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AN ACT
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relating to the creation of the Colorado County Groundwater |
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Conservation District; providing authority to impose a tax and |
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issue bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle H, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8824 to read as follows: |
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CHAPTER 8824. COLORADO COUNTY GROUNDWATER CONSERVATION DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8824.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "Director" means a member of the board. |
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(3) "District" means the Colorado County Groundwater |
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Conservation District. |
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Sec. 8824.002. NATURE OF DISTRICT. The district is a |
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groundwater conservation district in Colorado County created under |
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and essential to accomplish the purposes of Section 59, Article |
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XVI, Texas Constitution. |
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Sec. 8824.003. CONFIRMATION ELECTION REQUIRED. If the |
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creation of the district is not confirmed at a confirmation |
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election held before September 1, 2011: |
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(1) the district is dissolved on September 1, 2011, |
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except that: |
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(A) any debts incurred shall be paid; |
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(B) any assets that remain after the payment of |
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debts shall be transferred to Colorado County; and |
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(C) the organization of the district shall be |
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maintained until all debts are paid and remaining assets are |
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transferred; and |
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(2) this chapter expires on September 1, 2013. |
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Sec. 8824.004. INITIAL DISTRICT TERRITORY. The initial |
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boundaries of the district are coextensive with the boundaries of |
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Colorado County, Texas, except that the district does not include |
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any territory that is included in the boundaries of the Coastal Bend |
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Groundwater Conservation District as of the effective date of the |
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Act enacting this chapter. |
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Sec. 8824.005. APPLICABILITY OF OTHER GROUNDWATER |
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CONSERVATION DISTRICT LAW. Except as otherwise provided by this |
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chapter, Chapter 36, Water Code, applies to the district. |
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[Sections 8824.006-8824.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 8824.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a) |
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Not later than September 11, 2007, the Colorado County |
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Commissioners Court shall appoint seven temporary directors. |
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Temporary directors must meet the qualifications provided by |
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Section 8824.052 for permanent directors. |
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(b) If there is a vacancy on the temporary board of |
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directors of the district, the remaining temporary directors shall |
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select a qualified person to fill the vacancy. If, at any time, |
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there are three or more vacancies on the temporary board, the |
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Colorado County Commissioners Court shall appoint a qualified |
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person to fill each vacancy. |
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(c) Temporary directors serve until the earlier of: |
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(1) the time initial directors are elected as provided |
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by Section 8824.023; or |
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(2) the date this chapter expires under Section |
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8824.003. |
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Sec. 8824.022. ORGANIZATIONAL MEETING OF TEMPORARY |
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DIRECTORS. (a) As soon as practicable after all the temporary |
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directors have qualified under Section 36.055, Water Code, a |
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majority of the temporary directors shall convene the |
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organizational meeting of the district at a location within the |
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district agreeable to a majority of the directors. If an agreement |
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on location cannot be reached, the organizational meeting shall be |
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at the Colorado County Courthouse. |
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(b) At the meeting, the temporary directors shall elect a |
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presiding officer, assistant presiding officer, and secretary from |
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among the temporary directors. |
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Sec. 8824.023. CONFIRMATION AND INITIAL DIRECTORS' |
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ELECTION. (a) The temporary board of directors shall hold an |
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election to confirm the creation of the district and elect seven |
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initial directors. |
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(b) Section 41.001(a), Election Code, does not apply to a |
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confirmation election held as provided by this section. |
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(c) Except as provided by this section, a confirmation |
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election must be conducted as provided by Sections 36.017(b)-(i), |
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Water Code, and the Election Code. |
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(d) The ballot for the election must be printed to provide |
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for voting for or against the proposition: "The creation of the |
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Colorado County Groundwater Conservation District and the levy of |
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an ad valorem tax in the district at a rate not to exceed three cents |
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for each $100 of assessed valuation." |
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(e) The temporary board of directors may include any other |
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proposition on the ballot that the directors determine necessary. |
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(f) If a majority of the votes cast at the election are not |
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in favor of the creation of the district, the temporary board of |
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directors may hold a subsequent confirmation election. The |
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subsequent election may not be held before the month in which the |
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first anniversary of the date on which the preceding election was |
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held occurs. |
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(g) The initial directors for positions one, three, five, |
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and seven shall serve until the first regularly scheduled election |
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of directors under Section 8824.053. The initial directors for the |
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remaining positions shall serve until the second regularly |
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scheduled election of directors under Section 8824.053. |
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Sec. 8824.024. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2013. |
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[Sections 8824.025-8824.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8824.051. DIRECTORS; TERMS. (a) The district is |
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governed by a board of seven directors. |
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(b) Directors serve staggered four-year terms. |
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(c) A director may serve only two consecutive terms. |
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Sec. 8824.052. METHOD OF ELECTING DIRECTORS. (a) Except as |
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provided by Subsection (e), the directors of the district shall be |
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elected as follows: |
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(1) the directors for positions 1 through 4 must |
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reside in Colorado County Commissioners Precincts 1 through 4, |
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respectively, and are elected by the voters of the applicable |
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county commissioners precinct; and |
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(2) the directors for positions 5 through 7 must |
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reside in the cities of Columbus, Eagle Lake, and Weimar, |
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respectively, and are elected at large by the voters of the |
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district. |
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(b) To be eligible to be a candidate for or to serve as a |
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director, a person must be a registered voter. |
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(c) A person shall indicate on the application for a place |
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on the ballot the position on the board to which the person seeks to |
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be elected. |
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(d) When the boundaries of the county commissioners |
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precincts are redrawn after each federal decennial census to |
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reflect population changes, a director in office on the effective |
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date of the change, or a director elected or appointed before the |
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effective date of the change whose term of office begins on or after |
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the effective date of the change, shall serve in the precinct to |
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which elected or appointed even though the change in boundaries |
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places the person's residence outside the precinct for which the |
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person was elected or appointed. |
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(e) If territory is added to the district, the board shall |
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change the method of electing directors as necessary to ensure that |
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all district voters are fairly represented. A change in the method |
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of electing directors adopted by the board under this subsection |
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shall be implemented at the next directors' election at which the |
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change can be implemented consistently with the Election Code and |
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federal law. |
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Sec. 8824.053. ELECTION DATE. The district shall hold an |
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election to elect the appropriate number of directors on the |
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uniform election date prescribed by Section 41.001, Election Code, |
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in November of each even-numbered year. |
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Sec. 8824.054. DIVISION OF MUNICIPALITY. The provision of |
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Section 36.059(b), Water Code, concerning the division of a |
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municipal corporation among precincts does not apply to an election |
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under this chapter. |
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Sec. 8824.055. COMPENSATION; REIMBURSEMENT. (a) |
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Notwithstanding Section 36.060, Water Code, a director is not |
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entitled to receive compensation for performing the duties of a |
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director. |
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(b) The board may authorize a director to receive |
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reimbursement for the director's reasonable expenses incurred |
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while engaging in activities on behalf of the district. |
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Sec. 8824.056. VACANCY. A vacancy in the office of director |
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shall be filled by appointment of the board. The appointed director |
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serves only for the remainder of the unexpired term to which the |
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director was appointed. |
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[Sections 8824.057-8824.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8824.101. RESTRICTIONS ON GENERAL POWERS. Sections |
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36.103 and 36.104, Water Code, do not apply to the district. |
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Sec. 8824.102. PROHIBITION ON REQUIRING METERING OF EXEMPT |
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WELLS. The district may not require meters on wells exempt from |
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permitting or regulation under Section 36.117, Water Code. |
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Sec. 8824.103. RIGHT TO ENTER LAND. (a) A district |
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director or employee or a person who contracts with the district may |
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enter private property on behalf of the district without obtaining |
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the permission of the property owner only if: |
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(1) the purpose of the entry is to conduct an |
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investigation of a violation of or enforce a district rule; and |
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(2) the property owner is provided reasonable notice |
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before the property is entered. |
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(b) A district director or employee or a person who |
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contracts with the district must obtain the permission of a |
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property owner before entering private property on behalf of the |
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district for any purpose other than the purposes described by |
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Subsection (a)(1). |
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Sec. 8824.104. WELL SPACING RULES; EXEMPTIONS. (a) Except |
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as provided by Subsection (b), the district shall exempt from the |
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well spacing requirements adopted by the district any well that is |
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completed on or before the effective date of those requirements. |
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(b) The district may provide by rule that a well may lose its |
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exemption under this section if the well is modified in a manner |
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that substantially increases the capacity of the well after the |
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effective date of the well spacing requirements adopted by the |
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district. |
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(c) Except as provided by this section, the district may |
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require any well or class of wells exempt from permitting under |
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Chapter 36, Water Code, to comply with the well spacing |
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requirements adopted by the district. The district shall apply |
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well spacing requirements uniformly to any well or class of wells |
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based on the size or capacity of the well and without regard to the |
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type of use of the groundwater produced by the well. |
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Sec. 8824.105. REGISTRATION AND REPORTING REQUIREMENTS FOR |
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CERTAIN EXEMPT WELLS. The district may adopt rules that require the |
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owner or operator of a well or class of wells exempt from permitting |
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under Section 36.117, Water Code, to register the well with the |
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district and, notwithstanding Section 8824.102, if the well is not |
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exempt under Section 36.117(b)(1), Water Code, to report |
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groundwater withdrawals from the well using reasonable and |
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appropriate reporting methods and frequency. |
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Sec. 8824.106. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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[Sections 8824.107-8824.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8824.151. REVENUE. (a) To pay the maintenance and |
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operating costs of the district and to pay any bonds or notes issued |
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by the district, the district may: |
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(1) impose ad valorem taxes at a rate not to exceed |
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three cents on each $100 of assessed valuation of taxable property |
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in the district; or |
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(2) assess reasonable fees for: |
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(A) services provided; |
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(B) water withdrawn from each well that is not |
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exempt from district permitting or regulation; or |
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(C) groundwater exported from the district. |
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(b) In determining a tax rate under Subsection (a)(1), the |
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board shall take into consideration the income of the district from |
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sources other than taxation. |
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Sec. 8824.152. GRANTS, GIFTS, AND DONATIONS. The district |
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may solicit and accept grants, gifts, and donations from any public |
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or private source. |
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[Sections 8824.153-8824.200 reserved for expansion] |
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SUBCHAPTER E. DISSOLUTION |
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Sec. 8824.201. SUBCHAPTER CUMULATIVE. The provisions of |
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this subchapter are cumulative of the provisions of Subchapter I, |
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Chapter 36, Water Code. |
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Sec. 8824.202. DISSOLUTION BY ELECTION. (a) After January |
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1, 2016, the board shall order an election on the question of |
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dissolving the district if the board receives a petition requesting |
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that an election be held for that purpose that is signed by at least |
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15 percent of the district's registered voters. |
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(b) Not later than the 30th day after the date the board |
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receives the petition, the directors shall: |
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(1) validate the signatures on the petition; and |
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(2) if the signatures are validated, order an election |
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on the next uniform election date under Section 41.001, Election |
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Code. |
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(c) The order calling the election must state the nature of |
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the election, including the proposition that is to appear on the |
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ballot. |
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Sec. 8824.203. NOTICE OF ELECTION. Notice of an election |
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under this subchapter must be provided by posting a copy of the |
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order calling the election in at least one conspicuous place for at |
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least 10 days before the day of the election: |
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(1) at the Colorado County Courthouse; |
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(2) in each Colorado County commissioners precinct; |
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and |
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(3) in the cities of Columbus, Eagle Lake, and Weimar. |
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Sec. 8824.204. BALLOT. The ballot for an election under |
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this subchapter must be printed to permit voting for or against the |
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proposition: "The dissolution of the Colorado County Groundwater |
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Conservation District." |
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Sec. 8824.205. ELECTION RESULTS; DISPOSITION OF ASSETS. If |
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a majority of the votes in an election under this subchapter favor |
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dissolution: |
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(1) the board shall find that the district is |
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dissolved; and |
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(2) Section 36.310, Water Code, applies for the |
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purpose of disposition of the district's assets. |
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SECTION 2. Chapter 303, Acts of the 77th Legislature, |
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Regular Session, 2001, is repealed. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor has submitted the notice and Act to the |
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Texas Commission on Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, |
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lieutenant governor, and speaker of the house of representatives |
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within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4032 was passed by the House on May |
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11, 2007, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 4032 on May 26, 2007, by the following vote: Yeas 143, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4032 was passed by the Senate, with |
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amendments, on May 23, 2007, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |