CHAPTER 8810. CENTRAL TEXAS GROUNDWATER CONSERVATION DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8810. CENTRAL TEXAS GROUNDWATER

CONSERVATION DISTRICT

For contingent expiration of this chapter, see Sec. 8810.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8810.001. 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 Central Texas Groundwater Conservation

District.

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

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

Sec. 8810.002. NATURE OF DISTRICT. The district is a

groundwater conservation district in Burnet County created under

and essential to accomplish the purposes of Section 59, Article

XVI, Texas Constitution.

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

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

Sec. 8810.003. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed at a confirmation election held

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 Burnet 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, 2010.

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

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

Sec. 8810.004. INITIAL DISTRICT TERRITORY. The initial

boundaries of the district are coextensive with the boundaries of

Burnet County, Texas.

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

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

Sec. 8810.005. 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 2005, 79th Leg., Ch.

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

Sec. 8810.006. 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.

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

SUBCHAPTER A-1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Sec. 8810.026

Sec. 8810.021. 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 Burnet 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 Burnet 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 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 8810.024; or

(2) the date this chapter expires under Section 8810.003.

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

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

Sec. 8810.022. 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 Burnet County

Courthouse.

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

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

Sec. 8810.023. 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. Section 36.017(d), Water Code, does

not apply to a confirmation election under this section.

(d) The ballot for the election must be printed to provide for

voting for or against the proposition: "The creation of the

Central Texas Groundwater Conservation District and the

imposition of a maintenance tax at an initial rate not to exceed

two cents for each $100 of assessed valuation."

(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 call and 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 the tax

is confirmed under this section.

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

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

Sec. 8810.024. INITIAL DIRECTORS. (a) If creation of the

district is confirmed at an election held under Section 8810.023,

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 8810.025.

(b) The initial directors representing commissioners precincts 2

and 4 shall serve a term expiring June 1 following the first

regularly scheduled election of directors under Section 8810.025,

and the initial directors representing commissioners precincts 1

and 3 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 2005, 79th Leg., Ch.

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

Sec. 8810.025. 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 8810.024(b), serve a term expiring June 1 following

that election.

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

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

Sec. 8810.026. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2010.

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

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

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8810.051. 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.

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

Sec. 8810.052. 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.

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

Sec. 8810.053. 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.

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

Sec. 8810.054. DIVISION OF MUNICIPALITY. The provision in

Section 36.059(b), Water Code, concerning the division of a

municipal corporation among precincts does not apply to an

election under this chapter.

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

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

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8810.101. PERMIT CONSIDERATION. Before granting or denying

a permit under Section 36.113, Water Code, the district shall

consider if the proposed use of water unreasonably affects

surrounding landowners.

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

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

Sec. 8810.102. PERMITS FOR CERTAIN ACTIVITIES; APPLICABLE RULES.

(a) The district may require a permit for any activity that

extracts groundwater or allows more than 25,000 gallons of

groundwater a day to escape.

(b) If a permit is required under Subsection (a), the permit

holder is subject to rules adopted by the district to:

(1) conserve, preserve, protect, and recharge the groundwater or

a groundwater reservoir or its subdivisions to control

subsidence, prevent degradation of groundwater quality, and

prevent waste of groundwater; and

(2) carry out any other power or duty under Chapter 36, Water

Code.

(c) To the extent of a conflict, this section controls over

Section 36.117(b), Water Code.

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

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

Sec. 8810.103. IMPACT OF TRANSFER. (a) If the district finds

that a transfer of groundwater out of the district negatively

impacts any of the factors described by Section 36.122(f), Water

Code, the district may impose additional requirements or

limitations on the permit that are designed to minimize those

impacts.

(b) Sections 36.122(c), (e), (i), and (j), Water Code, do not

apply to a requirement or limitation imposed under this section.

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

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

Sec. 8810.104. CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES. The

district and another governmental entity, including a river

authority located in the district, may enter into a contract for

the performance by that entity of a district function.

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

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

Sec. 8810.105. REVENUE. (a) 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 ad valorem taxes at a rate not to exceed five cents

on each $100 of assessed valuation of taxable property;

(2) assess fees for services or for water withdrawn from

nonexempt wells; or

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

(b) The district may not impose ad valorem taxes to pay the

maintenance and operating costs of the district at a rate that

exceeds the maximum rate approved by a majority of the voters of

the district voting at an election in the district held for that

purpose.

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

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

Sec. 8810.106. PROHIBITION ON DISTRICT USE OF EMINENT DOMAIN

POWERS. The district may not exercise the power of eminent

domain.

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

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

SUBCHAPTER D. DISSOLUTION

Sec. 8810.151. 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 called for

that purpose.

(b) The board shall call 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 Burnet 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 Burnet

County.

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

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