reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter F. Bonds and Notes › Section 36.179. Tax Status of Bonds and Notes

Sec. 36.179.  TAX STATUS OF BONDS AND NOTES.  Since a district governed by this chapter is a public entity performing an essential public function, bonds and notes issued by the district, any transaction relating to the bonds and notes, and profits made in the sale of the bonds and notes, are free from taxation by the state or by any city, county, special district, or other political subdivision 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 36.180. Election

Sec. 36.180.  ELECTION.  (a)  Bonds or notes secured in whole or in part by taxes may not be issued by the district until authorized by a majority vote of the qualified voters of the district at an election called for that purpose.
(b)  The board may order an election, and the order calling the election shall state the nature and the date of the election, the hours during which the polls will be open, the location of the polling places, the amount of bonds or notes to be authorized, and the maximum maturity of the bonds or notes.
(c)  At an election to authorize bonds or notes payable wholly from ad valorem taxes, the ballots must be printed to provide for voting for or against the proposition:  "The issuance of (bonds or notes) and the levy of taxes for payment of the (bonds or notes)."  At any election to authorize bonds or notes payable from both ad valorem taxes and revenues, the ballots must be printed to provide for voting for or against:  "The issuance of (bonds or notes) and the pledge of net revenues and the levy of ad valorem taxes adequate to provide for the payment of the (bonds or notes)."
(d)  The board shall canvass the returns and declare the results of the election.  If a majority of the votes cast at the election favor the issuance of the bonds or notes, the bonds or notes may be issued by the board, but if a majority of the votes cast at the election do not favor issuance of the bonds or notes, the bonds or notes may not be issued.
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 36.181. Approval by Attorney General; Registration by Comptroller

Sec. 36.181.  APPROVAL BY ATTORNEY GENERAL;  REGISTRATION BY COMPTROLLER.  (a)  Bonds and notes issued by a district must be submitted to the attorney general for examination.
(b)  If the attorney general finds that the bonds or notes have been authorized in accordance with law, the attorney general shall approve them, and they shall be registered by the comptroller.
(c)  After the approval and registration of bonds or notes, the bonds or notes are incontestable in any court or other forum, for any reason, and are valid and binding obligations in accordance with their terms for all purposes.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter G. District Revenues › Section 36.201. Levy of Taxes

Sec. 36.201.  LEVY OF TAXES.  (a)  The board may annually levy taxes to pay the bonds issued by the district that are payable in whole or in part by taxes.
(b)  The board may annually levy taxes to pay the maintenance and operating expenses of the district at a rate not to exceed 50 cents on each $100 of assessed valuation.
(c)  The board may not levy a tax to pay the maintenance and operating expenses of the district under this section until the tax is approved by a majority of the electors voting at an election in the district held for that purpose.  The district may:
(1)  hold an election for approval of the tax at the same time and in conjunction with an election to authorize bonds, following the procedures applicable to a bond election;  or
(2)  hold a separate election for approval of the tax in accordance with Subsection (d).
(d)  An order calling a separate election for approval of a tax under this section must be issued at least 15 days before the date of the election, and the election notice must be published at least twice in a newspaper of general circulation in the district.  The first publication of the notice must be at least 14 days before the date of the election.
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 G. District Revenues › Section 36.202. Board Authority

Sec. 36.202.  BOARD AUTHORITY.  (a)  The board may levy taxes for the entire year in which the district is created.
(b)  If territory is added to or annexed by the district, the board may levy taxes in the new territory for the entire year in which the territory is added or annexed.
(c)  The board shall levy taxes on all property in the district subject to district taxation.
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 G. District Revenues › Section 36.203. Tax Rate

Sec. 36.203.  TAX RATE.  In setting the tax rate, the board shall take into consideration the income of the district from sources other than taxation.  On determination of the amount of tax required to be levied, the board shall make the levy and certify it to the tax assessor-collector.
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 G. District Revenues › Section 36.204. Tax Appraisal, Assessment and Collection

Sec. 36.204.  TAX APPRAISAL, ASSESSMENT AND COLLECTION.  (a)  The Tax Code governs the appraisal, assessment, and collection of district taxes.
(b)  The board may provide for the appointment of a tax assessor-collector for the district or may contract for the assessment and collection of taxes as provided by the Tax 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 G. District Revenues › Section 36.205. Authority to Set Fees

Sec. 36.205.  AUTHORITY TO SET FEES.  (a)  A district may set fees for administrative acts of the district, such as filing applications.  Fees set by a district may not unreasonably exceed the cost to the district of performing the administrative function for which the fee is charged.
(b)  A district shall set and collect fees for all services provided outside the boundaries of the district.  The fees may not unreasonably exceed the cost to the district of providing the services outside the district.
(c)  A district may assess production fees based on the amount of water authorized by permit to be withdrawn from a well or the amount actually withdrawn.  A district may assess the fees in lieu of, or in conjunction with, any taxes otherwise levied by the district.  A district may use revenues generated by the fees for any lawful purpose.  Production fees shall not exceed:
(1)  $1 per acre-foot payable annually for water used for agricultural use;  or
(2)  $10 per acre-foot payable annually for water used for any other purpose.
(d)  The Lone Star Groundwater Conservation District and the Guadalupe County Groundwater Conservation District may not charge production fees for an annual period greater than $1 per acre-foot for water used for agricultural use or 17 cents per thousand gallons for water used for any other purpose.   This subsection shall take precedence over all prior enactments.
(e)  Subsection (c) does not apply to the following districts:
(1)   the Fort Bend Subsidence District;
(2)   the Harris-Galveston Subsidence District;
(3)   the Barton Springs-Edwards Aquifer Conservation District; or
(4)   any district that collects a property tax and that was created before September 1, 1999, unless otherwise authorized by special law.
(f)  A district, including a district described under Subsection (d), may assess a production fee under Subsection (c) and an export fee under Subsection (g), if applicable, for any water produced under an exemption under Section 36.117 if that water is subsequently sold to another person.
(g)  A district may assess an export fee under Section 36.122.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.53, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1405 (S.B. 747), Sec. 1, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 21.003, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 415 (H.B. 2767), Sec. 12, eff. June 10, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1135 (H.B. 2729), Sec. 14, eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter G. District Revenues › Section 36.206. District Fees

Sec. 36.206.  DISTRICT FEES.  (a)  A temporary board may set fees authorized by this chapter to pay for the creation and initial operation of a district, until such time as the district creation has been confirmed and a permanent board has been elected by a majority vote of the qualified voters voting in the district in an election called for those purposes.
(b)  The rate of fees set for agricultural uses shall be no more than 20 percent of the rate applied to municipal uses.
(c)  District fees may not be used to purchase groundwater rights unless the purchased rights are acquired for conservation purposes and are permanently held in trust not to be produced.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 4.35, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.54, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 415 (H.B. 2767), Sec. 13, eff. June 10, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter G. District Revenues › Section 36.207. Use of Fees

Sec. 36.207.  USE OF FEES.  (a)  A district may use funds obtained from administrative, production, or export fees collected under a special law governing the district or this chapter for any purpose consistent with the district's approved management plan, including, without limitation, making grants, loans, or contractual payments to achieve, facilitate, or expedite reductions in groundwater pumping or the development or distribution of alternative water supplies or to maintain the operability of wells significantly affected by groundwater development to allow for the highest practicable level of groundwater production while achieving the desired future conditions established under Section 36.108.
(b)  A district may use funds obtained from the amount that an export fee is increased under Section 36.122(e-1) on or after January 1, 2024, only for costs related to assessing and addressing impacts associated with groundwater development, including:
(1)  maintaining operability of wells significantly affected by groundwater development;
(2)  developing or distributing alternative water supplies; and
(3)  conducting aquifer monitoring, data collection, and aquifer science.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 4.35, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 17 (S.B. 727), Sec. 7, eff. April 29, 2011.
Acts 2015, 84th Leg., R.S., Ch. 415 (H.B. 2767), Sec. 14, eff. June 10, 2015.
Acts 2023, 88th Leg., R.S., Ch. 773 (H.B. 3059), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter H. Judicial Review › Section 36.251. Suit Against District

Sec. 36.251.  SUIT AGAINST DISTRICT. (a) A person, firm, corporation, or association of persons affected by and dissatisfied with any rule or order made by a district, including an appeal of a decision on a permit application, is entitled to file a suit against the district or its directors to challenge the validity of the law, rule, or order.
(b)  Only the district, the applicant, and parties to a  contested case hearing may participate in an appeal of a decision on the application that was the subject of that contested case hearing. An appeal of a decision on a permit application must include the applicant as a necessary party.
(c)  The suit shall be filed in a court of competent jurisdiction in any county in which the district or any part of the district is located.  The suit may only be filed after all administrative appeals to the district are final.
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. 15, eff. June 10, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter H. Judicial Review › Section 36.252. Suit to Be Expedited

Sec. 36.252.  SUIT TO BE EXPEDITED.  A suit brought under this subchapter shall be advanced for trial and determined as expeditiously as possible.  No postponement or continuance shall be granted except for reasons considered imperative by the court.
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 H. Judicial Review › Section 36.253. Trial of Suit

Sec. 36.253.  TRIAL OF SUIT.  The burden of proof is on the petitioner, and the challenged law, rule, order, or act shall be deemed prima facie valid.  The review on appeal is governed by the substantial evidence rule as defined by Section 2001.174, 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 H. Judicial Review › Section 36.254. Subchapter Cumulative

Sec. 36.254.  SUBCHAPTER CUMULATIVE.  The provisions of this subchapter do not affect other legal or equitable remedies that may be available.
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 I. Performance Review and Dissolution › Section 36.301. Failure to Submit a Management Plan

Sec. 36.301.  FAILURE TO SUBMIT A MANAGEMENT PLAN.  If a district fails to submit a management plan or to receive approval of its management plan under Section 36.1072, or fails to submit or receive approval of an amendment to the management plan under Section 36.1073, the commission shall take appropriate action under Section 36.303.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 4.36, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 17 (S.B. 727), Sec. 8, eff. April 29, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter I. Performance Review and Dissolution › Section 36.302. Legislative Audit Review; Determination of Whether District Is Operational

Sec. 36.302.  LEGISLATIVE AUDIT REVIEW;  DETERMINATION OF WHETHER DISTRICT IS OPERATIONAL.  (a)  A district is subject to review by the state auditor under the direction of the legislative audit committee pursuant to Chapter 321, Government Code.
(b)  The commission, the Texas Water Development Board, and the Parks and Wildlife Department shall provide technical assistance to the state auditor's office for a review performed under Subsection (a).
(c)  In a review performed under Subsection (a), the state auditor shall make a determination of whether a district is actively engaged in achieving the objectives of the district's management plan based on an analysis of the district's activities.
(d)  The state auditor may perform the review under Subsection (a) following the first anniversary of the initial approval of the plan under Section 36.1072 and at least as often as once every seven years after that date, subject to a risk assessment and to the legislative audit committee's approval of including the review in the audit plan under Section 321.013, Government Code.
(e)  The state auditor shall report findings of the review to the legislative audit committee and to the commission.
(f)  If it is determined under Subsection (c) that the district is not operational, the commission shall take appropriate action under Section 36.303.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 4.36, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 785, Sec. 53, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 14, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter I. Performance Review and Dissolution › Section 36.303. Action by Commission

Sec. 36.303.  ACTION BY COMMISSION.  (a)  If Section 36.301, 36.3011, or 36.302(f) applies, the commission, after notice and hearing in accordance with Chapter 2001, Government Code, shall take action the commission considers appropriate, including:
(1)  issuing an order requiring the district to take certain actions or to refrain from taking certain actions;
(2)  dissolving the board in accordance with Sections 36.305 and 36.307 and calling an election for the purpose of electing a new board;
(3)  requesting the attorney general to bring suit for the appointment of a receiver to collect the assets and carry on the business of the groundwater conservation district; or
(4)  dissolving the district in accordance with Sections 36.304, 36.305, and 36.308.
(b)  In addition to actions identified under Subsection (a), the commission may recommend to the legislature, based upon the report required by Section 35.018, actions the commission deems necessary to accomplish comprehensive management in the district.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 4.36, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.56, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 415 (H.B. 2767), Sec. 17, eff. June 10, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter I. Performance Review and Dissolution › Section 36.3035. Appointment of a Receiver

Sec. 36.3035.  APPOINTMENT OF A RECEIVER.  (a)  If the attorney general brings a suit for the appointment of a receiver for a district, a district court shall appoint a receiver if an appointment is necessary to protect the assets of the district.
(b)  The receiver shall execute a bond in an amount to be set by the court to ensure the proper performance of the receiver's duties.
(c)  After appointment and execution of bond, the receiver shall take possession of the assets of the district specified by the court.
(d)  Until discharged by the court, the receiver shall perform the duties that the court directs to preserve the assets and carry on the business of the district and shall strictly observe the final order involved.
(e)  On a showing of good cause by the district, the court may dissolve the receivership and order the assets and control of the business returned to the district.
Added by Acts 2001, 77th Leg., ch. 966, Sec. 2.57, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter I. Performance Review and Dissolution › Section 36.304. Dissolution of District

Sec. 36.304.  DISSOLUTION OF DISTRICT.
(a)  The commission may dissolve a district that  has no outstanding bonded indebtedness.
(b)  A district composed of territory entirely within one county may be dissolved even if the district has outstanding indebtedness that matures after the year in which the district is dissolved, whereupon the commissioners court shall levy and collect taxes on all taxable property in the district in an amount sufficient to pay the principal of and interest on the indebtedness when due.  The taxes shall be levied and collected in the same manner as county taxes.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Renumbered from Water Code Sec. 36.301 and amended by Acts 1997, 75th Leg., ch. 1010, Sec. 4.36, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 15, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter I. Performance Review and Dissolution › Section 36.305. Notice of Hearing for Dissolution of Board or District

Sec. 36.305.  NOTICE OF HEARING FOR DISSOLUTION OF BOARD OR DISTRICT.  (a)  The commission shall give notice of the hearing for dissolution of a district or of a board which briefly describes the reasons for the proceeding.
(b)  The notice shall be published once each week for two consecutive weeks before the day of hearing in a newspaper having general circulation in the county or counties in which the district is located.  The first publication shall be 30 days before the day of the hearing.
(c)  The commission shall give notice of the hearing by first class mail addressed to the directors of the district according to the last record on file with the executive director.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Renumbered from Water Code Sec. 36.302 and amended by Acts 1997, 75th Leg., ch. 1010, Sec. 4.36, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter I. Performance Review and Dissolution › Section 36.306. Investigation

Sec. 36.306.  INVESTIGATION.  The executive director shall investigate the facts and circumstances of any violations of any rule or order of the commission or any provisions of this chapter and shall prepare and file a written report with the commission and district and include any actions the executive director believes the commission should take under Section 36.303.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Renumbered from Water Code Sec. 36.303 and amended by Acts 1997, 75th Leg., ch. 1010, Sec. 4.36, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter I. Performance Review and Dissolution › Section 36.307. Order of Dissolution of Board

Sec. 36.307.  ORDER OF DISSOLUTION OF BOARD.  If the commission enters an order to dissolve the board, the commission shall notify the county commissioners court of each county which contains territory in the district and the commission shall provide that temporary directors be appointed under Section 36.016 to serve until an election for a new board can be held under Section 36.017, provided, however, that district confirmation shall not be required for continued existence of the district and shall not be an issue in the election.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 4.36, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter I. Performance Review and Dissolution › Section 36.308. Certified Copy of Order

Sec. 36.308.  CERTIFIED COPY OF ORDER.  The commission shall file a certified copy of the order of dissolution of the district in the deed records of the county or counties in which the district is located.  If the district was created by a special Act of the legislature, the commission shall file a certified copy of the order of dissolution with the secretary of state.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Renumbered from Water Code Sec. 36.305 by Acts 1997, 75th Leg., ch. 1010, Sec. 4.36, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter I. Performance Review and Dissolution › Section 36.309. Appeals

Sec. 36.309.  APPEALS.  Appeals from any commission order shall be filed and heard in the district court of any of the counties in which the land is located.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Renumbered from Water Code Sec. 36.306 and amended by Acts 1997, 75th Leg., ch. 1010, Sec. 4.36, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter I. Performance Review and Dissolution › Section 36.310. Assets Escheat

Sec. 36.310.  ASSETS ESCHEAT.  Upon the dissolution of a district by the commission, all assets of the district shall be sold at public auction and the proceeds given to the county if it is a single-county district.  If it is a multicounty district, the proceeds shall be divided with the counties in proportion to the surface land area in each county served by the district.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 20.10, eff. Sept. 1, 1997.  Renumbered from Water Code Sec. 36.307 and amended by Acts 1997, 75th Leg., ch. 1010, Sec. 4.36, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter J. Adding Territory to District › Section 36.321. Adding Land by Petition of Landowner

Sec. 36.321.  ADDING LAND BY PETITION OF LANDOWNER.  Subject to Section 36.331, the owner of land not already in a district may file with the board a notarized petition requesting that the owner's land be included in the district.  The petition must describe the land by legal description or by metes and bounds or by lot and block number if there is a recorded plat of the area to be included in 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. 18, eff. June 10, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter J. Adding Territory to District › Section 36.322. Assumption of Bonds

Sec. 36.322.  ASSUMPTION OF BONDS.  If the district has bonds, notes, or other obligations outstanding or bonds payable in whole or in part from taxation that have been voted but are unissued, the petitioner shall assume its share of the outstanding bonds, notes, or other obligations and any voted but unissued tax bonds of the district, and the property shall be assessed an ad valorem tax at the same rate as that set for the existing district to pay for outstanding bonds and for the maintenance and operation of 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 J. Adding Territory to District › Section 36.323. Hearing and Determination of Petition

Sec. 36.323.  HEARING AND DETERMINATION OF PETITION.  (a)  The board shall hear and consider the petition and may add to the district the land described in the petition if it is considered to be to the advantage of the petitioner and to the existing district.
(b)  If the district has bonds payable in whole or in part from taxation that are voted but unissued at the time of the annexation, the board may issue the voted but unissued bonds even though the boundaries of the district have been altered since the authorization of the bonds.
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 J. Adding Territory to District › Section 36.324. Recording Petition

Sec. 36.324.  RECORDING PETITION.  A petition that is granted which adds land to the district shall be recorded in the office of the county clerk of the county or counties in which the land is located and the county or counties in which the existing district's principal office is located.
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 J. Adding Territory to District › Section 36.325. Adding Certain Territory by Petition

Sec. 36.325.  ADDING CERTAIN TERRITORY BY PETITION.  (a)  Landowners of a defined area of territory not already in a district may file with any district a petition requesting inclusion in that district and, subject to Section 36.331, the defined area of territory is not required to be contiguous with that district.
(b)  The petition must be signed by:
(1)  a majority of the landowners in the territory;
(2)  at least 50 landowners if the number of landowners is more than 50; or
(3)  the commissioners court of the county in which the area is located if the area is identified as a priority groundwater management area or includes the entire county.
(c)  The petition must describe the land by legal description or by metes and bounds or by lot and block number if there is a recorded plat of the area to be included in the district.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 4.37, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 415 (H.B. 2767), Sec. 19, eff. June 10, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter J. Adding Territory to District › Section 36.326. Hearing on Petition

Sec. 36.326.  HEARING ON PETITION.  The board by order shall set the time and place of separate hearings on the petition to include the territory in the district.  At least one hearing shall be held in the existing district and one hearing shall be held in the territory to be added.
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 J. Adding Territory to District › Section 36.327. Resolution to Add Territory

Sec. 36.327.  RESOLUTION TO ADD TERRITORY.  If the board finds after the hearing on the petition that the addition of the land would benefit the district and the territory to be added, it may add the territory to the district by resolution.  The board does not have to include all the territory described in the petition if it finds that a modification or change is necessary or desirable.
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 J. Adding Territory to District › Section 36.328. Election to Ratify Annexation of Land

Sec. 36.328.  ELECTION TO RATIFY ANNEXATION OF LAND.  (a)  Annexation of the territory by petition filed under Section 36.325 is not final until ratified by a majority vote of the voters in the territory to be added.  An election in the existing district accepting the addition of land is not required.
(b)  The ballots for the election shall be printed to provide for voting for or against the proposition:  "The inclusion of (briefly describe additional area) in the __________ District."  If the district levies a property tax for payment of its maintenance and operating expenses, the proposition shall include the following language:  "and the levy of a tax on property at a rate not to exceed _____ cents on each $100 of assessed valuation for payment of maintenance and operating expenses of the district."
(c)  The amount of the tax included in the proposition shall be the maximum amount that the district is authorized to levy.  If the district has outstanding or authorized bonded indebtedness, the proposition shall include language providing for the assumption by the additional area of a proportional share of the bonded indebtedness 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. 20, eff. June 10, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter J. Adding Territory to District › Section 36.329. Notice and Procedure of Election

Sec. 36.329.  NOTICE AND PROCEDURE OF ELECTION.  The notice of the election, the manner and the time of giving the notice, the manner of holding the election, and qualifications of the voters are governed by the Election 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 J. Adding Territory to District › Section 36.330. Liability of Added Territory

Sec. 36.330.  LIABILITY OF ADDED TERRITORY.  The added territory shall bear its pro rata share of indebtedness or taxes that may be owed, contracted, or authorized by the district to which it is added.
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 J. Adding Territory to District › Section 36.331. Annexation of Noncontiguous Territory

Sec. 36.331.  ANNEXATION OF NONCONTIGUOUS TERRITORY.  Land not contiguous to the existing boundaries of a district may not be added to or annexed to a district unless the land is located either within the same management area, priority groundwater management area, or a groundwater subdivision designated by the commission or its predecessors.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 4.38, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter K. Consolidation of Districts › Section 36.351. Consolidation of Districts

Sec. 36.351.  CONSOLIDATION OF DISTRICTS.  (a)  Two or more districts may consolidate into one district.  To initiate a consolidation, the board of a district shall adopt a resolution proposing a consolidation and deliver a copy of the resolution to the board of each district with which consolidation is proposed.
(b)  Adjacent districts may consolidate portions of either district if one district relinquishes land within that district to the jurisdiction of the other district.
(c)  A consolidation under this subchapter occurs if the board of each involved district adopts a resolution containing the terms and conditions of the consolidation.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1025, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter K. Consolidation of Districts › Section 36.352. Terms and Conditions of Consolidation

Sec. 36.352.  TERMS AND CONDITIONS OF CONSOLIDATION.  (a)  The terms and conditions for consolidation shall include:
(1)  adoption of a name for the district;
(2)  the number and apportionment of directors to serve on the board;
(3)  the effective date of the consolidation;
(4)  an agreement on finances for the consolidated district, including disposition of funds, property, and other assets of each district;
(5)  transfer of all permits issued in the area that is the subject of the consolidation to the consolidated district;  and
(6)  an agreement on governing the districts during the transition period, including selection of officers.
(b)  The terms and conditions for consolidation may include:
(1)  assumption by each district of the other district's bonds, notes, voted but unissued bonds, or other obligations;
(2)  an agreement to levy taxes to pay for bonds;
(3)  any other terms of conditions agreed upon by the board of each 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 K. Consolidation of Districts › Section 36.353. Notice and Hearing on Consolidation

Sec. 36.353.  NOTICE AND HEARING ON CONSOLIDATION.  (a)  Each board shall publish notice and hold a public hearing within that district on the terms and conditions for consolidation of the districts.
(b)  After the hearing, the board may, by resolution, approve the terms and conditions for consolidation and enter an order consolidating the districts.
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 K. Consolidation of Districts › Section 36.354. Elections to Approve Consolidation

Sec. 36.354.  ELECTIONS TO APPROVE CONSOLIDATION.  (a)  An election to ratify the consolidation is required in each district that initiates consolidation.  An election is not required in a district that does not initiate consolidation.
(b)  The board of each district that is required by Subsection (a) to conduct an election shall order an election in the district only after the board of each district to be consolidated has agreed on the terms and conditions of consolidation.  The directors of each district conducting an election shall order the election to be held on the same day in each district.  The election shall be held and notice given in the manner provided by the Election Code.
(c)  The ballots for the election shall be printed to provide for voting for or against the proposition:  "The consolidation of (names of the districts to be consolidated) in the __________ District."  If the district levies a property tax for payment of its bonded indebtedness, the proposition shall include the following language:  "and the levy of a tax on property at a rate not to exceed _____ cents on each $100 of assessed valuation for payment of bonds."  If the district levies a property tax for payment of its maintenance and operating expenses, the proposition shall include the following language:  "and the levy of a tax on property at a rate not to exceed _____ cents on each $100 of assessed valuation for payment of maintenance and operating expenses of the district."
(d)  A district may be consolidated only if a majority of the electors in each district required by Subsection (a) to conduct an election vote in favor of the consolidation.  If more than two districts are consolidating, failure of any one district to ratify the consolidation shall not prevent the consolidation of the other districts.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1025, Sec. 2, eff. June 18, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter K. Consolidation of Districts › Section 36.355. Governing Consolidated Districts

Sec. 36.355.  GOVERNING CONSOLIDATED DISTRICTS.  (a)  After two or more districts are consolidated, they become one district and are governed as one district.
(b)  During the transition period, the officers of each district shall continue to act jointly as officers of the original districts to settle the affairs of their respective districts.
(c)  If the consolidated district elects directors, directors for the consolidated district shall be elected in the same manner and for the same term as directors elected at a confirmation election.  The directors' election shall be set for the next regular election.
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 K. Consolidation of Districts › Section 36.356. Debts of Original Districts

Sec. 36.356.  DEBTS OF ORIGINAL DISTRICTS.  (a)  After two or more districts are consolidated, the consolidated district shall protect the debts of the original districts and shall assure that the debts are not impaired.  If the consolidated district has taxing authority, the debts may be paid by taxes levied on the land in the original districts as if they had not consolidated or from contributions from the consolidated district on terms stated in the consolidation agreement.
(b)  If the consolidated district has taxing authority and assumes the bonds, notes, and other obligations of the original districts, taxes may be levied uniformly on all taxable property within the consolidated district to pay the debts.
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 K. Consolidation of Districts › Section 36.357. Assessment and Collection of Taxes

Sec. 36.357.  ASSESSMENT AND COLLECTION OF TAXES.  If the consolidated district has taxing authority, the district shall assess and collect taxes on property on all property in the district for maintenance and operation of 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 K. Consolidation of Districts › Section 36.358. Voted but Unissued Bonds

Sec. 36.358.  VOTED BUT UNISSUED BONDS.  If either district has voted but unissued bonds payable in whole or in part from taxation assumed by the consolidated district, the consolidated district may issue the voted but unissued bonds in the name of the consolidated district and levy a uniform tax on all taxable property in the consolidated district to pay for the bonds.
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 K. Consolidation of Districts › Section 36.359. Filing of Order With County Clerk and Executive Director

Sec. 36.359.  FILING OF ORDER WITH COUNTY CLERK AND EXECUTIVE DIRECTOR.  A consolidation order issued by the board shall be kept in the records of the consolidated district, recorded in the office of the county clerk in each of the counties in the consolidated district, and filed with the executive director.
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 L. Groundwater Conservation District Loan Assistance Fund › Section 36.3705. Definition

Sec. 36.3705.  DEFINITION.  In this subchapter, "applicant" means a newly confirmed district applying for a loan from the loan fund.
Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 16, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter L. Groundwater Conservation District Loan Assistance Fund › Section 36.371. Groundwater Conservation District Loan Assistance Fund

Sec. 36.371.  GROUNDWATER CONSERVATION DISTRICT LOAN ASSISTANCE FUND.  (a)  The groundwater conservation district loan assistance fund is created, to be funded by direct appropriation and by the Texas Water Development Board from the water assistance fund.
(b)  Repayments of loans shall be deposited in the water assistance fund.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 4.39, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 415 (H.B. 2767), Sec. 22, eff. June 10, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter L. Groundwater Conservation District Loan Assistance Fund › Section 36.372. Financial Assistance

Sec. 36.372.  FINANCIAL ASSISTANCE.  (a)  The loan fund may be used by the Texas Water Development Board to provide loans to newly confirmed districts and legislatively created districts that do not require a confirmation election to pay for their creation and initial operations.
(b)  The Texas Water Development Board shall establish rules for the use and administration of the loan fund.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 4.39, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter L. Groundwater Conservation District Loan Assistance Fund › Section 36.373. Application for Assistance

Sec. 36.373.  APPLICATION FOR ASSISTANCE.  (a)  In an application to the Texas Water Development Board for financial assistance from the loan fund, the applicant shall include:
(1)  the name of the district and its board members;
(2)  a citation of the law under which the district operates and was created;
(3)  a description of the initial operations;
(4)  the total start-up cost of the initial operations;
(5)  the amount of state financial assistance requested;
(6)  the plan for repaying the total cost of the loan;  and
(7)  any other information the Texas Water Development Board may require to perform its duties and protect the public interest.
(b)  The Texas Water Development Board may not accept an application for a loan from the loan fund unless it is submitted in affidavit form by the applicant's board.  The Texas Water Development Board shall prescribe the affidavit form in its rules.
(c)  The rules implementing this section shall not restrict or prohibit the Texas Water Development Board from requiring additional factual material from an applicant.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 4.39, eff. Sept. 1, 1997.