81C234(3) JJT

 

CHAPTER 8844.  HILL COUNTRY UNDERGROUND WATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 8844.001.  DEFINITIONS ...............................  2

Sec. 8844.002.  NATURE OF DISTRICT ........................  2

Sec. 8844.003.  LEGISLATIVE FINDINGS ......................  3

Sec. 8844.004.  DISTRICT TERRITORY ........................  3

[Sections 8844.005-8844.050 reserved for expansion]

SUBCHAPTER B.  ANNEXATION OF TERRITORY

Sec. 8844.051.  ANNEXATION OF TERRITORY AUTHORIZED ........  5

Sec. 8844.052.  PETITION FOR ANNEXATION ELECTION ..........  5

Sec. 8844.053.  HEARING; ELECTION ORDER ...................  5

Sec. 8844.054.  BALLOTS ...................................  6

Sec. 8844.055.  DECLARATION OF ELECTION RESULTS ...........  7

[Sections 8844.056-8844.100 reserved for expansion]

SUBCHAPTER C.  BOARD OF DIRECTORS

Sec. 8844.101.  COMPOSITION OF BOARD ......................  8

Sec. 8844.102.  TERMS .....................................  9

Sec. 8844.103.  QUALIFICATIONS FOR ELECTION;

                  ELIGIBILITY TO SERVE ....................  9

Sec. 8844.104.  ELECTION DATE ............................. 10

[Sections 8844.105-8844.150 reserved for expansion]

SUBCHAPTER D.  POWERS AND DUTIES

Sec. 8844.151.  GROUNDWATER CONSERVATION DISTRICT

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

Sec. 8844.152.  RECLAMATION ............................... 14

Sec. 8844.153.  SOIL CONSERVATION AND IMPROVEMENT ......... 14

Sec. 8844.154.  INPUT WELLS ............................... 14

Sec. 8844.155.  ACQUISITION OF PROPERTY ................... 14

Sec. 8844.156.  SALE AND DISPOSAL OF PROPERTY ............. 15

Sec. 8844.157.  APPEARANCE BEFORE RAILROAD COMMISSION ..... 15

Sec. 8844.158.  PROHIBITION:  SUPPLY OF GROUNDWATER ....... 15

CHAPTER 8844.  HILL COUNTRY UNDERGROUND WATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Revised Law

Sec. 8844.001.  DEFINITIONS.  In this chapter:

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

(2)  "Director" means a board member.

(3)  "District" means the Hill Country Underground Water Conservation District.  (Acts 70th Leg., R.S., Ch. 865, Sec. 2; New.)

Source Law

Sec. 2.  In this Act, "district" means the Hill Country Underground Water 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. 8844.002.  NATURE OF DISTRICT.  The district is created under Section 59, Article XVI, Texas Constitution.  (Acts 70th Leg., R.S., Ch. 865, Sec. 1 (part).)

Source Law

Sec. 1.  … the Hill Country Underground Water Conservation District is created under Article XVI, Section 59, of the Texas Constitution.

Revisor's Note

Section 1, Chapter 865, Acts of the 70th Legislature, Regular Session, 1987, refers to the confirmation election required by Section 6 of that chapter.  Because the confirmation election has already been held, the revised law omits the provision as executed.  The omitted law reads:

Sec. 1.  On approval at the election required by Section 6 of this Act, … .

Revised Law

Sec. 8844.003.  LEGISLATIVE FINDINGS.  The legislature finds that:

(1)  the organization of the district is feasible and practicable;

(2)  the land to be included in the district and the residents of the district will benefit from the creation of the district;

(3)  there is a public necessity for the district; and

(4)  the creation of the district will further the public welfare.  (Acts 70th Leg., R.S., Ch. 865, Sec. 3.)

Source Law

Sec. 3.  The legislature finds that:

(1)  the organization of the district is feasible and practicable;

(2)  the land to be included in and the residents of the district will be benefited by the creation of the district;

(3)  there is a public necessity for the district; and

(4)  the creation of the district will further the public welfare.

Revised Law

Sec. 8844.004.  DISTRICT TERRITORY.  The district is composed of the territory located in Gillespie County, unless the district's territory has been modified under:

(1)  this subchapter; or

(2)  other law.  (Acts 70th Leg., R.S., Ch. 865, Sec. 4; New.)

Source Law

Sec. 4.  The district is composed of all the territory located within Gillespie 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 this subchapter and to the general authority of the legislature to enact other laws to change the district's territory.

Revisor's Note

(End of Subchapter)

Section 6, Chapter 865, Acts of the 70th Legislature, Regular Session, 1987, provides 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:

Sec. 6.  (a)  Not later than the 30th day after the effective date of this Act, the temporary directors shall meet and shall call an election to be held not later than the 120th day after the effective date of this Act within the boundaries of the proposed district to approve the creation of the district.

(b)  Section 41.001(a), Election Code, does not apply to an election called under this section.

(c)  The ballot for the election must be printed to provide for voting for or against the proposition: "The creation of the Hill Country Underground Water Conservation District."

(d)  If a majority of the votes cast at the election favor the creation of the district, the temporary directors shall declare the district created.  If a majority of the votes cast at the election are against the creation of the district, the temporary directors shall declare the district defeated.  The temporary directors shall file a copy of the election results with the Texas Water Commission.

(e)  If the creation of the district is defeated, further elections may be called by the temporary directors to create the district, but another election to confirm creation of the district may not be called and held before the first anniversary of the most recent creation election.  If the district is not created within five years after the effective date of this Act, this Act expires.

(f)  Except as specifically provided by this section, an election under this section is governed by the Election Code.

[Sections 8844.005-8844.050 reserved for expansion]

SUBCHAPTER B.  ANNEXATION OF TERRITORY

Revised Law

Sec. 8844.051.  ANNEXATION OF TERRITORY AUTHORIZED.  The board may annex territory to the district as provided by this subchapter.  (Acts 70th Leg., R.S., Ch. 865, Sec. 20(a).)

Source Law

Sec. 20.  (a)  The board may annex territory to the district in the manner provided by this section.

Revised Law

Sec. 8844.052.  PETITION FOR ANNEXATION ELECTION.  (a)  To initiate a proceeding to annex territory to the district, a written petition requesting that the board call an annexation election must be presented to the board.

(b)  The petition must:

(1)  define the territory to be annexed; and

(2)  be signed by at least 50 percent of the persons who reside in the territory to be annexed according to the most recent federal census.  (Acts 70th Leg., R.S., Ch. 865, Sec. 20(b).)

Source Law

(b)  To initiate annexation proceedings, a petition requesting the board to call an annexation election for a designated territory must be submitted to the board.  The petition must be in writing, must define the territory to be annexed, and must be signed by not fewer than 50 percent of the persons residing in the territory to be annexed according to the most recent federal census.

Revised Law

Sec. 8844.053.  HEARING; ELECTION ORDER.  (a) On receipt of a petition under Section 8844.052, the board shall set a date for a hearing on the petition.  The hearing must be set for a date that is not later than the 20th day after the date the board receives the petition.

(b)  The board shall publish notice of the place, time, date, and purpose of the hearing in one or more newspapers with general circulation in the district and in the territory to be annexed.

(c)  At the hearing, any person may present testimony for or against annexation of the territory to the district.

(d)  At the conclusion of the hearing, the board shall determine whether an election should be held to determine whether the territory should be annexed.

(e)  If the board determines that an election should be held, the board shall issue an order calling separate elections to be held in the district and in the territory to be annexed to determine whether the territory should be annexed to the district.  The board shall hold the elections on the same day at the next uniform election date following the date of the order.

(f)  If the board determines that an election should not be held, the board shall issue an order denying the petition.  (Acts 70th Leg., R.S., Ch. 865, Secs. 20(c), (d), (e), (f), (g), (h).)

Source Law

(c)  On receipt of a petition under Subsection (b) of this section, the board shall set a date for a hearing on the petition.  The date set for the hearing may not be later than the 20th day after the date on which the petition is received by the board.

(d)  The board shall publish notice of the place, time, date, and purpose of the hearing in one or more newspapers with general circulation in the district and in the territory to be annexed.

(e)  At the hearing, any person may present testimony for or against annexation of the territory to the district.

(f)  At the conclusion of the hearing, the board shall determine if an election should be held in the district and the territory to be annexed to determine whether the territory should be annexed.

(g)  If the board determines that an election should be held, it shall issue an order calling separate elections to be held in the district and in the territory to be annexed to determine if the territory should be annexed to the district.  The board must hold the elections on the same day at the next uniform election date following the date of the order.

(h)  If the board determines that an election should not be held, it shall issue an order denying the petition.

Revised Law

Sec. 8844.054.  BALLOTS.  Ballots for an election called under Section 8844.053 must be printed to provide for voting for or against the proposition: "The inclusion of _______________________ (briefly describe the territory to be annexed) in the Hill Country Underground Water Conservation District, and assumption by the described territory of a proportional share of the outstanding indebtedness of the district."  (Acts 70th Leg., R.S., Ch. 865, Sec. 20(i).)

Source Law

(i)  The ballots for the election shall be printed to provide for voting for or against the proposition: "The inclusion of ________________________ (briefly describe the territory to be annexed) in the Hill Country Underground Water Conservation District, and assumption by the described territory of a proportional share of the outstanding indebtedness of the district."

Revised Law

Sec. 8844.055.  DECLARATION OF ELECTION RESULTS.  (a)  If a majority of the voters in the district and a majority of the voters in the territory to be annexed voting on the proposition vote in favor of the proposition, the territory is annexed to the district, and the board shall issue a declaration to that effect.

(b)  If a majority of the voters in the district or in the territory to be annexed voting on the proposition vote against annexing the territory to the district, the territory is not annexed to the district, and the board shall issue a declaration to that effect.

(c)  The board shall file a copy of the election results and declaration with the Texas Commission on Environmental Quality.  (Acts 70th Leg., R.S., Ch. 865, Sec. 20(j).)

Source Law

(j)  If a majority of the voters in the district and a majority of the voters in the territory to be annexed voting on the proposition vote in favor of the proposition, the territory is annexed to the district, and the board shall issue a declaration to that effect.  If a majority of the voters in either or both the district and the territory to be annexed voting on the proposition vote against annexing the territory to the district, the territory is not annexed to the district, and the board shall issue a declaration to that effect.  The board shall file a copy of the election results and declaration with the Texas Water Commission.

Revisor's Note

Section 20(j), Chapter 865, Acts of the 70th Legislature, Regular Session, 1987, refers to the "Texas Water Commission."  The revised law substitutes "Texas Commission on Environmental Quality" for "Texas Water Commission" to reflect the current name of the agency with the relevant regulatory authority.

[Sections 8844.056-8844.100 reserved for expansion]

SUBCHAPTER C.  BOARD OF DIRECTORS

Revised Law

Sec. 8844.101.  COMPOSITION OF BOARD.  (a)  The board is composed of five directors, unless the board is expanded under Subsection (b).

(b)  If territory is annexed to the district, the territory annexed is entitled to be represented by one director, and the board shall add one director to the board for that purpose.  The board shall appoint an initial director to represent the newly annexed territory.  The initial director serves until the first regular meeting of the board following the first regular election of directors subsequent to the annexation of the territory.  (Acts 70th Leg., R.S., Ch. 865, Secs. 8, 20(k).)

Source Law

Sec. 8.  Unless expanded under Section 20(k) of this Act, the board of directors of the district is composed of five members as provided by Section 52.102, Water Code.

[Sec. 20]

(k)  If the territory is annexed to the district, the territory is entitled to be represented by one director on the board, and one director shall be added to the board for that purpose.  The initial director representing a territory under this section shall be appointed by the board and shall serve until the first regular meeting of the board following the first regular election of directors subsequent to the annexation of the territory to the district.

Revisor's Note

Section 8, Chapter 865, Acts of the 70th Legislature, Regular Session, 1987, provides that the board of directors is composed of five directors "as provided by Section 52.102, Water Code."  The revised law omits the quoted language because it duplicates, in substance, Section 36.059(b), Water Code, which applies to the district under Section 8844.151 of this chapter and Section 36.001(1), Water Code.  Both former Section 52.102, Water Code (repealed by Section 6, Chapter 933, Acts of the 74th Legislature, Regular Session, 1995), and Section 36.059(b), Water Code, provide for a district's board to be elected according to "the precinct method as prescribed by Chapter 12, page 1105, Special Laws, Acts of the 46th Legislature, Regular Session, 1939," and include the same provisions for the treatment of any part of a municipality that falls in a precinct.

Revised Law

Sec. 8844.102.  TERMS.  Directors serve four-year terms.  (Acts 70th Leg., R.S., Ch. 865, Sec. 11.)

Source Law

Sec. 11.  Except for the initial directors of the district, directors shall serve for terms of four years.

Revisor's Note

Section 11, Chapter 865, Acts of the 70th Legislature, Regular Session, 1987, refers to the terms of the district's initial directors.  The revised law omits the reference as executed because the terms of the district's initial directors have expired.

Revised Law

Sec. 8844.103.  QUALIFICATIONS FOR ELECTION; ELIGIBILITY TO SERVE.  (a)  To be qualified for election as a director, a person must be:

(1)  a resident of the district; and

(2)  at least 18 years of age.

(b)  In addition to the requirements of Subsection (a):

(1)  to be a director from a county commissioners precinct, a person must be a resident of that precinct; and

(2)  to be a director from a specific territory annexed to the district, a person must be a resident of that territory.  (Acts 70th Leg., R.S., Ch. 865, Sec. 9.)

Source Law

Sec. 9.  (a)  To be qualified for election as a director, a person must be a resident of the district and must be at least 18 years of age.

(b)  In addition to the requirements of Subsection (a) of this section, a person who is a director from a county commissioners precinct must be a resident of that precinct and a person who is a director from a specific territory annexed to the district must be a resident of that territory.

Revised Law

Sec. 8844.104.  ELECTION DATE.  Each odd-numbered year, the board shall hold an election in the district on the uniform election date in May to elect the appropriate number of directors.  (Acts 70th Leg., R.S., Ch. 865, Sec. 10.)

Source Law

Sec. 10.  Beginning in the second year following the creation election, an election shall be held on the third Saturday in May every two years to elect the appropriate number of directors to the board.

Revisor's Note

Section 11, Chapter 865, Acts of the 70th Legislature, Regular Session, 1987, which took effect August 31, 1987, required directors' elections to be held on the "third Saturday in May every two years" beginning in the "second year following the creation election."  When that act took effect, Section 41.001, Election Code, provided for a uniform election date for all political subdivisions of the first Saturday in April.  Chapter 14, Acts of the 69th Legislature, 3rd Called Session, 1986, which took effect September 1, 1987, amended Section 41.001 by substituting for the uniform election date in April a uniform election date of the third Saturday in May.  Chapter 60, Acts of the 70th Legislature, 2nd Called Session, 1987, amended Section 41.001 to change the uniform election date in May to the first Saturday in May.  Section 4(b), Chapter 60, provides that a political subdivision created by an act of the 70th Legislature, 1987, with a general election date of the third Saturday in May shall hold the general election on the first Saturday in May, the uniform election date.  Accordingly, the district was required to hold elections on what was then the uniform election date in May.  Chapter 1315, Acts of the 78th Legislature, Regular Session, 2003, amended Section 41.001 to change the uniform election date in May back 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 "third Saturday in May" to reflect those changes and to preserve the legislative intent that the election be held on the uniform election date in May.

For the reader's convenience, the revised law also substitutes "[e]ach odd-numbered year" for "[b]eginning in the second year following the creation election, an election shall be held … every two years" because the creation election was held in August 1987.  As a result, subsequent biennial directors' elections also will be held in odd-numbered years.

Revisor's Note

(End of Subchapter)

(1)  Section 5, Chapter 865, Acts of the 70th Legislature, Regular Session, 1987, names the "temporary" directors, provides for filling vacancies on the temporary board, and requires the temporary board to select certain officers.  Because the terms of the "temporary" directors have expired, the revised law omits those provisions as executed.  The omitted law reads:

Sec. 5.  (a) On the effective date of this Act, the following persons are designated as temporary directors of the district:

(1)  Precinct 1-Desmond Sagebiel

(2)  Precinct 2-Richard Sechrist

(3)  Precinct 3-Warren Petsch

(4)  Precinct 4-Taylor Virdell, Jr.

(5)  At Large--Dan Hartman.

(b)  If a vacancy occurs in the office of temporary director, the remaining temporary directors shall select a person with the same qualifications as provided by Section 9 of this Act to fill the vacancy.

(c)  The temporary directors shall select from their members persons to serve as chairman, vice-chairman, and secretary.

(2)  Section 7, Chapter 865, Acts of the 70th Legislature, Regular Session, 1987, refers to "temporary" directors of the district and to elections under Section 6 of that chapter.  The revised law omits Section 7 as executed because the terms of the temporary directors have expired and the initial elections for permanent directors have been held.  The omitted law reads:

Sec. 7.  (a)  On approval of the creation of the district under Section 6 of this Act, the temporary directors become the permanent directors of the district and shall serve on the board of directors for terms as provided by Subsection (b) of this section.

(b)  The persons serving as directors for Precincts 1 and 3 shall serve as directors until the first regular meeting of the board of directors following the first regular directors' election.  The persons serving as directors for Precincts 2 and 4 and the director serving at large shall serve until the first regular meeting of the board of directors following the second regular directors' election.

[Sections 8844.105-8844.150 reserved for expansion]

SUBCHAPTER D.  POWERS AND DUTIES

Revised Law

Sec. 8844.151.  GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES.  Except to the extent of a conflict with this chapter or as limited by this chapter, the district is governed by, is subject to, may exercise the powers granted by, and shall exercise the duties provided by Chapter 36, Water Code.  (Acts 70th Leg., R.S., Ch. 865, Sec. 12.)

Source Law

Sec. 12.  Except to the extent of any conflict with this Act or as specifically limited by this Act, the district is governed by and subject to and may exercise the powers granted, shall exercise the duties, and may issue bonds and levy and collect taxes as provided by Chapter 52, Water Code.

Revisor's Note

(1)  Section 12, Chapter 865, Acts of the 70th Legislature, Regular Session, 1987, gives the district the powers and duties provided by Chapter 52, Water Code.  Throughout this chapter, the revised law substitutes for the reference to Chapter 52, Water Code, a reference to Chapter 36, Water Code.  Chapter 933, Acts of the 74th Legislature, Regular Session, 1995, repealed Chapter 52, Water Code, and enacted Chapter 36, Water Code, to regulate groundwater conservation districts.

(2)  Section 12, Chapter 865, Acts of the 70th Legislature, Regular Session, 1987, provides that the district "may issue bonds and levy and collect taxes" as provided by Chapter 52, Water Code.  The revised law omits the quoted language because the provisions of Chapter 36, Water Code, that relate to bonds and taxes of groundwater conservation districts are applicable to the district by their own terms and by application of revised Section 8844.151 (see Revisor's Note (1) above).

Revised Law

Sec. 8844.152.  RECLAMATION.  The district may:

(1)  reclaim land in the district; and

(2)  construct works, facilities, and improvements necessary to accomplish that purpose.  (Acts 70th Leg., R.S., Ch. 865, Sec. 13.)

Source Law

Sec. 13.  The district may reclaim land within the district and may construct necessary works, facilities, and improvements to accomplish this purpose.

Revised Law

Sec. 8844.153.  SOIL CONSERVATION AND IMPROVEMENT.  The district may construct and maintain terraces or other structures on land in the district and may engage in or promote land treatment measures for soil conservation and improvement.  (Acts 70th Leg., R.S., Ch. 865, Sec. 14.)

Source Law

Sec. 14.  The district may construct and maintain terraces and other structures on land in the district and may engage in and promote land treatment measures for soil conservation and improvement.

Revised Law

Sec. 8844.154.  INPUT WELLS.  The district may drill, equip, operate, and maintain input wells, pumps, and other facilities to carry out its purpose and powers under this chapter.  (Acts 70th Leg., R.S., Ch. 865, Sec. 15.)

Source Law

Sec. 15.  The district may drill, equip, operate, and maintain input wells, pumps, and other facilities to carry out its purpose and powers under this Act.

Revised Law

Sec. 8844.155.  ACQUISITION OF PROPERTY.  The district may acquire any land or property necessary to carry out this chapter by:

(1)  gift;

(2)  grant;

(3)  devise;

(4)  lease;

(5)  purchase; or

(6)  the power of eminent domain.  (Acts 70th Leg., R.S., Ch. 865, Sec. 16.)

Source Law

Sec. 16.  The district may acquire by gift, grant, devise, lease, purchase, or the power of eminent domain any land or other property necessary to carry out this Act.

Revised Law

Sec. 8844.156.  SALE AND DISPOSAL OF PROPERTY.  Subject to this chapter and Chapter 36, Water Code, the district may sell or otherwise dispose of land and other property of the district that is not necessary to carry out the purpose or powers of the district as determined by the board.  (Acts 70th Leg., R.S., Ch. 865, Sec. 17.)

Source Law

Sec. 17.  Subject to this Act and Chapter 52, Water Code, the district may sell or otherwise dispose of land and other property of the district that is not necessary to carry out the purpose or powers of the district as determined by the board.

Revised Law

Sec. 8844.157.  APPEARANCE BEFORE RAILROAD COMMISSION.  The district, through the directors or the district's general manager, may appear before the Railroad Commission of Texas and present evidence and information related to a pending permit application for an injection well to be located in the district.  (Acts 70th Leg., R.S., Ch. 865, Sec. 18.)

Source Law

Sec. 18.  The district through the members of its board or its general manager may appear before the Railroad Commission of Texas and present evidence and information relating to any pending permit application for an injection well to be located within the district.

Revised Law

Sec. 8844.158.  PROHIBITION:  SUPPLY OF GROUNDWATER.  The district may not contract to or take an action to supply groundwater inside or outside the district.  (Acts 70th Leg., R.S., Ch. 865, Sec. 19.)

Source Law

Sec. 19.  The district may not enter into any contract or engage in any action to supply underground water inside or outside the district.

Revisor's Note

Section 19, Chapter 865, Acts of the 70th Legislature, Regular Session, 1987, 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.