CHAPTER 8842. HEADWATERS GROUNDWATER CONSERVATION DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8842. HEADWATERS GROUNDWATER CONSERVATION DISTRICT

Text of effective on April 01, 2011

SUBCHAPTER A. GENERAL PROVISIONS

Text of section effective on April 01, 2011

Sec. 8842.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a board member.

(3) "District" means the Headwaters 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. 8842.002. NATURE OF DISTRICT. The district is a

groundwater conservation district in Kerr 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. 8842.003. 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. 8842.004. DISTRICT TERRITORY. The district's boundaries

are coextensive with the boundaries of Kerr County, 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. 8842.051. 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. 8842.052. 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, 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. 8842.053. ELECTION DATE. (a) Except as provided by

Subsection (b), directors' elections shall occur on the date of

the general election for state and county officers.

(b) If directors' elections may not lawfully be held on the date

described by Subsection (a), directors' elections shall occur on

the uniform election date in May of odd-numbered years.

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. 8842.054. ELIGIBILITY. (a) To be eligible to serve on the

board, a person must have been a resident of the district for at

least one year before the date the person takes office as a

director.

(b) 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.

(c) 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. 8842.055. COMPENSATION; EXPENSES. A director serves

without compensation but is entitled to reimbursement for actual

expenses incurred in performing activities related to district

business, including education, travel, and seminars.

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. 8842.101. GROUNDWATER CONSERVATION DISTRICT POWERS AND

DUTIES. 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. 8842.102. AUTHORITY OF DISTRICT TO CONTRACT WITH

GOVERNMENTAL BODIES. (a) The district may contract with Kerr

County or a river authority whose boundaries are coextensive with

the district's boundaries for services available from the county

or river authority that directly relate to the district's

activities. Any party to a contract under this subsection may

petition the Texas Commission on Environmental Quality to resolve

any dispute arising out of the contract.

(b) The district may contract with a state agency or another

governmental body to carry out any function of 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. 8842.103. GRANTING OF GROUNDWATER RIGHTS PROHIBITED. The

district may not sell, donate, lease, or otherwise grant rights

in or to groundwater located in the district.

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

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