reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 31 - Subsurface Excavations › Section 31.016. Power to Enter Property

Sec. 31.016.  POWER TO ENTER PROPERTY.  Members of the commission, employees and agents of the commission, and authorized agents or employees of local governments may enter public or private property at any time to inspect and investigate conditions relating to subsurface excavation activities or to monitor compliance with a rule, permit, or other order of the commission.  Members, employees, or agents acting under the authority of this section who enter an establishment on public or private property shall observe the establishment's safety, internal security, and fire protection rules and shall give notice before entering the property to the person in charge of the property in the manner, form, and time provided by commission rule.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 15.02(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 31 - Subsurface Excavations › Section 31.017. Power to Examine Records

Sec. 31.017.  POWER TO EXAMINE RECORDS.  Members of the commission, employees and agents of the commission, and authorized agents or employees of local governments may examine and copy those records or memoranda of a permittee or his contractors they are investigating or monitoring as provided by Section 31.016 of this code that relate to the construction and operation of a subsurface excavation or any other records required to be maintained by law.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 15.02(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 31 - Subsurface Excavations › Section 31.018. Financial Responsibility

Sec. 31.018.  FINANCIAL RESPONSIBILITY.  (a)  The commission may require in a permit that the permittee reimburse the commission for reasonable costs of monitoring and on-site, full-time surveillance to determine compliance with a rule, permit, or other order of the commission.
(b)  A person to whom a permit is issued may be required by the commission to maintain a performance bond or other form of financial security to ensure payment of costs that may become due in accordance with Subsection (a) of this section or to ensure that an abandoned subsurface excavation is safely and properly sealed and that the land surface affected by any subsurface construction and operation is restored to conditions as stated in the permit.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 15.02(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 32 - Subsurface Area Drip Dispersal System › Subchapter A. General Provisions › Section 32.001. Short Title

Sec. 32.001.  SHORT TITLE.  This chapter may be cited as the Subsurface Area Drip Dispersal System Act.
Added by Acts 2005, 79th Leg., Ch. 637 (H.B. 2651), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 32 - Subsurface Area Drip Dispersal System › Subchapter A. General Provisions › Section 32.002. Definitions

Sec. 32.002.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Texas Commission on Environmental Quality.
(2)  "Commercial, industrial, or municipal waste":
(A)  means any water-dominant liquid waste substance that may cause or might reasonably be expected to cause pollution of fresh water and that may result from:
(i)  processes of industry, manufacturing, trade, or business;
(ii)  development or recovery of natural resources, except as provided by Paragraph (B); or
(iii)  disposal of sewage or other wastes of cities, towns, villages, communities, water districts, other municipal corporations, educational facilities, apartment complexes, and other commercial facilities; and
(B)  does not include:
(i)  oil and gas waste, as defined by Section 27.002;
(ii)  tar sands;
(iii)  sulfur;
(iv)  brine from desalination; or
(v)  hazardous waste, as defined by Section 361.003, Health and Safety Code.
(3)  "Department" means the Department of State Health Services.
(4)  "Executive director" means the executive director of the commission.
(5)  "Fresh water" has the meaning assigned by Section 27.002.
(6)  "Pollution" has the meaning assigned by Section 27.002.
(7)  "Processed" means the action of reducing liquid waste to a state that will allow injection by subsurface drip dispersal into an area without creating pollution.
(8)  "Subsurface area drip dispersal system" means a waste disposal system that injects processed commercial, industrial, or municipal waste into the ground at a depth of not more than 48 inches and spreads the waste over a large enough area that the soil hydrologic absorption rate and crop/plant root absorption rate are not exceeded.
Added by Acts 2005, 79th Leg., Ch. 637 (H.B. 2651), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 32 - Subsurface Area Drip Dispersal System › Subchapter A. General Provisions › Section 32.003. Policy and Purpose

Sec. 32.003.  POLICY AND PURPOSE.  It is the policy of this state and the purpose of this chapter to:
(1)  maintain the quality of fresh water in the state to the extent consistent with the public health and welfare and the operation of existing industries;
(2)  promote the beneficial reuse of commercial, industrial, and municipal waste for the economic development of the state, thereby reducing the demand on the state's supply of fresh water;
(3)  prevent underground injection that may pollute fresh water; and
(4)  require the use of all reasonable methods to implement this policy.
Added by Acts 2005, 79th Leg., Ch. 637 (H.B. 2651), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 32 - Subsurface Area Drip Dispersal System › Subchapter B. Jurisdiction of Commission › Section 32.051. Permit From Commission

Sec. 32.051.  PERMIT FROM COMMISSION.  A person may not operate a subsurface area drip dispersal system without first obtaining a permit from the commission.
Added by Acts 2005, 79th Leg., Ch. 637 (H.B. 2651), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 32 - Subsurface Area Drip Dispersal System › Subchapter B. Jurisdiction of Commission › Section 32.052. Application for Permit

Sec. 32.052.  APPLICATION FOR PERMIT.  The commission shall prescribe forms for application for a permit and shall make the forms available on request without charge.
Added by Acts 2005, 79th Leg., Ch. 637 (H.B. 2651), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 32 - Subsurface Area Drip Dispersal System › Subchapter B. Jurisdiction of Commission › Section 32.053. Information Required of Applicant

Sec. 32.053.  INFORMATION REQUIRED OF APPLICANT.  An applicant shall furnish any information the executive director considers necessary to discharge the executive director's duties under this chapter and the rules of the commission.
Added by Acts 2005, 79th Leg., Ch. 637 (H.B. 2651), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 32 - Subsurface Area Drip Dispersal System › Subchapter B. Jurisdiction of Commission › Section 32.054. Inspection of Dispersion Area

Sec. 32.054.  INSPECTION OF DISPERSION AREA.  On receiving an application for a permit, the executive director shall inspect the location of the proposed dispersion area to determine the local conditions and the probable effect of the subsurface area drip dispersal system.
Added by Acts 2005, 79th Leg., Ch. 637 (H.B. 2651), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 32 - Subsurface Area Drip Dispersal System › Subchapter B. Jurisdiction of Commission › Section 32.055. Recommendations From Other Persons

Sec. 32.055.  RECOMMENDATIONS FROM OTHER PERSONS.  The executive director shall submit to the department and to other persons designated by the commission copies of each permit application received in proper form.  A person to whom an application is submitted may make recommendations to the commission concerning any aspect of the application not later than the 30th day after the date the application is submitted.
Added by Acts 2005, 79th Leg., Ch. 637 (H.B. 2651), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 32 - Subsurface Area Drip Dispersal System › Subchapter B. Jurisdiction of Commission › Section 32.056. Hearing on Permit Application

Sec. 32.056.  HEARING ON PERMIT APPLICATION.  (a)  In this section, "local government" has the meaning assigned by Section 26.001.
(b)  The commission may hold a public hearing on a permit application for a subsurface area drip dispersal system if the commission determines that a hearing is necessary and in the public interest.
(c)  The commission shall hold a public hearing on a permit application for a subsurface area drip dispersal system if a hearing is requested by a local government located in the county of the proposed disposal site or by an affected person.
(d)  The commission by rule shall provide for giving notice of the opportunity to request a public hearing on a permit application.  The rules for notice shall include provisions for giving notice to local governments and affected persons.
(e)  Before the commission begins to hear the testimony in a contested case as defined by Chapter 2001, Government Code, evidence must be placed in the record to demonstrate that proper notice regarding the hearing was given to affected persons.  If mailed notice to an affected person is required, the commission or other party to the hearing shall place evidence in the record that notice was mailed to the address of the affected person included in the appropriate county tax rolls at the time of mailing.  For the purposes of this subsection, the affidavit of the commission employee responsible for the mailing of the notice, attesting to the fact that notice was mailed to the address included in the tax rolls at the time of mailing, shall be prima facie evidence of proper mailing.  The commission may not proceed with receipt of testimony in a contested case until the requirements of this subsection are complied with.
Added by Acts 2005, 79th Leg., Ch. 637 (H.B. 2651), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 32 - Subsurface Area Drip Dispersal System › Subchapter B. Jurisdiction of Commission › Section 32.057. Opportunity to Comment on Proposed Rules

Sec. 32.057.  OPPORTUNITY TO COMMENT ON PROPOSED RULES.  The commission shall send copies of proposed rules under this chapter to the department and any other persons designated by the commission.  A person to whom the copies of proposed rules are sent may submit comments and recommendations to the commission and shall have a reasonable time to do so as determined by the commission.
Added by Acts 2005, 79th Leg., Ch. 637 (H.B. 2651), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 32 - Subsurface Area Drip Dispersal System › Subchapter C. Issuance of Permits: Terms and Conditions › Section 32.101. Issuance of Permit

Sec. 32.101.  ISSUANCE OF PERMIT.  (a)  The commission may grant an application for a permit for a subsurface area drip dispersal system in whole or part and may issue the permit if it finds that:
(1)  the use or installation of the system is in the public interest;
(2)  with proper safeguards, both subsurface and surface fresh water can be adequately protected from pollution; and
(3)  the applicant has provided for the proper operation of the system.
(b)  In the permit, the commission shall impose terms and conditions reasonably necessary to protect fresh water from pollution.
(c)  The commission, in determining if the use or installation of a subsurface area drip dispersal system is in the public interest under Subsection (a)(1), shall consider:
(1)  compliance history of the applicant and related entities under the method for using compliance history developed by the commission under Section 5.754 and in accordance with the provisions of Subsection (d) of this section;
(2)  whether there is a practical, economic, and feasible alternative to a subsurface area drip dispersal system reasonably available; and
(3)  any other factor the commission considers relevant.
(d)  The commission shall establish a procedure for the preparation of comprehensive summaries of the applicant's compliance history, including the compliance history of any corporation or other business entity managed, owned, or otherwise closely related to the applicant.  The summaries shall be made available to the applicant and any interested person after the commission has completed its technical review of the permit application and prior to giving public notice relating to the issuance of the permit.  Evidence of compliance or noncompliance by an applicant for a subsurface area drip dispersal system permit with environmental statutes and the rules adopted or orders or permits issued by the commission may be offered by any party at a hearing on the applicant's application and admitted into evidence subject to applicable rules of evidence.  Evidence of the compliance history of an applicant for a subsurface area drip dispersal system permit may be offered by the executive director at a hearing on the application and admitted into evidence subject to the rules of evidence.  The commission shall consider all evidence admitted, including compliance history, in determining whether to issue, amend, extend, or renew a permit.  If the commission concludes that the applicant's compliance history is unacceptable, the commission shall deny the permit.
Added by Acts 2005, 79th Leg., Ch. 637 (H.B. 2651), Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 4.22, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 32 - Subsurface Area Drip Dispersal System › Subchapter C. Issuance of Permits: Terms and Conditions › Section 32.102. Copies of Permit Filing Requirements

Sec. 32.102.  COPIES OF PERMIT FILING REQUIREMENTS.  (a)  The commission shall send to the department a copy of each permit issued under this chapter.
(b)  Before beginning injection operations, a person receiving a permit for a subsurface area drip dispersal system shall file a copy of the permit with the applicable local health authorities of the area in which the system is located.
Added by Acts 2005, 79th Leg., Ch. 637 (H.B. 2651), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 32 - Subsurface Area Drip Dispersal System › Subchapter D. General Powers › Section 32.151. Power to Enter Property

Sec. 32.151.  POWER TO ENTER PROPERTY.  A member or employee of the commission or an authorized agent or employee of a local government may enter public or private property to inspect and investigate conditions relating to a subsurface area drip dispersal system in connection with subsurface drip dispersal activities or to monitor compliance with a rule, permit, or order of the commission.  A member or employee acting under the authority of this section who enters an establishment on public or private property shall observe the establishment's safety, internal security, and fire protection rules.
Added by Acts 2005, 79th Leg., Ch. 637 (H.B. 2651), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 32 - Subsurface Area Drip Dispersal System › Subchapter D. General Powers › Section 32.152. Power to Examine Records

Sec. 32.152.  POWER TO EXAMINE RECORDS.  A member or employee of the commission or an authorized agent or employee of a local government may examine and copy any record or memorandum of a business the member, employee, or agent is investigating as provided by Section 32.151 that relates to the operation of a subsurface area drip dispersal system or any other record the commission requires the business to maintain.
Added by Acts 2005, 79th Leg., Ch. 637 (H.B. 2651), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 35 - Groundwater Studies › Section 35.001. Purpose

Sec. 35.001.  PURPOSE.  In order to provide for the conservation, preservation, protection, recharging, and prevention of waste of the groundwater, and of groundwater reservoirs or their subdivisions, and to control subsidence caused by withdrawal of water from those groundwater reservoirs or their subdivisions, consistent with the objectives of Section 59, Article XVI, Texas Constitution, groundwater management areas may be created as provided by this chapter.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 35 - Groundwater Studies › Section 35.002. Definitions

Sec. 35.002.  DEFINITIONS.  In this chapter:
(1)  "District" means any district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, that has the authority to regulate the spacing of water wells, the production from water wells, or both.
(2)  "Commission" means the Texas Natural Resource Conservation Commission.
(3)  "Executive director" means the executive director of the commission.
(4)  "Executive administrator" means the executive administrator of the Texas Water Development Board.
(5)  "Groundwater" means water percolating below the surface of the earth.
(6)  "Groundwater reservoir" means a specific subsurface water-bearing reservoir having ascertainable boundaries containing groundwater.
(7)  "Subdivision of a groundwater reservoir" means a definable part of a groundwater reservoir in which the groundwater supply will not be appreciably affected by withdrawing water from any other part of the reservoir, as indicated by known geological and hydrological conditions and relationships and on foreseeable economic development at the time the subdivision is designated or altered.
(8)  "Subsidence" means the lowering in elevation of the land surface caused by withdrawal of groundwater.
(9)  "Board" means the board of directors of a district.
(10)  "Director" means a member of a board.
(11)  "Management area" means an area designated and delineated by the Texas Water Development Board as an area suitable for management of groundwater resources.
(12)  "Priority groundwater management area" means an area designated and delineated by the commission as an area that is experiencing or is expected to experience critical groundwater problems.
(13)  "Political subdivision" means a county, municipality, or other body politic or corporate of the state, including a district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, a state agency, or a nonprofit water supply corporation created under Chapter 76, Acts of the 43rd Legislature, 1st Called Session, 1933 (Article 1434a, Vernon's Texas Civil Statutes).
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 4.10, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 966, Sec. 2.21, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 35 - Groundwater Studies › Section 35.003. Surface Water Laws Not Applicable

Sec. 35.003.  SURFACE WATER LAWS NOT APPLICABLE.  The laws and administrative rules relating to the use of surface water do not apply to groundwater.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 35 - Groundwater Studies › Section 35.004. Designation of Groundwater Management Areas

Sec. 35.004.  DESIGNATION OF GROUNDWATER MANAGEMENT AREAS.  (a)  The Texas Water Development Board, with assistance and cooperation from the commission, shall designate groundwater management areas covering all major and minor aquifers in the state.  The initial designation of groundwater management areas shall be completed not later than September 1, 2003. Each groundwater management area shall be designated with the objective of providing the most suitable area for the management of the groundwater resources.  To the extent feasible, the groundwater management area shall coincide with the boundaries of a groundwater reservoir or a subdivision of a groundwater reservoir.  The Texas Water Development Board also may consider other factors, including the boundaries of political subdivisions.
(b)  The commission may designate a groundwater management area after September 1, 2001, for a petition filed and accepted by the commission according to its rules in effect before September 1, 2001.  The commission shall act on the designation in accordance with this section.
(c)  The Texas Water Development Board may alter the boundaries of designated management areas as required by future conditions and as justified by factual data.  An alteration of boundaries does not invalidate the previous creation of any district.
(d)  The Texas Water Development Board shall designate groundwater management areas using the procedures applicable to rulemaking under Chapter 2001, Government Code.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.22, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 35 - Groundwater Studies › Section 35.009. Notice and Hearing

Sec. 35.009.  NOTICE AND HEARING.  (a)  The commission shall have notice of the hearing published in at least one newspaper with general circulation in the county or counties in which the area proposed for designation as a priority groundwater management area is located.  Notice must be published not later than the 30th day before the date set for the hearing.
(b)  The notice must include:
(1)  if applicable, a statement of the general purpose and effect of designating the proposed priority groundwater management area;
(2)  if applicable, a statement of the general purpose and effect of creating a new district in the priority groundwater management area;
(3)  if applicable, a statement of the general purpose and effect of adding all or part of the land in the priority groundwater management area to an existing district;
(4)  a map generally outlining the boundaries of the area being considered for priority groundwater management area designation or notice of the location at which a copy of the map may be examined or obtained;
(5)  a statement that the executive director's report concerning the priority groundwater management area or proposed area is available at the commission's main office in Austin, Texas, and at regional offices of the commission for regions which include territory within the priority groundwater management area or proposed priority groundwater management area and that the report is available for inspection during regular business hours;
(6)  a description or the name of the locations in the affected area at which the commission has provided copies of the executive director's report to be made available for public inspection;
(7)  the name and address of each public library, each county clerk's office, and each district to which the commission has provided copies of the executive director's report;  and
(8)  the date, time, and place of the hearing.
(c)  The commission shall also give written notice of the date, time, place, and purpose of the hearing to the governing body of each county, regional water planning group, adjacent groundwater district, municipality, river authority, water district, or other entity which supplies public drinking water, including each holder of a certificate of convenience and necessity issued by the commission, and of each irrigation district, located either in whole or in part in the priority groundwater management area or proposed priority groundwater management area.  The notice must be given before the 30th day preceding the date set for the hearing.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 4.13, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 966, Sec. 2.25, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 35 - Groundwater Studies › Section 35.012. Creation of District in Priority Groundwater Management Area

Sec. 35.012.  CREATION OF DISTRICT IN PRIORITY GROUNDWATER MANAGEMENT AREA.  (a)  Following the issuance of a commission order under Section 35.008 designating a priority groundwater management area and recommending the creation of one or more districts, or the addition of land to an existing district, the landowners in the priority groundwater management area may:
(1)  create one or more districts under Subchapter B, Chapter 36;
(2)  have the area annexed to a district that adjoins the area;  or
(3)  create one or more districts through the legislative process.
(b)  Except as provided by Section 35.013, within two years, but no sooner than 120 days, from the date on which the commission issues an order under Section 35.008 designating a priority groundwater management area, for those areas that are not within a district, the commission shall create one or more new districts under Section 36.0151.
(b-1)  For purposes of this section, the commission may consider territory in two separately designated priority groundwater management areas to be in the same designated priority groundwater management area if:
(1)  the two areas share a common boundary and one or more common aquifers; and
(2)  the commission determines that a district composed of territory in the two areas will result in more effective or efficient groundwater management than other options available to the commission.
(c)  Following the issuance of a commission order under Section 35.008, the Texas Agricultural Extension Service shall begin an educational program within such areas with the assistance and cooperation of the Texas Water Development Board, the commission, the Department of Agriculture, other state agencies, and existing districts to inform the residents of the status of the area's water resources and management options including possible formation of a district.  The county commissioners court of each county in the priority groundwater management area shall form a steering committee to provide assistance to the Texas Agricultural Extension Service in accomplishing the goals of the education program within the area.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 4.14, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 456, Sec. 11, eff. June 18, 1999;  Acts 1999, 76th Leg., ch. 979, Sec. 13, eff. June 18, 1999;  Acts 2001, 77th Leg., ch. 966, Sec. 2.26, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 886 (S.B. 313), Sec. 3, eff. June 17, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 35 - Groundwater Studies › Section 35.014. Costs of Elections

Sec. 35.014.  COSTS OF ELECTIONS.  (a)  The costs of an election to create a district at which a district is authorized to be created shall be paid by the district.
(b)  The costs of an election to add a priority groundwater management area to an existing district at which the voters approve adding the priority groundwater management area to the district shall be paid by the existing district.
(c)  The costs of an election to create a district or add a priority groundwater management area to an existing district at which the proposition fails shall be paid by the commission.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 4.16, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 35 - Groundwater Studies › Section 35.015. State Assistance

Sec. 35.015.  STATE ASSISTANCE.  A political subdivision located in an area delineated as a priority groundwater management area, and in which qualified voters approve the creation of a district or annexation into an existing district, shall be given consideration to receive financial assistance from the state under Chapter 17 for funds to be used in addressing issues identified in the priority groundwater management area report in the manner provided by Sections 17.124 and 17.125.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 4.17, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 35 - Groundwater Studies › Section 35.017. State-Owned Land

Sec. 35.017.  STATE-OWNED LAND.  If state-owned land or a portion of state-owned land is located in a priority groundwater management area, the state agency that has management and control over that land under the constitution or by statute may elect by written agreement with the commission and the district to include the state-owned land in the district.  The agreement shall be entered into as provided by the Texas Intergovernmental Cooperation Act, Chapter 741, Government Code, and may include provisions for the payment by the state agency of reasonable fees to the district.  If the state does not elect to enter into the agreement to include the state-owned land in the district, the state agency must establish a groundwater management plan that will conserve, protect, and prevent the waste of groundwater on that state-owned land.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 4.18, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 35 - Groundwater Studies › Section 35.018. Reports

Sec. 35.018.  REPORTS.  (a)  No later than January 31 of each odd-numbered year, the commission in conjunction with the Texas Water Development Board shall prepare and deliver to the governor, the lieutenant governor, and the speaker of the house of representatives a comprehensive report concerning activities during the preceding two years relating to the designation of priority groundwater management areas by the commission and the creation and operation of districts.
(b)  The report must include:
(1)  the names and locations of all priority groundwater management areas and districts created or attempted to be created on or after November 5, 1985, the effective date of Chapter 133 (H.B. No. 2), Acts of the 69th Legislature, Regular Session, 1985;
(2)  the authority under which each priority groundwater management area and district was proposed for creation;
(3)  a detailed analysis of each election held to confirm the creation of a district, including analysis of election results, possible reasons for the success or failure to confirm the creation of a district, and the possibility for future voter approval of districts in areas in which attempts to create districts failed;
(4)  a detailed analysis of the activities of each district created, including those districts which are implementing management plans certified under Section 36.1072;
(5)  a report on audits performed on districts under Section 36.302 and remedial actions taken under Section 36.303;
(6)  recommendations for changes in this chapter and Chapter 36 that will facilitate the creation of priority groundwater management areas and the creation and operation of districts;
(7)  a report on educational efforts in newly designated priority groundwater management areas;  and
(8)  any other information and recommendations that the commission considers relevant.
(c)  If the commission determines that a district created under Chapter 36 is not appropriate for, or capable of, the protection of the groundwater resources for a particular management area or priority groundwater management area, the commission may recommend in its report to the legislature the creation of a special district or amendment of an existing district.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 4.19, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.28, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 35 - Groundwater Studies › Section 35.019. Water Availability

Sec. 35.019.  WATER AVAILABILITY.  (a)  The commissioners court of a county in a priority groundwater management area may adopt water availability requirements in an area where platting is required if the court determines that the requirements are necessary to prevent current or projected water use in the county from exceeding the safe sustainable yield of the county's water supply.
(b)  The commissioners court of a county in a priority groundwater management area may:
(1)  require a person seeking approval of a plat required by Subchapter A, Chapter 232, Local Government Code, to show:
(A)  compliance with the water availability requirements adopted by the court under this section;  and
(B)  that an adequate supply of water of sufficient quantity and quality is available to supply the number of lots proposed for the platted area;
(2)  adopt standards or formulas to determine whether an adequate water supply exists for the platted area;  and
(3)  adopt procedures for submitting the information necessary to determine whether an adequate water supply exists for the platted area.
(c)  The water availability requirements established by a commissioners court under this section may require that:
(1)  a person seeking approval of a plat or attempting to sell a lot in a subdivision:
(A)  notify a purchaser of a lot in the subdivision if an approved water supply for the subdivision does not exist;  or
(B)  if the person attempts to build a water supply system to serve one or more lots within the subdivision:
(i)  comply with federal, state, and local law;  and
(ii)  establish an entity to construct and operate the system;  or
(2)  a planned or operating water supply system serving one or more lots within a subdivision be built and operated in compliance with federal, state, and local laws and rules related to public drinking water.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 4.19, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 35 - Groundwater Studies › Section 35.020. Public Participation in Groundwater Management Process

Sec. 35.020.  PUBLIC PARTICIPATION IN GROUNDWATER MANAGEMENT PROCESS.  It is the policy of the state to encourage public participation in the groundwater management process in areas within a groundwater management area not represented by a groundwater conservation district.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.20, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter A. General Provisions › Section 36.0015. Purpose

Sec. 36.0015.  PURPOSE.  (a)  In this section, "best available science" means conclusions that are logically and reasonably derived using statistical or quantitative data, techniques, analyses, and studies that are publicly available to reviewing scientists and can be  employed to address a specific scientific question.
(b)  In order to provide for the conservation, preservation, protection, recharging, and prevention of waste of groundwater, and of groundwater reservoirs or their subdivisions, and to control subsidence caused by withdrawal of water from those groundwater reservoirs or their subdivisions, consistent with the objectives of Section 59, Article XVI, Texas Constitution, groundwater conservation districts may be created as provided by this chapter.  Groundwater conservation districts created as provided by this chapter are the state's preferred method of groundwater management in order to protect property rights, balance the conservation and development of groundwater to meet the needs of this state, and use the best available science in the conservation and development of groundwater through rules developed, adopted, and promulgated by a district in accordance with the provisions of this chapter.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 4.21, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.30, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 993 (H.B. 200), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter A. General Provisions › Section 36.002. Ownership of Groundwater

Sec. 36.002.  OWNERSHIP OF GROUNDWATER.  (a)  The legislature recognizes that a landowner owns the groundwater below the surface of the landowner's land as real property.
(b)  The groundwater ownership and rights described by this section entitle the landowner, including a landowner's lessees, heirs, or assigns, to:
(1)  drill for and produce the groundwater below the surface of real property, subject to Subsection (d), without causing waste or malicious drainage of other property or negligently causing subsidence; and
(2)  have any other right recognized under common law.
(b-1)  The groundwater ownership and rights described by this section do not:
(1)  entitle a landowner, including a landowner's lessees, heirs, or assigns, to the right to capture a specific amount of groundwater below the surface of that landowner's land; or
(2)  affect the existence of common law defenses or other defenses to liability under the rule of capture.
(c)  Nothing in this code shall be construed as granting the authority to deprive or divest a landowner, including a landowner's lessees, heirs, or assigns, of the groundwater ownership and rights described by this section.
(d)  This section does not:
(1)  prohibit a district from limiting or prohibiting the drilling of a well by a landowner for failure or inability to comply with minimum well spacing or tract size requirements adopted by the district;
(2)  affect the ability of a district to regulate groundwater production as authorized under Section 36.113, 36.116, or 36.122 or otherwise under this chapter or a special law governing a district; or
(3)  require that a rule adopted by a district allocate to each landowner a proportionate share of available groundwater for production from the aquifer based on the number of acres owned by the landowner.
(e)  This section does not affect the ability to regulate groundwater in any manner authorized under:
(1)  Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993, for the Edwards Aquifer Authority;
(2)  Chapter 8801, Special District Local Laws Code, for the Harris-Galveston Subsidence District; and
(3)  Chapter 8834, Special District Local Laws Code, for the Fort Bend Subsidence District.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.31, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1116 (H.B. 2423), Sec. 2, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1207 (S.B. 332), Sec. 1, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 590 (H.B. 4112), Sec. 1, eff. June 16, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter B. Creation of District › Section 36.011. Method of Creating District

Sec. 36.011.  METHOD OF CREATING DISTRICT.  (a)  A groundwater conservation district may be created under and subject to the authority, conditions, and restrictions of Section 59, Article XVI, Texas Constitution.
(b)  The commission has exclusive jurisdiction over the creation of districts.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.32, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter B. Creation of District › Section 36.012. Composition of District

Sec. 36.012.  COMPOSITION OF DISTRICT.  (a)  A district may include all or part of one or more counties, cities, districts, or other political subdivisions.
(b)  A district may not include territory located in more than one county except on a majority vote of the voters residing within the territory in each county sought to be included in the district at an election called for that purpose.
(c)  The boundaries of a district must be coterminous with or inside the boundaries of a management area or a priority groundwater management area.
(d)  A district may consist of separate bodies of land separated by land not included in the district.
(e)  A majority of the voters in a segregated area must approve the creation of the district before that area may be included in the district.
(f)  This section does not apply to districts created under Section 36.0151.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 4.22, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 966, Sec. 2.33, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter B. Creation of District › Section 36.013. Petition to Create District

Sec. 36.013.  PETITION TO CREATE DISTRICT.  (a)  A petition requesting creation of a district must be filed with the commission for review and certification under Section 36.015.
(b)  The petition filed pursuant to this section must be signed by:
(1)  a majority of the landowners within the proposed district, as indicated by the county tax rolls;  or
(2)  if there are more than 50 landowners in the proposed district, at least 50 of those landowners.
(c)  The petition must include:
(1)  the name of the proposed district;
(2)  the area and boundaries of the proposed district, including a map generally outlining the boundaries of the proposed district;
(3)  the purpose or purposes of the district;
(4)  a statement of the general nature of any projects proposed to be undertaken by the district, the necessity and feasibility of the work, and the estimated costs of those projects according to the persons filing the projects if the projects are to be funded by the sale of bonds or notes;
(5)  the names of at least five individuals qualified to serve as temporary directors;  and
(6)  financial information, including the projected maintenance tax or production fee rate and a proposed budget of revenues and expenses for the district.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 4.23, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 966, Sec. 2.34, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter B. Creation of District › Section 36.014. Notice and Public Meeting on District Creation

Sec. 36.014.  NOTICE AND PUBLIC MEETING ON DISTRICT CREATION.  (a)  If a petition is filed under Section 36.013, the commission shall give notice of the application and shall conduct a public meeting in a central location within the area of the proposed district on the application not later than the 60th day after the date the commission issues notice.  The notice must contain the date, time, and location of the public meeting and must be published in one or more newspapers of general circulation in the area of the proposed district.
(b)  If the petition contains a request to create a management area in all or part of the proposed district, the notice must also be given in accordance with the requirements in Section 35.006 for the designation of management areas.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1070, Sec. 1, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 966, Sec. 2.35, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter B. Creation of District › Section 36.015. Commission Certification and Order

Sec. 36.015.  COMMISSION CERTIFICATION AND ORDER.  (a)  Not later than the 90th day after the date the commission holds a public meeting on a petition under Section 36.014, the commission shall certify the petition if the petition is administratively complete.  A petition is administratively complete if it complies with the requirements of Sections 36.013(b) and (c).
(b)  The commission may not certify a petition if the commission finds that the proposed district cannot be adequately funded to carry out its purposes based on the financial information provided in the petition under Section 36.013(c)(6) or that the boundaries of the proposed district do not provide for the effective management of the groundwater resources.  The commission shall give preference to boundary lines that are coterminous with those of a groundwater management area but may also consider boundaries along existing political subdivision boundaries if such boundaries would facilitate district creation and confirmation.
(c)  If a petition proposes the creation of a district in an area, in whole or in part, that has not been designated as a management area, the commission shall provide notice to the Texas Water Development Board.  On the receipt of notice from the commission, the Texas Water Development Board shall initiate the process of designating a management area for the area of the proposed district not included in a management area.  The commission may not certify the petition until the Texas Water Development Board has adopted a rule whereby the boundaries of the proposed district are coterminous with or inside the boundaries of a management area.
(d)  If the commission does not certify the petition, the commission shall provide to the petitioners, in writing, the reasons for not certifying the petition.  The petitioners may resubmit the petition, without paying an additional fee, if the petition is resubmitted within 90 days after the date the commission sends the notice required by this subsection.
(e)  If the commission certifies the petition as administratively complete, the commission shall issue an order, notify the petitioners, and appoint temporary directors as provided by Section 36.016.
(f)  Refusal by the commission to certify a petition to create a district does not invalidate or affect the designation of any management area.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.36, eff. Sept. 1, 2001.