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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 Heart's Delight Groundwater |
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Conservation District; providing conditional authority to impose a |
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tax and 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 8805 to read as follows: |
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CHAPTER 8805. HEART'S DELIGHT GROUNDWATER |
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CONSERVATION DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8805.001. 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 Heart's Delight Groundwater |
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Conservation District. |
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Sec. 8805.002. NATURE OF DISTRICT. The district is a |
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groundwater conservation district in Brooks 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. 8805.003. 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 September 1, 2012: |
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(1) the district is dissolved on September 1, 2012, |
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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 Brooks County; and |
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(C) the organization of the district shall be |
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maintained until all debts are paid and remaining assets are |
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transferred; and |
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(2) this chapter expires September 1, 2012. |
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Sec. 8805.004. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose or collect an assessment or tax; or |
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(4) legality or operation. |
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Sec. 8805.005. CONSTRUCTION OF CHAPTER. This chapter shall |
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be liberally construed to achieve the legislative intent and |
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purposes of Chapter 36, Water Code. A power granted by Chapter 36, |
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Water Code, or this chapter shall be broadly interpreted to achieve |
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that intent and those purposes. |
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Sec. 8805.006. APPLICABILITY OF OTHER GROUNDWATER |
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CONSERVATION DISTRICT LAW. (a) Except as otherwise provided by |
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this chapter, Chapter 36, Water Code, applies to the district. |
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(b) Section 36.121, Water Code, does not apply to the |
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district. |
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[Sections 8805.007-8805.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 8805.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a) |
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Five temporary directors shall be appointed as follows: |
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(1) the Brooks County Commissioners Court shall |
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appoint four temporary directors, with one temporary director |
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appointed from each of the four commissioners precincts in the |
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county to represent the precincts in which the temporary directors |
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reside; and |
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(2) the county judge of Brooks 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) If there is a vacancy on the temporary board of |
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directors of the district, the remaining temporary directors shall |
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appoint a person to fill the vacancy in a manner that meets the |
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representational requirements of this section. |
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(c) Temporary directors serve until the earlier of: |
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(1) the time the temporary directors become initial |
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directors under Section 8805.024; or |
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(2) the date this chapter expires under Section |
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8805.003. |
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Sec. 8805.022. 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 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 Brooks County Courthouse. |
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Sec. 8805.023. CONFIRMATION ELECTION. (a) The temporary |
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directors shall hold an election to confirm the creation of the |
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district. |
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(b) Section 41.001(a), Election Code, does not apply to an |
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election held as provided by this section. |
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(c) 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)-(f), Water Code, and the Election Code. The provisions of |
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Section 36.017(d), Water Code, relating to the election of |
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permanent directors and ballot language for the levy of a tax do not |
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apply to an election under this section. |
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(d) The ballot for the election must be printed to provide |
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for voting for or against the proposition: "The creation of the |
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Heart's Delight Groundwater Conservation District." |
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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 call a subsequent confirmation election to be held not sooner |
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than the first anniversary of the preceding confirmation election. |
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Sec. 8805.024. INITIAL DIRECTORS. (a) If creation of the |
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district is confirmed at an election held under Section 8805.023, |
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the temporary directors of the district become the initial |
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directors of the district and serve on the board of directors until |
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permanent directors are elected under Section 8805.025. |
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(b) The initial director for commissioner precinct 2 and the |
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initial at-large director serve terms expiring June 1 following the |
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first regularly scheduled election of directors under Section |
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8805.025, and the initial directors for commissioners precincts 1, |
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3, and 4 serve terms expiring June 1 following the second regularly |
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scheduled election of directors. |
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Sec. 8805.025. 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 second even-numbered year after the year in |
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which the district is authorized to be created at a confirmation |
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election, an election shall be held in the district for the election |
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of two directors to replace the initial directors who, under |
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Section 8805.024(b), serve a term expiring June 1 following that |
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election. |
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Sec. 8805.026. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2012. |
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[Sections 8805.027-8805.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8805.051. DIRECTORS; TERMS. (a) The district is |
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governed by a board of five directors. |
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(b) Except for temporary or initial directors, directors |
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serve staggered four-year terms, with two or three directors' terms |
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expiring June 1 of each even-numbered year. |
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(c) A director may serve consecutive terms. |
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Sec. 8805.052. METHOD OF ELECTING DIRECTORS: COMMISSIONERS |
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PRECINCTS. (a) The directors of the district shall be elected |
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according to the commissioners precinct method as provided by this |
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section. |
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(b) One director shall be elected by the voters of the |
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entire district, and one director shall be elected from each county |
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commissioners precinct by the voters of that precinct. |
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(c) Except as provided by Subsection (e), to be eligible to |
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be a candidate for or to serve as director at large, a person must be |
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a registered voter in the district. To be a candidate for or to |
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serve as director from a county commissioners precinct, a person |
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must be a registered voter of that precinct. |
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(d) A person shall indicate on the application for a place |
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on the ballot: |
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(1) the precinct that the person seeks to represent; |
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or |
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(2) that the person seeks to represent the district at |
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large. |
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(e) When the boundaries of the county commissioners |
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precincts are redrawn after each federal decennial census to |
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reflect population changes, a director in office on the effective |
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date of the change, or a director elected or appointed before the |
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effective date of the change whose term of office begins on or after |
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the effective date of the change, shall serve in the precinct to |
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which elected or appointed even though the change in boundaries |
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places the person's residence outside the precinct for which the |
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person was elected or appointed. |
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Sec. 8805.053. 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. 8805.054. DIVISION OF MUNICIPALITY. The provision of |
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Section 36.059(b), Water Code, concerning the division of a |
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municipal corporation among precincts does not apply to the |
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district. |
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Sec. 8805.055. FEES OF OFFICE; REIMBURSEMENT. (a) |
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Notwithstanding Sections 36.060(a) and (d), Water Code, a director |
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may not receive fees of office for performing the duties of |
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director. |
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(b) A director is entitled to receive reimbursement of |
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actual expenses reasonably and necessarily incurred while engaging |
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in activities on behalf of the district in accordance with Sections |
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36.060(b) and (c), Water Code. |
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[Sections 8805.056-8805.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8805.101. 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. 8805.102. CONTRACTS. The district may enter into a |
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contract with any person for any purpose authorized by law. |
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[Sections 8805.103-8805.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8805.151. FEES. (a) The board by rule may impose |
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reasonable fees, including production 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) The board by rule may assess a reasonable fee for a |
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service rendered by the district. |
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(c) In addition to the production fee authorized under this |
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section, the district may assess an export fee or surcharge on |
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groundwater from a well that is produced for transport outside the |
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district as provided by Section 8805.152. |
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(d) 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. 8805.152. IMPACT OF TRANSFER. (a) If the district |
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finds that a transfer of groundwater out of the district negatively |
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impacts any of the factors described by Section 36.122(f), Water |
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Code, the district may impose additional requirements or |
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limitations on the permit that are designed to minimize those |
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impacts. |
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(b) Sections 36.122(c), (i), and (j), Water Code, do not |
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apply to a requirement or limitation imposed under this section. |
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(c) The district may impose a fee or surcharge as an export |
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fee. The rate restrictions under Section 36.122(e), Water Code, do |
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not apply to a fee or surcharge imposed under this subsection. |
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Sec. 8805.153. TAXES. If the board finds that reasonable |
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fees imposed by the district are insufficient to cover necessary |
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costs of district operations and maintenance, the board may hold an |
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election to authorize imposing ad valorem taxes at a rate not to |
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exceed four cents on each $100 of assessed valuation. The board |
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must hold the election in the manner provided by Section 36.201, |
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Water Code, to obtain voter approval before the district may impose |
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an operations and maintenance tax. |
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Sec. 8805.154. BONDS. The district may issue bonds as |
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provided by Section 36.020(b) and Subchapter F, Chapter 36, Water |
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Code. |
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Sec. 8805.155. GRANTS. The district may solicit and accept |
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grants for any district purpose. |
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SECTION 2. The initial boundaries of the Heart's Delight |
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Groundwater Conservation District are coextensive with the |
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boundaries of Brooks County, Texas, and include all real property |
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in Brooks County save and except the portions of Brooks County which |
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are located within the boundaries of the Kenedy County Groundwater |
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Conservation District as of January 1, 2007, to wit that portion of |
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the 105,095.57-acre tract of land known as the Lasater or Encino |
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Ranch that is described as Tract Four of that certain Mineral |
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Interests Deed dated December 31, 1977, between King Ranch, Inc., |
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Grantor, and Helen K. Groves, et al, Grantees, recorded in Volume |
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25, Page 166-175, O&G Records, Kenedy County, Texas, that is |
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located in Brooks County, Texas, containing 77,329.25 acres of |
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land, more or less, with the exception of the following surveys in |
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Brooks County which are excluded from said Tract Four: |
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(1) Survey 141, Certificate 181, Tex-Mex. Ry. Co. |
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(2) Survey 143, Certificate 181, Tex-Mex. Ry. Co. |
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(3) Survey 145, Certificate 181, Tex-Mex. Ry. Co. |
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SECTION 3. The initial board of directors of the Heart's |
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Delight Groundwater Conservation District shall hold the first |
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regularly scheduled election of directors of the Heart's Delight |
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Groundwater Conservation District under Section 8805.053, Special |
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District Local Laws Code, as added by this Act, on the uniform |
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election date in May in the second even-numbered year following the |
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year in which the district's creation is confirmed under Section |
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8805.023, Special District Local Laws Code, as added by this Act. |
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SECTION 4. (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 5. 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. |