reglab/statecodes huggingface dataset:
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle G - River Authorities › Chapter 8511 - Nueces River Authority › Subchapter G. Bonds, Borrowed Money, and Grants › Section 8511.0702. Power to Apply for Money for Engineering Surveys, Information Compilation and Collection, and Other Purposes

Sec. 8511.0702.  POWER TO APPLY FOR MONEY FOR ENGINEERING SURVEYS, INFORMATION COMPILATION AND COLLECTION, AND OTHER PURPOSES.  (a)  The authority may apply to any person, including this state and the United States, for money necessary to:
(1)  secure engineering surveys and the compilation and collection of information relating to regional and general conditions entering into and influencing the character and extent of the improvements necessary to accomplish the storage, control, transportation, treatment, conservation, and equitable distribution to the greatest public advantage of the floodwater, normal flow water, and storm water that is stored and controlled; or
(2)  accomplish or carry out any purpose of this chapter.
(b)  The authority:
(1)  shall request an amount it considers sufficient;
(2)  may make the necessary agreements with the party providing the money; and
(3)  may appropriate the amount of the estimated equitable contribution of the costs of developing essential engineering information.
Added by Acts 2021, 87th Leg., R.S., Ch. 914 (H.B. 3530), Sec. 1.03, eff. April 1, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle G - River Authorities › Chapter 8511 - Nueces River Authority › Subchapter G. Bonds, Borrowed Money, and Grants › Section 8511.0703. Power to Issue Bonds

Sec. 8511.0703.  POWER TO ISSUE BONDS.  (a)  For the purpose of carrying out any power conferred by this chapter, including preparation of the master plan and payment of engineering and related expenses, the authority may issue bonds in three general classes:
(1)  bonds secured by ad valorem taxes;
(2)  bonds secured by a pledge of all or part of the revenue accruing to the authority from any source other than ad valorem taxes, including the revenue received from:
(A)  the sale of water or other products;
(B)  the rendition of services;
(C)  tolls; and
(D)  charges; and
(3)  bonds secured by a combination pledge of:
(A)  taxes; and
(B)  all or part of the revenue described by Subdivision (2).
(b)  The bonds must be authorized by a board resolution.
Added by Acts 2021, 87th Leg., R.S., Ch. 914 (H.B. 3530), Sec. 1.03, eff. April 1, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle G - River Authorities › Chapter 8511 - Nueces River Authority › Subchapter G. Bonds, Borrowed Money, and Grants › Section 8511.0704. Form of Bonds

Sec. 8511.0704.  FORM OF BONDS.  Authority bonds must be:
(1)  in the form the board prescribes;
(2)  issued in the authority's name;
(3)  signed by the president or a vice president; and
(4)  attested by the secretary.
Added by Acts 2021, 87th Leg., R.S., Ch. 914 (H.B. 3530), Sec. 1.03, eff. April 1, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle G - River Authorities › Chapter 8511 - Nueces River Authority › Subchapter G. Bonds, Borrowed Money, and Grants › Section 8511.0705. Maturity

Sec. 8511.0705.  MATURITY.  Authority bonds must mature not later than 50 years after the date of their issuance.
Added by Acts 2021, 87th Leg., R.S., Ch. 914 (H.B. 3530), Sec. 1.03, eff. April 1, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle G - River Authorities › Chapter 8511 - Nueces River Authority › Subchapter G. Bonds, Borrowed Money, and Grants › Section 8511.0706. Election for Bonds Payable From Ad Valorem Taxes

Sec. 8511.0706.  ELECTION FOR BONDS PAYABLE FROM AD VALOREM TAXES.  (a)  Authority bonds, other than refunding bonds, payable wholly or partly from ad valorem taxes may not be issued unless authorized by an election at which a majority of the votes cast favor the bond issuance.  The election must be held in accordance with Section 8511.0602.
(b)  The authority may issue bonds not payable wholly or partly from ad valorem taxes without an election.
Added by Acts 2021, 87th Leg., R.S., Ch. 914 (H.B. 3530), Sec. 1.03, eff. April 1, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle G - River Authorities › Chapter 8511 - Nueces River Authority › Subchapter G. Bonds, Borrowed Money, and Grants › Section 8511.0707. Trust Indenture

Sec. 8511.0707.  TRUST INDENTURE.  Authority bonds may be further secured by a trust indenture with a corporate trustee.
Added by Acts 2021, 87th Leg., R.S., Ch. 914 (H.B. 3530), Sec. 1.03, eff. April 1, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle G - River Authorities › Chapter 8511 - Nueces River Authority › Subchapter G. Bonds, Borrowed Money, and Grants › Section 8511.0708. Additional Bonds

Sec. 8511.0708.  ADDITIONAL BONDS.  A pledge of revenue may reserve the right, under conditions specified by the pledge, to issue additional bonds that will be on a parity with or subordinate to the bonds then being issued.
Added by Acts 2021, 87th Leg., R.S., Ch. 914 (H.B. 3530), Sec. 1.03, eff. April 1, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle G - River Authorities › Chapter 8511 - Nueces River Authority › Subchapter G. Bonds, Borrowed Money, and Grants › Section 8511.0709. Additional Provisions in Resolution Authorizing Bonds or Trust Indenture

Sec. 8511.0709.  ADDITIONAL PROVISIONS IN RESOLUTION AUTHORIZING BONDS OR TRUST INDENTURE.  (a)  The resolution authorizing the bonds or the trust indenture further securing the bonds may specify additional provisions that constitute a contract between the authority and its bondholders.
(b)  The board has full discretion in providing for the additional provisions, including the authority to provide for a corporate trustee or receiver to take possession of authority facilities if the authority defaults in fulfilling the covenants made in the resolution or trust indenture.
Added by Acts 2021, 87th Leg., R.S., Ch. 914 (H.B. 3530), Sec. 1.03, eff. April 1, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle G - River Authorities › Chapter 8511 - Nueces River Authority › Subchapter G. Bonds, Borrowed Money, and Grants › Section 8511.0710. Refunding Bonds

Sec. 8511.0710.  REFUNDING BONDS.  (a)  The authority may issue refunding bonds to refund outstanding authority bonds and interest on the bonds.
(b)  Refunding bonds may:
(1)  be issued to refund bonds of one or more series;
(2)  combine the pledges for the outstanding bonds for the security of the refunding bonds; or
(3)  be secured by a pledge of other or additional revenue.
(c)  The provisions of this subchapter regarding the issuance of other bonds, their security, and the remedies of the holders apply to refunding bonds.
(d)  The comptroller shall register the refunding bonds on surrender and cancellation of the bonds to be refunded.
(e)  Instead of issuing bonds to be registered on the surrender and cancellation of the bonds to be refunded, the authority, in the resolution authorizing the issuance of the refunding bonds, may provide for the sale of the refunding bonds and the deposit of the proceeds in a bank at which the bonds to be refunded are payable.  In that case, the refunding bonds may be issued in an amount sufficient to pay the principal of and interest on the bonds to be refunded to their option date or maturity date, and the comptroller shall register the refunding bonds without the concurrent surrender and cancellation of the bonds to be refunded.
Added by Acts 2021, 87th Leg., R.S., Ch. 914 (H.B. 3530), Sec. 1.03, eff. April 1, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter A. General Provisions › Section 8801.002. Nature of District

Sec. 8801.002.  NATURE OF DISTRICT.  The district is a conservation and reclamation district created under Section 59, Article XVI, Texas Constitution, and is essential to accomplish the purposes of that section.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 3, eff. May 27, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter A. General Provisions › Section 8801.003. Purpose; Legislative Intent

Sec. 8801.003.  PURPOSE;  LEGISLATIVE INTENT.  (a)  The purpose of this chapter is to provide for the regulation of groundwater withdrawal in the district to end subsidence, which contributes to or precipitates flooding or overflow of the district, including rising water resulting from a storm or hurricane.
(b)  The legislature intends that the district shall administer and enforce this chapter and exercise the district's rights, powers, and duties in a manner that will effectively and expeditiously accomplish the purpose of this chapter.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter A. General Provisions › Section 8801.004. Findings of Benefit and Public Purpose

Sec. 8801.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.  (a)  The district is created to serve a public use and benefit.
(b)  The works and projects accomplished by the district under powers conferred by Section 59, Article XVI, Texas Constitution, will benefit all the land and other property included in the district.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter A. General Provisions › Section 8801.005. District Territory

Sec. 8801.005.  DISTRICT TERRITORY.  The district includes the territory located within the boundaries of Harris County and Galveston County, as that territory may have been modified under:
(1)  Section 8801.006 or its predecessor statute, former Section 151.003(b), Water Code; or
(2)   other law.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 3, eff. May 27, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter B. District Administration › Section 8801.051. Directors

Sec. 8801.051.  DIRECTORS.  (a)  The district is governed by a board composed of 19 directors appointed as provided by this section.  Directors serve for two-year, staggered terms.  A director must be a qualified voter of the district.
(b)  The mayor of the municipality with the largest population of any municipality in the district shall appoint six directors from that municipality.  One of those directors must be a representative of industry.
(c)  The mayor of the municipality with the second largest population of any municipality in the district shall appoint one director from that municipality.
(d)  The mayors of all municipalities in Galveston County shall jointly appoint two directors from those municipalities.
(e)  The mayor of Baytown shall appoint one director from the municipality of Baytown.
(f)  The Commissioners Court of Harris County shall appoint three directors who are not residents of the municipality that has the largest population of any municipality in the district.  One of those directors must be a representative of agriculture, one must be a representative of industry, and one must be a representative of municipal utility districts and a resident of a municipal utility district in the district.
(g)  The Commissioners Court of Galveston County shall appoint three directors.  One of those directors must be a representative of municipal utility districts and a resident of a municipal utility district in the district.
(h)  The president of the Clear Lake City Water Authority and the mayors of the municipalities of Deer Park, Galena Park, La Porte, Nassau Bay, and Seabrook shall jointly appoint one director from Harris County.
(i)  The mayors of the municipalities of West University Place, Southside Place, Bellaire, and Jacinto City shall jointly appoint one director from Harris County.
(j)  The mayors of the municipalities of Humble, Piney Point Village, Hedwig Village, Bunker Hill Village, Hunters Creek Village, Hilshire Village, and Spring Valley shall jointly appoint one director from Harris County.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter B. District Administration › Section 8801.052. Fees of Office; Reimbursement

Sec. 8801.052.  FEES OF OFFICE; REIMBURSEMENT.  (a)  A director is entitled to fees of office of not more than $150 a day for each day the director actually spends performing the duties of a director.  The fees of office may not exceed $9,000 a year.
(b)  Each director is entitled to reimbursement of actual expenses reasonably and necessarily incurred while engaging in activities on behalf of the district.
(c)  To receive fees of office and reimbursement for expenses, each director must file with the district a verified statement that shows the number of days spent in the service of the district and a general description of the duties performed for each day of service.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 4, eff. May 27, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter B. District Administration › Section 8801.053. Board Powers and Duties

Sec. 8801.053.  BOARD POWERS AND DUTIES.  (a)  In addition to the powers and duties described in this chapter, the board has all other powers necessary or convenient to carry out its responsibilities and accomplish the purpose of this chapter.
(b)  The board may adopt bylaws and policies as necessary to accomplish its purposes.
(c)  The board may purchase materials, supplies, equipment, vehicles, and machinery needed by the district to accomplish its purposes.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 4, eff. May 27, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter B. District Administration › Section 8801.054. Officers

Sec. 8801.054.  OFFICERS.  (a)  Each year, at the first meeting after the new directors take office, the directors shall select from among the directors a chair, a vice chair, and a secretary.
(b)  The chair shall preside over meetings of the board and execute all documents on behalf of the district.  The vice chair shall act as chair if the chair is absent or disabled.  The secretary shall ensure that all records and books of the district are properly kept and attest to the chair's signature on all documents.  The board may authorize another director, the general manager, or any employee to execute documents on behalf of the district and to certify the authenticity of any record of the district.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 4, eff. May 27, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter B. District Administration › Section 8801.055. Meetings

Sec. 8801.055.  MEETINGS.  (a)  The board shall hold regular meetings once each month at a time set by the board.  The board may hold special meetings at the call of the chair or on the written request of at least three directors.
(b)  A meeting of a committee of the board at which less than a quorum is present is not subject to Chapter 551, Government Code.
(c)  The board shall give notice of meetings of the board as provided by Chapter 551, Government Code.  Failure to provide notice of a regular meeting or an insubstantial defect in notice of any meeting does not affect the validity of any action taken at the meeting.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 4, eff. May 27, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter B. District Administration › Section 8801.0551. Quorum

Sec. 8801.0551.  QUORUM.  A majority of the membership of the board constitutes a quorum for any meeting, and a concurrence of a majority of the entire membership of the board is sufficient for transacting any district business.
Added by Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 4, eff. May 27, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter B. District Administration › Section 8801.0552. Sworn Statement, Bond, and Oath of Office

Sec. 8801.0552.  SWORN STATEMENT, BOND, AND OATH OF OFFICE.  (a)  As soon as practicable after a director is appointed, the director shall make the sworn statement prescribed by the constitution for public officers.
(b)  As soon as practicable after a director has made the sworn statement and before beginning to perform the duties of office, the director shall take the oath of office prescribed by the constitution for public officers.
(c)  Before beginning to perform the duties of office, each director shall execute a bond for $10,000 payable to the district and conditioned on the faithful performance of the director's duties.  A director's bond must be approved by the board and paid for by the district.
(d)  The sworn statement shall be filed as prescribed by the constitution.  The bond and oath shall be filed with the district and retained in its records.  A duplicate original of the oath shall also be filed with the secretary of state not later than the 10th day after the date on which the oath was executed.  The new director may begin to perform the duties of office before the oath is filed.
Added by Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 4, eff. May 27, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter B. District Administration › Section 8801.056. Vacancies

Sec. 8801.056.  VACANCIES.  If a vacancy occurs on the board, a person representing the same area as the vacating director shall be appointed as provided by Section 8801.051 to serve the unexpired term.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter B. District Administration › Section 8801.057. General Manager

Sec. 8801.057.  GENERAL MANAGER.  (a)  The board shall employ a general manager, who serves as the chief administrative officer of the district.  The board may delegate to the general manager full authority to manage district affairs or operate the district subject only to orders by the board.
(b)  The duties of the general manager include:
(1)  administering board orders;
(2)  coordinating with state, federal, and local agencies;
(3)  overseeing development of district plans and programs;  and
(4)  performing other duties assigned by the board.
(c)  The board shall determine the compensation and terms of office and employment for the general manager.
(d)  The board by majority vote may discharge the general manager.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 5, eff. May 27, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter B. District Administration › Section 8801.058. Employees; Bond

Sec. 8801.058.  EMPLOYEES;  BOND.  (a)  The general manager shall employ persons necessary to properly handle district business and operation.  The general manager may employ attorneys, bookkeepers, engineers, and other expert and specialized personnel considered necessary.
(b)  The general manager shall determine the compensation paid to district employees.
(c)  The general manager may discharge a district employee.
(d)  The board shall require an employee who collects, pays, or handles district funds to furnish a good and sufficient bond.  The bond must be in an amount sufficient to safeguard the district and must be:
(1)  payable to the district;  and
(2)  conditioned on the faithful performance of the employee's duties and on accounting for all district funds and property in the employee's hands.
(e)  The district shall pay for the bond described by Subsection (d).
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter B. District Administration › Section 8801.059. Employee Benefits

Sec. 8801.059.  EMPLOYEE BENEFITS.  (a)  The board may provide for and administer retirement, disability, and death compensation funds for the employees of the district.
(b)  The board may establish a public retirement system as provided by Chapter 810, Government Code, or provide for a deferred compensation plan as described by Section 457, Internal Revenue Code of 1986.
(c)  The board may include hospitalization and medical benefits for its employees as part of the compensation paid to employees and may adopt or amend a plan or rule as necessary to provide hospitalization and medical benefits.
(d)  The board may establish a sick leave pool for employees of the district in the same manner as a sick leave pool for state employees is authorized to be created under Subchapter A, Chapter 661, Government Code.
Added by Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 6, eff. May 27, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter B. District Administration › Section 8801.060. Expenditures

Sec. 8801.060.  EXPENDITURES.  (a)  The district's money may be disbursed only by check, draft, order, electronic funds transfer, or other instrument.  The board may by resolution allow disbursements to be transferred by federal reserve wire system to accounts in the name of the district.
(b)  Disbursements must be signed by at least two directors unless the board by resolution allows certain employees of the district, or a combination of employees and directors, to sign disbursements on behalf of the board.
Added by Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 6, eff. May 27, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter B. District Administration › Section 8801.061. Fiscal Year

Sec. 8801.061.  FISCAL YEAR.  The fiscal year of the district is the calendar year.
Added by Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 6, eff. May 27, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter B. District Administration › Section 8801.062. Annual Audit

Sec. 8801.062.  ANNUAL AUDIT.  (a)  The board annually shall order an audit to be made of the financial condition of the district.
(b)  The annual audit and other district records must be open for inspection during regular business hours at the principal office of the district.
Added by Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 6, eff. May 27, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter B. District Administration › Section 8801.063. Annual Budget

Sec. 8801.063.  ANNUAL BUDGET.  (a)  The board shall adopt an annual budget.
(b)  The budget must contain a complete financial statement, including a statement of:
(1)  the outstanding obligations of the district;
(2)  the amount of cash on hand to the credit of each fund of the district;
(3)  the amount of money received by the district from all sources during the previous year;
(4)  the amount of money available to the district from all sources during the ensuing year;
(5)  the amount of the balances expected at the end of the year in which the budget is being prepared;
(6)  the estimated amount of revenues and balances available to cover the proposed budget; and
(7)  the estimated fee revenues that will be required.
(c)  The board may amend the annual budget adopted under Subsection (a).
Added by Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 6, eff. May 27, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter B. District Administration › Section 8801.064. Depository

Sec. 8801.064.  DEPOSITORY.  (a)  The board shall name one or more banks to serve as depository for district money.
(b)  District money must be deposited as received with the depository bank and must remain on deposit.  This subsection does not limit the power of the board to place a portion of the district's money on time deposit or to purchase certificates of deposit or other authorized investments.
(c)  To the extent that money in the depository is not insured by the Federal Deposit Insurance Corporation, the money must be secured as provided by Chapter 2257, Government Code.
Added by Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 6, eff. May 27, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter B. District Administration › Section 8801.065. Investments

Sec. 8801.065.  INVESTMENTS.  (a)  District money may be invested and reinvested in accordance with Chapter 2256, Government Code.
(b)  The board, by resolution, may provide that an authorized representative of the district may invest and reinvest district money and provide for money to be withdrawn from the appropriate district accounts for investments on terms that the board considers advisable.
Added by Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 6, eff. May 27, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter B. District Administration › Section 8801.066. Investment Officer

Sec. 8801.066.  INVESTMENT OFFICER.  (a)  Notwithstanding Section 2256.005(f), Government Code, the board may contract with a person to act as investment officer of the district.
(b)  The investment officer shall:
(1)  not later than the first anniversary of the date the officer takes office or assumes the officer's duties, attend a training session of at least six hours of instruction relating to investment responsibilities under Chapter 2256, Government Code; and
(2)  attend at least four hours of additional investment training within each two-year period after the first year.
(c)  Training under this section must be from an independent source approved by:
(1)  the board; or
(2)  a designated investment committee advising the investment officer.
(d)  Training under this section must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with Chapter 2256, Government Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1187 (S.B. 1031), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter C. Powers and Duties › Section 8801.101. District Powers and Duties

Sec. 8801.101.  DISTRICT POWERS AND DUTIES.  Except as provided by Section 8801.103, the district has all of the rights, powers, privileges, and authority necessary and convenient to exercise its jurisdiction and powers as provided by this chapter, whether the jurisdiction and powers are specifically authorized by this chapter or implied from this chapter or other law.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 7, eff. May 27, 2005.
Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 2.02, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter C. Powers and Duties › Section 8801.102. Nonapplicability of Other Law

Sec. 8801.102.  NONAPPLICABILITY OF OTHER LAW.  (a)  Other laws governing the administration or operation of conservation and reclamation districts created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, including Chapters 36 and 49, Water Code, do not apply to the district.
(b)  Notwithstanding Section 36.052, Water Code, this chapter prevails over any other law in conflict or inconsistent with this chapter.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 7, eff. May 27, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter C. Powers and Duties › Section 8801.103. Sale or Distribution of Water Prohibited

Sec. 8801.103.  SALE OR DISTRIBUTION OF WATER PROHIBITED.  The district may not sell or distribute surface water or groundwater for any purpose.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter C. Powers and Duties › Section 8801.104. Authority to Compel Testimony, Administer Oaths, and Issue Subpoenas

Sec. 8801.104.  AUTHORITY TO COMPEL TESTIMONY, ADMINISTER OATHS, AND ISSUE SUBPOENAS.  If necessary to carry out its powers, duties, and functions under this chapter, the board may:
(1)  compel the testimony of a person;
(2)  administer an oath to a person compelled to testify before the board or a person designated by the board;  and
(3)  issue a subpoena to compel the testimony of a person and the production of a document.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter C. Powers and Duties › Section 8801.105. Suits by or Against the District; Representation by Attorney General

Sec. 8801.105.  SUITS BY OR AGAINST THE DISTRICT; REPRESENTATION BY ATTORNEY GENERAL.  (a)  The district may sue and be sued in the courts of this state in the name of the district by and through the board.
(b)  At the request of the district, the attorney general shall defend the district in suits brought against the district in all district and appellate courts of this state and in the courts of the United States.
(c)  The district may engage outside attorneys to initiate or defend suits on behalf of the district.
(d)  The general manager is the agent of the district on whom process, notice, or demand required or permitted by law to be served on the district may be served.
(e)  The district is not required to give bond for appeal, injunction, or costs in any suit to which it is a party.
(f)  If the district prevails in any suit other than a suit in which it voluntarily intervenes, the district may seek and the court shall grant, in the same action, recovery for attorney's fees, costs for expert witnesses, and other costs incurred by the district before the court.  The court shall set the amount of the attorney's fees.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 7, eff. May 27, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter C. Powers and Duties › Section 8801.106. Grants; Contracts

Sec. 8801.106.  GRANTS; CONTRACTS.  (a)  The district may make or accept a grant, gratuity, advance, or loan in any form to or from any public source approved by the board, including a governmental entity, and may enter into a contract, agreement, or covenant that the board considers appropriate in connection with a grant, gratuity, advance, or loan.
(b)  The district may enter into contracts only in the district's name.
(c)  The district may purchase property from another governmental entity by negotiated contract without securing appraisals or advertising for bids.
(d)  The district may use the reverse auction procedure, as defined by Section 2155.062, Government Code, for purchasing.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 7, eff. May 27, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter C. Powers and Duties › Section 8801.107. Cooperation With Governmental Entities

Sec. 8801.107.  COOPERATION WITH GOVERNMENTAL ENTITIES.  In implementing this chapter, the board may request the assistance of and cooperate with a local government or an agency of this state or of the United States.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter C. Powers and Duties › Section 8801.108. Rules

Sec. 8801.108.  RULES.  (a)  After notice and hearing, the board shall adopt rules designed to expeditiously and effectively implement this chapter and accomplish its purpose, including rules governing procedures before the board.  The board may adopt rules to prevent the waste of groundwater or the degradation of water quality. The board shall enforce the rules.
(b)  The board shall compile its rules in a book and make the rules available for use and inspection at the district's principal office.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 8, eff. May 27, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter C. Powers and Duties › Section 8801.109. Hearings

Sec. 8801.109.  HEARINGS.  (a)  Board hearings must be conducted as provided by this section and Section 8801.110.
(b)  At a regular meeting of the board, the board shall set the dates, times, and locations for hearings to be held under this chapter.  The board may hold hearings at any location in the district and may recess a hearing from day to day.
(c)  A person may appear at a hearing and present testimony, evidence, exhibits, or other information in person or by counsel, or both.
(d)  The board may use hearing examiners to hear a subject set for the hearing, but the board must make the decision on the subject.  Procedures for use of hearing examiners shall be provided by rule.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter C. Powers and Duties › Section 8801.110. Notice of Hearings

Sec. 8801.110.  NOTICE OF HEARINGS.  (a)  Except as provided by this section, notice of hearings shall be provided according to Chapter 551, Government Code.
(b)  At a meeting at which the board sets a hearing, the board shall direct the general manager of the district to give notice of the hearing.
(c)  Written notice of a hearing other than a hearing on a permit application must be given to:
(1)  each county, regional water supplier, and municipal government in the district; and
(2)  each person that the board believes has an interest in the subject matter of the hearing.
(d)  Notice of a hearing must be published at least once in a newspaper of general circulation in each county in the district.
(e)  A copy of the notice must be provided to each county clerk to be posted in the place where notices are usually posted at the county courthouse of each county in the district.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 9, eff. May 27, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 1187 (S.B. 1031), Sec. 3, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter C. Powers and Duties › Section 8801.111. District Plan

Sec. 8801.111.  DISTRICT PLAN.  (a)  The board shall formulate a plan to control and prevent subsidence in the district.
(b)  The plan must:
(1)  reduce groundwater withdrawals to amounts that will restore and maintain sufficient artesian pressure to control and prevent subsidence;  and
(2)  specify in as much detail as practicable the acts, procedures, performance, and avoidance that are necessary to accomplish the purpose of this chapter.
(c)  Information gathered for formulating the plan must include:
(1)  a list of all wells in the district that are subject to regulation under this chapter;
(2)  a list of all available sources of water, other than groundwater, in the district;
(3)  the purposes for which the water described by Subdivision (2) is used and for which it is proposed to be used;
(4)  accurate estimates of:
(A)  groundwater withdrawal from all wells or proposed wells in the district;
(B)  the amount of groundwater that may be withdrawn from each area in the district without causing a reduction of artesian pressure that will lead to subsidence in the district;  and
(C)  current and future water needs in the district;
(5)  information relating to formulating a permit system;  and
(6)  other information and material necessary to manage groundwater in the district and to effectively and expeditiously accomplish the purpose of this chapter.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter C. Powers and Duties › Section 8801.112. Adoption of District Plan

Sec. 8801.112.  ADOPTION OF DISTRICT PLAN.  (a)  The board shall hold a hearing to consider a plan formulated under Section 8801.111.
(b)  After the hearing, the board shall:
(1)  make any changes it considers necessary according to evidence and material presented at the hearing;  and
(2)  adopt the plan.
(c)  The board may amend or repeal a plan adopted under this section and may adopt a new plan as provided by this section for the adoption of the original plan.
(d)  An adopted plan remains in effect until a new plan is adopted.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter C. Powers and Duties › Section 8801.113. Water Conservation Measures

Sec. 8801.113.  WATER CONSERVATION MEASURES.  (a)  The board may adopt rules requiring the use of water conservation measures to reduce groundwater withdrawals.
(b)  The district may cooperate with the commission and any local government to establish water conservation goals, guidelines, and plans to be used in the district.
(c)  The district may contract with a local government in the district to provide services needed to meet water conservation requirements that the commission establishes.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter C. Powers and Duties › Section 8801.114. District Research

Sec. 8801.114.  DISTRICT RESEARCH.  (a)  The district may conduct studies and research that the board considers necessary to implement this chapter.  In conducting studies and research, the district may use the services of geologists, hydrologists, licensed professional engineers, licensed professional geoscientists, or other expert personnel.
(b)  The district may collect any information that the board determines is necessary to implement this chapter, including information regarding the use of groundwater, water conservation, and the practicability of recharging a groundwater reservoir.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 10, eff. May 27, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter C. Powers and Duties › Section 8801.115. Studies by Board Staff

Sec. 8801.115.  STUDIES BY BOARD STAFF.  At least once each year and at any other time the board considers necessary, the board shall have its staff and, if necessary, the staff of the Texas Water Development Board make a complete study of the groundwater in the district and determine:
(1)  the water level;
(2)  the rates and amounts of groundwater withdrawal; and
(3)  other information relating to groundwater withdrawal that may affect subsidence in the district.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1187 (S.B. 1031), Sec. 4, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter C. Powers and Duties › Section 8801.116. Access to Property

Sec. 8801.116.  ACCESS TO PROPERTY.  (a)  To perform technical and other investigations needed to implement this chapter, the board and its agents and employees are entitled to access to all property in the district.
(b)  Before entering property for the purposes of this section, the person seeking access shall:
(1)  give notice to the owner of the property as provided by district rules;  and
(2)  present proper credentials.
(c)  The board and its agents and employees who enter private property shall observe the establishment's rules concerning safety, internal security, and fire protection.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter C. Powers and Duties › Section 8801.117. Annual Groundwater Withdrawal Determination

Sec. 8801.117.  ANNUAL GROUNDWATER WITHDRAWAL DETERMINATION.  (a)  The board shall hold an annual hearing to determine the effects of groundwater withdrawal during the preceding calendar year on subsidence in the district.
(b)  At the hearing, the board shall consider information provided under Sections 8801.115 and 8801.162 and information presented by persons appearing before the board.
(c)  After the hearing, the board shall:
(1)  consider all information presented to it;
(2)  determine groundwater withdrawal in the district during the preceding calendar year;  and
(3)  make findings on the effects of groundwater withdrawal during the preceding calendar year on subsidence in the district.
(d)  The board's findings and determinations under Subsection (c) shall be included in a report adopted by the board.  The board shall make the report available for examination by any interested person.
(e)  The board shall submit the report adopted under Subsection (d) and a copy of the most recent district plan adopted under Section 8801.112 to the appropriate regional water planning group.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 11, eff. May 27, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 1187 (S.B. 1031), Sec. 5, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter C. Powers and Duties › Section 8801.118. Monitoring and Supervision by District

Sec. 8801.118.  MONITORING AND SUPERVISION BY DISTRICT.  (a)  The district may use subsidence compaction monitors, water-level observation wells, and other materials and equipment to determine the amount of groundwater that may be withdrawn while allowing groundwater to rebound and stabilize to a level that will halt subsidence.
(b)  The district may use global positioning systems and other geodetic survey methods to monitor land surface elevations and measure subsidence.  The district may coordinate monitoring and data collection activities with other entities, including private entities and federal, state, or local governmental entities.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 12, eff. May 27, 2005.