TLC: Special District Local Laws Code Proposed Chapters

81C363(4) HLT

CHAPTER 8847. LONE STAR GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8847.001. DEFINITIONS ............................... 2

Sec. 8847.002. NATURE OF DISTRICT ........................ 2

Sec. 8847.003. FINDINGS OF PUBLIC USE AND BENEFIT ........ 3

Sec. 8847.004. DISTRICT TERRITORY ........................ 4

[Sections 8847.005-8847.050 reserved for expansion]

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8847.051. COMPOSITION OF BOARD; TERMS ............... 6

Sec. 8847.052. APPOINTMENT OF DIRECTORS .................. 7

Sec. 8847.053. QUALIFICATIONS FOR OFFICE ................. 11

Sec. 8847.054. BOARD VACANCY ............................. 12

Sec. 8847.055. COMPENSATION .............................. 12

Sec. 8847.056. CONFLICTS OF INTEREST ..................... 13

[Sections 8847.057-8847.100 reserved for expansion]

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8847.101. GROUNDWATER CONSERVATION DISTRICT

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

Sec. 8847.102. DIFFERENT RULES FOR DIFFERENT AQUIFERS,

SUBDIVISIONS, OR GEOGRAPHIC AREAS ....... 14

Sec. 8847.103. ESTABLISHMENT OF ZONES IN DISTRICT ........ 15

Sec. 8847.104. HISTORIC USE PERMITS ...................... 16

Sec. 8847.105. PERMISSIBLE RESTRICTIONS ON NONHISTORIC

PERMITS ................................. 17

Sec. 8847.106. LIMITATION ON RULEMAKING POWER NOT

APPLICABLE .............................. 17

Sec. 8847.107. METERING REQUIREMENTS ..................... 17

Sec. 8847.108. CONTRACTS ................................. 17

Sec. 8847.109. MANAGEMENT PLAN: COORDINATION WITH

OTHER DISTRICTS ......................... 18

[Sections 8847.110-8847.150 reserved for expansion]

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8847.151. NO AUTHORITY FOR TAX BONDS OR TAXES ....... 18

Sec. 8847.152. WATER USE FEE STRUCTURE ................... 19

Sec. 8847.153. PRODUCTION FEES FOR HORTICULTURAL USES .... 19

Sec. 8847.154. USE OF PRODUCTION FEES .................... 19

Sec. 8847.155. LIMITATION ON AUTHORITY TO REGULATE

TRANSFER OF WATER ....................... 20

CHAPTER 8847. LONE STAR GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Revised Law

Sec. 8847.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a board member.

(3) "District" means the Lone Star Groundwater Conservation District. (Acts 77th Leg., R.S., Ch. 1321, Sec. 2; New.)

Source Law

Sec. 2. In this Act:

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

(2) "District" means the Lone Star Groundwater Conservation District.

Revisor's Note

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

Revised Law

Sec. 8847.002. NATURE OF DISTRICT. The district is a groundwater conservation district in Montgomery County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution. (Acts 77th Leg., R.S., Ch. 1321, Secs. 1(a) (part), (b).)

Source Law

Sec. 1. (a) A groundwater conservation district to be known as the Lone Star Groundwater Conservation District is created in Montgomery 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 1321, Acts of the 77th Legislature, Regular Session, 2001, 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 10 of this Act.

(2) Section 1(a), Chapter 1321, 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 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. 8847.003. 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. 1321, 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. 8847.004. DISTRICT TERRITORY. The district's boundaries are coextensive with the boundaries of Montgomery County 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. 1321, Sec. 3; New.)

Source Law

Sec. 3. The boundaries of the district are coextensive with the boundaries of Montgomery 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 5(a), Chapter 1321, 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 or inconsistent with this Act.

(2) Section 5(b), Chapter 1321, 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. 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. Throughout this chapter, the revised law omits law that duplicates law contained in Chapter 36, Water Code, which applies to the district under Section 8847.101 of this chapter and Section 36.001(1), Water Code. The omitted law reads:

(b) Notwithstanding Subsection (a) of this section, 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 1321, Acts of the 77th Legislature, Regular Session, 2001, provides procedures for holding an election to confirm the establishment of the district. Because the district has been confirmed, the revised law omits that provision as executed. The omitted law reads:

Sec. 10. (a) The initial board shall call and hold an election to confirm the establishment of the district.

(b) Section 41.001(a), Election Code, does not apply to a confirmation election held as provided by this section.

(c) Except as provided by this Act, the initial board shall conduct a confirmation election in the manner set forth for confirmation elections held by temporary directors under Sections 36.017(b), (c), and (e)-(h), Water Code, and the Election Code.

(d) Notwithstanding Section 36.017(d), Water Code, the ballot for the election must be printed to provide for voting for or against the proposition: "The creation of a nontaxing groundwater conservation district in Montgomery County to be known as the Lone Star Groundwater Conservation District."

[Sections 8847.005-8847.050 reserved for expansion]

SUBCHAPTER B. BOARD OF DIRECTORS

Revised Law

Sec. 8847.051. COMPOSITION OF BOARD; TERMS. (a) The district is governed by a board of nine directors.

(b) Directors serve staggered four-year terms. (Acts 77th Leg., R.S., Ch. 1321, Secs. 6(a), (c).)

Source Law

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

Revisor's Note

(1) Section 6(c), Chapter 1321, Acts of the 77th Legislature, Regular Session, 2001, refers to "[p]ermanent directors." Sections 6, 8, and 9 of Chapter 1321 refer to "initial" and "permanent" directors to distinguish between the initial directors appointed by the appropriate governing bodies and public officials and subsequently serving directors. Because the revised law omits provisions regarding "initial" directors as executed (see the revisor's notes to Section 8847.052), the revised law also omits "permanent" because it does not contribute to the clear meaning of the law.

(2) Section 6(e), Chapter 1321, 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 8847.101 of this chapter and Section 36.001(1), Water Code. The omitted law reads:

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

(3) Section 6(f), Chapter 1321, Acts of the 77th Legislature, Regular Session, 2001, 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. 8847.052. APPOINTMENT OF DIRECTORS. (a) Directors are appointed as follows:

(1) the Commissioners Court of Montgomery County appoints two directors;

(2) the board of directors of the Montgomery County Soil and Water Conservation District appoints one director;

(3) the board of directors of the San Jacinto River Authority appoints one director;

(4) the mayor of the City of Conroe appoints one director;

(5) the mayors of the municipalities, other than the City of Conroe, located wholly or partly in Montgomery County, jointly appoint one director;

(6) the board of trustees of The Woodlands Joint Powers Agency appoints one director;

(7) the boards of directors of the municipal utility districts located wholly or partly in Montgomery County that are not members of The Woodlands Joint Powers Agency and the district boundaries of which are located primarily to the east of Interstate Highway 45 jointly appoint one director; and

(8) the boards of directors of the municipal utility districts located wholly or partly in Montgomery County that are not members of The Woodlands Joint Powers Agency and the district boundaries of which are located primarily to the west of Interstate Highway 45 jointly appoint one director.

(b) Except as provided by Subsection (c), a person designated under Subsection (a) to make an appointment shall appoint a director not later than January 31 of the year in which the current director's term expires to begin a new term of office on February 1. Not later than the 75th day before that date, the general manager of the district shall mail written notice that the appointment is due to each person who is designated under Subsection (a) to make an appointment in the applicable year.

(c) The persons designated under Subsections (a)(1)-(4) and (6) shall make appointments and submit in writing the names of the persons appointed to the district not later than January 15 of the year in which the current director's term expires.

(d) The board by rule shall adopt an appointment process providing for the written submission of votes to the district by the persons designated under Subsections (a)(5) and (7)-(8). The process adopted by the district must preserve the one vote per mayor and per municipal utility district concept established under former Section 8, Chapter 1321, Acts of the 77th Legislature, Regular Session, 2001, for the appointment of initial directors. (Acts 77th Leg., R.S., Ch. 1321, Secs. 7(a), (b), (c), (d).)

Source Law

Sec. 7. (a) The members of the board are appointed as follows:

(1) the Commissioners Court of Montgomery County shall appoint two directors;

(2) the board of directors of the Montgomery County Soil and Water Conservation District shall appoint one director;

(3) the board of directors of the San Jacinto River Authority shall appoint one director;

(4) the mayor of the City of Conroe shall appoint one director;

(5) the mayors of all of the incorporated municipalities, other than the City of Conroe, located in whole or in part in Montgomery County, jointly shall appoint one director;

(6) the board of trustees of the Woodlands Joint Powers Agency shall appoint one director;

(7) the boards of directors of all of the municipal utility districts located in whole or in part in Montgomery County that are not members of the Woodlands Joint Powers Agency and the district boundaries of which are located primarily to the east of Interstate Highway 45 jointly shall appoint one director; and

(8) the boards of directors of all of the municipal utility districts located in whole or in part in Montgomery County that are not members of the Woodlands Joint Powers Agency and the district boundaries of which are located primarily to the west of Interstate Highway 45 jointly shall appoint one director.

(b) Except as provided by Section 8 of this Act, a director shall be appointed not later than January 31 of the year in which the current director's term expires in order to begin the new term of office on February 1. Not later than the 75th day before that date, the general manager of the district shall mail to each person who is designated in Subsection (a) of this section to make appointments in that particular year written notice that the appointments are due.

(c) The persons designated in Subsections (a)(1)-(4) and (6) of this section shall make their appointments and submit in writing the names of their appointments to the district not later than January 15 of the year in which the current director's term expires.

(d) Except as provided by Section 8 of this Act, the board shall by rule adopt an appointment process providing for the written submission of votes to the district by those persons designated in Subsections (a)(5) and (7)-(8) of this section. The process adopted by the district shall preserve the one vote per mayor and per municipal utility district concept for the appointment of initial directors established by Section 8 of this Act.

Revisor's Note

(1) Section 7(a)(5), Chapter 1321, Acts of the 77th Legislature, Regular Session, 2001, refers to "incorporated" municipalities. The revised law omits "incorporated" because under the Local Government Code all municipalities must be incorporated.

(2) Section 7(b), Chapter 1321, Acts of the 77th Legislature, Regular Session, 2001, refers to Section 8 of that act. Because Section 8 of Chapter 1321 is omitted as executed (see Revisor's Note (3)), the revised law also omits the reference to that section.

(3) Sections 6(b), 8, and 9, Chapter 1321, Acts of the 77th Legislature, Regular Session, 2001, provide for the appointment and terms of office of the initial directors. The revised law omits those provisions as executed because the initial directors were appointed and their terms have expired. The omitted law reads:

[Sec. 6]

(b) Initial directors serve until permanent directors are appointed under Section 7 of this Act.

Sec. 8. (a) Not later than the 30th day after the effective date of this Act, the persons designated in Sections 7(a)(1)-(4) and (6) of this Act shall make their appointments and submit in writing the names of their appointments to the Commissioners Court of Montgomery County.

(b) Not later than the 30th day after the effective date of this Act, the county judge of Montgomery County shall set a date, time, and place for a meeting of those persons designated in Sections 7(a)(5) and (7)-(8) of this Act, or their representatives, to appoint members for the board. Not later than the 20th day before the date of the meeting, the county judge shall give notice of the meeting by mail.

(c) The board of directors of each municipal utility district designated to make appointments under Sections 7(a)(7)-(8) of this Act shall designate a person to represent that municipal utility district at the meeting called by the county judge under Subsection (b) of this section. Each representative of a municipal utility district present at the meeting is entitled to one vote.

(d) Each mayor designated under Section 7(a)(5) of this Act and present at the meeting called by the county judge is entitled to one vote.

(e) The county judge shall preside at the meeting and shall provide to the commissioners court the names of those persons appointed as directors at the meeting.

(f) As soon as practicable after all of the directors have been appointed, a majority of directors shall convene an organizational meeting of the district at a location within the district agreeable to a majority of the directors. If no location can be agreed on, the organizational meeting of the directors shall be at the Montgomery County Courthouse.

Sec. 9. (a) The following initial directors shall serve from the date of appointment until January 31, 2003:

(1) one director appointed by the Commissioners Court of Montgomery County;

(2) the director appointed by the board of directors of the Montgomery County Soil and Water Conservation District;

(3) the director appointed by the Woodlands Joint Powers Agency;

(4) the director jointly appointed by the boards of directors of all of the municipal utility districts located in whole or in part in Montgomery County that are not members of the Woodlands Joint Powers Agency and the district boundaries of which are located primarily to the east of Interstate Highway 45; and

(5) the director jointly appointed by the boards of directors of all of the municipal utility districts located in whole or in part in Montgomery County that are not members of the Woodlands Joint Powers Agency and the district boundaries of which are located primarily to the west of Interstate Highway 45.

(b) The following initial directors shall serve from the date of appointment until January 31, 2005:

(1) one director appointed by the Commissioners Court of Montgomery County;

(2) the director appointed by the board of directors of the San Jacinto River Authority;

(3) the director appointed by the mayor of the City of Conroe; and

(4) the director appointed by the mayors of all of the incorporated municipalities, other than the City of Conroe, located in whole or in part in Montgomery County.

(c) The Commissioners Court of Montgomery County shall designate which of the directors it appoints shall serve until January 31, 2003, and which of the directors shall serve until January 31, 2005.

Revised Law

Sec. 8847.053. QUALIFICATIONS FOR OFFICE. To be qualified to serve as director, a person must be:

(1) at least 18 years of age; and

(2) a resident of the district. (Acts 77th Leg., R.S., Ch. 1321, Sec. 6(d).)

Source Law

(d) A person must be at least 18 years of age and a resident of the district to be qualified to serve as director.

Revised Law

Sec. 8847.054. BOARD VACANCY. If there is a vacancy on the board, the appropriate person designated under Section 8847.052 to make the appointment shall appoint a director to serve the remainder of the term. (Acts 77th Leg., R.S., Ch. 1321, Sec. 7(e).)

Source Law

(e) If there is a vacancy on the board, the appropriate person designated under Subsection (a) of this section shall appoint a director to serve the remainder of the term.

Revised Law

Sec. 8847.055. COMPENSATION. (a) A position on the board may not be construed to be a civil office of emolument for any purpose, including a purpose described by Section 40, Article XVI, Texas Constitution, except as provided by Subsection (b).

(b) A director may receive a fee of office under Section 36.060, Water Code, only if the director does not hold another office that is a civil office of emolument for purposes of Section 40, Article XVI, Texas Constitution.

(c) This section prevails over any provision of general or special law to the contrary, including Section 36.060(d), Water Code.

(d) Notwithstanding Subsections (a)-(c), a director may receive reimbursement of actual expenses as provided by Section 36.060(b), Water Code. (Acts 77th Leg., R.S., Ch. 1321, Secs. 6(g), (i).)

Source Law

(g) A position on the board shall not be construed to be a civil office of emolument for any purpose, including a purpose described by Section 40, Article XVI, Texas Constitution, except as provided by this subsection. A director may receive a fee of office under Section 36.060, Water Code, only if the director does not hold another office that is a civil office of emolument for purposes of Section 40, Article XVI, Texas Constitution. This subsection prevails over any provision of general or special law to the contrary, including Section 36.060(d), Water Code.

(i) Notwithstanding Subsection (g) of this section, a director may receive reimbursement of actual expenses as provided by Section 36.060(b), Water Code.

Revised Law

Sec. 8847.056. CONFLICTS OF INTEREST. (a) A person who qualifies to serve on the board is qualified to serve as a director and participate in all votes relating to the business of the district regardless of any common law doctrine or any statutory conflicts of interest, incompatibility, or similar provision to the contrary.

(b) Section 36.058, Water Code, does not apply to the district. (Acts 77th Leg., R.S., Ch. 1321, Sec. 6(h).)

Source Law

(h) A person who qualifies to serve on the board shall be qualified to serve as a director and participate in all votes relating to the business of the district regardless of any common law doctrine or any statutory conflicts of interest, incompatibility, or similar provision to the contrary. Section 36.058, Water Code, relating to conflicts of interest, does not apply to the district.

[Sections 8847.057-8847.100 reserved for expansion]

SUBCHAPTER C. POWERS AND DUTIES

Revised Law

Sec. 8847.101. 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. 1321, 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 Section 59, Article XVI, Texas Constitution, except as provided by this Act. …

Revisor's Note

(1) Section 5(a), Chapter 1321, 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."

(2) Section 5(c), Chapter 1321, Acts of the 77th Legislature, Regular Session, 2001, 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:

(c) 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. 8847.102. DIFFERENT RULES FOR DIFFERENT AQUIFERS, SUBDIVISIONS, OR GEOGRAPHIC AREAS. The district may adopt different rules under Section 36.116, Water Code, for:

(1) each aquifer, subdivision of an aquifer, or geologic stratum located wholly or partly in the district; or

(2) different geographic areas of an aquifer or subdivision of an aquifer located wholly or partly in the district:

(A) if the district finds that conditions in or use of the aquifer differs substantially from one geographic area to another; or

(B) to promote better management of the groundwater resources in the district. (Acts 77th Leg., R.S., Ch. 1321, Sec. 5A(a).)

Source Law

Sec. 5A. (a) The district may adopt different rules under Section 36.116, Water Code, for:

(1) each aquifer, subdivision of an aquifer, or geologic stratum located in whole or in part within the boundaries of the district; or

(2) different geographic areas of an aquifer or subdivision of an aquifer located in whole or in part within the boundaries of the district:

(A) if the district finds that conditions in or use of the aquifer differs substantially from one geographic area to another; or

(B) to promote better management of the groundwater resources in the district.

Revised Law

Sec. 8847.103. ESTABLISHMENT OF ZONES IN DISTRICT. The district may:

(1) establish zones in the district for the purposes of groundwater management and regulation; and

(2) implement rules for each zone as provided by Section 8847.102. (Acts 77th Leg., R.S., Ch. 1321, Sec. 5A(b).)

Source Law

(b) The district may:

(1) establish zones within the boundaries of the district for the purposes of groundwater management and regulation; and

(2) implement regulations for each zone as provided by Subsection (a) of this section.

Revisor's Note

Section 5A(b), Chapter 1321, Acts of the 77th Legislature, Regular Session, 2001, refers to "regulations" as provided by Subsection (a) of Section 5A. The revised law substitutes a reference to "rules" to conform to the terminology of Section 5A(a), revised as Section 8847.102 of this chapter.

Revised Law

Sec. 8847.104. HISTORIC USE PERMITS. (a) The district may protect existing or historic use of groundwater by implementing a claims process in which the district may require an existing or historic user to obtain a historic use permit.

(b) To obtain a historic use permit, an existing or historic user must prove the maximum annual amount of groundwater that the user applied to a beneficial use during a period established by the district as the existing and historic use period. If an existing or historic user began using groundwater in the final year of the existing and historic use period, the district may issue a historic use permit to that user based on an extrapolation of the amount of groundwater that the user would have applied to the same beneficial use in a full calendar year.

(1) is not less than five or more than 21 years; and

(2) ends not later than the date the district publishes notice of or adopts rules protecting existing or historic use.

(d) The district may define the initial existing and historic use period as the period from January 1, 1992, to the date of first adoption of the district's rules on August 26, 2002. (Acts 77th Leg., R.S., Ch. 1321, Sec. 5B.)

Source Law

Sec. 5B. (a) The district may protect existing or historic use of groundwater by implementing a claims process in which the district may require an existing or historic user to obtain a historic use permit.

(1) is not less than five years nor more than 21 years in length; and

(2) ends on or before the date the district publishes notice or adopts rules protecting existing or historic use.

(d) The district may define the initial existing and historic use period as the period from January 1, 1992, to the date of first adoption of the district's rules, August 26, 2002.

Revised Law

Sec. 8847.105. PERMISSIBLE RESTRICTIONS ON NONHISTORIC PERMITS. The district may place more restrictions on the production of groundwater by a person applying for a nonhistoric operating permit than the district places on the production of groundwater by a person under a historic use permit. (Acts 77th Leg., R.S., Ch. 1321, Sec. 5A(c).)

Source Law

(c) The district may place more restrictions on the production of groundwater by a person applying for a nonhistoric operating permit than the district places on the production of groundwater by a person under a historic use permit.

Revised Law

Sec. 8847.106. LIMITATION ON RULEMAKING POWER NOT APPLICABLE. Section 36.121, Water Code, does not apply to the district. (Acts 77th Leg., R.S., Ch. 1321, Sec. 13A.)

Source Law

Sec. 13A. Section 36.121, Water Code, does not apply to the district.

Revised Law

Sec. 8847.107. METERING REQUIREMENTS. The district may establish metering requirements for nonexempt wells. (Acts 77th Leg., R.S., Ch. 1321, Sec. 5A(d) (part).)

Source Law

(d) The district may:

(1) establish metering requirements for nonexempt wells; and

…

Revised Law

Sec. 8847.108. CONTRACTS. The district may enter into contracts with any person for any purpose authorized by law. (Acts 77th Leg., R.S., Ch. 1321, Sec. 12.)

Source Law

Sec. 12. The district may enter into contracts with any person or any public or private entity for any purpose otherwise authorized by law.

Revisor's Note

Section 12, Chapter 1321, Acts of the 77th Legislature, Regular Session, 2001, refers to "any person or any public or private entity." The revised law omits "any public or private entity" because under Section 311.005(2), Government Code (Code Construction Act), "person" is defined to include any legal entity.

Revised Law

Sec. 8847.109. MANAGEMENT PLAN: COORDINATION WITH OTHER DISTRICTS. (a) The district shall coordinate with all adjacent groundwater conservation districts in developing its management plan under Section 36.1071, Water Code, and as otherwise provided by general law.

(b) On the district's completion of its management plan or adoption of any revisions to the plan, the district shall forward a copy of the plan to each adjacent groundwater conservation district. (Acts 77th Leg., R.S., Ch. 1321, Sec. 13.)

Source Law

Sec. 13. The district shall coordinate with all adjacent groundwater conservation districts in the development of its management plan under Section 36.1071, Water Code, and as otherwise provided by general law. On the district's completion of its management plan or the district's adoption of any revisions to the plan, the district shall forward a copy of the plan to all adjacent groundwater conservation districts.

[Sections 8847.110-8847.150 reserved for expansion]

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Revised Law

Sec. 8847.151. NO AUTHORITY FOR TAX BONDS OR TAXES. The district does not have the authority granted by Sections 36.020 and 36.201-36.204, Water Code. (Acts 77th Leg., R.S., Ch. 1321, Sec. 11(a).)

Source Law

Sec. 11. (a) The district does not have the authority granted by Sections 36.020 and 36.201-36.204, Water Code.

Revised Law

Sec. 8847.152. WATER USE FEE STRUCTURE. The district may adopt and enforce a water use fee structure based on the total amount of groundwater authorized to be produced annually under a permit. (Acts 77th Leg., R.S., Ch. 1321, Sec. 5A(d) (part).)

Source Law

(d) The district may:

…

(2) initiate and enforce a water use fee structure based on the total amount of groundwater authorized to be produced annually under a permit.

Revised Law

Sec. 8847.153. PRODUCTION FEES FOR HORTICULTURAL USES. The district shall assess production fees for horticultural uses at the same rate as fees assessed for other agricultural uses. (Acts 77th Leg., R.S., Ch. 1321, Sec. 11(d).)

Source Law

(d) The district shall assess production fees for horticultural uses at the same rate as fees assessed for other agricultural uses.

Revised Law

Sec. 8847.154. USE OF PRODUCTION FEES. Notwithstanding Section 36.205(a), Water Code, the district may use revenue generated by a production fee for any district purpose. (Acts 77th Leg., R.S., Ch. 1321, Sec. 11(b) (part).)

Source Law

(b) … Notwithstanding Section 36.205(a), Water Code, the district may use revenues generated by production fees for any district purpose.

Revisor's Note

Section 11(b), Chapter 1321, Acts of the 77th Legislature, Regular Session, 2001, provides that the district may assess production fees based on certain criteria. The revised law omits the provision because it duplicates part of Section 36.205(c), Water Code. The omitted law reads:

(b) The district may assess production fees based on the amount of water authorized by permit to be withdrawn from a well or the amount actually withdrawn… .

Revised Law

Sec. 8847.155. LIMITATION ON AUTHORITY TO REGULATE TRANSFER OF WATER. The district may not, in a manner inconsistent with a rule or fee applied to production and use occurring wholly in the district, regulate production of water or assess fees against the transfer of water:

(1) produced in an area of a municipal utility district that is located in the district; and

(2) transferred to an area that is located:

(A) in the same municipal utility district; and

(B) outside the district. (Acts 77th Leg., R.S., Ch. 1321, Sec. 11(c).)

Source Law

(c) The district may not, in a manner inconsistent with rules and fees applied to production and use occurring wholly within the boundaries of the district, regulate production of water or assess fees against the transfer of water:

(1) produced in an area of a municipal utility district that is located inside the district boundaries; and

(2) transferred to an area within the same municipal utility district but that is located outside the district boundaries.

Revisor's Note

(End of Subchapter)

Section 11(e), Chapter 1321, Acts of the 77th Legislature, Regular Session, 2001, provides that the district may assess other fees as authorized by Chapter 36, Water Code. The revised law omits the provision because Chapter 36, Water Code, applies to the district under Section 8847.101 of this chapter and Section 36.001(1), Water Code. The omitted law reads:

(e) The district may assess other fees as authorized by Chapter 36, Water Code.

Revisor's Note

(End of Chapter)

(1) Section 14, Chapter 1321, 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. 14. (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 the 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 of the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.

(2) Section 5, Chapter 994, Acts of the 78th Legislature, Regular Session, 2003, validates certain actions taken by or on behalf 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. 5. (a) Any act or proceeding taken by or on behalf of the Lone Star Groundwater Conservation District before the effective date of this Act is validated in all respects as if the act or proceeding had occurred as authorized by law.

(b) A governmental act or proceeding of the Lone Star Groundwater Conservation District occurring after an act or proceeding validated by this Act may not be held invalid on the ground that the prior act or proceeding, in the absence of this Act, was invalid.

(c) Specifically, the following acts of the Lone Star Groundwater Conservation District are validated as of the dates they occurred:

(1) the appointment of initial directors in accordance with Section 8, Chapter 1321, Acts of the 77th Legislature, Regular Session, 2001;

(2) the appointment of directors in accordance with Section 7, Chapter 1321, Acts of the 77th Legislature, Regular Session, 2001;

(3) the confirmation election held in accordance with Section 10, Chapter 1321, Acts of the 77th Legislature, Regular Session, 2001;

(4) the adoption of district rules and amendments to those rules;

(5) the establishment and adoption of fees;

(6) the protection of existing and historic use by the institution of a permitting process that protects existing and historic users of groundwater and allows new users to apply for operating permits;

(7) the establishment of production regulations to manage the groundwater resources in the district; and

(8) the establishment of metering requirements necessary to allow the district to serve the purposes for which it was created.

(d) This section 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.


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