CHAPTER 8808. DUVAL COUNTY GROUNDWATER CONSERVATION DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8808. DUVAL COUNTY GROUNDWATER CONSERVATION DISTRICT

For contingent expiration of this chapter, see Sec. 8808.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8808.001. 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 Duval County Groundwater Conservation

District.

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

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

Sec. 8808.002. NATURE OF DISTRICT. The district is a

groundwater conservation district in Duval County created under

and essential to accomplish the purposes of Section 59, Article

XVI, Texas Constitution.

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

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

Sec. 8808.003. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed at a confirmation election held

before September 1, 2009:

(1) the district is dissolved on September 1, 2009, except that:

(A) any debts incurred shall be paid;

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

transferred to Duval 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 on September 1, 2012.

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

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

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

701, Sec. 1, eff. June 15, 2007.

Sec. 8808.004. INITIAL DISTRICT TERRITORY. The initial

boundaries of the district are coextensive with the boundaries of

Duval County, Texas.

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

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

Sec. 8808.005. 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 2005, 79th Leg., Ch.

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

SUBCHAPTER A-1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Sec. 8808.026

Sec. 8808.021. 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 Duval 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 precinct in which the temporary director

resides; and

(2) the county judge of Duval 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 of directors of

the district, the remaining temporary directors shall appoint a

person to fill the vacancy in a manner that meets the

representational requirements of this section.

(c) Temporary directors serve until the earlier of:

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

provided by Section 8808.024; or

(2) the date this chapter expires under Section 8808.003.

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

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

Sec. 8808.022. 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 Duval County

Courthouse.

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

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

Sec. 8808.023. 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)-(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 a confirmation election under this section.

(d) Duval County may pay for any portion of the costs incident

to the district's confirmation election.

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

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

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

701, Sec. 2, eff. June 15, 2007.

Sec. 8808.024. INITIAL DIRECTORS. (a) If creation of the

district is confirmed at an election held under Section 8808.023,

the temporary directors of the district become the initial

directors of the district and serve on the board of directors

until permanent directors are elected under Section 8808.025.

(b) The initial directors for county precincts 2 and 3 serve a

term expiring June 1 following the first regularly scheduled

election of directors under Section 8808.025, and the initial

directors for county precincts 1 and 4 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 2005, 79th Leg., Ch.

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

Sec. 8808.025. 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 8808.024(b), serve a term expiring June 1 following

that election.

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

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

Sec. 8808.026. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2010.

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

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

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8808.051. 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 2005, 79th Leg., Ch.

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

Sec. 8808.052. 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 2005, 79th Leg., Ch.

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

Sec. 8808.053. 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 2005, 79th Leg., Ch.

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

Sec. 8808.054. 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 2005, 79th Leg., Ch.

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

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8808.101. COURT-APPOINTED RECEIVER. The district may serve

as the court-appointed receiver in a matter determined by a court

concerning the disposition of assets of any other district

authorized by Section 52(b)(1) or (2), Article III, or Section

59, Article XVI, Texas Constitution, including a municipal

utility district or a water control and improvement district in

Duval County.

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

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

Sec. 8808.102. POWER TO CONTRACT WITH MUNICIPAL UTILITY

DISTRICTS. The district may enter into a contract with a

municipal utility district in Duval County to assume the

functions of the municipal utility district. A contract under

this section may include provisions for the district's:

(1) assumption of the debts, liabilities, and obligations of the

municipal utility district;

(2) ownership or use of the assets and facilities of the

municipal utility district; and

(3) performance of the functions and services previously

provided by the municipal utility district.

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

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

Sec. 8808.103. RELATION TO OTHER WATER-RELATED ENTITIES. (a)

To the extent that a rule of the district conflicts with a rule

of a water control and improvement district, the rule of the

water control and improvement district controls.

(b) To the extent that a rule of the district conflicts with a

rule of a municipal utility district, the rule of the municipal

utility district controls.

(c) Notwithstanding Subsections (a) and (b), to the extent that

a rule of the district concerning groundwater conflicts with a

rule of a water control and improvement district or a municipal

utility district whose territory is located wholly or partly in

the district's territory, the rule of the district controls.

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

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

SUBCHAPTER D. MERGER WITH WATER CONTROL AND IMPROVEMENT DISTRICT

Sec. 8808.151. DEFINITIONS. In this subchapter:

(1) "Commission" means the Texas Commission on Environmental

Quality.

(2) "Directors" means the board of directors of a water control

and improvement district.

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

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

Sec. 8808.152. AUTHORITY FOR AGREEMENT FOR MERGER; PROVISIONS.

(a) Subject to Sections 8808.153, 8808.154, and 8808.155, the

district may enter into a merger agreement with a water control

and improvement district in Duval County.

(b) The merger agreement must include provisions for:

(1) the district's assumption of the debts, liabilities, and

obligations of the water control and improvement district;

(2) the district's assumption of the ownership of the assets and

facilities of the water control and improvement district;

(3) the assignment to the district of the certificate of public

convenience and necessity obtained by the water control and

improvement district under Subchapter G, Chapter 13, Water Code,

and any right obtained under the certificate;

(4) the district's performance of the functions and services

previously provided by the water control and improvement

district; and

(5) the dissolution of the water control and improvement

district.

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

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

Sec. 8808.153. BOARD AND DIRECTORS APPROVAL OF MERGER AGREEMENT.

Before an election to confirm a proposed merger agreement

described by Section 8808.152 may be held, the board and the

directors must each approve the proposed merger agreement in

accordance with the laws, rules, and procedures applicable to the

district and the water control and improvement district.

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

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

Sec. 8808.154. COMMISSION DETERMINATION OF DISTRICT CAPABILITY

FOR SERVICE. Before an election to confirm a proposed merger

agreement described by Section 8808.152 may be held, the

commission must determine that the district is capable of

rendering adequate and continuous service as required by Section

13.251, Water Code.

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

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

Sec. 8808.155. ELECTION TO CONFIRM MERGER AGREEMENT. (a)

Before a proposed merger agreement described by Section 8808.152

may take effect, the board shall hold an election to confirm the

agreement.

(b) The election must be held on the first authorized uniform

election date after the board and the directors approve the

proposed merger agreement that allows sufficient time for the

board to comply with all applicable provisions of the Election

Code.

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

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

Sec. 8808.156. BALLOTS FOR ELECTION. The ballot for an election

under Section 8808.155 shall read as follows:

"By voting YES on this ballot, you are voting in favor of the

proposed merger agreement between the (name of water control and

improvement district) and the Duval County Groundwater

Conservation District under which the debts, liabilities,

obligations, assets, and facilities of (name of water control and

improvement district) are to be transferred to the district, the

district is to perform the functions and services previously

provided by the (name of water control and improvement district),

and the (name of water control and improvement district) is to be

dissolved. By voting NO on this ballot, you are voting against

the proposed merger agreement."

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

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

Sec. 8808.157. ELECTION RESULTS FOR MERGER WITH WATER CONTROL

AND IMPROVEMENT DISTRICT. (a) If a majority of the voters

voting in an election under Section 8808.155 both in the area of

the water control and improvement district and in the territory

of the district outside that area vote in favor of the ballot

proposition, the proposed merger agreement takes effect.

(b) If a majority of the voters voting in an election under

Section 8808.155 either in the area of the water control and

improvement district or in the territory of the district outside

that area do not vote in favor of the ballot proposition:

(1) the proposed merger agreement does not take effect; and

(2) the board may not hold a subsequent election to confirm a

proposed merger agreement between the same water control and

improvement district and the district before the first

anniversary of the election date.

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

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

Sec. 8808.158. FILING REQUIREMENT. If a proposed merger

agreement is confirmed at an election under Section 8808.155, not

later than the 15th day after the date of the election the board

shall file with the commission and in the deed records of Duval

County a copy of:

(1) the merger agreement;

(2) the resolutions or other actions taken by the board and the

directors approving the merger agreement under Section 8808.153;

and

(3) the election results.

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

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