CHAPTER 8817. SAN PATRICIO COUNTY GROUNDWATER CONSERVATION DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8817. SAN PATRICIO COUNTY GROUNDWATER

CONSERVATION DISTRICT

For contingent expiration of this chapter, see Sec. 8817.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8817.001. 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 San Patricio County Groundwater

Conservation District.

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

1178, Sec. 1, eff. June 18, 2005.

Sec. 8817.002. NATURE OF DISTRICT. The district is a

groundwater conservation district in San Patricio County created

under and essential to accomplish the purposes of Section 59,

Article XVI, Texas Constitution.

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

1178, Sec. 1, eff. June 18, 2005.

Sec. 8817.003. 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 San Patricio 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.

1178, Sec. 1, eff. June 18, 2005.

Sec. 8817.004. INITIAL DISTRICT TERRITORY. The initial

boundaries of the district are coextensive with the boundaries of

San Patricio County, Texas.

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

1178, Sec. 1, eff. June 18, 2005.

Sec. 8817.005. 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.

1178, Sec. 1, eff. June 18, 2005.

Sec. 8817.006. CREATION OF AQUIFER STORAGE AND RECOVERY

CONSERVATION DISTRICTS IN SAN PATRICIO COUNTY. (a) This chapter

does not preclude the creation of an aquifer storage and recovery

conservation district in San Patricio County.

(b) The district may not limit or restrict an aquifer storage

and recovery conservation district from recovering water stored

by the aquifer storage and recovery conservation district in a

municipal aquifer storage area located in the district.

(c) To the extent that the boundaries of the aquifer storage and

recovery conservation district and the district overlap, the

power and authority of the two districts are joint and

coextensive.

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

1178, Sec. 1, eff. June 18, 2005.

SUBCHAPTER A-1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Sec. 8817.024

Sec. 8817.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a) Not

later than the 30th day after the effective date of the Act

creating this chapter, the San Patricio County Commissioners

Court shall appoint five temporary directors and enter the

appointments in the minutes of the court.

(b) If a temporary director fails to qualify for office or if

there is a vacancy on the temporary board of directors of the

district, the county commissioners shall appoint a person to fill

the vacancy.

(c) Temporary directors serve until the earlier of:

(1) the time initial directors are elected as provided by

Section 8817.022; or

(2) the date this chapter expires under Section 8817.003.

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

1178, Sec. 1, eff. June 18, 2005.

Sec. 8817.022. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.

(a) The temporary directors shall hold an election to confirm

the creation of the district and elect seven initial directors.

(b) At the confirmation and initial directors' election, the

temporary directors shall have placed on the ballot the name of

any candidate filing for an initial director's position and blank

spaces to write in the names of other persons. A temporary

director who is eligible to be a candidate may file for an

initial director's position.

(c) Section 41.001(a), Election Code, does not apply to a

confirmation election held as provided by this section.

(d) 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.

(e) If the district is confirmed at the election, the temporary

directors, at the time the vote is canvassed, shall declare the

qualified person who receives the most votes for each position to

be elected as an initial director for that position and shall

include the results of the initial directors' election in the

district's election report to the Texas Commission on

Environmental Quality.

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

1178, Sec. 1, eff. June 18, 2005.

Sec. 8817.023. FIRST ELECTION OF PERMANENT DIRECTORS. On the

first uniform election date prescribed by Section 41.001,

Election Code, in November of an even-numbered year that is at

least six months after the date on which the district is

authorized to be created at a confirmation election, an election

shall be held in the district for the election of three permanent

directors to serve a term expiring November 15 following the

first election under Section 8817.052 and four permanent

directors to serve a term expiring November 15 following the

second election under that section.

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

1178, Sec. 1, eff. June 18, 2005.

Sec. 8817.024. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2010.

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

1178, Sec. 1, eff. June 18, 2005.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8817.051. DIRECTORS; TERMS. (a) The district is governed

by a board of seven directors.

(b) Directors serve staggered four-year terms, with three or

four directors' terms expiring November 15 of each even-numbered

year.

(c) Newly elected permanent directors take office at the first

regular meeting of the board after the vote is canvassed.

(d) The board shall adopt rules and procedures for the

appointment of a permanent director to fill a vacancy or to

complete an unexpired term.

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

1178, Sec. 1, eff. June 18, 2005.

Sec. 8817.052. 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 November of each even-numbered year.

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

1178, Sec. 1, eff. June 18, 2005.

Sec. 8817.053. METHOD OF ELECTING DIRECTORS: JUSTICE OF THE

PEACE PRECINCTS. (a) The directors of the district shall be

elected according to the 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 justice of

the peace 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 justice of the peace 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 justice of the peace 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 2007, 80th Leg., R.S., Ch.

590, Sec. 1, eff. June 16, 2007.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8817.101. GENERAL POWERS AND DUTIES. Except as provided by

Section 8817.006, the district has all of the rights, powers,

privileges, authority, functions, and duties provided by the

general law of this state, including Chapter 36, Water Code,

applicable to groundwater conservation districts created under

Section 59, Article XVI, Texas Constitution.

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

1178, Sec. 1, eff. June 18, 2005.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8817.151. LIMITATION ON TAXES. The district may not levy

ad valorem taxes at a rate that exceeds five cents on each $100

of assessed valuation of taxable property in the district.

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

1178, Sec. 1, eff. June 18, 2005.