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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation, administration, powers, duties, |
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operations and financing of the Upper Trinity Groundwater |
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Conservation District. |
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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 Laws Code, |
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is amended by adding Chapter 8814 to read as follows: |
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CHAPTER 8814. UPPER TRINITY GROUNDWATER CONSERVATION DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8814.001. 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 Upper Trinity Groundwater |
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Conservation District. |
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Sec. 8814.002. DISTRICT TERRITORY. The district is |
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coextensive with and thus encompasses all of the territory within |
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Hood County, Montague County, Parker County, and Wise County, |
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Texas, subject to a confirmation election under Section 8814.009. |
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Sec. 8814.003. NATURE OF DISTRICT; FINDING OF BENEFIT. The |
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district is a groundwater conservation district created under and |
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essential to accomplishing the purposes of Article XVI, Section 59, |
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Texas Constitution. The district is created to serve a public use |
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and benefit. 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 the |
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powers delegated to it by this chapter and by Chapter 36, Water |
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Code. 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 as set forth in Section 59, Article XVI, Texas |
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Constitution, and this Act, including the conservation and |
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management of groundwater resources. |
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Sec. 8814.004. APPLICABILITY OF OTHER LAW. Except as |
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otherwise provided by this chapter, Chapter 36, Water Code, applies |
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to the district. |
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Sec. 8814.005. CONSTRUCTION OF CHAPTER. (a) This chapter |
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shall be liberally construed to achieve the legislative intent and |
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purpose of Chapter 36, Water Code. All powers delegated by Chapter |
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36, Water Code, and by this chapter, shall be broadly interpreted to |
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achieve the intent and purposes of each enactment. |
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(b) This chapter prevails over any provision of general law, |
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including Chapter 36, Water Code, that is in conflict or is |
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inconsistent with this chapter. |
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(c) Notwithstanding Subsection (b) of this section, the |
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following provisions prevail over a conflicting or inconsistent |
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provision of this chapter: |
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(1) Sections 36.107 through 36.108, Water Code; |
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(2) Sections 36.159 through 36.161, Water Code; and |
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(3) Subchapter I, Chapter 36, Water Code. |
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(d) Chapter 49, Water Code, does not apply to the district. |
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Sec. 8814.006. CONFIRMATION ELECTION REQUIRED. (a) If the |
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creation of the district is not confirmed at a confirmation |
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election held pursuant to Section 8814.009 before September 1, |
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2009: |
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(1) the district is dissolved on September 1, 2009, |
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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 in equal proportion to Hood County, |
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Montague County, Parker County, and Wise County; and |
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(C) the organization of the district shall be |
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maintained until all the debts are paid and remaining assets are |
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transferred; and |
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(2) this chapter expires on September 1, 2012. |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 8814.007. APPOINTMENT OF TEMPORARY DIRECTORS. |
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(a) The district will initially be governed by a board of eight |
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temporary directors. This temporary board will consist of the |
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following: |
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(1) Two temporary directors appointed by the Hood |
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County Commissioners Court; |
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(2) Two temporary directors appointed by the Montague |
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County Commissioners Court; |
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(3) Two temporary directors appointed by the Parker |
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County Commissioners Court; |
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(4) Two temporary directors appointed by the Wise |
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County Commissioners Court. |
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(b) Each of the temporary directors shall be appointed |
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within 90 days of the effective date of this chapter. If, after the |
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passage of 90 days from the effective date of this chapter, fewer |
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than eight temporary directors have been appointed, then the |
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unfilled temporary directors positions shall each be considered a |
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vacancy, and shall be filled in accordance with Subsection (c) of |
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this Section. |
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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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this section. |
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(d) To be eligible to serve as a temporary director, a |
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person must be a registered voter in the district and in the county |
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of appointment. |
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(e) Each temporary director must qualify to serve as a |
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director in the manner provided for by Section 36.055, Water Code. |
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(f) The temporary directors shall serve until the earlier |
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of: |
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(1) the time the temporary directors become permanent |
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directors as provided for in Section 8814.010; or |
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(2) the date this chapter expires under Section |
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8814.006. |
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Sec. 8814.008. ORGANIZATIONAL MEETING OF TEMPORARY |
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DIRECTORS. As soon as practicable after each of the eight 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 temporary directors. If an |
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agreement on location cannot be reached, the organizational meeting |
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shall be at the Poolville Junior High School in Parker County. |
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Sec. 8814.009. CONFIRMATION ELECTION. (a) The temporary |
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directors shall order an election to be held within the boundaries |
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of the district to approve the creation of the district. |
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(b) Section 41.001(a), Election Code, does not apply to a |
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confirmation election held as provided by this section. |
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(c) Except as otherwise provided by this section, a |
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confirmation election must be conducted as provided by Sections |
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36.017(b), (c), (e) - (g), Water Code, and the Election Code. |
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(d) The ballot for the election must be printed to provide |
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for voting for or against the following proposition: "The creation |
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of a non-taxing, locally controlled groundwater conservation |
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district to be known as the Upper Trinity Groundwater Conservation |
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District, in lieu and instead of anticipated action by the Texas |
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Commission on Environmental Quality to otherwise establish a |
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conservation and reclamation district within the same or larger |
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area." |
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(e) If a majority of the votes cast at the election are not |
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in favor of the creation of the district, the temporary directors |
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may order a subsequent confirmation election to be held in |
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accordance with this section. |
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Sec. 9914.010. PERMANENT DIRECTORS. (a) Upon |
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confirmation of the district by the voters within the district at an |
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election called for that purpose, within 60 days following the |
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completion of canvassing of the votes in said election, the |
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permanent directors shall be appointed to the board pursuant to and |
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in accordance with Subchapter B of this chapter. |
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(b) If, at the close of the 60-day period provided in |
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Subsection (a), fewer than eight permanent directors have been |
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appointed, then the unfilled permanent directors positions shall |
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each be considered a vacancy, and shall be filled in accordance with |
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Section 8814.007(c). |
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Sec. 8814.011. COMMENCEMENT OF PERMANENT TERMS; INITIAL |
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TERMS. (a) The permanent terms referenced in Section (b) shall |
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commence on the first occurring June 1 of an odd-numbered year |
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following the appointment of permanent directors under Section |
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8814.010. |
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(b) The two permanent directors from each county first |
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appointed pursuant to Section 8814.010 shall draw lots to determine |
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which permanent director from that county shall serve a two-year |
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permanent term and which permanent director from that county shall |
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serve a four-year permanent term. Said permanent terms will |
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commence on the date provided in Subsection (a). |
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(c) The initial terms for the permanent directors appointed |
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pursuant to Section 8814.010 shall extend from the time first |
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appointed pursuant to Section 8814.010 through the end of the |
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directors' first permanent term, as determined by Subsection (b). |
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Sec. 8814.012. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires on September 1, 2012. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec.8814.013. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of eight directors. The board will consist of |
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the following: |
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(1) two directors appointed by the Hood County |
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Commissioners Court; |
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(2) two directors appointed by the Montague County |
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Commissioners Court; |
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(3) two directors appointed by the Parker County |
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Commissioners Court; |
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(4) two directors appointed by the Wise County |
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Commissioners Court. |
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(b) Directors serve staggered four-year terms, with the |
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terms expiring on June 1 of odd numbered years. |
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(c) A director serves until the director's successor has |
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qualified. |
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(d) A director may serve multiple, successive terms. |
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Sec. 8814.014. ELIGIBILITY; QUALIFICATION TO SERVE. |
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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 district and in the county of appointment. |
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(b) Each director must qualify to serve as a director in the |
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manner provided for by Section 36.055, Water Code. |
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Sec. 8814.015. COMPENSATION OF DIRECTORS; REIMBURSEMENT OF |
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EXPENSES. (a) Notwithstanding Section 36.060(a) and (d), Water |
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Code, a director is prohibited from receiving fees of office for |
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performing the duties of director. |
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(b) Notwithstanding Subsection (a), a director is entitled |
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to reimbursement of actual expenses reasonably and necessarily |
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incurred while engaging in activities on behalf of the district. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8814.016. DISTRICT POWERS AND DUTIES. Except as |
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otherwise provided in this chapter, the district has all of the |
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rights, powers, privileges, authority, functions and duties |
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provided to it by the general law of this state, including Chapter |
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36, Water Code, and otherwise by Article XVI, Section 59, Texas |
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Constitution. |
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Sec. 8814.017. EXEMPTION OF CERTAIN WELLS FROM DISTRICT |
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WELL SPACING REQUIREMENTS. Wells already completed and existing |
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within the district on the effective date of this chapter are exempt |
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from any well spacing requirements of the district. A well may lose |
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its exemption under this section if provided by district rule if it |
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is subsequently replaced, re-equipped, or re-completed in a manner |
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that increases the capacity of the well from its capacity on the |
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effective date of this chapter. |
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Sec. 8814.018. APPLICABILITY OF DISTRICT REGULATIONS. |
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(a) All persons are subject to groundwater regulation under this |
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chapter, except as exempted under Section 36.117, Water Code, or |
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this chapter. For a person that is a government or governmental |
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subdivision or agency, sovereign immunity to suit and to liability |
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is waived for the purpose of the district's implementation and |
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enforcement of this chapter, Chapter 36, Water Code, and the rules |
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of the district. |
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(b) Notwithstanding Subsection (a), the district may |
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require any well or class of wells exempt from permitting under |
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Chapter 36, Water Code, to comply with any spacing regulations |
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established by district rule. |
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Sec. 8814.019. PROHIBITION ON CERTAIN ACTIVITIES. (a) The |
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district by rule may prohibit a person from holding or otherwise |
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storing groundwater produced from wells within the district in a |
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surface impoundment if said water is subsequently: |
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(1) made available for commercial sale; or |
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(2) withdrawn or diverted from said holding or storage |
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impoundment for use in commercial or industrial activity. |
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(b) This section does not apply to provision of groundwater |
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for municipal, domestic, or livestock use. |
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Sec. 8814.020. CONTRACTS. The district may enter into |
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contracts with any person, including any public or private entity, |
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for any purpose otherwise authorized by law. |
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Sec. 8814.021. REPORTING REQUIREMENTS FOR CERTAIN EXEMPT |
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WELLS. In lieu of the requirement to obtain a permit from the |
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district for the drilling, equipping, operating, or completing of |
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wells or for substantially altering the size of the wells or well |
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pumps as required by Section 36.113, Water Code, a person drilling |
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or operating a water well exempted under Section 36.117(b)(2), |
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Water Code, shall in accordance with district rules register the |
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well with the district and report periodically to the district the |
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total amount of water withdrawn. |
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Sec. 8814.022. NON-APPLICABILITY. Section 36.121, Water |
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Code, does not apply to the district. |
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Sec. 8814.023. ENFORCEMENT. The district may enforce this |
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chapter in the manner set forth under Chapter 36, Water Code. In |
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lieu of the enforcement remedies available to the district under |
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Section 36.102, Water Code, or in addition to those remedies, the |
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district may assess to any person producing water in violation of |
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the rules or regulations of the district, including failure or |
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refusal to timely comply with any order, rule, or regulation of the |
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district to reduce or cease groundwater usage, an additional fee |
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not to exceed ten times the amount of the fee assessed to the person |
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under Section 8814.025 of this chapter to serve as a disincentive to |
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producing groundwater. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8814.024. TAXES PROHIBITED. The district may not |
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impose a tax. Sections 36.020(a) and 36.201 - 36.204, Water Code, |
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do not apply to the district. |
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Sec. 8814.025. DISTRICT REVENUES. (a) The district by |
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rule, resolution, or order may establish, adjust from time to time, |
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pledge, encumber, expend the proceeds from, and assess to any |
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person production fees based upon the amount of water authorized by |
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permit to be withdrawn from a well, or based upon the amount of |
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water actually withdrawn, to enable the district to fulfill its |
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purposes and regulatory functions as provided by this chapter. The |
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district may use revenues generated by any fees assessed by the |
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district for any lawful purpose. |
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(b) Notwithstanding any provision of general law to the |
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contrary, the fees authorized by Subsection (a) of this section |
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shall not exceed: |
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(1) one dollar ($1.00) per acre-foot annually for |
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water used for agricultural use; or |
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(2) thirty cents ($0.30) per thousand gallons annually |
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for water used for any other purpose. |
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(c) Notwithstanding any provision of general law or this |
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chapter to the contrary, if any, the district may assess a |
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production fee under this section for water produced from a well |
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that is exempt from permitting by the district under Section |
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36.117(b)(2), Water Code. Production fees assessed by the district |
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to the owner or operator of a well described by this subsection |
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shall be based upon the amount of water actually withdrawn from the |
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well and shall not exceed the amount established by the district for |
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permitted uses under Subsection (b)(2). |
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(d) Notwithstanding Section 36.1071(f), Water Code, the |
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district may, prior to the adoption of its management plan, by rule, |
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resolution, or order: |
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(1) establish, assess, and enforce the collection of |
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fees; and |
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(2) establish and enforce metering and reporting |
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requirements. |
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(e) The district by rule may establish a temporary or |
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permanent discounted fee rate for persons who pre-pay fees to the |
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district under this section on or before dates established by |
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district rule. |
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SECTION 2. (a) The proper and legal notice of the |
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intention to introduce this Act, setting forth the general |
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substance of this Act, has been published as provided by law, and |
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the notice and a copy of this Act have been furnished to all |
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persons, agencies, officials, or entities to which they are |
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required to be furnished by the constitution and other laws of this |
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state, including the governor, who has submitted the notice and the |
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Act to the Texas Commission on Environmental Quality. |
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(b) 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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(c) 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 notice, introduction and passage of this Act are fulfilled and |
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accomplished. |
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(d) The Legislature finds that sovereign immunity to suit |
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and to liability by a government or governmental subdivision or |
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agency is already waived for the purpose of implementation and |
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enforcement of Chapter 36, Water Code, by a groundwater |
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conservation district notwithstanding the changes in law made by |
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this Act. |
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SECTION 3. (a) This Act takes effect immediately if it |
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receives the vote of two-thirds of all the members elected to each |
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House, as provided for by Article III, Section 39, of the Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect on September 1, 2007. |
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(b) If the creation of the district is not confirmed at a |
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confirmation election before September 1, 2009, this Act expires on |
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September 1, 2012. |