reglab/statecodes huggingface dataset:
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8850 - Bandera County River Authority and Groundwater District › Subchapter C. Powers and Duties › Section 8850.0304. Conflict of Laws

Sec. 8850.0304.  CONFLICT OF LAWS.  To the extent of a conflict between Chapter 36 and another chapter of the Water Code applicable to the district, Chapter 36 prevails.
Added by Acts 2023, 88th Leg., R.S., Ch. 240 (H.B. 3731), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8851 - Middle Pecos Groundwater Conservation District › Subchapter A. General Provisions › Section 8851.001. Definitions

Sec. 8851.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "Director" means a board member.
(3)  "District" means the Middle Pecos 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 8851 - Middle Pecos Groundwater Conservation District › Subchapter A. General Provisions › Section 8851.002. Nature of District

Sec. 8851.002.  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 8851 - Middle Pecos Groundwater Conservation District › Subchapter A. General Provisions › Section 8851.003. Findings of Public Use and Benefit

Sec. 8851.003.  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 8851 - Middle Pecos Groundwater Conservation District › Subchapter A. General Provisions › Section 8851.004. District Territory

Sec. 8851.004.  DISTRICT TERRITORY.  The district's boundaries are coextensive with the boundaries of Pecos 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 8851 - Middle Pecos Groundwater Conservation District › Subchapter B. Board of Directors › Section 8851.051. Composition of Board; Terms

Sec. 8851.051.  COMPOSITION OF BOARD; TERMS.  (a)  The district is governed by a board of 11 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 8851 - Middle Pecos Groundwater Conservation District › Subchapter B. Board of Directors › Section 8851.052. Election of Directors

Sec. 8851.052.  ELECTION OF DIRECTORS.  (a)  Directors are elected according to the method provided by this section.
(b)  One director is elected by the voters of the entire district.  Two directors are elected from each county commissioners precinct by the voters of that precinct.  One director is elected from Iraan by the voters of that municipality.  One director is elected from Fort Stockton by the voters of that municipality.
(c)  A person shall indicate on the application for a place on the ballot:
(1)  the precinct or municipality that the person seeks to represent; or
(2)  that the person seeks to represent the district at large.
(d)  At the first election after the county commissioners precincts are redrawn under Section 18, Article V, Texas Constitution, eight new directors are elected to represent the precincts.  The directors shall draw lots to determine which four directors serve two-year terms and which four directors serve 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 8851 - Middle Pecos Groundwater Conservation District › Subchapter B. Board of Directors › Section 8851.053. Election Date

Sec. 8851.053.  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.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 18.017(a), eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8851 - Middle Pecos Groundwater Conservation District › Subchapter B. Board of Directors › Section 8851.054. Qualifications for Office

Sec. 8851.054.  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 qualified 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.
(c)  To be qualified to be a candidate for or to serve as director from a municipality, a person must be a registered voter of that municipality.
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 8851 - Middle Pecos Groundwater Conservation District › Subchapter B. Board of Directors › Section 8851.055. Board Vacancy

Sec. 8851.055.  BOARD VACANCY.  (a) If there is a vacancy on the board, the remaining directors shall appoint a director to serve the remainder of the term.
(b)  If at any time there are fewer than three qualified directors, the Pecos County Commissioners Court shall appoint the necessary number of persons to fill all the vacancies on the board.
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 8851 - Middle Pecos Groundwater Conservation District › Subchapter B. Board of Directors › Section 8851.056. Compensation; Expenses

Sec. 8851.056.  COMPENSATION; EXPENSES.  A director may not receive a salary or other compensation for service as a director but may be reimbursed for actual expenses of attending meetings at the rate in effect for employees of Pecos County.
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 8851 - Middle Pecos Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8851.101. Groundwater Conservation District Powers and Duties

Sec. 8851.101.  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 8851 - Middle Pecos Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8851.102. Powers and Duties Not Subject to State Supervision

Sec. 8851.102.  POWERS AND DUTIES NOT SUBJECT TO STATE SUPERVISION.  The rights, powers, privileges, functions, and duties of the district are not subject to the continuing right of supervision of the state through the Texas Commission on Environmental Quality.
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 8851 - Middle Pecos Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8851.103. Limitation on Rulemaking Power Not Applicable

Sec. 8851.103.  LIMITATION ON RULEMAKING POWER NOT APPLICABLE.  Section 36.121, Water Code, does not apply to the 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 8851 - Middle Pecos Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8851.104. Groundwater for Use Outside District

Sec. 8851.104.  GROUNDWATER FOR USE OUTSIDE DISTRICT.  (a)  The district may not impose a rule on the production of groundwater for use outside the district that is in addition to the rules the district imposes on the production of groundwater for use inside the district.
(b)  In addition to other fees assessed by the district, the district may assess a fee on groundwater transferred out of the district in an amount not to exceed 10 percent of the amount of the fee assessed for the production of water for use in the 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 8852 - Brush Country Groundwater Conservation District › Subchapter A. General Provisions › Section 8852.001. Definitions

Sec. 8852.001.  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 Brush Country Groundwater Conservation District.
Added by Acts 2009, 81st Leg., R.S., Ch. 1396 (S.B. 2456), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8852 - Brush Country Groundwater Conservation District › Subchapter A. General Provisions › Section 8852.002. Nature of District

Sec. 8852.002.  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 2009, 81st Leg., R.S., Ch. 1396 (S.B. 2456), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8852 - Brush Country Groundwater Conservation District › Subchapter A. General Provisions › Section 8852.003. Confirmation Election Required

Sec. 8852.003.  CONFIRMATION ELECTION REQUIRED.  If the creation of the district is not confirmed in at least one of the territories described by Section 8852.023 at a confirmation election held before September 1, 2011:
(1)  the district is dissolved on September 1, 2011, 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 Jim Hogg, Brooks, Hidalgo, and Jim Wells 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, 2013.
Added by Acts 2009, 81st Leg., R.S., Ch. 1396 (S.B. 2456), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8852 - Brush Country Groundwater Conservation District › Subchapter A. General Provisions › Section 8852.004. Initial District Territory

Sec. 8852.004.  INITIAL DISTRICT TERRITORY.  (a)  The district is initially composed of the territory described by Section 2 of the Act creating this chapter.
(b)  The boundaries described in Section 2 of the Act creating this chapter form a closure.  A mistake made in describing the district's boundaries in the legislative process does not affect the district's:
(1)  organization, existence, or validity;
(2)  right to issue any type of bond for the purposes for which the district is created or to pay the principal of and interest on a bond;
(3)  right to impose an assessment or tax; or
(4)  legality or operation.
Added by Acts 2009, 81st Leg., R.S., Ch. 1396 (S.B. 2456), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8852 - Brush Country Groundwater Conservation District › Subchapter A. General Provisions › Section 8852.005. Construction of Chapter

Sec. 8852.005.  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. 1396 (S.B. 2456), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8852 - Brush Country Groundwater Conservation District › Subchapter B. District Creation › Section 8852.021. Temporary Directors

Sec. 8852.021.  TEMPORARY DIRECTORS.  (a)  The temporary board consists of:
(1)  David Grall;
(2)  Mauro Garcia;
(3)  Robert Scott;
(4)  A. C. Jones IV;
(5)  Mario Martinez;
(6)  Israel Hinojosa;
(7)  a person appointed by the commissioners courts of Brooks and Jim Hogg Counties within 60 days of the effective date of this Act;
(8)  Jesse Howell;
(9)  Pearson Knolle; and
(10)  Lawrence Cornelius.
(b)  If there is a vacancy on the temporary board, the remaining temporary directors shall select a qualified person to fill the vacancy.
(c)  Unless the temporary director's term expires under Subsection (d), a temporary director serves until the earlier of:
(1)  the date the temporary director becomes an initial permanent director under Section 8852.024; or
(2)  the date this chapter expires under Section 8852.003.
(d)  The following temporary directors' terms expire on the date of the canvass of the election to confirm the creation of the district:
(1)  David Grall and Mauro Garcia, if the voters in the territory described by Section 8852.023(a)(3) vote not to confirm the creation of the district;
(2)  Robert Scott, if the voters in the territory described by Section 8852.023(a)(1) vote not to confirm the creation of the district;
(3)  A. C. Jones IV and Mario Martinez, if the voters in the territory described by Section 8852.023(a)(5) vote not to confirm the creation of the district;
(4)  Israel Hinojosa, if the voters in the territory described by Section 8852.023(a)(4) vote not to confirm the creation of the district;
(5)  a person appointed by the commissioners courts of Brooks and Jim Hogg Counties, if the creation of the district is confirmed by voters of none of the territories described by Section 8852.023;
(6)  Jesse Howell and Pearson Knolle, if the voters in the territory described by Section 8852.023(a)(6) vote not to confirm the creation of the district; and
(7)  Lawrence Cornelius, if the voters in the territory described by Section 8852.023(a)(2) vote not to confirm the creation of the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1396 (S.B. 2456), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8852 - Brush Country Groundwater Conservation District › Subchapter B. District Creation › Section 8852.022. Organizational Meeting of Temporary Directors

Sec. 8852.022.  ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.  As soon as practicable after all the temporary directors have qualified under Section 36.055, Water Code, a majority of the temporary directors shall convene the organizational meeting of the district at a location within the district agreeable to a majority of the directors.  If an agreement on location cannot be reached, the organizational meeting shall be at the Brooks County Courthouse.
Added by Acts 2009, 81st Leg., R.S., Ch. 1396 (S.B. 2456), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8852 - Brush Country Groundwater Conservation District › Subchapter B. District Creation › Section 8852.023. Confirmation Election

Sec. 8852.023.  CONFIRMATION ELECTION.  (a)  The temporary board shall hold an election in each of the following territories in the district to confirm the creation of the district and the imposition of a maintenance tax:
(1)  the territory in the corporate limits of the city of Falfurrias as of January 1, 2009;
(2)  the territory in the corporate limits of the city of Alice as of January 1, 2009;
(3)  the territory:
(A)  in Brooks County that, as of January 1, 2009, is:
(i)  outside the corporate limits of the city of Falfurrias; and
(ii)  not in the Kenedy County Groundwater Conservation District; and
(B)  in Hidalgo County that is:
(i)  described by a metes and bounds description in Section 2 of the Act creating this chapter; and
(ii)  not in the Kenedy County Groundwater Conservation District as of January 1, 2009;
(4)  the territory in the certificated retail water service area of the Jim Hogg County Water Control and Improvement District No. 2 as of January 1, 2009;
(5)  the territory in Jim Hogg County that is outside the certificated retail water service area of the Jim Hogg County Water Control and Improvement District No. 2 as of January 1, 2009; and
(6)  the territory in Jim Wells County that, as of January 1, 2009, is:
(A)  outside the corporate limits of the city of Alice; and
(B)  not in the Kenedy County Groundwater Conservation District.
(b)  Section 41.001(a), Election Code, does not apply to a confirmation election held as provided by this section.
(c)  Except as provided by this section, an election under this section must be conducted as provided by Sections 36.017(b), (c), and (e), Water Code, and the Election Code.
(d)  The ballot for the election must be printed to provide for voting for or against the proposition:  "The creation of the Brush Country Groundwater Conservation District and the levy of an ad valorem tax in the district at a rate not to exceed three cents for each $100 of assessed valuation."
(e)  If the majority of voters in a territory described by Subsection (a) voting at an election held under this section vote to confirm the creation of the district, that territory is included in the district.  If the majority of voters in a territory described by Subsection (a) voting at an election held under this section vote not to confirm the creation of the district, that territory is excluded from the district.
(f)  If the majority of voters in any of the territories described by Subsection (a) voting at an election held under this section vote not to confirm the creation of the district, the temporary board or any successor board may hold a subsequent confirmation election in that territory.
(g)  The district may not impose a maintenance tax unless the tax is confirmed under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 1396 (S.B. 2456), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8852 - Brush Country Groundwater Conservation District › Subchapter B. District Creation › Section 8852.024. Initial Permanent Directors

Sec. 8852.024.  INITIAL PERMANENT DIRECTORS.  (a)  If the creation of the district is confirmed at an election held under Section 8852.023 in one or more territories in the district, each temporary director who represents a territory that is included in the district becomes an initial permanent director of the district.
(b)  The initial permanent directors shall draw lots to determine which directors serve a term expiring on June 1 of the first even-numbered year after the confirmation election and which directors serve a term expiring on June 1 of the next even-numbered year.
Added by Acts 2009, 81st Leg., R.S., Ch. 1396 (S.B. 2456), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8852 - Brush Country Groundwater Conservation District › Subchapter B. District Creation › Section 8852.025. Gifts and Grants

Sec. 8852.025.  GIFTS AND GRANTS.  The temporary board may solicit and accept gifts and grants, including services, on the district's behalf from any public or private source to provide revenue for the district before a confirmation election is held under Section 8852.023.
Added by Acts 2009, 81st Leg., R.S., Ch. 1396 (S.B. 2456), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8852 - Brush Country Groundwater Conservation District › Subchapter B. District Creation › Section 8852.026. Right of Certain Landowners to Withdraw From District

Sec. 8852.026.  RIGHT OF CERTAIN LANDOWNERS TO WITHDRAW FROM DISTRICT.  A person who owns a tract of land in Brooks or Hidalgo County that adjoins the boundaries of the Kenedy County Groundwater Conservation District as of the effective date of the Act creating this chapter may petition the Kenedy County Groundwater Conservation District for annexation into that district.  Notwithstanding any other law, the Kenedy County Groundwater Conservation District may annex territory described by a petition under this section.  Territory annexed by the Kenedy County Groundwater Conservation District under this section not later than January 1, 2010, is disannexed at that time from the district created by this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1396 (S.B. 2456), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8852 - Brush Country Groundwater Conservation District › Subchapter B. District Creation › Section 8852.027. Limitation of Powers of Temporary Board

Sec. 8852.027.  LIMITATION OF POWERS OF TEMPORARY BOARD.  (a)  The temporary board may exercise only the powers described by Sections 8852.022, 8852.023, and 8852.025.
(b)  Except as required by a law or rule relating to participation in a groundwater management area in which the district is located, the temporary board may not:
(1)  adopt rules, including rules regarding wells; or
(2)  develop a draft or final management plan.
Added by Acts 2009, 81st Leg., R.S., Ch. 1396 (S.B. 2456), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8852 - Brush Country Groundwater Conservation District › Subchapter C. Board of Directors › Section 8852.051. Appointment of Directors; Terms

Sec. 8852.051.  APPOINTMENT OF DIRECTORS; TERMS.  (a)  Not later than June 1 of each even-numbered year, the Commissioners Courts of Brooks County, Jim Hogg County, and Jim Wells County shall appoint directors as follows:
(1)  the Commissioners Court of Brooks County shall appoint:
(A)  one director who represents the municipal interests of the territory described by Section 8852.023(a)(1), if the territory described by Section 8852.023(a)(1) is included in the district; and
(B)  two directors who represent the agricultural interests of the territory described by Sections 8852.023(a)(3)(A) and (B), if the territory described by Sections 8852.023(a)(3)(A) and (B) is included in the district;
(2)  the Commissioners Court of Jim Hogg County shall appoint:
(A)  one director who represents the interests of Jim Hogg County in the territory described by Section 8852.023(a)(4), if the territory described by Section 8852.023(a)(4) is included in the district; and
(B)  two directors who represent the agricultural interests of the territory described by Section 8852.023(a)(5), if the territory described by Section 8852.023(a)(5) is included in the district;
(3)  the Commissioners Court of Jim Wells County shall appoint:
(A)  one director who represents the municipal interests of the territory described by Section 8852.023(a)(2), if the territory described by Section 8852.023(a)(2) is included in the district; and
(B)  two directors who represent the agricultural interests of the territory described by Section 8852.023(a)(6), if the territory described by Section 8852.023(a)(6) is included in the district; and
(4)  the Commissioners Courts of Brooks County and Jim Hogg County jointly shall appoint one director to represent the industrial and mining interests of Jim Hogg and Brooks Counties.
(b)  Directors serve staggered four-year terms that expire on June 1 of an even-numbered year.
Added by Acts 2009, 81st Leg., R.S., Ch. 1396 (S.B. 2456), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8852 - Brush Country Groundwater Conservation District › Subchapter C. Board of Directors › Section 8852.052. Eligibility

Sec. 8852.052.  ELIGIBILITY.  (a)  A director is not disqualified from service because the director is an employee, manager, director of the board, or officer of a groundwater producer that is or may be regulated by the district.
(b)  A temporary director whose term of office expires under Section 8852.021(d) is not eligible for appointment as a director.
Added by Acts 2009, 81st Leg., R.S., Ch. 1396 (S.B. 2456), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8852 - Brush Country Groundwater Conservation District › Subchapter C. Board of Directors › Section 8852.053. Compensation; Reimbursement

Sec. 8852.053.  COMPENSATION; REIMBURSEMENT.  (a)  Notwithstanding Section 36.060, Water Code, a director is not entitled to receive compensation for performing the duties of a director.
(b)  A director is entitled to receive reimbursement for the director's reasonable expenses incurred while engaging in activities on behalf of the district in accordance with Sections 36.060(b) and (c), Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1396 (S.B. 2456), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8852 - Brush Country Groundwater Conservation District › Subchapter C. Board of Directors › Section 8852.054. Vacancy

Sec. 8852.054.  VACANCY.  A vacancy in the office of director shall be filled by appointment of the board in a manner consistent with the representational requirements of Section 8852.051.  The appointed director serves only for the remainder of the unexpired term to which the director was appointed.
Added by Acts 2009, 81st Leg., R.S., Ch. 1396 (S.B. 2456), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8852 - Brush Country Groundwater Conservation District › Subchapter D. Powers and Duties › Section 8852.101. Groundwater Conservation District Powers and Duties

Sec. 8852.101.  GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES.  Except as otherwise provided by this chapter, the district has the powers and duties provided by the general law of this state, including Chapter 36, Water Code, and Section 59, Article XVI, Texas Constitution, applicable to groundwater conservation districts.
Added by Acts 2009, 81st Leg., R.S., Ch. 1396 (S.B. 2456), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8852 - Brush Country Groundwater Conservation District › Subchapter D. Powers and Duties › Section 8852.102. Contracts

Sec. 8852.102.  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. 1396 (S.B. 2456), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8852 - Brush Country Groundwater Conservation District › Subchapter D. Powers and Duties › Section 8852.103. Exemptions From Permit Requirements

Sec. 8852.103.  EXEMPTIONS FROM PERMIT REQUIREMENTS.  (a)  Section 36.117, Water Code, applies to the district except that for the purposes of applying that section to the district, "domestic use" and "livestock use" have the meanings assigned by Subsection (b).
(b)  In this section:
(1)  "Domestic use":
(A)  means the use of groundwater by an individual or a household to support domestic activities, including the use of groundwater for:
(i)  drinking, washing, or culinary purposes;
(ii)  irrigating a lawn or a family garden or orchard;
(iii)  watering domestic animals; or
(iv)  water recreation, including aquatic and wildlife enjoyment; and
(B)  does not include the use of water:
(i)  to support an activity for which consideration is given or received or for which the product of the activity is sold; or
(ii)  by or for a public water system.
(2)  "Livestock use" means the use of groundwater for the open-range watering of livestock, exotic livestock, game animals, or fur-bearing animals.  For purposes of this subdivision, "livestock" and "exotic livestock" have the meanings assigned by Sections 1.003 and 142.001, Agriculture Code, respectively, and "game animal" and "fur-bearing animal" have the meanings assigned by Sections 63.001 and 71.001, Parks and Wildlife Code, respectively.  Livestock use does not include use by or for a public water system.
Added by Acts 2009, 81st Leg., R.S., Ch. 1396 (S.B. 2456), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8852 - Brush Country Groundwater Conservation District › Subchapter D. Powers and Duties › Section 8852.104. Effects of Transfer

Sec. 8852.104.  EFFECTS OF TRANSFER.  (a)  In reviewing a proposed transfer of groundwater out of the district in accordance with Section 36.122(f), Water Code, the district shall determine whether the proposed transfer would have a negative effect on:
(1)  the availability of water in the district;
(2)  the conditions of any aquifer that overlies the district;
(3)  subsidence in the district;
(4)  existing permit holders or other groundwater users in the district; and
(5)  any applicable approved regional water plan or certified district management plan.
(b)  If the district determines under Subsection (a) that the transfer would have a negative effect, the district may, in addition to the conditions authorized by Section 36.122, Water Code, impose other requirements or limitations on the permit that are designed to minimize the effect.
(c)  Sections 36.122(c), (i), and (j), Water Code, do not apply to a requirement or limitation imposed under this section.
(d)  The district may impose a fee or surcharge as an export fee.  The restrictions under Section 36.122(e), Water Code, do not apply to a fee or surcharge imposed under this subsection.
Added by Acts 2009, 81st Leg., R.S., Ch. 1396 (S.B. 2456), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8852 - Brush Country Groundwater Conservation District › Subchapter D. Powers and Duties › Section 8852.105. Applicability of District Regulations

Sec. 8852.105.  APPLICABILITY OF DISTRICT REGULATIONS.  Groundwater regulations adopted by the district under this chapter apply to all persons except as exempted under Section 36.117, Water Code, or this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1396 (S.B. 2456), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8852 - Brush Country Groundwater Conservation District › Subchapter D. Powers and Duties › Section 8852.106. No Eminent Domain Power

Sec. 8852.106.  NO EMINENT DOMAIN POWER.  The district may not exercise the power of eminent domain.
Added by Acts 2009, 81st Leg., R.S., Ch. 1396 (S.B. 2456), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8852 - Brush Country Groundwater Conservation District › Subchapter D. Powers and Duties › Section 8852.107. Landowners' Rights

Sec. 8852.107.  LANDOWNERS' RIGHTS.  The rights of landowners and their lessees and assigns in groundwater in the district are recognized.  Nothing in this chapter shall be construed to deprive or divest the owners or their lessees and assigns of their rights, subject to district rules.
Added by Acts 2009, 81st Leg., R.S., Ch. 1396 (S.B. 2456), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8852 - Brush Country Groundwater Conservation District › Subchapter D. Powers and Duties › Section 8852.108. Limitation on Rulemaking Power Not Applicable

Sec. 8852.108.  LIMITATION ON RULEMAKING POWER NOT APPLICABLE.  Section 36.121, Water Code, does not apply to the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1396 (S.B. 2456), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8852 - Brush Country Groundwater Conservation District › Subchapter E. General Financial Provisions › Section 8852.151. Revenue

Sec. 8852.151.  REVENUE.  To pay the maintenance and operating costs of the district and to pay any bonds or notes issued by the district, the district may impose ad valorem taxes at a rate not to exceed three cents on each $100 of assessed valuation of taxable property in the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1396 (S.B. 2456), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8852 - Brush Country Groundwater Conservation District › Subchapter E. General Financial Provisions › Section 8852.152. Grants, Gifts, and Donations

Sec. 8852.152.  GRANTS, GIFTS, AND DONATIONS.  The district may solicit and accept grants, gifts, and donations from any public or private source.
Added by Acts 2009, 81st Leg., R.S., Ch. 1396 (S.B. 2456), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8852 - Brush Country Groundwater Conservation District › Subchapter F. Dissolution › Section 8852.201. Subchapter Cumulative

Sec. 8852.201.  SUBCHAPTER CUMULATIVE.  The provisions of this subchapter are cumulative of the provisions of Subchapter I, Chapter 36, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1396 (S.B. 2456), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8852 - Brush Country Groundwater Conservation District › Subchapter F. Dissolution › Section 8852.202. Dissolution by Election

Sec. 8852.202.  DISSOLUTION BY ELECTION.  (a)  After January 1, 2016, the board shall order an election on the question of dissolving the district if the board receives a petition requesting that an election be held for that purpose that is signed by at least 15 percent of the district's registered voters.
(b)  Not later than the 30th day after the date the board receives the petition, the directors shall:
(1)  validate the signatures on the petition; and
(2)  if the signatures are validated, order an election on the next uniform election date under Section 41.001, Election Code.
(c)  The order calling the election must state the nature of the election, including the proposition that is to appear on the ballot.
Added by Acts 2009, 81st Leg., R.S., Ch. 1396 (S.B. 2456), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8852 - Brush Country Groundwater Conservation District › Subchapter F. Dissolution › Section 8852.203. Notice of Election

Sec. 8852.203.  NOTICE OF ELECTION.  Notice of an election under this subchapter must be provided by posting a copy of the order calling the election in at least one conspicuous place for at least 10 days before the day of the election at the county courthouse in Brooks County, Jim Hogg County, Jim Wells County, and Hidalgo County.
Added by Acts 2009, 81st Leg., R.S., Ch. 1396 (S.B. 2456), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8852 - Brush Country Groundwater Conservation District › Subchapter F. Dissolution › Section 8852.204. Ballot

Sec. 8852.204.  BALLOT.  The ballot for an election under this subchapter must be printed to permit voting for or against the proposition:  "The dissolution of the Brush Country Groundwater Conservation District."
Added by Acts 2009, 81st Leg., R.S., Ch. 1396 (S.B. 2456), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8852 - Brush Country Groundwater Conservation District › Subchapter F. Dissolution › Section 8852.205. Election Results; Disposition of Assets

Sec. 8852.205.  ELECTION RESULTS; DISPOSITION OF ASSETS.  If a majority of the votes in an election under this subchapter favor dissolution:
(1)  the board shall find that the district is dissolved; and
(2)  Section 36.310, Water Code, applies for the purpose of disposition of the district's assets.
Added by Acts 2009, 81st Leg., R.S., Ch. 1396 (S.B. 2456), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8853 - Kenedy County Groundwater Conservation District › Subchapter A. General Provisions › Section 8853.001. Definitions

Sec. 8853.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "Director" means a board member.
(3)  "District" means the Kenedy County Groundwater Conservation District.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.05, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8853 - Kenedy County Groundwater Conservation District › Subchapter A. General Provisions › Section 8853.002. Nature of District

Sec. 8853.002.  NATURE OF DISTRICT.  (a)  The district is a groundwater conservation district in Kenedy County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
(b)  The district is a political subdivision of this state.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.05, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8853 - Kenedy County Groundwater Conservation District › Subchapter A. General Provisions › Section 8853.003. Findings of Public Use and Benefit

Sec. 8853.003.  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 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.05, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8853 - Kenedy County Groundwater Conservation District › Subchapter A. General Provisions › Section 8853.004. District Territory

Sec. 8853.004.  DISTRICT TERRITORY.  (a)  The district is composed of the territory described by Section 4, Chapter 1152, Acts of the 78th Legislature, Regular Session, 2003, as that territory may have been modified under:
(1)  Subchapter J or K, Chapter 36, Water Code; or
(2)  other law.
(b)  The boundaries and field notes of the district form a closure.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.05, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8853 - Kenedy County Groundwater Conservation District › Subchapter B. Board of Directors › Section 8853.051. Composition of Board; Terms

Sec. 8853.051.  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 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.05, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8853 - Kenedy County Groundwater Conservation District › Subchapter B. Board of Directors › Section 8853.052. Election of Directors

Sec. 8853.052.  ELECTION OF DIRECTORS.  (a)  The district is divided into five single-member districts for electing directors.
(b)  One director is elected from each single-member district.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.05, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8853 - Kenedy County Groundwater Conservation District › Subchapter B. Board of Directors › Section 8853.053. Election Date

Sec. 8853.053.  ELECTION DATE.  Each even-numbered year, on the uniform election date in May or another date authorized by law, the appropriate number of directors shall be elected.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.05, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8853 - Kenedy County Groundwater Conservation District › Subchapter B. Board of Directors › Section 8853.054. Qualifications for Office

Sec. 8853.054.  QUALIFICATIONS FOR OFFICE.  (a)  To be a candidate for or to serve as a director, a person must be a registered voter in the single-member district the person represents or seeks to represent.
(b)  A director in office on the effective date of a change in the boundaries of a single-member district under Section 8853.056(a), or a director elected or appointed before the effective date of the change whose term of office begins on or after the effective date of the change, shall serve for the remainder of the director's term in the single-member district to which the director was elected or appointed even though the change in boundaries places the director's residence outside the district to which the director was elected or appointed.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.05, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8853 - Kenedy County Groundwater Conservation District › Subchapter B. Board of Directors › Section 8853.055. Application for Placement on Ballot

Sec. 8853.055.  APPLICATION FOR PLACEMENT ON BALLOT.  A person shall indicate on the application for a place on the ballot the single-member district the person seeks to represent.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.05, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8853 - Kenedy County Groundwater Conservation District › Subchapter B. Board of Directors › Section 8853.056. Revision of Single-Member Districts

Sec. 8853.056.  REVISION OF SINGLE-MEMBER DISTRICTS.  (a)  After each federal decennial census or as needed, the board may redraw the single-member districts to reflect population changes.
(b)  If the district annexes territory, the annexed territory becomes part of one or more of the single-member districts as determined by the board.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.05, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8853 - Kenedy County Groundwater Conservation District › Subchapter B. Board of Directors › Section 8853.057. Compensation of Directors

Sec. 8853.057.  COMPENSATION OF DIRECTORS.  A director is not entitled to fees of office but is entitled to reimbursement of actual expenses reasonably and necessarily incurred while engaging in activities on behalf of the district.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.05, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8853 - Kenedy County Groundwater Conservation District › Subchapter C. Powers › Section 8853.101. Groundwater Conservation District Powers and Duties

Sec. 8853.101.  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 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.05, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8853 - Kenedy County Groundwater Conservation District › Subchapter D. General Financial Provisions › Section 8853.151. Limitation on Taxation

Sec. 8853.151.  LIMITATION ON TAXATION.  The district may impose a tax to pay any part of bonds or notes issued by the district at a rate not to exceed 20 cents on each $100 of assessed valuation.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.05, eff. April 1, 2015.
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 8854.001. Definitions

Sec. 8854.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "Director" means a board member.
(3)  "District" means the Refugio Groundwater Conservation District.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.