CHAPTER 8831. COASTAL PLAINS GROUNDWATER CONSERVATION DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8831. COASTAL PLAINS GROUNDWATER

CONSERVATION DISTRICT

Text of effective on April 01, 2011

SUBCHAPTER A. GENERAL PROVISIONS

Text of section effective on April 01, 2011

Sec. 8831.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a board member.

(3) "District" means the Coastal Plains 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. 8831.002. NATURE OF DISTRICT. The district is a

groundwater conservation district in Matagorda 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. 8831.003. 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. 8831.004. DISTRICT TERRITORY. The district's boundaries

are coextensive with the boundaries of Matagorda 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. 8831.051. COMPOSITION OF BOARD; TERMS. (a) The district

is governed by a board of seven 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. 8831.052. ELECTION OF DIRECTORS. (a) Three directors are

elected by the voters of the entire district. One director is

elected from each county commissioners precinct by the voters of

that precinct. The directors elected from precincts 1-4 occupy

positions 1-4, respectively, on the board. The at-large

directors occupy positions 5-7, respectively, on the board.

(b) A person shall indicate on the application for a place on

the ballot the position on the board for which the person is a

candidate.

(c) At the first election after the county commissioners

precincts are redrawn under Section 18, Article V, Texas

Constitution, each director in office on the effective date of

the change, or elected to a term of office beginning on or after

the effective date of the change, shall serve, unless otherwise

removed as provided by law, in the position to which each was

elected for the entire term to which elected, even though the

change in boundaries places the director's residence outside the

precinct from which the director was 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. 8831.053. ELECTION DATE. Each even-numbered year, the

board shall hold an election in the district on a uniform

election date provided by Section 41.001(a), Election Code, to

elect the appropriate number of directors. If the board changes

the election date, the district shall adjust the terms of office

to conform to the new election date.

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. 8831.054. ELIGIBILITY. (a) To be eligible to be a

candidate for or to serve as a director at large, a person must

be a registered voter of the district.

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

director from a county commissioners precinct, a person must be a

registered voter of that precinct, except as provided by Section

8831.052(c).

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. 8831.055. BOARD VACANCY. (a) The board shall appoint a

replacement to fill a vacancy in the office of director.

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

election.

(c) At that election, a person is elected to fill the position.

If the position is not scheduled to be filled at the 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.

SUBCHAPTER C. POWERS AND DUTIES

Text of section effective on April 01, 2011

Sec. 8831.101. GROUNDWATER CONSERVATION DISTRICT POWERS AND

DUTIES. Except as provided by this chapter, 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. 8831.102. REGIONAL COOPERATION. To provide for uniformity

across districts in addressing the need to achieve a common

approach to managing the underlying aquifer and to ensure that

administration of the district will be cost-effective, the

district shall:

(1) attempt to coordinate meetings with adjacent districts;

(2) encourage sharing of personnel and resources to achieve

administrative cost savings;

(3) study a common approach for collecting and sharing

appropriate data to be used in managing the aquifer;

(4) support cooperation in the investigation of aquifer

contamination; and

(5) include adjacent districts on mailing lists for district

meeting announcements, newsletters, public meetings, and other

scheduled events.

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. 8831.151. DISTRICT REVENUE. To pay the district's

maintenance and operating costs and to pay any bonds issued by

the district, the district may:

(1) impose an ad valorem tax at a rate not to exceed 2.5 cents

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

subject to voter approval;

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

or

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

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

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