TLC: Special District Local Laws Code Proposed Chapters

81C110(3) JRH

CHAPTER 8834. FORT BEND SUBSIDENCE DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8834.001. DEFINITIONS ............................... 3

Sec. 8834.002. NATURE OF DISTRICT ........................ 8

Sec. 8834.003. PURPOSE; LEGISLATIVE INTENT ............... 8

Sec. 8834.004. FINDINGS OF PUBLIC USE AND BENEFIT ........ 9

Sec. 8834.005. DISTRICT TERRITORY ........................ 9

Sec. 8834.006. CERTAIN OTHER STATUTES INAPPLICABLE ....... 10

[Sections 8834.007-8834.050 reserved for expansion]

SUBCHAPTER B. DISTRICT ADMINISTRATION

Sec. 8834.051. DIRECTORS ................................. 11

Sec. 8834.052. BOARD POWERS AND DUTIES ................... 13

Sec. 8834.053. OFFICIAL BOARD ACTIONS .................... 14

Sec. 8834.054. DIRECTOR'S BOND ........................... 14

Sec. 8834.055. OFFICERS .................................. 14

Sec. 8834.056. MEETINGS .................................. 15

Sec. 8834.057. APPLICABILITY OF OPEN MEETINGS LAW ........ 16

Sec. 8834.058. COMPENSATION AND REIMBURSEMENT OF

DIRECTORS ............................... 16

Sec. 8834.059. VACANCIES ................................. 17

Sec. 8834.060. DISTRICT POLICIES ......................... 17

Sec. 8834.061. GENERAL MANAGER ........................... 18

Sec. 8834.062. PERSONNEL ................................. 19

Sec. 8834.063. BENEFITS .................................. 20

Sec. 8834.064. BOND FOR EMPLOYEE RESPONSIBLE FOR MONEY ... 21

Sec. 8834.065. DISTRICT OFFICE ........................... 21

Sec. 8834.066. MAINTENANCE OF RECORDS; PUBLIC

INSPECTION .............................. 22

Sec. 8834.067. SEAL ...................................... 22

[Sections 8834.068-8834.100 reserved for expansion]

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8834.101. DISTRICT PLAN ............................. 23

Sec. 8834.102. ADOPTION OF DISTRICT PLAN ................. 25

Sec. 8834.103. WATER CONSERVATION MEASURES ............... 26

Sec. 8834.104. ANNUAL GROUNDWATER WITHDRAWAL

DETERMINATION ........................... 26

Sec. 8834.105. MONITORING AND SUPERVISION BY DISTRICT .... 27

Sec. 8834.106. DISTRICT RESEARCH ......................... 28

Sec. 8834.107. STUDIES BY BOARD STAFF .................... 29

Sec. 8834.108. SALE OR DISTRIBUTION OF WATER

PROHIBITED .............................. 29

Sec. 8834.109. ACCESS TO PROPERTY ........................ 30

Sec. 8834.110. GENERAL POWERS RELATED TO PROPERTY AND

CONTRACTS ............................... 30

Sec. 8834.111. COOPERATION WITH GOVERNMENTAL ENTITIES .... 32

Sec. 8834.112. RULES ..................................... 32

Sec. 8834.113. CONSIDERATIONS FOR RULES AND ORDERS ....... 32

Sec. 8834.114. HEARINGS .................................. 33

Sec. 8834.115. NOTICE OF HEARINGS ........................ 34

Sec. 8834.116. BOARD BYLAWS AND POLICIES ................. 35

Sec. 8834.117. AUTHORITY TO ISSUE SUBPOENAS AND

ADMINISTER OATHS ........................ 35

Sec. 8834.118. SUITS ..................................... 35

[Sections 8834.119-8834.150 reserved for expansion]

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8834.151. DISBURSEMENT OF MONEY ..................... 36

Sec. 8834.152. DISTRICT ACCOUNTS ......................... 37

Sec. 8834.153. FISCAL YEAR ............................... 37

Sec. 8834.154. BUDGET .................................... 37

Sec. 8834.155. AUDIT ..................................... 37

Sec. 8834.156. COPY OF AUDIT ............................. 38

Sec. 8834.157. DEPOSITORY AND INVESTMENTS ................ 38

[Sections 8834.158-8834.200 reserved for expansion]

SUBCHAPTER E. REGULATORY PROVISIONS

Sec. 8834.201. GROUNDWATER WITHDRAWALS SUBJECT TO

BOARD RULE .............................. 40

Sec. 8834.202. CERTAIN WELLS EXEMPT ...................... 40

Sec. 8834.203. REGULATION OF SPACING AND GROUNDWATER

WITHDRAWAL .............................. 41

Sec. 8834.204. WATER-METERING DEVICES .................... 42

Sec. 8834.205. WELL REGISTRATION ......................... 42

Sec. 8834.206. PERMIT REQUIRED ........................... 43

Sec. 8834.207. APPLICATION FOR PERMIT .................... 44

Sec. 8834.208. NOTICE AND HEARING ON PERMIT

APPLICATION ............................. 44

Sec. 8834.209. ISSUANCE OF PERMIT ........................ 45

Sec. 8834.210. TERM OF PERMIT ............................ 47

Sec. 8834.211. RENEWAL OF PERMIT ......................... 48

Sec. 8834.212. PERMIT FEES ............................... 48

Sec. 8834.213. TRANSFERRING PERMIT ....................... 49

Sec. 8834.214. ANNUAL REPORT ............................. 50

Sec. 8834.215. REDUCTION OF GROUNDWATER USE .............. 51

Sec. 8834.216. OPEN OR UNCOVERED WELLS ................... 51

[Sections 8834.217-8834.250 reserved for expansion]

SUBCHAPTER F. APPEAL AND ENFORCEMENT PROVISIONS

Sec. 8834.251. APPEAL OF DISTRICT ACTIONS ................ 52

Sec. 8834.252. INJUNCTIVE RELIEF; CIVIL PENALTY .......... 53

CHAPTER 8834. FORT BEND SUBSIDENCE DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Revised Law

Sec. 8834.001. DEFINITIONS. In this chapter:

(1) "Beneficial use" means any use that is useful or beneficial to the user, including:

(A) an agricultural, gardening, domestic, stock raising, municipal, mining, manufacturing, industrial, commercial, or recreational use, or a use for pleasure purposes; or

(B) exploring for, producing, handling, or treating oil, gas, sulfur, or other minerals.

(2) "Board" means the district's board of directors.

(3) "Commission" means the Texas Commission on Environmental Quality.

(4) "District" means the Fort Bend Subsidence District.

(5) "Groundwater" means water existing below the earth's surface in the district. The term does not include water produced with oil in the production of oil and gas.

(6) "Subsidence" means the lowering in elevation of the surface of land by groundwater withdrawal.

(7) "Waste" means:

(A) groundwater withdrawal from a groundwater reservoir at a rate and in an amount that causes or threatens to cause intrusion into the reservoir of water unsuitable for agricultural, gardening, domestic, or stock raising purposes;

(B) groundwater withdrawal from a groundwater reservoir through a well if the water withdrawn is not used for a beneficial use or if the amount used is more than is reasonably required for a beneficial use;

(C) escape of groundwater from a groundwater reservoir to any other reservoir or geologic strata that does not contain groundwater;

(D) pollution or harmful alteration of groundwater in a groundwater reservoir by saltwater or other harmful matter admitted from another stratum or from the surface of the ground;

(E) unless the discharge is authorized by a permit, rule, or order issued by the commission under Chapter 26, Water Code, wilfully or negligently causing, suffering, or allowing groundwater to escape or flow:

(i) into a river, creek, natural watercourse, depression, lake, reservoir, drain, sewer, street, highway, road, or road ditch; or

(ii) onto land that does not belong to the owner of the well;

(F) unless the occupant of the land receiving the discharge granted permission for the discharge, the escape of groundwater pumped for irrigation as irrigation tailwater onto land that does not belong to the owner of the well; or

(G) wilfully causing or knowingly permitting the water withdrawn from an artesian well to run off the owner's land or to percolate through the stratum above which the water is found, as prescribed by Section 11.205, Water Code.

(8) "Well" means a facility, device, or method used to withdraw groundwater.

(9) "Withdrawal" means the act of extracting by pumping or another method. (Acts 71st Leg., R.S., Ch. 1045, Secs. 2(2), (3), (4), (5), (6), (8), (9), (11), (15).)

Source Law

Sec. 2. In this Act:

(2) "District" means the Fort Bend Subsidence District.

(3) "Board" means the board of directors of the Fort Bend Subsidence District.

(4) "Groundwater" means water existing below the earth's surface within the district, but does not include water produced with oil in the production of oil and gas.

(5) "Well" means a facility, device, or method used to withdraw groundwater.

(6) "Withdraw" means the act of extracting groundwater by pumping or some other method.

(8) "Subsidence" means the lowering in elevation of the surface of land by the withdrawal of groundwater.

(9) "Commission" means the Texas Commission on Environmental Quality.

(11) "Beneficial use" means any use that is useful or beneficial to the user, including:

(A) an agricultural, gardening, domestic, stock raising, municipal, mining, manufacturing, industrial, commercial, or recreational use, or a use for pleasure purposes; or

(B) exploring for, producing, handling, or treating oil, gas, sulfur, or other minerals.

(15) "Waste" means:

(A) the withdrawal of groundwater from a groundwater reservoir at a rate and in an amount that causes or threatens to cause intrusion into the reservoir of water unsuitable for agricultural, gardening, domestic, or stock raising purposes;

(B) the flowing or producing of wells from a groundwater reservoir if the water produced is not used for a beneficial use or if the amount used is more than is reasonably required for a beneficial use;

(C) the escape of groundwater from a groundwater reservoir to any other reservoir or geologic strata that does not contain groundwater;

(D) the pollution or harmful alteration of groundwater in a groundwater reservoir by saltwater or other harmful matter admitted from another stratum or from the surface of the ground;

(E) wilfully or negligently causing, suffering, or allowing groundwater to escape or flow into a river, creek, natural watercourse, depression, lake, reservoir, drain, sewer, street, highway, road, or road ditch, or onto land that does not belong to the owner of the well unless the discharge is authorized by a permit, rule, or order issued by the commission under Chapter 26, Water Code;

(F) the escape of groundwater pumped for irrigation as irrigation tailwater onto land that does not belong to the owner of the well unless the occupant of the land receiving the discharge granted permission for the discharge; or

(G) wilfully causing or knowingly permitting the water produced from an artesian well to run off the owner's land or to percolate through the stratum above which the water is found, as prescribed by Section 11.205, Water Code.

Revisor's Note

(1) Section 2(6), Chapter 1045, Acts of the 71st Legislature, Regular Session, 1989, defines "withdraw." The revised law substitutes "withdrawal" for "withdraw" because "withdrawal" is the term used in the chapter. The revised law omits the reference to "groundwater" found in the source law definition because each instance of "withdrawal" in the revised law is clearly in the context of groundwater withdrawal.

(2) Section 2(1), Chapter 1045, Acts of the 71st Legislature, Regular Session, 1989, defines "person" as including "a corporation, … and any other legal entity." The revised law omits the definition because it duplicates, in substance, the definition of "person" provided by Section 311.005(2), Government Code (Code Construction Act). The omitted law reads:

(1) "Person" includes a corporation, individual, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, or association, and any other legal entity.

(3) Sections 2(10), (12), (13), and (14), Chapter 1045, Acts of the 71st Legislature, Regular Session, 1989, define "agricultural crop," "florist item," "nursery grower," and "nursery product." Those definitions are omitted from the revised law because those terms appear nowhere else in the source law. The omitted law reads:

(10) "Agricultural crop":

(A) means food or fiber commodities that are grown for resale or commercial purposes and that are to be used for food, clothing, or animal feed; and

(B) includes nursery products and florist items that are in the possession of a nursery grower.

(12) "Florist item" means a cut flower, potted plant, blooming plant, inside foliage plant, bedding plant, corsage flower, cut foliage, floral decoration, or live decorative material.

(13) "Nursery grower" means a person who grows in any medium more than 50 percent of the nursery products or florist items that the person sells or leases. A person grows a nursery product or florist item if the person cultivates or propagates the product or item by engaging in activities associated with the production or multiplying of stock, including the development of new plants from cuttings, grafts, plugs, or seedlings. The term does not include a person who merely holds or maintains a nursery product or florist item before sale or lease.

(14) "Nursery product" includes a tree, shrub, vine, cutting, graft, scion, grass, bulb, or bud that is grown or kept for, or capable of, propagation and distribution for sale or lease.

(4) Section 2(15), Chapter 1045, Acts of the 71st Legislature, Regular Session, 1989, refers to "the flowing or producing of wells." Throughout this chapter, the revised law substitutes "withdraw" or "withdrawal" for "flow" or "flowing" and "produce" or "producing" because the terms are synonymous with "withdraw" or "withdrawal" and "withdraw" and "withdrawal" are more commonly used.

Revised Law

Sec. 8834.002. NATURE OF DISTRICT. The district is:

(1) a conservation and reclamation district created under Section 59, Article XVI, Texas Constitution; and

(2) a political subdivision of the state. (Acts 71st Leg., R.S., Ch. 1045, Sec. 3(a) (part).)

Source Law

Sec. 3. (a) Under Article XVI, Section 59, Texas Constitution, a conservation and reclamation district is created to be known as the Fort Bend Subsidence District. The district is … a political subdivision of the state, … .

Revisor's Note

Section 3(a), Chapter 1045, Acts of the 71st Legislature, Regular Session, 1989, provides that the district is a "governmental agency … and a body politic and corporate." The revised law omits the quoted language because it duplicates a portion of Section 59(b), Article XVI, Texas Constitution, which provides that a conservation and reclamation district is a governmental agency and a body politic and corporate. The omitted law reads:

(a) … [The district is] a governmental agency, … and a body politic and corporate.

Revised Law

Sec. 8834.003. PURPOSE; LEGISLATIVE INTENT. (a) The purpose of this chapter is to provide for the regulation of groundwater withdrawal in the district to prevent subsidence, which contributes to or precipitates flooding or overflow in the district, including rising water resulting from a storm or hurricane.

(b) The legislature intends that the district administer and enforce this chapter and exercise the district's rights, powers, and duties in a manner that will effectively and expeditiously accomplish the purposes of this chapter. (Acts 71st Leg., R.S., Ch. 1045, Sec. 1.)

Source Law

Sec. 1. (a) The purpose of this Act is to provide for the regulation of the withdrawal of groundwater within the district created by this Act to prevent subsidence, which contributes to or precipitates flooding, inundation, or overflow of areas within the district, including rising waters resulting from storms or hurricanes.

(b) It is the intent of the legislature that the district created by this Act shall administer and enforce the terms of this Act and shall exercise its rights, powers, and duties in a manner that will effectively and expeditiously accomplish the purposes of this Act.

Revisor's Note

Section 1(a), Chapter 1045, Acts of the 71st Legislature, Regular Session, 1989, refers to subsidence, which precipitates "flooding [or] inundation." The revised law omits "inundation" because, in context, the meaning of that term is included in the meaning of "flooding."

Revised Law

Sec. 8834.004. FINDINGS OF PUBLIC USE AND BENEFIT. The district is created to serve a public use and benefit. (Acts 71st Leg., R.S., Ch. 1045, Sec. 3(b).)

Source Law

(b) The district is created to serve a public use and benefit.

Revised Law

Sec. 8834.005. DISTRICT TERRITORY. The district includes the territory in Fort Bend County unless the district's territory has been modified under other law. (Acts 71st Leg., R.S., Ch. 1045, Sec. 4; New.)

Source Law

Sec. 4. The district includes all of the territory within Fort Bend County.

Revisor's Note

The revision of the law governing the district revises the statutory language describing the territory of the district. Because the district's boundaries are subject to change, that description may not be accurate on the effective date of the revision or at the time of a later reading. For the reader's convenience, the revised law includes a reference to the general authority of the legislature to enact other laws to change the district's territory.

Revised Law

Sec. 8834.006. CERTAIN OTHER STATUTES INAPPLICABLE. Other laws governing the administration or operation of a conservation and reclamation district created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, including Chapters 36 and 49, Water Code, do not apply to the district. (Acts 71st Leg., R.S., Ch. 1045, Sec. 4A(a).)

Source Law

Sec. 4A. (a) Other laws governing the administration or operation of conservation and reclamation districts created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, including Chapters 36 and 49, Water Code, do not apply to the district.

Revisor's Note

Section 4A(b), Chapter 1045, Acts of the 71st Legislature, Regular Session, 1989, provides that, regardless of Section 36.052, Water Code, Chapter 1045 prevails over another law in the case of a conflict or other inconsistency. The revised law omits that provision because it duplicates, in substance, Section 311.026, Government Code (Code Construction Act). It is unnecessary to mention Section 36.052, Water Code, because Section 4A(a), Chapter 1045, revised as this section, provides that Chapter 36 does not apply to the district. The omitted law reads:

(b) Notwithstanding Section 36.052, Water Code, this chapter prevails over any other law in conflict or inconsistent with this Act.

[Sections 8834.007-8834.050 reserved for expansion]

SUBCHAPTER B. DISTRICT ADMINISTRATION

Revised Law

Sec. 8834.051. DIRECTORS. (a) The district is governed by a board of 13 directors appointed as provided by this section.

(b) Directors serve two-year terms.

(d) The persons designated by Subsections (e), (f), and (g) shall appoint directors in January to fill vacancies caused by the expiration of directors' terms. The district shall mail notice regarding the necessity of an appointment to the persons designated by Subsections (e), (f), and (g) not later than the 20th day before the date of the board's January meeting.

(e) The mayor of each of the following municipalities shall appoint a director from the mayor's respective municipality:

(1) Houston;

(2) Missouri City;

(3) Stafford;

(4) Sugar Land;

(5) Rosenberg; and

(6) Richmond.

(f) The Commissioners Court of Fort Bend County shall appoint:

(1) two directors who represent agricultural interests and live in an unincorporated area;

(2) two directors who represent industrial interests; and

(3) two directors who represent business interests.

(g) The mayors of Fort Bend County municipalities other than those listed in Subsection (e) shall appoint one director jointly. (Acts 71st Leg., R.S., Ch. 1045, Secs. 5(a), (b), (c), (d), (f), (h) (part), (j) (part).)

Source Law

Sec. 5. (a) The district is governed by a board of 13 directors.

(b) One director from each of the following cities in Fort Bend County shall be appointed by the mayor of the respective city:

(1) Houston;

(2) Missouri City;

(3) Stafford;

(4) Sugar Land;

(5) Rosenberg; and

(6) Richmond.

(c) The Commissioners Court of Fort Bend County shall appoint two directors who represent agricultural interests and live in an unincorporated area, two directors who represent industrial interests, and two directors who represent business interests.

(d) One director shall be appointed by the mayors of the incorporated cities within the county not listed in Subsection (b) of this section.

(f) All directors must be residents of and qualified voters in the district.

(h) Selection of … directors shall be made each January. Not later than the 20th day before the date of the board's January meeting, the district shall mail notice to the persons designated in Subsections (b), (c), and (d) of this section to choose directors.

(j) … members of the board shall serve for terms of two years.

Revisor's Note

(1) Section 5, Chapter 1045, Acts of the 71st Legislature, Regular Session, 1989, refers to a "city" and to "incorporated cities." The revised law substitutes "municipality" for "city" because the terms are synonymous and "municipality" is the term used in the Local Government Code. The revised law omits "incorporated" because, under the Local Government Code, all municipalities must be incorporated.

(2) Section 5(f), Chapter 1045, Acts of the 71st Legislature, Regular Session, 1989, provides that directors "must be residents of and qualified voters in the district." The revised law omits as unnecessary the requirement that a director be a resident of the district. Section 11.001(a)(2), Election Code, provides that to be eligible to vote in an election, a person must be a resident of the territory covered by the election. As a result, a person must reside in the district to be a qualified voter of the district.

(3) Sections 5(h), (i), and (j), Chapter 1045, Acts of the 71st Legislature, Regular Session, 1989, contain provisions regarding the terms of office for initial directors. Because the terms of the initial directors have expired, the revised law omits the provisions as executed. The omitted law reads:

(h) [Selection of] subsequent [directors] … .

(i) The terms of office for the initial directors shall be as follows:

(1) five members chosen under Subsection (b) of this section and four members chosen under Subsection (c) of this section shall serve for terms expiring January 31, 1991; and

(2) one member chosen under Subsection (b) of this section, two members chosen under Subsection (c) of this section, and the member chosen under Subsection (d) of this section shall serve for terms expiring January 31, 1990.

(j) Except as provided by Subsection (i) of this section, … .

Revised Law

Sec. 8834.052. BOARD POWERS AND DUTIES. (a) The board has all powers necessary or convenient to carry out its responsibilities and accomplish the purpose of this chapter, whether the powers are specifically authorized by this chapter or are implied by this chapter or other law.

(b) The board shall administer this chapter as provided by Section 8834.003. (Acts 71st Leg., R.S., Ch. 1045, Secs. 6(a), (d).)

Source Law

Sec. 6. (a) The board shall administer this Act as provided by Section 1 of this Act.

(d) The board has all other powers necessary or convenient to carry out its responsibilities and achieve the purpose of this Act, whether the powers are specifically authorized by this Act or implied by this Act or other law.

Revised Law

Sec. 8834.053. OFFICIAL BOARD ACTIONS. The affirmative vote of a majority of the directors is required for any official board action. (Acts 71st Leg., R.S., Ch. 1045, Sec. 5(q) (part).)

Source Law

(q) … An official act of the board is not valid without the affirmative vote of a majority of the directors.

Revised Law

Sec. 8834.054. DIRECTOR'S BOND. (a) A director shall execute a bond that is:

(1) for $5,000;

(2) payable to the district; and

(3) conditioned on the faithful performance of the director's duties.

(b) The district shall pay for the bond. (Acts 71st Leg., R.S., Ch. 1045, Sec. 5(p) (part).)

Source Law

(p) Each director … shall execute a bond in the amount of $5,000, payable to the district, conditioned on the faithful performance of the director's duties. The district shall pay for the bond.

Revisor's Note

Section 5(p), Chapter 1045, Acts of the 71st Legislature, Regular Session, 1989, requires each director to make the sworn statement and take the constitutional oath of office prescribed by the Texas Constitution. The revised law omits that provision because Section 1, Article XVI, Texas Constitution, requires all officers, before assuming office, to take the oath or affirmation and subscribe to the sworn or affirmed statement. The omitted law reads:

(p) [Each director] shall make the sworn statement and take the oath of office prescribed by the constitution for public officers and … .

Revised Law

Sec. 8834.055. OFFICERS. (a) Each year, at the first meeting after the new directors take office, the directors shall select a president, a vice president, and a secretary.

(b) An officer selected under Subsection (a) serves at the will of the board and may be removed and replaced by a majority of the board at any time.

(c) The president shall preside over meetings of the board. If the president is not present, the vice president shall preside. (Acts 71st Leg., R.S., Ch. 1045, Secs. 5(l), (m).)

Source Law

(l) Each year at the first meeting after new directors take office, the directors shall select a chairman, a vice-chairman, and a secretary. The chairman, vice-chairman, and secretary shall serve at the pleasure of the board and may be removed and replaced by a majority of the board at any time.

(m) The chairman shall preside over meetings of the board. If the chairman is not present, the vice-chairman shall preside.

Revisor's Note

Section 5, Chapter 1045, Acts of the 71st Legislature, Regular Session, 1989, refers to the "chairman" and "vice-chairman" of the board. Throughout this chapter, the revised law substitutes "president" for "chairman" and "vice president" for "vice-chairman" to avoid the use of a gender-based term. In the context in which the terms are used, the terms have the same meaning.

Revised Law

Sec. 8834.056. MEETINGS. (a) The board shall hold one regular meeting each month at a time set by the board.

(b) The board may hold a special meeting at the call of the president or on the written request of at least three directors. (Acts 71st Leg., R.S., Ch. 1045, Sec. 5(r) (part).)

Source Law

(r) The board shall hold one regular meeting each month at a time set by the board. The board may hold special meetings at the call of the chairman or on the written request of at least three directors. …

Revised Law

Sec. 8834.057. APPLICABILITY OF OPEN MEETINGS LAW. (a) The board shall give notice of board meetings as provided by Chapter 551, Government Code. Failure to provide notice of a regular meeting or an insubstantial defect in notice of any meeting does not affect the validity of any action taken at the meeting.

(b) A meeting of a committee of the board is not subject to Chapter 551, Government Code, if less than a quorum is present at the meeting. (Acts 71st Leg., R.S., Ch. 1045, Sec. 5(r) (part).)

Source Law

(r) … A meeting of a committee of the board where less than a quorum is present is not subject to Chapter 551, Government Code. The board shall give notice of board meetings as provided by Chapter 551, Government Code. Failure to provide notice of a regular meeting or an insubstantial defect in notice of any meeting does not affect the validity of any action taken at the meeting.

Revised Law

Sec. 8834.058. COMPENSATION AND REIMBURSEMENT OF DIRECTORS. (a) A director is entitled to receive fees of office of not more than $150 a day for each day the director is engaged in the exercise of the director's duties. The fees of office may not exceed $9,000 a year.

(b) A director is entitled to receive reimbursement for actual expenses reasonably and necessarily incurred in the exercise of the director's duties under this chapter.

(c) To receive fees of office and reimbursement for expenses, a director must file with the district a verified statement that:

(1) shows the number of days spent in the service of the district; and

(2) provides a general description of the duties performed for each day of service. (Acts 71st Leg., R.S., Ch. 1045, Sec. 5(n).)

Source Law

(n) Each director is entitled to receive fees of office of not more than $150 a day for each day the director is engaged in the exercise of the director's duties. The fees of office may not exceed $9,000 a year. Each director is also entitled to receive reimbursement for actual expenses reasonably and necessarily incurred in the exercise of the director's duties under this Act. To receive fees of office and reimbursement for expenses, each director must file with the district a verified statement that shows the number of days spent in the service of the district and a general description of the duties performed for each day of service.

Revised Law

Sec. 8834.059. VACANCIES. If a vacancy occurs on the board, the person or persons designated by Section 8834.051 to appoint a director for the position that is vacated shall appoint a director to serve the unexpired term. (Acts 71st Leg., R.S., Ch. 1045, Sec. 5(o).)

Source Law

(o) If a vacancy occurs on the board, the person or persons designated in Subsection (b), (c), or (d) of this section to appoint a director for the position that is vacated shall appoint a director to serve the unexpired term.

Revised Law

Sec. 8834.060. DISTRICT POLICIES. The board shall adopt the following written policies:

(1) a code of ethics for district directors, officers, and employees and for persons engaged in handling investments for the district;

(2) a policy relating to travel expenditures;

(3) a policy relating to district investments;

(4) policies and procedures for the selection, monitoring, or review and evaluation of professional services; and

(5) policies that ensure a better use of management information, including the use of:

(A) budgets to plan and control cost; and

(B) uniform reporting requirements based on "Audits of State and Local Governmental Units," published by the American Institute of Certified Public Accountants, and "Governmental Accounting and Financial Reporting Standards," published by the Governmental Accounting Standards Board. (Acts 71st Leg., R.S., Ch. 1045, Sec. 6(g).)

Source Law

(g) The board shall adopt the following written policies:

(1) a code of ethics for district directors, officers, and employees, and persons who are engaged in handling investments for the district;

(2) a policy relating to travel expenditures;

(3) a policy relating to district investments;

(4) policies and procedures for selection, monitoring, or review and evaluation of professional services; and

(5) policies that ensure a better use of management information, including the use of:

(A) budgets to plan and control cost; and

Revised Law

Sec. 8834.061. GENERAL MANAGER. (a) The board may employ a general manager to serve as the chief administrative officer of the district. The district may contract with any person to perform the general manager's duties.

(b) The board may delegate to the general manager the authority to manage and operate the affairs of the district subject only to orders of the board.

(1) administering board orders;

(2) coordinating with state, federal, and local agencies;

(3) supervising development of district plans and programs;

(4) preparing and submitting the annual budget to the board; and

(5) performing other duties assigned by the board.

(d) The general manager shall execute a bond that is:

(1) in an amount set by the board;

(2) payable to the district; and

(3) conditioned on the general manager's faithful performance of the general manager's duties.

(e) The district shall pay for the bond described under Subsection (d).

(f) The board shall determine the compensation and terms of office and employment for the general manager.

(g) The board by a vote of a majority of board members may discharge the general manager. (Acts 71st Leg., R.S., Ch. 1045, Sec. 7.)

Source Law

Sec. 7. (a) The board may employ a general manager who shall be the chief administrative officer of the district. The board may delegate to the general manager the authority to manage and operate the affairs of the district subject only to orders of the board.

(b) The duties of the general manager include:

(1) administration of the orders of the board;

(2) coordination with state, federal, and local agencies;

(3) supervision of the development of plans and programs of the district;

(4) preparation and submission of the annual budget to the board; and

(5) other duties assigned by the board.

(c) The general manager shall execute a bond in an amount determined by the board, payable to the district, conditioned on the faithful performance of his duties. The district shall pay for the bond.

(d) The district may contract with any person to perform the duties of general manager.

(e) The board shall determine the compensation and terms of office and employment for the general manager. The board may discharge the general manager by a vote of a majority of board members.

Revised Law

Sec. 8834.062. PERSONNEL. (a) The general manager shall employ personnel necessary to properly handle district business and operation. The general manager may employ attorneys, bookkeepers, engineers, and other expert and specialized personnel considered necessary.

(b) The general manager shall determine the compensation paid to district employees.

Source Law

Sec. 8. (a) The general manager shall employ personnel necessary for the proper handling of the business and operation of the district and may employ attorneys, bookkeepers, engineers, and other expert and specialized personnel that are considered necessary. The general manager shall determine the compensation to be paid by the district to the employees.

(b) The general manager may discharge employees of the district.

Revised Law

Sec. 8834.063. BENEFITS. (a) The board may provide for and administer retirement, disability, and death compensation funds for the employees of the district.

(b) The board may:

(1) establish a public retirement system as provided by Chapter 810, Government Code; or

(2) provide for a deferred compensation plan as described by Section 457, Internal Revenue Code of 1986.

(1) include hospitalization and medical benefits for district employees as part of the compensation paid to the employees; and

(2) adopt or amend a plan or rule as necessary to provide the benefits described by Subdivision (1).

(d) The board may establish a sick leave pool for district employees in the manner provided for state employees by Subchapter A, Chapter 661, Government Code. (Acts 71st Leg., R.S., Ch. 1045, Secs. 8(d), (e), (f), (g).)

Source Law

(d) The board may provide for and administer retirement, disability, and death compensation funds for the employees of the district.

(e) The board may establish a public retirement system as provided by Chapter 810, Government Code, or provide for a deferred compensation plan as described by Section 457, Internal Revenue Code of 1986.

(f) The board may include hospitalization and medical benefits for its employees as part of the compensation paid to employees and may adopt or amend any plan or rule as necessary to provide hospitalization and medical benefits.

(g) The board may establish a sick leave pool for employees of the district in the same manner as a sick leave pool for state employees is authorized to be created under Subchapter A, Chapter 661, Government Code.

Revised Law

Sec. 8834.064. BOND FOR EMPLOYEE RESPONSIBLE FOR MONEY. (a) The board shall require an employee who collects, pays, or handles district money to provide a good and sufficient bond that is:

(1) in an amount sufficient to safeguard the district;

(2) payable to the district; and

(3) conditioned on:

(A) the faithful performance of the employee's duties; and

(B) accounting for all district money and property under the employee's control.

(b) The district shall pay for the bond. (Acts 71st Leg., R.S., Ch. 1045, Sec. 8(c).)

Source Law

(c) The board shall require an employee who collects, pays, or handles funds of the district to furnish good and sufficient bond, payable to the district, for a sufficient amount to safeguard the district. The bond shall be conditioned on the faithful performance of the employee's duties and on accounting for all funds and property of the district under the employee's control. The district shall pay for the bond.

Revisor's Note

Section 8(c), Chapter 1045, Acts of the 71st Legislature, Regular Session, 1989, refers to monetary assets of the district as "funds." Throughout this chapter, the revised law substitutes "money" for "funds" because, in context, the meaning is the same and "money" is the more commonly used term.

Revised Law

Sec. 8834.065. DISTRICT OFFICE. The board shall maintain its principal office in the district for conducting district business. The office must be in the district. (Acts 71st Leg., R.S., Ch. 1045, Sec. 9.)

Source Law

Sec. 9. The board shall maintain its principal office for conducting the business of the district. The office must be located inside the district.

Revised Law

Sec. 8834.066. MAINTENANCE OF RECORDS; PUBLIC INSPECTION. (a) The district shall:

(1) keep a complete account of board meetings and proceedings; and

(2) maintain in a safe place the board's minutes, contracts, records, notices, accounts, and receipts.

(b) The board's minutes, contracts, records, notices, accounts, and receipts are:

(1) the property of the district; and

(2) subject to public inspection. (Acts 71st Leg., R.S., Ch. 1045, Sec. 10.)

Source Law

Sec. 10. The district shall keep a true and complete account of the board's meetings and proceedings and shall preserve the board's minutes, contracts, records, notices, accounts, and receipts in a safe place. The board's minutes, contracts, records, notices, accounts, and receipts are the property of the district and are subject to public inspection.

Revisor's Note

Section 10, Chapter 1045, Acts of the 71st Legislature, Regular Session, 1989, requires the board to keep a "true" account of all board meetings and proceedings. The revised law omits the reference to "true" because the requirement that an account be kept presumes the requirement that the account be true. In addition, under Section 37.10, Penal Code, a person who knowingly makes a false entry in a governmental record commits the offense of tampering with a governmental record.

Revised Law

Sec. 8834.067. SEAL. The board shall adopt a seal. (Acts 71st Leg., R.S., Ch. 1045, Sec. 12.)

Source Law

Sec. 12. The board shall adopt a seal.

Revisor's Note

(End of Subchapter)

Section 5(q), Chapter 1045, Acts of the 71st Legislature, Regular Session, 1989, provides that a majority of the board constitutes a quorum for the transaction of business. The revised law omits that provision because it duplicates Section 311.013, Government Code (Code Construction Act), which provides that a quorum of a public body is a majority of the number of members fixed by statute. The omitted law reads:

(q) A majority of the directors constitute a quorum for transaction of business of the district. …

[Sections 8834.068-8834.100 reserved for expansion]

SUBCHAPTER C. POWERS AND DUTIES

Revised Law

Sec. 8834.101. DISTRICT PLAN. (a) The board shall formulate a plan to control and mitigate subsidence in the district.

(b) The plan must:

(1) regulate groundwater withdrawals to maintain sufficient artesian pressure to control and mitigate subsidence; and

(2) specify in as much detail as practicable the acts, procedures, performance, and avoidance that are necessary to carry out the purpose of this chapter.

(1) a list of wells in the district subject to regulation under this chapter;

(2) a list of all available sources of water, other than groundwater, in the district;

(3) the purpose for which the water is used and for which it is proposed to be used;

(4) accurate estimates of:

(A) groundwater withdrawal from all wells or proposed wells in the district;

(B) the amount of groundwater that may be withdrawn from each area in the district without causing:

(i) long-term static water level decline; and

(ii) reduction of artesian pressure that will lead to subsidence in the district; and

(5) information relating to formulating a permit system; and

(6) other information necessary to manage groundwater in the district and to effectively and expeditiously carry out the purpose of this chapter. (Acts 71st Leg., R.S., Ch. 1045, Secs. 16(a), (b), (c).)

Source Law

Sec. 16. (a) The board shall formulate a plan to control and mitigate subsidence within the district. The plan shall accomplish this purpose by the regulation of groundwater withdrawals to maintain sufficient artesian pressure to control and mitigate subsidence.

(b) The plan shall specify, in as much detail as practicable, the acts, procedures, performance, and avoidance that are necessary to carry out the purposes of this Act.

(1) a list of wells in the district that will be subject to regulation under this Act;

(2) an accurate estimate of groundwater production from all wells or proposed wells in the district;

(3) an accurate estimate of the amount of groundwater that may be produced from each area in the district without causing long-term static water level decline and reduction of artesian pressure that will lead to subsidence within the district;

(4) an accurate estimate of the current and future water needs in the district;

(5) a list of all available sources of water in the district other than groundwater;

(6) the purpose for which the water is currently used and for which it is proposed to be used in the future;

(7) information relating to formulation of a permit system; and

(8) other information necessary to carry out the management of groundwater in the district and to effectively and expeditiously accomplish the purposes of this Act.

Revised Law

Sec. 8834.102. ADOPTION OF DISTRICT PLAN. (a) The board shall hold a hearing to consider a plan formulated under Section 8834.101.

(b) After the hearing, the board shall:

(1) make any changes it considers necessary according to evidence and material presented at the hearing; and

(2) adopt the plan.

(c) The board may amend or repeal a plan adopted under this section and may adopt a new plan as provided by this section for the adoption of the original plan.

(d) An adopted plan remains in effect until a new plan is adopted. (Acts 71st Leg., R.S., Ch. 1045, Secs. 16(f), (g), (h).)

Source Law

(f) Before a plan is adopted, the board shall hold a hearing to consider the proposed plan.

(g) After the hearing, the board shall make any changes it considers necessary based on evidence and material presented at the hearing and shall adopt the plan.

(h) The plan adopted under this section may be amended or repealed. A new plan may be adopted in the manner provided in this section for the adoption of the original plan. A plan, once adopted, shall remain in effect until the adoption of a new plan.

Revisor's Note

Sections 16(d) and (e), Chapter 1045, Acts of the 71st Legislature, Regular Session, 1989, require the district to formulate and adopt an initial plan. The revised law omits those provisions as executed because the district has adopted its initial plan. The omitted law reads:

(d) The initial plan shall be formulated not later than 12 months after the effective date of this Act.

(e) Not later than the 60th day after the date the initial plan is formulated, the board shall review and adopt the plan.

Revised Law

Sec. 8834.103. WATER CONSERVATION MEASURES. (a) The board may adopt rules requiring the use of water conservation measures to reduce groundwater withdrawals.

(b) The district may cooperate with the commission and a local government to establish water conservation goals, guidelines, and plans to be used in the district.

(c) The district may contract with a local government in the district to provide services needed to meet water conservation requirements that the commission establishes. (Acts 71st Leg., R.S., Ch. 1045, Sec. 36.)

Source Law

Sec. 36. (a) The board may adopt rules requiring the use of water conservation measures to reduce groundwater withdrawals.

(b) The district may cooperate with the commission and a local government to establish water conservation goals, guidelines, and plans to be used in the district.

(c) The district may contract with a local government in the district to provide services needed to meet water conservation requirements established by the commission.

Revised Law

Sec. 8834.104. ANNUAL GROUNDWATER WITHDRAWAL DETERMINATION. (a) Before March 31 of each year, the board shall hold a hearing to determine the effects during the preceding calendar year of groundwater withdrawal on subsidence in the district.

(b) At the hearing, the board shall consider information provided under Sections 8834.107 and 8834.214 and information presented by persons appearing before the board.

(1) consider all information presented to it;

(2) determine groundwater withdrawal in the district during the preceding calendar year; and

(3) make findings on the effects during the preceding calendar year of groundwater withdrawal on subsidence in the district.

(d) The board's findings and determinations under Subsection (c) shall be included in a report adopted by the board. The report shall be made available for examination by any interested person.

(e) The board shall submit the report adopted under Subsection (d) and a copy of the most recent district plan adopted under Section 8834.101 to the appropriate regional water planning group. (Acts 71st Leg., R.S., Ch. 1045, Sec. 24.)

Source Law

Sec. 24. (a) Before March 31 of each year, the board shall hold a hearing to determine the effects during the preceding calendar year of groundwater withdrawal on the subsidence of land within the district.

(b) At the hearing, the board shall consider the annual reports submitted under Section 22 of this Act and the investigation made under Section 23 of this Act in addition to information presented by persons appearing before the board.

(c) After the hearing, the board shall consider all the information presented to it and shall determine the groundwater withdrawal in the district during the preceding calendar year and shall make findings of the effects of groundwater withdrawal during that year on the subsidence of land within the district. A report of the board's findings and determinations shall be made available for examination by any interested person.

(d) The board shall submit the report adopted under Subsection (c) of this section and a copy of the most recent district plan adopted under Section 16 of this Act to the appropriate regional water planning group.

Revisor's Note

Section 24, Chapter 1045, Acts of the 71st Legislature, Regular Session, 1989, refers to "the subsidence of land." Throughout this chapter, the revised law omits "of land" as redundant because "subsidence" is defined by Section 8834.001(6), as "the lowering in elevation of the surface of land by groundwater withdrawal."

Revised Law

Sec. 8834.105. MONITORING AND SUPERVISION BY DISTRICT. (a) The district may use subsidence compaction monitors, water-level observation wells, and other materials and equipment to determine the amount of groundwater that may be withdrawn while allowing groundwater to rebound and stabilize to a level that will halt subsidence.

(b) The district may use global positioning systems and other geodetic survey methods to monitor land surface elevations and measure subsidence.

(c) The district may coordinate monitoring and data collection activities with other entities, including private entities and federal, state, or local governmental entities. (Acts 71st Leg., R.S., Ch. 1045, Sec. 28.)

Source Law

Sec. 28. (a) The district may use subsidence compaction monitors, water level observation wells, and other materials and equipment to determine the amount of groundwater that may be produced while allowing the rebound and stabilization of groundwater to a level that will halt subsidence.

(b) The district may use global positioning systems and other geodetic survey methods to monitor land surface elevations and measure subsidence. The district may coordinate monitoring and data collection activities with other entities, including private entities and federal, state, or local governmental entities.

Revised Law

Sec. 8834.106. DISTRICT RESEARCH. (a) The board may conduct studies and research that the board considers necessary to implement this chapter.

(b) The district may collect any information that the board determines is necessary to implement this chapter, including information regarding the use of groundwater, water conservation, and the practicability of recharging a groundwater reservoir.

(c) The board may use the services of geologists, hydrologists, licensed engineers, licensed geoscientists, or other expert personnel to accomplish the purposes of this section. (Acts 71st Leg., R.S., Ch. 1045, Sec. 29.)

Source Law

Sec. 29. (a) The board may conduct studies and research that it considers necessary to implement this Act. The board may use the services of geologists, hydrologists, licensed professional engineers, licensed professional geoscientists, or other expert personnel to accomplish the purposes of this section.

Revisor's Note

Section 29, Chapter 1045, Acts of the 71st Legislature, Regular Session, 1989, refers to "licensed professional engineers" and "licensed professional geoscientists." The revised law substitutes "licensed engineer" and "licensed geoscientist" for the quoted language to conform to the terminology used in Chapters 1001 and 1002, Occupations Code.

Revised Law

Sec. 8834.107. STUDIES BY BOARD STAFF. At least once each year and at any other time the board considers necessary, the board may have its staff make a complete study of the groundwater in the district and determine:

(1) the water level;

(2) the rates and amounts of groundwater withdrawal; and

(3) other information relating to groundwater withdrawal that may affect subsidence in the district. (Acts 71st Leg., R.S., Ch. 1045, Sec. 23.)

Source Law

Sec. 23. At least once each year and at any other time that the board considers necessary, the board may have its staff make a complete study of the groundwater situation within the district and determine the water level, rates of withdrawal, amounts of withdrawal, and other information relating to the withdrawal of groundwater that may affect the subsidence of land within the district.

Revised Law

Sec. 8834.108. SALE OR DISTRIBUTION OF WATER PROHIBITED. The district may not sell or distribute surface water or groundwater. (Acts 71st Leg., R.S., Ch. 1045, Sec. 38.)

Source Law

Sec. 38. The district may not sell or distribute surface water or groundwater for any purpose.

Revised Law

Sec. 8834.109. ACCESS TO PROPERTY. (a) To carry out technical and other investigations necessary to implement this chapter, the board and its agents and employees are entitled to access to all property in the district.

(b) Before entering property for the purposes of this section, the person seeking access shall:

(1) give notice to the owner of the property as provided by district rules; and

(2) present proper credentials.

(c) The board and its agents and employees who enter private property shall observe the establishment's rules concerning safety, internal security, and fire protection. (Acts 71st Leg., R.S., Ch. 1045, Sec. 27.)

Source Law

Sec. 27. (a) To carry out technical and other investigations necessary to the implementation of this Act, the board and its agents and employees are entitled to access to all property within the district.

(b) Before entering property for the purposes stated in Subsection (a) of this section, the person seeking access shall give notice to the owner of the property in the manner provided by the rules and regulations of the district and shall present proper credentials.

(c) The board, and its agents and employees who enter private property, shall observe the establishment's rules and regulations concerning safety, internal security, and fire protection.

Revised Law

Sec. 8834.110. GENERAL POWERS RELATED TO PROPERTY AND CONTRACTS. (a) The board may:

(1) purchase, lease, own, convey, and dispose of property both inside and outside district territory necessary or convenient to exercise the board's powers, duties, and functions under this chapter;

(2) construct, purchase, lease, or acquire in some other manner any material or property, including supplies, equipment, vehicles, or machinery, necessary to carry out this chapter;

(3) accept a grant, gift, or devise of property; or

(4) accept a grant, gift, loan, or other distribution of money.

(b) The district may make or accept a grant, gratuity, advance, or loan in any form to or from any public source approved by the board, including a governmental entity.

(c) The district may enter into a contract, covenant, or agreement the board considers appropriate related to a grant, gratuity, advance, or loan.

(d) The board may enter into a contract with any person to carry out this chapter.

(e) The district may enter into contracts only in the district's name. (Acts 71st Leg., R.S., Ch. 1045, Secs. 6(f), 31, 35.)

Source Law

[Sec. 6]

(f) The board may purchase materials, supplies, equipment, vehicles, and machinery needed by the district to accomplish its purposes.

Sec. 31. The board may enter into contracts with any person to carry out this Act. The district may enter into contracts only in the district's name.

Sec. 35. (a) On behalf of the district, the board may:

(1) purchase, lease, own, convey, and dispose of property both inside and outside the district necessary or convenient to the exercise of the powers, duties, and functions of the board under this Act;

(2) accept grants, gifts, and devises of property;

(3) construct, purchase, lease, or acquire in some other manner any material or property necessary to carry out this Act; and

(4) accept gifts, grants, loans, or other distributions of money.

(b) The district may make or accept a grant, gratuity, advance, or loan in any form to or from any public source approved by the board, including a governmental entity, and may enter into a contract, agreement, or covenant that the board considers appropriate in connection with a grant, gratuity, advance, or loan.

Revised Law

Sec. 8834.111. COOPERATION WITH GOVERNMENTAL ENTITIES. In implementing this chapter, the board may request the assistance of and cooperate with a local government or an agency of this state or of the United States, including the Texas Water Development Board, the commission, and the United States Geological Survey. (Acts 71st Leg., R.S., Ch. 1045, Sec. 30.)

Source Law

Sec. 30. The board may cooperate with and request the assistance of the Texas Water Development Board, the commission, the United States Geological Survey, local governments, and other agencies of the United States and the State of Texas in implementing this Act.

Revised Law

Sec. 8834.112. RULES. (a) After notice and hearing, the board shall adopt rules designed to expeditiously and effectively implement this chapter and accomplish its purpose, including rules governing procedures before the board. The board shall enforce the rules.

(b) The board may adopt rules to prevent the waste of water or the degradation of water quality.

(c) The board shall compile its rules in a book and make the book available for use and inspection at the district's principal office. The district shall provide copies of its rules on payment of the reproduction cost. (Acts 71st Leg., R.S., Ch. 1045, Sec. 13.)

Source Law

Sec. 13. (a) After notice and hearing, the board shall adopt and enforce rules and regulations that are designed to expeditiously and effectively accomplish the provisions and purposes of this Act, including rules governing procedure before the board. The board may adopt rules to prevent the waste of water or the degradation of water quality.

(b) The board shall compile its rules and regulations in a book and make the book available for use and inspection at the district's principal office. The district shall provide copies of its rules and regulations on payment of the cost of reproduction.

Revised Law

Sec. 8834.113. CONSIDERATIONS FOR RULES AND ORDERS. When adopting a rule or issuing an order, the board shall consider:

(1) the availability of surface water or alternative water supplies;

(2) the economic effects on persons and the community;

(3) the degree and effect of subsidence on the surface of the land; and

(4) the differing topographical and geophysical characteristics of the land. (Acts 71st Leg., R.S., Ch. 1045, Sec. 6(c).)

Source Law

(1) availability of surface water or alternative water supplies;

(2) economic impact on persons and the community;

(3) degree and effect of subsidence on the surface of the land; and

(4) differing topographical and geophysical characteristics of the land.

Revised Law

Sec. 8834.114. HEARINGS. (a) At a regular meeting of the board, the board shall set the date, time, and location for a hearing to be held under this chapter.

(b) The board may hold a hearing at any location in the district and recess a hearing from day to day.

(c) Any person may appear at a hearing and present testimony, evidence, exhibits, or other information in person or by counsel, or both.

(d) The board may use a hearing examiner to hear a subject set for the hearing.

(e) The board shall make the final decision on a subject heard by a hearing examiner. Procedures for use of hearing examiners shall be provided by rule. (Acts 71st Leg., R.S., Ch. 1045, Secs. 14(a), (e), (f), (g), (h).)

Source Law

Sec. 14. (a) At regular meetings of the board, the board shall set the dates, times, and locations for hearings to be held under this Act.

(e) Any person who desires to appear at a hearing and present testimony, evidence, exhibits, or other information may do so in person, by counsel, or both.

(f) The board may hold hearings at any location within the district.

(g) The board may recess a hearing from day to day.

(h) The board may use hearing examiners to hear any subject set for the hearing, but the board shall make any final decision on the subject. Procedures for use of hearing examiners shall be provided by rule.

Revised Law

Sec. 8834.115. NOTICE OF HEARINGS. (a) Not later than the 10th day before the date set for a hearing other than a permit application hearing, the district shall deliver or mail notice of the hearing to:

(1) each county and municipal government in the district; and

(2) each person that the board considers to have an interest in the subject matter of the hearing.

(b) Not later than the 10th day before the date set for a hearing, the district shall:

(1) publish notice of the hearing once in a newspaper of general circulation in each county in the district; and

(2) post notice of the hearing at the county courthouse of each county in the district in the place where notices are usually posted. (Acts 71st Leg., R.S., Ch. 1045, Secs. 14(b), (c), (d).)

Source Law

(b) Not later than the 10th day before the date set for a hearing, other than a hearing on a permit application, the district shall deliver or mail notice of the hearing under this section to each county and municipal government within the district and to each person that the board believes has an interest in the subject matter to be dealt with at the hearing.

(c) Not later than the 10th day before the date set for a hearing, the district shall publish notice of the hearing under this section once in a newspaper of general circulation in each county within the district.

(d) Not later than the 10th day before the date set for a hearing, the district shall post the notice of the hearing under this section at the county courthouse of each county within the district in the place where notices are usually posted.

Revised Law

Sec. 8834.116. BOARD BYLAWS AND POLICIES. The board may adopt bylaws and policies as necessary to accomplish its purposes. (Acts 71st Leg., R.S., Ch. 1045, Sec. 6(e).)

Source Law

(e) The board may adopt bylaws and policies as necessary to accomplish its purposes.

Revised Law

Sec. 8834.117. AUTHORITY TO ISSUE SUBPOENAS AND ADMINISTER OATHS. (a) The board may issue a subpoena to compel the testimony of a person or the production of a document if the testimony or document is necessary to carry out the board's powers, duties, and functions under this chapter.

(b) On application by the board, a district court shall enforce a subpoena issued under Subsection (a) in the same manner as a subpoena issued by the court.

(c) The board may administer an oath to a person who testifies before the board. (Acts 71st Leg., R.S., Ch. 1045, Sec. 15.)

Source Law

Sec. 15. The board may subpoena a person to testify if the person's testimony is necessary to carry out the powers, duties, and functions of the board under this Act. The board may administer oaths to persons who testify before the board. The board may subpoena documents if the documents are necessary to carry out the powers, duties, and functions of the board under this Act. On application of the board, a district court shall enforce the subpoena in the same manner as a subpoena issued by the court.

Revised Law

Sec. 8834.118. SUITS. (a) The district may sue and be sued in the courts of this state in the name of the district by and through the board.

(b) If requested by the district, the attorney general shall represent the district in the district courts and appellate courts of this state and in the courts of the United States.

(c) The board, in the board's sole discretion, may employ attorneys to represent the district in the district courts and appellate courts of this state and the courts of the United States.

(d) The general manager is the agent of the district on whom process, notice, or demand required or permitted by law to be served on the district may be served.

(e) The district is not required to give a bond for appeal, injunction, or costs in any suit to which the district is a party.

(f) If the district prevails in any suit other than a suit in which it voluntarily intervenes, the district may seek and the court shall grant, in the same action, recovery for attorney's fees, costs for expert witnesses, and other costs incurred by the district before the court. The court shall set the amount of the attorney's fees. (Acts 71st Leg., R.S., Ch. 1045, Sec. 11.)

Source Law

Sec. 11. (a) The district may sue and be sued in the courts of this state in the name of the district by and through the board. If requested by the district, the attorney general shall represent the district in the district and appellate courts of this state and in the courts of the United States. The board, in its sole discretion, may employ attorneys to represent the district in the district and appellate courts of this state and in the courts of the United States.

(b) The general manager is the agent of the district on whom process, notice, or demand required or permitted by law to be served on the district may be served.

(d) If the district prevails in any suit other than a suit in which it voluntarily intervenes, the district may seek and the court shall grant, in the same action, recovery for attorney's fees, costs for expert witnesses, and other costs incurred by the district before the court. The court shall set the amount of the attorney's fees.

[Sections 8834.119-8834.150 reserved for expansion]

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Revised Law

Sec. 8834.151. DISBURSEMENT OF MONEY. The district may disburse its money by:

(1) a check, draft, order, or other instrument signed by a person authorized under a board bylaw or board resolution; or

(2) electronic funds transfer. (Acts 71st Leg., R.S., Ch. 1045, Sec. 40.)

Source Law

Sec. 40. The district's money may be disbursed by:

(1) check, draft, order, or other instruments, signed by the person or persons authorized to do so by the board's bylaws or by resolution of the board; or

(2) electronic funds transfer.

Revised Law

Sec. 8834.152. DISTRICT ACCOUNTS. The district shall keep a complete system of the district's accounts. (Acts 71st Leg., R.S., Ch. 1045, Sec. 41(a) (part).)

Source Law

Sec. 41. (a) The district shall keep a complete system of accounts and … .

Revised Law

Sec. 8834.153. FISCAL YEAR. The district's fiscal year is the calendar year. (Acts 71st Leg., R.S., Ch. 1045, Sec. 41(c).)

Source Law

Revised Law

Sec. 8834.154. BUDGET. (a) The board shall adopt an annual budget containing a complete financial statement.

(b) The board may amend the annual budget. (Acts 71st Leg., R.S., Ch. 1045, Sec. 41(d).)

Source Law

(d) The board shall adopt an annual budget containing a complete financial statement. The board may amend the annual budget.

Revised Law

Sec. 8834.155. AUDIT. The district shall have its affairs audited each year by an independent certified public accountant or a firm of independent certified public accountants of recognized integrity and ability. The district shall pay for the audit. (Acts 71st Leg., R.S., Ch. 1045, Sec. 41(a) (part).)

Source Law

Sec. 41. (a) The district … shall have its affairs audited each year by an independent certified public accountant or a firm of independent certified public accountants of recognized integrity and ability. The district shall pay for the audit.

Revised Law

Sec. 8834.156. COPY OF AUDIT. The board shall keep one copy of the audit prepared under Section 8834.155 at the district office open to inspection by any interested person during normal office hours. (Acts 71st Leg., R.S., Ch. 1045, Sec. 41(b).)

Source Law

(b) The board shall keep one copy of the audit at the district office, open to inspection by any interested person during normal office hours.

Revised Law

Sec. 8834.157. DEPOSITORY AND INVESTMENTS. (a) Except as provided by Subsection (g), the board shall designate one or more banks in the district to serve as a depository for district money. All district money shall be deposited in a depository bank. This subsection does not limit the power of the board to place a portion of the district's money on time deposit or to purchase certificates of deposit or other authorized investments.

(b) The board shall prescribe the term of service for depositories.

(c) To the extent that money in a depository bank or a trustee bank is not invested or insured by the Federal Deposit Insurance Corporation, the money must be secured in the manner provided by Chapter 2257, Government Code.

(d) Before designating a depository bank, the board shall issue a notice stating the time and location the board will meet for that purpose and shall invite banks in the district to submit applications to be designated depositories.

(e) The board shall consider the management and condition of each bank that applies under Subsection (d) and designate as a depository the bank or banks that:

(1) offer the most favorable terms and conditions for handling district money;

(2) the board finds have proper management; and

(3) are in a condition to warrant handling of district money.

(f) Membership on the district's board of an officer or director of a bank does not disqualify the bank from being designated as a depository bank.

(g) If the board does not receive any applications before the meeting under Subsection (d), the board shall designate as a depository a bank or banks inside or outside the district under terms the board finds advantageous to the district.

(h) District money may be invested and reinvested as provided by Chapter 2256, Government Code.

(i) The board by resolution may provide that an authorized district representative may invest and reinvest district money and provide for money to be withdrawn from the appropriate district accounts for investments on terms that the board considers advisable. (Acts 71st Leg., R.S., Ch. 1045, Sec. 42.)

Source Law

Sec. 42. (a) The board shall designate one or more banks within the district to serve as depository for district money. All district money shall be deposited in a depository bank. This subsection does not limit the power of the board to place a portion of the district's money on time deposit or to purchase certificates of deposit or other authorized investments.

(c) To the extent that money in a depository bank or a trustee bank is not invested or insured by the Federal Deposit Insurance Corporation, the money shall be secured in the manner provided by Chapter 2257, Government Code.

(d) Before designating a depository bank, the board shall issue a notice stating the time and place the board will meet for that purpose and shall invite banks in the district to submit applications to be designated depositories. The term of service for depositories shall be prescribed by the board.

(e) The board shall consider the management and condition of the banks that apply and shall designate as depositories the bank or banks that offer the most favorable terms and conditions for handling of the funds of the district and that the board finds have proper management and are in condition to warrant handling of district funds.

(f) Membership on the board of an officer or director of a bank does not disqualify the bank from being designated as depository.

(g) If no applications are received before the meeting, the board shall designate a bank or banks within or outside the district on terms and conditions it finds advantageous to the district.

(h) District money may be invested and reinvested in accordance with Chapter 2256, Government Code.

(i) The board, by resolution, may provide that an authorized representative of the district may invest and reinvest district money and provide for money to be withdrawn from the appropriate district accounts for investments on terms that the board considers advisable.

[Sections 8834.158-8834.200 reserved for expansion]

SUBCHAPTER E. REGULATORY PROVISIONS

Revised Law

Sec. 8834.201. GROUNDWATER WITHDRAWALS SUBJECT TO BOARD RULE. Groundwater withdrawals governed by this chapter, including withdrawals of injected water, are subject to reasonable board rules and orders. (Acts 71st Leg., R.S., Ch. 1045, Sec. 6(b).)

Source Law

(b) Withdrawals of groundwater, including withdrawals of injected water, covered by this Act are subject to reasonable rules, regulations, and orders adopted by the board.

Revised Law

Sec. 8834.202. CERTAIN WELLS EXEMPT. This chapter does not apply to:

(1) a well regulated under Chapter 27, Water Code;

(2) a well that:

(A) has a casing with an inside diameter of not more than five inches; and

(B) serves only a single-family dwelling; or

(3) a shallow well that:

(A) is not used to provide water for:

(i) human consumption;

(ii) agriculture;

(iii) manufacturing or industry; or

(iv) water injection; and

(B) withdraws water solely:

(i) to prevent hazardous sand boils, dewater surface construction sites, or relieve hydrostatic uplift on permanent structures;

(ii) for groundwater quality analysis and for monitoring migration of subsurface contaminants or pollution; or

(iii) for recovery of contamination or pollution. (Acts 71st Leg., R.S., Ch. 1045, Sec. 39.)

Source Law

Sec. 39. This Act does not apply to:

(1) wells regulated under Chapter 27, Water Code;

(2) shallow wells producing water solely to prevent hazardous sand boils, dewater surface construction sites, or relieve hydrostatic uplift on permanent structures and not used to provide water for human consumption, agricultural use, manufacturing or industrial use, or water injection;

(3) shallow wells producing water solely for groundwater quality analysis and for monitoring migration of subsurface contaminants or pollution and not used to provide water for human consumption, agricultural use, manufacturing or industrial uses, or water injection;

(4) shallow wells producing water solely for recovery of contamination or pollution and not used to provide water for human consumption, agricultural use, manufacturing or industrial use, or water injection; or

(5) wells with a casing that has an inside diameter of five inches or less that serve only a single-family dwelling.

Revised Law

Sec. 8834.203. REGULATION OF SPACING AND GROUNDWATER WITHDRAWAL. (a) To minimize as far as practicable the drawdown of the water table and the reduction of artesian pressure and to control and prevent subsidence, the board may provide for the spacing of wells in the district and may regulate groundwater withdrawal from wells, taking into consideration:

(1) the economic impact on well owners;

(2) the resulting effect on subsidence; and

(3) other relevant factors.

(b) Before adopting a rule or issuing an order under this section, the board shall set a hearing on the proposed rule or order.

(1) each aquifer, subdivision of an aquifer, or geologic stratum located wholly or partly in the district's territory; or

(2) each geographic area overlying an aquifer or subdivision of an aquifer located wholly or partly in the district's territory. (Acts 71st Leg., R.S., Ch. 1045, Secs. 25(a), (b), (c).)

Source Law

Sec. 25. (a) In order to minimize as far as practicable the drawdown of the water table and reduction of artesian pressure and to control and prevent subsidence, the board may provide for the spacing of wells and regulate the production of groundwater from wells, taking into consideration any relevant factors, including the economic impact on well owners and the resulting effect on subsidence.

(b) Before issuing any rule, regulation, or order under this section, the board shall set a hearing on the proposed rule, regulation, or order.

(1) each aquifer, subdivision of an aquifer, or geologic stratum located wholly or partly within the boundaries of the district; or

(2) each geographic area overlying an aquifer or subdivision of an aquifer located wholly or partly within the boundaries of the district.

Revisor's Note

Section 25(b), Chapter 1045, Acts of the 71st Legislature, Regular Session, 1989, refers to a "rule" and a "regulation." Throughout this chapter, the revised law omits references to a "regulation" because under Section 311.005(5), Government Code (Code Construction Act), a rule is defined to include a regulation.

Revised Law

Sec. 8834.204. WATER-METERING DEVICES. The board may:

(1) require water-metering devices to be placed on wells in the district; and

(2) adopt standards for the accuracy, testing, and calibration of the devices. (Acts 71st Leg., R.S., Ch. 1045, Sec. 26.)

Source Law

Sec. 26. The board may require water-metering devices to be placed on wells in the district and may adopt standards for the accuracy, testing, and calibration of the devices.

Revised Law

Sec. 8834.205. WELL REGISTRATION. The board by rule may require the registration of any well in the district. (Acts 71st Leg., R.S., Ch. 1045, Sec. 17.)

Source Law

Sec. 17. The board by rule may require the registration of any well in the district.

Revised Law

Sec. 8834.206. PERMIT REQUIRED. (a) The owner of a well located in the district must obtain a permit from the board before:

(1) drilling, equipping, or completing the well;

(2) substantially altering the size of the well or a well pump; or

(3) operating the well.

(b) An operational well must have a permit.

(c) An owner or operator commits a violation if the owner or operator does not obtain a permit as required by Subsection (a). A violation occurs on the first day the drilling, equipping, completing, altering, or operation begins. Each day that a violation continues is a separate violation. (Acts 71st Leg., R.S., Ch. 1045, Secs. 2(7), 18(a), (b).)

Source Law

[Sec. 2]

(7) "Drill" means drilling, equipping, or completing wells or substantially altering the size of wells or well pumps.

Sec. 18. (a) The owner of a well located in the district must obtain a permit from the board before:

(1) drilling, equipping, or completing the well;

(2) substantially altering the size of the well or a well pump; or

(3) operating the well.

(b) A well must have a valid permit if it is operational. An owner or operator commits a violation if the owner or operator does not obtain a permit as required by Subsection (a) of this section. A violation occurs on the first day the drilling, alteration, or operation begins. Each day that a violation continues is a separate violation.

Revisor's Note

Section 18(b), Chapter 1045, Acts of the 71st Legislature, Regular Session, 1989, requires a permit to be "valid." The revised law omits "valid" because it does not add to the clear meaning of the law. A permit is not a permit if it is not valid.

Revised Law

Sec. 8834.207. APPLICATION FOR PERMIT. (a) A person must submit an application and an application fee to the board to obtain a permit under this chapter.

(b) The application must state:

(1) the person's name and address;

(2) the location and wellhead elevation of the well or proposed well;

(3) the amount of water being withdrawn or proposed to be withdrawn; and

(4) any other information required by the board as necessary for the board to control and prevent subsidence in the district.

Source Law

(f) To obtain a permit, a person must submit an application and an application fee to the board. The application must state:

(1) the person's name;

(2) the person's address;

(3) the location and wellhead elevation of the well or proposed well;

(4) the amount of water being produced or proposed to be produced; and

(5) any other information required by the board as necessary for the board to control and prevent subsidence in the district.

(g) The board shall use the application fee to process applications.

Revised Law

Sec. 8834.208. NOTICE AND HEARING ON PERMIT APPLICATION. (a) The board shall hold a hearing on each permit application.

(b) Not later than the 10th day before the date set for the hearing, the board shall notify the applicant by regular mail or by certified mail, return receipt requested, of the date, time, and location of the hearing.

(c) The board may consider at a hearing as many permit applications as the board considers necessary. (Acts 71st Leg., R.S., Ch. 1045, Sec. 19.)

Source Law

Sec. 19. (a) The board shall hold a hearing on each application.

(d) The board may consider as many applications for permits as it considers necessary at a hearing.

Revised Law

Sec. 8834.209. ISSUANCE OF PERMIT. (a) Not later than the 60th day after the date of the hearing on a permit application, the board shall:

(1) decide whether to issue the permit; and

(2) prescribe the terms of the permit, if it decides to issue the permit.

(b) In deciding whether to issue a permit and in prescribing the terms of the permit, the board shall consider:

(1) the purpose of this chapter;

(2) the district plan;

(3) the quality, quantity, and availability of surface water or alternative water supplies at prices that are competitive with prices charged by suppliers of surface water in the district;

(4) the economic effect on the applicant of a decision to issue or deny the permit, or of the permit terms, in relation to the effect on subsidence that would result;

(5) the applicant's compliance with this chapter or any district rule, permit, or order; and

(6) all other relevant factors.

(1) there is no other adequate and available substitute or supplemental source of surface water at prices competitive with the prices charged by suppliers of surface water in the district; and

(2) compliance with any provision of this chapter or any district rule will result in an arbitrary taking of property or in the practical closing and elimination of any lawful business, occupation, or activity without sufficient corresponding benefit or advantage to the public.

(d) The permit must state the terms prescribed by the board. The permit must include:

(1) the name and address of the permit holder;

(2) the location of the well;

(3) the date the permit begins and the date the permit expires;

(4) conditions and restrictions placed on groundwater withdrawal; and

(5) other terms necessary to control and prevent subsidence.

(e) The board may condition the issuance of a permit under this section on the resolution of a previous or continuing violation of this chapter or of any district rule, permit, or order. The board may require an applicant to pay a civil penalty or settlement amount, or take other necessary action, to resolve a previous or continuing violation. (Acts 71st Leg., R.S., Ch. 1045, Sec. 20.)

Source Law

Sec. 20. (a) Not later than the 60th day after the date of the hearing, the board shall decide whether or not to issue a permit and shall formulate the terms of the permit, if issued.

(b) In deciding whether or not to issue a permit and in setting the terms of the permit, the board shall consider:

(1) the purpose of this Act;

(2) the district plan;

(3) the quality, quantity, and availability of surface water or alternative water supplies at prices competitive with those charged by suppliers of surface water within the district;

(4) the economic impact on the applicant of granting or denying the permit or of the terms prescribed by a permit in relation to the effect on subsidence that would result;

(5) the applicant's compliance with the requirements of this Act or any rule, permit, or other order of the district; and

(6) any other relevant factors.

(1) there is no other adequate and available substitute or supplemental source of surface water at prices competitive with those charged by suppliers of surface water within the district; and

(2) compliance with any provision of this Act, or any rule or regulation of the district, will result in an arbitrary taking of property or in the practical closing and elimination of any lawful business, occupation, or activity, without sufficient corresponding benefit or advantage to the public.

(d) If the board decides to issue the permit, the permit must state the terms prescribed by the board.

(e) The permit must include the following:

(1) the name and address of the permittee;

(2) the location of the well;

(3) the date the permit begins and the date the permit expires;

(4) conditions and restrictions placed on the withdrawal of groundwater; and

(5) any other terms and conditions necessary to control and prevent subsidence.

(f) The board may condition issuance of a permit under this section on the resolution of a prior or continuing violation of this chapter or any rule, permit, or order of the district. The board may require an applicant to pay a civil penalty or settlement amount, or take other necessary action, to resolve a prior or continuing violation.

Revisor's Note

Section 20(e)(5), Chapter 1045, Acts of the 71st Legislature, Regular Session, 1989, refers to certain "terms and conditions." The revised law omits the reference to "conditions" because, in context, the meaning of "conditions" is included in the meaning of "terms."

Revised Law

Sec. 8834.210. TERM OF PERMIT. (a) A permit issued under this chapter expires on the first anniversary of the date of issuance, unless the board specifies a different period.

(b) To aid the district in the effective and expeditious performance of its duties, the board may issue a permit for a term not to exceed five years if the issuance does not impair the district's ability to control and prevent subsidence in the district.

(c) A permit is not a vested right of the permit holder. The board may revoke, suspend, or amend a permit after notice and hearing when reasonably necessary to accomplish the purpose of this chapter. (Acts 71st Leg., R.S., Ch. 1045, Secs. 18(c), (d).)

Source Law

(c) A permit issued under this Act is valid for a term of one year from the date it is issued unless a longer or shorter term is specified by the board. The board may issue a permit for a term not to exceed five years in order to aid the district in the effective and expeditious performance of its duties if issuance of the permit does not impair the ability of the district to control and prevent subsidence within the district.

(d) A permit is not a vested right of the permit holder. A permit may be revoked, suspended, modified, or amended after notice and a hearing whenever reasonably necessary to accomplish the purposes of this Act.

Revisor's Note

Section 18(d), Chapter 1045, Acts of the 71st Legislature, Regular Session, 1989, provides that the terms of a permit may be "modified, or amended." The revised law omits the reference to "modified" because, in context, the meaning of that term is included in the meaning of "amended."

Revised Law

Sec. 8834.211. RENEWAL OF PERMIT. The board may renew a permit in the manner provided for issuing an original permit. (Acts 71st Leg., R.S., Ch. 1045, Sec. 18(e).)

Source Law

(e) Permits may be renewed in the same manner as permits are issued.

Revised Law

Sec. 8834.212. PERMIT FEES. (a) When the board issues or renews a permit, the board shall collect a permit fee from the applicant. The fee shall be determined by a schedule based on:

(1) the term of the permit; and

(2) the maximum annual amount of groundwater the board authorizes to be withdrawn from the well.

(b) The board may establish a disincentive permit fee to serve as a regulatory tool by creating a disincentive to continued overreliance on groundwater.

(d) The board shall use permit fees collected under this section to pay the cost of issuing permits and performing other regulatory functions under this chapter, including making grants, loans, or contractual payments to achieve, facilitate, or expedite reductions in groundwater pumping or the development or distribution of alternative water supplies. (Acts 71st Leg., R.S., Ch. 1045, Sec. 34.)

Source Law

Sec. 34. (a) At the time a permit is issued or renewed, the board shall collect from the permittee a permit fee, established by schedule, based on the term of the permit and the maximum amount of groundwater authorized by the board to be withdrawn annually from the well. The board may also establish a disincentive permit fee to serve as a regulatory tool by creating a disincentive to continued overreliance on groundwater.

(b) The fee schedule shall be determined by the board after a hearing.

(c) The board shall use the funds obtained from permit fees to cover the costs of issuing permits and performing other regulatory functions under this Act, including making grants, loans, or contractual payments to achieve, facilitate, or expedite reductions in groundwater pumping or the development or distribution of alternative water supplies.

Revised Law

Sec. 8834.213. TRANSFERRING PERMIT. (a) A permit is transferable only if the permit holder and the new owner of the well notify the district by certified mail, return receipt requested, of:

(1) the transfer of ownership of the well; and

(2) the name and address of the new owner.

(b) On receipt of the information required under Subsection (a), the district shall issue an amended permit with the new owner of the well listed as the permit holder. The remaining terms of the permit remain unchanged. (Acts 71st Leg., R.S., Ch. 1045, Sec. 21.)

Source Law

Sec. 21. A permit issued under this Act is not transferable unless the permittee and new owner notify the district by certified mail, return receipt requested, of the transfer of ownership of the well and provide the name and address of the new owner. On receipt of that information, the district shall issue an amended permit with the new owner of the well as permittee. The remaining terms of the permit shall remain unchanged.

Revised Law

Sec. 8834.214. ANNUAL REPORT. Before January 31 each year, a well owner who holds a permit under this chapter shall submit to the board a report stating:

(1) the well owner's name;

(2) the location of the well;

(3) the total amount of groundwater withdrawn from the well during the preceding 12-month period;

(4) the total amount of groundwater withdrawn from the well during each month of the preceding 12-month period;

(5) the purpose for which the groundwater was used; and

(6) any other information required by the board that the board considers necessary for the board to control and prevent subsidence in the district. (Acts 71st Leg., R.S., Ch. 1045, Sec. 22.)

Source Law

Sec. 22. Before January 31 of each year, each owner of a well who holds a permit under this Act shall submit a report to the board stating the following:

(1) the person's name;

(2) the location of the well;

(3) the total amount of groundwater produced by the well during the immediately preceding 12-month period;

(4) the total amount of groundwater produced by the well during each separate month of the immediately preceding 12-month period;

(5) the purpose for which the groundwater was used; and

(6) any other information required by the board as necessary for the board to control and prevent subsidence within the district.

Revisor's Note

Section 22, Chapter 1045, Acts of the 71st Legislature, Regular Session, 1989, refers to "the immediately preceding 12-month period." The revised law omits "immediately" because "the preceding" means "the immediately preceding."

Revised Law

Sec. 8834.215. REDUCTION OF GROUNDWATER USE. (a) The board by order may require a person to completely or partially discontinue the use of groundwater by:

(1) acquiring an alternative water supply needed to replace the water supply covered by the order; or

(2) participating in a groundwater reduction plan or other agreement the board approves as complying with the district's regulatory requirements.

(b) The board by order or rule may require a person to reduce groundwater use by eliminating waste or implementing water conservation measures. (Acts 71st Leg., R.S., Ch. 1045, Secs. 25(d), (e).)

Source Law

(d) The board may issue an order requiring a person to completely or partially discontinue the use of groundwater by:

(1) acquiring an alternative water supply needed to replace the water supply covered by the order; or

(2) participating in a groundwater reduction plan or other agreement approved by the board as achieving compliance with the district's regulatory requirements.

(e) The board may issue an order or adopt a rule requiring a person to reduce groundwater use by eliminating waste or implementing water conservation measures.

Revised Law

Sec. 8834.216. OPEN OR UNCOVERED WELLS. (a) The district may require the owner or lessee of land on which an open or uncovered well is located to keep the well closed or capped with a covering capable of supporting not less than 400 pounds when the well is not in actual use.

(b) If the owner or lessee fails or refuses to close or cap a well as required, a person employed by the district may enter the land and close or cap the well safely and securely. (Acts 71st Leg., R.S., Ch. 1045, Sec. 37.)

Source Law

Sec. 37. (a) The district may require the owner or lessee of land on which an open or uncovered well is located to keep the well closed or capped with a covering capable of sustaining weight of at least 400 pounds when the well is not in actual use.

(b) If the owner or lessee fails or refuses to close or cap the well, any person, firm, or corporation employed by the district may enter onto the land and close or cap the well safely and securely.

Revisor's Note

Section 37(b), Chapter 1045, Acts of the 71st Legislature, Regular Session, 1989, refers to a "person, firm, or corporation." The revised law omits the references to "firm" and "corporation" because Section 311.005(2), Government Code (Code Construction Act), defines "person" to include a corporation or any other legal entity.

[Sections 8834.217-8834.250 reserved for expansion]

SUBCHAPTER F. APPEAL AND ENFORCEMENT PROVISIONS

Revised Law

Sec. 8834.251. APPEAL OF DISTRICT ACTIONS. (a) A person who is adversely affected by a rule, order, or other official action of the board, including a person residing in or owning real property in the district whose residence or real property is subsiding, may appeal the action to a district court in any county in the district after any administrative appeal is finally resolved.

(b) An appeal under this section must be filed not later than the 45th day after the date any administrative appeal is finally resolved.

(c) On written request from a person who is adversely affected, the board shall make written findings and conclusions regarding a rule, order, or other official action of the district. The board shall provide a certified copy of the findings and conclusions to the person not later than the 35th day after the date the request was made.

(d) An appeal under this section of the legal propriety of a rule, order, or other action of the board is governed by the substantial evidence rule as provided by Subchapter G, Chapter 2001, Government Code. The burden of proof is on the petitioner, and the challenged rule, order, or other official action of the district is considered prima facie valid.

(e) The district court shall set for trial as expeditiously as possible an appeal brought under this section and may not postpone or continue the suit unless the reasons for postponement or continuance are imperative. (Acts 71st Leg., R.S., Ch. 1045, Sec. 32.)

Source Law

Sec. 32. (a) A person who is adversely affected by a rule, regulation, order, or other official action of the board may appeal to a district court in any county in the district. A person may file an appeal only after any administrative appeal to the district is finally resolved.

(b) For the purposes of this section, "a person who is adversely affected" includes a person residing in or owning real property in the district whose residence or real property is subsiding. An appeal under this section must be filed not later than the 45th day after the date any administrative appeal is finally resolved.

(c) On written request of a person who is adversely affected, the board shall make written findings and conclusions with respect to a rule, regulation, order, or other official action of the district. Not later than the 35th day after the request was made, the board shall provide a certified copy of the findings and conclusions to the person who made the request.

(d) In appeals taken under this section, the substantial evidence rule, as provided by Subchapter G, Chapter 2001, Government Code, shall be used to determine the legal propriety of a rule, regulation, order, or other action of the board. The burden of proof is on the petitioner, and the challenged rule, order, or other official action of the district is considered prima facie valid.

Revised Law

Sec. 8834.252. INJUNCTIVE RELIEF; CIVIL PENALTY. (a) If a person has violated, is violating, or is threatening to violate this chapter or a district rule, permit, or order, the district may institute an action in a district court in the district for:

(1) an injunction to restrain the person from continuing the violation or the threat of violation;

(2) a civil penalty of not less than $50 and not more than $5,000 for each violation and for each day of violation; or

(3) both injunctive relief and a civil penalty.

(b) The attorney general shall institute an action under this section at the request of the board, or at the request of the general manager if authorized by the board. The district in its sole discretion may employ attorneys of its choice to institute the action.

(d) The district court shall grant the injunctive relief requested under Subsection (a) as the facts warrant if the court finds that a person is violating or threatening to violate this chapter or a district rule, permit, or order.

(e) The district court shall assess a civil penalty requested under Subsection (a) in the amount provided by that subsection if the court finds that a person has violated or is violating this chapter or a district rule, permit, or order. (Acts 71st Leg., R.S., Ch. 1045, Sec. 43.)

Source Law

Sec. 43. (a) If a person has violated, is violating, or is threatening to violate a provision of this Act or a rule, regulation, permit, or other order of the district, the district may bring a civil action in a district court within the district for an injunction to restrain the person from continuing the violation or the threat of violation, for a civil penalty of not less than $50 nor more than $5,000 for each violation and for each day of violation, or for both injunctive relief and civil penalty.

(b) At the request of the board, or the general manager if authorized by the board, the attorney general shall institute the action. However, the district in its sole discretion may employ attorneys of its choice to institute the action.

(d) On application for injunctive relief and a finding that a person is violating or threatening to violate any provision of this Act or any rule, permit, or other order of the district, the district court shall grant any injunctive relief the facts may warrant.

(e) In a suit to recover a civil penalty or a suit for injunctive relief and a civil penalty, if the court finds that a person has violated or is violating a provision of this Act or a rule, permit, or order of the district, the court shall assess a civil penalty in the amount provided by this section.


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