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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 Calhoun County 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 Local Laws |
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Code, is amended by adding Chapter 8860 to read as follows: |
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CHAPTER 8860. CALHOUN COUNTY GROUNDWATER |
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CONSERVATION DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8860.001. 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 Calhoun County Groundwater |
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Conservation District. |
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Sec. 8860.002. NATURE OF DISTRICT. The district is a |
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groundwater conservation district in Calhoun 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. 8860.003. CONFIRMATION ELECTION REQUIRED. If the |
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creation of the district is not confirmed at a confirmation |
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election held under Section 8860.022 before February 28, 2015: |
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(1) the district is dissolved February 28, 2015, |
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except that: |
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(A) any debts incurred shall be paid; |
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(B) any assets that remain after the payment of |
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debts shall be transferred to Calhoun 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 November 1, 2016. |
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Sec. 8860.004. LEGISLATIVE FINDINGS. (a) The organization |
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of the district is feasible and practicable. |
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(b) All land in and residents of the district will benefit |
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from the creation of the district. |
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(c) The creation of the district is a public necessity and |
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will provide a public benefit. |
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Sec. 8860.005. INITIAL DISTRICT TERRITORY. The initial |
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boundaries of the district are coextensive with the boundaries of |
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Calhoun County. |
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Sec. 8860.006. DISTRICT TERRITORY REQUIREMENTS; |
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DISSOLUTION OF DISTRICT. (a) On November 1, 2015, the district |
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boundaries must include at least one county adjacent to Calhoun |
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County. |
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(b) As soon as practicable after November 1, 2015, the Texas |
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Commission on Environmental Quality shall determine whether the |
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district complies with Subsection (a). |
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(c) If the commission determines that the district does not |
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comply with Subsection (a), the commission shall dissolve the |
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district in accordance with Sections 36.304, 36.305, 36.307, |
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36.308, 36.309, and 36.310, Water Code, regardless of whether the |
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district meets the criteria for dissolution under Section |
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36.304(a), Water Code. |
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(d) This section expires November 1, 2016. |
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Sec. 8860.007. CONFLICTS OF LAW. This chapter prevails |
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over any provision of general law, including a provision of Chapter |
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36, Water Code, that is in conflict or is inconsistent with this |
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chapter. |
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[Sections 8860.008-8860.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 8860.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a) Not |
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later than November 11, 2009, the Calhoun County Commissioners |
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Court shall appoint five temporary directors as follows: |
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(1) one temporary director from each of the four |
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commissioners precincts in the county to represent the precincts in |
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which the temporary directors reside; and |
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(2) one temporary director who resides in the district |
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to represent the district at large. |
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(b) To be qualified to serve as a temporary director, a |
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person must be a resident of Calhoun County who is at least 18 years |
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of age. |
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(c) If a temporary director fails to qualify for office or a |
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vacancy occurs on the temporary board, the remaining temporary |
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directors shall appoint a qualified person to fill the vacancy. If |
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at any time there are fewer than three qualified temporary |
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directors, the Calhoun County Commissioners Court shall appoint the |
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necessary number of persons to fill all vacancies on the board. |
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(d) The temporary directors shall select from among |
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themselves a president, a vice president, and a secretary. |
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(e) Temporary directors serve until the earlier of: |
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(1) the date the creation of the district is confirmed |
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at an election held under Section 8860.022; or |
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(2) November 1, 2013. |
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(f) If the creation of the district has not been confirmed |
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under Section 8860.022 and the terms of the temporary directors |
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have expired, successor temporary directors shall be appointed in |
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the manner provided by Subsection (a) to serve terms that expire on |
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the earliest of: |
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(1) the date the district's creation is confirmed at an |
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election held under Section 8860.022; |
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(2) the date the requirements of Section 8860.003(1) |
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are fulfilled; or |
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(3) November 1, 2016. |
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Sec. 8860.022. CONFIRMATION ELECTION. (a) Not later than |
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December 1, 2009, the temporary directors shall meet and shall |
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order an election to be held in the district not later than November |
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1, 2010, to confirm the creation of the district. |
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(b) The ballot for the election shall be printed to provide |
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for voting for or against the proposition: "The creation of the |
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Calhoun County Groundwater Conservation District and the |
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imposition of a fee to pay the maintenance and operating costs of |
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the district." |
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(c) The temporary board may include other propositions on |
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the ballot that the board considers necessary. |
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(d) Section 41.001(a), Election Code, does not apply to an |
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election held under this section. |
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(e) If a majority of the votes cast at the election are in |
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favor of confirming the district's creation, the temporary |
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directors shall declare the district created. If a majority of the |
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votes cast are not in favor of confirming the district's creation, |
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the district's creation is not confirmed. The temporary directors |
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shall file a copy of the election results with the Texas Commission |
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on Environmental Quality. |
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(f) If the district's creation is not confirmed at an |
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election held under this section, the temporary directors may order |
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one or more subsequent elections to be held to confirm the creation |
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of the district not earlier than the first anniversary of the |
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preceding confirmation election. If the district's creation is not |
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confirmed at an election held under this section on or before |
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February 28, 2015, the district is dissolved in accordance with |
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Section 8860.003. |
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Sec. 8860.023. INITIAL DIRECTORS. (a) If the creation of |
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the district is confirmed at an election held under Section |
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8860.022, the temporary directors take office as initial directors |
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of the district, and: |
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(1) the directors for precincts 1 and 3 serve terms |
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that expire on the date of the first regular meeting of the board |
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after the first regularly scheduled directors' election held under |
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Section 8860.024; and |
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(2) the directors for precincts 2 and 4 and the |
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director serving at large serve terms that expire on the date of the |
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first regular meeting of the board after the second regularly |
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scheduled directors' election. |
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(b) If for any reason a director elected at the first or |
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second regularly scheduled election of directors is not qualified |
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to take office at the first regular meeting of the board following |
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the elected director's election, the initial director for that |
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position shall continue to serve until a successor qualifies. |
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Sec. 8860.024. FIRST 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 November of the first 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 for precincts 1 and 3. |
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Sec. 8860.025. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires February 1, 2017. |
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[Sections 8860.026-8860.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8860.051. DIRECTORS; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except for the temporary and initial directors, |
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directors serve staggered terms of four years, with two or three |
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directors' terms expiring on the date of the first regular meeting |
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of the board after an election of directors under Section 8860.053. |
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(c) If a vacancy occurs in the office of director, the board |
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shall appoint a person to fill the vacancy until the next regularly |
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scheduled election of directors. If the position is not scheduled |
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to be filled at the election, the person elected shall serve only |
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for the remainder of the unexpired term. |
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(d) Notwithstanding Section 36.060, Water Code, a director |
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is not entitled to receive compensation for performing the duties |
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of a director. |
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(e) 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 district. |
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Sec. 8860.052. 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. 8860.053. 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 November of each even-numbered year. |
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[Sections 8860.054-8860.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8860.101. GENERAL POWERS AND DUTIES. Except as |
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otherwise provided by this chapter, the district has all of the |
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rights, powers, privileges, functions, and duties provided by the |
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general law of this state, including Chapter 36, Water Code, |
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applicable to groundwater conservation districts created under |
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Section 59, Article XVI, Texas Constitution. |
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Sec. 8860.102. CERTAIN PERMIT DENIALS PROHIBITED. The |
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district may not deny the owner of a tract of land, or the owner's |
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lessee, who does not have a well equipped to produce more than |
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25,000 gallons each day on the tract, either a permit to drill a |
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well on the tract or the privilege to produce groundwater from the |
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tract, subject to district rules. |
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Sec. 8860.103. MITIGATION ASSISTANCE. In addition to the |
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authority granted by Chapter 36, Water Code, the district may |
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assist in the mediation between landowners regarding the loss of |
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existing groundwater supply of exempt domestic and livestock users |
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due to the groundwater pumping of others. |
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Sec. 8860.104. PROHIBITION ON DISTRICT USE OF EMINENT |
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DOMAIN POWER. The district may not exercise the power of eminent |
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domain. |
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[Sections 8860.105-8860.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8860.151. FEES. (a) The board by rule may impose a |
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reasonable fee on each well for which a permit is issued by the |
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district and that is not exempt from regulation by the district. |
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The 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 actual, authorized, or anticipated amount of |
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water to be withdrawn from the well. |
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(b) In addition to a fee imposed under Subsection (a), the |
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district may impose a reasonable fee or surcharge for an export fee |
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using one of the following methods: |
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(1) a fee negotiated between the district and the |
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transporter; or |
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(2) a combined production and export fee. |
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(c) Fees authorized by this section may be assessed annually |
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and may be used to fund the cost of district operations. |
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Sec. 8860.152. TAXES PROHIBITED. The district may not |
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impose a tax and does not have the authority granted by Sections |
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36.020 and 36.201-36.204, Water Code, relating to taxes. |
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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 November 1, 2009. |