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AN ACT
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relating to the creation of the Deep East Texas Groundwater |
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Conservation District; providing authority to issue bonds; |
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providing authority to impose assessments, fees, and taxes. |
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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 8873 to read as follows: |
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CHAPTER 8873. DEEP EAST TEXAS GROUNDWATER CONSERVATION DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8873.001. 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 Deep East Texas Groundwater |
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Conservation District. |
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Sec. 8873.002. NATURE OF DISTRICT; FINDINGS. (a) The |
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district is a groundwater conservation district in Sabine, San |
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Augustine, and Shelby Counties created under and essential to |
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accomplish the purposes of Section 59, Article XVI, Texas |
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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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Sec. 8873.003. 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 8873.023 before September 1, 2015: |
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(1) the district is dissolved on September 1, 2015, |
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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 each county in proportion to the |
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contribution of money made; 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, 2017. |
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Sec. 8873.004. INITIAL DISTRICT TERRITORY. (a) Except as |
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provided by Subsections (b) and (c), the initial boundaries of the |
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district are coextensive with the boundaries of Sabine, San |
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Augustine, and Shelby Counties. |
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(b) If the creation of the district is not confirmed by the |
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voters of a county at an election held under Section 8873.023, that |
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county is not included in the district. |
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(c) If a majority of the voters of the City of Center do not |
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vote at an election under Section 8873.024 in favor of the inclusion |
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in the district of the territory of the city, as that territory |
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exists on the date of the election, the territory of the City of |
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Center is not included in the district. |
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Sec. 8873.005. ADDITION OF ADJACENT COUNTY TO DISTRICT. |
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(a) An adjacent county may petition to join the district by |
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resolution of the county commissioners court. |
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(b) If, after a hearing on the resolution, the board finds |
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that the addition of the county would benefit the district and the |
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county to be added, the board by resolution may approve the addition |
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of the county to the district. |
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(c) The addition of a county under this section is not final |
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until approved by the voters in the county to be added at an |
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election held for that purpose. |
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(d) The ballot for the election shall be printed to permit |
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voting for or against the proposition: "The addition of (county's |
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name) to the Deep East Texas Groundwater Conservation District." |
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(e) If a majority of the votes are cast in favor of the |
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addition of the county to the district, the county is added to the |
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district, and the district boundaries are adjusted accordingly. If |
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less than a majority of the votes are cast in favor of the addition |
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of the county to the district, the county is not added to the |
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district. |
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Sec. 8873.006. LANDOWNERS' RIGHTS. The rights of |
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landowners and their lessees and assigns in groundwater in the |
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district are recognized. Nothing in this chapter shall be |
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construed to deprive or divest the owners or their lessees and |
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assigns of their rights, subject to district rules. |
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Sec. 8873.007. REVIEW OF RESOLUTION REQUESTING |
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LEGISLATION. The board may not vote on a resolution requesting the |
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legislature to amend this chapter unless the board first submits |
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for review a copy of the proposed resolution to the commissioners |
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court of each county included in the district. |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 8873.021. APPOINTMENT OF TEMPORARY DIRECTORS. |
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(a) The district is initially governed by a board of seven |
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temporary directors appointed as provided by Section 8873.051(b). |
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(b) Temporary directors shall be appointed not later than |
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the 90th day after the effective date of the Act enacting this |
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chapter. If after the 90th day fewer than seven temporary directors |
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have been appointed, each unfilled position shall be considered a |
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vacancy and filled in accordance with Subsection (c). |
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(c) If a vacancy occurs on the temporary board, the |
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remaining temporary directors shall appoint a person to fill the |
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vacancy in a manner that meets the representational requirements of |
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Section 8873.051(b). |
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(d) Each temporary director must qualify to serve as a |
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director in the manner provided by Section 36.055, Water Code. |
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(e) Temporary directors serve until the earlier of: |
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(1) the time the temporary directors become the |
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initial permanent directors under Section 8873.025; or |
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(2) the date this chapter expires under Section |
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8873.003. |
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Sec. 8873.022. 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 in the |
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district agreeable to a majority of the directors. |
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Sec. 8873.023. CONFIRMATION ELECTION. (a) The temporary |
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directors shall hold an election on the same date in Sabine, San |
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Augustine, and Shelby Counties and in the City of Center to confirm |
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the creation of the district. |
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(b) 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. Sections |
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36.017(d) and (h), Water Code, do not apply to an election under |
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this section. |
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(c) 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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Deep East Texas Groundwater Conservation District and the levy of |
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an ad valorem tax in the district at a rate not to exceed five cents |
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for each $100 of assessed valuation." |
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(d) If the proposition receives a favorable vote of a |
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majority of the voters voting in the election in two or more |
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counties, the creation of the district is confirmed. |
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(e) If the proposition receives a favorable vote of a |
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majority of the voters voting in the election in only one county, |
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the creation of the district is not confirmed unless the |
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commissioners court of that county votes to confirm the creation of |
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the district. The commissioners court must: |
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(1) hold two public hearings on the matter before |
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voting on the matter; and |
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(2) vote to confirm the creation of the district not |
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later than the 60th day after the date of the election. |
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Sec. 8873.024. MUNICIPAL ELECTION. (a) Notwithstanding |
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Section 36.018, Water Code, a separate voting district shall be |
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established in the City of Center to determine whether the |
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municipality is to be included in the district. |
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(b) The territory in the City of Center shall be included in |
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the district only if a majority of the voters in the municipal |
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territory of the City of Center vote in favor of the municipality's |
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inclusion in the district. |
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Sec. 8873.025. INITIAL PERMANENT DIRECTORS; INITIAL TERMS. |
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(a) If the creation of the district is confirmed under Section |
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8873.023, the temporary directors from the counties that are |
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included in the district become the district's initial permanent |
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directors. |
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(b) If the voters of Sabine, San Augustine, and Shelby |
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Counties confirm the creation of the district at an election held |
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under Section 8873.023: |
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(1) the two directors appointed from each county shall |
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draw lots to determine which director serves an initial term |
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expiring December 31, 2015, and which director serves an initial |
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term expiring December 31, 2017; and |
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(2) the jointly appointed director serves an initial |
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term expiring December 31, 2017. |
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(c) If the voters of only two of the counties confirm the |
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creation of the district: |
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(1) the two directors appointed by the county judge of |
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the county that does not confirm the creation of the district and |
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the director jointly appointed by the county judges of all three |
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counties are no longer eligible to serve as directors and their |
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terms expire; |
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(2) the two directors appointed from each confirming |
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county shall draw lots to determine which director serves an |
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initial term expiring December 31, 2015, and which director serves |
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an initial term expiring December 31, 2017; and |
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(3) the county judges of the confirming counties shall |
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jointly appoint a director as provided by Section 8873.051(c), who |
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serves an initial term expiring December 31, 2017. |
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(d) If the voters and the commissioners court of one county |
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confirm the creation of the district: |
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(1) the four directors appointed by the county judges |
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of the two counties that do not confirm the creation of the district |
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and the director jointly appointed by the county judges of all three |
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counties are no longer eligible to serve as director and their terms |
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expire; |
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(2) the two directors appointed from the confirming |
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county shall draw lots to determine which director serves an |
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initial term expiring December 31, 2015, and which director serves |
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an initial term expiring December 31, 2017; and |
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(3) the county judge of the confirming county: |
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(A) shall appoint one initial director with a |
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term expiring December 31, 2017, as board chair; and |
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(B) may appoint two additional initial directors |
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who are residents of that county and who, if appointed, shall draw |
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lots to determine which director serves an initial term expiring |
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December 31, 2015, and which director serves an initial term |
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expiring December 31, 2017. |
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Sec. 8873.026. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2016. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8873.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of seven, five, or three directors appointed as |
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provided by this section. |
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(b) If the voters in Sabine, San Augustine, and Shelby |
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Counties confirm the creation of the district, seven directors |
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shall be appointed as follows: |
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(1) the county judge of each confirming county shall |
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appoint two directors who are residents of that county; and |
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(2) the county judges of the confirming counties shall |
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by majority vote jointly appoint one director, who shall serve as |
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board chair, from the district at large. |
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(c) If the voters in only two of the counties confirm the |
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creation of the district, five directors shall be appointed as |
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follows: |
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(1) the county judge of each confirming county shall |
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appoint two directors who are residents of that county; and |
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(2) the county judges of the confirming counties shall |
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jointly appoint one director, who shall serve as board chair, from |
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the district at large. |
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(d) Notwithstanding Section 36.051(a), Water Code, if the |
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voters and the commissioners court of only one county confirm the |
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creation of the district, the county judge of that county: |
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(1) shall appoint three directors who are residents of |
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that county and designate one of those directors as board chair; and |
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(2) may appoint two directors, in addition to the |
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three directors appointed under Subdivision (1), who are residents |
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of that county. |
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(e) Directors serve staggered four-year terms, with as near |
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as possible to one-half of the directors' terms expiring December |
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31 of each odd-numbered year. |
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(f) A director may not serve more than two terms. |
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Sec. 8873.052. CHANGE IN COMPOSITION; ADDITIONAL COUNTY. |
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If a county is added to the district, the board may change the |
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number of directors so that: |
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(1) an equal number of directors are appointed by the |
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county judge of each county in the district; |
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(2) one director is appointed jointly by the county |
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judges of each county in the district; and |
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(3) the board is composed of an odd number of |
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directors. |
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Sec. 8873.053. QUALIFICATION OF DIRECTORS. Each director |
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must qualify to serve as a director in the manner provided by |
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Section 36.055, Water Code. |
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Sec. 8873.054. VACANCIES. If a vacancy occurs on the board, |
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the appointing county judge or, if applicable, the appointing |
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county judges for the vacant position shall appoint a person to fill |
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the vacancy in a manner that meets the representational |
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requirements of Section 8873.051. Section 36.051(c), Water Code, |
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does not apply to the district. |
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Sec. 8873.055. 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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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8873.101. 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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including Chapter 36, Water Code, applicable to groundwater |
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conservation districts created under Section 59, Article XVI, Texas |
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Constitution. |
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Sec. 8873.102. PERMIT TO TRANSFER GROUNDWATER. (a) The |
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board by rule may: |
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(1) require a person to obtain a permit from the |
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district to transfer groundwater out of the district; and |
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(2) regulate the terms of a transfer of groundwater |
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out of the district. |
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(b) A rule adopted by the board under this section must be |
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consistent with the requirements of Section 36.122, Water Code. |
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Sec. 8873.103. PROHIBITION ON DISTRICT PURCHASE OF |
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GROUNDWATER RIGHTS. The district may not purchase groundwater |
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rights for any purpose. |
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Sec. 8873.104. PROHIBITION ON DISTRICT PRODUCTION OF |
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GROUNDWATER FOR PURPOSE OF SALE. The district may not produce |
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groundwater for the purpose of sale. |
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Sec. 8873.105. PROHIBITION ON DISTRICT METERING OF CERTAIN |
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WELLS. The district may not require that a meter be placed on a well |
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that is incapable of producing more than 25,000 gallons of |
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groundwater per day. |
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Sec. 8873.106. 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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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8873.151. LIMITATION ON TAXES. The district may not |
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impose ad valorem taxes at a rate that exceeds five cents on each |
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$100 valuation of taxable property in the district. |
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Sec. 8873.152. PERMIT FEES REFUNDABLE. The district shall |
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refund a fee collected by the district that relates to an |
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application for or the issuance of a permit if: |
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(1) the permit relates to a well that is incapable of |
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producing more than 25,000 gallons of groundwater per day; and |
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(2) the applicant for the permit has complied with the |
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applicable law and district rules relating to the issuance of the |
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permit. |
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SECTION 2. (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, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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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, the |
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lieutenant governor, and the speaker of the house of |
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representatives 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. 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, 2013. |
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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. 1840 passed the Senate on |
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April 25, 2013, by the following vote: Yeas 30, 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. 1840 passed the House on |
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May 17, 2013, by the following vote: Yeas 134, Nays 0, two |
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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 |