CHAPTER 8829. COASTAL BEND GROUNDWATER CONSERVATION DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8829. COASTAL BEND GROUNDWATER CONSERVATION DISTRICT

Text of effective on April 01, 2011

SUBCHAPTER A. GENERAL PROVISIONS

Text of section effective on April 01, 2011

Sec. 8829.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a board member.

(3) "District" means the Coastal Bend 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. 8829.002. NATURE OF DISTRICT. The district is a

groundwater conservation district in Wharton 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. 8829.003. 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. 8829.004. DISTRICT TERRITORY. The district's boundaries

are coextensive with the boundaries of Wharton 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.

Text of section effective on April 01, 2011

Sec. 8829.005. DISTRICT NAME CHANGE. The board may change the

district's name when the district annexes territory.

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. 8829.006. CONFLICTS OF LAW. (a) Except as otherwise

provided by this chapter, if there is a conflict between this

chapter and Chapter 36 or 49, Water Code, this chapter controls.

(b) If there is a conflict between Chapters 36 and 49, Water

Code, Chapter 36 controls.

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. 8829.051. COMPOSITION OF BOARD; TERMS. (a) Except as

provided by Section 8829.056(b), 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. 8829.052. ELECTION OF DIRECTORS. (a) Except as provided

by Section 8829.056, this section and Sections 8829.053 and

8829.054 govern the election and qualifications of directors.

(b) Directors are elected according to the commissioners

precinct method as provided by this section.

(c) 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.

(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) At the first election after the county commissioners

precincts are redrawn under Section 18, Article V, Texas

Constitution, a new director is elected from each precinct. The

directors shall draw lots to determine which two directors shall

serve two-year terms and which two directors shall serve

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. 8829.053. ELECTION DATE. (a) The district shall hold an

election in the district to elect directors on the first Tuesday

after the first Monday in November of each even-numbered year.

(b) The district shall hold elections for the directors for:

(1) Precincts 1 and 3 every four years after 2004; and

(2) Precincts 2 and 4 and the district at large every four years

after 2002.

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. 8829.054. QUALIFICATIONS FOR OFFICE. (a) To be qualified

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 a candidate for or to serve as director from a county

commissioners precinct, a person must be a registered voter of

that precinct.

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. 8829.055. BOARD VACANCY. (a) The board shall appoint a

replacement to fill a vacancy in the office of any director.

(b) The appointed replacement serves until the next directors'

election.

(c) If the position is not scheduled to be filled at the next

election, the person elected to fill the position serves only for

the remainder of the unexpired term.

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. 8829.056. COMPOSITION OF BOARD AND ELECTION OF DIRECTORS

FOLLOWING ANNEXATION. (a) If the district annexes territory,

the board of directors of the district by resolution shall adopt

an appropriate and equitable method for:

(1) electing directors for the district;

(2) drawing voting district boundaries if required by the method

adopted; and

(3) maintaining staggered terms for the directors.

(b) If the district annexes territory, the board by resolution

may add one or more directors as provided by Section 36.051,

Water Code.

(c) If the board votes to add a director to represent annexed

territory under Subsection (b), at an election to ratify

annexation under Section 36.328, Water Code, the board may

include on the ballot the names of candidates for director to

represent the annexed territory on the board. A director elected

under this subsection serves until an election is held under

Subsection (d).

(d) A method of electing directors adopted under Subsection (a):

(1) supersedes the method of electing directors provided by

Sections 8829.052-8829.054; and

(2) applies beginning with the election held on the first date

provided by Section 8829.053 that:

(A) occurs after the date the annexation of the territory is

final; and

(B) allows sufficient time to comply with any requirements of

law.

(e) The method of electing directors provided by Sections

8829.052-8829.054 applies until an election is held under

Subsection (d).

(f) To be eligible to be a candidate for or to serve as a

director of the district under this section, a person must:

(1) be a registered voter of the district; and

(2) comply with each requirement stated in a resolution adopted

under Subsection (a).

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. 8829.057. REVISION OF VOTING DISTRICTS. (a) The board may

revise voting districts as necessary or appropriate.

(b) If the board adopts a method for electing directors based on

voting districts, the board shall revise each district after each

federal decennial census to reflect population changes.

(c) When the boundaries of the voting districts are redrawn, a

director serving 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,

serves the term or the remainder of the term in the district to

which elected or appointed even though the change in district

boundaries places the person's residence outside the district for

which the person was elected or appointed.

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. 8829.101. GROUNDWATER CONSERVATION DISTRICT POWERS AND

DUTIES. Except as provided by this chapter, the district has the

rights, powers, duties, privileges, and functions 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. 8829.102. REGIONAL COOPERATION. (a) In recognition of the

need for uniform regional monitoring and regulation of common,

scientifically recognized groundwater sources, and within

designated management areas, the district shall establish rules

that:

(1) require the permitting of each water well that is:

(A) not exempt from permitting by Chapter 36, Water Code; and

(B) capable of producing more than 25,000 gallons each day;

(2) provide for the prevention of waste, as defined by Section

36.001, Water Code;

(3) provide for timely capping or plugging of abandoned wells;

and

(4) require reports to be filed with the district on each new,

nonexempt water well.

(b) A report required under Subsection (a)(4) must include:

(1) the driller's log;

(2) a description of the casing and pumping equipment installed;

(3) the capacity of the well; and

(4) the intended use of the water.

(c) To further regional continuity, the district shall:

(1) seek to participate in at least one coordination meeting

annually with each adjacent district that shares an aquifer with

the district;

(2) coordinate the collection of data with adjacent districts in

a manner designed to achieve uniformity of data quality;

(3) coordinate efforts to monitor water quality with adjacent

districts, local governments, and state agencies;

(4) investigate any groundwater pollution with the intention of

locating its source and report its findings to adjacent districts

and appropriate state agencies;

(5) provide to adjacent districts annually an inventory of new

water wells in the district and an estimate of groundwater

production within the district; and

(6) include adjacent districts on the mailing lists for district

newsletters, seminars, public education events, news articles,

and field days.

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

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

SUBCHAPTER D. FINANCIAL PROVISIONS

Text of section effective on April 01, 2011

Sec. 8829.151. DISTRICT REVENUE. To pay the district's

maintenance and operating costs, the district may:

(1) impose an ad valorem tax at a rate not to exceed five cents

for each $100 of taxable value of property in the district;

(2) assess general production fees;

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

and

(4) assess a transfer fee on water exported from the district.

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

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