CHAPTER 8852. BRUSH COUNTRY GROUNDWATER CONSERVATION DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8852. BRUSH COUNTRY GROUNDWATER CONSERVATION DISTRICT

For contingent expiration of this chapter, see Section 8852.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8852.001. 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 Brush Country Groundwater Conservation

District.

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

1396, Sec. 1, eff. June 19, 2009.

Sec. 8852.002. NATURE OF DISTRICT. The district is a

groundwater conservation district created under and essential to

accomplish the purposes of Section 59, Article XVI, Texas

Constitution.

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

1396, Sec. 1, eff. June 19, 2009.

Sec. 8852.003. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed in at least one of the

territories described by Section 8852.023 at a confirmation

election held before September 1, 2011:

(1) the district is dissolved on September 1, 2011, except that:

(A) any debts incurred shall be paid;

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

transferred in equal amounts to Jim Hogg, Brooks, Hidalgo, and

Jim Wells Counties; 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, 2013.

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

1396, Sec. 1, eff. June 19, 2009.

Sec. 8852.004. INITIAL DISTRICT TERRITORY. (a) The district is

initially composed of the territory described by Section 2 of the

Act creating this chapter.

(b) The boundaries described in Section 2 of the Act creating

this chapter form a closure. A mistake made in describing the

district's boundaries in the legislative process does not affect

the district's:

(1) organization, existence, or validity;

(2) right to issue any type of bond for the purposes for which

the district is created or to pay the principal of and interest

on a bond;

(3) right to impose an assessment or tax; or

(4) legality or operation.

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

1396, Sec. 1, eff. June 19, 2009.

Sec. 8852.005. CONSTRUCTION OF CHAPTER. This chapter shall be

liberally construed to achieve the legislative intent and

purposes of Chapter 36, Water Code. A power granted by Chapter

36, Water Code, or this chapter shall be broadly interpreted to

achieve that intent and those purposes.

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

1396, Sec. 1, eff. June 19, 2009.

SUBCHAPTER B. DISTRICT CREATION

Sec. 8852.021. TEMPORARY DIRECTORS. (a) The temporary board

consists of:

(1) David Grall;

(2) Mauro Garcia;

(3) Robert Scott;

(4) A. C. Jones IV;

(5) Mario Martinez;

(6) Israel Hinojosa;

(7) a person appointed by the commissioners courts of Brooks and

Jim Hogg Counties within 60 days of the effective date of this

Act;

(8) Jesse Howell;

(9) Pearson Knolle; and

(10) Lawrence Cornelius.

(b) If there is a vacancy on the temporary board, the remaining

temporary directors shall select a qualified person to fill the

vacancy.

(c) Unless the temporary director's term expires under

Subsection (d), a temporary director serves until the earlier of:

(1) the date the temporary director becomes an initial permanent

director under Section 8852.024; or

(2) the date this chapter expires under Section 8852.003.

(d) The following temporary directors' terms expire on the date

of the canvass of the election to confirm the creation of the

district:

(1) David Grall and Mauro Garcia, if the voters in the territory

described by Section 8852.023(a)(3) vote not to confirm the

creation of the district;

(2) Robert Scott, if the voters in the territory described by

Section 8852.023(a)(1) vote not to confirm the creation of the

district;

(3) A. C. Jones IV and Mario Martinez, if the voters in the

territory described by Section 8852.023(a)(5) vote not to confirm

the creation of the district;

(4) Israel Hinojosa, if the voters in the territory described by

Section 8852.023(a)(4) vote not to confirm the creation of the

district;

(5) a person appointed by the commissioners courts of Brooks and

Jim Hogg Counties, if the creation of the district is confirmed

by voters of none of the territories described by Section

8852.023;

(6) Jesse Howell and Pearson Knolle, if the voters in the

territory described by Section 8852.023(a)(6) vote not to confirm

the creation of the district; and

(7) Lawrence Cornelius, if the voters in the territory described

by Section 8852.023(a)(2) vote not to confirm the creation of the

district.

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

1396, Sec. 1, eff. June 19, 2009.

Sec. 8852.022. 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 Brooks County

Courthouse.

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

1396, Sec. 1, eff. June 19, 2009.

Sec. 8852.023. CONFIRMATION ELECTION. (a) The temporary board

shall hold an election in each of the following territories in

the district to confirm the creation of the district and the

imposition of a maintenance tax:

(1) the territory in the corporate limits of the city of

Falfurrias as of January 1, 2009;

(2) the territory in the corporate limits of the city of Alice

as of January 1, 2009;

(3) the territory:

(A) in Brooks County that, as of January 1, 2009, is:

(i) outside the corporate limits of the city of Falfurrias; and

(ii) not in the Kenedy County Groundwater Conservation District;

and

(B) in Hidalgo County that is:

(i) described by a metes and bounds description in Section 2 of

the Act creating this chapter; and

(ii) not in the Kenedy County Groundwater Conservation District

as of January 1, 2009;

(4) the territory in the certificated retail water service area

of the Jim Hogg County Water Control and Improvement District No.

2 as of January 1, 2009;

(5) the territory in Jim Hogg County that is outside the

certificated retail water service area of the Jim Hogg County

Water Control and Improvement District No. 2 as of January 1,

2009; and

(6) the territory in Jim Wells County that, as of January 1,

2009, is:

(A) outside the corporate limits of the city of Alice; and

(B) not in the Kenedy County Groundwater Conservation District.

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

confirmation election held as provided by this section.

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

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

and (e), Water Code, and the Election Code.

(d) The ballot for the election must be printed to provide for

voting for or against the proposition: "The creation of the

Brush Country Groundwater Conservation District and the levy of

an ad valorem tax in the district at a rate not to exceed three

cents for each $100 of assessed valuation."

(e) If the majority of voters in a territory described by

Subsection (a) voting at an election held under this section vote

to confirm the creation of the district, that territory is

included in the district. If the majority of voters in a

territory described by Subsection (a) voting at an election held

under this section vote not to confirm the creation of the

district, that territory is excluded from the district.

(f) If the majority of voters in any of the territories

described by Subsection (a) voting at an election held under this

section vote not to confirm the creation of the district, the

temporary board or any successor board may hold a subsequent

confirmation election in that territory.

(g) The district may not impose a maintenance tax unless the tax

is confirmed under this section.

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

1396, Sec. 1, eff. June 19, 2009.

Sec. 8852.024. INITIAL PERMANENT DIRECTORS. (a) If the

creation of the district is confirmed at an election held under

Section 8852.023 in one or more territories in the district, each

temporary director who represents a territory that is included in

the district becomes an initial permanent director of the

district.

(b) The initial permanent directors shall draw lots to determine

which directors serve a term expiring on June 1 of the first

even-numbered year after the confirmation election and which

directors serve a term expiring on June 1 of the next

even-numbered year.

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

1396, Sec. 1, eff. June 19, 2009.

Sec. 8852.025. GIFTS AND GRANTS. The temporary board may

solicit and accept gifts and grants, including services, on the

district's behalf from any public or private source to provide

revenue for the district before a confirmation election is held

under Section 8852.023.

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

1396, Sec. 1, eff. June 19, 2009.

Sec. 8852.026. RIGHT OF CERTAIN LANDOWNERS TO WITHDRAW FROM

DISTRICT. A person who owns a tract of land in Brooks or Hidalgo

County that adjoins the boundaries of the Kenedy County

Groundwater Conservation District as of the effective date of the

Act creating this chapter may petition the Kenedy County

Groundwater Conservation District for annexation into that

district. Notwithstanding any other law, the Kenedy County

Groundwater Conservation District may annex territory described

by a petition under this section. Territory annexed by the

Kenedy County Groundwater Conservation District under this

section not later than January 1, 2010, is disannexed at that

time from the district created by this chapter.

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

1396, Sec. 1, eff. June 19, 2009.

Sec. 8852.027. LIMITATION OF POWERS OF TEMPORARY BOARD. (a)

The temporary board may exercise only the powers described by

Sections 8852.022, 8852.023, and 8852.025.

(b) Except as required by a law or rule relating to

participation in a groundwater management area in which the

district is located, the temporary board may not:

(1) adopt rules, including rules regarding wells; or

(2) develop a draft or final management plan.

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

1396, Sec. 1, eff. June 19, 2009.

SUBCHAPTER C. BOARD OF DIRECTORS

Sec. 8852.051. APPOINTMENT OF DIRECTORS; TERMS. (a) Not later

than June 1 of each even-numbered year, the Commissioners Courts

of Brooks County, Jim Hogg County, and Jim Wells County shall

appoint directors as follows:

(1) the Commissioners Court of Brooks County shall appoint:

(A) one director who represents the municipal interests of the

territory described by Section 8852.023(a)(1), if the territory

described by Section 8852.023(a)(1) is included in the district;

and

(B) two directors who represent the agricultural interests of

the territory described by Sections 8852.023(a)(3)(A) and (B), if

the territory described by Sections 8852.023(a)(3)(A) and (B) is

included in the district;

(2) the Commissioners Court of Jim Hogg County shall appoint:

(A) one director who represents the interests of Jim Hogg County

in the territory described by Section 8852.023(a)(4), if the

territory described by Section 8852.023(a)(4) is included in the

district; and

(B) two directors who represent the agricultural interests of

the territory described by Section 8852.023(a)(5), if the

territory described by Section 8852.023(a)(5) is included in the

district;

(3) the Commissioners Court of Jim Wells County shall appoint:

(A) one director who represents the municipal interests of the

territory described by Section 8852.023(a)(2), if the territory

described by Section 8852.023(a)(2) is included in the district;

and

(B) two directors who represent the agricultural interests of

the territory described by Section 8852.023(a)(6), if the

territory described by Section 8852.023(a)(6) is included in the

district; and

(4) the Commissioners Courts of Brooks County and Jim Hogg

County jointly shall appoint one director to represent the

industrial and mining interests of Jim Hogg and Brooks Counties.

(b) Directors serve staggered four-year terms that expire on

June 1 of an even-numbered year.

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

1396, Sec. 1, eff. June 19, 2009.

Sec. 8852.052. ELIGIBILITY. (a) A director is not disqualified

from service because the director is an employee, manager,

director of the board, or officer of a groundwater producer that

is or may be regulated by the district.

(b) A temporary director whose term of office expires under

Section 8852.021(d) is not eligible for appointment as a

director.

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

1396, Sec. 1, eff. June 19, 2009.

Sec. 8852.053. COMPENSATION; REIMBURSEMENT. (a)

Notwithstanding Section 36.060, Water Code, a director is not

entitled to receive compensation for performing the duties of a

director.

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

director's reasonable expenses incurred while engaging in

activities on behalf of the district in accordance with Sections

36.060(b) and (c), Water Code.

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

1396, Sec. 1, eff. June 19, 2009.

Sec. 8852.054. VACANCY. A vacancy in the office of director

shall be filled by appointment of the board in a manner

consistent with the representational requirements of Section

8852.051. The appointed director serves only for the remainder

of the unexpired term to which the director was appointed.

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

1396, Sec. 1, eff. June 19, 2009.

SUBCHAPTER D. POWERS AND DUTIES

Sec. 8852.101. GROUNDWATER CONSERVATION DISTRICT POWERS AND

DUTIES. Except as otherwise provided by this chapter, the

district has the powers and duties provided by the general law of

this state, including Chapter 36, Water Code, and Section 59,

Article XVI, Texas Constitution, applicable to groundwater

conservation districts.

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

1396, Sec. 1, eff. June 19, 2009.

Sec. 8852.102. CONTRACTS. The district may enter into a

contract with any person, public or private, for any purpose

authorized by law.

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

1396, Sec. 1, eff. June 19, 2009.

Sec. 8852.103. EXEMPTIONS FROM PERMIT REQUIREMENTS. (a)

Section 36.117, Water Code, applies to the district except that

for the purposes of applying that section to the district,

"domestic use" and "livestock use" have the meanings assigned by

Subsection (b).

(b) In this section:

(1) "Domestic use":

(A) means the use of groundwater by an individual or a household

to support domestic activities, including the use of groundwater

for:

(i) drinking, washing, or culinary purposes;

(ii) irrigating a lawn or a family garden or orchard;

(iii) watering domestic animals; or

(iv) water recreation, including aquatic and wildlife enjoyment;

and

(B) does not include the use of water:

(i) to support an activity for which consideration is given or

received or for which the product of the activity is sold; or

(ii) by or for a public water system.

(2) "Livestock use" means the use of groundwater for the

open-range watering of livestock, exotic livestock, game animals,

or fur-bearing animals. For purposes of this subdivision,

"livestock" and "exotic livestock" have the meanings assigned by

Sections 1.003 and 142.001, Agriculture Code, respectively, and

"game animal" and "fur-bearing animal" have the meanings assigned

by Sections 63.001 and 71.001, Parks and Wildlife Code,

respectively. Livestock use does not include use by or for a

public water system.

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

1396, Sec. 1, eff. June 19, 2009.

Sec. 8852.104. EFFECTS OF TRANSFER. (a) In reviewing a

proposed transfer of groundwater out of the district in

accordance with Section 36.122(f), Water Code, the district shall

determine whether the proposed transfer would have a negative

effect on:

(1) the availability of water in the district;

(2) the conditions of any aquifer that overlies the district;

(3) subsidence in the district;

(4) existing permit holders or other groundwater users in the

district; and

(5) any applicable approved regional water plan or certified

district management plan.

(b) If the district determines under Subsection (a) that the

transfer would have a negative effect, the district may, in

addition to the conditions authorized by Section 36.122, Water

Code, impose other requirements or limitations on the permit that

are designed to minimize the effect.

(c) Sections 36.122(c), (i), and (j), Water Code, do not apply

to a requirement or limitation imposed under this section.

(d) The district may impose a fee or surcharge as an export fee.

The restrictions under Section 36.122(e), Water Code, do not

apply to a fee or surcharge imposed under this subsection.

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

1396, Sec. 1, eff. June 19, 2009.

Sec. 8852.105. APPLICABILITY OF DISTRICT REGULATIONS.

Groundwater regulations adopted by the district under this

chapter apply to all persons except as exempted under Section

36.117, Water Code, or this chapter.

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

1396, Sec. 1, eff. June 19, 2009.

Sec. 8852.106. NO EMINENT DOMAIN POWER. The district may not

exercise the power of eminent domain.

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

1396, Sec. 1, eff. June 19, 2009.

Sec. 8852.107. LANDOWNERS' RIGHTS. The rights of landowners and

their lessees and assigns in groundwater in the district are

recognized. Nothing in this chapter shall be construed to

deprive or divest the owners or their lessees and assigns of

their rights, subject to district rules.

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

1396, Sec. 1, eff. June 19, 2009.

Sec. 8852.108. LIMITATION ON RULEMAKING POWER NOT APPLICABLE.

Section 36.121, Water Code, does not apply to the district.

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

1396, Sec. 1, eff. June 19, 2009.

SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS

Sec. 8852.151. REVENUE. To pay the maintenance and operating

costs of the district and to pay any bonds or notes issued by the

district, the district may impose ad valorem taxes at a rate not

to exceed three cents on each $100 of assessed valuation of

taxable property in the district.

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

1396, Sec. 1, eff. June 19, 2009.

Sec. 8852.152. GRANTS, GIFTS, AND DONATIONS. The district may

solicit and accept grants, gifts, and donations from any public

or private source.

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

1396, Sec. 1, eff. June 19, 2009.

SUBCHAPTER F. DISSOLUTION

Sec. 8852.201. SUBCHAPTER CUMULATIVE. The provisions of this

subchapter are cumulative of the provisions of Subchapter I,

Chapter 36, Water Code.

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

1396, Sec. 1, eff. June 19, 2009.

Sec. 8852.202. DISSOLUTION BY ELECTION. (a) After January 1,

2016, the board shall order an election on the question of

dissolving the district if the board receives a petition

requesting that an election be held for that purpose that is

signed by at least 15 percent of the district's registered

voters.

(b) Not later than the 30th day after the date the board

receives the petition, the directors shall:

(1) validate the signatures on the petition; and

(2) if the signatures are validated, order an election on the

next uniform election date under Section 41.001, Election Code.

(c) The order calling the election must state the nature of the

election, including the proposition that is to appear on the

ballot.

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

1396, Sec. 1, eff. June 19, 2009.

Sec. 8852.203. NOTICE OF ELECTION. Notice of an election under

this subchapter must be provided by posting a copy of the order

calling the election in at least one conspicuous place for at

least 10 days before the day of the election at the county

courthouse in Brooks County, Jim Hogg County, Jim Wells County,

and Hidalgo County.

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

1396, Sec. 1, eff. June 19, 2009.

Sec. 8852.204. BALLOT. The ballot for an election under this

subchapter must be printed to permit voting for or against the

proposition: "The dissolution of the Brush Country Groundwater

Conservation District."

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

1396, Sec. 1, eff. June 19, 2009.

Sec. 8852.205. ELECTION RESULTS; DISPOSITION OF ASSETS. If a

majority of the votes in an election under this subchapter favor

dissolution:

(1) the board shall find that the district is dissolved; and

(2) Section 36.310, Water Code, applies for the purpose of

disposition of the district's assets.

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

1396, Sec. 1, eff. June 19, 2009.