81C134(4) ACP

 

CHAPTER 8836. FAYETTE COUNTY GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 8836.001.  DEFINITIONS ...............................  1

Sec. 8836.002.  NATURE OF DISTRICT ........................  2

Sec. 8836.003.  FINDINGS OF PUBLIC USE AND BENEFIT ........  3

Sec. 8836.004.  DISTRICT TERRITORY ........................  3

Sec. 8836.005.  DISTRICT NAME CHANGE ......................  4

[Sections 8836.006-8836.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Sec. 8836.051.  COMPOSITION OF BOARD; TERMS ...............  6

Sec. 8836.052.  ELECTION OF DIRECTORS .....................  7

Sec. 8836.053.  ELECTION DATE .............................  9

Sec. 8836.054.  QUALIFICATIONS FOR OFFICE ................. 10

[Sections 8836.055-8836.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 8836.101.  GROUNDWATER CONSERVATION DISTRICT

                  POWERS AND DUTIES ....................... 11

Sec. 8836.102.  REGIONAL COOPERATION ...................... 12

[Sections 8836.103-8836.150 reserved for expansion]

SUBCHAPTER D.  FINANCIAL PROVISIONS

Sec. 8836.151.  DISTRICT REVENUE .......................... 13

Sec. 8836.152.  ELECTION TO APPROVE BONDS OR NOTES ........ 13

CHAPTER 8836. FAYETTE COUNTY GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Revised Law

Sec. 8836.001.  DEFINITIONS.  In this chapter:

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

(2)  "Director" means a board member.

(3)  "District" means the Fayette County Groundwater Conservation District.  (Acts 77th Leg., R.S., Ch. 302, Sec. 2; New.)

Source Law

Sec. 2.  In this Act, "district" means the Fayette 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. 8836.002.  NATURE OF DISTRICT.  The district is a groundwater conservation district in Fayette County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.  (Acts 77th Leg., R.S., Ch. 302, Secs. 1(a) (part), (b).)

Source Law

Sec. 1.  (a)  A groundwater conservation district, to be known as the Fayette County Groundwater Conservation District, is created in Fayette 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 302, Acts of the 77th Legislature, Regular Session, 2001, refers to a confirmation and initial directors' 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 and initial directors' election under Section 10 of this Act.  …

(2)  Section 1(a), Chapter 302, Acts of the 77th Legislature, Regular Session, 2001, 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. 8836.003.  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 77th Leg., R.S., Ch. 302, 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. 8836.004.  DISTRICT TERRITORY.  The district's boundaries are coextensive with the boundaries of Fayette County, Texas, unless the district's territory has been modified under:

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

(2)  other law.  (Acts 77th Leg., R.S., Ch. 302, Sec. 3; New.)

Source Law

Sec. 3.  The boundaries of the district are coextensive with the boundaries of Fayette County, Texas.

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 authority to change the district's territory under Subchapter J, Chapter 36, Water Code, applicable to groundwater conservation districts, and to the general authority of the legislature to enact other laws to change the district's territory.

Revised Law

Sec. 8836.005.  DISTRICT NAME CHANGE.  The board by resolution may change the district's name.  (Acts 77th Leg., R.S., Ch. 302, Sec. 14.)

Source Law

Sec. 14.  The board of directors of the district by resolution may change the district's name.

Revisor's Note

(End of Subchapter)

(1)  Section 5(a), Chapter 302, Acts of the 77th Legislature, Regular Session, 2001, 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 with or inconsistent with this Act.

(2)  Section 5(b), Chapter 302, Acts of the 77th Legislature, Regular Session, 2001, provides that certain provisions of the Water Code prevail over a conflicting or inconsistent provision of the act.  Chapter 36, Water Code, applies to the district under Section 8836.101 of this chapter and Section 36.001(1), Water Code.  The revised law omits Section 5(b) because it substantially duplicates Section 36.052, Water Code, which provides that the same provisions of the Water Code provided for under Section 5(b), in addition to Section 36.107, Water Code, prevail over a conflicting or inconsistent provision of a special law that governs a specific district.  Although Section 5(b) does not reference Section 36.107, Water Code, that section of Chapter 36 is not in conflict, or inconsistent, with any provision of this chapter.  The omitted law reads:

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

(1)  Sections 36.1071-36.108, Water Code;

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

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

(3)  Section 10, Chapter 302, Acts of the 77th Legislature, Regular Session, 2001, 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. 10.  (a)  The temporary board of directors shall call and hold an election to confirm establishment of the district and to elect initial directors. The election must be held concurrently with another election held by a political subdivision.

(b)  A person, including a temporary director, who desires to be a candidate for the office of initial director may file an application with the temporary board of directors to have the candidate's name printed on the ballot as provided by Chapter 144, Election Code.

(c)  At the confirmation and initial directors' election, the temporary board of directors shall have placed on the ballot the names of the persons serving as temporary directors who intend to run for an initial director's position together with the name of any candidate filing for an initial director's position and blank spaces to write in the names of other persons.

(d)  If the district is created at the election, the temporary board of directors, at the time the vote is canvassed, shall:

(1)  declare the qualified person who receives the most votes for each position to be elected as the initial director for that position; and

(2)  include the results of the initial directors' election in the district's election report to the Texas Natural Resource Conservation Commission.

(e)  Section 41.001(a), 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 Sections 36.017(b)-(h), Water Code, and the Election Code.

(g)  If a majority of the votes cast at the election are against the creation of the district, the temporary directors may call and hold a subsequent election to confirm the establishment of the district. A subsequent election may not be held earlier than the first anniversary of the date on which the previous election was held.

[Sections 8836.006-8836.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Revised Law

Sec. 8836.051.  COMPOSITION OF BOARD; TERMS.  (a)  The district is governed by a board of five directors.

(b)  Directors serve staggered four-year terms.  (Acts 77th Leg., R.S., Ch. 302, Secs. 7(a), (d).)

Source Law

Sec. 7.  (a)  The district is governed by a board of five directors.

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

Revisor's Note

(1)  Section 7(d), Chapter 302, Acts of the 77th Legislature, Regular Session, 2001, refers to "[p]ermanent" directors.  Sections 7, 8, and 10 of Chapter 302 refer to "temporary," "initial," and "permanent" directors to distinguish between the "temporary" directors, 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 contribute to the clear meaning of the law.

(2)  Section 7(e), Chapter 302, Acts of the 77th Legislature, Regular Session, 2001, 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 8836.101 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 7(f), Chapter 302, Acts of the 77th Legislature, Regular Session, 2001, provides that a director serves until the 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 the successor has qualified.  The omitted law reads:

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

Revised Law

Sec. 8836.052.  ELECTION OF DIRECTORS.  (a)  Directors are elected according to the commissioners precinct method as provided by this section.

(b)  One director is elected by the voters of the entire district.  One director is elected from each county commissioners precinct by the voters of that precinct.

(c)  A person shall indicate on the application for a place on the ballot:

(1)  the precinct that the person seeks to represent; or

(2)  that the person seeks to represent the district at large.

(d)  At the first election after the county commissioners precincts are redrawn under Section 18, Article V, Texas Constitution, four new directors shall be elected to represent the precincts. The directors from Precincts 1 and 3 are elected for two-year terms. The directors from Precincts 2 and 4 are elected for four-year terms.  (Acts 77th Leg., R.S., Ch. 302, Secs. 9(a), (b), (d), (e).)

Source Law

Sec. 9.  (a)  The directors of the district shall be elected according to the commissioners precinct method as provided by this section.

(b)  One director shall be elected by the qualified voters of the entire district, and one director shall be elected from each county commissioners precinct by the qualified voters of that precinct.

(d)  A person shall indicate on the application for a place on the ballot:

(1)  the precinct that the person seeks to represent; or

(2)  that the person seeks to represent the district at large.

(e)  At the first election after the county commissioners precincts are redrawn under Section 18, Article V, Texas Constitution, four new directors shall be elected to represent the precincts.  The directors from Precincts 1 and 3 shall be elected for two-year terms.  The directors from Precincts 2 and 4 shall be elected for four-year terms.

Revisor's Note

Section 9(b), Chapter 302, Acts of the 77th Legislature, Regular Session, 2001, refers to an election by the "qualified" voters of the district and of each precinct.  The revised law omits "qualified" as unnecessary in this context because Chapter 11, Election Code, governs eligibility to vote in an election in this state and allows only "qualified" voters who are residents of the territory covered by the election to vote in an election.

Revised Law

Sec. 8836.053.  ELECTION DATE.  On the first Tuesday after the first Monday in November of each even-numbered year, the appropriate number of directors shall be elected for terms beginning January 1 of the following year.  (Acts 77th Leg., R.S., Ch. 302, Sec. 11(b).)

Source Law

(b)  On the first Tuesday after the first Monday in November of each subsequent second year following the election held in 2006, the appropriate number of directors shall be elected for terms beginning January 1 of the following year.

Revisor's Note

(1)  Sections 11(a) and (a-1), Chapter 302, Acts of the 77th Legislature, Regular Session, 2001, prescribe 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 those provisions as executed.  The omitted law reads:

Sec. 11.  (a)  On the first Tuesday after the first Monday in November 2004, an election shall be held in the district for the election of directors from Precincts 1 and 3, to serve four-year terms beginning January 1, 2005.

(a-1)  On the first Tuesday after the first Monday in November 2006, an election shall be held in the district for the election of directors from Precincts 2 and 4 and from the district at large to serve four-year terms beginning January 1, 2007.

(2)  Section 11(b), Chapter 302, Acts of the 77th Legislature, Regular Session, 2001, requires directors' elections to be held on the first Tuesday after the first Monday in November "of each subsequent second year following the election held in 2006."  (See Revisor's Note (1) to this section.)  The revised law substitutes "of each even-numbered year" for "of each subsequent second year following the election held in 2006" because the election was held in November 2006, an even-numbered year.  As a result, subsequent directors' elections will be held in even-numbered years.

Revised Law

Sec. 8836.054.  QUALIFICATIONS FOR OFFICE.  (a)  To be qualified to be a candidate for or to serve as director at large, a person must be a registered voter in the district.

(b)  To be qualified to be a candidate for or to serve as director from a county commissioners precinct, a person must be a registered voter of that precinct.  (Acts 77th Leg., R.S., Ch. 302, Sec. 9(c).)

Source Law

(c)  To be qualified to be a candidate for or to serve as director at large, a person must be a registered voter in the district.  To be qualified to be a candidate for or to serve as director from a county commissioners precinct, a person must be a registered voter of that precinct.

Revisor's Note

(End of Subchapter)

(1)  Sections 7(b) and (c), Chapter 302, Acts of the 77th Legislature, Regular Session, 2001, refer to "temporary" and "initial" directors of the district and to elections under Sections 10 and 11 of that chapter.  The revised law omits Sections 7(b) and (c) as executed because the terms of the temporary and initial directors have expired and the initial election for permanent directors has been held.  The omitted law reads:

(b)  Temporary directors serve until initial directors are elected under Section 10 of this Act.

(c)  Initial directors serve until permanent directors are elected under Section 11 of this Act.

(2)  Section 8, Chapter 302, Acts of the 77th Legislature, Regular Session, 2001, names the "temporary" directors and provides for filling vacancies on the temporary board.  Because the terms of the temporary directors have expired, the revised law omits those provisions as executed.  The omitted law reads:

Sec. 8.  (a) The temporary board of directors is composed of:

Precinct 1:  Mr. Clinton Buschacker

1024 South Raymond

La Grange, Texas  78945;

Precinct 2:  Mr. Rodney H. Willis

3647 Schulle Road

Round Top, Texas  78954;

Precinct 3:  Mr. Ernest Bartek

937 West Parker

Flatonia, Texas  78941;

Precinct 4:  Mr. William P. Kohlleppel

3340 North U.S. Highway 77

Schulenburg, Texas  78956; and

At Large:    Mr. Shawn Raborn

155 East Colorado Street

La Grange, Texas  78945.

(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 Texas Natural Resource Conservation Commission shall appoint the necessary number of persons to fill all vacancies on the board.

[Sections 8836.055-8836.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Revised Law

Sec. 8836.101.  GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES.  Except as provided by this chapter, the district has the rights, powers, privileges, functions, and duties provided by the general law of this state, including Chapter 36, Water Code, applicable to groundwater conservation districts created under Section 59, Article XVI, Texas Constitution.  (Acts 77th Leg., R.S., Ch. 302, Sec. 5(a) (part).)

Source Law

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

Revisor's Note

Section 5, Chapter 302, Acts of the 77th Legislature, Regular Session, 2001, 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. 8836.102.  REGIONAL COOPERATION.  To provide for regional continuity, the district shall:

(1)  participate in coordination meetings with adjacent districts on an as-needed basis;

(2)  coordinate the collection of data with adjacent districts in such a way as to achieve relative uniformity of data type and quality;

(3)  coordinate efforts to monitor water quality with adjacent districts, local governments, and state agencies;

(4)  provide groundwater level data to adjacent districts;

(5)  investigate any groundwater and aquifer pollution with the intention of locating its source;

(6)  notify adjacent districts and all appropriate agencies of any detected groundwater pollution;

(7)  annually provide to adjacent districts an inventory of water wells and an estimate of groundwater production within the district; and

(8)  include adjacent districts on the mailing lists for district newsletters, seminars, public education events, news articles, and field days. (Acts 77th Leg., R.S., Ch. 302, Sec. 6.)

Source Law

Sec. 6.  To provide for regional continuity, the district shall:

(1)  participate in coordination meetings with adjacent districts on an as-needed basis;

(2)  coordinate the collection of data with adjacent districts in such a way as to achieve relative uniformity of data type and quality;

(3)  coordinate efforts to monitor water quality with adjacent districts, local governments, and state agencies;

(4)  provide groundwater level data to adjacent districts;

(5)  investigate any groundwater and aquifer pollution with the intention of locating its source;

(6)  notify adjacent districts and all appropriate agencies of any detected groundwater pollution;

(7)  annually provide to adjacent districts an inventory of water wells and an estimate of groundwater production within the district; and

(8)  include adjacent districts on the mailing lists for district newsletters, seminars, public education events, news articles, and field days.

[Sections 8836.103-8836.150 reserved for expansion]

SUBCHAPTER D.  FINANCIAL PROVISIONS

Revised Law

Sec. 8836.151.  DISTRICT REVENUE.  To pay the district's maintenance and operating costs and to pay any bonds or notes issued by the district, the district may:

(1)  impose an ad valorem tax at a rate not to exceed two cents on each $100 valuation of taxable property in the district, subject to voter approval;

(2)  assess fees for services or for water withdrawn from non-exempt wells; or

(3)  solicit and accept grants from any private or public source.  (Acts 77th Leg., R.S., Ch. 302, Sec. 12.)

Source Law

Sec. 12.  To pay the maintenance and operating costs of the district and to pay any bonds or notes issued by the district the district may:

(1)  subject to voter approval, impose an ad valorem tax at a rate not to exceed two cents on each $100 valuation of taxable property in the district;

(2)  assess fees for services or for water withdrawn from non-exempt wells; or

(3)  solicit and accept grants from any private or public source.

Revised Law

Sec. 8836.152.  ELECTION TO APPROVE BONDS OR NOTES.  The district may not issue or sell bonds or notes payable from any source unless the action is approved by a majority of the voters of the district voting at an election held for that purpose. (Acts 77th Leg., R.S., Ch. 302, Sec. 13.)

Source Law

Sec. 13.  The district may not issue or sell bonds or notes payable from any source unless the action is approved by a majority of the voters of the district voting at an election called and held for that purpose.

Revisor's Note

Section 13, Chapter 302, Acts of the 77th Legislature, Regular Session, 2001, refers to an election "called and held." The revised law omits references to "calling" an election because, in this context, "calling" an election is included in the meaning of "holding" an election.  Under Chapter 3,  Election Code, all elections must be ordered (called) before they may be held.

Revisor's Note

(End of Chapter)

(1)  Section 15, Chapter 302, Acts of the 77th Legislature, Regular Session, 2001, 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. 15.  (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 notice, introduction, and passage of this Act are fulfilled and accomplished.

(2)  Section 16(b), Chapter 302, Acts of the 77th Legislature, Regular Session, 2001, contains transition language regarding the expiration of the act if the district is not confirmed at a confirmation election before a certain date.  The revised law omits the provision as executed because the district was confirmed within the required period.  The omitted law reads:

(b)  If the creation of the district is not confirmed at a confirmation election held under Section 10 of this Act before September 1, 2003, this Act expires on that date.

(3)  Sections 4(b) and (c), Chapter 12, Acts of the 78th Legislature, Regular Session, 2003, provides transition language related to the terms of office for members of the district's board of directors and to board elections.  The revised law omits that language as executed.  The omitted law reads:

(b)  The directors from Precincts 1 and 3 elected in May 2002 shall continue in office until successor directors elected in November 2004, as provided by the change in law made by this Act to Section 11, Chapter 302, Acts of the 77th Legislature, Regular Session, 2001, qualify for office.

(c)  The directors from Precincts 2 and 4 and from the district at large elected in May 2002 shall continue in office until successor directors elected in November 2006, as provided by the change in law made by this Act to Section 11, Chapter 302, Acts of the 77th Legislature, Regular Session, 2001, qualify for office.