reglab/statecodes huggingface dataset:
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8857 - Texana Groundwater Conservation District › Subchapter A. General Provisions › Section 8857.003. Findings of Public Use and Benefit

Sec. 8857.003.  FINDINGS OF PUBLIC USE AND BENEFIT.  (a)  The district is created to serve a public use and benefit.
(b)  All land and other property included in the district will benefit from the works and projects accomplished by the district under the powers conferred by Section 59, Article XVI, Texas Constitution.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8857 - Texana Groundwater Conservation District › Subchapter A. General Provisions › Section 8857.004. District Territory

Sec. 8857.004.  DISTRICT TERRITORY.  The district's boundaries are coextensive with the boundaries of Jackson County unless the district's territory has been modified under:
(1)  Subchapter J, Chapter 36, Water Code; or
(2)  other law.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8857 - Texana Groundwater Conservation District › Subchapter B. Board of Directors › Section 8857.051. Composition of Board; Terms

Sec. 8857.051.  COMPOSITION OF BOARD; TERMS.  (a)  The district is governed by a board of seven directors.
(b)  Directors serve staggered four-year terms.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8857 - Texana Groundwater Conservation District › Subchapter B. Board of Directors › Section 8857.052. Election of Directors

Sec. 8857.052.  ELECTION OF DIRECTORS.  (a)  Directors are elected according to the commissioners precinct method provided by this section.
(b)  Three directors are elected by the voters of the entire district.  One director is elected from each county commissioners precinct by the voters of that precinct.
(c)  A person shall indicate on the application for a place on the ballot:
(1)  the precinct that the person seeks to represent; or
(2)  that the person seeks to represent the district at large.
(d)  When the boundaries of the county commissioners precincts are changed, each director in office on the effective date of the change or elected to a term of office beginning on or after the effective date of the change serves in the precinct to which the director was elected for the entire term to which the director was elected, even though the change in boundaries places the person's residence outside the precinct for which the person was elected.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8857 - Texana Groundwater Conservation District › Subchapter B. Board of Directors › Section 8857.053. Election Date

Sec. 8857.053.  ELECTION DATE.  On the uniform election date in November of each even-numbered year, the appropriate number of directors shall be elected.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 18.018(a), eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8857 - Texana Groundwater Conservation District › Subchapter B. Board of Directors › Section 8857.054. Qualifications for Office

Sec. 8857.054.  QUALIFICATIONS FOR OFFICE.  (a)  To be qualified to be a candidate for or to serve as director at large, a person must be a registered voter in the district.
(b)  To be a candidate for or to serve as director from a county commissioners precinct, a person must be a registered voter of that precinct, except as provided by Section 8857.052(d).
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8857 - Texana Groundwater Conservation District › Subchapter B. Board of Directors › Section 8857.055. Board Vacancy

Sec. 8857.055.  BOARD VACANCY.  If there is a vacancy on the board, the remaining directors shall appoint a director to serve the remainder of the term.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8857 - Texana Groundwater Conservation District › Subchapter B. Board of Directors › Section 8857.056. Compensation; Expenses

Sec. 8857.056.  COMPENSATION; EXPENSES.  A director may not receive a salary or other compensation for service as a director but may be reimbursed for actual expenses of attending meetings at the rate in effect for employees of Jackson County.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8857 - Texana Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8857.101. Groundwater Conservation District Powers and Duties

Sec. 8857.101.  GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES.  The district has the rights, powers, privileges, functions, and duties provided by the general law of this state, including Chapter 36, Water Code, applicable to groundwater conservation districts created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8857 - Texana Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8857.102. Contracts With Other Governmental Entities

Sec. 8857.102.  CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES.  (a) The district may contract with other governmental entities.
(b)  The district may contract with other governmental entities to perform district functions.
(c)  The district may not contract with a river authority to perform district functions except as provided by Chapter 791, Government Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 18.019(a), eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8857 - Texana Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8857.103. No Eminent Domain Power

Sec. 8857.103.  NO EMINENT DOMAIN POWER.  The district may not exercise the powers granted by Section 36.105, Water Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 18.020(a), eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8857 - Texana Groundwater Conservation District › Subchapter D. General Financial Provisions › Section 8857.151. Limitation on Taxes

Sec. 8857.151.  LIMITATION ON TAXES.  The district may not impose an ad valorem tax at a rate that exceeds two cents on each $100 valuation of taxable property in the district.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8858 - Kimble County Groundwater Conservation District › Subchapter A. General Provisions › Section 8858.001. Definitions

Sec. 8858.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "Director" means a board member.
(3)  "District" means the Kimble County Groundwater Conservation District.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.05, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8858 - Kimble County Groundwater Conservation District › Subchapter A. General Provisions › Section 8858.002. Nature of District

Sec. 8858.002.  NATURE OF DISTRICT.  The district is a groundwater conservation district in Kimble County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.05, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8858 - Kimble County Groundwater Conservation District › Subchapter A. General Provisions › Section 8858.003. Findings of Public Use and Benefit

Sec. 8858.003.  FINDINGS OF PUBLIC USE AND BENEFIT.  (a)  The district is created to serve a public use and benefit.
(b)  All land and other property included in the district will benefit from the works and projects accomplished by the district under the powers conferred by Section 59, Article XVI, Texas Constitution.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.05, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8858 - Kimble County Groundwater Conservation District › Subchapter A. General Provisions › Section 8858.004. District Territory

Sec. 8858.004.  DISTRICT TERRITORY.  The district's boundaries are coextensive with the boundaries of Kimble County, excluding that part of Kimble County that lies within the boundaries of Hickory Underground Water Conservation District No. 1, unless the district's territory has been modified under:
(1)  Subchapter J or K, Chapter 36, Water Code; or
(2)  other law.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.05, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8858 - Kimble County Groundwater Conservation District › Subchapter B. Board of Directors › Section 8858.051. Composition of Board; Terms

Sec. 8858.051.  COMPOSITION OF BOARD; TERMS.  (a)  The district is governed by a board of five directors.
(b)  Directors serve staggered four-year terms.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.05, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8858 - Kimble County Groundwater Conservation District › Subchapter B. Board of Directors › Section 8858.052. Election of Directors

Sec. 8858.052.  ELECTION OF DIRECTORS.  (a)  The district is divided into five numbered single-member districts for electing directors.
(b)  One director is elected from each single-member district.  A director elected from a single-member district represents the residents of that single-member district.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.05, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8858 - Kimble County Groundwater Conservation District › Subchapter B. Board of Directors › Section 8858.053. Election Date

Sec. 8858.053.  ELECTION DATE.  Each even-numbered year, on the uniform election date in May or another date authorized by law, the appropriate number of directors shall be elected.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.05, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8858 - Kimble County Groundwater Conservation District › Subchapter B. Board of Directors › Section 8858.054. Qualifications for Office

Sec. 8858.054.  QUALIFICATIONS FOR OFFICE.  To be qualified to be a candidate for or to serve as director, a person must be a registered voter in the single-member district that the person represents or seeks to represent.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.05, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8858 - Kimble County Groundwater Conservation District › Subchapter B. Board of Directors › Section 8858.055. Revision of Single-Member Districts

Sec. 8858.055.  REVISION OF SINGLE-MEMBER DISTRICTS.  (a)  The board may revise the single-member districts as necessary or appropriate.
(b)  The board shall revise each single-member district after each federal decennial census to reflect population changes.
(c)  At the first election after the single-member districts are revised, a new director shall be elected from each district.  The directors shall draw lots to determine which two directors serve two-year terms and which three directors serve four-year terms.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.05, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8858 - Kimble County Groundwater Conservation District › Subchapter B. Board of Directors › Section 8858.056. Compensation; Expenses

Sec. 8858.056.  COMPENSATION; EXPENSES. A director is not entitled to fees of office but is entitled to reimbursement of actual expenses reasonably and necessarily incurred while engaging in activities on behalf of the district.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.05, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8858 - Kimble County Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8858.101. Groundwater Conservation District Powers and Duties

Sec. 8858.101.  GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES.  The district has the rights, powers, privileges, functions, and duties provided by the general law of this state, including Chapter 36, Water Code, applicable to groundwater conservation districts created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.05, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8858 - Kimble County Groundwater Conservation District › Subchapter D. General Financial Provisions › Section 8858.151. Limitation on Taxes for Bonds or Notes

Sec. 8858.151.  LIMITATION ON TAXES FOR BONDS OR NOTES.  The district, to pay any part of bonds or notes issued by the district, may not impose a tax that exceeds 20 cents on each $100 of assessed valuation.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.05, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8859 - Red River Groundwater Conservation District › Subchapter A. General Provisions › Section 8859.001. Definitions

Sec. 8859.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of directors of the district.
(2)  "Director" means a member of the board.
(3)  "District" means the Red River Groundwater Conservation District.
(4)  "Water services district" means a district created under the authority of Section 59, Article XVI, or Section 52, Article III, Texas Constitution, with the authority to provide retail water service in the district.
(5)  "Water supply corporation" means a water supply corporation operating under Chapter 67, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 884 (S.B. 2529), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8859 - Red River Groundwater Conservation District › Subchapter A. General Provisions › Section 8859.002. Nature of District; Findings

Sec. 8859.002.  NATURE OF DISTRICT; FINDINGS.  (a)  The district is a groundwater conservation district in Grayson and Fannin Counties created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
(b)  The district is created to serve a public use and benefit.
(c)  All of the land and other property included within the boundaries of the district will be benefited by the works and projects that are to be accomplished by the district under powers conferred by this chapter and by Chapter 36, Water Code.
(d)  Any fees imposed by the district under this chapter are necessary to pay for the costs of accomplishing the purposes of the district, including the conservation and management of groundwater resources, as provided by this chapter and Section 59, Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch. 884 (S.B. 2529), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8859 - Red River Groundwater Conservation District › Subchapter A. General Provisions › Section 8859.003. Initial District Territory

Sec. 8859.003.  INITIAL DISTRICT TERRITORY.  The initial boundaries of the district are coextensive with the boundaries of Grayson and Fannin Counties.
Added by Acts 2009, 81st Leg., R.S., Ch. 884 (S.B. 2529), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8859 - Red River Groundwater Conservation District › Subchapter A. General Provisions › Section 8859.004. Applicability of Other Groundwater Conservation District Law

Sec. 8859.004.  APPLICABILITY OF OTHER GROUNDWATER CONSERVATION DISTRICT LAW.  (a)  Except as otherwise provided by this chapter, Chapter 36, Water Code, applies to the district.
(b)  Subchapter B, Chapter 36, Water Code, does not apply to the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 884 (S.B. 2529), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8859 - Red River Groundwater Conservation District › Subchapter A. General Provisions › Section 8859.005. Construction of Chapter

Sec. 8859.005.  CONSTRUCTION OF CHAPTER.  This chapter shall be liberally construed to achieve the legislative intent and purposes of Chapter 36, Water Code.  A power granted by Chapter 36, Water Code, or this chapter shall be broadly interpreted to achieve that intent and those purposes.
Added by Acts 2009, 81st Leg., R.S., Ch. 884 (S.B. 2529), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8859 - Red River Groundwater Conservation District › Subchapter B. Board of Directors › Section 8859.051. Governing Body; Terms

Sec. 8859.051.  GOVERNING BODY; TERMS.  (a)  The district is governed by a board of seven directors appointed as provided by this section.
(b)  Directors serve staggered four-year terms, with the terms of three or four directors from each appointing county expiring on August 31 of each odd-numbered year.
(c)  A director serves until the director's successor has qualified to serve.
Added by Acts 2009, 81st Leg., R.S., Ch. 884 (S.B. 2529), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8859 - Red River Groundwater Conservation District › Subchapter B. Board of Directors › Section 8859.052. Director Eligibility; Qualification

Sec. 8859.052.  DIRECTOR ELIGIBILITY; QUALIFICATION.  (a)  To be eligible to serve as a director:
(1)  a person appointed under Section 8859.053(a)(1), (2), or (3) must be a registered voter of Fannin County; and
(2)  a person appointed under Section 8859.053(a)(4), (5), or (6) must be a registered voter of Grayson County.
(b)  Each director must qualify to serve in the manner provided by Section 36.055, Water Code.
(c)  A person who qualifies as a director may participate in all votes relating to the business of the district, regardless of any common law doctrine or statutory prohibition related to conflicts of interest or incompatibility.
(d)  Section 36.058, Water Code, does not apply to a director.
Added by Acts 2009, 81st Leg., R.S., Ch. 884 (S.B. 2529), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8859 - Red River Groundwater Conservation District › Subchapter B. Board of Directors › Section 8859.053. Appointment of Directors

Sec. 8859.053.  APPOINTMENT OF DIRECTORS.  (a)  The board consists of seven directors as follows:
(1)  one director appointed by the commissioners court of Fannin County at the discretion of the commissioners court;
(2)  one director appointed by the commissioners court of Fannin County selected from a list of nominees submitted to the commissioners court by the governing bodies of the municipalities in Fannin County;
(3)  one director appointed by the commissioners court of Fannin County selected from a list of nominees submitted to the commissioners court by the water services districts and water supply corporations that provide retail water service to customers in Fannin County, subject to the limitation provided by Subsection (f);
(4)  two directors appointed by the governing body of the municipality in Grayson County that has the largest annual production of groundwater by volume for the four years preceding the appointment;
(5)  one director appointed jointly by the governing bodies of the municipalities in Grayson County other than the municipality described by Subdivision (4); and
(6)  one director appointed jointly by the governing boards of all water services districts and water supply corporations that provide retail water service to customers in Grayson County, subject to the limitation provided by Subsection (f).
(b)  Directors must be appointed not later than the second Monday in August of each odd-numbered year.
(c)  Not later than the 60th day before the second Monday in August of each odd-numbered year, the district shall mail written notice to each entity authorized to make an appointment under Subsection (a).
(d)  The board by rule shall adopt a procedure for the written submission of appointments to the district.
(e)  An entity that Subsection (a)(2) or (3) authorizes to nominate persons for director shall submit a list of nominees not later than the 30th day before the date the appointment is to be made under this section.  If an entity designated by Subsection (a)(2) or (3) does not submit the list before that date, the commissioners court of Fannin County may appoint a director to the position for which the list was not received at the discretion of the commissioners court.
(f)  A water services district or water supply corporation in Grayson and Fannin Counties may not participate in the appointment of a director unless that district or corporation used groundwater produced from wells located within the district to provide retail water service in the district during the calendar year of the appointment or the calendar year preceding the appointment.  The board may require evidence of eligibility to participate.
Added by Acts 2009, 81st Leg., R.S., Ch. 884 (S.B. 2529), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8859 - Red River Groundwater Conservation District › Subchapter B. Board of Directors › Section 8859.054. Vacancies

Sec. 8859.054.  VACANCIES.  If a vacancy occurs on the board, the entity that appointed the director who vacated the office shall appoint a person to fill the vacancy for the unexpired term in the manner provided for the vacant position by Section 8859.053.
Added by Acts 2009, 81st Leg., R.S., Ch. 884 (S.B. 2529), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8859 - Red River Groundwater Conservation District › Subchapter B. Board of Directors › Section 8859.055. Compensation; Reimbursement

Sec. 8859.055.  COMPENSATION; REIMBURSEMENT.  (a)  Notwithstanding Sections 36.060(a) and (d), Water Code, a director may not receive compensation for performing the duties of director.
(b)  A director is entitled to reimbursement of actual expenses reasonably and necessarily incurred while engaging in activities on behalf of the district.
(c)  A position on the board is not a civil office of emolument for any purpose, including a purpose described in Section 40, Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch. 884 (S.B. 2529), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8859 - Red River Groundwater Conservation District › Subchapter B. Board of Directors › Section 8859.056. Quorum; Concurrence for Transacting Business

Sec. 8859.056.  QUORUM; CONCURRENCE FOR TRANSACTING BUSINESS.  (a)  A majority of the board membership constitutes a quorum for any meeting and a concurrence of a majority of the board shall be sufficient to transact district business, except as provided by Subsection (b).
(b)  A concurrence of not fewer than six directors is required for transacting the following district business:
(1)  establishing or amending a groundwater production fee assessed by the district based on the amount of groundwater authorized by permit to be withdrawn from a well or on the amount of water actually withdrawn from a well;
(2)  adopting the annual budget of the district; and
(3)  except as provided by Subsection (c), granting or denying a permit or permit amendment for a well that is intended to produce water within the district which will be transported in any amount for use outside the boundaries of the district.
(c)  A concurrence of a majority of the board is sufficient to grant or deny a permit or permit amendment submitted by a retail public utility that provides retail water service in the district and intends to:
(1)  produce water from a well located:
(A)  within the district; and
(B)  inside the boundaries or a certificated service area of a retail public utility; and
(2)  transport the water outside the district, so long as the water is used within the same certificated service area or boundary of the retail public utility.
Added by Acts 2009, 81st Leg., R.S., Ch. 884 (S.B. 2529), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8859 - Red River Groundwater Conservation District › Subchapter B. Board of Directors › Section 8859.057. Decennial Review of District Representation

Sec. 8859.057.  DECENNIAL REVIEW OF DISTRICT REPRESENTATION.  (a)  Not later than January 1, 2019, and every 10 years following that date, the board shall complete a review of the adequacy of representation of water users on the board based on groundwater production and use within the district.
(b)  Not later than the 20th day following the date the review is complete, the board shall submit the review described in Subsection (a) and any recommendation the board may have relating to the reapportionment of directors or the representational structure of the board to each member of the house of representatives and each member of the senate whose state legislative district includes territory in the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 884 (S.B. 2529), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8859 - Red River Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8859.101. Groundwater Conservation District Powers and Duties

Sec. 8859.101.  GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES.  Except as provided by this chapter, the district has the powers and duties provided by the general law of this state, including Chapter 36, Water Code, applicable to groundwater conservation districts created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch. 884 (S.B. 2529), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8859 - Red River Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8859.102. Contracts

Sec. 8859.102.  CONTRACTS.  The district may enter into a contract with any person, public or private, for any purpose authorized by law.
Added by Acts 2009, 81st Leg., R.S., Ch. 884 (S.B. 2529), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8859 - Red River Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8859.103. Applicability of District Rules Regulating Groundwater

Sec. 8859.103.  APPLICABILITY OF DISTRICT RULES REGULATING GROUNDWATER.  District rules regulating groundwater adopted under this chapter apply to all persons except as exempted under Section 36.117, Water Code, or this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 884 (S.B. 2529), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8859 - Red River Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8859.104. Well Spacing Rules; Exemptions

Sec. 8859.104.  WELL SPACING RULES; EXEMPTIONS.  (a)  Except as provided by Subsection (b), the district shall exempt from the well spacing requirements adopted by the district any well that is completed on or before the effective date of those requirements.
(b)  The district by rule may provide that a well may lose its exemption under this section if the well is modified in a manner that substantially increases the capacity of the well after the effective date of the well spacing requirements adopted by the district.
(c)  Except as provided by this section and notwithstanding Section 8859.103, the district may require any well or class of wells exempt from permitting under Chapter 36, Water Code, to comply with the well spacing requirements adopted by the district.  The district shall apply well spacing requirements uniformly to any well or class of wells based on the size or capacity of the well and without regard to the type of use of the groundwater produced by the well.
Added by Acts 2009, 81st Leg., R.S., Ch. 884 (S.B. 2529), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8859 - Red River Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8859.105. Registration and Reporting Requirements for Certain Exempt Wells

Sec. 8859.105.  REGISTRATION AND REPORTING REQUIREMENTS FOR CERTAIN EXEMPT WELLS.  The district may adopt rules that require the owner or operator of a well or class of wells exempt from permitting under Section 36.117, Water Code, to register the well with the district and, except for a well exempt from permitting under Subsection (b)(1) of that section, to report groundwater withdrawals from the well using reasonable and appropriate reporting methods and frequency.
Added by Acts 2009, 81st Leg., R.S., Ch. 884 (S.B. 2529), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8859 - Red River Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8859.106. Enforcement

Sec. 8859.106.  ENFORCEMENT.  (a)  The district may enforce this chapter in the manner provided by Chapter 36, Water Code.  In lieu of a remedy available to the district under Section 36.102, Water Code, or in addition to those remedies, the district may impose a fee in addition to a fee assessed under Section 8859.152 on a person producing groundwater in violation of a rule of the district, including the failure or refusal to comply with any order or rule of the district to reduce or cease groundwater usage.  The purpose of a fee authorized under this subsection is to serve as a disincentive to producing groundwater except as authorized by the district.
(b)  A fee imposed under Subsection (a) may not exceed an amount equal to 10 times the amount of a fee assessed under Section 8859.152.
Added by Acts 2009, 81st Leg., R.S., Ch. 884 (S.B. 2529), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8859 - Red River Groundwater Conservation District › Subchapter D. General Financial Provisions › Section 8859.151. Taxes Prohibited

Sec. 8859.151.  TAXES PROHIBITED.  The district may not impose a tax.  Sections 36.201-36.204, Water Code, do not apply to the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 884 (S.B. 2529), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8859 - Red River Groundwater Conservation District › Subchapter D. General Financial Provisions › Section 8859.152. District Revenues

Sec. 8859.152.  DISTRICT REVENUES.  (a)  The district by rule, resolution, or order may establish, amend, pledge, encumber, expend the proceeds from, and assess to any person production fees based on the amount of groundwater authorized by permit to be withdrawn from a well or on the amount of water actually withdrawn, to enable the district to fulfill its purposes and regulatory functions as provided by this chapter.  The district may use revenues generated by fees it assesses for any lawful purpose.
(b)  Notwithstanding any provision of general law to the contrary, a fee authorized by Subsection (a) may not exceed:
(1)  $1 per acre-foot annually for groundwater used for agricultural purposes; or
(2)  30 cents per thousand gallons annually for groundwater used for nonagricultural purposes.
(c)  Notwithstanding any provision of general law or this chapter to the contrary, the district may assess a production fee under this section for groundwater produced from a well or class of wells exempt from permitting under Section 36.117, Water Code, except for a well exempt from permitting under Subsection (b)(1) of that section.  A production fee assessed by the district under this subsection must be based on the amount of groundwater actually withdrawn from the well and may not exceed the amount established by the district for permitted uses under Subsection (b)(2) of this section.
(d)  Notwithstanding Section 36.1071(f), Water Code, the district by rule, resolution, or order before the adoption of its management plan may:
(1)  establish, assess, and enforce the collection of production fees under this section; and
(2)  establish and enforce metering and reporting requirements, except for a well exempt from permitting under Section 36.117(b)(1), Water Code.
(e)  The district by rule may establish a temporary or permanent discounted fee rate for persons who prepay production fees to the district under this section on or before the dates established by district rule.
(f)  The district may not assess a fee for transporting water that is produced from a well located inside the district and inside a certificated service area of a retail public utility and transported outside of the district, if the water is used in the same certificated service area of the retail public utility.
Added by Acts 2009, 81st Leg., R.S., Ch. 884 (S.B. 2529), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8860 - Calhoun County Groundwater Conservation District › Subchapter A. General Provisions › Section 8860.001. Definitions

Sec. 8860.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of directors of the district.
(2)  "Director" means a board member.
(3)  "District" means the Calhoun County Groundwater Conservation District.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8860 - Calhoun County Groundwater Conservation District › Subchapter A. General Provisions › Section 8860.002. Nature of District

Sec. 8860.002.  NATURE OF DISTRICT.  The district is a groundwater conservation district in Calhoun County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8860 - Calhoun County Groundwater Conservation District › Subchapter A. General Provisions › Section 8860.003. Confirmation Election Required

Sec. 8860.003.  CONFIRMATION ELECTION REQUIRED.  If the creation of the district is not confirmed at a confirmation election held under Section 8860.022 before December 31, 2016:
(1)  the district is dissolved on December 31, 2016, except that the district shall:
(A)  pay any debts incurred;
(B)  transfer to Calhoun County any assets that remain after the payment of debts; and
(C)  maintain the organization of the district until all debts are paid and remaining assets are transferred; and
(2)  this chapter expires September 1, 2018.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8860 - Calhoun County Groundwater Conservation District › Subchapter A. General Provisions › Section 8860.004. Legislative Findings

Sec. 8860.004.  LEGISLATIVE FINDINGS.  (a)  The organization of the district is feasible and practicable.
(b)  All land in and residents of the district will benefit from the creation of the district.
(c)  The creation of the district is a public necessity and will provide a public benefit.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8860 - Calhoun County Groundwater Conservation District › Subchapter A. General Provisions › Section 8860.005. Initial District Territory

Sec. 8860.005.  INITIAL DISTRICT TERRITORY.  The initial boundaries of the district are coextensive with the boundaries of Calhoun County.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8860 - Calhoun County Groundwater Conservation District › Subchapter B. Board of Directors › Section 8860.051. Governing Body; Terms

Sec. 8860.051.  GOVERNING BODY; TERMS.  (a)  The district is governed by a board of five elected directors.
(b)  Directors serve staggered four-year terms, with two or three directors' terms expiring December 31 of each even-numbered year.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8860 - Calhoun County Groundwater Conservation District › Subchapter B. Board of Directors › Section 8860.052. Method of Electing Directors: Commissioners Precincts

Sec. 8860.052.  METHOD OF ELECTING DIRECTORS:  COMMISSIONERS PRECINCTS.  (a)  The directors of the district are elected according to the commissioners precinct method as provided by this section.
(b)  One director is elected by the voters of the entire district, and one director is elected from each county commissioners precinct by the voters of that precinct.
(c)  Except as provided by Subsection (e), to be eligible to be a candidate for or to serve as director at large, a person must be a registered voter in the district.  To be a candidate for or to serve as director from a county commissioners precinct, a person must be a registered voter of that precinct.
(d)  A person shall indicate on the application for a place on the ballot:
(1)  the precinct that the person seeks to represent; or
(2)  that the person seeks to represent the district at large.
(e)  When the boundaries of the county commissioners precincts are redrawn after each federal decennial census to reflect population changes, a director in office on the effective date of the change, or a director elected or appointed before the effective date of the change whose term of office begins on or after the effective date of the change, shall serve in the precinct to which elected or appointed even though the change in boundaries places the director's residence outside the precinct for which the director was elected or appointed.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8860 - Calhoun County Groundwater Conservation District › Subchapter B. Board of Directors › Section 8860.053. Election Date

Sec. 8860.053.  ELECTION DATE.  The district shall hold an election to elect the appropriate number of directors on the uniform election date prescribed by Section 41.001, Election Code, in November of each even-numbered year.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8860 - Calhoun County Groundwater Conservation District › Subchapter B. Board of Directors › Section 8860.054. Vacancies

Sec. 8860.054.  VACANCIES.  If a vacancy occurs on the board, the remaining directors shall appoint a person to fill the vacancy until the next regularly scheduled election of directors.  If the position is not scheduled to be filled at the election, the person elected serves only for the remainder of the unexpired term.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8860 - Calhoun County Groundwater Conservation District › Subchapter B. Board of Directors › Section 8860.055. Compensation; Expenses

Sec. 8860.055.  COMPENSATION; EXPENSES.  (a)  A director is not entitled to receive compensation for performing the duties of a director.
(b)  The board may authorize a director to receive reimbursement for the director's reasonable expenses incurred while engaging in activities on behalf of the district.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8860 - Calhoun County Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8860.101. Groundwater Conservation District Powers and Duties

Sec. 8860.101.  GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES.  Except as otherwise provided by this chapter, the district has the powers and duties provided by the general law of this state, including Chapter 36, Water Code, applicable to groundwater conservation districts created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8860 - Calhoun County Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8860.102. Certain Permit Denials Prohibited

Sec. 8860.102.  CERTAIN PERMIT DENIALS PROHIBITED.  The district may not deny the owner of a tract of land, or the owner's lessee, who does not have a well equipped to produce more than 25,000 gallons each day on the tract, either a permit to drill a well on the tract or the privilege to produce groundwater from the tract, subject to district rules.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8860 - Calhoun County Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8860.103. Mitigation Assistance

Sec. 8860.103.  MITIGATION ASSISTANCE.  In addition to the authority granted by Chapter 36, Water Code, the district may assist in the mediation between landowners regarding the loss of existing groundwater supply of exempt domestic and livestock users due to the groundwater pumping of others.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8860 - Calhoun County Groundwater Conservation District › Subchapter C. Powers and Duties › Section 8860.104. No Eminent Domain Power

Sec. 8860.104.  NO EMINENT DOMAIN POWER.  The district may not exercise the power of eminent domain.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8860 - Calhoun County Groundwater Conservation District › Subchapter D. General Financial Provisions › Section 8860.151. Fees

Sec. 8860.151.  FEES.  (a)  The board by rule may impose a reasonable fee on each well for which a permit is issued by the district and that is not exempt from regulation by the district.  The fee may be based on:
(1)  the size of column pipe used by the well; or
(2)  the actual, authorized, or anticipated amount of water to be withdrawn from the well.
(b)  In addition to a fee imposed under Subsection (a), the district may impose a reasonable fee or surcharge for an export fee using one of the following methods:
(1)  a fee negotiated between the district and the transporter; or
(2)  a combined production and export fee.
(c)  Fees authorized by this section may be assessed annually and may be used to fund the cost of district operations.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.