reglab/statecodes huggingface dataset:
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8810 - Central Texas Groundwater Conservation District › Subchapter A. General Provisions › Section 8810.006. Applicability of Other Groundwater Conservation District Law

Sec. 8810.006.  APPLICABILITY OF OTHER GROUNDWATER CONSERVATION DISTRICT LAW.  Except as otherwise provided by this chapter, Chapter 36, Water Code, applies to the district.
Added by Acts 2005, 79th Leg., Ch. 855 (S.B. 967), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8810 - Central Texas Groundwater Conservation District › Subchapter B. Board of Directors › Section 8810.051. Directors; Terms

Sec. 8810.051.  DIRECTORS; TERMS.  (a)  The district is governed by a board of five directors.
(b)  Directors serve staggered four-year terms, with two or three directors' terms expiring at the first meeting of the board after the November election in even-numbered years and after the board has canvassed the votes and the newly elected directors have qualified for office and taken the constitutional oath.
(c)  A director may serve consecutive terms.
Added by Acts 2005, 79th Leg., Ch. 855 (S.B. 967), Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 512 (S.B. 168), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8810 - Central Texas Groundwater Conservation District › Subchapter B. Board of Directors › Section 8810.052. Method of Electing Directors: Commissioners Precincts

Sec. 8810.052.  METHOD OF ELECTING DIRECTORS:  COMMISSIONERS PRECINCTS.  (a)  The directors of the district shall be elected according to the commissioners precinct method as provided by this section.
(b)  One director shall be elected by the voters of the entire district, and one director shall be elected from each county commissioners precinct by the voters of that precinct.
(c)  Except as provided by Subsection (e), to be eligible to be a candidate for or to serve as director at large, a person must be a registered voter in the district.  To be a candidate for or to serve as director from a county commissioners precinct, a person must be a registered voter of that precinct.
(d)  A person shall indicate on the application for a place on the ballot:
(1)  the precinct that the person seeks to represent; or
(2)  that the person seeks to represent the district at large.
(e)  When the boundaries of the county commissioners precincts are redrawn after each federal decennial census to reflect population changes, a director in office on the effective date of the change, or a director elected or appointed before the effective date of the change whose term of office begins on or after the effective date of the change, shall serve in the precinct to which elected or appointed even though the change in boundaries places the person's residence outside the precinct for which the person was elected or appointed.
Added by Acts 2005, 79th Leg., Ch. 855 (S.B. 967), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8810 - Central Texas Groundwater Conservation District › Subchapter B. Board of Directors › Section 8810.053. Election Date

Sec. 8810.053.  ELECTION DATE.  The district shall hold an election to elect the appropriate number of directors on the uniform election date prescribed by Section 41.001, Election Code, in November of each even-numbered year.
Added by Acts 2005, 79th Leg., Ch. 855 (S.B. 967), Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 512 (S.B. 168), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8810 - Central Texas Groundwater Conservation District › Subchapter B. Board of Directors › Section 8810.054. Division of Municipality

Sec. 8810.054.  DIVISION OF MUNICIPALITY.  The provision in Section 36.059(b), Water Code, concerning the division of a municipal corporation among precincts does not apply to an election under this chapter.
Added by Acts 2005, 79th Leg., Ch. 855 (S.B. 967), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8810 - Central Texas Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8810.101. Permit Consideration

Sec. 8810.101.  PERMIT CONSIDERATION.  Before granting or denying a permit under Section 36.113, Water Code, the district shall consider if the proposed use of water unreasonably affects surrounding landowners.
Added by Acts 2005, 79th Leg., Ch. 855 (S.B. 967), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8810 - Central Texas Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8810.102. Permits for Certain Activities; Applicable Rules

Sec. 8810.102.  PERMITS FOR CERTAIN ACTIVITIES; APPLICABLE RULES.  (a)  The district may require a permit for any activity that extracts groundwater or allows more than 25,000 gallons of groundwater a day to escape.
(b)  If a permit is required under Subsection (a), the permit holder is subject to rules adopted by the district to:
(1)  conserve, preserve, protect, and recharge the groundwater or a groundwater reservoir or its subdivisions to control subsidence, prevent degradation of groundwater quality, and prevent waste of groundwater; and
(2)  carry out any other power or duty under Chapter 36, Water Code.
(c)  To the extent of a conflict, this section controls over Section 36.117(b), Water Code.
Added by Acts 2005, 79th Leg., Ch. 855 (S.B. 967), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8810 - Central Texas Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8810.103. Impact of Transfer

Sec. 8810.103.  IMPACT OF TRANSFER.  (a)  If the district finds that a transfer of groundwater out of the district negatively impacts any of the factors described by Section 36.122(f), Water Code, the district may impose additional requirements or limitations on the permit that are designed to minimize those impacts.
(b)  Sections 36.122(c), (e), (i), and (j), Water Code, do not apply to a requirement or limitation imposed under this section.
Added by Acts 2005, 79th Leg., Ch. 855 (S.B. 967), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8810 - Central Texas Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8810.104. Contracts With Other Governmental Entities

Sec. 8810.104.  CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES.  The district and another governmental entity, including a river authority located in the district, may enter into a contract for the performance by that entity of a district function.
Added by Acts 2005, 79th Leg., Ch. 855 (S.B. 967), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8810 - Central Texas Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8810.105. Revenue

Sec. 8810.105.  REVENUE.  (a)  To pay the maintenance and operating costs of the district and to pay any bonds or notes issued by the district, the district may:
(1)  impose ad valorem taxes at a rate not to exceed five cents on each $100 of assessed valuation of taxable property;
(2)  assess fees for services or for water withdrawn from nonexempt wells; or
(3)  solicit and accept grants from any private or public source.
(b)  The district may not impose ad valorem taxes to pay the maintenance and operating costs of the district at a rate that exceeds the maximum rate approved by a majority of the voters of the district voting at an election in the district held for that purpose.
Added by Acts 2005, 79th Leg., Ch. 855 (S.B. 967), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8810 - Central Texas Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8810.106. Prohibition on District Use of Eminent Domain Powers

Sec. 8810.106.  PROHIBITION ON DISTRICT USE OF EMINENT DOMAIN POWERS.  The district may not exercise the power of eminent domain.
Added by Acts 2005, 79th Leg., Ch. 855 (S.B. 967), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8810 - Central Texas Groundwater Conservation District › Subchapter D. Dissolution › Section 8810.151. Election for Dissolution

Sec. 8810.151.  ELECTION FOR DISSOLUTION.  (a)  If the district has no outstanding bond or other long-term indebtedness, the district may be dissolved by a favorable vote of a majority of the registered voters of the district at an election called for that purpose.
(b)  The board shall call a dissolution election if the board receives a petition for dissolution signed by at least 50 percent of the registered voters in the district as computed by using the list of registered voters for Burnet County.
(c)  If the district is dissolved under this section, the board shall:
(1)  notify the Texas Commission on Environmental Quality and the secretary of state of the dissolution; and
(2)  transfer title to any assets of the district to Burnet County.
Added by Acts 2005, 79th Leg., Ch. 855 (S.B. 967), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8811 - Corpus Christi Aquifer Storage and Recovery Conservation District › Subchapter A. General Provisions › Section 8811.001. Definitions

Sec. 8811.001.  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 Corpus Christi Aquifer Storage and Recovery Conservation District.
Added by Acts 2005, 79th Leg., Ch. 1324 (H.B. 3513), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8811 - Corpus Christi Aquifer Storage and Recovery Conservation District › Subchapter A. General Provisions › Section 8811.002. Nature of District

Sec. 8811.002.  NATURE OF DISTRICT.  The district is a conservation and reclamation district in Kleberg, Nueces, and San Patricio Counties created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.  The district is created to develop and protect municipal aquifer storage areas created by the City of Corpus Christi.
Added by Acts 2005, 79th Leg., Ch. 1324 (H.B. 3513), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8811 - Corpus Christi Aquifer Storage and Recovery Conservation District › Subchapter A. General Provisions › Section 8811.003. Confirmation Election Not Required

Sec. 8811.003.  CONFIRMATION ELECTION NOT REQUIRED.  An election to confirm the creation of the district is not required.
Added by Acts 2005, 79th Leg., Ch. 1324 (H.B. 3513), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8811 - Corpus Christi Aquifer Storage and Recovery Conservation District › Subchapter A. General Provisions › Section 8811.004. Initial District Territory

Sec. 8811.004.  INITIAL DISTRICT TERRITORY.  The initial boundaries of the district are coextensive with the city limits of the City of Corpus Christi and include:
(1)  property owned by or under contract to the City of Corpus Christi in Nueces and Kleberg Counties; and
(2)  in San Patricio County, property owned by or under contract to the City of Corpus Christi and bounded on the west by Interstate Highway 37 and U.S. Highway 77, on the north by the metropolitan planning organization boundary, on the east by County Road 2849, and on the south by the city limits of the City of Corpus Christi.
Added by Acts 2005, 79th Leg., Ch. 1324 (H.B. 3513), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8811 - Corpus Christi Aquifer Storage and Recovery Conservation District › Subchapter A. General Provisions › Section 8811.005. Applicability of Other Law

Sec. 8811.005.  APPLICABILITY OF OTHER LAW.  Except as otherwise provided by this chapter, Chapter 36, Water Code, applies to the district.
Added by Acts 2005, 79th Leg., Ch. 1324 (H.B. 3513), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8811 - Corpus Christi Aquifer Storage and Recovery Conservation District › Subchapter A. General Provisions › Section 8811.006. Creation of Groundwater Conservation Districts in San Patricio County

Sec. 8811.006.  CREATION OF GROUNDWATER CONSERVATION DISTRICTS IN SAN PATRICIO COUNTY.  (a)  This chapter does not preclude the creation of a groundwater conservation district in San Patricio County.
(b)  A groundwater conservation district created in San Patricio County may not limit or restrict the district from recovering water stored by the district in a municipal aquifer storage area in the district, even if the municipal aquifer storage area is also located in the groundwater conservation district.
(c)  To the extent that the boundaries of the district and a groundwater conservation district in San Patricio County overlap, the power and authority of the two districts are joint and coextensive.
(d)  The district and land in the district are exempt from taxes and fees imposed by a groundwater conservation district created in San Patricio County.
Added by Acts 2005, 79th Leg., Ch. 1324 (H.B. 3513), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8811 - Corpus Christi Aquifer Storage and Recovery Conservation District › Subchapter B. Board of Directors › Section 8811.021. Directors; Terms

Sec. 8811.021.  DIRECTORS; TERMS.  (a)  The district is governed by a board of five directors.
(b)  Except as provided by Subsection (c), directors serve staggered four-year terms.
(c)  The initial directors shall draw lots to determine which three directors shall serve four-year terms that expire at the end of the calendar year four years after the effective date of the Act creating this chapter, and which two directors shall serve two-year terms that expire at the end of the calendar year two years after the effective date of the Act creating this chapter.
Added by Acts 2005, 79th Leg., Ch. 1324 (H.B. 3513), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8811 - Corpus Christi Aquifer Storage and Recovery Conservation District › Subchapter B. Board of Directors › Section 8811.022. Appointment of Directors

Sec. 8811.022.  APPOINTMENT OF DIRECTORS.  The Corpus Christi City Council shall appoint the directors.
Added by Acts 2005, 79th Leg., Ch. 1324 (H.B. 3513), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8811 - Corpus Christi Aquifer Storage and Recovery Conservation District › Subchapter B. Board of Directors › Section 8811.023. Vacancy

Sec. 8811.023.  VACANCY.  If a vacancy occurs on the board, the board may appoint a director to serve the remainder of the term.
Added by Acts 2005, 79th Leg., Ch. 1324 (H.B. 3513), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8811 - Corpus Christi Aquifer Storage and Recovery Conservation District › Subchapter B. Board of Directors › Section 8811.024. Officers

Sec. 8811.024.  OFFICERS.  The board shall annually elect officers.  The officers must be confirmed by the Corpus Christi City Council.
Added by Acts 2005, 79th Leg., Ch. 1324 (H.B. 3513), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8811 - Corpus Christi Aquifer Storage and Recovery Conservation District › Subchapter C. Powers and Duties › Section 8811.051. Aquifer Storage and Recovery Projects

Sec. 8811.051.  AQUIFER STORAGE AND RECOVERY PROJECTS.  The district may implement and develop aquifer storage and recovery projects.
Added by Acts 2005, 79th Leg., Ch. 1324 (H.B. 3513), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8811 - Corpus Christi Aquifer Storage and Recovery Conservation District › Subchapter C. Powers and Duties › Section 8811.052. Municipal Aquifer Storage Areas in San Patricio County

Sec. 8811.052.  MUNICIPAL AQUIFER STORAGE AREAS IN SAN PATRICIO COUNTY.  The district may not allow more water to be recovered from a municipal aquifer storage area in San Patricio County than the amount of water stored by the district at the municipal aquifer storage area.
Added by Acts 2005, 79th Leg., Ch. 1324 (H.B. 3513), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8811 - Corpus Christi Aquifer Storage and Recovery Conservation District › Subchapter C. Powers and Duties › Section 8811.053. Taxes and Bonds Prohibited

Sec. 8811.053.  TAXES AND BONDS PROHIBITED.  The district may not impose a tax or issue bonds.
Added by Acts 2005, 79th Leg., Ch. 1324 (H.B. 3513), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8811 - Corpus Christi Aquifer Storage and Recovery Conservation District › Subchapter C. Powers and Duties › Section 8811.054. Eminent Domain

Sec. 8811.054.  EMINENT DOMAIN.  The district may not exercise the power of eminent domain.
Added by Acts 2005, 79th Leg., Ch. 1324 (H.B. 3513), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8812 - Victoria County Groundwater Conservation District › Subchapter A. General Provisions › Section 8812.001. Definitions

Sec. 8812.001.  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 Victoria County Groundwater Conservation District.
Added by Acts 2005, 79th Leg., Ch. 661 (H.B. 3423), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8812 - Victoria County Groundwater Conservation District › Subchapter A. General Provisions › Section 8812.002. Nature of District

Sec. 8812.002.  NATURE OF DISTRICT.  The district is a groundwater conservation district in Victoria County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
Added by Acts 2005, 79th Leg., Ch. 661 (H.B. 3423), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8812 - Victoria County Groundwater Conservation District › Subchapter A. General Provisions › Section 8812.003. Confirmation Election Required

Sec. 8812.003.  CONFIRMATION ELECTION REQUIRED.  If the creation of the district is not confirmed at a confirmation election held before September 1, 2010:
(1)  the district is dissolved on September 1, 2010, except that:
(A)  any debts incurred shall be paid;
(B)  any assets that remain after the payment of debts shall be transferred to Victoria County; 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 on September 1, 2013.
Added by Acts 2005, 79th Leg., Ch. 661 (H.B. 3423), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8812 - Victoria County Groundwater Conservation District › Subchapter A. General Provisions › Section 8812.004. Initial District Territory

Sec. 8812.004.  INITIAL DISTRICT TERRITORY.  The initial boundaries of the district are coextensive with the boundaries of Victoria County, Texas.
Added by Acts 2005, 79th Leg., Ch. 661 (H.B. 3423), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8812 - Victoria County Groundwater Conservation District › Subchapter A. General Provisions › Section 8812.005. Applicability of Other Groundwater Conservation District Law

Sec. 8812.005.  APPLICABILITY OF OTHER GROUNDWATER CONSERVATION DISTRICT LAW.  Except as otherwise provided by this chapter, Chapter 36, Water Code, applies to the district.
Added by Acts 2005, 79th Leg., Ch. 661 (H.B. 3423), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8812 - Victoria County Groundwater Conservation District › Subchapter B. Board of Directors › Section 8812.051. Directors; Terms

Sec. 8812.051.  DIRECTORS; TERMS.  (a)  The district is governed by a board of five directors.
(b)  Directors serve staggered four-year terms.
Added by Acts 2005, 79th Leg., Ch. 661 (H.B. 3423), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8812 - Victoria County Groundwater Conservation District › Subchapter B. Board of Directors › Section 8812.052. Method of Electing Directors: Commissioners Precincts

Sec. 8812.052.  METHOD OF ELECTING DIRECTORS:  COMMISSIONERS PRECINCTS.  (a)  The directors of the district shall be elected according to the commissioners precinct method as provided by this section.
(b)  One director shall be elected by the voters of the entire district, and one director shall be elected from each county commissioners precinct by the voters of that precinct.
(c)  Except as provided by Subsection (e), to be eligible to be a candidate for or to serve as director at large, a person must be at least 18 years of age and a resident of the district.  To be a candidate for or to serve as director from a county commissioners precinct, a person must be at least 18 years of age and a resident of that precinct.
(d)  A person shall indicate on the application for a place on the ballot:
(1)  the precinct that the person seeks to represent; or
(2)  that the person seeks to represent the district at large.
(e)  When the boundaries of the county commissioners precincts are redrawn after each federal decennial census to reflect population changes, a director in office on the effective date of the change, or a director elected or appointed before the effective date of the change whose term of office begins on or after the effective date of the change, shall serve in the precinct to which elected or appointed even though the change in boundaries places the person's residence outside the precinct for which the person was elected or appointed.
Added by Acts 2005, 79th Leg., Ch. 661 (H.B. 3423), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8812 - Victoria County Groundwater Conservation District › Subchapter B. Board of Directors › Section 8812.053. Election Date

Sec. 8812.053.  ELECTION DATE.  The district shall hold an election to elect the appropriate number of directors on the uniform election date prescribed by Section 41.001, Election Code, in November of each even-numbered year.
Added by Acts 2005, 79th Leg., Ch. 661 (H.B. 3423), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8812 - Victoria County Groundwater Conservation District › Subchapter B. Board of Directors › Section 8812.054. Vacancies

Sec. 8812.054.  VACANCIES.  A vacancy on the board shall be filled by appointment of the board until the next regularly scheduled directors' election.  The person appointed to fill the vacancy shall serve only for the remainder of the unexpired term.
Added by Acts 2005, 79th Leg., Ch. 661 (H.B. 3423), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8812 - Victoria County Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8812.101. Prohibition on District Use of Eminent Domain

Sec. 8812.101.  PROHIBITION ON DISTRICT USE OF EMINENT DOMAIN.  The district may not exercise the power of eminent domain.
Added by Acts 2005, 79th Leg., Ch. 661 (H.B. 3423), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8812 - Victoria County Groundwater Conservation District › Subchapter D. General Financial Provisions › Section 8812.151. Limitation on Taxes

Sec. 8812.151.  LIMITATION ON TAXES.  The district may not impose ad valorem taxes at a rate that exceeds two cents on each $100 of assessed valuation of taxable property in the district.
Added by Acts 2005, 79th Leg., Ch. 661 (H.B. 3423), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8813 - North Fort Bend Water Authority › Subchapter A. General Provisions › Section 8813.001. Definitions

Sec. 8813.001.  DEFINITIONS.  In this chapter:
(1)  "Authority" means the North Fort Bend Water Authority.
(2)  "Board" means the board of directors of the authority.
(3)  "Commission" means the Texas Commission on Environmental Quality or its successor.
(4)  "Director" means a member of the board.
(5)  "District" means any district created under Sections 52(b)(1) and (2), Article III, or Section 59, Article XVI, Texas Constitution, regardless of the manner of creation, other than:
(A)  a navigation district or port authority;
(B)  a district governed by Chapter 36, Water Code; or
(C)  a district that does not have the legal authority to supply water.
(6)  "Groundwater reduction plan" means a plan adopted or implemented to supply water, reduce reliance on groundwater, regulate groundwater pumping and usage, or require and allocate water usage among persons in order to comply with or exceed requirements imposed by the Fort Bend Subsidence District or the Harris-Galveston Subsidence District, as applicable, including any applicable groundwater reduction requirements.
(7)  "Local government" means a municipality, county, district, or other political subdivision of this state or a combination of two or more of those entities.
(8)  "Person" includes an individual, corporation, organization, government or governmental subdivision or agency, district, local government, business trust, estate, trust, partnership, association, and any other legal entity.
(9)  "Subsidence" means the lowering in elevation of the surface of land by the withdrawal of groundwater.
(10)  "System" means a network of pipelines, conduits, valves, canals, pumping stations, force mains, treatment plants, and any other construction, device, or related appurtenance used to treat or transport water.
(11)  "Water" includes:
(A)  groundwater, percolating or otherwise;
(B)  any surface water, natural or artificial, navigable or nonnavigable; and
(C)  industrial and municipal wastewater.
(12)  "Well" includes a facility, device, or method used to withdraw groundwater from a groundwater source within the boundaries of the authority.
Added by Acts 2005, 79th Leg., Ch. 893 (S.B. 1798), Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 18.006, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8813 - North Fort Bend Water Authority › Subchapter A. General Provisions › Section 8813.002. Nature of Authority

Sec. 8813.002.  NATURE OF AUTHORITY.  The authority is a regional water authority in Fort Bend and Harris Counties created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution, including the acquisition and provision of surface water and groundwater for residential, commercial, industrial, agricultural, and other uses, the reduction of groundwater withdrawals, the conservation, preservation, protection, and recharge of groundwater and of groundwater reservoirs or their subdivisions, the prevention of waste of groundwater, the control of subsidence caused by the withdrawal of water from groundwater reservoirs or their subdivisions, and other public purposes stated in this chapter.  The authority is a political subdivision of this state.
Added by Acts 2005, 79th Leg., Ch. 893 (S.B. 1798), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8813 - North Fort Bend Water Authority › Subchapter A. General Provisions › Section 8813.003. Confirmation Election Not Required

Sec. 8813.003.  CONFIRMATION ELECTION NOT REQUIRED.  An election to confirm the creation of the authority is not required.
Added by Acts 2005, 79th Leg., Ch. 893 (S.B. 1798), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8813 - North Fort Bend Water Authority › Subchapter A. General Provisions › Section 8813.004. Initial Authority Territory

Sec. 8813.004.  INITIAL AUTHORITY TERRITORY.  (a)  The authority is initially composed of the territory described by Section 2 of the Act creating this chapter.
(b)  The boundaries and field notes contained in Section 2 of the Act creating 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:
(1)  the organization, existence, or validity of the authority;
(2)  the right of the authority to issue any type of bond or note for the purposes for which the authority is created or to pay the principal of and interest on a bond or note;
(3)  the right of the authority to impose or collect a fee, user fee, rate, charge, or special assessment; or
(4)  the legality or operation of the authority.
(c)  All of the territory of a local government created after the effective date of the Act creating this chapter that encompasses any territory within the boundaries of the authority, immediately on the creation and without any action required of the authority, is subject to all of the rights, powers, privileges, and rules of the authority to the same extent as the territory was before the local government was created.
Added by Acts 2005, 79th Leg., Ch. 893 (S.B. 1798), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8813 - North Fort Bend Water Authority › Subchapter A. General Provisions › Section 8813.005. Exclusion of Certain Territory

Sec. 8813.005.  EXCLUSION OF CERTAIN TERRITORY.  (a)  A district or municipality that, on the effective date of the Act creating this chapter, is located, wholly or partly, within the territory described by Section 2(a) or (b) of the Act creating this chapter may petition for exclusion of all of its territory from the authority's boundaries by a petition signed by a majority of the members of the governing body of the district or municipality.
(b)  The board shall:
(1)  not later than the 120th day after the effective date of the Act creating this chapter, grant the petition and order the territory excluded if the petition:
(A)  includes an accurate legal description of the boundaries of the territory to be excluded; and
(B)  is filed with the authority not later than the 60th day after the effective date of the Act creating this chapter; and
(2)  if the board grants the petition, file for recording in the office of the county clerk for the applicable county or counties a copy of the order and a description of the authority's boundaries as they exist after the exclusion of the territory.
(c)  If a district or municipality is excluded from the authority's boundaries under this section, the authority is not required to:
(1)  provide water or any other service to the district or municipality; or
(2)  include the district or municipality in any groundwater reduction plan adopted or implemented by the authority.
(d)  If, not later than the 60th day after the effective date of the Act creating this chapter, a district or municipality files a petition for exclusion under this section, the authority may not impose fees, user fees, rates, charges, or special assessments on the district or municipality after the petition is filed with the authority unless the district or municipality is annexed by the authority under Section 8813.006.
(e)  If a district or municipality excluded from the authority's boundaries under this section petitions the authority to be annexed under Section 8813.006, the authority may annex the district or municipality.  The authority may, as a condition of annexation, require terms and conditions the board considers appropriate.  The authority may require the district or municipality to pay the authority the fees, user fees, charges, and special assessments, with interest, that, as determined by the authority, the district or municipality would have been charged by the authority if the district or municipality had not been excluded from the authority under this section.
Added by Acts 2005, 79th Leg., Ch. 893 (S.B. 1798), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8813 - North Fort Bend Water Authority › Subchapter A. General Provisions › Section 8813.007. Applicability of Other Law

Sec. 8813.007.  APPLICABILITY OF OTHER LAW.  (a)  Except as otherwise provided by this chapter, Chapter 49, Water Code, applies to the authority.
(b)  This chapter does not prevail over or preempt a provision of Chapter 36, Water Code, or Chapter 8801 or 8834 of this code that is being implemented by the Harris-Galveston Subsidence District or Fort Bend Subsidence District, as applicable.
(c)  Chapter 36, Water Code, does not apply to the authority.
Added by Acts 2005, 79th Leg., Ch. 893 (S.B. 1798), Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 875 (S.B. 2514), Sec. 1, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 18.007, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8813 - North Fort Bend Water Authority › Subchapter A. General Provisions › Section 8813.008. Finding of Benefit

Sec. 8813.008.  FINDING OF BENEFIT.  All the land, property, and persons included within the boundaries of the authority will be directly benefited by the works, projects, improvements, and services to be provided by the authority under powers conferred by Section 59, Article XVI, Texas Constitution, and this chapter.  The authority is created to serve a public use and benefit.  The creation of the authority will serve to promote the health, safety, and general welfare of persons within the authority and the general public.  Any fees, user fees, rates, charges, or special assessments imposed by the authority under this chapter are necessary to pay for the costs of accomplishing the purposes of the authority as set forth in Section 59, Article XVI, Texas Constitution, and this chapter, including:
(1)  the reduction of groundwater withdrawals;
(2)  the facilitation of compliance with the requirements of the Fort Bend Subsidence District or the Harris-Galveston Subsidence District, as applicable; and
(3)  the provision of services, facilities, and systems.
Added by Acts 2005, 79th Leg., Ch. 893 (S.B. 1798), Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 18.008, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8813 - North Fort Bend Water Authority › Subchapter B. Board of Directors › Section 8813.051. Directors; Terms

Sec. 8813.051.  DIRECTORS; TERMS.  (a)  The authority is governed by a board of seven directors.
(b)  The directors serve staggered four-year terms that expire May 15 of even-numbered years.
Added by Acts 2005, 79th Leg., Ch. 893 (S.B. 1798), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8813 - North Fort Bend Water Authority › Subchapter B. Board of Directors › Section 8813.052. Eligibility to Serve as Director

Sec. 8813.052.  ELIGIBILITY TO SERVE AS DIRECTOR.  (a)  To be eligible to serve as a director of the authority or to be listed on a ballot as a candidate for director of the authority representing a director precinct, an individual must:
(1)  be at least 18 years of age;
(2)  be a resident of the authority; and
(3)  have served as a director of one or more districts for a total of at least four years.
(b)  Notwithstanding Subsection (a), to serve as a director representing, or to be listed on a ballot as a candidate for director representing, a director precinct that includes any part of the City of Fulshear, an individual must:
(1)  meet the qualifications provided by Subsections (a)(1) and (2); and
(2)  have served as:
(A)  the mayor or a member of the city council of the City of Fulshear for any period; or
(B)  a director of one or more districts for a total of at least four years.
Added by Acts 2005, 79th Leg., Ch. 893 (S.B. 1798), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8813 - North Fort Bend Water Authority › Subchapter B. Board of Directors › Section 8813.053. Disqualification of Directors

Sec. 8813.053.  DISQUALIFICATION OF DIRECTORS.  The common law doctrine of incompatibility does not disqualify an official or employee of a public entity from serving as a director of the authority.  A director who is also an officer or employee of a public entity may not participate in the discussion of or vote on a matter regarding a contract with that public entity.
Added by Acts 2005, 79th Leg., Ch. 893 (S.B. 1798), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8813 - North Fort Bend Water Authority › Subchapter B. Board of Directors › Section 8813.054. Conflicts of Interest

Sec. 8813.054.  CONFLICTS OF INTEREST.  Chapter 171, Local Government Code, governs conflicts of interest of board members.
Added by Acts 2005, 79th Leg., Ch. 893 (S.B. 1798), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8813 - North Fort Bend Water Authority › Subchapter B. Board of Directors › Section 8813.055. Single-Member Director Precincts

Sec. 8813.055.  SINGLE-MEMBER DIRECTOR PRECINCTS.  (a)  The authority is divided into seven single-member director precincts, as described by Section 3 of the Act creating this chapter.
(b)  The board may redraw the single-member director precincts in a manner that is reasonable and equitable:
(1)  after any change in the boundaries of the authority; or
(2)  by a resolution redrawing the director precincts adopted by a two-thirds majority of the board based on changed circumstances.
Added by Acts 2005, 79th Leg., Ch. 893 (S.B. 1798), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8813 - North Fort Bend Water Authority › Subchapter B. Board of Directors › Section 8813.057. Vacancy in Office of Director

Sec. 8813.057.  VACANCY IN OFFICE OF DIRECTOR.  A vacancy in the office of director shall be filled by appointment by the governing bodies of the districts and municipalities that are located within the director precinct for which the vacancy occurred.  The appointment process shall follow the procedures of Section 8813.056.  The board may establish dates different from those specified by Sections 8813.056(e) and (g), but the date for the board's submission of the voting results to each district and municipality may not be later than the 120th day after the date the vacancy occurs.
Added by Acts 2005, 79th Leg., Ch. 893 (S.B. 1798), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8813 - North Fort Bend Water Authority › Subchapter B. Board of Directors › Section 8813.058. Meetings and Actions of Board

Sec. 8813.058.  MEETINGS AND ACTIONS OF BOARD.  (a)  The board may meet as many times each year as the board considers appropriate.
(b)  Directors of the authority are public officials and are entitled to governmental immunity for their actions in their capacity as directors and officers of the authority.
Added by Acts 2005, 79th Leg., Ch. 893 (S.B. 1798), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8813 - North Fort Bend Water Authority › Subchapter B. Board of Directors › Section 8813.059. General Manager

Sec. 8813.059.  GENERAL MANAGER.  (a)  The board may employ a general manager of the authority or contract with a person to perform the duties of a general manager.  The board may delegate to the general manager full authority to manage and operate the affairs of the authority subject only to orders of the board.
(b)  The board may delegate to the general manager the authority to employ all persons necessary for the proper handling of the business and operation of the authority and to determine the compensation to be paid to all employees, other than the general manager.
Added by Acts 2005, 79th Leg., Ch. 893 (S.B. 1798), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8813 - North Fort Bend Water Authority › Subchapter C. Powers and Duties › Section 8813.102. Authority Rules

Sec. 8813.102.  AUTHORITY RULES.  The authority may adopt and enforce rules reasonably required to implement this chapter, including rules governing procedures before the board and rules regarding implementation, enforcement, and any other matters related to the authority's water supply or groundwater reduction plan.
Added by Acts 2005, 79th Leg., Ch. 893 (S.B. 1798), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8813 - North Fort Bend Water Authority › Subchapter C. Powers and Duties › Section 8813.104. Purchase of Water From Another Entity

Sec. 8813.104.  PURCHASE OF WATER FROM ANOTHER ENTITY.  (a)  If the authority purchases water from another entity for resale to local governments, the authority shall use its best efforts in negotiating with the entity to determine the amount of capital costs included in any rates or charges paid by the authority.  The authority shall determine the amount of expected capital costs of its own system.
(b)  The authority may provide each district or municipality within its boundaries information regarding the share of the capital costs to be paid by the district or municipality, as determined by the authority, and may provide each district or municipality the opportunity, in a manner and by a procedure determined by the authority, to fund its share of the capital costs with proceeds from the sale of bonds or fees and charges collected by the districts or municipalities.  A district or municipality may use any lawful source of revenue, including bond funds, to pay any sums due to the authority.
(c)  The authority may adopt a procedure by which a district or municipality may receive a credit from the authority.  The board may adopt any other procedure necessary to accomplish the goals of this section.
(d)  In complying with this section, the authority may use any reasonable basis to calculate from time to time the share of the capital costs of a district or municipality.  The authority may calculate the shares of the capital costs based on the amount of water used within the authority by the district or municipality during the calendar year preceding the year in which the calculation is made.
(e)  This section or any failure to comply with this section does not limit or impede the authority's ability to issue bonds or notes or invalidate any fees, user fees, charges, rates, or special assessments imposed by the authority.
Added by Acts 2005, 79th Leg., Ch. 893 (S.B. 1798), Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 621 (S.B. 1051), Sec. 3, eff. June 16, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8813 - North Fort Bend Water Authority › Subchapter C. Powers and Duties › Section 8813.106. Interest and Penalties

Sec. 8813.106.  INTEREST AND PENALTIES.  The board may require the payment of interest on any late or unpaid fees, user fees, rates, charges, and special assessments due the authority, but the interest rate may not exceed the interest rate permitted by Section 2251.025, Government Code. The board may also impose penalties for the failure to make a complete or timely payment to the authority.  In addition, the board may exclude a person, or any territory or well owned or controlled by a person, from the authority's groundwater reduction plan for failure to make a complete or timely payment to the authority.
Added by Acts 2005, 79th Leg., Ch. 893 (S.B. 1798), Sec. 1, eff. June 17, 2005.