CHAPTER 8822. LAVACA COUNTY GROUNDWATER CONSERVATION DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8822. LAVACA COUNTY GROUNDWATER

CONSERVATION DISTRICT

For contingent expiration of this chapter, see Section 8822.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8822.001. 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 Lavaca County Groundwater Conservation

District.

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

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

Sec. 8822.002. NATURE OF DISTRICT. The district is a

groundwater conservation district in Lavaca County created under

and essential to accomplish the purposes of Section 59, Article

XVI, Texas Constitution.

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

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

Sec. 8822.003. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed at a confirmation election held

on or before September 1, 2013:

(1) the district is dissolved on September 1, 2013, except that:

(A) any debts incurred shall be paid;

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

transferred to Lavaca 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, 2013.

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

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

Sec. 8822.004. INITIAL DISTRICT TERRITORY. The initial

boundaries of the district are coextensive with the boundaries of

Lavaca County, Texas.

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

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

Sec. 8822.005. 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 2007, 80th Leg., R.S., Ch.

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

Sec. 8822.006. DISTRICT PURPOSE. The district is created to:

(1) provide for the conservation, preservation, protection,

recharging, and prevention of waste of groundwater, and of

groundwater reservoirs or their subdivisions, in the Lavaca

County area; and

(2) control subsidence caused by the withdrawal of water from

the groundwater reservoirs or their subdivisions in the Lavaca

County area.

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

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

SUBCHAPTER A-1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Sec. 8822.026.

Sec. 8822.021. TEMPORARY DIRECTORS. The following individuals

shall serve as temporary directors for the district:

(1) A. J. Cerny, Jr.;

(2) August Etlinger;

(3) J. C. Hermes;

(4) David L. Myers; and

(5) Larry A. Svetlik.

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

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

Sec. 8822.022. 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 Lavaca County

Courthouse.

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

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

Sec. 8822.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.

(a) The temporary directors shall hold an election on the

uniform election date in May 2008 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

name of any candidate who files 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 under

Section 8822.052 may file for an initial director's position.

(c) Except as provided by this chapter, an election under this

section must be conducted as provided by Sections 36.017(b)-(g)

and (i) and 36.059, Water Code, and the Election Code. Sections

36.017(a) and (h), Water Code, do not apply to an election under

this section.

(d) If a majority of the votes cast at the election are not in

favor of creation of the district, the elected directors shall

take office as temporary directors and may hold a subsequent

confirmation election on the uniform election date in May 2010 or

2012.

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

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

Sec. 8822.024. INITIAL DIRECTORS. (a) If creation of the

district is confirmed at an election held under Section 8822.023,

the elected directors shall take office as initial directors of

the district and serve on the board of directors until permanent

directors are elected under Section 8822.025 or 8822.053.

(b) The initial director representing each of the four

commissioners precincts shall draw lots to determine which two

directors shall serve a term expiring June 1 following the first

regularly scheduled election of directors under Section 8822.025,

and which two directors 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 2007, 80th Leg., R.S., Ch.

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

Sec. 8822.025. 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 8822.024(b), serve a term expiring June 1 following

that election.

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

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

Sec. 8822.026. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2013.

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

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

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8822.051. 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 2007, 80th Leg., R.S., Ch.

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

Sec. 8822.052. METHOD OF ELECTING DIRECTORS: COMMISSIONERS

PRECINCTS. (a) Except as provided by Subsection (f), 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.

(f) If territory is added to the district, the board shall

change the method of electing directors as necessary to ensure

that all district voters are fairly represented. A change in the

method of electing directors adopted by the board under this

subsection shall be implemented at the next directors' election

at which the change can be implemented consistently with the

Election Code and federal law.

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

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

Sec. 8822.053. 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 2007, 80th Leg., R.S., Ch.

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

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8822.101. 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 2007, 80th Leg., R.S., Ch.

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

Sec. 8822.102. PROHIBITION ON REQUIRING METERING OF EXEMPT

WELLS. The district may not require meters on wells exempt from

permitting or regulation under Section 36.117, Water Code.

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

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

Sec. 8822.103. NO EMINENT DOMAIN POWER. The district may not

exercise the power of eminent domain.

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

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

Sec. 8822.104. REGISTRATION AND REPORTING REQUIREMENTS FOR

CERTAIN EXEMPT WELLS. The district may adopt rules that require

the owner or operator of a well or class of wells exempt from

permitting under Section 36.117, Water Code, to register the well

with the district and, notwithstanding Section 8822.102, if the

well is not exempt under Section 36.117(b)(1), Water Code, to

report groundwater withdrawals from the well using reasonable and

appropriate reporting methods and frequency.

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

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

Sec. 8822.105. WELL SPACING RULES; EXEMPTIONS. (a) Except as

provided by Subsection (b), the district shall exempt from the

well spacing requirements adopted by the district any well that

is completed on or before the effective date of those

requirements.

(b) The district may provide by rule that a well may lose its

exemption under this section if the well is modified in a manner

that substantially increases the capacity of the well after the

effective date of the well spacing requirements adopted by the

district.

(c) Except as provided by this section, the district may require

any well or class of wells exempt from permitting under Chapter

36, Water Code, to comply with the well spacing requirements

adopted by the district. The district shall apply well spacing

requirements uniformly to any well or class of wells based on the

size or capacity of the well and without regard to the type of

use of the groundwater produced by the well.

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

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

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8822.151. LIMITATION ON TAXES. The district may not impose

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

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