CHAPTER 8807. LOWER TRINITY GROUNDWATER CONSERVATION DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8807. LOWER TRINITY GROUNDWATER

CONSERVATION DISTRICT

For contingent expiration of this chapter, see Sec. 8807.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8807.001. 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 Lower Trinity Groundwater Conservation

District.

Added by Acts 2005, 79th Leg., Ch.

863, Sec. 1, eff. June 17, 2005.

Sec. 8807.002. NATURE OF DISTRICT. The district is a

groundwater conservation district in Liberty, Polk, and San

Jacinto Counties created under and essential to accomplish the

purposes of Section 59, Article XVI, Texas Constitution.

Added by Acts 2005, 79th Leg., Ch.

863, Sec. 1, eff. June 17, 2005.

Sec. 8807.003. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed at a confirmation election held

under Section 8807.023 before September 1, 2007:

(1) the district is dissolved on September 1, 2007, except that:

(A) any debts incurred shall be paid;

(B) any assets that remain after the payment of debts shall be

transferred to each county in proportion to the contribution of

money made; 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 on September 1, 2010.

Added by Acts 2005, 79th Leg., Ch.

863, Sec. 1, eff. June 17, 2005.

Sec. 8807.004. INITIAL DISTRICT TERRITORY. (a) Except as

provided by Subsection (b), the initial boundaries of the

district are coextensive with the boundaries of Liberty, Polk,

and San Jacinto Counties.

(b) If the creation of the district is not confirmed by the

voters of a county at an election held under Section 8807.023,

that county is not included in the district.

Added by Acts 2005, 79th Leg., Ch.

863, Sec. 1, eff. June 17, 2005.

Sec. 8807.005. ADDITION OF ADJACENT COUNTY TO DISTRICT. (a) A

county adjoining the district may petition to join the district

by resolution of the county commissioners court.

(b) If, after a hearing on the resolution, the board finds that

the addition of the county would benefit the district and the

county to be added, the board by resolution may approve the

addition of the county to the district.

(c) The addition of a county under this section is not final

until approved by the voters in the county to be added at an

election held for that purpose.

(d) The ballots for the election shall be printed to permit

voting for or against the proposition: "The addition of (county's

name) to the Lower Trinity Groundwater Conservation District."

(e) If a majority of the votes are cast in favor of the addition

of the county to the district, the county is added to the

district, and the district boundaries are adjusted accordingly.

If less than a majority of the votes are cast in favor of the

addition of the county to the district, the county is not added

to the district.

Added by Acts 2005, 79th Leg., Ch.

863, Sec. 1, eff. June 17, 2005.

Sec. 8807.006. 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 2005, 79th Leg., Ch.

863, Sec. 1, eff. June 17, 2005.

SUBCHAPTER A1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Sec. 8807.025

Sec. 8807.021. TEMPORARY DIRECTORS. (a) Not later than the

45th day after the effective date of the Act creating this

chapter, temporary directors shall be appointed in the same

manner as provided by Section 8807.052(a) for permanent

directors.

(b) If the voters of one county do not confirm the creation of

the district under Section 8807.023:

(1) the directors appointed from that county and the director

appointed jointly by the commissioners courts of all three

counties are not eligible to serve as directors of the district;

and

(2) the commissioners courts in the counties in which the

creation of the district is confirmed shall jointly appoint one

additional director to represent the forestry, agricultural, or

landowner groundwater interests of both counties.

(c) If the voters of two counties do not confirm the creation of

the district under Section 8807.023:

(1) the directors appointed from those counties and the director

appointed jointly by the commissioners courts of all three

counties are not eligible to serve as directors of the district;

and

(2) the commissioners court in the county in which the creation

of the district is confirmed shall appoint one additional

director to represent the forestry, agricultural, or landowner

groundwater interests of that county.

(d) If there is a vacancy on the temporary board of directors,

the governing body of each entity that appointed the director who

vacated the office shall appoint a person to fill the vacancy.

(e) Temporary directors serve until the earlier of:

(1) the time the temporary directors become initial directors as

provided by Section 8807.024; or

(2) the date this chapter expires under Section 8807.003.

Added by Acts 2005, 79th Leg., Ch.

863, Sec. 1, eff. June 17, 2005.

Sec. 8807.022. 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 in the district agreeable to a

majority of the directors. If an agreement on location cannot be

reached, the organizational meeting shall be at the Polk County

Courthouse.

Added by Acts 2005, 79th Leg., Ch.

863, Sec. 1, eff. June 17, 2005.

Sec. 8807.023. CONFIRMATION ELECTION. (a) The temporary

directors shall hold an election on the same date in Liberty,

Polk, and San Jacinto Counties to confirm the creation of the

district.

(b) Except as provided by this section, a confirmation election

must be conducted as provided by Sections 36.017, 36.018, and

36.019, Water Code, and by the Election Code. The provision

under Section 36.017(d), Water Code, relating to the election of

permanent directors does not apply to a confirmation election

under this section.

Added by Acts 2005, 79th Leg., Ch.

863, Sec. 1, eff. June 17, 2005.

Sec. 8807.024. INITIAL DIRECTORS. (a) If creation of the

district is confirmed at an election held under Section 8807.023,

the temporary directors of the district become the initial

directors of the district and serve on the board of directors

until permanent directors are appointed under Section 8807.052.

(b) If the district has seven initial directors:

(1) the terms of two initial directors expire December 31, 2006;

(2) the terms of two initial directors expire December 31, 2007;

and

(3) the terms of three initial directors, including the director

who was appointed jointly by the three counties, expire December

31, 2008.

(c) If the district has five initial directors:

(1) the terms of one initial director from each county expire

December 31, 2006;

(2) the terms of one initial director from each county expire

December 31, 2007; and

(3) the term of the initial director appointed jointly by the

two counties expires on December 31, 2008.

(d) If the district has three initial directors, the term of one

director will expire on December 31 in 2006, 2007, and 2008.

(e) The initial directors, excluding the director appointed

jointly by the counties, shall draw lots to determine their

terms.

Added by Acts 2005, 79th Leg., Ch.

863, Sec. 1, eff. June 17, 2005.

Sec. 8807.025. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2010.

Added by Acts 2005, 79th Leg., Ch.

863, Sec. 1, eff. June 17, 2005.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8807.051. GOVERNING BODY. The district is governed by a

board of directors, which initially shall consist of not fewer

than three and not more than seven directors, appointed as

provided by Section 8807.052.

Added by Acts 2005, 79th Leg., Ch.

863, Sec. 1, eff. June 17, 2005.

Sec. 8807.052. APPOINTMENT OF DIRECTORS. (a) If the voters in

Liberty, Polk, and San Jacinto Counties confirm the creation of

the district, seven directors shall be appointed as follows:

(1) the Liberty County Commissioners Court shall appoint one

director to represent the rural water utilities or the forestry

or agricultural groundwater supply interests of the county;

(2) the Polk County Commissioners Court shall appoint one

director to represent the rural water utilities or the large

industrial groundwater supply interests of the county;

(3) the San Jacinto County Commissioners Court shall appoint one

director to represent the rural water utilities or the forestry

or agricultural groundwater supply interests of the county;

(4) the incorporated municipalities of Liberty County shall

jointly appoint one director;

(5) the incorporated municipalities of Polk County shall jointly

appoint one director;

(6) the incorporated municipalities of San Jacinto County shall

jointly appoint one director; and

(7) the commissioners courts of Liberty, Polk, and San Jacinto

Counties shall jointly appoint one director to represent the

forestry, agricultural, or landowner groundwater interests of all

three counties.

(b) If the voters in two counties confirm the creation of the

district, five directors shall be appointed as follows:

(1) the commissioners court in each of those counties shall

appoint a director as provided by Subsection (a);

(2) the incorporated municipalities in each of those counties

shall appoint a director as provided by Subsection (a); and

(3) the commissioners courts of the two counties shall jointly

appoint one director to represent the forestry, agricultural, or

landowner groundwater interests of both counties.

(c) If the voters in only one county confirm the creation of the

district, three directors shall be appointed as follows:

(1) the commissioners court of the county shall appoint a

director as provided by Subsection (a);

(2) the incorporated municipalities in the county shall appoint

a director as provided by Subsection (a); and

(3) the commissioners court of the county shall appoint an

additional director to represent the forestry, agricultural, or

landowner groundwater interests of the county.

Added by Acts 2005, 79th Leg., Ch.

863, Sec. 1, eff. June 17, 2005.

Sec. 8807.053. CHANGE IN COMPOSITION; ADDITIONAL COUNTY. If a

county is added to the district under Section 8807.005, the board

may change the number of directors so that an equal number of

directors is appointed from each county and one director is

appointed jointly by the counties in the district.

Added by Acts 2005, 79th Leg., Ch.

863, Sec. 1, eff. June 17, 2005.

Sec. 8807.054. TERMS. Directors serve staggered three-year

terms.

Added by Acts 2005, 79th Leg., Ch.

863, Sec. 1, eff. June 17, 2005.

Sec. 8807.055. VACANCY; RULES. (a) If there is a vacancy on

the board, the governing body of each entity that appointed the

director who vacated shall appoint a director to serve the

remainder of the term.

(b) The board shall adopt rules to establish when a vacancy has

occurred.

Added by Acts 2005, 79th Leg., Ch.

863, Sec. 1, eff. June 17, 2005.

Sec. 8807.056. PRESIDING OFFICER. The jointly appointed

director under Section 8807.052(a)(7) or (b)(3) or the additional

director appointed under Section 8807.052(c)(3) shall serve as

the presiding officer of the board.

Added by Acts 2005, 79th Leg., Ch.

863, Sec. 1, eff. June 17, 2005.

Sec. 8807.057. QUALIFICATIONS; GROUNDWATER PRODUCER. A person

is not disqualified from serving as a director if that person is

an employee, manager, director, or officer of a groundwater

producer that is or may be regulated by the district.

Added by Acts 2005, 79th Leg., Ch.

863, Sec. 1, eff. June 17, 2005.

Sec. 8807.058. COMPENSATION; REIMBURSEMENT. (a) A director is

not entitled to receive compensation for serving as a director.

(b) A director may receive reimbursement for actual, reasonable

expenses incurred in the discharge of official duties.

Added by Acts 2005, 79th Leg., Ch.

863, Sec. 1, eff. June 17, 2005.

Sec. 8807.059. VOTING REQUIREMENT. A majority vote of a quorum

is required for board action.

Added by Acts 2005, 79th Leg., Ch.

863, Sec. 1, eff. June 17, 2005.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8807.101. PRODUCTION FEES. (a) The district may assess

reasonable fees on each well in the district. The fee:

(1) must be based on the amount of water withdrawn from the

well; and

(2) may not exceed 5 cents per 1,000 gallons of groundwater

withdrawn for any purpose.

(b) This section does not apply to:

(1) a well used exclusively for agriculture, as defined by

Section 36.001, Water Code; or

(2) an exempt well under Section 8807.102.

Added by Acts 2005, 79th Leg., Ch.

863, Sec. 1, eff. June 17, 2005.

Sec. 8807.102. WELLS EXEMPT FROM REGULATION. (a) The district

may not require a permit for a well that is:

(1) used solely for domestic and livestock purposes; and

(2) incapable of producing more than 25,000 gallons of

groundwater a day.

(b) The district may not assess fees on a well that meets the

criteria established under Section 36.117(b), Water Code.

Added by Acts 2005, 79th Leg., Ch.

863, Sec. 1, eff. June 17, 2005.

Sec. 8807.103. TAXES PROHIBITED. The district may not impose a

tax.

Added by Acts 2005, 79th Leg., Ch.

863, Sec. 1, eff. June 17, 2005.

Sec. 8807.104. LIMIT ON ISSUANCE OF BONDS. The district may not

issue any bonds or other obligations that pledge revenue derived

from district taxation.

Added by Acts 2005, 79th Leg., Ch.

863, Sec. 1, eff. June 17, 2005.

Sec. 8807.105. EMINENT DOMAIN. The district may not exercise

the power of eminent domain.

Added by Acts 2005, 79th Leg., Ch.

863, Sec. 1, eff. June 17, 2005.

Sec. 8807.106. LIMIT ON PURCHASE OF GROUNDWATER RIGHTS FOR

CONSERVATION PURPOSES. The district may purchase groundwater

rights only if the purchased rights are acquired for conservation

purposes and are held in trust permanently.

Added by Acts 2005, 79th Leg., Ch.

863, Sec. 1, eff. June 17, 2005.