reglab/statecodes huggingface dataset:
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8854 - Refugio Groundwater Conservation District › Subchapter A. General Provisions › Section 8854.002. Nature of District

Sec. 8854.002.  NATURE OF DISTRICT.  The district is a groundwater conservation district created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8854 - Refugio Groundwater Conservation District › Subchapter A. General Provisions › Section 8854.003. Findings of Public Use and Benefit

Sec. 8854.003.  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 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8854 - Refugio Groundwater Conservation District › Subchapter A. General Provisions › Section 8854.004. District Territory

Sec. 8854.004.  DISTRICT TERRITORY.  The district's boundaries are coextensive with the boundaries of Refugio County unless the district's territory has been modified under:
(1)  Subchapter J, Chapter 36, Water Code; or
(2)  other law.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8854 - Refugio Groundwater Conservation District › Subchapter B. Board of Directors › Section 8854.051. Composition of Board; Terms

Sec. 8854.051.  COMPOSITION OF BOARD; TERMS.  (a)  The district is governed by a board of five directors.
(b)  Directors serve staggered four-year terms.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8854 - Refugio Groundwater Conservation District › Subchapter B. Board of Directors › Section 8854.052. Election of Directors

Sec. 8854.052.  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)  When the boundaries of the county commissioners precincts are changed, each director in office on the effective date of the change or elected to a term of office beginning on or after the effective date of the change serves in the precinct to which the director was elected for the entire term to which the director was elected, even though the change in boundaries places the person's residence outside the precinct for which the person was elected.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8854 - Refugio Groundwater Conservation District › Subchapter B. Board of Directors › Section 8854.053. Election Date

Sec. 8854.053.  ELECTION DATE.  On the uniform election date in November of each even-numbered year, the appropriate number of directors shall be elected.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8854 - Refugio Groundwater Conservation District › Subchapter B. Board of Directors › Section 8854.054. Qualifications for Office

Sec. 8854.054.  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, except as provided by Section 8854.052(d).
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8854 - Refugio Groundwater Conservation District › Subchapter B. Board of Directors › Section 8854.055. Appointment on Failure to Qualify

Sec. 8854.055.  APPOINTMENT ON FAILURE TO QUALIFY.  If a director fails to qualify for office, the commissioners court shall appoint a person to fill the vacancy.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8854 - Refugio Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8854.101. Groundwater Conservation District Powers and Duties

Sec. 8854.101.  GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES.  The district has the rights, powers, privileges, functions, and duties provided by the general law of this state, including Chapter 36, Water Code, applicable to groundwater conservation districts created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8854 - Refugio Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8854.102. Authority to Set Fees

Sec. 8854.102.  AUTHORITY TO SET FEES.  (a)  In this section, "agriculture" includes:
(1)  cultivating the soil;
(2)  producing crops for:
(A)  human food;
(B)  animal feed;
(C)  planting seed; or
(D)  the production of fibers;
(3)  floriculture, viticulture, silviculture, and horticulture, including the cultivation of plants in containers or non-soil media;
(4)  raising, feeding, or keeping livestock or other animals for the production of food or fiber, leather, pelts, or other tangible products having a commercial value;
(5)  wildlife management;
(6)  planting cover crops, including cover crops cultivated for transplantation; and
(7)  leaving land idle for the purpose of participating in any governmental program or normal crop or livestock rotation procedure.
(b)  The district may set and collect fees for all services provided outside the boundaries of the district.  The fees may not unreasonably exceed the cost to the district of providing the services outside the district.
(c)  The district may assess a production fee based on the amount of water a permit authorizes to be withdrawn from a well or the amount actually withdrawn.  The district may assess a production fee instead of or in conjunction with any tax otherwise imposed by the district.  The district may use production fee revenue for any lawful purpose.  Production fees may not exceed:
(1)  $1 per acre-foot for water used for agriculture; or
(2)  $10 per acre-foot annually for water used for another purpose.
(d)  The district may assess a production fee under Subsection (c) for water that is:
(1)  produced under an exemption under Section 36.117, Water Code; and
(2)  subsequently sold to another person.
(e)  Notwithstanding Section 36.117, Water Code, the district may assess a production fee under Subsection (c) of this section for any water produced for injection into a geologic formation for the recovery of oil or natural gas.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8855 - Prairielands Groundwater Conservation District › Subchapter A. General Provisions › Section 8855.001. Definitions

Sec. 8855.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of directors of the district.
(2)  "Director" means a member of the board.
(3)  "District" means the Prairielands Groundwater Conservation District.
Added by Acts 2009, 81st Leg., R.S., Ch. 1208 (S.B. 726), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8855 - Prairielands Groundwater Conservation District › Subchapter A. General Provisions › Section 8855.002. Nature of District; Findings

Sec. 8855.002.  NATURE OF DISTRICT; FINDINGS.  (a)  The district is a groundwater conservation district initially composed of Ellis, Hill, Johnson, and Somervell Counties created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
(b)  The district is created to serve a public use and benefit.
(c)  All of the land and other property included within the boundaries of the district will be benefited by the works and projects that are to be accomplished by the district under powers conferred by this chapter and by Chapter 36, Water Code.
(d)  Any fees imposed by the district under this chapter are necessary to pay for the costs of accomplishing the purposes of the district, including the conservation and management of groundwater resources, as provided by this chapter and Section 59, Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch. 1208 (S.B. 726), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8855 - Prairielands Groundwater Conservation District › Subchapter A. General Provisions › Section 8855.003. District Territory

Sec. 8855.003.  DISTRICT TERRITORY.  The initial boundaries of the district are coextensive with the boundaries of Ellis, Hill, Johnson, and Somervell Counties.
Added by Acts 2009, 81st Leg., R.S., Ch. 1208 (S.B. 726), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8855 - Prairielands Groundwater Conservation District › Subchapter A. General Provisions › Section 8855.004. Applicability of Other Groundwater Conservation District Law

Sec. 8855.004.  APPLICABILITY OF OTHER GROUNDWATER CONSERVATION DISTRICT LAW.  Except as otherwise provided by this chapter, Chapter 36, Water Code, applies to the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1208 (S.B. 726), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8855 - Prairielands Groundwater Conservation District › Subchapter A. General Provisions › Section 8855.005. Construction of Chapter

Sec. 8855.005.  CONSTRUCTION OF CHAPTER.  This chapter shall be liberally construed to achieve the purposes expressed by this chapter and Chapter 36, Water Code.  A power granted by this chapter or Chapter 36, Water Code, shall be broadly interpreted to achieve that intent and those purposes.
Added by Acts 2009, 81st Leg., R.S., Ch. 1208 (S.B. 726), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8855 - Prairielands Groundwater Conservation District › Subchapter B. Initial Organization › Section 8855.021. Appointment of Initial Directors

Sec. 8855.021.  APPOINTMENT OF INITIAL DIRECTORS.  (a)  The district is governed by a board of eight initial directors appointed as provided by Section 8855.051(a).
(b)  Initial directors shall be appointed not later than the 90th day after the effective date of the Act enacting this chapter.  If after the 90th day fewer than eight initial directors have been appointed, each unfilled initial director position shall be considered a vacancy and filled by the remaining initial directors.
(c)  Except as provided under Subsection (b) for failure to appoint an initial director, if a vacancy occurs on the board in a position for which an initial director has previously been appointed, the appointing county commissioners court for the vacant position shall appoint a person to fill the vacancy in a manner that meets the representational requirements of Section 8855.051.
(d)  To be eligible to serve as an initial director, a person must be a registered voter in the appointing county.
(e)  Each initial director must qualify to serve as a director under Section 36.055, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1208 (S.B. 726), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8855 - Prairielands Groundwater Conservation District › Subchapter B. Initial Organization › Section 8855.022. Organizational Meeting of Initial Directors

Sec. 8855.022.  ORGANIZATIONAL MEETING OF INITIAL DIRECTORS.  As soon as practicable after all the initial directors have qualified under Section 36.055, Water Code, a majority of the initial directors shall convene the organizational meeting of the district at a location in the district agreeable to a majority of the directors.  If an agreement on location cannot be reached, the organizational meeting shall be held at a suitable location on the Hill College campus in Cleburne, Johnson County, Texas.
Added by Acts 2009, 81st Leg., R.S., Ch. 1208 (S.B. 726), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8855 - Prairielands Groundwater Conservation District › Subchapter B. Initial Organization › Section 8855.023. Initial Terms

Sec. 8855.023.  INITIAL TERMS.  (a)  The two initial directors appointed from each county shall draw lots to determine which director serves an initial term expiring August 31, 2011, and which director serves an initial term expiring August 31, 2013.
(b)  Each successor director shall be appointed and shall serve in accordance with Subchapter C.
Added by Acts 2009, 81st Leg., R.S., Ch. 1208 (S.B. 726), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8855 - Prairielands Groundwater Conservation District › Subchapter C. Board of Directors › Section 8855.051. Governing Body; Terms

Sec. 8855.051.  GOVERNING BODY; TERMS.  (a)  Except as provided by Subchapter D, the district is governed by a board of eight directors appointed as follows:
(1)  two directors appointed by the Ellis County Commissioners Court;
(2)  two directors appointed by the Hill County Commissioners Court;
(3)  two directors appointed by the Johnson County Commissioners Court; and
(4)  two directors appointed by the Somervell County Commissioners Court.
(b)  Directors serve staggered four-year terms, with the term of one director from each of the four counties expiring on August 31 of each odd-numbered year.
(c)  A director may serve multiple consecutive terms.
Added by Acts 2009, 81st Leg., R.S., Ch. 1208 (S.B. 726), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8855 - Prairielands Groundwater Conservation District › Subchapter C. Board of Directors › Section 8855.052. Director Eligibility; Qualification

Sec. 8855.052.  DIRECTOR ELIGIBILITY; QUALIFICATION.  (a)  To be eligible to serve as a director, a person must be a registered voter in the appointing county.
(b)  Each director must qualify to serve under Section 36.055, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1208 (S.B. 726), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8855 - Prairielands Groundwater Conservation District › Subchapter C. Board of Directors › Section 8855.053. Vacancies

Sec. 8855.053.  VACANCIES.  If a vacancy occurs on the board, the appointing county commissioners court for the vacant position shall appoint a person to fill the vacancy.  Section 36.051(c), Water Code, does not apply to the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1208 (S.B. 726), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8855 - Prairielands Groundwater Conservation District › Subchapter C. Board of Directors › Section 8855.054. Compensation; Reimbursement

Sec. 8855.054.  COMPENSATION; REIMBURSEMENT.  (a)  Notwithstanding Sections 36.060(a) and (d), Water Code, a director may not receive compensation for performing the duties of director.
(b)  A director is entitled to reimbursement of actual expenses reasonably and necessarily incurred while engaging in activities on behalf of the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1208 (S.B. 726), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8855 - Prairielands Groundwater Conservation District › Subchapter D. District Expansion › Section 8855.071. Expansion of District Boundaries

Sec. 8855.071.  EXPANSION OF DISTRICT BOUNDARIES.  (a)  After the effective date of the Act enacting this chapter, the district territory described in Section 8855.003 shall be expanded to include all of the territory in Navarro County, and the governing board described by Section 8855.051(a) shall be expanded to 10 members and include two directors appointed by the Navarro County Commissioners Court, if:
(1)  pursuant to Chapter 35, Water Code, the Texas Commission on Environmental Quality designates all or any portion of the territory in Navarro County as a priority groundwater management area; and
(2)  following the designation described by Subdivision (1), the commissioners court of Navarro County:
(A)  adopts a resolution that states, "By this action of the Navarro County Commissioners Court, all of the territory in Navarro County, Texas, shall, as of the date of this resolution, be included in the boundaries of the Prairielands Groundwater Conservation District"; and
(B)  appoints two directors who are registered to vote in Navarro County to the board.
(b)  A person appointed under this section must qualify to serve under Section 36.055, Water Code.
(c)  At the first regular meeting of the board following the qualification of both directors, the two directors appointed under this section shall draw lots to determine which director serves a term expiring August 31 of the first odd-numbered year after the directors' appointment, and which director serves a term expiring August 31 of the next odd-numbered year.
(d)  A director appointed under this section shall otherwise serve in accordance with Subchapter C.
Added by Acts 2009, 81st Leg., R.S., Ch. 1208 (S.B. 726), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8855 - Prairielands Groundwater Conservation District › Subchapter E. Powers and Duties › Section 8855.101. Groundwater Conservation District Powers and Duties

Sec. 8855.101.  GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES.  Except as provided by this chapter, the district has the powers and duties provided by the general law of this state applicable to groundwater conservation districts created under Section 59, Article XVI, Texas Constitution, including Chapter 36, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1208 (S.B. 726), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8855 - Prairielands Groundwater Conservation District › Subchapter E. Powers and Duties › Section 8855.102. Contracts

Sec. 8855.102.  CONTRACTS.  The district may enter into a contract with any person, public or private, for any purpose authorized by law.
Added by Acts 2009, 81st Leg., R.S., Ch. 1208 (S.B. 726), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8855 - Prairielands Groundwater Conservation District › Subchapter E. Powers and Duties › Section 8855.103. Applicability of District Regulations

Sec. 8855.103.  APPLICABILITY OF DISTRICT REGULATIONS.  Groundwater regulation under this chapter applies to all persons except as exempted from permitting under Section 36.117, Water Code, or this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1208 (S.B. 726), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8855 - Prairielands Groundwater Conservation District › Subchapter E. Powers and Duties › Section 8855.104. Well Spacing Rules; Exemptions

Sec. 8855.104.  WELL SPACING RULES; EXEMPTIONS.  (a)  Except as provided by Subsection (b), the district shall exempt from the well spacing requirements adopted by the district any well that is completed on or before the effective date of those requirements.
(b)  The district may provide by rule that a well may lose its exemption under this section if the well is modified in a manner that substantially increases the capacity of the well after the effective date of the well spacing requirements adopted by the district.
(c)  Except as provided by this section and notwithstanding Section 8855.103, the district may require a well or class of wells exempt from permitting under Chapter 36, Water Code, to comply with the well spacing requirements adopted by the district.  The district shall apply well spacing requirements uniformly to any well or class of wells based on the size or capacity of the well and without regard to the type of use of the groundwater produced by the well.
Added by Acts 2009, 81st Leg., R.S., Ch. 1208 (S.B. 726), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8855 - Prairielands Groundwater Conservation District › Subchapter E. Powers and Duties › Section 8855.105. Registration and Reporting Requirements for Certain Exempt Wells

Sec. 8855.105.  REGISTRATION AND REPORTING REQUIREMENTS FOR CERTAIN EXEMPT WELLS.  The district may adopt rules that require the owner or operator of a well or class of wells exempt from permitting under Section 36.117, Water Code, to register the well with the district and, except for a well exempt from permitting under Section 36.117(b)(1), to report groundwater withdrawals from the well using reasonable and appropriate reporting methods and frequency.
Added by Acts 2009, 81st Leg., R.S., Ch. 1208 (S.B. 726), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8855 - Prairielands Groundwater Conservation District › Subchapter E. Powers and Duties › Section 8855.106. Enforcement

Sec. 8855.106.  ENFORCEMENT.  (a)  The district may enforce this chapter against any person in the manner provided by Chapter 36, Water Code.  In lieu of a remedy available to the district under Section 36.102, Water Code, or in addition to those remedies, the district may impose a fee in addition to a fee assessed under Section 8855.152 on a person producing groundwater in violation of a district order or rule, including the failure or refusal to comply with any district order or rule relating to reducing or ceasing groundwater use.  The purpose of a fee authorized by this subsection is to serve as a disincentive to producing groundwater except as authorized by the district.
(b)  A fee imposed under Subsection (a) may not exceed an amount equal to 10 times the amount of a fee assessed under Section 8855.152.
Added by Acts 2009, 81st Leg., R.S., Ch. 1208 (S.B. 726), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8855 - Prairielands Groundwater Conservation District › Subchapter F. General Financial Provisions › Section 8855.151. Taxes Prohibited

Sec. 8855.151.  TAXES PROHIBITED.  The district may not impose a tax.  Sections 36.020(a) and 36.201-36.204, Water Code, do not apply to the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1208 (S.B. 726), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8855 - Prairielands Groundwater Conservation District › Subchapter F. General Financial Provisions › Section 8855.152. District Revenues

Sec. 8855.152.  DISTRICT REVENUES.  (a)  The district by rule, resolution, or order may establish, amend, pledge, encumber, spend the proceeds from, and assess to any person production fees, based on the amount of groundwater authorized by permit to be withdrawn from a well or on the amount of water actually withdrawn, to enable the district to fulfill its purposes and regulatory functions as provided by this chapter.  The district may use revenue generated by fees it assesses for any lawful purpose.
(b)  Notwithstanding any provision of general law to the contrary, a fee authorized by Subsection (a) may not exceed:
(1)  $1 per acre-foot annually for groundwater used for agricultural purposes; or
(2)  30 cents per thousand gallons annually for groundwater used for nonagricultural purposes.
(c)  Notwithstanding any provision of general law or this chapter to the contrary, if any, the district may assess a production fee under this section for groundwater produced from a well or class of wells exempt from permitting under Section 36.117, Water Code, except for a well exempt from permitting under Section 36.117(b)(1).  A production fee assessed by the district under this subsection must be based on the amount of groundwater actually withdrawn from the well and may not exceed the amount established by the district for permitted uses under Subsection (b)(2) of this section.
(d)  Notwithstanding Section 36.1071(f), Water Code, the district by rule, resolution, or order before the adoption of its management plan may:
(1)  establish, assess, and enforce the collection of production fees under this section; and
(2)  establish and enforce metering and reporting requirements, except for a well exempt from permitting under Section 36.117(b)(1), Water Code.
(e)  The district by rule may establish a temporary or permanent discounted fee rate for persons who prepay production fees to the district under this section on or before the dates established by district rule.
Added by Acts 2009, 81st Leg., R.S., Ch. 1208 (S.B. 726), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8856 - North Texas Groundwater Conservation District › Subchapter A. General Provisions › Section 8856.001. Definitions

Sec. 8856.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of directors of the district.
(2)  "Director" means a member of the board.
(3)  "District" means the North Texas Groundwater Conservation District.
Added by Acts 2009, 81st Leg., R.S., Ch. 248 (S.B. 2497), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8856 - North Texas Groundwater Conservation District › Subchapter A. General Provisions › Section 8856.002. Nature of District; Findings

Sec. 8856.002.  NATURE OF DISTRICT; FINDINGS.  (a)  The district is a groundwater conservation district in Collin, Cooke, and Denton Counties created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
(b)  The district is created to serve a public use and benefit.
(c)  All of the land and other property included within the boundaries of the district will be benefited by the works and projects that are to be accomplished by the district under powers conferred by this chapter and by Chapter 36, Water Code.
(d)  Any fees imposed by the district under this chapter are necessary to pay for the costs of accomplishing the purposes of the district, including the conservation and management of groundwater resources, as provided by this chapter and Section 59, Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch. 248 (S.B. 2497), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8856 - North Texas Groundwater Conservation District › Subchapter A. General Provisions › Section 8856.003. Public Hearing in Each County

Sec. 8856.003.  PUBLIC HEARING IN EACH COUNTY.  (a)  Not later than December 1, 2009, the commissioners court of each county in the district shall hold a public hearing on the topic of including the territory of the county in the district.
(b)  After the public hearings and not later than December 31, 2009, the commissioners court of each county shall vote to confirm or reject the county's inclusion in the district.  The commissioners court shall adopt a resolution reflecting the result of that vote and provide a copy of the resolution to the temporary directors.
Added by Acts 2009, 81st Leg., R.S., Ch. 248 (S.B. 2497), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8856 - North Texas Groundwater Conservation District › Subchapter A. General Provisions › Section 8856.004. Confirmation Required

Sec. 8856.004.  CONFIRMATION REQUIRED.  (a)  The creation of the district is confirmed only if the commissioners courts of two or more of the counties in the district submit a resolution confirming the county's inclusion in the district to the temporary board.  If the commissioners court of a county does not submit a resolution confirming the county's inclusion in the district to the temporary board, that county is not included in the district.  The temporary board shall provide a copy of the resolutions and the final district boundaries to the Texas Commission on Environmental Quality.
(b)  If the creation of the district is not confirmed as provided by Subsection (a) before January 1, 2010:
(1)  the district is dissolved on January 1, 2010, except that:
(A)  any debts incurred shall be paid;
(B)  any assets that remain after the payment of debts shall be transferred in equal amounts to Collin, Cooke, and Denton Counties; and
(C)  the organization of the district shall be maintained until all debts are paid and remaining assets are transferred; and
(2)  this chapter expires September 1, 2011.
Added by Acts 2009, 81st Leg., R.S., Ch. 248 (S.B. 2497), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8856 - North Texas Groundwater Conservation District › Subchapter A. General Provisions › Section 8856.005. Initial District Territory

Sec. 8856.005.  INITIAL DISTRICT TERRITORY.  The initial boundaries of the district are coextensive with the boundaries of Collin, Cooke, and Denton Counties.
Added by Acts 2009, 81st Leg., R.S., Ch. 248 (S.B. 2497), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8856 - North Texas Groundwater Conservation District › Subchapter A. General Provisions › Section 8856.006. Applicability of Other Groundwater Conservation District Law

Sec. 8856.006.  APPLICABILITY OF OTHER GROUNDWATER CONSERVATION DISTRICT LAW.  Except as otherwise provided by this chapter, Chapter 36, Water Code, applies to the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 248 (S.B. 2497), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8856 - North Texas Groundwater Conservation District › Subchapter A. General Provisions › Section 8856.007. Construction of Chapter

Sec. 8856.007.  CONSTRUCTION OF CHAPTER.  This chapter shall be liberally construed to achieve the legislative intent and purposes of Chapter 36, Water Code.  A power granted by Chapter 36, Water Code, or this chapter shall be broadly interpreted to achieve that intent and those purposes.
Added by Acts 2009, 81st Leg., R.S., Ch. 248 (S.B. 2497), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8856 - North Texas Groundwater Conservation District › Subchapter B. Board of Directors › Section 8856.051. Governing Body; Terms

Sec. 8856.051.  GOVERNING BODY; TERMS.  (a)  The district is governed by a board of six or nine directors appointed as provided by this section.
(b)  If the Commissioners Courts of Collin, Cooke, and Denton Counties confirm the inclusion of those counties in the district, nine directors shall be appointed as follows:
(1)  the Collin County Commissioners Court shall appoint three directors;
(2)  the Cooke County Commissioners Court shall appoint three directors; and
(3)  the Denton County Commissioners Court shall appoint three directors.
(c)  If the commissioners courts of only two of the counties confirm the inclusion of those counties in the district, the commissioners court of each of those counties shall appoint three directors.
(d)  The commissioners court of each appointing county shall appoint two of the three directors from that county as follows:
(1)  one director from a slate of not more than three nominees submitted by the largest municipal groundwater producer in the county; and
(2)  one director from a slate of not more than three nominees submitted by the other groundwater producers in that county.
(e)  Directors serve staggered four-year terms, with the term of one or two directors from each appointing county expiring on June 1 of each odd-numbered year.
(f)  A director may serve multiple consecutive terms.
(g)  A position on the board may not be construed to be a civil office of emolument for any purpose, including a purpose described by Section 40, Article XVI, Texas Constitution.
(h)  A person who qualifies to serve on the board may serve as a director and participate in all votes relating to the business of the district regardless of any common law doctrine of incompatibility.  Section 36.051, Water Code, does not apply to the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 248 (S.B. 2497), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8856 - North Texas Groundwater Conservation District › Subchapter B. Board of Directors › Section 8856.052. Director Eligibility; Qualification

Sec. 8856.052.  DIRECTOR ELIGIBILITY; QUALIFICATION.  (a)  To be eligible to serve as a director, a person must be a registered voter in the appointing county.
(b)  Each director must qualify to serve in the manner provided by Section 36.055, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 248 (S.B. 2497), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8856 - North Texas Groundwater Conservation District › Subchapter B. Board of Directors › Section 8856.053. Vacancies

Sec. 8856.053.  VACANCIES.  If a vacancy occurs on the board, the commissioners court that appointed the director who vacated the office shall appoint a person to fill the vacancy in a manner that meets the representational requirements of Section 8856.051.
Added by Acts 2009, 81st Leg., R.S., Ch. 248 (S.B. 2497), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8856 - North Texas Groundwater Conservation District › Subchapter B. Board of Directors › Section 8856.054. Compensation; Reimbursement

Sec. 8856.054.  COMPENSATION; REIMBURSEMENT.  (a)  Notwithstanding Sections 36.060(a) and (d), Water Code, a director may not receive compensation for performing the duties of director.
(b)  A director is entitled to reimbursement of actual expenses reasonably and necessarily incurred while engaging in activities on behalf of the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 248 (S.B. 2497), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8856 - North Texas Groundwater Conservation District › Subchapter B. Board of Directors › Section 8856.055. Board Chair

Sec. 8856.055.  BOARD CHAIR.  The board shall select one of its members to serve as the chair for a two-year term.  The position of chair must rotate among the counties in the district every two years in alphabetical order by county.
Added by Acts 2009, 81st Leg., R.S., Ch. 248 (S.B. 2497), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8856 - North Texas Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8856.101. Groundwater Conservation District Powers and Duties

Sec. 8856.101.  GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES.  Except as provided by this chapter, the district has the powers and duties provided by the general law of this state, including Chapter 36, Water Code, applicable to groundwater conservation districts created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch. 248 (S.B. 2497), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8856 - North Texas Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8856.102. Contracts

Sec. 8856.102.  CONTRACTS.  The district may enter into a contract with any person, public or private, for any purpose authorized by law.
Added by Acts 2009, 81st Leg., R.S., Ch. 248 (S.B. 2497), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8856 - North Texas Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8856.103. Applicability of District Regulations

Sec. 8856.103.  APPLICABILITY OF DISTRICT REGULATIONS.  Groundwater regulation under this chapter applies to all persons except as exempted from the requirement to obtain a permit for a well under Section 36.117, Water Code, or this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 248 (S.B. 2497), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8856 - North Texas Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8856.104. Well Spacing Rules; Exemptions

Sec. 8856.104.  WELL SPACING RULES; EXEMPTIONS.  (a)  Except as provided by Subsection (b), the district shall exempt from the well spacing requirements adopted by the district any well that is completed on or before the effective date of those requirements.
(b)  The district may provide by rule that a well may lose its exemption under this section if the well is modified in a manner that substantially increases the capacity of the well after the effective date of the well spacing requirements adopted by the district.
(c)  Except as provided by this section and notwithstanding Section 8856.103, the district may require any well or class of wells exempt from permitting under Chapter 36, Water Code, to comply with the well spacing requirements adopted by the district.  The district shall apply well spacing requirements uniformly to any well or class of wells based on the size or capacity of the well and without regard to the type of use of the groundwater produced by the well.
Added by Acts 2009, 81st Leg., R.S., Ch. 248 (S.B. 2497), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8856 - North Texas Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8856.105. Registration and Reporting Requirements for Certain Exempt Wells

Sec. 8856.105.  REGISTRATION AND REPORTING REQUIREMENTS FOR CERTAIN EXEMPT WELLS.  The district may adopt rules that require the owner or operator of a well or class of wells exempt from permitting under Section 36.117, Water Code, to register the well with the district and, except for a well exempt from permitting under Subsection (b)(1) of that section, to report groundwater withdrawals from the well using reasonable and appropriate reporting methods and frequency.
Added by Acts 2009, 81st Leg., R.S., Ch. 248 (S.B. 2497), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8856 - North Texas Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8856.106. Enforcement

Sec. 8856.106.  ENFORCEMENT.  (a)  The district may enforce this chapter in the manner provided by Chapter 36, Water Code.  In lieu of a remedy available to the district under Section 36.102, Water Code, or in addition to those remedies, the district may impose a fee in addition to a fee assessed under Section 8856.152 on a person producing groundwater in violation of a rule of the district, including the failure or refusal to comply with any order or rule of the district to reduce or cease groundwater usage.  The purpose of a fee authorized under this subsection is to serve as a disincentive to producing groundwater except as authorized by the district.
(b)  A fee imposed under Subsection (a) may not exceed an amount equal to 10 times the amount of a fee assessed under Section 8856.152.
Added by Acts 2009, 81st Leg., R.S., Ch. 248 (S.B. 2497), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8856 - North Texas Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8856.107. No Eminent Domain Power

Sec. 8856.107.  NO EMINENT DOMAIN POWER.  The district may not exercise the power of eminent domain.
Added by Acts 2009, 81st Leg., R.S., Ch. 248 (S.B. 2497), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8856 - North Texas Groundwater Conservation District › Subchapter D. General Financial Provisions › Section 8856.151. Taxes Prohibited

Sec. 8856.151.  TAXES PROHIBITED.  The district may not impose a tax.  Sections 36.020(a) and 36.201-36.204, Water Code, do not apply to the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 248 (S.B. 2497), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8856 - North Texas Groundwater Conservation District › Subchapter D. General Financial Provisions › Section 8856.152. District Revenues

Sec. 8856.152.  DISTRICT REVENUES.  (a)  The district by rule, resolution, or order may establish, amend, pledge, encumber, expend the proceeds from, and assess to any person production fees based on the amount of groundwater authorized by permit to be withdrawn from a well or on the amount of water actually withdrawn, to enable the district to fulfill its purposes and regulatory functions as provided by this chapter.  The district may use revenues generated by fees it assesses for any lawful purpose.
(b)  Notwithstanding any provision of general law to the contrary, a fee authorized by Subsection (a) may not exceed:
(1)  $1 per acre-foot annually for groundwater used for agricultural purposes; or
(2)  30 cents per thousand gallons annually for groundwater used for nonagricultural purposes.
(c)  Notwithstanding any provision of general law or this chapter to the contrary, if any, the district may assess a production fee under this section for groundwater produced from a well or class of wells exempt from permitting under Section 36.117, Water Code, except for a well exempted under Subsection (b)(1) of that section.  A production fee assessed by the district under this subsection must be based on the amount of groundwater actually withdrawn from the well and may not exceed the amount established by the district for permitted uses under Subsection (b)(2) of this section.
(d)  Notwithstanding Section 36.1071(f), Water Code, the district by rule, resolution, or order before the adoption of its management plan may:
(1)  establish, assess, and enforce the collection of production fees under this section; and
(2)  establish and enforce metering and reporting requirements, except for a well exempt from permitting under Section 36.117(b)(1), Water Code.
(e)  The district by rule may establish a temporary or permanent discounted fee rate for persons who prepay production fees to the district under this section on or before the dates established by district rule.
(f)  The district may not charge an export fee to a producer of groundwater withdrawn from a well in the district who distributes the water to any part of the territory under the provider's certificate of public convenience and necessity even if the territory is outside the district's boundaries.
Added by Acts 2009, 81st Leg., R.S., Ch. 248 (S.B. 2497), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8857 - Texana Groundwater Conservation District › Subchapter A. General Provisions › Section 8857.001. Definitions

Sec. 8857.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "Director" means a board member.
(3)  "District" means the Texana Groundwater Conservation District.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8857 - Texana Groundwater Conservation District › Subchapter A. General Provisions › Section 8857.002. Nature of District

Sec. 8857.002.  NATURE OF DISTRICT.  The district is a groundwater conservation district created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.