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AN ACT
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relating to the creation of the Harrison County and Prairielands |
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Groundwater Conservation Districts; providing authority to impose |
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a tax and issue bonds and granting a limited power of eminent |
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domain. |
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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 Chapters 8850 and 8855 to read as |
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follows: |
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CHAPTER 8850. HARRISON COUNTY GROUNDWATER |
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CONSERVATION DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8850.001. 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 Harrison County Groundwater |
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Conservation District. |
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Sec. 8850.002. NATURE OF DISTRICT. The district is a |
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groundwater conservation district in Harrison 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. 8850.003. 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 under Section 8850.023 before December 31, 2010: |
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(1) the district is dissolved December 31, 2010, |
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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 Harrison 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 September 1, 2014. |
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Sec. 8850.004. INITIAL DISTRICT TERRITORY. The initial |
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boundaries of the district are coextensive with the boundaries of |
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Harrison County, Texas. |
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Sec. 8850.005. 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 8850.006-8850.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 8850.021. APPOINTMENT OF TEMPORARY DIRECTORS. |
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(a) Not later than the 45th day after the effective date of the Act |
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enacting this chapter, five temporary directors shall be appointed |
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as follows: |
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(1) the Harrison County Commissioners Court shall |
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appoint four temporary directors, with one of the temporary |
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directors appointed from each of the four commissioners precincts |
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in the county to represent the precincts in which the temporary |
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directors reside; and |
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(2) the county judge of Harrison County shall appoint |
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one temporary director who resides in the district to represent the |
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district at large. |
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(b) Of the temporary directors, at least one director must |
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represent rural water suppliers in the district, one must represent |
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agricultural interests in the district, and one must represent |
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industrial interests in the district. |
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(c) If there is a vacancy on the temporary board of |
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directors of the district, the Harrison County Commissioners Court |
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shall appoint a person to fill the vacancy in a manner that meets |
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the representational requirements of this section. |
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(d) Temporary directors serve until the earlier of: |
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(1) the date initial directors are elected under |
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Section 8850.023; or |
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(2) the fourth anniversary of the effective date of |
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the Act creating this chapter. |
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(e) If initial directors have not been elected under Section |
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8850.023 and the terms of the temporary directors have expired, |
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successor temporary directors shall be appointed in the manner |
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provided by Subsections (a) and (b) to serve terms that expire on |
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the date this subchapter expires under Section 8850.026. |
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Sec. 8850.022. ORGANIZATIONAL MEETING OF TEMPORARY |
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DIRECTORS. 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 Harrison County Courthouse. |
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Sec. 8850.023. CONFIRMATION AND INITIAL DIRECTORS' |
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ELECTION. (a) The temporary directors shall hold an election to |
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confirm the creation of the district and to elect the initial |
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directors of the district. |
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(b) The temporary directors shall have placed on the ballot |
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the names of all candidates for an initial director's position who |
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have filed an application for a place on the ballot as provided by |
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Section 52.003, Election Code. |
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(c) The ballot must be printed to provide for voting for or |
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against the proposition: "The creation of the Harrison County |
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Groundwater Conservation District." |
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(d) If the district levies a maintenance tax for payment of |
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expenses, the ballot must be printed to provide for voting for or |
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against the proposition: "The levy of a maintenance tax at a rate |
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not to exceed 1.5 cents for each $100 of assessed valuation." |
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(e) Section 41.001(a), Election Code, does not apply to an |
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election held under this section. |
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(f) Except as provided by this section, an election under |
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this section must be conducted as provided by Sections |
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36.017(b)-(i), Water Code, and the Election Code. The provision of |
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Section 36.017(d), Water Code, relating to the election of |
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permanent directors does not apply to an election under this |
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section. |
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Sec. 8850.024. INITIAL DIRECTORS. (a) If creation of the |
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district is confirmed at an election held under Section 8850.023, |
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the directors elected shall take office as initial directors of the |
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district and serve on the board of directors until permanent |
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directors are elected under Section 8850.025 or 8850.053. |
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(b) The four initial directors representing the |
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commissioners precincts shall draw lots to determine which two |
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shall serve a term expiring June 1 following the first regularly |
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scheduled election of directors under Section 8850.025, and which |
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two shall serve a term expiring June 1 following the second |
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regularly scheduled election of directors. The at-large director |
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shall serve a term expiring June 1 following the second regularly |
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scheduled election of directors. |
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Sec. 8850.025. INITIAL ELECTION OF PERMANENT DIRECTORS. On |
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the uniform election date prescribed by Section 41.001, Election |
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Code, in May of the first even-numbered year after the year in which |
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the district is authorized to be created at a confirmation |
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election, an election shall be held in the district for the election |
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of two directors to replace the initial directors who, under |
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Section 8850.024(b), serve a term expiring June 1 following that |
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election. |
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Sec. 8850.026. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2014. |
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[Sections 8850.027-8850.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8850.051. DIRECTORS; TERMS. (a) The district is |
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governed by a board of five directors. |
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(b) Directors serve staggered four-year terms, with two or |
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three directors' terms expiring June 1 of each even-numbered year. |
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(c) A director may serve consecutive terms. |
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Sec. 8850.052. METHOD OF ELECTING DIRECTORS: COMMISSIONERS |
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PRECINCTS. (a) The directors of the district shall be elected |
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according to the commissioners precinct method as provided by this |
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section. |
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(b) One director shall be elected by the voters of the |
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entire district, and one director shall be elected from each county |
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commissioners precinct by the voters of that precinct. |
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(c) Except as provided by Subsection (e), to be eligible to |
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be a candidate for or to serve as director at large, a person must be |
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a registered voter in the district. To be a candidate for or to |
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serve as director from a county commissioners precinct, a person |
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must be a registered voter of that precinct. |
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(d) A person shall indicate on the application for a place |
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on the ballot: |
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(1) the precinct that the person seeks to represent; |
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or |
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(2) that the person seeks to represent the district at |
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large. |
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(e) 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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Sec. 8850.053. 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 May of each even-numbered year. |
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Sec. 8850.054. COMPENSATION. (a) Sections 36.060(a), |
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(b), and (d), Water Code, do not apply to the district. |
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(b) A director is entitled to receive compensation of not |
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more than $50 a day for each day the director actually spends |
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performing the duties of a director. The compensation may not |
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exceed $3,000 a year. |
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(c) 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 board. |
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Sec. 8850.055. BOARD ACTION. A majority vote of a quorum is |
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required for board action. If there is a tie vote, the proposed |
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action fails. |
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[Sections 8850.056-8850.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8850.101. GENERAL POWERS. Except as otherwise |
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provided by this chapter, the district has all of the rights, |
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powers, privileges, functions, and duties provided by the general |
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law of this state applicable to groundwater conservation districts |
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created under Section 59, Article XVI, Texas Constitution. |
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Sec. 8850.102. PROHIBITION ON DISTRICT PURCHASE, SALE, |
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TRANSPORT, OR DISTRIBUTION OF WATER. The district may not |
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purchase, sell, transport, or distribute surface water or |
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groundwater for any purpose. |
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Sec. 8850.103. PROHIBITION ON DISTRICT USE OF EMINENT |
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DOMAIN POWER. The district may not exercise the power of eminent |
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domain. |
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[Sections 8850.104-8850.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8850.151. LIMITATION ON TAXES. The district may not |
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impose ad valorem taxes at a rate that exceeds 1.5 cents on each |
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$100 valuation of taxable property in the district. |
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Sec. 8850.152. FEES. (a) The board by rule may impose |
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reasonable fees on each well: |
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(1) for which a permit is issued by the district; and |
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(2) that is not exempt from district regulation. |
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(b) A production fee may be based on: |
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(1) the size of column pipe used by the well; or |
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(2) the amount of water actually withdrawn from the |
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well, or the amount authorized or anticipated to be withdrawn. |
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(c) The board shall base the initial production fee on the |
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criteria listed in Subsection (b)(2). The initial production fee: |
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(1) may not exceed: |
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(A) 25 cents per acre-foot for water used for |
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agricultural irrigation; or |
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(B) 4.25 cents per thousand gallons for water |
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used for any other purpose; and |
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(2) may be increased at a cumulative rate not to exceed |
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three percent per year. |
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(d) In addition to the production fee authorized under this |
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section, the district may assess an export fee on groundwater from a |
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well that is produced for transport outside the district. |
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(e) Fees authorized by this section may be: |
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(1) assessed annually; |
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(2) used to pay the cost of district operations; and |
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(3) used for any other purpose allowed under Chapter |
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36, Water Code. |
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Sec. 8850.153. LIMITATION ON INDEBTEDNESS. The district |
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may issue bonds and notes under Subchapter F, Chapter 36, Water |
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Code, except that the total indebtedness created by that issuance |
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may not exceed $500,000 at any time. |
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CHAPTER 8855. PRAIRIELANDS GROUNDWATER CONSERVATION DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8855.001. 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 Prairielands Groundwater |
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Conservation District. |
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Sec. 8855.002. NATURE OF DISTRICT; FINDINGS. (a) The |
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district is a groundwater conservation district initially composed |
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of Ellis, Hill, Johnson, and Somervell Counties created under and |
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essential to accomplish the purposes of Section 59, Article XVI, |
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Texas Constitution. |
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(b) The district is created to serve a public use and |
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benefit. |
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(c) All of the land and other property included within the |
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boundaries of the district will be benefited by the works and |
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projects that are to be accomplished by the district under powers |
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conferred by this chapter and by Chapter 36, Water Code. |
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(d) Any fees imposed by the district under this chapter are |
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necessary to pay for the costs of accomplishing the purposes of the |
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district, including the conservation and management of groundwater |
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resources, as provided by this chapter and Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8855.003. DISTRICT TERRITORY. The initial boundaries |
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of the district are coextensive with the boundaries of Ellis, Hill, |
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Johnson, and Somervell Counties. |
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Sec. 8855.004. 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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Sec. 8855.005. CONSTRUCTION OF CHAPTER. This chapter shall |
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be liberally construed to achieve the purposes expressed by this |
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chapter and Chapter 36, Water Code. A power granted by this chapter |
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or Chapter 36, Water Code, shall be broadly interpreted to achieve |
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that intent and those purposes. |
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[Sections 8855.006-8855.020 reserved for expansion] |
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SUBCHAPTER B. INITIAL ORGANIZATION |
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Sec. 8855.021. APPOINTMENT OF INITIAL DIRECTORS. (a) The |
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district is governed by a board of eight initial directors |
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appointed as provided by Section 8855.051(a). |
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(b) Initial directors shall be appointed not later than the |
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90th day after the effective date of the Act enacting this chapter. |
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If after the 90th day fewer than eight initial directors have been |
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appointed, each unfilled initial director position shall be |
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considered a vacancy and filled by the remaining initial directors. |
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(c) Except as provided under Subsection (b) for failure to |
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appoint an initial director, if a vacancy occurs on the board in a |
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position for which an initial director has previously been |
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appointed, the appointing county commissioners court for the vacant |
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position shall appoint a person to fill the vacancy in a manner that |
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meets the representational requirements of Section 8855.051. |
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(d) To be eligible to serve as an initial director, a person |
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must be a registered voter in the appointing county. |
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(e) Each initial director must qualify to serve as a |
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director under Section 36.055, Water Code. |
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Sec. 8855.022. ORGANIZATIONAL MEETING OF INITIAL |
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DIRECTORS. As soon as practicable after all the initial directors |
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have qualified under Section 36.055, Water Code, a majority of the |
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initial directors shall convene the organizational meeting of the |
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district at a location in the district agreeable to a majority of |
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the directors. If an agreement on location cannot be reached, the |
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organizational meeting shall be held at a suitable location on the |
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Hill College campus in Cleburne, Johnson County, Texas. |
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Sec. 8855.023. INITIAL TERMS. (a) The two initial |
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directors appointed from each county shall draw lots to determine |
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which director serves an initial term expiring August 31, 2011, and |
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which director serves an initial term expiring August 31, 2013. |
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(b) Each successor director shall be appointed and shall |
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serve in accordance with Subchapter C. |
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[Sections 8855.024-8855.050 reserved for expansion] |
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SUBCHAPTER C. BOARD OF DIRECTORS |
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Sec. 8855.051. GOVERNING BODY; TERMS. (a) Except as |
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provided by Subchapter D, the district is governed by a board of |
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eight directors appointed as follows: |
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(1) two directors appointed by the Ellis County |
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Commissioners Court; |
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(2) two directors appointed by the Hill County |
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Commissioners Court; |
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(3) two directors appointed by the Johnson County |
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Commissioners Court; and |
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(4) two directors appointed by the Somervell County |
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Commissioners Court. |
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(b) Directors serve staggered four-year terms, with the |
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term of one director from each of the four counties expiring on |
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August 31 of each odd-numbered year. |
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(c) A director may serve multiple consecutive terms. |
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Sec. 8855.052. DIRECTOR ELIGIBILITY; QUALIFICATION. |
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(a) To be eligible to serve as a director, a person must be a |
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registered voter in the appointing county. |
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(b) Each director must qualify to serve under Section |
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36.055, Water Code. |
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Sec. 8855.053. VACANCIES. If a vacancy occurs on the board, |
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the appointing county commissioners court for the vacant position |
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shall appoint a person to fill the vacancy. Section 36.051(c), |
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Water Code, does not apply to the district. |
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Sec. 8855.054. COMPENSATION; REIMBURSEMENT. |
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(a) Notwithstanding Sections 36.060(a) and (d), Water Code, a |
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director may not receive compensation for performing the duties of |
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director. |
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(b) A director is entitled to reimbursement of actual |
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expenses reasonably and necessarily incurred while engaging in |
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activities on behalf of the district. |
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[Sections 8855.055-8855.070 reserved for expansion] |
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SUBCHAPTER D. DISTRICT EXPANSION |
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Sec. 8855.071. EXPANSION OF DISTRICT BOUNDARIES. |
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(a) After the effective date of the Act enacting this chapter, the |
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district territory described in Section 8855.003 shall be expanded |
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to include all of the territory in Navarro County, and the governing |
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board described by Section 8855.051(a) shall be expanded to 10 |
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members and include two directors appointed by the Navarro County |
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Commissioners Court, if: |
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(1) pursuant to Chapter 35, Water Code, the Texas |
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Commission on Environmental Quality designates all or any portion |
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of the territory in Navarro County as a priority groundwater |
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management area; and |
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(2) following the designation described by |
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Subdivision (1), the commissioners court of Navarro County: |
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(A) adopts a resolution that states, "By this |
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action of the Navarro County Commissioners Court, all of the |
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territory in Navarro County, Texas, shall, as of the date of this |
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resolution, be included in the boundaries of the Prairielands |
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Groundwater Conservation District"; and |
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(B) appoints two directors who are registered to |
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vote in Navarro County to the board. |
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(b) A person appointed under this section must qualify to |
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serve under Section 36.055, Water Code. |
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(c) At the first regular meeting of the board following the |
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qualification of both directors, the two directors appointed under |
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this section shall draw lots to determine which director serves a |
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term expiring August 31 of the first odd-numbered year after the |
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directors' appointment, and which director serves a term expiring |
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August 31 of the next odd-numbered year. |
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(d) A director appointed under this section shall otherwise |
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serve in accordance with Subchapter C. |
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[Sections 8855.072-8855.100 reserved for expansion] |
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SUBCHAPTER E. POWERS AND DUTIES |
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Sec. 8855.101. GROUNDWATER CONSERVATION DISTRICT POWERS |
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AND DUTIES. Except as provided by this chapter, the district has |
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the powers and duties provided by the general law of this state |
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applicable to groundwater conservation districts created under |
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Section 59, Article XVI, Texas Constitution, including Chapter 36, |
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Water Code. |
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Sec. 8855.102. CONTRACTS. The district may enter into a |
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contract with any person, public or private, for any purpose |
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authorized by law. |
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Sec. 8855.103. APPLICABILITY OF DISTRICT REGULATIONS. |
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Groundwater regulation under this chapter applies to all persons |
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except as exempted from permitting under Section 36.117, Water |
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Code, or this chapter. |
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Sec. 8855.104. 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 and notwithstanding |
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Section 8855.103, the district may require a well or class of wells |
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exempt from permitting under Chapter 36, Water Code, to comply with |
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the well spacing requirements adopted by the district. The |
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district shall apply well spacing requirements uniformly to any |
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well or class of wells based on the size or capacity of the well and |
|
without regard to the type of use of the groundwater produced by the |
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well. |
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Sec. 8855.105. 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 |
|
under Section 36.117, Water Code, to register the well with the |
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district and, except for a well exempt from permitting under |
|
Section 36.117(b)(1), to report groundwater withdrawals from the |
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well using reasonable and appropriate reporting methods and |
|
frequency. |
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Sec. 8855.106. ENFORCEMENT. (a) The district may enforce |
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this chapter against any person in the manner provided by Chapter |
|
36, Water Code. In lieu of a remedy available to the district under |
|
Section 36.102, Water Code, or in addition to those remedies, the |
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district may impose a fee in addition to a fee assessed under |
|
Section 8855.152 on a person producing groundwater in violation of |
|
a district order or rule, including the failure or refusal to comply |
|
with any district order or rule relating to reducing or ceasing |
|
groundwater use. The purpose of a fee authorized by this subsection |
|
is to serve as a disincentive to producing groundwater except as |
|
authorized by the district. |
|
(b) A fee imposed under Subsection (a) may not exceed an |
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amount equal to 10 times the amount of a fee assessed under Section |
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8855.152. |
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[Sections 8855.107-8855.150 reserved for expansion] |
|
SUBCHAPTER F. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8855.151. TAXES PROHIBITED. The district may not |
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impose a tax. Sections 36.020(a) and 36.201-36.204, Water Code, do |
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not apply to the district. |
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Sec. 8855.152. DISTRICT REVENUES. (a) The district by |
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rule, resolution, or order may establish, amend, pledge, encumber, |
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spend the proceeds from, and assess to any person production fees, |
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based on the amount of groundwater authorized by permit to be |
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withdrawn from a well or on the amount of water actually withdrawn, |
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to enable the district to fulfill its purposes and regulatory |
|
functions as provided by this chapter. The district may use revenue |
|
generated by fees it assesses for any lawful purpose. |
|
(b) Notwithstanding any provision of general law to the |
|
contrary, a fee authorized by Subsection (a) may not exceed: |
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(1) $1 per acre-foot annually for groundwater used for |
|
agricultural purposes; or |
|
(2) 30 cents per thousand gallons annually for |
|
groundwater used for nonagricultural purposes. |
|
(c) Notwithstanding any provision of general law or this |
|
chapter to the contrary, if any, the district may assess a |
|
production fee under this section for groundwater produced from a |
|
well or class of wells exempt from permitting under Section 36.117, |
|
Water Code, except for a well exempt from permitting under Section |
|
36.117(b)(1). A production fee assessed by the district under this |
|
subsection must be based on the amount of groundwater actually |
|
withdrawn from the well and may not exceed the amount established by |
|
the district for permitted uses under Subsection (b)(2) of this |
|
section. |
|
(d) Notwithstanding Section 36.1071(f), Water Code, the |
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district by rule, resolution, or order before the adoption of its |
|
management plan may: |
|
(1) establish, assess, and enforce the collection of |
|
production fees under this section; and |
|
(2) establish and enforce metering and reporting |
|
requirements, except for a well exempt from permitting under |
|
Section 36.117(b)(1), Water Code. |
|
(e) The district by rule may establish a temporary or |
|
permanent discounted fee rate for persons who prepay production |
|
fees to the district under this section on or before the dates |
|
established by district rule. |
|
SECTION 2. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
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 3. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect immediately if it receives a |
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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, 2009. |
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(b) Chapter 8855, Special District Local Laws Code, as added |
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by Section 1 of this Act, takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 726 passed the Senate on |
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April 22, 2009, by the following vote: Yeas 30, Nays 0; |
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May 28, 2009, Senate refused to concur in House amendments and |
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requested appointment of Conference Committee; May 30, 2009, House |
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granted request of the Senate; May 31, 2009, Senate adopted |
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Conference Committee Report by the following vote: Yeas 31, |
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Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 726 passed the House, with |
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amendments, on May 27, 2009, by the following vote: Yeas 148, |
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Nays 0, one present not voting; May 30, 2009, House granted request |
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of the Senate for appointment of Conference Committee; |
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May 31, 2009, House adopted Conference Committee Report by the |
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following vote: Yeas 144, Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |