CHAPTER 8834. FORT BEND SUBSIDENCE DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8834. FORT BEND SUBSIDENCE DISTRICT

Text of effective on April 01, 2011

SUBCHAPTER A. GENERAL PROVISIONS

Text of section effective on April 01, 2011

Sec. 8834.001. DEFINITIONS. In this chapter:

(1) "Beneficial use" means any use that is useful or beneficial

to the user, including:

(A) an agricultural, gardening, domestic, stock raising,

municipal, mining, manufacturing, industrial, commercial, or

recreational use, or a use for pleasure purposes; or

(B) exploring for, producing, handling, or treating oil, gas,

sulfur, or other minerals.

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

(3) "Commission" means the Texas Commission on Environmental

Quality.

(4) "District" means the Fort Bend Subsidence District.

(5) "Groundwater" means water existing below the earth's surface

in the district. The term does not include water produced with

oil in the production of oil and gas.

(6) "Subsidence" means the lowering in elevation of the surface

of land by groundwater withdrawal.

(7) "Waste" means:

(A) groundwater withdrawal from a groundwater reservoir at a

rate and in an amount that causes or threatens to cause intrusion

into the reservoir of water unsuitable for agricultural,

gardening, domestic, or stock raising purposes;

(B) groundwater withdrawal from a groundwater reservoir through

a well if the water withdrawn is not used for a beneficial use or

if the amount used is more than is reasonably required for a

beneficial use;

(C) escape of groundwater from a groundwater reservoir to any

other reservoir or geologic strata that does not contain

groundwater;

(D) pollution or harmful alteration of groundwater in a

groundwater reservoir by saltwater or other harmful matter

admitted from another stratum or from the surface of the ground;

(E) unless the discharge is authorized by a permit, rule, or

order issued by the commission under Chapter 26, Water Code,

wilfully or negligently causing, suffering, or allowing

groundwater to escape or flow:

(i) into a river, creek, natural watercourse, depression, lake,

reservoir, drain, sewer, street, highway, road, or road ditch; or

(ii) onto land that does not belong to the owner of the well;

(F) unless the occupant of the land receiving the discharge

granted permission for the discharge, the escape of groundwater

pumped for irrigation as irrigation tailwater onto land that does

not belong to the owner of the well; or

(G) wilfully causing or knowingly permitting the water withdrawn

from an artesian well to run off the owner's land or to percolate

through the stratum above which the water is found, as prescribed

by Section 11.205, Water Code.

(8) "Well" means a facility, device, or method used to withdraw

groundwater.

(9) "Withdrawal" means the act of extracting by pumping or

another method.

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. 8834.002. NATURE OF DISTRICT. The district is:

(1) a conservation and reclamation district created under

Section 59, Article XVI, Texas Constitution; and

(2) a political subdivision of the state.

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. 8834.003. PURPOSE; LEGISLATIVE INTENT. (a) The purpose of

this chapter is to provide for the regulation of groundwater

withdrawal in the district to prevent subsidence, which

contributes to or precipitates flooding or overflow in the

district, including rising water resulting from a storm or

hurricane.

(b) The legislature intends that the district administer and

enforce this chapter and exercise the district's rights, powers,

and duties in a manner that will effectively and expeditiously

accomplish the purposes of this chapter.

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. 8834.004. FINDINGS OF PUBLIC USE AND BENEFIT. The district

is created to serve a public use and benefit.

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. 8834.005. DISTRICT TERRITORY. The district includes the

territory in Fort Bend County unless the district's territory has

been modified under 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. 8834.006. CERTAIN OTHER STATUTES INAPPLICABLE. Other laws

governing the administration or operation of a conservation and

reclamation district created under Section 52, Article III, or

Section 59, Article XVI, Texas Constitution, including Chapters

36 and 49, Water Code, do not apply to the district.

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

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

SUBCHAPTER B. DISTRICT ADMINISTRATION

Text of section effective on April 01, 2011

Sec. 8834.051. DIRECTORS. (a) The district is governed by a

board of 13 directors appointed as provided by this section.

(b) Directors serve two-year terms.

(c) A director must be a qualified voter of the district.

(d) The persons designated by Subsections (e), (f), and (g)

shall appoint directors in January to fill vacancies caused by

the expiration of directors' terms. The district shall mail

notice regarding the necessity of an appointment to the persons

designated by Subsections (e), (f), and (g) not later than the

20th day before the date of the board's January meeting.

(e) The mayor of each of the following municipalities shall

appoint a director from the mayor's respective municipality:

(1) Houston;

(2) Missouri City;

(3) Stafford;

(4) Sugar Land;

(5) Rosenberg; and

(6) Richmond.

(f) The Commissioners Court of Fort Bend County shall appoint:

(1) two directors who represent agricultural interests and live

in an unincorporated area;

(2) two directors who represent industrial interests; and

(3) two directors who represent business interests.

(g) The mayors of Fort Bend County municipalities other than

those listed in Subsection (e) shall appoint one director

jointly.

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. 8834.052. BOARD POWERS AND DUTIES. (a) The board has all

powers necessary or convenient to carry out its responsibilities

and accomplish the purpose of this chapter, whether the powers

are specifically authorized by this chapter or are implied by

this chapter or other law.

(b) The board shall administer this chapter as provided by

Section 8834.003.

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. 8834.053. OFFICIAL BOARD ACTIONS. The affirmative vote of

a majority of the directors is required for any official board

action.

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. 8834.054. DIRECTOR'S BOND. (a) A director shall execute a

bond that is:

(1) for $5,000;

(2) payable to the district; and

(3) conditioned on the faithful performance of the director's

duties.

(b) The district shall pay for the bond.

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. 8834.055. OFFICERS. (a) Each year, at the first meeting

after the new directors take office, the directors shall select a

president, a vice president, and a secretary.

(b) An officer selected under Subsection (a) serves at the will

of the board and may be removed and replaced by a majority of the

board at any time.

(c) The president shall preside over meetings of the board. If

the president is not present, the vice president shall preside.

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. 8834.056. MEETINGS. (a) The board shall hold one regular

meeting each month at a time set by the board.

(b) The board may hold a special meeting at the call of the

president or on the written request of at least three directors.

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. 8834.057. APPLICABILITY OF OPEN MEETINGS LAW. (a) The

board shall give notice of board meetings as provided by Chapter

551, Government Code. Failure to provide notice of a regular

meeting or an insubstantial defect in notice of any meeting does

not affect the validity of any action taken at the meeting.

(b) A meeting of a committee of the board is not subject to

Chapter 551, Government Code, if less than a quorum is present at

the meeting.

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. 8834.058. COMPENSATION AND REIMBURSEMENT OF DIRECTORS. (a)

A director is entitled to receive fees of office of not more

than $150 a day for each day the director is engaged in the

exercise of the director's duties. The fees of office may not

exceed $9,000 a year.

(b) A director is entitled to receive reimbursement for actual

expenses reasonably and necessarily incurred in the exercise of

the director's duties under this chapter.

(c) To receive fees of office and reimbursement for expenses, a

director must file with the district a verified statement that:

(1) shows the number of days spent in the service of the

district; and

(2) provides a general description of the duties performed for

each day of service.

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. 8834.059. VACANCIES. If a vacancy occurs on the board, the

person or persons designated by Section 8834.051 to appoint a

director for the position that is vacated shall appoint a

director to serve 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. 8834.060. DISTRICT POLICIES. The board shall adopt the

following written policies:

(1) a code of ethics for district directors, officers, and

employees and for persons engaged in handling investments for the

district;

(2) a policy relating to travel expenditures;

(3) a policy relating to district investments;

(4) policies and procedures for the selection, monitoring, or

review and evaluation of professional services; and

(5) policies that ensure a better use of management information,

including the use of:

(A) budgets to plan and control cost; and

(B) uniform reporting requirements based on "Audits of State and

Local Governmental Units," published by the American Institute of

Certified Public Accountants, and "Governmental Accounting and

Financial Reporting Standards," published by the Governmental

Accounting Standards Board.

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. 8834.061. GENERAL MANAGER. (a) The board may employ a

general manager to serve as the chief administrative officer of

the district. The district may contract with any person to

perform the general manager's duties.

(b) The board may delegate to the general manager the authority

to manage and operate the affairs of the district subject only to

orders of the board.

(c) The duties of the general manager include:

(1) administering board orders;

(2) coordinating with state, federal, and local agencies;

(3) supervising development of district plans and programs;

(4) preparing and submitting the annual budget to the board; and

(5) performing other duties assigned by the board.

(d) The general manager shall execute a bond that is:

(1) in an amount set by the board;

(2) payable to the district; and

(3) conditioned on the general manager's faithful performance of

the general manager's duties.

(e) The district shall pay for the bond described under

Subsection (d).

(f) The board shall determine the compensation and terms of

office and employment for the general manager.

(g) The board by a vote of a majority of board members may

discharge the general manager.

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. 8834.062. PERSONNEL. (a) The general manager shall employ

personnel necessary to properly handle district business and

operation. The general manager may employ attorneys,

bookkeepers, engineers, and other expert and specialized

personnel considered necessary.

(b) The general manager shall determine the compensation paid to

district employees.

(c) The general manager may discharge a district employee.

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. 8834.063. BENEFITS. (a) The board may provide for and

administer retirement, disability, and death compensation funds

for the employees of the district.

(b) The board may:

(1) establish a public retirement system as provided by Chapter

810, Government Code; or

(2) provide for a deferred compensation plan as described by

Section 457, Internal Revenue Code of 1986.

(c) The board may:

(1) include hospitalization and medical benefits for district

employees as part of the compensation paid to the employees; and

(2) adopt or amend a plan or rule as necessary to provide the

benefits described by Subdivision (1).

(d) The board may establish a sick leave pool for district

employees in the manner provided for state employees by

Subchapter A, Chapter 661, Government Code.

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. 8834.064. BOND FOR EMPLOYEE RESPONSIBLE FOR MONEY. (a)

The board shall require an employee who collects, pays, or

handles district money to provide a good and sufficient bond that

is:

(1) in an amount sufficient to safeguard the district;

(2) payable to the district; and

(3) conditioned on:

(A) the faithful performance of the employee's duties; and

(B) accounting for all district money and property under the

employee's control.

(b) The district shall pay for the bond.

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. 8834.065. DISTRICT OFFICE. The board shall maintain its

principal office in the district for conducting district

business. The office must be in the 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. 8834.066. MAINTENANCE OF RECORDS; PUBLIC INSPECTION. (a)

The district shall:

(1) keep a complete account of board meetings and proceedings;

and

(2) maintain in a safe place the board's minutes, contracts,

records, notices, accounts, and receipts.

(b) The board's minutes, contracts, records, notices, accounts,

and receipts are:

(1) the property of the district; and

(2) subject to public inspection.

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. 8834.067. SEAL. The board shall adopt a seal.

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. 8834.101. DISTRICT PLAN. (a) The board shall formulate a

plan to control and mitigate subsidence in the district.

(b) The plan must:

(1) regulate groundwater withdrawals to maintain sufficient

artesian pressure to control and mitigate subsidence; and

(2) specify in as much detail as practicable the acts,

procedures, performance, and avoidance that are necessary to

carry out the purpose of this chapter.

(c) When formulating the plan, the board shall compile and

consider:

(1) a list of wells in the district subject to regulation under

this chapter;

(2) a list of all available sources of water, other than

groundwater, in the district;

(3) the purpose for which the water is used and for which it is

proposed to be used;

(4) accurate estimates of:

(A) groundwater withdrawal from all wells or proposed wells in

the district;

(B) the amount of groundwater that may be withdrawn from each

area in the district without causing:

(i) long-term static water level decline; and

(ii) reduction of artesian pressure that will lead to subsidence

in the district; and

(C) current and future water needs in the district;

(5) information relating to formulating a permit system; and

(6) other information necessary to manage groundwater in the

district and to effectively and expeditiously carry out the

purpose of this chapter.

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. 8834.102. ADOPTION OF DISTRICT PLAN. (a) The board shall

hold a hearing to consider a plan formulated under Section

8834.101.

(b) After the hearing, the board shall:

(1) make any changes it considers necessary according to

evidence and material presented at the hearing; and

(2) adopt the plan.

(c) The board may amend or repeal a plan adopted under this

section and may adopt a new plan as provided by this section for

the adoption of the original plan.

(d) An adopted plan remains in effect until a new plan is

adopted.

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. 8834.103. WATER CONSERVATION MEASURES. (a) The board may

adopt rules requiring the use of water conservation measures to

reduce groundwater withdrawals.

(b) The district may cooperate with the commission and a local

government to establish water conservation goals, guidelines, and

plans to be used in the district.

(c) The district may contract with a local government in the

district to provide services needed to meet water conservation

requirements that the commission establishes.

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. 8834.104. ANNUAL GROUNDWATER WITHDRAWAL DETERMINATION. (a)

Before March 31 of each year, the board shall hold a hearing to

determine the effects during the preceding calendar year of

groundwater withdrawal on subsidence in the district.

(b) At the hearing, the board shall consider information

provided under Sections 8834.107 and 8834.214 and information

presented by persons appearing before the board.

(c) After the hearing, the board shall:

(1) consider all information presented to it;

(2) determine groundwater withdrawal in the district during the

preceding calendar year; and

(3) make findings on the effects during the preceding calendar

year of groundwater withdrawal on subsidence in the district.

(d) The board's findings and determinations under Subsection (c)

shall be included in a report adopted by the board. The report

shall be made available for examination by any interested person.

(e) The board shall submit the report adopted under Subsection

(d) and a copy of the most recent district plan adopted under

Section 8834.101 to the appropriate regional water planning

group.

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. 8834.105. MONITORING AND SUPERVISION BY DISTRICT. (a) The

district may use subsidence compaction monitors, water-level

observation wells, and other materials and equipment to determine

the amount of groundwater that may be withdrawn while allowing

groundwater to rebound and stabilize to a level that will halt

subsidence.

(b) The district may use global positioning systems and other

geodetic survey methods to monitor land surface elevations and

measure subsidence.

(c) The district may coordinate monitoring and data collection

activities with other entities, including private entities and

federal, state, or local governmental entities.

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. 8834.106. DISTRICT RESEARCH. (a) The board may conduct

studies and research that the board considers necessary to

implement this chapter.

(b) The district may collect any information that the board

determines is necessary to implement this chapter, including

information regarding the use of groundwater, water conservation,

and the practicability of recharging a groundwater reservoir.

(c) The board may use the services of geologists, hydrologists,

licensed engineers, licensed geoscientists, or other expert

personnel to accomplish the purposes of this section.

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. 8834.107. STUDIES BY BOARD STAFF. At least once each year

and at any other time the board considers necessary, the board

may have its staff make a complete study of the groundwater in

the district and determine:

(1) the water level;

(2) the rates and amounts of groundwater withdrawal; and

(3) other information relating to groundwater withdrawal that

may affect subsidence in the 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. 8834.108. SALE OR DISTRIBUTION OF WATER PROHIBITED. The

district may not sell 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. 8834.109. ACCESS TO PROPERTY. (a) To carry out technical

and other investigations necessary to implement this chapter, the

board and its agents and employees are entitled to access to all

property in the district.

(b) Before entering property for the purposes of this section,

the person seeking access shall:

(1) give notice to the owner of the property as provided by

district rules; and

(2) present proper credentials.

(c) The board and its agents and employees who enter private

property shall observe the establishment's rules concerning

safety, internal security, and fire protection.

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. 8834.110. GENERAL POWERS RELATED TO PROPERTY AND CONTRACTS.

(a) The board may:

(1) purchase, lease, own, convey, and dispose of property both

inside and outside district territory necessary or convenient to

exercise the board's powers, duties, and functions under this

chapter;

(2) construct, purchase, lease, or acquire in some other manner

any material or property, including supplies, equipment,

vehicles, or machinery, necessary to carry out this chapter;

(3) accept a grant, gift, or devise of property; or

(4) accept a grant, gift, loan, or other distribution of money.

(b) The district may make or accept a grant, gratuity, advance,

or loan in any form to or from any public source approved by the

board, including a governmental entity.

(c) The district may enter into a contract, covenant, or

agreement the board considers appropriate related to a grant,

gratuity, advance, or loan.

(d) The board may enter into a contract with any person to carry

out this chapter.

(e) The district may enter into contracts only in the district's

name.

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. 8834.111. COOPERATION WITH GOVERNMENTAL ENTITIES. In

implementing this chapter, the board may request the assistance

of and cooperate with a local government or an agency of this

state or of the United States, including the Texas Water

Development Board, the commission, and the United States

Geological Survey.

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. 8834.112. RULES. (a) After notice and hearing, the board

shall adopt rules designed to expeditiously and effectively

implement this chapter and accomplish its purpose, including

rules governing procedures before the board. The board shall

enforce the rules.

(b) The board may adopt rules to prevent the waste of water or

the degradation of water quality.

(c) The board shall compile its rules in a book and make the

book available for use and inspection at the district's principal

office. The district shall provide copies of its rules on

payment of the reproduction cost.

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. 8834.113. CONSIDERATIONS FOR RULES AND ORDERS. When

adopting a rule or issuing an order, the board shall consider:

(1) the availability of surface water or alternative water

supplies;

(2) the economic effects on persons and the community;

(3) the degree and effect of subsidence on the surface of the

land; and

(4) the differing topographical and geophysical characteristics

of the land.

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. 8834.114. HEARINGS. (a) At a regular meeting of the

board, the board shall set the date, time, and location for a

hearing to be held under this chapter.

(b) The board may hold a hearing at any location in the district

and recess a hearing from day to day.

(c) Any person may appear at a hearing and present testimony,

evidence, exhibits, or other information in person or by counsel,

or both.

(d) The board may use a hearing examiner to hear a subject set

for the hearing.

(e) The board shall make the final decision on a subject heard

by a hearing examiner. Procedures for use of hearing examiners

shall be provided by rule.

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. 8834.115. NOTICE OF HEARINGS. (a) Not later than the 10th

day before the date set for a hearing other than a permit

application hearing, the district shall deliver or mail notice of

the hearing to:

(1) each county and municipal government in the district; and

(2) each person that the board considers to have an interest in

the subject matter of the hearing.

(b) Not later than the 10th day before the date set for a

hearing, the district shall:

(1) publish notice of the hearing once in a newspaper of general

circulation in each county in the district; and

(2) post notice of the hearing at the county courthouse of each

county in the district in the place where notices are usually

posted.

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. 8834.116. BOARD BYLAWS AND POLICIES. The board may adopt

bylaws and policies as necessary to accomplish its purposes.

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. 8834.117. AUTHORITY TO ISSUE SUBPOENAS AND ADMINISTER

OATHS. (a) The board may issue a subpoena to compel the

testimony of a person or the production of a document if the

testimony or document is necessary to carry out the board's

powers, duties, and functions under this chapter.

(b) On application by the board, a district court shall enforce

a subpoena issued under Subsection (a) in the same manner as a

subpoena issued by the court.

(c) The board may administer an oath to a person who testifies

before the board.

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. 8834.118. SUITS. (a) The district may sue and be sued in

the courts of this state in the name of the district by and

through the board.

(b) If requested by the district, the attorney general shall

represent the district in the district courts and appellate

courts of this state and in the courts of the United States.

(c) The board, in the board's sole discretion, may employ

attorneys to represent the district in the district courts and

appellate courts of this state and the courts of the United

States.

(d) The general manager is the agent of the district on whom

process, notice, or demand required or permitted by law to be

served on the district may be served.

(e) The district is not required to give a bond for appeal,

injunction, or costs in any suit to which the district is a

party.

(f) If the district prevails in any suit other than a suit in

which it voluntarily intervenes, the district may seek and the

court shall grant, in the same action, recovery for attorney's

fees, costs for expert witnesses, and other costs incurred by the

district before the court. The court shall set the amount of the

attorney's fees.

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. 8834.151. DISBURSEMENT OF MONEY. The district may disburse

its money by:

(1) a check, draft, order, or other instrument signed by a

person authorized under a board bylaw or board resolution; or

(2) electronic funds transfer.

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. 8834.152. DISTRICT ACCOUNTS. The district shall keep a

complete system of the district's accounts.

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. 8834.153. FISCAL YEAR. The district's fiscal year is the

calendar year.

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. 8834.154. BUDGET. (a) The board shall adopt an annual

budget containing a complete financial statement.

(b) The board may amend the annual budget.

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. 8834.155. AUDIT. The district shall have its affairs

audited each year by an independent certified public accountant

or a firm of independent certified public accountants of

recognized integrity and ability. The district shall pay for the

audit.

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. 8834.156. COPY OF AUDIT. The board shall keep one copy of

the audit prepared under Section 8834.155 at the district office

open to inspection by any interested person during normal office

hours.

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. 8834.157. DEPOSITORY AND INVESTMENTS. (a) Except as

provided by Subsection (g), the board shall designate one or more

banks in the district to serve as a depository for district

money. All district money shall be deposited in a depository

bank. This subsection does not limit the power of the board to

place a portion of the district's money on time deposit or to

purchase certificates of deposit or other authorized investments.

(b) The board shall prescribe the term of service for

depositories.

(c) To the extent that money in a depository bank or a trustee

bank is not invested or insured by the Federal Deposit Insurance

Corporation, the money must be secured in the manner provided by

Chapter 2257, Government Code.

(d) Before designating a depository bank, the board shall issue

a notice stating the time and location the board will meet for

that purpose and shall invite banks in the district to submit

applications to be designated depositories.

(e) The board shall consider the management and condition of

each bank that applies under Subsection (d) and designate as a

depository the bank or banks that:

(1) offer the most favorable terms and conditions for handling

district money;

(2) the board finds have proper management; and

(3) are in a condition to warrant handling of district money.

(f) Membership on the district's board of an officer or director

of a bank does not disqualify the bank from being designated as a

depository bank.

(g) If the board does not receive any applications before the

meeting under Subsection (d), the board shall designate as a

depository a bank or banks inside or outside the district under

terms the board finds advantageous to the district.

(h) District money may be invested and reinvested as provided by

Chapter 2256, Government Code.

(i) The board by resolution may provide that an authorized

district representative may invest and reinvest district money

and provide for money to be withdrawn from the appropriate

district accounts for investments on terms that the board

considers advisable.

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

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

SUBCHAPTER E. REGULATORY PROVISIONS

Text of section effective on April 01, 2011

Sec. 8834.201. GROUNDWATER WITHDRAWALS SUBJECT TO BOARD RULE.

Groundwater withdrawals governed by this chapter, including

withdrawals of injected water, are subject to reasonable board

rules and orders.

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. 8834.202. CERTAIN WELLS EXEMPT. This chapter does not

apply to:

(1) a well regulated under Chapter 27, Water Code;

(2) a well that:

(A) has a casing with an inside diameter of not more than five

inches; and

(B) serves only a single-family dwelling; or

(3) a shallow well that:

(A) is not used to provide water for:

(i) human consumption;

(ii) agriculture;

(iii) manufacturing or industry; or

(iv) water injection; and

(B) withdraws water solely:

(i) to prevent hazardous sand boils, dewater surface

construction sites, or relieve hydrostatic uplift on permanent

structures;

(ii) for groundwater quality analysis and for monitoring

migration of subsurface contaminants or pollution; or

(iii) for recovery of contamination or pollution.

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. 8834.203. REGULATION OF SPACING AND GROUNDWATER WITHDRAWAL.

(a) To minimize as far as practicable the drawdown of the water

table and the reduction of artesian pressure and to control and

prevent subsidence, the board may provide for the spacing of

wells in the district and may regulate groundwater withdrawal

from wells, taking into consideration:

(1) the economic impact on well owners;

(2) the resulting effect on subsidence; and

(3) other relevant factors.

(b) Before adopting a rule or issuing an order under this

section, the board shall set a hearing on the proposed rule or

order.

(c) The district may adopt different rules for:

(1) each aquifer, subdivision of an aquifer, or geologic stratum

located wholly or partly in the district's territory; or

(2) each geographic area overlying an aquifer or subdivision of

an aquifer located wholly or partly in the district's 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. 8834.204. WATER-METERING DEVICES. The board may:

(1) require water-metering devices to be placed on wells in the

district; and

(2) adopt standards for the accuracy, testing, and calibration

of the devices.

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. 8834.205. WELL REGISTRATION. The board by rule may require

the registration of any well in the 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. 8834.206. PERMIT REQUIRED. (a) The owner of a well

located in the district must obtain a permit from the board

before:

(1) drilling, equipping, or completing the well;

(2) substantially altering the size of the well or a well pump;

or

(3) operating the well.

(b) An operational well must have a permit.

(c) An owner or operator commits a violation if the owner or

operator does not obtain a permit as required by Subsection (a).

A violation occurs on the first day the drilling, equipping,

completing, altering, or operation begins. Each day that a

violation continues is a separate violation.

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. 8834.207. APPLICATION FOR PERMIT. (a) A person must

submit an application and an application fee to the board to

obtain a permit under this chapter.

(b) The application must state:

(1) the person's name and address;

(2) the location and wellhead elevation of the well or proposed

well;

(3) the amount of water being withdrawn or proposed to be

withdrawn; and

(4) any other information required by the board as necessary for

the board to control and prevent subsidence in the district.

(c) The board shall use the application fee to process

applications.

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. 8834.208. NOTICE AND HEARING ON PERMIT APPLICATION. (a)

The board shall hold a hearing on each permit application.

(b) Not later than the 10th day before the date set for the

hearing, the board shall notify the applicant by regular mail or

by certified mail, return receipt requested, of the date, time,

and location of the hearing.

(c) The board may consider at a hearing as many permit

applications as the board considers necessary.

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. 8834.209. ISSUANCE OF PERMIT. (a) Not later than the 60th

day after the date of the hearing on a permit application, the

board shall:

(1) decide whether to issue the permit; and

(2) prescribe the terms of the permit, if it decides to issue

the permit.

(b) In deciding whether to issue a permit and in prescribing the

terms of the permit, the board shall consider:

(1) the purpose of this chapter;

(2) the district plan;

(3) the quality, quantity, and availability of surface water or

alternative water supplies at prices that are competitive with

prices charged by suppliers of surface water in the district;

(4) the economic effect on the applicant of a decision to issue

or deny the permit, or of the permit terms, in relation to the

effect on subsidence that would result;

(5) the applicant's compliance with this chapter or any district

rule, permit, or order; and

(6) all other relevant factors.

(c) The board shall issue a permit to an applicant if the board

finds on sufficient evidence that:

(1) there is no other adequate and available substitute or

supplemental source of surface water at prices competitive with

the prices charged by suppliers of surface water in the district;

and

(2) compliance with any provision of this chapter or any

district rule will result in an arbitrary taking of property or

in the practical closing and elimination of any lawful business,

occupation, or activity without sufficient corresponding benefit

or advantage to the public.

(d) The permit must state the terms prescribed by the board.

The permit must include:

(1) the name and address of the permit holder;

(2) the location of the well;

(3) the date the permit begins and the date the permit expires;

(4) conditions and restrictions placed on groundwater

withdrawal; and

(5) other terms necessary to control and prevent subsidence.

(e) The board may condition the issuance of a permit under this

section on the resolution of a previous or continuing violation

of this chapter or of any district rule, permit, or order. The

board may require an applicant to pay a civil penalty or

settlement amount, or take other necessary action, to resolve a

previous or continuing violation.

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. 8834.210. TERM OF PERMIT. (a) A permit issued under this

chapter expires on the first anniversary of the date of issuance,

unless the board specifies a different period.

(b) To aid the district in the effective and expeditious

performance of its duties, the board may issue a permit for a

term not to exceed five years if the issuance does not impair the

district's ability to control and prevent subsidence in the

district.

(c) A permit is not a vested right of the permit holder. The

board may revoke, suspend, or amend a permit after notice and

hearing when reasonably necessary to accomplish the purpose of

this chapter.

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. 8834.211. RENEWAL OF PERMIT. The board may renew a permit

in the manner provided for issuing an original permit.

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. 8834.212. PERMIT FEES. (a) When the board issues or

renews a permit, the board shall collect a permit fee from the

applicant. The fee shall be determined by a schedule based on:

(1) the term of the permit; and

(2) the maximum annual amount of groundwater the board

authorizes to be withdrawn from the well.

(b) The board may establish a disincentive permit fee to serve

as a regulatory tool by creating a disincentive to continued

overreliance on groundwater.

(c) The board shall determine the fee schedule after a hearing.

(d) The board shall use permit fees collected under this section

to pay the cost of issuing permits and performing other

regulatory functions under this chapter, including making grants,

loans, or contractual payments to achieve, facilitate, or

expedite reductions in groundwater pumping or the development or

distribution of alternative water supplies.

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. 8834.213. TRANSFERRING PERMIT. (a) A permit is

transferable only if the permit holder and the new owner of the

well notify the district by certified mail, return receipt

requested, of:

(1) the transfer of ownership of the well; and

(2) the name and address of the new owner.

(b) On receipt of the information required under Subsection (a),

the district shall issue an amended permit with the new owner of

the well listed as the permit holder. The remaining terms of the

permit remain unchanged.

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. 8834.214. ANNUAL REPORT. Before January 31 each year, a

well owner who holds a permit under this chapter shall submit to

the board a report stating:

(1) the well owner's name;

(2) the location of the well;

(3) the total amount of groundwater withdrawn from the well

during the preceding 12-month period;

(4) the total amount of groundwater withdrawn from the well

during each month of the preceding 12-month period;

(5) the purpose for which the groundwater was used; and

(6) any other information required by the board that the board

considers necessary for the board to control and prevent

subsidence in the 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. 8834.215. REDUCTION OF GROUNDWATER USE. (a) The board by

order may require a person to completely or partially discontinue

the use of groundwater by:

(1) acquiring an alternative water supply needed to replace the

water supply covered by the order; or

(2) participating in a groundwater reduction plan or other

agreement the board approves as complying with the district's

regulatory requirements.

(b) The board by order or rule may require a person to reduce

groundwater use by eliminating waste or implementing water

conservation measures.

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. 8834.216. OPEN OR UNCOVERED WELLS. (a) The district may

require the owner or lessee of land on which an open or uncovered

well is located to keep the well closed or capped with a covering

capable of supporting not less than 400 pounds when the well is

not in actual use.

(b) If the owner or lessee fails or refuses to close or cap a

well as required, a person employed by the district may enter the

land and close or cap the well safely and securely.

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

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

SUBCHAPTER F. APPEAL AND ENFORCEMENT PROVISIONS

Text of section effective on April 01, 2011

Sec. 8834.251. APPEAL OF DISTRICT ACTIONS. (a) A person who is

adversely affected by a rule, order, or other official action of

the board, including a person residing in or owning real property

in the district whose residence or real property is subsiding,

may appeal the action to a district court in any county in the

district after any administrative appeal is finally resolved.

(b) An appeal under this section must be filed not later than

the 45th day after the date any administrative appeal is finally

resolved.

(c) On written request from a person who is adversely affected,

the board shall make written findings and conclusions regarding a

rule, order, or other official action of the district. The board

shall provide a certified copy of the findings and conclusions to

the person not later than the 35th day after the date the request

was made.

(d) An appeal under this section of the legal propriety of a

rule, order, or other action of the board is governed by the

substantial evidence rule as provided by Subchapter G, Chapter

2001, Government Code. The burden of proof is on the petitioner,

and the challenged rule, order, or other official action of the

district is considered prima facie valid.

(e) The district court shall set for trial as expeditiously as

possible an appeal brought under this section and may not

postpone or continue the suit unless the reasons for postponement

or continuance are imperative.

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. 8834.252. INJUNCTIVE RELIEF; CIVIL PENALTY. (a) If a

person has violated, is violating, or is threatening to violate

this chapter or a district rule, permit, or order, the district

may institute an action in a district court in the district for:

(1) an injunction to restrain the person from continuing the

violation or the threat of violation;

(2) a civil penalty of not less than $50 and not more than

$5,000 for each violation and for each day of violation; or

(3) both injunctive relief and a civil penalty.

(b) The attorney general shall institute an action under this

section at the request of the board, or at the request of the

general manager if authorized by the board. The district in its

sole discretion may employ attorneys of its choice to institute

the action.

(c) The district is not required to post bond or other security

with the court.

(d) The district court shall grant the injunctive relief

requested under Subsection (a) as the facts warrant if the court

finds that a person is violating or threatening to violate this

chapter or a district rule, permit, or order.

(e) The district court shall assess a civil penalty requested

under Subsection (a) in the amount provided by that subsection if

the court finds that a person has violated or is violating this

chapter or a district rule, permit, or order.

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

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