Law:Title 6. Water And Wastewater. Subtitle H. Districts Governing Groundwater from Chapter 8823. Tablerock Groundwater Conservation District (Texas)

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Subtitle H. Districts Governing Groundwater

Contents

Chapter 8823. Tablerock Groundwater Conservation District

For contingent expiration of this chapter, see Sec. 8823.003

Subchapter A. General Provisions

Section 8823.001.  Definitions.

  In this chapter:

(1)  "Board" means the district's board of directors.

(2)  "Director" means a board member.

(3)  "District" means the Tablerock Groundwater Conservation District.

Added by Acts 2007, 80th Leg., R.S., Ch. 1430, Sec. 11.01, eff. June 16, 2007.


Section 8823.002.  Nature Of District. 

 The district is a groundwater conservation district in Coryell County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

Added by Acts 2007, 80th Leg., R.S., Ch. 1430, Sec. 11.01, eff. June 16, 2007.


For expiration of this section, see Subsection (b).

Section 8823.003.  Confirmation Election Required.

  (a)  If the creation of the district is not confirmed at a confirmation election held before September 1, 2012:

(1)  the district is dissolved on September 1, 2012, except that the district shall:

(A)  pay any debts incurred;

(B)  transfer to Coryell 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, 2012.

(b)  This section expires September 1, 2012.

Added by Acts 2007, 80th Leg., R.S., Ch. 1430, Sec. 11.01, eff. June 16, 2007.


Section 8823.004.  Initial District Territory. 

 The initial boundaries of the district are coextensive with the boundaries of Coryell County, Texas.

Added by Acts 2007, 80th Leg., R.S., Ch. 1430, Sec. 11.01, eff. June 16, 2007.


Section 8823.005.  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 2007, 80th Leg., R.S., Ch. 1430, Sec. 11.01, eff. June 16, 2007.


Section 8823.006.  Applicability Of Other Groundwater Conservation District Law. 

 Except as otherwise provided by this chapter, Chapter 36, Water Code, applies to the district.

Added by Acts 2007, 80th Leg., R.S., Ch. 1430, Sec. 11.01, eff. June 16, 2007.


Subchapter A-1. Temporary Provisions

For expiration of this subchapter, see Sec. 8823.026.

Section 8823.021.  Appointment Of Temporary Directors.

  (a)  Not later than the 45th day after the effective date of this chapter, five temporary directors shall be appointed as follows:

(1)  the Coryell County Commissioners Court shall appoint one temporary director from each of the four commissioners precincts in the county to represent the precincts in which the temporary directors reside; and

(2)  the county judge of Coryell County shall appoint one temporary director who resides in the district to represent the district at large.

(b)  If there is a vacancy on the temporary board, the authority who appointed the temporary director whose position is vacant shall appoint a person to fill the vacancy.

(c)  Temporary directors serve until the earlier of:

(1)  the time the temporary directors become initial directors as provided by Section 8823.024; or

(2)  the date this chapter expires under Section 8823.003.

Added by Acts 2007, 80th Leg., R.S., Ch. 1430, Sec. 11.01, eff. June 16, 2007.


Section 8823.022.  Organizational Meeting Of Temporary Directors. 

 As soon as practicable after all the temporary directors have qualified under Section 36.055, Water Code, a majority of the temporary directors shall convene the organizational meeting of the district at a location within the district agreeable to a majority of the directors.  If an agreement on location cannot be reached, the organizational meeting shall be at the Coryell County Courthouse.

Added by Acts 2007, 80th Leg., R.S., Ch. 1430, Sec. 11.01, eff. June 16, 2007.


Section 8823.023.  Confirmation Election. 

 (a)  The temporary directors shall hold an election to confirm the creation of the district.

(b)  Section 41.001(a), Election Code, does not apply to a confirmation election held as provided by this section.

(c)  Except as provided by this section, a confirmation election must be conducted as provided by Sections 36.017(b), (c), and (e)-(i), Water Code, and the Election Code.  Section 36.017(d), Water Code, does not apply to the confirmation election.

(d)  The ballot for the election must be printed in accordance with the Election Code and provide for voting for or against the proposition:  "The creation of the Tablerock Groundwater Conservation District and the imposition of a maintenance tax at a rate not to exceed two cents on each $100 of assessed valuation of taxable property in the district."

(e)  If a majority of the votes cast at the election are not in favor of the creation of the district, the temporary directors may hold a subsequent confirmation election.  The subsequent election may not be held before the first anniversary of the date on which the previous election was held.

(f)  The district may not impose a maintenance tax unless a majority of the votes cast at the election are in favor of the imposition of the maintenance tax.

Added by Acts 2007, 80th Leg., R.S., Ch. 1430, Sec. 11.01, eff. June 16, 2007.


Section 8823.024.  Initial Directors. 

 (a)  If creation of the district is confirmed at an election held under Section 8823.023, the temporary directors become the initial directors and serve for the terms provided by Subsection (b).

(b)  The initial directors representing commissioners precincts 2 and 4 serve until the election of directors under Section 8823.025, and the initial directors representing commissioners precincts 1 and 3 and the at-large director serve until the next regularly scheduled election of directors under Section 8823.053.

Added by Acts 2007, 80th Leg., R.S., Ch. 1430, Sec. 11.01, eff. June 16, 2007.


Section 8823.025.  Initial Election Of Directors. 

 On the uniform election date in November of the first even-numbered year after the year in which the creation of the district is confirmed at an election held under Section 8823.023, the district shall hold an election of two directors to replace the initial directors who, under Section 8823.024(b), serve until that election.

Added by Acts 2007, 80th Leg., R.S., Ch. 1430, Sec. 11.01, eff. June 16, 2007.


Section 8823.026.  Expiratio

N OF

Subchapter .  This Subchapter Expires September 1, 2012.

Added by Acts 2007, 80th Leg., R.S., Ch. 1430, Sec. 11.01, eff. June 16, 2007.


Subchapter B. Board Of Directors

Section 8823.051.  Directors; Terms. 

 (a)  The district is governed by a board of five directors.

(b)  Directors serve staggered four-year terms.

Added by Acts 2007, 80th Leg., R.S., Ch. 1430, Sec. 11.01, eff. June 16, 2007.


Section 8823.052.  Method Of Electing Directors. 

 One director is elected from each county commissioners precinct in Coryell County and one director is elected at large.

Added by Acts 2007, 80th Leg., R.S., Ch. 1430, Sec. 11.01, eff. June 16, 2007.


Section 8823.053.  Election Date. 

 The district shall hold an election in the district to elect directors on the uniform election date in November of each even-numbered year.

Added by Acts 2007, 80th Leg., R.S., Ch. 1430, Sec. 11.01, eff. June 16, 2007.


Section 8823.054.  Qualifications For Election. 

 (a)  To be qualified for election as a director, a person must reside in the district.

(b)  To be qualified for election as a director from a precinct, a person must reside in that precinct.

Added by Acts 2007, 80th Leg., R.S., Ch. 1430, Sec. 11.01, eff. June 16, 2007.


Subchapter C. Powers And Duties

Section 8823.101.  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, and Section 59, Article XVI, Texas Constitution, applicable to groundwater conservation districts.

Added by Acts 2007, 80th Leg., R.S., Ch. 1430, Sec. 11.01, eff. June 16, 2007.


Section 8823.102.  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, if the well is not exempt under Section 36.117(b)(1), Water Code, to report groundwater withdrawals from the well using reasonable and appropriate reporting methods and frequency.

Added by Acts 2007, 80th Leg., R.S., Ch. 1430, Sec. 11.01, eff. June 16, 2007.


Section 8823.103.  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 may provide by rule 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, 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 2007, 80th Leg., R.S., Ch. 1430, Sec. 11.01, eff. June 16, 2007.


Section 8823.104.  Adoption Of Rules And Issuance Of Permits. 

 Before the district adopts a management plan, the district may adopt rules and issue permits.

Added by Acts 2007, 80th Leg., R.S., Ch. 1430, Sec. 11.01, eff. June 16, 2007.


Section 8823.105.  Contracts With Other Governmental Entities. 

 (a)  The district and another governmental entity, including a river authority located in the district, may contract for the performance by that entity of a district function.

(b)  The district may accept a loan from Coryell County to pay for any initial costs of the district, including costs related to a confirmation election.

Added by Acts 2007, 80th Leg., R.S., Ch. 1430, Sec. 11.01, eff. June 16, 2007.


Section 8823.106.  No Eminent Domain Power. 

 The district may not exercise the power of eminent domain.

Added by Acts 2007, 80th Leg., R.S., Ch. 1430, Sec. 11.01, eff. June 16, 2007.


Section 8823.107.  District Territory Requirements; Dissolution Of District. 

 (a)  On September 1, 2011, the district boundaries must include at least one county adjacent to Coryell County.

(b)  As soon as practicable after September 1, 2011, the Texas Commission on Environmental Quality shall determine whether the district complies with Subsection (a).

(c)  If the Texas Commission on Environmental Quality determines that the district does not comply with Subsection (a), the commission shall dissolve the district in accordance with Sections 36.304, 36.305, 36.307, 36.308, 36.309, and 36.310, Water Code, regardless of whether the district meets the criteria for dissolution under Section 36.304(a), Water Code.

(d)  This section expires September 1, 2013.

Added by Acts 2007, 80th Leg., R.S., Ch. 1430, Sec. 11.01, eff. June 16, 2007.


Subchapter D. General Financial Provisions

Section 8823.151.  Revenue.

  To pay the maintenance and operating costs of the district and to pay any bonds or notes issued by the district, the district may:

(1)  impose an ad valorem tax at a rate that:

(A)  is approved by a majority of district voters voting at an election held for that purpose; and

(B)  does not exceed two cents on each $100 of assessed valuation of taxable property in the district;

(2)  assess fees for services or for water withdrawn from nonexempt wells; or

(3)  solicit and accept grants from any private or public source.

Added by Acts 2007, 80th Leg., R.S., Ch. 1430, Sec. 11.01, eff. June 16, 2007.


Subchapter E. Dissolution

Section 8823.201.  Election For Dissolution. 

 (a)  If the district has no outstanding bond or other long-term indebtedness, the district may be dissolved by a favorable vote of a majority of the registered voters of the district at an election held for that purpose.

(b)  The board shall hold a dissolution election if the board receives a petition for dissolution signed by at least 50 percent of the registered voters in the district as computed by using the list of registered voters for Coryell County.

(c)  If the district is dissolved under this section, the board shall:

(1)  notify the Texas Commission on Environmental Quality and the secretary of state of the dissolution; and

(2)  transfer title to any assets of the district to Coryell County.

Added by Acts 2007, 80th Leg., R.S., Ch. 1430, Sec. 11.01, eff. June 16, 2007.


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