reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter D. Powers and Duties › Section 36.10835. Judicial Appeal of Desired Future Conditions

Sec. 36.10835.  JUDICIAL APPEAL OF DESIRED FUTURE CONDITIONS.  (a)  A final district order issued under Section 36.1083 may be appealed to a district court with jurisdiction over any part of the territory of the district that issued the order.  An appeal under this subsection must be filed with the district court not later than the 45th day after the date the district issues the final order.  The case shall be decided under the substantial evidence standard of review as provided by Section 2001.174, Government Code.  If the court finds that a desired future condition is unreasonable, the court shall strike the desired future condition and order the districts in the same management area as the district that received the petition to reconvene not later than the 60th day after the date of the court order in a joint planning meeting for the purpose of revising the desired future condition.  The districts in the management area shall follow the procedures in Section 36.108 to adopt new desired future conditions applicable to the district that received the petition.
(b)  A court's finding under this section does not apply to a desired future condition that is not a matter before the court.
Added by Acts 2015, 84th Leg., R.S., Ch. 993 (H.B. 200), Sec. 5, eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter D. Powers and Duties › Section 36.1084. Modeled Available Groundwater

Sec. 36.1084.  MODELED AVAILABLE GROUNDWATER.  (a)  The Texas Water Development Board shall require the districts in a management area to submit to the executive administrator not later than the 60th day after the date on which the districts adopted desired future conditions under Section 36.108(d-3):
(1)  the desired future conditions adopted under Section 36.108;
(2)  proof that notice was posted for the joint planning meeting; and
(3)  the desired future conditions explanatory report.
(b)  The executive administrator shall provide each district and regional water planning group located wholly or partly in the management area with the modeled available groundwater in the management area based upon the desired future conditions adopted by the districts.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1233 (S.B. 660), Sec. 17, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter D. Powers and Duties › Section 36.1085. Management Plan Goals and Objectives

Sec. 36.1085.  MANAGEMENT PLAN GOALS AND OBJECTIVES.  Each district in the management area shall ensure that its management plan contains goals and objectives consistent with achieving the desired future conditions of the relevant aquifers as adopted during the joint planning process.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1233 (S.B. 660), Sec. 17, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter D. Powers and Duties › Section 36.1086. Joint Efforts by Districts in a Management Area

Sec. 36.1086.  JOINT EFFORTS BY DISTRICTS IN A MANAGEMENT AREA.   Districts located within the same management areas or in adjacent management areas may contract to jointly conduct studies or research, or to construct projects, under terms and conditions that the districts consider beneficial.  These joint efforts may include studies of groundwater availability and quality, aquifer modeling, and the interaction of groundwater and surface water; educational programs; the purchase and sharing of equipment; and the implementation of projects to make groundwater available, including aquifer recharge, brush control, weather modification, desalination, regionalization, and treatment or conveyance facilities.  The districts may contract under their existing authorizations including those of Chapter 791, Government Code, if their contracting authority is not limited by Sections 791.011(c)(2) and (d)(3) and Section 791.014, Government Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1233 (S.B. 660), Sec. 17, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter D. Powers and Duties › Section 36.109. Collection of Information

Sec. 36.109.  COLLECTION OF INFORMATION.  A district may collect any information the board deems necessary, including information regarding the use of groundwater, water conservation, and the practicability of recharging a groundwater reservoir.  At the request of the executive administrator, the district shall provide any data collected by the district in a format acceptable to the executive administrator.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 9, 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 36.110. Publication of Plans and Information

Sec. 36.110.  PUBLICATION OF PLANS AND INFORMATION.  A district may publish its plans and the information it develops, bring them to the attention of the users of groundwater in the district, and encourage the users to adopt and use them.
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 D. Powers and Duties › Section 36.111. Records and Reports

Sec. 36.111.  RECORDS AND REPORTS.  (a)  The district may require that records be kept and reports be made of the drilling, equipping, and completing of water wells and of the production and use of groundwater.
(b)  In implementing Subsection (a), a district may adopt rules that require an owner or operator of a water well that is required to be registered with or permitted by the district, except for the owner or operator of a well that is exempt from permit requirements under Section 36.117(b)(1), to report groundwater withdrawals using reasonable and appropriate reporting methods and frequency.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 523 (S.B. 714), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter D. Powers and Duties › Section 36.112. Drillers' Logs

Sec. 36.112.  DRILLERS' LOGS.  A district shall require that accurate drillers' logs be kept of water wells and that copies of drillers' logs and electric logs be filed with the district.
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 D. Powers and Duties › Section 36.1131. Elements of Permit

Sec. 36.1131.  ELEMENTS OF PERMIT.  (a)  A permit issued by the district to the applicant under Section 36.113 shall state the terms and provisions prescribed by the district.
(b)  The permit may include:
(1)  the name and address of the person to whom the permit is issued;
(2)  the location of the well;
(3)  the date the permit is to expire if no well is drilled;
(4)  a statement of the purpose for which the well is to be used;
(5)  a requirement that the water withdrawn under the permit be put to beneficial use at all times;
(6)  the location of the use of the water from the well;
(7)  a water well closure plan or a declaration that the applicant will comply with well plugging guidelines and report closure to the commission;
(8)  the conditions and restrictions, if any, placed on the rate and amount of withdrawal;
(9)  any conservation-oriented methods of drilling and operating prescribed by the district;
(10)  a drought contingency plan prescribed by the district;  and
(11)  other terms and conditions as provided by Section 36.113.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 4.31, 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 36.1132. Permits Based on Modeled Available Groundwater

Sec. 36.1132.  PERMITS BASED ON MODELED AVAILABLE GROUNDWATER.  (a)  A district, to the extent possible, shall issue permits up to the point that the total volume of exempt and permitted groundwater production will achieve an applicable desired future condition under Section 36.108.
(b)  In issuing permits, the district shall manage total groundwater production on a long-term basis to achieve an applicable desired future condition and consider:
(1)  the modeled available groundwater determined by the executive administrator;
(2)  the executive administrator's estimate of the current and projected amount of groundwater produced under exemptions granted by district rules and Section 36.117;
(3)  the amount of groundwater authorized under permits previously issued by the district;
(4)  a reasonable estimate of the amount of groundwater that is actually produced under permits issued by the district; and
(5)  yearly precipitation and production patterns.
(c)  In developing the estimate of exempt use under Subsection (b)(2), the executive administrator shall solicit information from each applicable district.
Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 11, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 18 (S.B. 737), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter D. Powers and Duties › Section 36.114. Permit; Permit Amendment; Application and Hearing

Sec. 36.114.  PERMIT; PERMIT AMENDMENT; APPLICATION AND HEARING.  (a)  The district by rule shall determine each activity regulated by the district for which a permit or permit amendment is required.
(b)  For each activity for which the district determines a permit or permit amendment is required under Subsection (a), and that is not exempt from a hearing requirement under Section 36.1145, the district by rule shall determine whether a hearing on the permit or permit amendment application is required.
(c)  For all applications for which a hearing is not required under Subsection (b) or Section 36.1145, the board shall act on the application at a meeting, as defined by Section 551.001, Government Code, unless the board by rule has delegated to the general manager the authority to act on the application.
(d)  The district shall promptly consider and act on each administratively complete application for a permit or permit amendment as provided by Subsection (c) or Subchapter M.
(e)  If, within 60 days after the date an administratively complete application is submitted, the application has not been acted on or set for a hearing on a specific date, the applicant may petition the district court of the county where the land is located for a writ of mandamus to compel the district to act on the application or set a date for a hearing on the application, as appropriate.
(f)  For applications requiring a hearing, the initial hearing shall be held within 35 days after the setting of the date, and the district shall act on the application within 60 days after the date the final hearing on the application is concluded.
(g)  The district may by rule set a time when an application will expire if the information requested in the application is not provided to the district.
(h)  An application is administratively complete if it contains the information set forth under Sections 36.113 and 36.1131.  A district shall not require that additional information be included in an application for a determination of administrative completeness.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 319, Sec. 1, eff. May 24, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 10, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 308 (S.B. 854), Sec. 3, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 1119 (S.B. 1009), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter D. Powers and Duties › Section 36.1145. Operating Permit Renewal

Sec. 36.1145.  OPERATING PERMIT RENEWAL.  (a)  Except as provided by Subsection (b), a district shall without a hearing renew or approve an application to renew an operating permit before the date on which the permit expires, provided that:
(1)  the application, if required by the district, is submitted in a timely manner and accompanied by any required fees in accordance with district rules; and
(2)  the permit holder is not requesting a change related to the renewal that would require a permit amendment under district rules.
(b)  A district is not required to renew a permit under this section if the applicant:
(1)  is delinquent in paying a fee required by the district;
(2)  is subject to a pending enforcement action for a substantive violation of a district permit, order, or rule that has not been settled by agreement with the district or a final adjudication; or
(3)  has not paid a civil penalty or has otherwise failed to comply with an order resulting from a final adjudication of a violation of a district permit, order, or rule.
(c)  If a district is not required to renew a permit under Subsection (b)(2), the permit remains in effect until the final settlement or adjudication on the matter of the substantive violation.
Added by Acts 2015, 84th Leg., R.S., Ch. 308 (S.B. 854), Sec. 4, eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter D. Powers and Duties › Section 36.1146. Change in Operating Permits

Sec. 36.1146.  CHANGE IN OPERATING PERMITS.  (a)  If the holder of an operating permit, in connection with the renewal of a permit or otherwise, requests a change that requires an amendment to the permit under district rules, the permit as it existed before the permit amendment process remains in effect until the later of:
(1)  the conclusion of the permit amendment or renewal process, as applicable; or
(2)  final settlement or adjudication on the matter of whether the change to the permit requires a permit amendment.
(b)  If the permit amendment process results in the denial of an amendment, the permit as it existed before the permit amendment process shall be renewed under Section 36.1145 without penalty, unless Subsection (b) of that section applies to the applicant.
(c)  A district may initiate an amendment to an operating permit, in connection with the renewal of a permit or otherwise, in accordance with the district's rules.  If a district initiates an amendment to an operating permit, the permit as it existed before the permit amendment process shall remain in effect until the conclusion of the permit amendment or renewal process, as applicable.
Added by Acts 2015, 84th Leg., R.S., Ch. 308 (S.B. 854), Sec. 4, eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter D. Powers and Duties › Section 36.115. Drilling or Altering Well Without Permit

Sec. 36.115.  DRILLING OR ALTERING WELL WITHOUT PERMIT.  (a)  No person, firm, or corporation may drill a well without first obtaining a permit from the district.
(b)  No person, firm, or corporation may alter the size of a well or well pump such that it would bring that well under the jurisdiction of the district without first obtaining a permit from the district.
(c)  No person, firm, or corporation may operate a well without first obtaining a permit from the district.
(d)  A violation occurs on the first day the drilling, alteration, or operation begins and continues each day thereafter until the appropriate permits are approved.
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 D. Powers and Duties › Section 36.118. Open or Uncovered Wells

Sec. 36.118.  OPEN OR UNCOVERED WELLS.  (a)  A district may require the owner or lessee of land on which an open or uncovered well is located to keep the well permanently closed or capped with a covering capable of sustaining weight of at least 400 pounds, except when the well is in actual use.
(b)  As used in this section, "open or uncovered well" means an artificial excavation dug or drilled for the purpose of exploring for or producing water from the groundwater reservoir and is not capped or covered as required by this chapter.
(c)  If the owner or lessee fails or refuses to close or cap the well in compliance with this chapter in accordance with district rules, any person, firm, or corporation employed by the district may go on the land and close or cap the well safely and securely.
(d)  Reasonable expenses incurred by the district in closing or capping a well constitute a lien on the land on which the well is located.
(e)  The lien arises and attaches upon recordation in the deed records of the county where the well is located an affidavit, executed by any person conversant with the facts, stating the following:
(1)  the existence of the well;
(2)  the legal description of the property on which the well is located;
(3)  the approximate location of the well on the property;
(4)  the failure or refusal of the owner or lessee, after notification, to close the well within 10 days after the notification;
(5)  the closing of the well by the district, or by an authorized agent, representative, or employee of the district;  and
(6)  the expense incurred by the district in closing the well.
(f)  Nothing in this section affects the enforcement of Subchapter A, Chapter 756, Health and Safety 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 D. Powers and Duties › Section 36.120. Information

Sec. 36.120.  INFORMATION.  On request of the executive director or the executive administrator, the district shall make available information that it acquires concerning the groundwater resources within its jurisdiction.  The district shall also provide information to the commission and Texas Water Development Board concerning its plans and activities in conserving and protecting groundwater resources.  On request of a district, the executive director and the executive administrator shall provide information they acquire concerning the groundwater resources within the district's jurisdiction.
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 D. Powers and Duties › Section 36.121. Limitation on Rulemaking Power of Districts Over Wells in Certain Counties

Sec. 36.121.  LIMITATION ON RULEMAKING POWER OF DISTRICTS OVER WELLS IN CERTAIN COUNTIES.  Except as provided by Section 36.117, a district that is created under this chapter on or after September 1, 1991, shall exempt from regulation under this chapter a well and any water produced or to be produced by a well that is located in a county that has a population of 15,500 or less if the water is to be used solely to supply a municipality that has a population of 125,500 or less and the rights to the water produced from the well are owned by a political subdivision that is not a municipality, or by a municipality that has a population of 133,000 or less, and that purchased, owned, or held rights to the water before the date on which the district was created, regardless of the date the well is drilled or the water is produced.  The district may not prohibit the political subdivision or municipality from transporting produced water inside or outside the district's boundaries.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 966, Sec. 11.04, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1042 (H.B. 3109), Sec. 1, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 181, eff. September 1, 2011.
Reenacted by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 21.002, eff. September 1, 2013.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 280, 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 36.123. Right to Enter Land

Sec. 36.123.  RIGHT TO ENTER LAND.  (a)  The directors, engineers, attorneys, agents, operators, and employees of a district or water supply corporation may go on any land to inspect, make surveys, or perform tests to determine the condition, value, and usability of the property, with reference to the proposed location of works, improvements, plants, facilities, equipment, or appliances.  The cost of restoration shall be borne by the district or the water supply corporation.
(b)  District employees and agents are entitled to enter any public or private property within the boundaries of the district or adjacent to any reservoir or other property owned by the district at any reasonable time for the purpose of inspecting and investigating conditions relating to the quality of water in the state or the compliance with any rule, regulation, permit, or other order of the district.  District employees or agents acting under this authority who enter private property shall observe the establishment's rules and regulations concerning safety, internal security, and fire protection and shall notify any occupant or management of their presence and shall exhibit proper credentials.
Added by Acts 1999, 76th Leg., ch. 1354, Sec. 3, 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 36.124. District Act or Proceeding Presumed Valid

Sec. 36.124.  DISTRICT ACT OR PROCEEDING PRESUMED VALID.  (a)  A governmental act or proceeding of a district is conclusively presumed, as of the date it occurred, valid and to have occurred in accordance with all applicable statutes and rules if:
(1)  the third anniversary of the effective date of the act or proceeding has expired;  and
(2)  a lawsuit to annul or invalidate the act or proceeding has not been filed on or before that third anniversary.
(b)  This section does not apply to:
(1)  an act or proceeding that was void at the time it occurred;
(2)  an act or proceeding that, under a statute of this state or the United States, was a misdemeanor or felony at the time the act or proceeding occurred;
(3)  a rule that, at the time it was passed, was preempted by a statute of this state or the United States, including Section 1.06 or 109.57, Alcoholic Beverage Code;  or
(4)  a matter that on the effective date of this section:
(A)  is involved in litigation if the litigation ultimately results in the matter being held invalid by a final judgment of a court;  or
(B)  has been held invalid by a final judgment of a court.
Added by Acts 2001, 77th Leg., ch. 389, Sec. 1, eff. May 28, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter E. District Finances › Section 36.151. Expenditures

Sec. 36.151.  EXPENDITURES.  (a)  A district's money may be disbursed only by check, draft, order, or other instrument.
(b)  Disbursements, other than federal reserve wire transfers or electronic fund transfers, shall be signed by at least two directors, except the board may by resolution allow certain employees of the district, or a combination of employees and directors, to sign disbursements on behalf of the board.  The board may authorize payroll disbursements by electronic direct deposit.
(c)  The board may by resolution allow disbursements to be transferred by federal reserve wire system, or by electronic means, to accounts in the name of the district or accounts not in the name of the district.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 585 (S.B. 865), Sec. 1, eff. June 9, 2017.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter E. District Finances › Section 36.152. Fiscal Year

Sec. 36.152.  FISCAL YEAR.  (a)  The district shall be operated on the basis of a fiscal year established by the board.
(b)  The fiscal year may not be changed during a period in which revenue bonds of the district are outstanding or more than once in a 24-month period.
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 E. District Finances › Section 36.153. Annual Audit

Sec. 36.153.  ANNUAL AUDIT.  (a)  Annually and subject to Subsection (c), the board shall have an audit made of the financial condition of the district. The district audit shall be performed according to the generally accepted government auditing standards adopted by the American Institute of Certified Public Accountants.
(b)  Financial statements shall be prepared in accordance with generally accepted accounting principles as adopted by the American Institute of Certified Public Accountants. The annual audit and other district records must be open to inspection during regular business hours at the principal office of the district.
(c)  The district is exempt from the requirement under Subsection (a) if it had:
(1)  not more than $500 in receipts from operations, tax assessments, loans, contributions, or any other sources during the calendar year;
(2)  not more than $500 in disbursements of funds during the calendar year;
(3)  no bonds or other liabilities with terms of more than one year outstanding during the calendar year;  and
(4)  no cash or investments amounting to more than $5,000 at any time during the calendar year.
(d)  A financially dormant district may elect not to conduct an audit and instead submit to the executive director a financial dormancy affidavit.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 785, Sec. 52, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 415 (H.B. 2767), Sec. 9, eff. June 10, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter E. District Finances › Section 36.154. Annual Budget

Sec. 36.154.  ANNUAL BUDGET.  (a)  The board shall prepare and approve an annual budget.
(b)  The budget shall contain a complete financial statement, including a statement of:
(1)  the outstanding obligations of the district;
(2)  the amount of cash on hand to the credit of each fund of the district;
(3)  the amount of money received by the district from all sources during the previous year;
(4)  the amount of money available to the district from all sources during the ensuing year;
(5)  the amount of the balances expected at the end of the year in which the budget is being prepared;
(6)  the estimated amount of revenues and balances available to cover the proposal budget;  and
(7)  the estimated tax rate or fee revenues that will be required.
(c)  The annual budget may be amended on the board's approval.
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 E. District Finances › Section 36.155. Depository

Sec. 36.155.  DEPOSITORY.  (a)  The board shall name one or more banks to serve as depository for the district funds.
(b)  District funds, other than those transmitted to a bank for payment of bonds issued by the district, shall be deposited as received with the depository bank and shall remain on deposit.  This subsection does not limit the power of the board to place a portion of the district's funds on time deposit or to purchase certificates of deposit.
(c)  To the extent that funds in the depository are not insured by the Federal Deposit Insurance Corporation, they shall be secured in the manner provided by law for the security of funds by the Public Funds Collateral Act, Chapter 2257, 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 E. District Finances › Section 36.156. Investments

Sec. 36.156.  INVESTMENTS.  (a)  Funds of the district may be invested and reinvested in accordance with the provisions of the Public Funds Investment Act, Chapter 2256, Government Code.
(b)  The board, by resolution, may provide that an authorized representative of the district may invest and reinvest the funds of the district and provide for money to be withdrawn from the appropriate accounts of the district for investments on such terms as the board considers advisable.
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 E. District Finances › Section 36.1561. Investment Officer

Sec. 36.1561.  INVESTMENT OFFICER.  (a)  Notwithstanding Section 2256.005(f), Government Code, the board may contract with a person to act as investment officer of the district.
(b)  The investment officer of a district shall:
(1)  not later than the first anniversary of the date the officer takes office or assumes the officer's duties, attend a training session of at least six hours of instruction relating to investment responsibilities under Chapter 2256, Government Code;  and
(2)  attend at least four hours of additional investment training within each two-year period after the first year.
(c)  Training under this section must be from an independent source approved by:
(1)  the board;  or
(2)  a designated investment committee advising the investment officer.
(d)  Training under this section must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with Chapter 2256, Government Code.
(e)  During January of each year, each individual, association, business, organization, governmental entity, or other person that provides training under this section shall report to the comptroller a list of the districts for which the person provided required training under this section during the previous calendar year.  An individual's reporting requirements under this subsection are satisfied by a report of the individual's employer or the sponsoring or organizing entity of a training program or seminar.
Added by Acts 2001, 77th Leg., ch. 69, Sec. 1, eff. May 14, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter E. District Finances › Section 36.157. Repayment of Organizational Expenses

Sec. 36.157.  REPAYMENT OF ORGANIZATIONAL EXPENSES.  (a)  A district, or the county or counties where the district is to be located, may pay all costs and expenses necessarily incurred in the creation and organization of a district, including legal fees and other incidental expenses, and may reimburse any person, including a county, for money advanced for these purposes.
(b)  Payments may be made from money obtained from the sale of bonds first issued by the district or out of maintenance taxes or other revenues of the district.
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. 10, eff. June 10, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter E. District Finances › Section 36.158. Grants

Sec. 36.158.  GRANTS.  A district may make or accept grants, gratuities, advances, or loans in any form to or from any source approved by the board, including any governmental entity, and may enter into contracts, agreements, and covenants in connection with grants, gratuities, advances, or loans that the board considers appropriate.
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 E. District Finances › Section 36.159. Groundwater Conservation District Management Plan Funds

Sec. 36.159.  GROUNDWATER CONSERVATION DISTRICT MANAGEMENT PLAN FUNDS.  The Texas Water Development Board may allocate funds from the water assistance fund to a district to:
(1)  conduct initial data collections under this chapter;
(2)  develop and implement a long-term management plan under Section 36.1071; and
(3)  participate in regional water plans.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 4.34, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 415 (H.B. 2767), Sec. 11, eff. June 10, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter E. District Finances › Section 36.160. Funds

Sec. 36.160.  FUNDS.  The Texas Water Development Board, the commission, the Parks and Wildlife Department, the Texas Agricultural Extension Service, and institutions of higher education may allocate funds to carry out the objectives of this chapter and Chapter 35, which include but are not limited to:
(1)  conducting initial and subsequent studies and surveys under Sections 36.106, 36.107, and 36.109;
(2)  providing appropriate education in affected areas identified in Section 35.007 relating to the problems and issues concerning water management that may arise;
(3)  processing priority groundwater management area evaluations under this chapter and Chapter 35;
(4)  providing technical and administrative assistance to newly created districts under this chapter and Chapter 35;
(5)  covering the costs of newspaper notices required under Sections 35.009 and 36.014 and failed elections in accordance with Sections 35.014(c), 36.017(h), and 36.019;  and
(6)  providing for assistance from the Parks and Wildlife Department to the Texas Water Development Board or a district for the purpose of assessing fish and wildlife resource habitat needs as they may apply to overall management plan goals and objectives of the district.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 4.34, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter E. District Finances › Section 36.161. Eligibility for Funding

Sec. 36.161.  ELIGIBILITY FOR FUNDING.  (a)  The Texas Water Development Board may provide funds under Sections 36.159 and 36.160, Chapters 15, 16, and 17, and Subchapter L of this chapter to a district if the Texas Water Development Board determines that such funding will allow the district to comply or continue to comply with provisions of this chapter.
(b)  The Texas Water Development Board may, after notice and hearing, discontinue funding described in Subsection (a) if the Texas Water Development Board finds that the district is not using the funds to comply with the provisions of this chapter.
(c)  The Texas Water Development Board, when considering a discontinuance under Subsection (b), shall give written notice of the hearing to the district at least 20 days before the date set for the hearing.  The hearing shall be conducted in accordance with Chapter 2001, Government Code, or the rules of the respective agency.  General notice of the hearing shall be given in accordance with the rules of the agency.
(d)  The Texas Water Development Board may delegate to the State Office of Administrative Hearings the responsibility to conduct a hearing under this section.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 4.34, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter F. Bonds and Notes › Section 36.171. Issuance of Bonds and Notes

Sec. 36.171.  ISSUANCE OF BONDS AND NOTES.  (a)  The board may issue and sell bonds and notes in the name of the district for any lawful purpose of the district.  A district may not issue bonds unless the commission determines that the project to be financed by the bonds is feasible and issues an order approving the issuance of the bonds.  This section does not apply to refunding bonds.
(b)  A district may submit to the commission a written application for investigation of feasibility.  An engineer's report describing the project, including the data, profiles, maps, plans, and specifications prepared in connection with the report, must be submitted with the application.
(c)  The executive director shall examine the application and the report and shall inspect the project area.  The district shall, on request, supply the executive director with additional data and information necessary for an investigation of the application, the engineer's report, and the project.
(d)  The executive director shall prepare a written report on the project and include suggestions, if any, for changes or improvements in the project.  The executive director shall retain a copy of the report and send a copy of the report to both the commission and the district.
(e)  The commission shall consider the application, the engineer's report, the executive director's report, and any other evidence allowed by commission rule to be considered in determining the feasibility of the project.
(f)  The commission shall determine whether the project to be financed by the bonds is feasible and issue an order either approving or disapproving, as appropriate, the issuance of the bonds.  The commission shall retain a copy of the order and send a copy of the order to the district.
(g)  Notwithstanding any provision of this code to the contrary, the commission may approve the issuance of bonds of a district without the submission of plans and specifications of the improvements to be financed with the bonds.  The commission may condition the approval on any terms or conditions considered appropriate by the commission.
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 F. Bonds and Notes › Section 36.172. Manner of Repayment of Bonds and Notes

Sec. 36.172.  MANNER OF REPAYMENT OF BONDS AND NOTES.  The board may provide for the payment of principal of and interest on the bonds and notes in any one of the following manners:
(1)  from the levy and collection of ad valorem taxes on taxable property within the district;
(2)  from fees;
(3)  by pledging all or any part of the designated revenues from the ownership or operation of the district's works, improvements, and facilities and from the sale, transportation, and distribution of water;  or
(4)  from any combination of these sources.
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 F. Bonds and Notes › Section 36.173. Additional Security for Bonds and Notes

Sec. 36.173.  ADDITIONAL SECURITY FOR BONDS AND NOTES.  (a)  The bonds and notes may be additionally secured by a deed of trust or mortgage lien on part or all of the physical properties of the district and rights appurtenant to those properties, vesting in the trustee power to sell the properties for payment of the indebtedness, power to operate the properties, and all other powers necessary for the further security of the bonds and notes.
(b)  The trust indenture, regardless of the existence of the deed trust or mortgage lien on the properties, may contain provisions established by the board for the security of the bonds and notes and the preservation of the trust estate, may make provisions for amendment or modification, and may make provisions for investment of funds of the district.
(c)  A purchaser under a sale under the deed trust or mortgage lien shall be absolute owner of the properties and rights purchased and may maintain and operate them.
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 F. Bonds and Notes › Section 36.174. Form of Bonds or Notes

Sec. 36.174.  FORM OF BONDS OR NOTES.  (a)  A district may issue its bonds or notes in various series or issues.
(b)  Bonds or notes may mature serially or otherwise not more than 50 years from their date and shall bear interest at any rate permitted by the constitution and laws of this state.
(c)  A district's bonds, notes, and interest coupons, if any, are investment securities under the terms of Chapter 8, Business & Commerce Code, and may be issued registrable as to principal or as to both principal and interest and may be made redeemable before maturity, at the option of the district, or may contain a mandatory redemption provision.
(d)  A district's bonds and notes may be issued in the form, denominations, and manner and under the terms, conditions, and details, and shall be signed and executed as provided by the board in the resolution or order authorizing their issuance.
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 F. Bonds and Notes › Section 36.175. Provisions of Bonds and Notes

Sec. 36.175.  PROVISIONS OF BONDS AND NOTES.  (a)  In the orders or resolutions authorizing the issuance of bonds or notes, including refunding bonds, the board may provide for the flow of funds, the establishment and maintenance of the interest and sinking fund, the reserve fund, and other funds.  The board may make additional covenants with respect to bonds or notes, pledged revenues, and the operation and maintenance of those works, improvements, and facilities, of which the revenue is pledged.
(b)  The orders or resolutions of the board authorizing the issuance of bonds or notes may also prohibit the further issuance of bonds, notes, or other obligations payable from the pledged revenue or may reserve the right to issue additional bonds or notes to be secured by a pledge of and payable from the revenue on a parity with or subordinate to the lien and pledge in support of the bonds or notes being issued.
(c)  The orders or resolutions of the board issuing bonds or notes may contain other provisions and covenants as the board may determine.
(d)  The board may adopt and have executed any other proceeding or instruments necessary and convenient in the issuance of bonds or notes.
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 F. Bonds and Notes › Section 36.176. Refunding Bonds

Sec. 36.176.  REFUNDING BONDS.  (a)  A district may issue bonds to refund all or any part of its outstanding bonds or notes, including matured but unpaid interest coupons.
(b)  Refunding bonds shall mature serially or otherwise not more than 50 years from their date and shall bear interest at any rate or rates permitted by the constitution and laws of the state.
(c)  Refunding bonds may be payable from the same source as the bonds or notes being refunded or from other additional sources.
(d)  The refunding bonds must be approved by the attorney general as in the case of other bonds or notes and shall be registered by the comptroller on the surrender and cancellation of the bonds or notes being refunded.
(e)  The orders or resolutions authorizing the issuance of the refunding bonds may provide that they be sold and the proceeds deposited in the place or places at which the bonds or notes being refunded are payable, in which case the refunding bonds may be issued before the cancellation of the bonds or notes being refunded.  If refunding bonds are issued before cancellation of the other bonds or notes, an amount sufficient to pay the principal of and interest on the bonds or notes being refunded to their maturity dates, or to their option dates if the bonds or notes have been duly called for payment prior to maturity according to their terms, shall be deposited in the place or places at which the bonds or notes being refunded are payable.  The comptroller shall register the refunding bonds without the surrender and cancellation of bonds or notes being refunded.
(f)  A refunding may be accomplished in one or in several installment deliveries.  Refunding bonds and their interest coupons are investment securities under Chapter 8, Business & Commerce Code.
(g)  In lieu of the method set forth in Subsections (a)-(f), a district may refund bonds, notes, or other obligations as provided by the general laws of the state.
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 F. Bonds and Notes › Section 36.177. Bonds and Notes as Investments

Sec. 36.177.  BONDS AND NOTES AS INVESTMENTS.  District bonds and notes are legal and authorized investments for:
(1)  banks;
(2)  savings banks;
(3)  trust companies;
(4)  savings and loan associations;
(5)  insurance companies;
(6)  fiduciaries;
(7)  trustees;
(8)  guardians;  and
(9)  sinking funds of cities, counties, school districts, and other political subdivisions of the state and other public funds of the state and its agencies, including the permanent school fund.
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 F. Bonds and Notes › Section 36.178. Bonds and Notes as Security for Deposits

Sec. 36.178.  BONDS AND NOTES AS SECURITY FOR DEPOSITS.  District bonds and notes are eligible to secure deposits of public funds of the state and cities, counties, school districts, and other political subdivisions of the state.  The bonds or notes are lawful and sufficient security for deposits to the extent of their value when accompanied by all unmatured coupons.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.