81C227(4) SMH

 

CHAPTER 8842. HEADWATERS GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 8842.001.  DEFINITIONS ...............................  1

Sec. 8842.002.  NATURE OF DISTRICT ........................  2

Sec. 8842.003.  FINDINGS OF PUBLIC USE AND BENEFIT ........  3

Sec. 8842.004.  DISTRICT TERRITORY ........................  3

[Sections 8842.005-8842.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Sec. 8842.051.  COMPOSITION OF BOARD; TERMS ...............  6

Sec. 8842.052.  ELECTION OF DIRECTORS .....................  7

Sec. 8842.053.  ELECTION DATE .............................  8

Sec. 8842.054.  ELIGIBILITY ............................... 10

Sec. 8842.055.  COMPENSATION; EXPENSES .................... 11

[Sections 8842.056-8842.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 8842.101.  GROUNDWATER CONSERVATION DISTRICT

                  POWERS AND DUTIES ....................... 13

Sec. 8842.102.  AUTHORITY OF DISTRICT TO CONTRACT WITH

                  GOVERNMENTAL BODIES ..................... 14

Sec. 8842.103.  GRANTING OF GROUNDWATER RIGHTS

                  PROHIBITED .............................. 15

CHAPTER 8842. HEADWATERS GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Revised Law

Sec. 8842.001.  DEFINITIONS.  In this chapter:

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

(2)  "Director" means a board member.

(3)  "District" means the Headwaters Groundwater Conservation District.  (Acts 72nd Leg., R.S., Ch. 693, Sec. 2; New.)

Source Law

Sec. 2.  In this Act, "district" means the Headwaters 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. 8842.002.  NATURE OF DISTRICT.  The district is a groundwater conservation district in Kerr County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.  (Acts 72nd Leg., R.S., Ch. 693, Secs. 1(a) (part), (b).)

Source Law

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

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

Revisor's Note

(1)  Section 1(a), Chapter 693, Acts of the 72nd Legislature, Regular Session, 1991, 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 693, Acts of the 72nd Legislature, Regular Session, 1991, 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. 8842.003.  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 72nd Leg., R.S., Ch. 693, 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 Article XVI, Section 59, of the Texas Constitution.  The district is created to serve a public use and benefit.

Revised Law

Sec. 8842.004.  DISTRICT TERRITORY.  The district's boundaries are coextensive with the boundaries of Kerr County, unless the district's territory has been modified under:

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

(2)  other law.  (Acts 72nd Leg., R.S., Ch. 693, Sec. 3; New.)

Source Law

Sec. 3.  The boundaries of the district are coextensive with the boundaries of Kerr 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 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.

Revisor's Note

(End of Subchapter)

(1)  Section 2A, Chapter 693, Acts of the 72nd Legislature, Regular Session, 1991, provides that a reference in law to the Headwaters Underground Water Conservation District means the Headwaters Groundwater Conservation District.  The revised law omits that provision because there are no references in law outside of this chapter to the former Headwaters Underground Water Conservation District.  The omitted law reads:

Sec. 2A.  A reference in law to the Headwaters Underground Water Conservation District means the Headwaters Groundwater Conservation District.

(2)  Section 5(a), Chapter 693, Acts of the 72nd Legislature, Regular Session, 1991, 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.

(3)  Section 5(c), Chapter 693, Acts of the 72nd Legislature, Regular Session, 1991, 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 8842.101 of this chapter and Section 36.001(1), Water Code.  The revised law omits Section 5(c) because it substantially duplicates Section 36.052, Water Code, which provides that the same provisions of the Water Code provided for under Section 5(c), 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(c) 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:

(c)  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.

(4)  Section 8, Chapter 693, Acts of the 72nd Legislature, Regular Session, 1991, 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)  The temporary board of directors shall call and hold an election to confirm 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 as provided by Section 51.075, Water Code.

(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 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 Water Commission.

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

(e)  Except as provided by this section, a confirmation and initial directors' election must be conducted as provided by Sections 52.059(b)-(g), Water Code, and the Election Code.

[Sections 8842.005-8842.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Revised Law

Sec. 8842.051.  COMPOSITION OF BOARD; TERMS.  (a) The district is governed by a board of five directors.

(b)  Directors serve staggered four-year terms.  (Acts 72nd Leg., R.S., Ch. 693, 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 693, Acts of the 72nd Legislature, Regular Session, 1991, refers to "[p]ermanent directors."  Sections 6, 7, and 8 of Chapter 693 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 Revisor's Notes (1) and (2) to 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 6(e), Chapter 693, Acts of the 72nd Legislature, Regular Session, 1991, 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 8842.101 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 693, Acts of the 72nd Legislature, Regular Session, 1991, 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. 8842.052.  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, a new director is elected from each precinct.  The directors shall draw lots to determine which two directors shall serve two-year terms and which two directors shall serve four-year terms.  (Acts 72nd Leg., R.S., Ch. 693, Secs. 9(a), (c), (e), (f).)

Source Law

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

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

(e)  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.

(f)  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 elected shall draw lots to determine which two directors serve two-year terms and which two directors serve four-year terms.

Revisor's Note

Section 9(c), Chapter 693, Acts of the 72nd Legislature, Regular Session, 1991, refers to the "electors" of the entire district or of a county commissioners precinct in the district.  The revised law substitutes "voters" for "electors" because the former is the term used in the Election Code.

Revised Law

Sec. 8842.053.  ELECTION DATE.  (a)  Except as provided by Subsection (b), directors' elections shall occur on the date of the general election for state and county officers.

(b)  If directors' elections may not lawfully be held on the date described by Subsection (a), directors' elections shall occur on the uniform election date in May of odd-numbered years.  (Acts 72nd Leg., R.S., Ch. 693, Sec. 9(b).)

Source Law

(b)  Directors' elections shall occur on the general election dates for the election of county commissioners, except that if directors' elections may not lawfully be held on the general election dates for the election of county commissioners, directors' elections shall occur on the first Saturday in May of odd-numbered years.

Revisor's Note

(1)  Section 9(b), Chapter 693, Acts of the 72nd Legislature, Regular Session, 1991, refers to the "general election dates for the election of county commissioners."  The revised law substitutes for the quoted language a reference to the "date of the general election for state and county officers" because that is the term used in the Election Code to describe the date on which county commissioners are elected.  See, for example, Sections 1.005(7) and 41.002, Election Code.

(2)  Section 9(b), Chapter 693, Acts of the 72nd Legislature, Regular Session, 1991, requires certain board elections on the "first Saturday in May of odd-numbered years."  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 Section 9(b) 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. 8842.054.  ELIGIBILITY.  (a)  To be eligible to serve on the board, a person must have been a resident of the district for at least one year before the date the person takes office as a director.

(b)  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.

(c)  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 72nd Leg., R.S., Ch. 693, Secs. 6(h), 9(d).)

Source Law

[Sec. 6]

(h)  To be eligible to serve on the board of directors, a person must have been a resident of the district for at least one year before the date the person takes office as a director.

[Sec. 9]

(d)  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 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

Section 9, Chapter 1348, Acts of the 77th Legislature, Regular Session, 2001, refers to transition procedures regarding the eligibility of certain directors elected on or before June 16, 2001, the effective date of the act.  The revised law omits the provision as executed.  The omitted law reads:

Sec. 9.  The eligibility requirement created by Section 6(h), Chapter 693, Acts of the 72nd Legislature, Regular Session, 1991, as added by this Act, applies only to a director elected after the effective date of this Act.

Revised Law

Sec. 8842.055.  COMPENSATION; EXPENSES.  A director serves without compensation but is entitled to reimbursement for actual expenses incurred in performing activities related to district business, including education, travel, and seminars.  (Acts 72nd Leg., R.S., Ch. 693, Sec. 6(g).)

Source Law

(g)  The directors serve without compensation; but are entitled to reimbursement for actual expenses incurred in the performance of activities related to district business including education, travel and seminars.

Revisor's Note

(End of Subchapter)

(1)  Sections 6(b) and (c), Chapter 693, Acts of the 72nd Legislature, Regular Session, 1991, 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 permanent directors has been held.  The omitted law reads:

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

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

(2)  Section 7, Chapter 693, Acts of the 72nd Legislature, Regular Session, 1991, 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. 7.  (a)  The temporary board of directors is composed of:

(1)  George Holekamp

(2)  Madge Parmley Reid

(3)  Thomas Syfan

(4)  Eddie Taylor

(5)  Tobin Parker

(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 Water Commission shall appoint the necessary number of persons to fill all vacancies on the board.

(3)  Section 8, Chapter 1348, Acts of the 77th Legislature, Regular Session, 2001, refers to transition procedures regarding the terms of certain elected directors.  The revised law omits those provisions as executed.  The omitted law reads:

Sec. 8.  Notwithstanding Section 9, Chapter 693, Acts of the 72nd Legislature, Regular Session, 1991, as amended by this Act:

(1)  the three directors of the Headwaters Groundwater Conservation District elected at the directors' election in May 2001 shall continue to serve until their successors take office following an election in November 2004, except that if the district is prohibited from holding a directors' election on the same date as the general election for county commissioners, those three directors shall continue to serve until their successors take office following an election in May 2005;

(2)  at the district directors' election in November 2004, or alternatively, in May 2005, one director shall be elected at large, one director shall be elected from Commissioners Precinct No. 2 of Kerr County, and one director shall be elected from Commissioners Precinct No. 4 of that county;

(3)  the two district directors elected in May 2003 shall continue to serve until their successors take office following an election in November 2006, except that if the district is prohibited from holding a directors' election on the same date as the general election for county commissioners, those two directors shall continue to serve until their successors take office following an election in May 2007; and

(4)  at the district directors' election in November 2006, or if necessary, in May 2007, one director shall be elected from Commissioners Precinct No. 1 of Kerr County, and one director shall be elected from Commissioners Precinct No. 3 of that county.

[Sections 8842.056-8842.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Revised Law

Sec. 8842.101.  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 Chapter 36, Water Code, applicable to groundwater conservation districts created under Section 59, Article XVI, Texas Constitution.  (Acts 72nd Leg., R.S., Ch. 693, Sec. 5(a) (part).)

Source Law

Sec. 5.  (a)  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 Article XVI, Section 59, of the Texas Constitution… .

Revisor's Note

(1)  Section 5(a), Chapter 693, Acts of the 72nd Legislature, Regular Session, 1991, refers to the "rights, powers, privileges, [and] authority" of the district.  The revised law omits "authority" because, in context, "authority" is included in the meaning of "rights, powers, [and] privileges."

(2)  Section 5(b), Chapter 693, Acts of the 72nd Legislature, Regular Session, 1991, 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.

Revised Law

Sec. 8842.102.  AUTHORITY OF DISTRICT TO CONTRACT WITH GOVERNMENTAL BODIES.  (a)  The district may contract with Kerr County or a river authority whose boundaries are coextensive with the district's boundaries for services available from the county or river authority that directly relate to the district's activities.  Any party to a contract under this subsection may petition the Texas Commission on Environmental Quality to resolve any dispute arising out of the contract.

(b)  The district may contract with a state agency or another governmental body to carry out any function of the district.  (Acts 72nd Leg., R.S., Ch. 693, Sec. 10.)

Source Law

Sec. 10.  (a)  The district may contract with Kerr County or a river authority whose boundaries are coextensive with the district's boundaries for services available from the county or river authority that directly relate to the district's activities.  Any party to a contract required by this subsection may petition the commission to resolve any dispute arising out of the contract.

(b)  The district may contract with a state agency or another governmental body to carry out any function of the district.

Revisor's Note

Section 10(a), Chapter 693, Acts of the 72nd Legislature, Regular Session, 1991, formerly provided that the district "shall" contract with certain entities and authorized any party to a contract "required by" that subsection to petition the "commission" to resolve any dispute arising out of the contract.  Section 7, Chapter 1348, Acts of the 77th Legislature, Regular Session, 2001, amended Section 10(a) of Chapter 693 to provide that the district "may" enter into such a contract, but Section 7 did not make a conforming change to the reference in Section 10(a) to a contract "required by" that subsection.  The revised law substitutes a reference to a party to a contract "under" that subsection for the reference to a party to a contract "required by" that subsection because, after the 2001 amendment, that subsection no longer requires a party to enter into a contract.  The revised law also substitutes a reference to the "Texas Commission on Environmental Quality" for the reference to the "commission" because it is clear from the context that the reference is to that entity.  See Revisor's Note (2) to Section 8842.101 of this chapter.

Revised Law

Sec. 8842.103.  GRANTING OF GROUNDWATER RIGHTS PROHIBITED.  The district may not sell, donate, lease, or otherwise grant rights in or to groundwater located in the district.  (Acts 72nd Leg., R.S., Ch. 693, Sec. 11.)

Source Law

Sec. 11.  The district may not sell, donate, lease, or otherwise grant rights in or to underground water located in the district.

Revisor's Note

Section 11, Chapter 693, Acts of the 72nd Legislature, Regular Session, 1991, refers to "underground water."  The revised law substitutes "groundwater" for "underground water" because that is the term used by Chapter 36, Water Code, and because that is the more commonly used and modern term.

Revisor's Note

(End of Chapter)

Section 12, Chapter 693, Acts of the 72nd Legislature, Regular Session, 1991, 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 Water Commission.

(b)    The Texas Water 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.