reglab/statecodes huggingface dataset:
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8869 - Wes-Tex Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8869.102. Limitations on District Powers

Sec. 8869.102.  LIMITATIONS ON DISTRICT POWERS.  Notwithstanding Section 8869.101, the district may not:
(1)  acquire land;
(2)  purchase, sell, transport, or distribute surface water or groundwater;
(3)  issue bonds; or
(4)  exercise eminent domain authority.
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 8869 - Wes-Tex Groundwater Conservation District › Subchapter D. General Financial Provisions › Section 8869.151. Maintenance and Operation Tax

Sec. 8869.151.  MAINTENANCE AND OPERATION TAX.  To pay the maintenance and operating expenses of the district, the board may impose taxes annually at a rate not to exceed three 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 8870 - Trinity Glen Rose Groundwater Conservation District › Subchapter A. General Provisions › Section 8870.001. Definitions

Sec. 8870.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "Commission" means the Texas Commission on Environmental Quality.
(3)  "Director" means a board member.
(4)  "District" means the Trinity Glen Rose 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 8870 - Trinity Glen Rose Groundwater Conservation District › Subchapter A. General Provisions › Section 8870.002. Nature of District

Sec. 8870.002.  NATURE OF DISTRICT.  The district is a groundwater conservation district in the part of Bexar County overlying the Trinity Aquifer and is created under and essential to accomplish the purposes of 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 8870 - Trinity Glen Rose Groundwater Conservation District › Subchapter A. General Provisions › Section 8870.003. Purpose

Sec. 8870.003.  PURPOSE.  The purpose of the district is to develop and implement regulatory, conservation, and recharge programs that preserve and protect the underground water resources located within 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 8870 - Trinity Glen Rose Groundwater Conservation District › Subchapter A. General Provisions › Section 8870.004. Findings of Public Use and Benefit

Sec. 8870.004.  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 8870 - Trinity Glen Rose Groundwater Conservation District › Subchapter A. General Provisions › Section 8870.005. District Territory

Sec. 8870.005.  DISTRICT TERRITORY.  (a)  The district is composed of the territory described by Section 3, Chapter 1312, Acts of the 77th Legislature, Regular Session, 2001, as that territory may have been modified under:
(1)  Subsection (b) or its predecessor statute, former Section 3(b), Chapter 1312, Acts of the 77th Legislature, Regular Session, 2001;
(2)  Section 8870.006 or 8870.007 or their predecessor statutes, former Sections 19 and 19A, Chapter 1312, Acts of the 77th Legislature, Regular Session, 2001;
(3)  Subchapter J or K, Chapter 36, Water Code; or
(4)  other law.
(b)  The district may add territory inside the boundaries of the Edwards Aquifer Authority with the consent of the board of directors of the authority in the manner provided by Subchapter J, Chapter 36, Water Code.
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 8870 - Trinity Glen Rose Groundwater Conservation District › Subchapter A. General Provisions › Section 8870.006. Municipality's Choice of District

Sec. 8870.006.  MUNICIPALITY'S CHOICE OF DISTRICT.  (a) If any part of a municipality, a part of which is included within the boundaries of the district, is included within the boundaries of one or more other groundwater conservation districts created by special Act of the 77th Legislature, Regular Session, 2001, and confirmed at a subsequent election called for the purpose, the municipality, not later than August 31, 2004, at an election called for the purpose, may vote to choose the one groundwater conservation district of which it will be a part.
(b)  If, after a municipality has held an election authorized by Subsection (a), another groundwater conservation district created by special Act of the 77th Legislature, Regular Session, 2001, that includes any part of the municipality is confirmed at an election called for the purpose and if the district of which the municipality has chosen to be a part has not issued bonds secured by ad valorem taxes on any land within the boundaries of the municipality, the municipality may hold another election under this section to choose whether to remain within the groundwater conservation district of which it has chosen to be a part or to separate from that district and become part of the newly confirmed groundwater conservation district. The district may hold another election under this section, regardless of the number of previous elections under this section, at any time a district described by Subsection (a) is confirmed.
(c)  Section 41.001(a), Election Code, does not apply to an election under this section.
(d)  This section and the results of an election held under this section prevail over the provisions of any Act of the 77th Legislature, Regular Session, 2001, other than Chapter 1312, Acts of the 77th Legislature, Regular Session, 2001, regardless of the relative dates on which Chapter 1312, Acts of the 77th Legislature, Regular Session, 2001, and the other Act were enacted and became law.
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 8870 - Trinity Glen Rose Groundwater Conservation District › Subchapter B. Board of Directors › Section 8870.051. Composition of Board; Terms

Sec. 8870.051.  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 8870 - Trinity Glen Rose Groundwater Conservation District › Subchapter B. Board of Directors › Section 8870.052. Election of Directors

Sec. 8870.052.  ELECTION OF DIRECTORS.  (a)  The district is divided into five numbered, single-member districts for electing directors.
(b)  One director is elected from each single-member district.  A director elected from a single-member district represents the residents of that 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 8870 - Trinity Glen Rose Groundwater Conservation District › Subchapter B. Board of Directors › Section 8870.053. Election Date

Sec. 8870.053.  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 8870 - Trinity Glen Rose Groundwater Conservation District › Subchapter B. Board of Directors › Section 8870.054. Qualifications for Office

Sec. 8870.054.  QUALIFICATIONS FOR OFFICE.  (a)  To be qualified to be a candidate for or to serve as director, a person must be a registered voter in the single-member district that the person represents or seeks to represent.
(b)  The disqualification of a director is governed by Section 49.052, Water Code.
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 8870 - Trinity Glen Rose Groundwater Conservation District › Subchapter B. Board of Directors › Section 8870.055. Board Vacancy

Sec. 8870.055.  BOARD VACANCY.  (a)  The board shall appoint a replacement to fill a vacancy in the office of director.
(b)  The appointed replacement serves until the next directors' election.
(c)  At that election, a person is elected to fill the position.  If the position is not scheduled to be filled at the election, the person elected to fill the position serves only for the remainder of the unexpired term.
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 8870 - Trinity Glen Rose Groundwater Conservation District › Subchapter B. Board of Directors › Section 8870.056. Revision of Single-Member Districts

Sec. 8870.056.  REVISION OF SINGLE-MEMBER DISTRICTS.  (a)  The board may revise the single-member districts as necessary or appropriate.
(b)  The board shall revise each single-member district after each federal decennial census to reflect population changes.
(c)  At the first election after the single-member districts are revised, a new director shall be elected from each district.  The directors shall draw lots to determine which two directors serve two-year terms and which three directors serve 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 8870 - Trinity Glen Rose Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8870.101. Groundwater Conservation District Powers and Duties

Sec. 8870.101.  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 8870 - Trinity Glen Rose Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8870.102. Regulation of Wells

Sec. 8870.102.  REGULATION OF WELLS.  (a)  The board may require all or certain types of wells in the district to be registered with the district.
(b)  Notwithstanding Section 36.117, Water Code:
(1)  the production capacity for an exempt well in the district is 10,000 gallons per day or less; and
(2)  an exempt domestic well in the district may not serve more than five households.
(c)  A well on or serving a tract of land of less than five acres that is installed after September 1, 2001, regardless of whether a plat is required or whether the production capacity of the well is less than 10,000 gallons per day, is not an exempt well.
(d)  This section does not affect the exempt status of public water supply wells under Section 8870.103.
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 8870 - Trinity Glen Rose Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8870.103. Public Water Supply Wells; Certain Wells Exempt From Regulation

Sec. 8870.103.  PUBLIC WATER SUPPLY WELLS; CERTAIN WELLS EXEMPT FROM REGULATION.  (a)  A public water supply well is exempt from regulation by the district if:
(1)  the well existed on September 1, 2001, and was drilled in compliance with technical requirements in effect at the time the well was drilled; or
(2)  the commission approved plans submitted for the installation of the well before September 1, 2001, and the installation of the well was completed in accordance with the approved plans and the commission's technical requirements before September 1, 2002.
(b)  For the purposes of Subsection (a)(2), the installation of a well was timely completed if, before September 1, 2002, the well was drilled, cased, and cemented in accordance with the commission's technical requirements and the plans submitted to and approved by the commission before September 1, 2001, even if the well was capped for subsequent placement into service as part of a public water system.
(c)  The owner of a public water supply well shall register the well with the district and submit reports to the district.  A public water supply well is subject to the district's prohibitions on the waste of groundwater.
(d)  The district may not require a construction or operating permit for a public water supply well approved by the commission.
(e)  Fees a retail public utility pays to the district shall be collected directly from the customers of the utility as a regulatory fee and shown as a separate line item on the customer's bill.
(f)  The district may not prohibit the sale, purchase, lease, or trade of groundwater by a private well owner under this section.
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 8870 - Trinity Glen Rose Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8870.104. Management Practices; Construction and Maintenance

Sec. 8870.104.  MANAGEMENT PRACTICES; CONSTRUCTION AND MAINTENANCE. The district may:
(1)  construct, implement, and maintain best management practices in the district;
(2)  engage in and promote the acceptance of best management practices through education efforts sponsored by the district;
(3)  include the construction and maintenance of terraces and other structures on land in the district;
(4)  engage in and promote land treatment measures for soil conservation and improvement; and
(5)  prepare and implement a plan for the control and management of brush within 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 8870 - Trinity Glen Rose Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8870.105. Limitations on District Powers

Sec. 8870.105.  LIMITATIONS ON DISTRICT POWERS.  The district may not:
(1)  sell, donate, lease, or otherwise grant rights in or to underground water located in the district unless the action has been approved by a majority vote of district residents; or
(2)  enter into any contract or engage in any action to purchase, sell, transport, and distribute surface water or groundwater for any purpose other than a program for aquifer storage and recovery of water.
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 8870 - Trinity Glen Rose Groundwater Conservation District › Subchapter D. Financial Provisions › Section 8870.151. Maintenance and Operation Tax

Sec. 8870.151.  MAINTENANCE AND OPERATION TAX.  (a)  Except as provided by Subsection (b), the board may impose a maintenance and operation tax if the tax is approved by a majority of the qualified voters voting at an election called and held for that purpose in the manner provided by Section 36.201, Water Code.
(b)  If the district imposes a fee under Section 8870.153, the district may not impose a tax under this section.
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 8870 - Trinity Glen Rose Groundwater Conservation District › Subchapter D. Financial Provisions › Section 8870.152. Limitation on Taxes; Prohibited Taxes and Fees

Sec. 8870.152.  LIMITATION ON TAXES; PROHIBITED TAXES AND FEES.  (a)  The district may not assess an ad valorem tax for administrative, operation, and maintenance expenses in excess of three cents for each $100 valuation.
(b)  The district may not impose a tax on or charge a fee to any person in the district who does not obtain water from the Trinity Aquifer.
(c)  The district may not impose a fee or tax on:
(1)  a municipality that has held an election under Section 8870.006 or its predecessor statute, Section 19, Chapter 1312, Acts of the 77th Legislature, Regular Session, 2001, and obtains at least 50 percent of its annual water supply from a source other than the Trinity Aquifer;
(2)  a municipally owned utility, as defined by Section 13.002, Water Code, of a municipality described by Subdivision (1); or
(3)  a resident of or other water user within a municipality described by Subdivision (1), whose sole source of water is the municipality or the municipally owned utility of the municipality.
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 8870 - Trinity Glen Rose Groundwater Conservation District › Subchapter D. Financial Provisions › Section 8870.153. Fees

Sec. 8870.153.  FEES.  (a)  Except as provided by Subsection (g), the board may impose fees on each nonexempt well in the district.
(b)  A fee may be assessed annually, based on:
(1)  the size of column pipe used in the well;
(2)  the production capacity of the well; or
(3)  actual, authorized, and anticipated pumpage.
(c)  A fee imposed under this section may not exceed:
(1)  $1 per acre-foot for water used for agricultural purposes; or
(2)  $40 per acre-foot for water used for a purpose other than an agricultural purpose.
(d)  The board may use fees as a regulatory mechanism or a revenue-producing mechanism.
(e)  The board shall adopt rules regarding:
(1)  fee rates;
(2)  the manner and form for filing reports of fees; and
(3)  the manner of collecting fees.
(f)  To secure payment of a fee imposed under this section, a lien attaches to the property on which the well is located. The lien has the same priority and characteristics as a lien for district taxes.  The district may use the lien and all other powers that the district possesses to collect the payment of the fee.
(g)  If the district imposes a tax under Section 8870.151, the district may not impose a fee under this section.
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 8870 - Trinity Glen Rose Groundwater Conservation District › Subchapter D. Financial Provisions › Section 8870.154. Recharge Credits

Sec. 8870.154.  RECHARGE CREDITS.  The board shall adopt rules regarding the issuance of appropriate recharge credits to persons in the district who:
(1)  pay taxes or fees to the district; and
(2)  enhance, supplement, improve, or prevent pollution of recharge of the Trinity Aquifer.
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 8870 - Trinity Glen Rose Groundwater Conservation District › Subchapter D. Financial Provisions › Section 8870.155. Use of District Funds

Sec. 8870.155.  USE OF DISTRICT FUNDS.  (a)  The district may use a tax collected under Section 8870.151 or a fee collected under Section 8870.153 to pay for the district's management and operation and to pay all or part of the principal of and interest on district bonds or notes.
(b)  The board shall use a tax collected under Section 8870.151 or a fee collected under Section 8870.153 to pay for:
(1)  studies and planning required to develop a scientifically based regulatory program;
(2)  soil and water conservation measures, including water-retarding structures and brush management and the implementation of other best management practices to address natural resource concerns in the district;
(3)  direct installation of water conservation devices and early retirement of older devices;
(4)  educational material relating to soil and water conservation; and
(5)  enforcement programs or regulatory programs.
(c)  The district may spend a tax collected under Section 8870.151 or a fee collected under Section 8870.153 for the purposes described by Subsection (b)(2) independently or in conjunction with other natural resource programs in 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 8871 - Southwestern Travis County Groundwater Conservation District › Subchapter A. General Provisions › Section 8871.001. Definitions

Sec. 8871.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "Commission" means the Texas Commission on Environmental Quality.
(3)  "Director" means a board member.
(4)  "District" means the Southwestern Travis County Groundwater Conservation District.
Added by Acts 2017, 85th Leg., R.S., Ch. 644 (H.B. 4345), Sec. 2.02, eff. September 1, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8871 - Southwestern Travis County Groundwater Conservation District › Subchapter A. General Provisions › Section 8871.002. Nature of District

Sec. 8871.002.  NATURE OF DISTRICT.  The district is a groundwater conservation district in Travis County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
Added by Acts 2017, 85th Leg., R.S., Ch. 644 (H.B. 4345), Sec. 2.02, eff. September 1, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8871 - Southwestern Travis County Groundwater Conservation District › Subchapter A. General Provisions › Section 8871.003. Findings of Public Use and Benefit

Sec. 8871.003.  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 2017, 85th Leg., R.S., Ch. 644 (H.B. 4345), Sec. 2.02, eff. September 1, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8871 - Southwestern Travis County Groundwater Conservation District › Subchapter A. General Provisions › Section 8871.004. Initial District Territory

Sec. 8871.004.  INITIAL DISTRICT TERRITORY.  (a)  The district is initially composed of the territory described by Section 2.03 of the Act enacting this chapter.
(b)  The boundaries and field notes contained in Section 2.03 of the Act enacting this chapter form a closure. A mistake made in the field notes or in copying the field notes 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; or
(3)  legality or operation.
Added by Acts 2017, 85th Leg., R.S., Ch. 644 (H.B. 4345), Sec. 2.02, eff. September 1, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8871 - Southwestern Travis County Groundwater Conservation District › Subchapter B. Temporary and Initial Directors › Section 8871.021. Appointment of Temporary Directors; Vacancies; Terms

Sec. 8871.021.  APPOINTMENT OF TEMPORARY DIRECTORS; VACANCIES; TERMS.  (a)  Seven persons who reside in the district shall be appointed as temporary directors not later than the 90th day after the effective date of the article of the Act creating this chapter as follows:
(1)  the county judge of Travis County shall appoint one temporary director;
(2)  the county commissioner for the county commissioners precinct in which the district is principally located shall appoint two temporary directors;
(3)  the state representative who represents the house district in which the district is principally located shall appoint two temporary directors; and
(4)  the state senator who represents the senate district in which the district is principally located shall appoint two temporary directors.
(b)  If a temporary director fails to qualify for office or a vacancy occurs on the temporary board, the remaining temporary directors shall appoint a person to fill the vacancy.  If at any time there are fewer than four temporary directors, the state representative under Subsection (a)(3) shall appoint the necessary number of persons to fill all vacancies on the board.
(c)  Temporary directors serve until the date initial directors are elected at an election held under Section 8871.024.
Added by Acts 2017, 85th Leg., R.S., Ch. 644 (H.B. 4345), Sec. 2.02, eff. September 1, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8871 - Southwestern Travis County Groundwater Conservation District › Subchapter B. Temporary and Initial Directors › Section 8871.022. Organizational Meeting

Sec. 8871.022.  ORGANIZATIONAL MEETING.  (a)  Not later than the 45th day after the date on which the seventh temporary director is appointed under Section 8871.021, the temporary directors shall hold the organizational meeting of the district.
(b)  The temporary directors shall select from among themselves a president, a vice president, and a secretary.
Added by Acts 2017, 85th Leg., R.S., Ch. 644 (H.B. 4345), Sec. 2.02, eff. September 1, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8871 - Southwestern Travis County Groundwater Conservation District › Subchapter B. Temporary and Initial Directors › Section 8871.023. Authority of Temporary Directors

Sec. 8871.023.  AUTHORITY OF TEMPORARY DIRECTORS.  (a)  Except as provided by Subsections (c) and (d) or as otherwise provided by this subchapter, the temporary directors of the district have the same permitting and general management powers as those provided for initial and permanent directors under this chapter and Chapter 36, Water Code.
(b)  The temporary directors or their designees have the authority to enter any public or private property located in the district to inspect a water well that is not exempt under Section 8871.103, as provided by Section 36.123, Water Code.
(c)  Except as provided by Section 8871.024, the temporary directors do not have the authority granted by the following provisions of Chapter 36, Water Code:
(1)  Sections 36.017, 36.019, 36.020, and 36.059;
(2)  Sections 36.105, 36.1071, 36.1072, 36.1073, and 36.108;
(3)  Sections 36.171-36.181;
(4)  Sections 36.201-36.204; and
(5)  Subchapters J and K.
(d)  The temporary directors may regulate the transfer of groundwater out of the district as provided by Section 36.122, Water Code, but may not prohibit the transfer of groundwater out of the district.
Added by Acts 2017, 85th Leg., R.S., Ch. 644 (H.B. 4345), Sec. 2.02, eff. September 1, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8871 - Southwestern Travis County Groundwater Conservation District › Subchapter B. Temporary and Initial Directors › Section 8871.024. Confirmation and Initial Directors' Election

Sec. 8871.024.  CONFIRMATION AND INITIAL DIRECTORS' ELECTION.  (a)  The temporary directors shall order an election in the district, to be held not later than the uniform election date in November 2019, to confirm the creation of the district and to elect the initial directors.
(b)  At the election held under this section, the temporary board shall have placed on the ballot the names of the candidates who are eligible under Section 8871.051 for each of the seven positions on the board.
(c)  Section 41.001(a), Election Code, applies to an election held under this section.
(d)  Except as provided by this section, an election held under this section must be conducted as provided by the Election Code and Sections 36.017, 36.018, and 36.019, Water Code.  The following provisions of the Water Code do not apply to an election under this section:
(1)  Section 36.017(a);
(2)  the provision of Section 36.017(d) governing ballot provisions for the election of permanent directors; and
(3)  Section 36.059(b).
(e)  If the district's creation is not confirmed at an election held under Subsection (a), the candidate who receives a majority of the votes cast at that election for each of the seven positions on the board becomes a temporary director of the district.  The temporary directors elected under this subsection shall order a subsequent election to be held to confirm the creation of the district and to elect the initial directors not earlier than the uniform election date in November 2020.
(f)  Temporary directors elected under Subsection (e) serve until:
(1)  the date initial directors are elected at the subsequent election ordered under Subsection (e) if the creation of the district is confirmed; or
(2)  the fourth anniversary of the date of the election held under Subsection (a) if the creation of the district is not confirmed.
(g)  The vacancy provision of Section 8871.021, and Section 8871.023,  apply  to  the  temporary  directors  elected  under Subsection (e).
Added by Acts 2017, 85th Leg., R.S., Ch. 644 (H.B. 4345), Sec. 2.02, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 73 (S.B. 669), Sec. 1, eff. May 20, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8871 - Southwestern Travis County Groundwater Conservation District › Subchapter B. Temporary and Initial Directors › Section 8871.025. Initial Directors

Sec. 8871.025.  INITIAL DIRECTORS.  (a)  Promptly after an election has been held under Section 8871.024 and the votes have been canvassed, if the creation of the district is confirmed, the temporary directors shall:
(1)  declare for each board position the person who receives the most votes for that position to be elected as the initial director for that position; and
(2)  include the results of the initial directors' election in the district's election report to the commission.
(b)  The initial directors shall draw lots to determine which three initial directors serve two-year terms and which four initial directors serve four-year terms.
Added by Acts 2017, 85th Leg., R.S., Ch. 644 (H.B. 4345), Sec. 2.02, eff. September 1, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8871 - Southwestern Travis County Groundwater Conservation District › Subchapter C. Board of Directors › Section 8871.051. Governing Body; Terms

Sec. 8871.051.  GOVERNING BODY; TERMS.  (a)  The district is governed by a board of seven directors.
(b)  Directors elected after the election held under Section 8871.024 serve four-year terms.
(c)  The directors are elected as follows:
(1)  one director must reside in the corporate limits of the City of Bee Cave and be elected by voters residing in the City of Bee Cave;
(2)  one director must reside in the corporate limits of the City of Lakeway or Village of the Hills and be elected by voters residing in the City of Lakeway and Village of the Hills;
(3)  one director must reside in the corporate limits of the City of West Lake Hills and be elected by voters residing in the City of West Lake Hills; and
(4)  four directors must:
(A)  reside inside the district and outside the corporate limits of the City of Bee Cave, City of Lakeway, Village of the Hills, and City of West Lake Hills;
(B)  be elected by voters residing inside the district and outside the corporate limits of the City of Bee Cave, City of Lakeway, Village of the Hills, and City of West Lake Hills; and
(C)  each use groundwater as a source of water supply for one or more beneficial uses at their respective residences.
Added by Acts 2017, 85th Leg., R.S., Ch. 644 (H.B. 4345), Sec. 2.02, eff. September 1, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8871 - Southwestern Travis County Groundwater Conservation District › Subchapter D. Powers and Duties › Section 8871.101. Groundwater Conservation District Powers and Duties

Sec. 8871.101.  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, applicable to groundwater conservation districts created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2017, 85th Leg., R.S., Ch. 644 (H.B. 4345), Sec. 2.02, eff. September 1, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8871 - Southwestern Travis County Groundwater Conservation District › Subchapter D. Powers and Duties › Section 8871.102. Aquifer Storage and Recovery Projects

Sec. 8871.102.  AQUIFER STORAGE AND RECOVERY PROJECTS.  The district may implement and develop aquifer storage and recovery projects in accordance with:
(1)  Chapters 27 and 36, Water Code; and
(2)  commission rules and guidance.
Added by Acts 2017, 85th Leg., R.S., Ch. 644 (H.B. 4345), Sec. 2.02, eff. September 1, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8871 - Southwestern Travis County Groundwater Conservation District › Subchapter D. Powers and Duties › Section 8871.103. Exempt Wells

Sec. 8871.103.  EXEMPT WELLS.  (a)  Groundwater withdrawals from the following wells may not be regulated, permitted, or metered by the district:
(1)  a well used for domestic use by a single private residential household and incapable of producing more than 10,000 gallons per day; and
(2)  a well used solely for domestic use or for providing water for livestock or poultry if the well is:
(A)  located or to be located on a tract of land larger than 10 acres; and
(B)  drilled, completed, or equipped so that it is incapable of producing more than 25,000 gallons of groundwater a day.
(b)  The district may not charge or collect a well construction fee for a well described by Subsection (a)(2).
(c)  A well used for dewatering and monitoring in the production of coal or lignite is exempt from permit requirements, regulations, and fees imposed by the district.
Added by Acts 2017, 85th Leg., R.S., Ch. 644 (H.B. 4345), Sec. 2.02, eff. September 1, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8871 - Southwestern Travis County Groundwater Conservation District › Subchapter D. Powers and Duties › Section 8871.104. Permit Required

Sec. 8871.104.  PERMIT REQUIRED.  A well owner must obtain a permit and pay any required fees, including a well construction fee, before using any groundwater withdrawn from a well for purposes other than those exempted by Section 8871.103.
Added by Acts 2017, 85th Leg., R.S., Ch. 644 (H.B. 4345), Sec. 2.02, eff. September 1, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8871 - Southwestern Travis County Groundwater Conservation District › Subchapter D. Powers and Duties › Section 8871.105. Access to Property

Sec. 8871.105.  ACCESS TO PROPERTY.  (a)  Subject to Subsection (b), an employee or agent of the district is entitled to enter public or private property in the district at any reasonable time to:
(1)  inspect an exempt well;
(2)  inspect and investigate conditions relating to the quality of water in the state; and
(3)  monitor compliance with any rule, regulation, permit, or other order of the district.
(b)  An employee or agent of the district must obtain the permission of the property owner before entering public or private property.
(c)  If any employee or agent of the district is refused the right to enter public or private property in the district under this section, the district may seek a court order from a district court authorizing the district to enter the land.
(d)  An employee or agent who enters private property under this section shall:
(1)  observe the property's rules and regulations, if any, concerning safety, internal security, and fire protection;
(2)  notify management or a person in charge of the presence of the employee or agent; and
(3)  exhibit proper credentials.
Added by Acts 2017, 85th Leg., R.S., Ch. 644 (H.B. 4345), Sec. 2.02, eff. September 1, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8871 - Southwestern Travis County Groundwater Conservation District › Subchapter D. Powers and Duties › Section 8871.106. No Eminent Domain Power

Sec. 8871.106.  NO EMINENT DOMAIN POWER.  The district may not exercise the power of eminent domain.
Added by Acts 2017, 85th Leg., R.S., Ch. 644 (H.B. 4345), Sec. 2.02, eff. September 1, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8871 - Southwestern Travis County Groundwater Conservation District › Subchapter E. Financial Provisions › Section 8871.151. Well Construction Fee

Sec. 8871.151.  WELL CONSTRUCTION FEE.  The district may charge and collect a new well construction fee not to exceed $1,000 for a new well.
Added by Acts 2017, 85th Leg., R.S., Ch. 644 (H.B. 4345), Sec. 2.02, eff. September 1, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8871 - Southwestern Travis County Groundwater Conservation District › Subchapter E. Financial Provisions › Section 8871.152. Permit Renewal Application Fee

Sec. 8871.152.  PERMIT RENEWAL APPLICATION FEE.  The district may charge and collect a permit renewal application fee not to exceed $400.
Added by Acts 2017, 85th Leg., R.S., Ch. 644 (H.B. 4345), Sec. 2.02, eff. September 1, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8871 - Southwestern Travis County Groundwater Conservation District › Subchapter E. Financial Provisions › Section 8871.153. Service Connection Fee

Sec. 8871.153.  SERVICE CONNECTION FEE.  (a)  This section does not apply to a water utility that has surface water as its sole source of water.
(b)  The district may levy and collect a water utility service connection fee not to exceed $1,000 for each new water service connection made after September 1, 2017.
Added by Acts 2017, 85th Leg., R.S., Ch. 644 (H.B. 4345), Sec. 2.02, eff. September 1, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8871 - Southwestern Travis County Groundwater Conservation District › Subchapter E. Financial Provisions › Section 8871.154. Production Fee

Sec. 8871.154.  PRODUCTION FEE.  The district may impose reasonable production fees on each well that is not exempt from permitting under Section 8871.103 based on the amount of water actually withdrawn from the well.  The district may not impose a production fee under this section in an amount greater than 20 cents per thousand gallons.
Added by Acts 2017, 85th Leg., R.S., Ch. 644 (H.B. 4345), Sec. 2.02, eff. September 1, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8871 - Southwestern Travis County Groundwater Conservation District › Subchapter E. Financial Provisions › Section 8871.155. Administrative Management Fee

Sec. 8871.155.  ADMINISTRATIVE MANAGEMENT FEE.  The district may set a reasonable fee for administrative management on a per well basis.  The district may set a fee for administrative management on a well that is exempt from permitting in an amount not greater than $40 per well, per year.
Added by Acts 2017, 85th Leg., R.S., Ch. 644 (H.B. 4345), Sec. 2.02, eff. September 1, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8871 - Southwestern Travis County Groundwater Conservation District › Subchapter E. Financial Provisions › Section 8871.156. Certain Fees Prohibited

Sec. 8871.156.  CERTAIN FEES PROHIBITED.  The district may not charge a fee under Section 36.205(b), (c), or (f), Water Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 644 (H.B. 4345), Sec. 2.02, eff. September 1, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8871 - Southwestern Travis County Groundwater Conservation District › Subchapter E. Financial Provisions › Section 8871.157. Limitation on Authority to Impose Taxes

Sec. 8871.157.  LIMITATION ON AUTHORITY TO IMPOSE TAXES.  The district does not have the authority granted by Sections 36.020 and 36.201-36.204, Water Code, relating to taxes.
Added by Acts 2017, 85th Leg., R.S., Ch. 644 (H.B. 4345), Sec. 2.02, eff. September 1, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8873 - Deep East Texas Groundwater Conservation District › Subchapter A. General Provisions › Section 8873.001. Definitions

Sec. 8873.001.  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 Deep East Texas Groundwater Conservation District.
Added by Acts 2013, 83rd Leg., R.S., Ch. 496 (S.B. 1840), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8873 - Deep East Texas Groundwater Conservation District › Subchapter A. General Provisions › Section 8873.002. Nature of District; Findings

Sec. 8873.002.  NATURE OF DISTRICT; FINDINGS.  (a)  The district is a groundwater conservation district in Sabine, San Augustine, and Shelby Counties created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
(b)  The district is created to serve a public use and benefit.
(c)  All of the land and other property included within the boundaries of the district will be benefited by the works and projects that are to be accomplished by the district under powers conferred by this chapter and by Chapter 36, Water Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 496 (S.B. 1840), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8873 - Deep East Texas Groundwater Conservation District › Subchapter A. General Provisions › Section 8873.003. Confirmation Election Required

Sec. 8873.003.  CONFIRMATION ELECTION REQUIRED.  If the creation of the district is not confirmed at a confirmation election held under Section 8873.023 before September 1, 2015:
(1)  the district is dissolved on September 1, 2015, except that:
(A)  any debts incurred shall be paid;
(B)  any assets that remain after the payment of debts shall be transferred to each county in proportion to the contribution of money made; 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, 2017.
Added by Acts 2013, 83rd Leg., R.S., Ch. 496 (S.B. 1840), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8873 - Deep East Texas Groundwater Conservation District › Subchapter A. General Provisions › Section 8873.004. Initial District Territory

Sec. 8873.004.  INITIAL DISTRICT TERRITORY.  (a)  Except as provided by Subsections (b) and (c), the initial boundaries of the district are coextensive with the boundaries of Sabine, San Augustine, and Shelby Counties.
(b)  If the creation of the district is not confirmed by the voters of a county at an election held under Section 8873.023, that county is not included in the district.
(c)  If a majority of the voters of the City of Center do not vote at an election under Section 8873.024 in favor of the inclusion in the district of the territory of the city, as that territory exists on the date of the election, the territory of the City of Center is not included in the district.
Added by Acts 2013, 83rd Leg., R.S., Ch. 496 (S.B. 1840), Sec. 1, eff. June 14, 2013.