Law:Title 6. Water And Wastewater. Subtitle H. Districts Governing Groundwater from Chapter 8850. Harrison County Groundwater (Texas)

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Subtitle H. Districts Governing Groundwater

Contents

Chapter 8850. Harrison County Groundwater

CONSERVATION DISTRICT

For contingent expiration of this chapter, see Section 8850.003.


Subchapter A. General Provisions

Section 8850.001.  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 Harrison County Groundwater Conservation District.

Added by Acts 2009, 81st Leg., R.S., Ch. 1208, Sec. 1, eff. June 19, 2009.



Section 8850.002.  Nature Of District.

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

Added by Acts 2009, 81st Leg., R.S., Ch. 1208, Sec. 1, eff. June 19, 2009.



Section 8850.003.  Confirmation Election Required.

If the creation of the district is not confirmed at a confirmation election held under Section 8850.023 before December 31, 2010:

(1)  the district is dissolved December 31, 2010, except that:

(A)  any debts incurred shall be paid;

(B)  any assets that remain after the payment of debts shall be transferred to Harrison County; and

(C)  the organization of the district shall be maintained until all debts are paid and remaining assets are transferred; and

(2)  this chapter expires September 1, 2014.

Added by Acts 2009, 81st Leg., R.S., Ch. 1208, Sec. 1, eff. June 19, 2009.



Section 8850.004.  Initial District Territory.

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

Added by Acts 2009, 81st Leg., R.S., Ch. 1208, Sec. 1, eff. June 19, 2009.



Section 8850.005.  Applicability Of Other Groundwater Conservation District Law.

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

Added by Acts 2009, 81st Leg., R.S., Ch. 1208, Sec. 1, eff. June 19, 2009.



Subchapter A-1. Temporary Provisions

For expiration of this subchapter, see Section 8850.026.


Section 8850.021.  Appointment Of Temporary Directors.

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

(1)  the Harrison County Commissioners Court shall appoint four temporary directors, with one of the temporary directors appointed 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 Harrison County shall appoint one temporary director who resides in the district to represent the district at large.

(b)  Of the temporary directors, at least one director must represent rural water suppliers in the district, one must represent agricultural interests in the district, and one must represent industrial interests in the district.

(c)  If there is a vacancy on the temporary board of directors of the district, the Harrison County Commissioners Court shall appoint a person to fill the vacancy in a manner that meets the representational requirements of this section.

(d)  Temporary directors serve until the earlier of:

(1)  the date initial directors are elected under Section 8850.023; or

(2)  the fourth anniversary of the effective date of the Act creating this chapter.

(e)  If initial directors have not been elected under Section 8850.023 and the terms of the temporary directors have expired, successor temporary directors shall be appointed in the manner provided by Subsections (a) and (b) to serve terms that expire on the date this subchapter expires under Section 8850.026.

Added by Acts 2009, 81st Leg., R.S., Ch. 1208, Sec. 1, eff. June 19, 2009.



Section 8850.022.  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 Harrison County Courthouse.

Added by Acts 2009, 81st Leg., R.S., Ch. 1208, Sec. 1, eff. June 19, 2009.



Section 8850.023.  Confirmation And Initial Directors' Election.

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

(b)  The temporary directors shall have placed on the ballot the names of all candidates for an initial director's position who have filed an application for a place on the ballot as provided by Section 52.003, Election Code.

(c)  The ballot must be printed to provide for voting for or against the proposition:  "The creation of the Harrison County Groundwater Conservation District."

(d)  If the district levies a maintenance tax for payment of expenses, the ballot must be printed to provide for voting for or against the proposition:  "The levy of a maintenance tax at a rate not to exceed 1.5 cents for each $100 of assessed valuation."

(e)  Section 41.001(a), Election Code, does not apply to an election held under this section.

(f)  Except as provided by this section, an election under this section must be conducted as provided by Sections 36.017(b)-(i), Water Code, and the Election Code.  The provision of Section 36.017(d), Water Code, relating to the election of permanent directors does not apply to an election under this section.

Added by Acts 2009, 81st Leg., R.S., Ch. 1208, Sec. 1, eff. June 19, 2009.



Section 8850.024.  Initial Directors. (a)

If creation of the district is confirmed at an election held under Section 8850.023, the directors elected shall take office as initial directors of the district and serve on the board of directors until permanent directors are elected under Section 8850.025 or 8850.053.

(b)  The four initial directors representing the commissioners precincts shall draw lots to determine which two shall serve a term expiring June 1 following the first regularly scheduled election of directors under Section 8850.025, and which two shall serve a term expiring June 1 following the second regularly scheduled election of directors.  The at-large director shall serve a term expiring June 1 following the second regularly scheduled election of directors.

Added by Acts 2009, 81st Leg., R.S., Ch. 1208, Sec. 1, eff. June 19, 2009.



Section 8850.025.  Initial Election Of Permanent Directors.

On the uniform election date prescribed by Section 41.001, Election Code, in May of the first even-numbered year after the year in which the district is authorized to be created at a confirmation election, an election shall be held in the district for the election of two directors to replace the initial directors who, under Section 8850.024(b), serve a term expiring June 1 following that election.

Added by Acts 2009, 81st Leg., R.S., Ch. 1208, Sec. 1, eff. June 19, 2009.



Section 8850.026. 

 EXPIRATION OF

Subchapter

. This subchapter expires September 1, 2014.

Added by Acts 2009, 81st Leg., R.S., Ch. 1208, Sec. 1, eff. June 19, 2009.



Subchapter B. Board Of Directors

Section 8850.051.  Directors; Terms.

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

(b)  Directors serve staggered four-year terms, with two or three directors' terms expiring June 1 of each even-numbered year.

(c)  A director may serve consecutive terms.

Added by Acts 2009, 81st Leg., R.S., Ch. 1208, Sec. 1, eff. June 19, 2009.



Section 8850.052.  Method Of Electing Directors:  Commissioners Precincts.

(a) The directors of the district shall be elected according to the commissioners precinct method as provided by this section.

(b)  One director shall be elected by the voters of the entire district, and one director shall be elected from each county commissioners precinct by the voters of that precinct.

(c)  Except as provided by Subsection (e), to be eligible to be a candidate for or to serve as director at large, a person must be a registered voter in the district.  To be a candidate for or to serve as director from a county commissioners precinct, a person must be a registered voter of that precinct.

(d)  A person shall indicate on the application for a place on the ballot:

(1)  the precinct that the person seeks to represent; or

(2)  that the person seeks to represent the district at large.

(e)  When the boundaries of the county commissioners precincts are redrawn after each federal decennial census to reflect population changes, a director in office on the effective date of the change, or a director elected or appointed before the effective date of the change whose term of office begins on or after the effective date of the change, shall serve in the precinct to which elected or appointed even though the change in boundaries places the person's residence outside the precinct for which the person was elected or appointed.

Added by Acts 2009, 81st Leg., R.S., Ch. 1208, Sec. 1, eff. June 19, 2009.



Section 8850.053.  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 May of each even-numbered year.

Added by Acts 2009, 81st Leg., R.S., Ch. 1208, Sec. 1, eff. June 19, 2009.



Section 8850.054.  Compensation.

(a) Sections 36.060(a), (b), and (d), Water Code, do not apply to the district.

(b)  A director is entitled to receive compensation of not more than $50 a day for each day the director actually spends performing the duties of a director.  The compensation may not exceed $3,000 a year.

(c)  The board may authorize a director to receive reimbursement for the director's reasonable expenses incurred while engaging in activities on behalf of the board.

Added by Acts 2009, 81st Leg., R.S., Ch. 1208, Sec. 1, eff. June 19, 2009.



Section 8850.055.  Board Action.

A majority vote of a quorum is required for board action.  If there is a tie vote, the proposed action fails.

Added by Acts 2009, 81st Leg., R.S., Ch. 1208, Sec. 1, eff. June 19, 2009.



Subchapter C. Powers And Duties

Section 8850.101.  General Powers.

Except as otherwise provided by this chapter, the district has all of the rights, powers, privileges, functions, and duties provided by the general law of this state applicable to groundwater conservation districts created under Section 59, Article XVI, Texas Constitution.

Added by Acts 2009, 81st Leg., R.S., Ch. 1208, Sec. 1, eff. June 19, 2009.



Section 8850.102.  Prohibition On District Purchase, Sale, Transport, Or Distribution Of Water.

The district may not purchase, sell, transport, or distribute surface water or groundwater for any purpose.

Added by Acts 2009, 81st Leg., R.S., Ch. 1208, Sec. 1, eff. June 19, 2009.



Section 8850.103.  Prohibition On District Use Of Eminent Domain Power.

The district may not exercise the power of eminent domain.

Added by Acts 2009, 81st Leg., R.S., Ch. 1208, Sec. 1, eff. June 19, 2009.



Subchapter D. General Financial Provisions

Section 8850.151.  Limitation On Taxes.

The district may not impose ad valorem taxes at a rate that exceeds 1.5 cents on each $100 valuation of taxable property in the district.

Added by Acts 2009, 81st Leg., R.S., Ch. 1208, Sec. 1, eff. June 19, 2009.



Section 8850.152.  Fees.

(a) The board by rule may impose reasonable fees on each well:

(1)  for which a permit is issued by the district; and

(2)  that is not exempt from district regulation.

(b)  A production fee may be based on:

(1)  the size of column pipe used by the well; or

(2)  the amount of water actually withdrawn from the well, or the amount authorized or anticipated to be withdrawn.

(c)  The board shall base the initial production fee on the criteria listed in Subsection (b)(2).  The initial production fee:

(1)  may not exceed:

(A)  25 cents per acre-foot for water used for agricultural irrigation; or

(B)  4.25 cents per thousand gallons for water used for any other purpose; and

(2)  may be increased at a cumulative rate not to exceed three percent per year.

(d)  In addition to the production fee authorized under this section, the district may assess an export fee on groundwater from a well that is produced for transport outside the district.

(e)  Fees authorized by this section may be:

(1)  assessed annually;

(2)  used to pay the cost of district operations; and

(3)  used for any other purpose allowed under Chapter 36, Water Code.

Added by Acts 2009, 81st Leg., R.S., Ch. 1208, Sec. 1, eff. June 19, 2009.



Section 8850.153.  Limitation On Indebtedness.

The district may issue bonds and notes under Subchapter F, Chapter 36, Water Code, except that the total indebtedness created by that issuance may not exceed $500,000 at any time.

Added by Acts 2009, 81st Leg., R.S., Ch. 1208, Sec. 1, eff. June 19, 2009.


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