CHAPTER 8826. BRAZORIA COUNTY GROUNDWATER CONSERVATION DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8826. BRAZORIA COUNTY GROUNDWATER CONSERVATION DISTRICT

Text of effective on April 01, 2011

SUBCHAPTER A. GENERAL PROVISIONS

Text of section effective on April 01, 2011

Sec. 8826.001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "Director" means a board member.

(3) "District" means the Brazoria County Groundwater

Conservation District.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8826.002. NATURE OF DISTRICT. The district is a

groundwater conservation district in Brazoria County created

under and essential to accomplish the purposes of Section 59,

Article XVI, Texas Constitution.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8826.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The

district is created to serve a public use and benefit.

(b) All land and other property included in the district will

benefit from the works and projects accomplished by the district

under the powers conferred by Section 59, Article XVI, Texas

Constitution.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8826.004. DISTRICT TERRITORY. The district's boundaries

are coextensive with the boundaries of Brazoria County, Texas,

unless the district's territory has been modified under:

(1) Subchapter J, Chapter 36, Water Code; or

(2) other law.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

SUBCHAPTER B. BOARD OF DIRECTORS

Text of section effective on April 01, 2011

Sec. 8826.051. COMPOSITION OF BOARD; TERMS. (a) The district

is governed by a board of five directors.

(b) Directors serve staggered four-year terms.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8826.052. ELECTION OF DIRECTORS. (a) Directors are

elected according to the commissioners precinct method as

provided by this section.

(b) One director is elected by the voters of the entire

district. One director is elected from each county commissioners

precinct by the voters of that precinct.

(c) 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.

(d) When the boundaries of the county commissioners precincts

are redrawn under Section 18, Article V, Texas Constitution, a

director in office on the effective date of the change, or

elected or appointed before the effective date of the change to a

term of office beginning on or after the effective date of the

change, shall serve the term or the remainder of the term in the

precinct to which elected or appointed even though the change in

boundaries places the director's residence outside the precinct

for which the director was elected or appointed.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8826.053. ELECTION DATE. On the first Tuesday after the

first Monday in November of each even-numbered year, the

appropriate number of directors shall be elected.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8826.054. ELIGIBILITY. (a) 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.

(b) To be eligible 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, except as provided by Section

8826.052(d).

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

SUBCHAPTER C. POWERS AND DUTIES

Text of section effective on April 01, 2011

Sec. 8826.101. GROUNDWATER CONSERVATION DISTRICT POWERS AND

DUTIES. Except as provided by Section 8826.102, the district has

the rights, powers, privileges, 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 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8826.102. LIMITATIONS ON DISTRICT POWERS. The district may

not:

(1) impose a tax of any type;

(2) exercise the power of eminent domain;

(3) acquire land;

(4) issue or sell bonds; or

(5) purchase, sell, transport, or distribute surface water or

groundwater.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8826.103. WELLS EXEMPT FROM REGULATION. (a) For a new or

existing water well on private property that serves only a

single-family dwelling used only for domestic purposes, the

district may not:

(1) assess or collect a fee of any type; or

(2) require that a meter be placed on the well.

(b) For a new or existing water well used only for agriculture,

as that term is defined by Section 36.001, Water Code, the

district may not:

(1) assess or collect a fee of any type; or

(2) require that a meter be placed on the well.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Text of section effective on April 01, 2011

Sec. 8826.151. FEES. Unless exempt under this chapter or

Chapter 36, Water Code, the board may establish by schedule and

impose:

(1) a production fee under Section 36.205, Water Code;

(2) an export fee for groundwater transferred out of the

district in an amount not to exceed 150 percent of the maximum

wholesale water rate charged by the City of Houston; and

(3) other fees as authorized by Chapter 36, Water Code.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.