CHAPTER 8850. HARRISON COUNTY GROUNDWATER CONSERVATION DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8850. HARRISON COUNTY GROUNDWATER

CONSERVATION DISTRICT

For contingent expiration of this chapter, see Section 8850.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8850.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a member of the board.

(3) "District" means the Harrison County Groundwater

Conservation District.

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

1208, Sec. 1, eff. June 19, 2009.

Sec. 8850.002. NATURE OF DISTRICT. The district is a

groundwater conservation district in Harrison 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.

1208, Sec. 1, eff. June 19, 2009.

Sec. 8850.003. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed at a confirmation election held

under Section 8850.023 before December 31, 2010:

(1) the district is dissolved December 31, 2010, except that:

(A) any debts incurred shall be paid;

(B) any assets that remain after the payment of debts shall be

transferred to Harrison County; and

(C) the organization of the district shall be maintained until

all debts are paid and remaining assets are transferred; and

(2) this chapter expires September 1, 2014.

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

1208, Sec. 1, eff. June 19, 2009.

Sec. 8850.004. INITIAL DISTRICT TERRITORY. The initial

boundaries of the district are coextensive with the boundaries of

Harrison County, Texas.

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

1208, Sec. 1, eff. June 19, 2009.

Sec. 8850.005. APPLICABILITY OF OTHER GROUNDWATER CONSERVATION

DISTRICT LAW. Except as otherwise provided by this chapter,

Chapter 36, Water Code, applies to the district.

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

1208, Sec. 1, eff. June 19, 2009.

SUBCHAPTER A-1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Section 8850.026.

Sec. 8850.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a) Not

later than the 45th day after the effective date of the Act

enacting this chapter, five temporary directors shall be

appointed as follows:

(1) the Harrison County Commissioners Court shall appoint four

temporary directors, with one of the temporary directors

appointed from each of the four commissioners precincts in the

county to represent the precincts in which the temporary

directors reside; and

(2) the county judge of Harrison County shall appoint one

temporary director who resides in the district to represent the

district at large.

(b) Of the temporary directors, at least one director must

represent rural water suppliers in the district, one must

represent agricultural interests in the district, and one must

represent industrial interests in the district.

(c) If there is a vacancy on the temporary board of directors of

the district, the Harrison County Commissioners Court shall

appoint a person to fill the vacancy in a manner that meets the

representational requirements of this section.

(d) Temporary directors serve until the earlier of:

(1) the date initial directors are elected under Section

8850.023; or

(2) the fourth anniversary of the effective date of the Act

creating this chapter.

(e) If initial directors have not been elected under Section

8850.023 and the terms of the temporary directors have expired,

successor temporary directors shall be appointed in the manner

provided by Subsections (a) and (b) to serve terms that expire on

the date this subchapter expires under Section 8850.026.

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

1208, Sec. 1, eff. June 19, 2009.

Sec. 8850.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.

As soon as practicable after all the temporary directors have

qualified under Section 36.055, Water Code, a majority of the

temporary directors shall convene the organizational meeting of

the district at a location within the district agreeable to a

majority of the directors. If an agreement on location cannot be

reached, the organizational meeting shall be at the Harrison

County Courthouse.

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

1208, Sec. 1, eff. June 19, 2009.

Sec. 8850.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.

(a) The temporary directors shall hold an election to confirm

the creation of the district and to elect the initial directors

of the district.

(b) The temporary directors shall have placed on the ballot the

names of all candidates for an initial director's position who

have filed an application for a place on the ballot as provided

by Section 52.003, Election Code.

(c) The ballot must be printed to provide for voting for or

against the proposition: "The creation of the Harrison County

Groundwater Conservation District."

(d) If the district levies a maintenance tax for payment of

expenses, the ballot must be printed to provide for voting for or

against the proposition: "The levy of a maintenance tax at a

rate not to exceed 1.5 cents for each $100 of assessed

valuation."

(e) Section 41.001(a), Election Code, does not apply to an

election held under this section.

(f) Except as provided by this section, an election under this

section must be conducted as provided by Sections 36.017(b)-(i),

Water Code, and the Election Code. The provision of Section

36.017(d), Water Code, relating to the election of permanent

directors does not apply to an election under this section.

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

1208, Sec. 1, eff. June 19, 2009.

Sec. 8850.024. INITIAL DIRECTORS. (a) If creation of the

district is confirmed at an election held under Section 8850.023,

the directors elected shall take office as initial directors of

the district and serve on the board of directors until permanent

directors are elected under Section 8850.025 or 8850.053.

(b) The four initial directors representing the commissioners

precincts shall draw lots to determine which two shall serve a

term expiring June 1 following the first regularly scheduled

election of directors under Section 8850.025, and which two shall

serve a term expiring June 1 following the second regularly

scheduled election of directors. The at-large director shall

serve a term expiring June 1 following the second regularly

scheduled election of directors.

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

1208, Sec. 1, eff. June 19, 2009.

Sec. 8850.025. INITIAL ELECTION OF PERMANENT DIRECTORS. On the

uniform election date prescribed by Section 41.001, Election

Code, in May of the first even-numbered year after the year in

which the district is authorized to be created at a confirmation

election, an election shall be held in the district for the

election of two directors to replace the initial directors who,

under Section 8850.024(b), serve a term expiring June 1 following

that election.

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

1208, Sec. 1, eff. June 19, 2009.

Sec. 8850.026. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2014.

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

1208, Sec. 1, eff. June 19, 2009.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8850.051. DIRECTORS; TERMS. (a) The district is governed

by a board of five directors.

(b) Directors serve staggered four-year terms, with two or three

directors' terms expiring June 1 of each even-numbered year.

(c) A director may serve consecutive terms.

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

1208, Sec. 1, eff. June 19, 2009.

Sec. 8850.052. METHOD OF ELECTING DIRECTORS: COMMISSIONERS

PRECINCTS. (a) The directors of the district shall be elected

according to the commissioners precinct method as provided by

this section.

(b) One director shall be elected by the voters of the entire

district, and one director shall be elected from each county

commissioners precinct by the voters of that precinct.

(c) Except as provided by Subsection (e), to be eligible to be a

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

a registered voter in the district. 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.

(d) 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.

(e) When the boundaries of the county commissioners precincts

are redrawn after each federal decennial census to reflect

population changes, a director in office on the effective date of

the change, or a director elected or appointed before the

effective date of the change whose term of office begins on or

after the effective date of the change, shall serve in the

precinct to which elected or appointed even though the change in

boundaries places the person's residence outside the precinct for

which the person was elected or appointed.

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

1208, Sec. 1, eff. June 19, 2009.

Sec. 8850.053. ELECTION DATE. The district shall hold an

election to elect the appropriate number of directors on the

uniform election date prescribed by Section 41.001, Election

Code, in May of each even-numbered year.

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

1208, Sec. 1, eff. June 19, 2009.

Sec. 8850.054. COMPENSATION. (a) Sections 36.060(a), (b), and

(d), Water Code, do not apply to the district.

(b) A director is entitled to receive compensation of not more

than $50 a day for each day the director actually spends

performing the duties of a director. The compensation may not

exceed $3,000 a year.

(c) The board may authorize a director to receive reimbursement

for the director's reasonable expenses incurred while engaging in

activities on behalf of the board.

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

1208, Sec. 1, eff. June 19, 2009.

Sec. 8850.055. BOARD ACTION. A majority vote of a quorum is

required for board action. If there is a tie vote, the proposed

action fails.

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

1208, Sec. 1, eff. June 19, 2009.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8850.101. GENERAL POWERS. Except as otherwise provided by

this chapter, the district has all of the rights, powers,

privileges, functions, and duties provided by the general law of

this state applicable to groundwater conservation districts

created under Section 59, Article XVI, Texas Constitution.

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

1208, Sec. 1, eff. June 19, 2009.

Sec. 8850.102. PROHIBITION ON DISTRICT PURCHASE, SALE,

TRANSPORT, OR DISTRIBUTION OF WATER. The district may not

purchase, sell, transport, or distribute surface water or

groundwater for any purpose.

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

1208, Sec. 1, eff. June 19, 2009.

Sec. 8850.103. PROHIBITION ON DISTRICT USE OF EMINENT DOMAIN

POWER. The district may not exercise the power of eminent

domain.

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

1208, Sec. 1, eff. June 19, 2009.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8850.151. LIMITATION ON TAXES. The district may not impose

ad valorem taxes at a rate that exceeds 1.5 cents on each $100

valuation of taxable property in the district.

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

1208, Sec. 1, eff. June 19, 2009.

Sec. 8850.152. FEES. (a) The board by rule may impose

reasonable fees on each well:

(1) for which a permit is issued by the district; and

(2) that is not exempt from district regulation.

(b) A production fee may be based on:

(1) the size of column pipe used by the well; or

(2) the amount of water actually withdrawn from the well, or the

amount authorized or anticipated to be withdrawn.

(c) The board shall base the initial production fee on the

criteria listed in Subsection (b)(2). The initial production

fee:

(1) may not exceed:

(A) 25 cents per acre-foot for water used for agricultural

irrigation; or

(B) 4.25 cents per thousand gallons for water used for any other

purpose; and

(2) may be increased at a cumulative rate not to exceed three

percent per year.

(d) In addition to the production fee authorized under this

section, the district may assess an export fee on groundwater

from a well that is produced for transport outside the district.

(e) Fees authorized by this section may be:

(1) assessed annually;

(2) used to pay the cost of district operations; and

(3) used for any other purpose allowed under Chapter 36, Water

Code.

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

1208, Sec. 1, eff. June 19, 2009.

Sec. 8850.153. LIMITATION ON INDEBTEDNESS. The district may

issue bonds and notes under Subchapter F, Chapter 36, Water Code,

except that the total indebtedness created by that issuance may

not exceed $500,000 at any time.

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

1208, Sec. 1, eff. June 19, 2009.