81C161(3) HLT

 

CHAPTER 8840.  GLASSCOCK GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 8840.001.  DEFINITIONS ...............................  2

Sec. 8840.002.  NATURE OF DISTRICT ........................  2

Sec. 8840.003.  FINDINGS OF PUBLIC USE AND BENEFIT ........  3

Sec. 8840.004.  DISTRICT TERRITORY ........................  3

[Sections 8840.005-8840.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Sec. 8840.051.  COMPOSITION OF BOARD; TERMS ...............  6

Sec. 8840.052.  ELECTION OF DIRECTORS .....................  6

Sec. 8840.053.  ELECTION DATE .............................  7

Sec. 8840.054.  QUALIFICATIONS FOR ELECTION ...............  8

Sec. 8840.055.  ELECTION OF DIRECTORS FOLLOWING

                  ANNEXATION ..............................  9

[Sections 8840.056-8840.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 8840.101.  GENERAL POWERS AND DUTIES ................. 10

Sec. 8840.102.  ADMINISTRATIVE PROCEDURES ................. 11

Sec. 8840.103.  WELL PERMITS .............................. 11

Sec. 8840.104.  WELL SPACING AND PRODUCTION ............... 12

Sec. 8840.105.  LOGS ...................................... 12

Sec. 8840.106.  SURVEYS ................................... 13

Sec. 8840.107.  RESEARCH AND DETERMINATIONS REGARDING

                  GROUNDWATER WITHDRAWAL .................. 14

Sec. 8840.108.  COLLECTION AND PRESERVATION OF

                  INFORMATION ............................. 14

Sec. 8840.109.  CONTRACT FOR SALE AND DISTRIBUTION OF

                  WATER ................................... 15

CHAPTER 8840.  GLASSCOCK GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Revised Law

Sec. 8840.001.  DEFINITIONS.  In this chapter:

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

(2)  "Director" means a board member.

(3)  "District" means the Glasscock Groundwater Conservation District.  (Acts 67th Leg., R.S., Ch. 489, Sec. 1 (part); New.)

Source Law

Sec. 1.  …  In this Act, "district" means the Glasscock 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. 8840.002.  NATURE OF DISTRICT.  The district is created under Section 59, Article XVI, Texas Constitution, to provide for the conservation, preservation, protection, recharge, and prevention of waste of the groundwater reservoirs located under district land, consistent with the objectives of Section 59, Article XVI, Texas Constitution, and Chapter 36, Water Code.  (Acts 67th Leg., R.S., Ch. 489, Secs. 1 (part), 3.)

Source Law

Sec. 1.  Under Section 59, Article XVI, Texas Constitution, the Glasscock Groundwater Conservation District is created, … .

Sec. 3.  The district is created to provide for the conservation, preservation, protection, recharge, and prevention of waste of the groundwater reservoirs located under district land consistent with the objectives of Section 59, Article XVI, Texas Constitution, and Chapter 36, Water Code.

Revisor's Note

Section 1, Chapter 489, Acts of the 67th Legislature, Regular Session, 1981, provides that the district is "a governmental agency and 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:

Sec. 1.  … [the Glasscock Groundwater Conservation District is created,] as a governmental agency and body politic and corporate, … .

Revised Law

Sec. 8840.003.  FINDINGS OF PUBLIC USE AND BENEFIT.  (a)  The district is created to serve a public use and benefit.

(b)  All land included in the district will benefit from the district.  (Acts 67th Leg., R.S., Ch. 489, Sec. 7(a).)

Source Law

Sec. 7.  (a)  It is found that all of the land included within the boundaries of the district will be benefited and that the district is created to serve a public use and benefit.

Revised Law

Sec. 8840.004.  DISTRICT TERRITORY.  The district's boundaries are coextensive with the boundaries of Glasscock County, Texas, unless the district's territory has been modified under:

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

(2)  other law.  (Acts 67th Leg., R.S., Ch. 489, Sec. 2; New.)

Source Law

Sec. 2.  The boundaries of the district include all of the area in Glasscock County, Texas, and the boundaries of the district are identical to the boundaries of that county.

Revisor's Note

(1)  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.

(2)  Section 2, Chapter 489, Acts of the 67th Legislature, Regular Session, 1981, provides that the boundaries of the district are "identical to" the boundaries of Glasscock County.  The revised law substitutes "coextensive with" for the quoted language because, in this context, the phrases have the same meaning and "coextensive with" is the more commonly used phrase.

Revisor's Note

(End of Subchapter)

(1)  Sections 7(b)-(g), Chapter 489, Acts of the 67th Legislature, Regular Session, 1981, provide procedures for holding an election to confirm the district's creation.  Because the district has been confirmed, the revised law omits those provisions as executed.  The omitted law reads:

(b)  Within 30 days after the effective date of this Act and without the necessity of having a petition presented, the initial board of directors shall call an election to be held in the district for the purpose of confirming the organization of the district, provided the election is not held sooner than 60 days nor later than 90 days after the election is ordered.

(c)  The propositions to be voted on shall include the question of whether or not the establishment of the district is confirmed, the question of election of directors, the question of levying, assessing, and collecting an ad valorem tax throughout the district, and any other propositions required by this Act or by the initial board of directors.

(d)  Only qualified electors who reside in the district are qualified to vote in the election.

(e)  Notice of the election shall be published at least twice in a newspaper of general circulation in the district, at least 30 days and at least ten days respectively, before the date of the election.

(f)  Returns of the election shall be made to the initial board of directors of the district and the directors shall canvass those returns and declare the results of the election.

(g)  No hearings may be held to determine whether any land included within the boundaries of the district should be excluded.

(2)  Section 12, Chapter 489, Acts of the 67th Legislature, Regular Session, 1981, provides that if there is a conflict between the act and Chapter 36, Water Code, the act controls.  The revised law omits that provision because it duplicates Section 311.026, Government Code (Code Construction Act), and part of Section 36.052(a), Water Code, which provides that a "special law governing a specific district" prevails over Chapter 36.  Throughout this chapter, the revised law omits law that duplicates law contained in Chapter 36, Water Code, which applies to the district under Section 8840.101 of this chapter and Section 36.001(1), Water Code.  The omitted law reads:

Sec. 12.  If there is a conflict between this Act and Chapter 36, Water Code, this Act controls.

(3)  Section 5, Chapter 294, Acts of the 77th Legislature, Regular Session, 2001, changed the name of the district from the Glasscock County Underground Water Conservation District to the Glasscock Groundwater Conservation District and provides that a reference in law to the Glasscock County Underground Water Conservation District means the Glasscock Groundwater Conservation District.  The revised law omits the provision changing the district's name as executed.  The revised law omits the provision regarding references in law to the district because there are no references in law outside of this chapter to the former Glasscock County Underground Water Conservation District.  The omitted law reads:

Sec. 5.  The name of the Glasscock County Underground Water Conservation District is changed to the Glasscock Groundwater Conservation District. Any reference in law to the Glasscock County Underground Water Conservation District means the Glasscock Groundwater Conservation District.

[Sections 8840.005-8840.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Revised Law

Sec. 8840.051.  COMPOSITION OF BOARD; TERMS.  (a)  The district is governed by a board of directors as provided by Chapter 36, Water Code.

(b)  Directors serve staggered four-year terms. (Acts 67th Leg., R.S., Ch. 489, Secs. 11(a), (f) (part).)

Source Law

Sec. 11.  (a)  The district shall be governed by a board of directors as provided by Chapter 36, Water Code.

(f)  The directors serve staggered four-year terms… .

Revised Law

Sec. 8840.052.  ELECTION OF DIRECTORS.  (a)  The district is divided into numbered precincts for electing directors.

(b)  The board may revise the district precincts as necessary or appropriate.

(c)  One director is elected from each district precinct and one director is elected at large.  (Acts 67th Leg., R.S., Ch. 489, Secs. 11(c), (d).)

Source Law

(c)  The board of directors shall draw numbered precincts for electing directors. The board of directors may revise the district precincts as necessary or appropriate.

(d)  One director shall be elected from each district precinct and one director shall be elected at large.

Revisor's Note

Section 11(c), Chapter 489, Acts of the 67th Legislature, Regular Session, 1981, provides that the board "shall draw" numbered precincts for electing directors, which requires the board to divide the district into numbered precincts.  The revised law substitutes "is divided into" for the quoted language because the requirement that the board "draw," or divide the district into, numbered precincts is executed.

Revised Law

Sec. 8840.053.  ELECTION DATE.  The board shall hold an election to elect the appropriate number of directors on the uniform election date in May of each even-numbered year.  (Acts 67th Leg., R.S., Ch. 489, Sec. 11(f) (part).)

Source Law

(f)  …  The board of directors shall call and hold an election of the appropriate number of directors on the first Saturday in May of each even-numbered year.

Revisor's Note

(1)  Section 11(f), Chapter 489, Acts of the 67th Legislature, Regular Session, 1981, requires the board to "call and hold" an election to elect directors.  The revised law omits the reference 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.

(2)  Section 11(f), Chapter 489, Acts of the 67th Legislature, Regular Session, 1981, was amended in 2001 to require board elections to be held on the "first Saturday in May."  See Section 1, Chapter 294, Acts of the 77th Legislature, Regular Session, 2001. From 1987 to 2003, Section 41.001, Election Code, provided for a uniform election date for all political subdivisions on the first Saturday in May.  Chapter 1315, Acts of the 78th Legislature, Regular Session, 2003, amended Section 41.001 to change the uniform election date in May to the third Saturday in May.  Chapter 1, Acts of the 78th Legislature, 3rd Called Session, 2003, amended Section 41.001 to change the uniform election date in May back to the first Saturday in May.  Chapter 471, Acts of the 79th Legislature, Regular Session, 2005, amended Section 41.001 to change the uniform election date in May to the second Saturday in May.  The revised law substitutes "uniform election date in May" for "first Saturday in May" to reflect those changes and to preserve the legislative intent expressed in the 2001 amendment to Section 11(f) that the election be held on the first Saturday in May, which was at that time the uniform election date in May.

Revised Law

Sec. 8840.054.  QUALIFICATIONS FOR ELECTION.  (a) To be qualified for election as a director, a person must:

(1)  be a resident of the district or proposed district;

(2)  own land subject to taxation in the district or proposed district; and

(3)  be at least 21 years of age.

(b)  To be qualified for election as a director from a district precinct, a person must own land subject to taxation in the district precinct from which the person is elected.  (Acts 67th Leg., R.S., Ch. 489, Secs. 11(b), (e).)

Source Law

(b)  To be qualified for election as a director, a person must be a resident of the district or proposed district, own land subject to taxation in the district or proposed district, and be at least 21 years of age.

(e)  To be qualified for election as a director from a district precinct, a person must own land subject to taxation in the district precinct from which the person is elected.

Revised Law

Sec. 8840.055.  ELECTION OF DIRECTORS FOLLOWING ANNEXATION.  (a)  Territory may be added to the district under Chapter 36, Water Code.

(b)  If the district annexes territory, the directors shall determine the precincts to which annexed territory is added for the purpose of electing directors. (Acts 67th Leg., R.S., Ch. 489, Sec. 10.)

Source Law

Sec. 10.  Additional territory may be added to the district under Chapter 36, Water Code.  The directors shall determine to which district precincts the annexed land shall be added for purposes of election of directors.

Revisor's Note

(End of Subchapter)

(1)  Section 6, Chapter 489, Acts of the 67th Legislature, Regular Session, 1981, names the district's initial directors and describes their terms of office.  Because the terms of office of the initial directors have expired, the revised law omits the provisions as executed.  The omitted law reads:

Sec. 6.  (a)  The members of the initial board of directors are:

(1)  Lynn Glass;

(2)  Hubert Frerich;

(3)  Jerry Murphy;

(4)  Jimmy Strube; and

(5)  Dennis Seidenberger.

(b)  The initial members of the board shall serve until their successors have been elected and have qualified.

(2)  Section 4, Chapter 294, Acts of the 77th Legislature, Regular Session, 2001, contains transition language regarding directors' elections for the years 2001, 2002, and 2003, and the terms of office of the directors elected at those elections.  The revised law omits the language as executed because the terms of office of the directors have expired and the elections have been held.  The omitted law reads:

Sec. 4.  (a)  Notwithstanding Section 11(f), Chapter 489, Acts of the 67th Legislature, Regular Session, 1981, as amended by this Act, the board of directors of the Glasscock Groundwater Conservation District shall call and hold elections for directors only as provided by this section for the years 2001, 2002, and 2003, as applicable.

(b)  If this Act takes effect immediately:

(1)  on the second Saturday in August 2001, the appropriate number of directors shall be elected to serve until their successors take office following an election on the first Saturday in May 2004; and

(2)  on the second Saturday in August 2002, the appropriate number of directors shall be elected to serve until their successors take office following an election on the first Saturday in May 2006.

(c)  If this Act takes effect September 1, 2001:

(1)  on the second Saturday in August 2002, the appropriate number of directors shall be elected to serve until their successors take office following an election on the first Saturday in May 2004; and

(2)  on the second Saturday in August 2003, the appropriate number of directors shall be elected to serve until their successors take office following an election on the first Saturday in May 2006.

[Sections 8840.056-8840.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Revised Law

Sec. 8840.101.  GENERAL POWERS AND DUTIES.  The district may exercise:

(1)  the powers essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution; and

(2)  the rights, powers, duties, privileges, and functions provided by this chapter, Chapter 36, Water Code, and other laws of this state relating to groundwater conservation districts.  (Acts 67th Leg., R.S., Ch. 489, Secs. 1 (part), 4 (part).)

Source Law

Sec. 1.  [Under Section 59, Article XVI, Texas Constitution, the …  District is] … authorized to exercise the powers essential to the accomplishment of the purposes of that constitutional provision and to exercise the rights, powers, duties, privileges, and functions provided by this Act and by Chapter 36, Water Code, and by other laws of this state relating to groundwater conservation districts. …

Sec. 4.  The district may exercise the powers, rights, privileges, and functions permitted by Chapter 36, Water Code, … .

Revised Law

Sec. 8840.102.  ADMINISTRATIVE PROCEDURES.  Except as provided by this chapter, the administrative and procedural provisions of Chapter 36, Water Code, apply to the district.  (Acts 67th Leg., R.S., Ch. 489, Sec. 5.)

Source Law

Sec. 5.  Except as provided by this Act, the administrative and procedural provisions of Chapter 36, Water Code, apply to the district.

Revised Law

Sec. 8840.103.  WELL PERMITS.  (a)  As permitted by Chapter 36, Water Code, the district may:

(1)  require a permit for drilling, equipping, or completing a well in a groundwater reservoir; and

(2)  issue a permit subject to terms relating to drilling, equipping, or completing a well that are necessary to prevent waste or conserve, preserve, and protect groundwater.

(b)  The district may not deny an owner of land, or the owner's heirs, assigns, and lessees, a permit to drill a well on that land or the right to produce groundwater from that well subject to rules adopted under this chapter.  (Acts 67th Leg., R.S., Ch. 489, Sec. 4 (part).)

Source Law

Sec. 4.  [The district may exercise the powers, rights, privileges, and functions permitted by Chapter 36, Water Code,] including authority to:

…

(2)  require permits for the drilling, equipping, and completion of wells in the groundwater reservoirs and issue permits subject to terms and provisions with reference to the drilling, equipping, and completion of the wells as may be necessary to prevent waste or conserve, preserve, and protect groundwater;

(3)  … provided, the owner of the land, the owner's heirs, assigns, and lessees are not denied a permit to drill a well on their land and the right to produce groundwater from that well subject to rules adopted under this Act;

… .

Revisor's Note

Section 4(2), Chapter 489, Acts of the 67th Legislature, Regular Session, 1981, refers to "terms and provisions."  The revised law omits the reference to "provisions" because "provisions" is included in the meaning of "terms."

Revised Law

Sec. 8840.104.  WELL SPACING AND PRODUCTION.  To minimize as far as practicable the drawdown of the water table or the reduction of the artesian pressure, the district, as permitted by Chapter 36, Water Code, may provide for the spacing of wells producing from the groundwater reservoirs and regulate the production from those wells.  (Acts 67th Leg., R.S., Ch. 489, Sec. 4 (part).)

Source Law

Sec. 4.  [The district may exercise the powers, rights, privileges, and functions permitted by Chapter 36, Water Code, including authority to:]

…

(3)  provide for the spacing of wells producing from the groundwater reservoirs and regulate the production from those wells to minimize as far as practicable the drawdown of the water table or the reduction of the artesian pressure, … ;

… .

Revised Law

Sec. 8840.105.  LOGS.  As permitted by Chapter 36, Water Code, the district may require that:

(1)  accurate driller's logs be kept of the drilling, equipping, or completion of a well into a groundwater reservoir; and

(2)  a copy of a driller's log and of any electric log that may be made of the well be filed with the district.  (Acts 67th Leg., R.S., Ch. 489, Sec. 4 (part).)

Source Law

Sec. 4.  [The district may exercise the powers, rights, privileges, and functions permitted by Chapter 36, Water Code, including authority to:]

…

(4)  … require accurate driller's logs to be kept of those wells and a copy of those logs and of any electric logs that may be made of the wells to be filed with the district;

… .

Revisor's Note

Section 4(4), Chapter 489, Acts of the 67th Legislature, Regular Session, 1981, provides that the district may require that certain records be kept and reports be made regarding water wells and the use of groundwater.  The revised law omits the provision because it duplicates, in substance, Section 36.111(a), Water Code.  The omitted law reads:

Sec. 4.  [The district may … :]

…

(4)  require records to be kept and reports to be made of the drilling, equipping, and completion of wells into any groundwater reservoir and the taking and use of groundwater from those reservoirs and … .

Revised Law

Sec. 8840.106.  SURVEYS.  As permitted by Chapter 36, Water Code, the district may have a licensed engineer survey the groundwater of a groundwater reservoir and the facilities for the development, production, and use of that groundwater and determine the quantity of the groundwater available for production and use and the improvements, developments, and recharges needed for the groundwater reservoir.  (Acts 67th Leg., R.S., Ch. 489, Sec. 4 (part).)

Source Law

Sec. 4.  [The district may exercise the powers, rights, privileges, and functions permitted by Chapter 36, Water Code, including authority to:]

…

(6)  have made by registered professional engineers surveys of the groundwater of any groundwater reservoir and of the facilities for the development, production, and use of that groundwater, determine the quantity of the groundwater available for production and use and the improvements, developments, and recharges needed for those groundwater reservoirs;

… .

Revisor's Note

Section 4(6), Chapter 489, Acts of the 67th Legislature, Regular Session, 1981, refers to "registered professional engineers."  The revised law substitutes "engineer" for "professional engineer" because "engineer" is the term used by Chapter 1001, Occupations Code, which regulates engineers.  The revised law also substitutes "licensed" for "registered" because Chapter 1001, Occupations Code, requires that a person hold a license to engage in the practice of engineering.

Revised Law

Sec. 8840.107.  RESEARCH AND DETERMINATIONS REGARDING GROUNDWATER WITHDRAWAL.  As permitted by Chapter 36, Water Code, the district may carry out research projects, develop information, and determine limitations, if any, that should be made on the withdrawal of groundwater from a groundwater reservoir.  (Acts 67th Leg., R.S., Ch. 489, Sec. 4 (part).)

Source Law

Sec. 4.  [The district may exercise the powers, rights, privileges, and functions permitted by Chapter 36, Water Code, including authority to:]

…

(8)  carry out research projects, develop information, and determine limitations, if any, that should be made on the withdrawal of groundwater from any groundwater reservoir;

… .

Revised Law

Sec. 8840.108.  COLLECTION AND PRESERVATION OF INFORMATION.  As permitted by Chapter 36, Water Code, the district may collect and preserve information regarding the use of groundwater and the practicability of recharge of a groundwater reservoir.  (Acts 67th Leg., R.S., Ch. 489, Sec. 4 (part).)

Source Law

Sec. 4.  [The district may exercise the powers, rights, privileges, and functions permitted by Chapter 36, Water Code, including authority to:]

…

(9)  collect and preserve information regarding the use of the groundwater and the practicability of recharge of any groundwater reservoir;

… .

Revised Law

Sec. 8840.109.  CONTRACT FOR SALE AND DISTRIBUTION OF WATER.  As permitted by Chapter 36, Water Code, the district may contract for, sell, and distribute water from a water import authority or other agency.  (Acts 67th Leg., R.S., Ch. 489, Sec. 4 (part).)

Source Law

Sec. 4.  [The district may exercise the powers, rights, privileges, and functions permitted by Chapter 36, Water Code, including authority to:]

…

(11)  contract for, sell, and distribute water from a water import authority, or other agency.

Revisor's Note

(End of Subchapter)

(1)  Section 4(1), Chapter 489, Acts of the 67th Legislature, Regular Session, 1981, states that the district may make and enforce rules relating to groundwater and that the district may enforce its rules in court.  The revised law omits that provision because it duplicates parts of Sections 36.101 and 36.102, Water Code, which apply to the district under Section 8840.101 of this chapter and Section 36.001(1), Water Code.  The omitted law reads:

Sec. 4.  [The district may … :]

(1)  make and enforce rules to provide for conserving, preserving, protecting, recharging, and preventing waste of the water from the groundwater reservoirs that may be enforced by injunction, mandatory injunction, or other appropriate remedies in a court of competent jurisdiction;

… .

(2)  Section 4(5), Chapter 489, Acts of the 67th Legislature, Regular Session, 1981, provides that the district may acquire land for certain purposes and perform certain actions necessary to recharge a groundwater reservoir.  The revised law omits the provision because it duplicates, in substance, Section 36.103(b), Water Code.  The omitted law reads:

Sec. 4.  [The district may … :]

…

(5)  acquire land for the erection of dams and for the purpose of draining lakes, draws, and depressions, and construct dams, drain lakes, depressions, draws, and creeks and install pumps and other equipment necessary to recharge any groundwater reservoirs;

… .

(3)  Section 4(7), Chapter 489, Acts of the 67th Legislature, Regular Session, 1981, authorizes the district to develop comprehensive plans for the most efficient use of groundwater and for the control and prevention of waste of that groundwater.  The revised law omits the provision as superseded by Section 36.1071, Water Code, which requires groundwater conservation districts to develop a comprehensive management plan with certain mandatory components.  Section 36.052(b), Water Code, added by Chapter 1010, Acts of the 75th Legislature, Regular Session, 1997, provides that certain sections of Chapter 36, including Section 36.1071, prevail over a conflicting or inconsistent provision of a special law that governs a specific district.  The omitted law reads:

Sec. 4.  [The district may … :]

…

(7)  develop comprehensive plans for the most efficient use of the groundwater of any groundwater reservoir and for the control and prevention of waste of that groundwater, with the plans to specify in the amount of detail that may be practicable the acts, procedure, performance, and avoidance that are or may be necessary to effect those plans, including specifications;

… .

(4)  Section 4(10), Chapter 489, Acts of the 67th Legislature, Regular Session, 1981, provides that the district may publish and disseminate to certain persons plans and information and encourage the adoption and execution of the plans.  The revised law omits the provision because it duplicates, in substance, Section 36.110, Water Code.  The omitted law reads:

Sec. 4.  [The district may … :]

…

(10)  publish plans and information, bring them to the notice and attention of the users of the groundwater within the district, and encourage their adoption and execution; and

… .

(5)  Section 8, Chapter 489, Acts of the 67th Legislature, Regular Session, 1981, provides that the tax and bond provisions of Chapter 36, Water Code, apply to the district.  The revised law omits the provision because Section 4 of the act (revised in this chapter as Section 8840.101) provides that the district may exercise the rights, powers, duties, privileges, and functions provided by Chapter 36, Water Code.  The provisions applicable to the district under Section 8840.101 include any tax and bond provisions of Chapter 36, Water Code.  The omitted law reads:

Sec. 8.  The tax and bond provisions of Chapter 36, Water Code, apply to the district.

(6)  Section 9, Chapter 489, Acts of the 67th Legislature, Regular Session, 1981, provides that the dissolution provisions of Chapter 36, Water Code, apply to the district.  The revised law omits the provision for the reasons stated in Revisor's Note (5) to the end of this subchapter.  The omitted law reads:

Sec. 9.  Chapter 36, Water Code, applies to dissolution of the district.

Revisor's Note

(End of Chapter)

Sections 2 and 3, Chapter 294, Acts of the 77th Legislature, Regular Session, 2001, validate certain actions of the district.  Those provisions are omitted from the revised law because they served their purposes on the day they took effect and are executed law.  Section 311.031(a)(2), Government Code (Code Construction Act), provides that the repeal of a statute does not affect any validation previously made under the statute.  The omitted law reads:

Sec. 2.  The following acts and proceedings relating to the Glasscock Groundwater Conservation District are validated in all respects as if the acts and proceedings had occurred as authorized by law:

(1)  all acts and proceedings of the district taken before the effective date of this Act, including the adoption of rules, the approval or issuance of water well drilling permits, and annexations of land;

(2)  all acts and proceedings of the district taken before the effective date of this Act regarding bonds and other obligations of the district authorized or issued before the effective date of this Act; and

(3)  all acts and proceedings that occur before the effective date of this Act regarding the selection or actions of the directors of the district, whether elected or appointed, who took office before the effective date of this Act.

Sec. 3.  Section 2 of this Act does not apply to any matter that on the effective date of this Act:

(1)  is involved in litigation if the litigation ultimately results in the matter being held invalid by a final judgment of a court of competent jurisdiction; or

(2)  has been held invalid by a final judgment of a court of competent jurisdiction.