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SECTION 1. Subtitle H, Title
6, Special District Local Laws Code, is amended by adding Chapter 8873 to
read as follows:
CHAPTER 8873. DEEP EAST
TEXAS GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 8873.001.
DEFINITIONS.
Sec. 8873.002. NATURE OF
DISTRICT; FINDINGS.
Sec. 8873.003.
CONFIRMATION ELECTION REQUIRED
Sec. 8873.004. INITIAL
DISTRICT TERRITORY. (a) Except as provided by Subsection (b), the initial
boundaries of the district are coextensive with the boundaries of Sabine,
San Augustine, and Shelby Counties.
(b) If the creation of
the district is not confirmed by the voters of a county at an election held
under Section 8873.023, that county is not included in the district.
No
equivalent provision.
Sec. 8873.005. ADDITION
OF ADJACENT COUNTY TO DISTRICT.
Sec. 8873.006 LANDOWNERS'
RIGHTS.
Sec. 8873.007. REVIEW OF
RESOLUTION REQUESTING LEGISLATION.
SUBCHAPTER A-1. TEMPORARY
PROVISIONS
Sec. 8873.021.
APPOINTMENT OF TEMPORARY DIRECTORS.
Sec. 8873.022.
ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.
Sec. 8873.023.
CONFIRMATION ELECTION. (a) The temporary directors shall hold an election
on the same date in Sabine, San Augustine, and Shelby Counties to confirm
the creation of the district.
(b) Except as provided by
this section, an election under this section must be conducted as provided
by Sections 36.017(b)-(i), Water Code, and the Election Code. Sections
36.017(d) and (h), Water Code, do not apply to an election under this
section.
(c) The ballot for the
election must be printed to provide for voting for or against the
proposition: "The creation of the Deep East Texas Groundwater
Conservation District and the levy of an ad valorem tax in the district at
a rate not to exceed five cents for each $100 of assessed valuation."
(d) If the proposition
receives a favorable vote of a majority of the voters voting in the
election in two or more counties, the creation of the district is
confirmed.
(e) If the proposition
receives a favorable vote of a majority of the voters voting in the
election in only one county, the creation of the district is not confirmed
unless the commissioners court of that county votes to confirm the creation
of the district. The commissioners court must:
(1) hold two public
hearings on the matter before voting on the matter; and
(2) vote to confirm the
creation of the district not later than the 60th day after the date of the
election.
No
equivalent provision.
Sec. 8873.024. INITIAL
PERMANENT DIRECTORS; INITIAL TERMS.
Sec. 8873.025. EXPIRATION
OF SUBCHAPTER.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 8873.051. GOVERNING
BODY; TERMS. (a) The district is governed by a board of seven, five, or
three directors appointed as provided by this section.
(b) If the voters in
Sabine, San Augustine, and Shelby Counties confirm the creation of the
district, seven directors shall be appointed as follows:
(1) the county judge of
each confirming county shall appoint two directors who are residents of
that county; and
(2) the county judges of
the confirming counties shall by majority vote jointly appoint one
director, who shall serve as board chair, from the district at large.
(c) If the voters in only
two of the counties confirm the creation of the district, five directors
shall be appointed as follows:
(1) the county judge of
each confirming county shall appoint two directors who are residents of
that county; and
(2) the county judges of
the confirming counties shall jointly appoint one director, who shall serve
as board chair, from the district at large.
(d) If the voters and the
commissioners court of only one county confirm the creation of the
district, the county judge of that county:
(1) shall appoint three
directors who are residents of that county and designate one of those
directors as board chair; and
(2) may appoint two
directors, in addition to the three directors appointed under Subdivision
(1), who are residents of that county.
(e) Directors serve
staggered four-year terms, with as near as possible to one-half of the
directors' terms expiring December 31 of each odd-numbered year.
(f) A director may not
serve more than two terms.
Sec. 8873.052. CHANGE IN
COMPOSITION; ADDITIONAL COUNTY
Sec. 8873.053.
QUALIFICATION OF DIRECTORS.
Sec. 8873.054.
VACANCIES.
Sec. 8873.055. COMPENSATION;
REIMBURSEMENT.
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 8873.101.
GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES.
Sec. 8873.102. PERMIT TO
TRANSFER GROUNDWATER.
Sec. 8873.103.
PROHIBITION ON DISTRICT PURCHASE OF GROUNDWATER RIGHTS.
Sec. 8873.104.
PROHIBITION ON DISTRICT PRODUCTION OF GROUNDWATER FOR PURPOSE OF SALE.
Sec. 8873.105.
PROHIBITION ON DISTRICT METERING OF CERTAIN WELLS.
Sec. 8873.106.
PROHIBITION ON DISTRICT USE OF EMINENT DOMAIN POWER.
SUBCHAPTER D. GENERAL
FINANCIAL PROVISIONS
Sec. 8873.151. LIMITATION
ON TAXES.
Sec. 8873.152. PERMIT
FEES REFUNDABLE.
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SECTION 1. Subtitle H, Title
6, Special District Local Laws Code, is amended by adding Chapter 8873 to
read as follows:
CHAPTER 8873. DEEP EAST
TEXAS GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 8873.001.
DEFINITIONS.
Sec. 8873.002. NATURE OF
DISTRICT; FINDINGS.
Sec. 8873.003.
CONFIRMATION ELECTION REQUIRED.
Sec. 8873.004. INITIAL
DISTRICT TERRITORY. (a) Except as provided by Subsections (b) and (c), the initial boundaries of the
district are coextensive with the boundaries of Sabine, San Augustine, and
Shelby Counties.
(b) If the creation of
the district is not confirmed by the voters of a county at an election held
under Section 8873.023, that county is not included in the district.
(c) If a majority of the
voters of the City of Center do not vote at an election under Section
8873.024 in favor of the inclusion in the district of the territory of the
city, as that territory exists on the date of the election, the territory
of the City of Center is not included in the district.
Sec. 8873.005. ADDITION
OF ADJACENT COUNTY TO DISTRICT
Sec. 8873.006.
LANDOWNERS' RIGHTS.
Sec. 8873.007. REVIEW OF
RESOLUTION REQUESTING LEGISLATION
SUBCHAPTER A-1. TEMPORARY
PROVISIONS
Sec. 8873.021.
APPOINTMENT OF TEMPORARY DIRECTORS.
Sec. 8873.022.
ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.
Sec. 8873.023.
CONFIRMATION ELECTION. (a) The temporary directors shall hold an election
on the same date in Sabine, San Augustine, and Shelby Counties and in the City of Center to confirm the
creation of the district.
(b) Except as provided by
this section, an election under this section must be conducted as provided
by Sections 36.017(b)-(i), Water Code, and the Election Code. Sections
36.017(d) and (h), Water Code, do not apply to an election under this
section.
(c) The ballot for the
election must be printed to provide for voting for or against the
proposition: "The creation of the Deep East Texas Groundwater
Conservation District and the levy of an ad valorem tax in the district at
a rate not to exceed five cents for each $100 of assessed valuation."
(d) If the proposition
receives a favorable vote of a majority of the voters voting in the
election in two or more counties, the creation of the district is
confirmed.
(e) If the proposition
receives a favorable vote of a majority of the voters voting in the
election in only one county, the creation of the district is not confirmed
unless the commissioners court of that county votes to confirm the creation
of the district. The commissioners court must:
(1) hold two public
hearings on the matter before voting on the matter; and
(2) vote to confirm the
creation of the district not later than the 60th day after the date of the
election.
Sec. 8873.024. MUNICIPAL
ELECTION. (a) Notwithstanding Section 36.018, Water Code, a separate
voting district shall be established in the City of Center to determine
whether the municipality is to be included in the district.
(b) The territory in the
City of Center shall be included in the district only if a majority of the
voters in the municipal territory of the City of Center vote in favor of
the municipality's inclusion in the district.
Sec. 8873.025. INITIAL
PERMANENT DIRECTORS; INITIAL TERMS.
Sec. 8873.026. EXPIRATION
OF SUBCHAPTER.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 8873.051. GOVERNING
BODY; TERMS. (a) The district is governed by a board of seven, five, or
three directors appointed as provided by this section.
(b) If the voters in
Sabine, San Augustine, and Shelby Counties confirm the creation of the
district, seven directors shall be appointed as follows:
(1) the county judge of
each confirming county shall appoint two directors who are residents of
that county; and
(2) the county judges of
the confirming counties shall by majority vote jointly appoint one
director, who shall serve as board chair, from the district at large.
(c) If the voters in only
two of the counties confirm the creation of the district, five directors
shall be appointed as follows:
(1) the county judge of
each confirming county shall appoint two directors who are residents of
that county; and
(2) the county judges of
the confirming counties shall jointly appoint one director, who shall serve
as board chair, from the district at large.
(d) Notwithstanding Section 36.051(a), Water Code,
if the voters and the commissioners court of only one county confirm the
creation of the district, the county judge of that county:
(1) shall appoint three
directors who are residents of that county and designate one of those
directors as board chair; and
(2) may appoint two
directors, in addition to the three directors appointed under Subdivision (1),
who are residents of that county.
(e) Directors serve
staggered four-year terms, with as near as possible to one-half of the
directors' terms expiring December 31 of each odd-numbered year.
(f) A director may not
serve more than two terms.
Sec. 8873.052. CHANGE IN
COMPOSITION; ADDITIONAL COUNTY.
Sec. 8873.053.
QUALIFICATION OF DIRECTORS.
Sec. 8873.054.
VACANCIES.
Sec. 8873.055.
COMPENSATION; REIMBURSEMENT.
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 8873.101.
GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES.
Sec. 8873.102. PERMIT TO
TRANSFER GROUNDWATER.
Sec. 8873.103.
PROHIBITION ON DISTRICT PURCHASE OF GROUNDWATER RIGHTS.
Sec. 8873.104.
PROHIBITION ON DISTRICT PRODUCTION OF GROUNDWATER FOR PURPOSE OF SALE.
Sec. 8873.105.
PROHIBITION ON DISTRICT METERING OF CERTAIN WELLS.
Sec. 8873.106.
PROHIBITION ON DISTRICT USE OF EMINENT DOMAIN POWER.
SUBCHAPTER D. GENERAL
FINANCIAL PROVISIONS
Sec. 8873.151. LIMITATION
ON TAXES.
Sec. 8873.152. PERMIT
FEES REFUNDABLE.
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