81C132(4) TAD

 

CHAPTER 8816. CULBERSON COUNTY GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 8816.001.  DEFINITIONS ...............................  1

Sec. 8816.002.  NATURE OF DISTRICT ........................  2

Sec. 8816.003.  FINDINGS OF PUBLIC USE AND BENEFIT ........  3

Sec. 8816.004.  DISTRICT TERRITORY ........................  3

Sec. 8816.005.  CONFLICTS OF LAW ..........................  4

[Sections 8816.006-8816.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Sec. 8816.051.  COMPOSITION OF BOARD; TERMS ...............  6

Sec. 8816.052.  ELECTION DATE .............................  7

[Sections 8816.053-8816.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 8816.101.  GROUNDWATER CONSERVATION DISTRICT

                  POWERS AND DUTIES .......................  9

Sec. 8816.102.  CONTRACT FOR AND SALE AND DISTRIBUTION

                  OF WATER ................................ 10

CHAPTER 8816. CULBERSON COUNTY GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Revised Law

Sec. 8816.001.  DEFINITIONS.  In this chapter:

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

(2)  "Director" means a board member.

(3)  "District" means the Culberson County Groundwater Conservation District.  (Acts 75th Leg., R.S., Ch. 1075, Sec. 2; New.)

Source Law

Sec. 2.  In this Act, "district" means the Culberson County Groundwater Conservation District.

Revisor's Note

The definitions of "board" and "director" are added to the revised law for drafting convenience and to eliminate frequent, unnecessary repetition of the substance of the definitions.

Revised Law

Sec. 8816.002.  NATURE OF DISTRICT.  The district is a groundwater conservation district in Culberson County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.  (Acts 75th Leg., R.S., Ch. 1075, Secs. 1(a) (part), (b).)

Source Law

Sec. 1.  (a)  A groundwater conservation district, to be known as the Culberson County Groundwater Conservation District, is created in Culberson County, … .

(b)  The district is created under and is essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

Revisor's Note

(1)  Section 1(a), Chapter 1075, Acts of the 75th Legislature, Regular Session, 1997, refers to a confirmation election.  Because the confirmation election has already been held, the revised law omits the provision as executed.  The omitted law reads:

(a)  … subject to approval at a confirmation election under Section 8 of this Act. …

(2)  Section 1(a), Chapter 1075, Acts of the 75th Legislature, Regular Session, 1997, provides that the district is a governmental agency and a body politic and corporate.  The revised law omits the provision 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. 8816.003.  FINDINGS OF PUBLIC USE AND BENEFIT.  (a)  The district is created to serve a public use and benefit.

(b)  All land and other property included in the district will benefit from the works and projects accomplished by the district under the powers conferred by Section 59, Article XVI, Texas Constitution.  (Acts 75th Leg., R.S., Ch. 1075, Sec. 4.)

Source Law

Sec. 4.  All of the land and other property included within the boundaries of the district will be benefited by the works and projects that are to be accomplished by the district under powers conferred by Section 59, Article XVI, Texas Constitution.  The district is created to serve a public use and benefit.

Revised Law

Sec. 8816.004.  DISTRICT TERRITORY.  The district is composed of the territory described by Section 3, Chapter 1075, Acts of the 75th Legislature, Regular Session, 1997, as that territory may have been modified under:

(1)  Subchapter J, Chapter 36, Water Code; or

(2)  other law.  (New.)

Revisor's Note

The revision of the law governing the district does not revise the statutory language describing the territory of the district to avoid the lengthy recitation of the description.  Additionally, 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 statutory description of the district's territory and to the authority to change the district's territory under Subchapter J, Chapter 36, Water Code, applicable to groundwater conservation districts.  The revised law also includes a reference to the general authority of the legislature to enact other laws to change the district's territory.

Revised Law

Sec. 8816.005.  CONFLICTS OF LAW.  (a)  Except as otherwise provided by this chapter, if there is a conflict between this chapter and Chapter 36 or 49, Water Code, this chapter controls.

(b)  If there is a conflict between Chapters 36 and 49, Water Code, Chapter 36 controls.  (Acts 75th Leg., R.S., Ch. 1075, Sec. 11.)

Source Law

Sec. 11.  Except as otherwise provided by this Act, if there is a conflict between this Act and Chapter 36 or 49, Water Code, this Act controls.  If there is a conflict between Chapters 36 and 49, Water Code, Chapter 36 controls.

Revisor's Note

(End of Subchapter)

(1)  Section 5(a), Chapter 1075, Acts of the 75th Legislature, Regular Session, 1997, provides that the act prevails over general law in case of a conflict or other inconsistency.  The revised law omits the provision because it duplicates Section 311.026, Government Code (Code Construction Act).  The omitted law reads:

(a)  … This Act prevails over any provision of general law that is in conflict or inconsistent with this Act.

(2)  Section 5(c), Chapter 1075, Acts of the 75th Legislature, Regular Session, 1997, provides that certain provisions of Chapter 36, Water Code, prevail over a conflicting or inconsistent provision of the act.  Chapter 36, Water Code, applies to the district under Section 8816.101 of this chapter and Section 36.001(1), Water Code.  The revised law omits Section 5(c) because it duplicates Section 36.052(b), Water Code, which provides that the same provisions of the Water Code provided for under Section 5(c) prevail over a conflicting or inconsistent provision of a special law that governs a specific district.  The omitted law reads:

(c)  Notwithstanding Subsection (a) of this section, the following provisions prevail over a conflicting or inconsistent provision in this Act:

(1)  Sections 36.107 through 36.108, Water Code;

(2)  Sections 36.159 through 36.161, Water Code; and

(3)  Subchapter I, Chapter 36, Water Code.

(3)  Section 8, Chapter 1075, Acts of the 75th Legislature, Regular Session, 1997, provides procedures for holding an election to confirm the district's creation and to elect the district's initial board.  Because the district has been confirmed and its initial directors have been elected, the revised law omits those provisions as executed.  The omitted law reads:

Sec. 8.  (a)  Not later than 30 days after the effective date of this Act, the temporary board of directors shall call and hold an election to confirm the establishment of the district and to elect five initial directors.

(b)  A person who desires to be a candidate for the office of initial director may file an application with the temporary board to have the candidate's name printed on the ballot.

(c)  At the confirmation and initial directors' election, the temporary board of directors shall have the names of the five persons serving as temporary directors placed on the ballot together with the name of any candidate filing for the office of director as provided by Subsection (b) of this section and blank spaces to write in the names of other persons.  If the district is created at the election, the temporary board of directors, at the time the vote is canvassed, shall declare the five persons who receive the most votes to be elected as the initial directors and shall include the results of the directors' election in its election report to the Texas Natural Resource Conservation Commission.

(d)  The propositions to be voted may include, in addition to confirmation of the district and election of directors, any proposition authorized by the temporary board of directors.

(e)  Subsection (a), Section 41.001, Election Code, does not apply to a confirmation and initial directors' election held as provided by this section.

(f)  Except as provided by this section, a confirmation and initial directors' election must be conducted as provided by Subsections (b) through (h), Section 36.017, Water Code, and the Election Code.

[Sections 8816.006-8816.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Revised Law

Sec. 8816.051.  COMPOSITION OF BOARD; TERMS.  (a)  The district is governed by a board of five directors.

(b)  Directors serve staggered four-year terms.  (Acts 75th Leg., R.S., Ch. 1075, Secs. 6(a), (d).)

Source Law

Sec. 6.  (a)  The district is governed by a board of five directors.

(d)  Permanent directors serve staggered four-year terms.

Revisor's Note

(1)  Section 6(d), Chapter 1075, Acts of the 75th Legislature, Regular Session, 1997, refers to "[p]ermanent" directors.  Sections 6, 7, and 8 of Chapter 1075 refer to "temporary," "initial," and "permanent" directors to distinguish between the "temporary" directors appointed by the Culberson County Commissioners Court, the directors who immediately succeeded the "temporary" directors after the first election of directors, and subsequently serving directors. Because the revised law omits provisions regarding "temporary" and "initial" directors as executed (see the revisor's notes at the end of this subchapter), the revised law also omits "permanent" because it does not add to the clear meaning of the law.

(2)  Section 6(e), Chapter 1075, Acts of the 75th Legislature, Regular Session, 1997, provides that a director must qualify to serve in the manner provided by Section 36.055, Water Code.  The revised law omits the provision because Section 36.055, Water Code, applies to the district under Section 8816.101 of this chapter and Section 36.001(1), Water Code.  The omitted law reads:

(e)  Each director must qualify to serve as director in the manner provided by Section 36.055, Water Code.

(3)  Section 6(f), Chapter 1075, Acts of the 75th Legislature, Regular Session, 1997, provides that a director serves until a successor has qualified.  The revised law omits the provision because it duplicates Section 17, Article XVI, Texas Constitution, which provides that an officer in this state continues to perform the officer's official duties until a successor has qualified.  The omitted law reads:

(f)  A director serves until the director's successor has qualified.

Revised Law

Sec. 8816.052.  ELECTION DATE.  Every two years on the uniform election date in May, the appropriate number of directors shall be elected to the board.  (Acts 75th Leg., R.S., Ch. 1075, Sec. 9(b).)

Source Law

(b)  Thereafter, on the first uniform election day in May of each subsequent second year, the appropriate number of directors shall be elected to the board.

Revisor's Note

(1)  Section 9(a), Chapter 1075, Acts of the 75th Legislature, Regular Session, 1997, prescribes the election date for the first directors' election following the confirmation election.  Because the district has been confirmed and its first permanent directors elected, the revised law omits that provision as executed.  The omitted law reads:

Sec. 9.  (a)  On the first uniform election day in May of the first year after the year in which the district is authorized to be created at a confirmation election, an election shall be held in the district for the election of two directors who shall each serve two-year terms and three directors who shall each serve four-year terms.  The three directors receiving the most votes shall serve the four-year terms and the other two directors who are elected shall serve the two-year terms.

(2)  Section 9(b), Chapter 1075, Acts of the 75th Legislature, Regular Session, 1997, requires directors' elections to be held on the "first uniform election day in May."  The revised law omits the reference to the "first" uniform election day in May because Section 41.001, Election Code, provides for only one uniform election date in that month.  The revised law substitutes "date" for "day" to conform to the terminology of Section 41.001, Election Code.

Revisor's Note

(End of Subchapter)

(1)  Sections 6(b) and (c), Chapter 1075, Acts of the 75th Legislature, Regular Session, 1997, refer to "temporary" and "initial" directors of the district and to elections under Sections 8 and 9 of that chapter.  The revised law omits Sections 6(b) and (c) as executed because the terms of the temporary and initial directors have expired and the initial election for directors has been held.  The omitted law reads:

(b)  Temporary directors serve until initial directors are elected under Section 8 of this Act.

(c)  Initial directors serve until permanent directors are elected under Section 9 of this Act.

(2)  Section 7, Chapter 1075, Acts of the 75th Legislature, Regular Session, 1997, provides for the appointment of "temporary" directors and for the filling of vacancies on the temporary board.  Because the temporary directors were appointed and the terms of the temporary directors have expired, the revised law omits those provisions as executed.  The omitted law reads:

Sec. 7.  (a)  The Commissioners Court of Culberson County shall appoint five temporary directors.

(b)  If a temporary director fails to qualify for office, the temporary directors who have qualified shall appoint a person to fill the vacancy.  If at any time there are fewer than three qualified temporary directors, the Commissioners Court of Culberson County shall appoint the necessary number of persons to fill all vacancies on the board.

[Sections 8816.053-8816.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Revised Law

Sec. 8816.101.  GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES.  The district has the rights, powers, privileges, functions, and duties provided by the general law of this state, including Chapters 36 and 49, Water Code, applicable to groundwater conservation districts created under Section 59, Article XVI, Texas Constitution.  (Acts 75th Leg., R.S., Ch. 1075, Sec. 5(a) (part).)

Source Law

Sec. 5.  (a)  The district has all the rights, powers, privileges, authority, functions, and duties provided by the general law of this state, including Chapters 36 and 49, Water Code, applicable to groundwater conservation districts created under Section 59, Article XVI, Texas Constitution… .

Revisor's Note

Section 5(a), Chapter 1075, Acts of the 75th Legislature, Regular Session, 1997, refers to the "rights, powers, privileges, [and] authority" of the district. The revised law omits the reference to "authority" because, in context, "authority" is included in the meaning of "rights, powers, [and] privileges."

Revised Law

Sec. 8816.102.  CONTRACT FOR AND SALE AND DISTRIBUTION OF WATER.  The district may contract for, sell, and distribute water from a water import authority or other entity.  (Acts 75th Leg., R.S., Ch. 1075, Sec. 10.)

Source Law

Sec. 10.  The district may contract for, sell, and distribute water from a water import authority or other entity.

Revisor's Note

(End of Subchapter)

Section 5(b), Chapter 1075, Acts of the 75th Legislature, Regular Session, 1997, refers to the continuing supervision exercised by the "Texas Natural Resource Conservation Commission."  The revised law omits the provision because the Texas Commission on Environmental Quality is the successor to the Texas Natural Resource Conservation Commission and therefore the provision duplicates, in substance, part of Section 12.081, Water Code, which is a general law that applies to the district.  The name of the Texas Natural Resource Conservation Commission was changed to the Texas Commission on Environmental Quality by Section 18.01, Chapter 965, Acts of the 77th Legislature, Regular Session, 2001.  The omitted law reads:

(b)  The rights, powers, privileges, authority, functions, and duties of the district are subject to the continuing right of supervision of the state, to be exercised by and through the Texas Natural Resource Conservation Commission.

Revisor's Note

(End of Chapter)

Section 12, Chapter 1075, Acts of the 75th Legislature, Regular Session, 1997, recites legislative findings regarding procedural requirements for the creation of the district under the constitution and other laws and rules, including proper legal notice and the filing of recommendations.  The revised law omits those provisions as executed.  The omitted law reads:

Sec. 12.  (a)  The proper and legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished by the constitution and other laws of this state, including the governor, who has submitted the notice and Act to the Texas Natural Resource Conservation Commission.

(b)  The Texas Natural Resource Conservation Commission has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time.

(c)  All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.