's estimated groundwater use bears to the sum of the estimated groundwater use for the district as determined under Subsection (c).  The commission shall by rule determine the method it will use to implement this subdivision.
(c)  If a district for which temporary directors are to be appointed is contained within two, three, or four counties, the commission shall develop an estimate of annual groundwater use in acre-feet for each county area within the district.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 4.26, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter B. Creation of District › Section 36.0171. Tax Authority and Directors' Election for District in a Priority Groundwater Management Area

Sec. 36.0171.  TAX AUTHORITY AND DIRECTORS' ELECTION FOR DISTRICT IN A PRIORITY GROUNDWATER MANAGEMENT AREA.  (a)  For a district created under Section 36.0151, not later than the 120th day after the date all temporary directors have been appointed and have qualified, the temporary directors shall meet and order an election to be held within the boundaries of the proposed district to authorize the district to assess taxes and to elect permanent directors.
(b)  In the order calling the election, the temporary directors shall designate election precincts and polling places for the election.  In designating the polling places, the temporary directors shall consider the needs of all voters for conveniently located polling places.
(c)  The temporary directors shall publish notice of the election at least once in at least one newspaper with general circulation within the boundaries of the proposed district.  The notice must be published before the 30th day preceding the date of the election.
(d)  The ballot for the election must be printed to provide for voting for or against the proposition:  "The levy of a maintenance tax by the ___________________ Groundwater Conservation District at a rate not to exceed ______ cents for each $100 of assessed valuation."  The same ballot or another ballot must provide for the election of permanent directors, in accordance with Section 36.059.
(e)  Immediately after the election, the presiding judge of each polling place shall deliver the returns of the election to the temporary board, and the board shall canvass the returns, declare the result, and turn over the operations of the district to the elected permanent directors.  The board shall file a copy of the election result with the commission.
(f)  If a majority of the votes cast at the election favor the levy of a maintenance tax, the temporary board shall declare the levy approved and shall enter the result in its minutes.
(g)  If a majority of the votes cast at the election are against the levy of a maintenance tax, the temporary board shall declare the levy defeated and shall enter the result in its minutes.
(h)  If the majority of the votes cast at the election are against the levy of a maintenance tax, the district shall set fees authorized by this chapter in accordance with Section 35.013(g-1) to pay for the district's regulation of groundwater in the district.
Added by Acts 2001, 77th Leg., ch. 966, Sec. 2.40, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 886 (S.B. 313), Sec. 6, eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 415 (H.B. 2767), Sec. 3, eff. June 10, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter B. Creation of District › Section 36.018. Inclusion of Municipality

Sec. 36.018.  INCLUSION OF MUNICIPALITY.  (a)  If part of the territory to be included in a district is located in a municipality, a separate voting district may not be established in the municipality for the purpose of determining whether the municipality as a separate area is to be included in the district.
(b)  If for any other reason the territory in a municipality is established as a separate voting district, the failure by the voters in the municipal territory to confirm the creation of the district or the annexation of territory to a district does not prevent the territory in the municipality from being included in the district.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter B. Creation of District › Section 36.019. Confirmation Election in District Including Land in More Than One County

Sec. 36.019.  CONFIRMATION ELECTION IN DISTRICT INCLUDING LAND IN MORE THAN ONE COUNTY.  (a)  A district, the major portion of which is located in one county, may not be organized to include land in another county unless the election held in the other county to confirm and ratify the creation of the district is approved by a majority of the voters of the other county voting in an election called for that purpose.
(b)  This section does not apply to districts created under Section 36.0151.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.41, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter B. Creation of District › Section 36.020. Bond and Tax Proposal

Sec. 36.020.  BOND AND TAX PROPOSAL.  (a)  At an election to create a district, the temporary directors may include a proposition for the issuance of bonds or notes, the levy of taxes to retire all or part of the bonds or notes, and the levy of a maintenance tax.  The maintenance tax rate may not exceed 50 cents on each $100 of assessed valuation.
(b)  The board shall include in any bond and tax proposition the maximum amount of bonds or notes to be issued and their maximum maturity date.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter B. Creation of District › Section 36.021. Notification of County Clerk

Sec. 36.021.  NOTIFICATION OF COUNTY CLERK.  Within 30 days following the creation of a district or any amendment to the boundaries of a district, the board of directors shall file with the county clerk of each county in which all or part of the district is located a certified copy of the description of the boundaries of the district.  Each county clerk shall record the certified copy of the boundaries in the property records of that county.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter C. Administration › Section 36.051. Board of Directors

Sec. 36.051.  BOARD OF DIRECTORS.  (a)  The governing body of a district is the board of directors, which shall consist of not fewer than five and not more than 11 directors elected for four-year terms.  The number of directors may be changed as determined by the board when territory is annexed by the district.
(b)  A member of a governing body of another political subdivision is ineligible for appointment or election as a director.  A director is disqualified and vacates the office of director if the director is appointed or elected as a member of the governing body of another political subdivision.  This subsection does not apply to any district with a population less than 50,000.
(c)  Vacancies in the office of director shall be filled by appointment of the board.  If the vacant office is not scheduled for election for longer than two years at the time of the appointment, the board shall order an election for the unexpired term to be held as part of the next regularly scheduled director's election.  The appointed director's term shall end on qualification of the director elected at that election.
(d)  In a district with a population of less than 50,000, the common law doctrine of incompatibility does not disqualify:
(1)  a member of the governing body or officer of another political subdivision other than a municipality or county from serving as a director of the district;  or
(2)  a director of the district from serving as a member of the governing body or officer of another political subdivision other than a municipality or county.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 78, Sec. 1, eff. May 19, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter C. Administration › Section 36.052. Other Laws Not Applicable

Sec. 36.052.  OTHER LAWS NOT APPLICABLE.  (a)  Other laws governing the administration or operations of districts created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, shall not apply to any district governed by this chapter.  This chapter prevails over any other law in conflict or inconsistent with this chapter, except any special law governing a specific district shall prevail over this chapter.
(b)  Notwithstanding Subsection (a), the following provisions prevail over a conflicting or inconsistent provision of a special law that governs a specific district:
(1)  Sections 36.107-36.108;
(2)  Sections 36.159-36.161;  and
(3)  Subchapter I.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 4.27, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter C. Administration › Section 36.053. Quorum

Sec. 36.053.  QUORUM.  (a)  Except as provided by Subsection (b), a majority of the membership of the board constitutes a quorum for any meeting, and a concurrence of a majority of the entire membership of the board is sufficient for transacting any business of the district.
(b)  For the purposes of making a final decision on a permit or permit amendment application by a board composed of 10 or more directors, a concurrence of a majority of the directors eligible to vote is sufficient for taking an action on the application.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 436 (H.B. 1971), Sec. 1, eff. June 9, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter C. Administration › Section 36.054. Officers

Sec. 36.054.  OFFICERS.  (a)  After a district is created and the directors have qualified, the board shall meet, elect a president, vice president, secretary, and any other officers or assistant officers as the board may deem necessary and begin the discharge of its duties.
(b)  After each directors' election, the board shall meet and elect officers.
(c)  The president is the chief executive officer of the district, presides at all meetings of the board, and shall execute all documents on behalf of the district.  The vice president shall act as president in case of the absence or disability of the president.  The secretary is responsible for seeing that all records and books of the district are properly kept and shall attest the president's signature on all documents.
(d)  The board may appoint another director, the general manager, or any employee as assistant or deputy secretary to assist the secretary, and any such person shall be entitled to certify as to the authenticity of any record of the district, including but not limited to all proceedings relating to bonds, contracts, or indebtedness of the district.
(e)  After any election or appointment of a director, a district shall notify the executive director within 30 days after the date of the election or appointment of the name and mailing address of the director chosen and the date that director's term of office expires.  The executive director shall provide forms to the district for such purpose.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter C. Administration › Section 36.055. Sworn Statement, Bond, and Oath of Office

Sec. 36.055.  SWORN STATEMENT, BOND, AND OATH OF OFFICE.  (a)  As soon as practicable after a director is elected or appointed, that director shall make the sworn statement prescribed by the constitution for public office.
(b)  As soon as practicable after a director has made the sworn statement, and before beginning to perform the duties of office, that director shall take the oath of office prescribed by the constitution for public officers.
(c)  Before beginning to perform the duties of office, each director shall execute a bond for $10,000 payable to the district and conditioned on the faithful performance of that director's duties.  All bonds of the directors shall be approved by the board and paid for by the district.
(d)  The sworn statement shall be filed as prescribed by the constitution.  The bond and oath shall be filed with the district and retained in its records.  A duplicate original of the oath shall also be filed with the secretary of state within 10 days after its execution and need not be filed before the new director begins to perform the duties of office.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 249, Sec. 1, eff. Aug. 30, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter C. Administration › Section 36.056. General Manager

Sec. 36.056.  GENERAL MANAGER.  (a)  The board may employ or contract with a person to perform such services as general manager for the district as the board may from time to time specify.  The board may delegate to the general manager full authority to manage and operate the affairs of the district 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 district and to determine the compensation to be paid all employees other than the general manager.
(c)  Except in a district that is composed of the territory of more than one county, a director may be employed as general manager of the district.  The compensation of a general manager who also serves as a director shall be established by the other directors.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter C. Administration › Section 36.057. Management of District

Sec. 36.057.  MANAGEMENT OF DISTRICT.  (a)  The board shall be responsible for the management of all the affairs of the district.  The district shall employ or contract with all persons, firms, partnerships, corporations, or other entities, public or private, deemed necessary by the board for the conduct of the affairs of the district, including, but not limited to, engineers, attorneys, financial advisors, operators, bookkeepers, tax assessors and collectors, auditors, and administrative staff.
(b)  The board shall set the compensation and terms for consultants.
(c)  In selecting attorneys, engineers, auditors, financial advisors, or other professional consultants, the district shall follow the procedures provided in the Professional Services Procurement Act, Subchapter A, Chapter 2254, Government Code.
(d)  The board shall require an officer, employee, or consultant who collects, pays, or handles any funds of the district to furnish good and sufficient bond, payable to the district, in an amount determined by the board to be sufficient to safeguard the district.  The bond shall be conditioned on the faithful performance of that person's duties and on accounting for all funds and property of the district.  Such bond shall be signed or endorsed by a surety company authorized to do business in the state.
(e)  The board may pay the premium on surety bonds required of officials, employees, or consultants of the district out of any available funds of the district, including proceeds from the sale of bonds.
(f)  The board may adopt bylaws to govern the affairs of the district to perform its purposes.  The board may, by resolution, authorize its general manager or other employee to execute documents on behalf of the district.
(g)  The board shall also have the right to purchase all materials, supplies, equipment, vehicles, and machinery needed by the district to perform its purposes.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter C. Administration › Section 36.058. Conflicts of Interest

Sec. 36.058.  CONFLICTS OF INTEREST.  (a)  A director of a district is subject to the provisions of Chapters 171 and 176, Local Government Code, relating to the regulation of conflicts of officers of local governments.
(b)  If a director is required to file an affidavit under Section 171.004(a), Local Government Code, the director may not:
(1)  attend a closed meeting related to the matter for which the director is required to file the affidavit; and
(2)  vote on a matter for which the director is required to file the affidavit unless a majority of the directors are also required to file an affidavit related to a similar interest on the same official action.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 415 (H.B. 2767), Sec. 4, eff. June 10, 2015.
Acts 2023, 88th Leg., R.S., Ch. 436 (H.B. 1971), Sec. 2, eff. June 9, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter C. Administration › Section 36.059. General Elections

Sec. 36.059.  GENERAL ELECTIONS.  (a)  All elections shall be generally conducted in accordance with the Election Code except as otherwise provided for by this chapter.  Write-in candidacies for any district office shall be governed by Subchapter C, Chapter 146, Election Code.
(b)  The directors of the district shall be elected according to the precinct method as defined by Chapter 12, page 1105, Special Laws, Acts of the 46th Legislature, Regular Session, 1939.  To be qualified to be elected as a director, a person must be a registered voter in the precinct that the person represents.  If any part of a municipal corporation is a part of one precinct, then no part of the municipal corporation shall be included in another precinct, except that a municipal corporation having a population of more than 200,000 may be divided between two or more precincts.  In a multicounty district, not more than two of the five precincts may include the same municipal corporation or part of the same municipal corporation.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter C. Administration › Section 36.060. Fees of Office; Reimbursement

Sec. 36.060.  FEES OF OFFICE;  REIMBURSEMENT.  (a)  A director is entitled to receive fees of office of not more than $250 a day for each day the director actually spends performing the duties of a director.  The fees of office may not exceed $9,000 a year.
(b)  Each director is also entitled to receive reimbursement of actual expenses reasonably and necessarily incurred while engaging in activities on behalf of the district.
(c)  In order to receive fees of office and to receive reimbursement for expenses, each director shall file with the district a verified statement showing the number of days actually spent in the service of the district and a general description of the duties performed for each day of service.
(d)  Section 36.052(a) notwithstanding, Subsection (a) prevails over any other law in conflict with or inconsistent with that subsection, including a special law governing a specific district unless the special law prohibits the directors of that district from receiving a fee of office.  If the application of this section results in an increase in the fees of office for any district, that district's fees of office shall not increase unless the district's board by resolution authorizes payment of the higher fees.
(e)  For liability purposes only, a director is considered a district employee under Chapter 101, Civil Practice and Remedies Code, even if the director does not receive fees of office voluntarily, by district policy, or through a statutory exception to this section.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1354, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 966, Sec. 2.42, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 905, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 931 (H.B. 1563), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 464 (H.B. 3163), Sec. 1, eff. June 15, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter C. Administration › Section 36.061. Policies

Sec. 36.061.  POLICIES.  (a)  Subject to the law governing the district, the board shall adopt the following in writing:
(1)  a code of ethics for district directors, officers, employees, and persons who are engaged in handling investments for the district;
(2)  a policy relating to travel expenditures;
(3)  a policy relating to district investments that ensures that:
(A)  purchases and sales of investments are initiated by authorized individuals, conform to investment objectives and regulations, and are properly documented and approved; and
(B)  periodic review is made of district investments to evaluate investment performance and security;
(4)  policies and procedures for selection, monitoring, or review and evaluation of professional services; and
(5)  policies that ensure a better use of management information, including:
(A)  budgets for use in planning and controlling cost; and
(B)  an audit or finance committee of the board.
(b)  The state auditor may audit the records of any district if the state auditor determines that the audit is necessary.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 785, Sec. 51, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 415 (H.B. 2767), Sec. 5, eff. June 10, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter C. Administration › Section 36.062. Offices and Meeting Places

Sec. 36.062.  OFFICES AND MEETING PLACES.  (a)  The board shall designate from time to time and maintain one or more regular offices for conducting the business of the district and maintaining the records of the district.  Such offices may be located either inside or outside the district's boundaries as determined in the discretion of the board.
(b)  The board shall designate one or more places inside or outside the district for conducting the meetings of the board.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter C. Administration › Section 36.063. Notice of Meetings

Sec. 36.063.  NOTICE OF MEETINGS.  (a)  Except as provided by Subsections (b) and (c), notice of meetings of the board shall be given as set forth in the Open Meetings Act, Chapter 551, Government Code.  Neither failure to provide notice of a regular meeting nor an insubstantial defect in notice of any meeting shall affect the validity of any action taken at the meeting.
(b)  At least 10 days before a hearing under Section 36.108(d-2) or a meeting at which a district will adopt a desired future condition under Section 36.108(d-4), the board must post notice that includes:
(1)  the proposed desired future conditions and a list of any other agenda items;
(2)  the date, time, and location of the meeting or hearing;
(3)  the name, telephone number, and address of the person to whom questions or requests for additional information may be submitted;
(4)  the names of the other districts in the district's management area; and
(5)  information on how the public may submit comments.
(c)  Except as provided by Subsection (b), notice of a hearing described by Subsection (b) must be provided in the manner prescribed for a rulemaking hearing under Section 36.101(d).
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1233 (S.B. 660), Sec. 15, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter C. Administration › Section 36.064. Meetings

Sec. 36.064.  MEETINGS.  (a)  The board shall hold regular meetings at least quarterly.  It may hold meetings at other times as required for the business of the district.
(b)  Meetings shall be conducted and notice of meetings shall be posted in accordance with the Open Meetings Act, Chapter 551, Government Code.  A meeting of a committee of the board, or a committee composed of representatives of more than one board, where less than a quorum of any one board is present is not subject to the provisions of the Open Meetings Act, Chapter 551, Government Code.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter C. Administration › Section 36.065. Records

Sec. 36.065.  RECORDS.  (a)  The board shall keep a complete account of all its meetings and proceedings and shall preserve its minutes, contracts, records, notices, accounts, receipts, and other records in a safe place.
(b)  The records of each district are the property of the district and are subject to Chapter 552, Government Code.
(c)  The preservation, storage, destruction, or other disposition of the records of each district is subject to the requirements of Chapter 201, Local Government Code, and rules adopted thereunder.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter C. Administration › Section 36.067. Contracts

Sec. 36.067.  CONTRACTS.  (a)  A district shall contract, and be contracted with, in the name of the district.
(b)  A district may purchase property from any other governmental entity by negotiated contract without the necessity of securing appraisals or advertising for bids.
(c)  A district may use the reverse auction procedure, as defined by Section 2155.062(d), Government Code, for purchasing.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 436, Sec. 8, eff. May 28, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter C. Administration › Section 36.068. Employee Benefits

Sec. 36.068.  EMPLOYEE BENEFITS.  (a)  The board may provide for and administer retirement, disability, and death compensation funds for the employees of the district.
(b)  The board may establish a public retirement system in accordance with the provisions of Chapter 810, Government Code.  The board may also provide for a deferred compensation plan described by Section 457 of the Internal Revenue Code of 1986 (26 U.S.C. Section 457).
(c)  The board may include hospitalization and medical benefits to its employees as part of the compensation paid to the officers and employees and may adopt any plan, rule, or regulation in connection with it and amend or change the plan, rule, or regulation as it may determine.
(d)  The board may establish a sick leave pool for employees of the district in the same manner as that authorized for the creation of a sick leave pool for state employees by Subchapter A, Chapter 661, Government Code.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1354, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter D. Powers and Duties › Section 36.1011. Emergency Rules

Sec. 36.1011.  EMERGENCY RULES.  (a)  A board may adopt an emergency rule without prior notice or hearing, or with an abbreviated notice and hearing, if the board:
(1)  finds that a substantial likelihood of imminent peril to the public health, safety, or welfare, or a requirement of state or federal law, requires adoption of a rule on less than 20 days' notice; and
(2)  prepares a written statement of the reasons for its finding under Subdivision (1).
(b)  Except as provided by Subsection (c), a rule adopted under this section may not be effective for longer than 90 days.
(c)  If notice of a hearing on the final rule is given not later than the 90th day after the date the rule is adopted, the rule is effective for an additional 90 days.
(d)  A rule adopted under this section must be adopted at a meeting held as provided by Chapter 551, Government Code.
(e)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1135 (H.B. 2729), Sec. 15(3), eff. September 1, 2019.
Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 4, eff. September 1, 2005.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1135 (H.B. 2729), Sec. 15(3), eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter D. Powers and Duties › Section 36.102. Enforcement of Rules

Sec. 36.102.  ENFORCEMENT OF RULES.  (a)  A district may enforce this chapter and its rules against any person by injunction, mandatory injunction, or other appropriate remedy in a court of competent jurisdiction.
(b)  The board by rule may set reasonable civil penalties against any person for breach of any rule of the district not to exceed $10,000 per day per violation, and each day of a continuing violation constitutes a separate violation.
(c)  A penalty under this section is in addition to any other penalty provided by the law of this state and may be enforced against any person by complaints filed in the appropriate court of jurisdiction in the county in which the district's principal office or meeting place is located.
(d)  If the district prevails in any suit to enforce its rules, the district may seek and the court shall grant against any person, in the same action, recovery for attorney's fees, costs for expert witnesses, and other costs incurred by the district before the court.  The amount of the attorney's fees shall be fixed by the court.
(e)  In an enforcement action by a district against any person that is a governmental entity for a violation of district rules, the limits on the amount of fees, costs, and penalties that a district may impose under Section 36.122, 36.205, or this section, or under a special law governing a district operating under this chapter, constitute a limit of liability of the governmental entity for the violation.  This subsection shall not be construed to prohibit the recovery by a district of fees and costs under Subsection (d) in an action against any person that is a governmental entity.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 548, Sec. 2, eff. June 11, 2001;  Acts 2001, 77th Leg., ch. 966, Sec. 2.45, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 425 (H.B. 2063), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter D. Powers and Duties › Section 36.1025. Petition to Change Rules

Sec. 36.1025.  PETITION TO CHANGE RULES.  (a)  A person with a real property interest in groundwater may petition the district where the property that gives rise to the real property interest is located to adopt a rule or modify a rule adopted under this chapter.
(b)  The district by rule shall prescribe the form for a petition submitted under this section and the procedure for the submission, consideration, and disposition of the petition.
(c)  Not later than the 90th day after the date the district receives the petition, the district shall:
(1)  deny the petition and provide an explanation for the denial; or
(2)  engage in rulemaking consistent with the granted petition.
(d)  Nothing in this section may be construed to create a private cause of action for a decision to accept or deny a petition filed under this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 504 (H.B. 2443), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter D. Powers and Duties › Section 36.103. Improvements and Facilities

Sec. 36.103.  IMPROVEMENTS AND FACILITIES.  (a)  A district may build, acquire, or obtain by any lawful means any property necessary for the district to carry out its purpose and the provisions of this chapter.
(b)  A district may:
(1)  acquire land to erect dams or to drain lakes, draws, and depressions;
(2)  construct dams;
(3)  drain lakes, depressions, draws, and creeks;
(4)  install pumps and other equipment necessary to recharge a groundwater reservoir or its subdivision;  and
(5)  provide necessary facilities for water conservation purposes.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 560, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter D. Powers and Duties › Section 36.104. Purchase, Sale, Transportation, and Distribution of Water

Sec. 36.104.  PURCHASE, SALE, TRANSPORTATION, AND DISTRIBUTION OF WATER.  A district may purchase, sell, transport, and distribute surface water or groundwater.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 560, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter D. Powers and Duties › Section 36.105. Eminent Domain

Sec. 36.105.  EMINENT DOMAIN.  (a)  A district may exercise the power of eminent domain to acquire by condemnation a fee simple or other interest in property if that property interest is:
(1)  within the boundaries of the district;  and
(2)  necessary for conservation purposes, including recharge and reuse.
(b)  The power of eminent domain authorized in this section may not be used for the condemnation of land for the purpose of:
(1)  acquiring rights to groundwater, surface water or water rights;  or
(2)  production, sale, or distribution of groundwater or surface water.
(c)  The district must exercise the power of eminent domain in the manner provided by Chapter 21, Property Code, but the district is not required to deposit a bond as provided by Section 21.021(a), Property Code.
(d)  In a condemnation proceeding brought by a district, the district is not required to pay in advance or give bond or other security for costs in the trial court, to give bond for the issuance of a temporary restraining order or a temporary injunction, or to give bond for costs or supersedeas on an appeal or writ of error.
(e)  In exercising the power of eminent domain, if the district requires relocating, raising, lowering, rerouting, changing the grade, or altering the construction of any railroad, highway, pipeline, or electric transmission or distribution, telegraph, or telephone lines, conduits, poles, or facilities, the district must bear the actual cost of relocating, raising, lowering, rerouting, changing the grade, or altering the construction to provide comparable replacement without enhancement of facilities after deducting the net salvage value derived from the old facility.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 560, Sec. 3, eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter D. Powers and Duties › Section 36.106. Surveys

Sec. 36.106.  SURVEYS.  A district may make surveys of the groundwater reservoir or subdivision and surveys of the facilities in order to determine the quantity of water available for production and use and to determine the improvements, development, and recharging needed by a reservoir or its subdivision.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 560, Sec. 4, eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter D. Powers and Duties › Section 36.107. Research

Sec. 36.107.  RESEARCH.  A district may carry out any research projects deemed necessary by the board.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 4.28, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter D. Powers and Duties › Section 36.1073. Amendment to Management Plan

Sec. 36.1073.  AMENDMENT TO MANAGEMENT PLAN.  Any amendment to the management plan shall be submitted to the executive administrator within 60 days following adoption of the amendment by the district's board.  The executive administrator shall review and approve any amendment which substantially affects the management plan in accordance with the procedures established under Section 36.1072.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 4.28, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 7, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter D. Powers and Duties › Section 36.1081. Technical Staff and Subcommittees for Joint Planning

Sec. 36.1081.  TECHNICAL STAFF AND SUBCOMMITTEES FOR JOINT PLANNING.  (a)  On request, the commission and the Texas Water Development Board shall make technical staff available to serve in a nonvoting advisory capacity to assist with the development of desired future conditions during the joint planning process under Section 36.108.
(b)  During the joint planning process under Section 36.108, the district representatives may appoint and convene nonvoting advisory subcommittees who represent social, governmental, environmental, or economic interests to assist in the development of desired future conditions.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1233 (S.B. 660), Sec. 17, eff. September 1, 2011.