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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Panola 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 8819 to read as follows: |
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CHAPTER 8819. PANOLA COUNTY GROUNDWATER |
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CONSERVATION DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8819.001. 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 Panola County Groundwater |
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Conservation District. |
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Sec. 8819.002. NATURE OF DISTRICT. The district is a |
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groundwater conservation district in Panola 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. 8819.003. 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 on or before December 31, 2008, the district is |
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dissolved on that date, except that: |
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(1) any debts incurred shall be paid; |
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(2) any assets that remain after the payment of debts |
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shall be transferred to Panola County; and |
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(3) 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. |
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Sec. 8819.004. INITIAL DISTRICT TERRITORY. The initial |
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boundaries of the district are coextensive with the boundaries of |
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Panola County, Texas. |
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Sec. 8819.005. 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 8819.006-8819.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 8819.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a) |
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Not later than the 45th day after the effective date of this |
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chapter, nine temporary directors shall be appointed as follows: |
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(1) the Panola County Commissioners Court shall |
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appoint eight temporary directors, with two 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 Panola 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 Panola 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 election of initial directors under Section |
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8819.023; or |
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(2) the date this subchapter expires under Section |
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8819.026. |
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Sec. 8819.022. 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 Panola County Courthouse. |
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Sec. 8819.023. 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 Panola 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 ____ 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. 8819.024. INITIAL DIRECTORS. (a) If creation of the |
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district is confirmed at an election held under Section 8819.023, |
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the initial directors of the district serve on the board of |
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directors until permanent directors are elected under Section |
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8819.025 or 8819.053. |
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(b) The two initial directors representing each of the four |
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commissioners precincts shall draw lots to determine which of the |
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two directors shall serve a term expiring June 1 following the first |
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regularly scheduled election of directors under Section 8819.025, |
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and which of the two directors shall serve a term expiring June 1 |
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following the second regularly scheduled election of directors. |
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The at-large director shall serve a term expiring June 1 following |
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the second regularly scheduled election of directors. |
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Sec. 8819.025. 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 four directors to replace the initial directors who, under |
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Section 8819.024(b), serve a term expiring June 1 following that |
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election. |
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Sec. 8819.026. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2012. |
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[Sections 8819.027-8819.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8819.051. DIRECTORS; TERMS. (a) The district is |
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governed by a board of nine directors. |
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(b) Directors serve staggered four-year terms, with four or |
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five 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. 8819.052. 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 two directors shall be elected from each |
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county 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. 8819.053. 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. 8819.054. COMPENSATION. (a) Sections 36.060(a), (b), |
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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. 8819.055. 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 8819.056-8819.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8819.101. 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. 8819.102. GROUNDWATER WELLS UNDER RAILROAD COMMISSION |
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JURISDICTION. (a) Except as provided by this section, a |
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groundwater well drilled or operated within the district under a |
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permit issued by the Railroad Commission of Texas is under the |
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jurisdiction of the railroad commission, and, in respect to such a |
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well, the district has only the authority provided by Chapter 36, |
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Water Code. |
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(b) Groundwater produced in an amount authorized by a |
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railroad commission permit may be used within or exported from the |
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district without a permit from the district. |
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(c) To the extent groundwater is produced in excess of |
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railroad commission authorization, the holder of the railroad |
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commission permit: |
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(1) shall apply to the district for the appropriate |
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permit for the excess production; and |
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(2) is subject to the applicable regulatory fees. |
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Sec. 8819.103. 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. 8819.104. PROHIBITION ON DISTRICT USE OF EMINENT |
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DOMAIN POWERS. The district may not exercise the power of eminent |
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domain. |
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Sec. 8819.105. REGIONAL COOPERATION. (a) In this section, |
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"designated groundwater management area" means an area designated |
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as a groundwater management area under Section 35.004, Water Code. |
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(b) To provide for regional continuity, the district shall |
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comply with the requirements of Section 36.108, Water Code, and: |
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(1) participate as needed in coordination meetings |
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with other groundwater conservation districts in its designated |
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groundwater management area; |
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(2) coordinate the collection of data with other |
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groundwater conservation districts in its designated groundwater |
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management area in such a way as to achieve relative uniformity of |
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data type and quality; |
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(3) coordinate efforts to monitor water quality with |
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other groundwater conservation districts in its designated |
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groundwater management area, local governments, and state |
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agencies; |
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(4) provide groundwater level data to other |
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groundwater conservation districts in its designated groundwater |
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management area; |
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(5) investigate any groundwater or aquifer pollution |
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with the intention of locating its source; |
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(6) notify other groundwater conservation districts |
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in its designated groundwater management area and all appropriate |
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agencies of any groundwater pollution detected; |
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(7) annually provide to other groundwater |
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conservation districts in its designated groundwater management |
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area an inventory of water wells and an estimate of groundwater |
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production in the district; and |
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(8) include other groundwater conservation districts |
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in its designated groundwater management area on the mailing lists |
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for district newsletters, seminars, public education events, news |
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articles, and field days. |
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[Sections 8819.106-8819.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8819.151. 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. 8819.152. 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) 6.75 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. 8819.153. 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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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 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. 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. |