CHAPTER 8844. HILL COUNTRY UNDERGROUND WATER CONSERVATION DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8844. HILL COUNTRY UNDERGROUND WATER CONSERVATION

DISTRICT

Text of effective on April 01, 2011

SUBCHAPTER A. GENERAL PROVISIONS

Text of section effective on April 01, 2011

Sec. 8844.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a board member.

(3) "District" means the Hill Country Underground Water

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. 8844.002. NATURE OF DISTRICT. The district is 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. 8844.003. LEGISLATIVE FINDINGS. The legislature finds

that:

(1) the organization of the district is feasible and

practicable;

(2) the land to be included in the district and the residents of

the district will benefit from the creation of the district;

(3) there is a public necessity for the district; and

(4) the creation of the district will further the public

welfare.

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. 8844.004. DISTRICT TERRITORY. The district is composed of

the territory located in Gillespie County, unless the district's

territory has been modified under:

(1) this subchapter; or

(2) other law.

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

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

SUBCHAPTER B. ANNEXATION OF TERRITORY

Text of section effective on April 01, 2011

Sec. 8844.051. ANNEXATION OF TERRITORY AUTHORIZED. The board

may annex territory to the district as provided by this

subchapter.

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. 8844.052. PETITION FOR ANNEXATION ELECTION. (a) To

initiate a proceeding to annex territory to the district, a

written petition requesting that the board call an annexation

election must be presented to the board.

(b) The petition must:

(1) define the territory to be annexed; and

(2) be signed by at least 50 percent of the persons who reside

in the territory to be annexed according to the most recent

federal census.

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. 8844.053. HEARING; ELECTION ORDER. (a) On receipt of a

petition under Section 8844.052, the board shall set a date for a

hearing on the petition. The hearing must be set for a date that

is not later than the 20th day after the date the board receives

the petition.

(b) The board shall publish notice of the place, time, date, and

purpose of the hearing in one or more newspapers with general

circulation in the district and in the territory to be annexed.

(c) At the hearing, any person may present testimony for or

against annexation of the territory to the district.

(d) At the conclusion of the hearing, the board shall determine

whether an election should be held to determine whether the

territory should be annexed.

(e) If the board determines that an election should be held, the

board shall issue an order calling separate elections to be held

in the district and in the territory to be annexed to determine

whether the territory should be annexed to the district. The

board shall hold the elections on the same day at the next

uniform election date following the date of the order.

(f) If the board determines that an election should not be held,

the board shall issue an order denying the petition.

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. 8844.054. BALLOTS. Ballots for an election called under

Section 8844.053 must be printed to provide for voting for or

against the proposition: "The inclusion of

_______________________ (briefly describe the territory to be

annexed) in the Hill Country Underground Water Conservation

District, and assumption by the described territory of a

proportional share of the outstanding indebtedness 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. 8844.055. DECLARATION OF ELECTION RESULTS. (a) If a

majority of the voters in the district and a majority of the

voters in the territory to be annexed voting on the proposition

vote in favor of the proposition, the territory is annexed to the

district, and the board shall issue a declaration to that effect.

(b) If a majority of the voters in the district or in the

territory to be annexed voting on the proposition vote against

annexing the territory to the district, the territory is not

annexed to the district, and the board shall issue a declaration

to that effect.

(c) The board shall file a copy of the election results and

declaration with the Texas Commission on Environmental Quality.

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

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

SUBCHAPTER C. BOARD OF DIRECTORS

Text of section effective on April 01, 2011

Sec. 8844.101. COMPOSITION OF BOARD. (a) The board is composed

of five directors, unless the board is expanded under Subsection

(b).

(b) If territory is annexed to the district, the territory

annexed is entitled to be represented by one director, and the

board shall add one director to the board for that purpose. The

board shall appoint an initial director to represent the newly

annexed territory. The initial director serves until the first

regular meeting of the board following the first regular election

of directors subsequent to the annexation of the 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. 8844.102. TERMS. Directors 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. 8844.103. QUALIFICATIONS FOR ELECTION; ELIGIBILITY TO

SERVE. (a) To be qualified for election as a director, a person

must be:

(1) a resident of the district; and

(2) at least 18 years of age.

(b) In addition to the requirements of Subsection (a):

(1) to be a director from a county commissioners precinct, a

person must be a resident of that precinct; and

(2) to be a director from a specific territory annexed to the

district, a person must be a resident of that 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. 8844.104. ELECTION DATE. Each odd-numbered year, the board

shall hold an election in the district on the uniform election

date in May to elect the appropriate number of directors.

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

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

SUBCHAPTER D. POWERS AND DUTIES

Text of section effective on April 01, 2011

Sec. 8844.151. GROUNDWATER CONSERVATION DISTRICT POWERS AND

DUTIES. Except to the extent of a conflict with this chapter or

as limited by this chapter, the district is governed by, is

subject to, may exercise the powers granted by, and shall

exercise the duties provided by Chapter 36, Water 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. 8844.152. RECLAMATION. The district may:

(1) reclaim land in the district; and

(2) construct works, facilities, and improvements necessary to

accomplish that purpose.

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. 8844.153. SOIL CONSERVATION AND IMPROVEMENT. The district

may construct and maintain terraces or other structures on land

in the district and may engage in or promote land treatment

measures for soil conservation and improvement.

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. 8844.154. INPUT WELLS. The district may drill, equip,

operate, and maintain input wells, pumps, and other facilities to

carry out its purpose and powers under 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. 8844.155. ACQUISITION OF PROPERTY. The district may

acquire any land or property necessary to carry out this chapter

by:

(1) gift;

(2) grant;

(3) devise;

(4) lease;

(5) purchase; or

(6) the power of eminent domain.

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. 8844.156. SALE AND DISPOSAL OF PROPERTY. Subject to this

chapter and Chapter 36, Water Code, the district may sell or

otherwise dispose of land and other property of the district that

is not necessary to carry out the purpose or powers of the

district as determined by 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. 8844.157. APPEARANCE BEFORE RAILROAD COMMISSION. The

district, through the directors or the district's general

manager, may appear before the Railroad Commission of Texas and

present evidence and information related to a pending permit

application for an injection well to be located 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. 8844.158. PROHIBITION: SUPPLY OF GROUNDWATER. The

district may not contract to or take an action to supply

groundwater inside or outside the district.

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

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