CHAPTER 8836. FAYETTE COUNTY GROUNDWATER CONSERVATION DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8836. FAYETTE COUNTY GROUNDWATER CONSERVATION DISTRICT

Text of effective on April 01, 2011

SUBCHAPTER A. GENERAL PROVISIONS

Text of section effective on April 01, 2011

Sec. 8836.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a board member.

(3) "District" means the Fayette 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. 8836.002. NATURE OF DISTRICT. The district is a

groundwater conservation district in Fayette 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. 8836.003. 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. 8836.004. DISTRICT TERRITORY. The district's boundaries

are coextensive with the boundaries of Fayette 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. 8836.005. DISTRICT NAME CHANGE. The board by resolution

may change the district's name.

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. 8836.051. 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. 8836.052. 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) At the first election after the county commissioners

precincts are redrawn under Section 18, Article V, Texas

Constitution, four new directors shall be elected to represent

the precincts. The directors from Precincts 1 and 3 are elected

for two-year terms. The directors from Precincts 2 and 4 are

elected for 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. 8836.053. 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 for terms

beginning January 1 of the following 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. 8836.054. 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 qualified 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.

SUBCHAPTER C. POWERS AND DUTIES

Text of section effective on April 01, 2011

Sec. 8836.101. 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. 8836.102. REGIONAL COOPERATION. To provide for regional

continuity, the district shall:

(1) participate in coordination meetings with adjacent districts

on an as-needed basis;

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

such a way as to achieve relative uniformity of data type and

quality;

(3) coordinate efforts to monitor water quality with adjacent

districts, local governments, and state agencies;

(4) provide groundwater level data to adjacent districts;

(5) investigate any groundwater and aquifer pollution with the

intention of locating its source;

(6) notify adjacent districts and all appropriate agencies of

any detected groundwater pollution;

(7) annually provide to adjacent districts an inventory of water

wells and an estimate of groundwater production within the

district; and

(8) 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. 8836.151. DISTRICT REVENUE. To pay the district's

maintenance and operating costs and to pay any bonds or notes

issued by the district, the district may:

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

on each $100 valuation of taxable property in the district,

subject to voter approval;

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

non-exempt wells; or

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

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. 8836.152. ELECTION TO APPROVE BONDS OR NOTES. The district

may not issue or sell bonds or notes payable from any source

unless the action is approved by a majority of the voters of the

district voting at an election held for that purpose.

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

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