81C40(5) HLT

 

CHAPTER 8826. BRAZORIA COUNTY GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 8826.001.  DEFINITIONS ...............................  1

Sec. 8826.002.  NATURE OF DISTRICT ........................  2

Sec. 8826.003.  FINDINGS OF PUBLIC USE AND BENEFIT ........  3

Sec. 8826.004.  DISTRICT TERRITORY ........................  3

[Sections 8826.005-8826.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Sec. 8826.051.  COMPOSITION OF BOARD;  TERMS ..............  5

Sec. 8826.052.  ELECTION OF DIRECTORS .....................  6

Sec. 8826.053.  ELECTION DATE .............................  7

Sec. 8826.054.  ELIGIBILITY ...............................  8

[Sections 8826.055-8826.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 8826.101.  GROUNDWATER CONSERVATION DISTRICT

                  POWERS AND DUTIES ....................... 10

Sec. 8826.102.  LIMITATIONS ON DISTRICT POWERS ............ 10

Sec. 8826.103.  WELLS EXEMPT FROM REGULATION .............. 11

[Sections 8826.104-8826.150 reserved for expansion]

SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS

Sec. 8826.151.  FEES ...................................... 12

CHAPTER 8826. BRAZORIA COUNTY GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Revised Law

Sec. 8826.001.  DEFINITIONS.  In this chapter:

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

(2)  "Director" means a board member.

(3)  "District" means the Brazoria County Groundwater Conservation District.  (Acts 78th Leg., R.S., Ch. 772, Sec. 2;  New.)

Source Law

Sec. 2.  In this Act:

(1)  "District" means the Brazoria County Groundwater Conservation District.

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

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. 8826.002.  NATURE OF DISTRICT.  The district is a groundwater conservation district in Brazoria County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.  (Acts 78th Leg., R.S., Ch. 772, Secs. 1(a) (part), (b).)

Source Law

Sec. 1.  (a)  A groundwater conservation district, to be known as the Brazoria County Groundwater Conservation District, is created in Brazoria 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 772, Acts of the 78th Legislature, Regular Session, 2003, 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 9 of this Act… .

(2)  Section 1(a), Chapter 772, Acts of the 78th Legislature, Regular Session, 2003, 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. 8826.003.  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 78th Leg., R.S., Ch. 772, 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. 8826.004.  DISTRICT TERRITORY.  The district's boundaries are coextensive with the boundaries of Brazoria County, Texas, unless the district's territory has been modified under:

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

(2)  other law.  (Acts 78th Leg., R.S., Ch. 772, Sec. 3; New.)

Source Law

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

Revisor's Note

The revision of the law governing the district revises the statutory language describing the territory of the district.  Because the district's boundaries are subject to change, that description may not be accurate on the effective date of the revision or at the time of a later reading.  For the reader's convenience, the revised law includes a reference to the authority to change the district's territory under Subchapter J, Chapter 36, Water Code, applicable to groundwater conservation districts, and to the general authority of the legislature to enact other laws to change the district's territory.

Revisor's Note

(End of Subchapter)

(1)  Section 5, Chapter 772, Acts of the 78th Legislature, Regular Session, 2003, 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:

Sec. 5.  … This Act prevails over any provision of general law that is in conflict or inconsistent with this Act.

(2)  Section 9, Chapter 772, Acts of the 78th Legislature, Regular Session, 2003, 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 board have been elected, the revised law omits those provisions as executed.  The omitted law reads:

Sec. 9.  (a)  The temporary board of directors shall call and hold an election to confirm establishment of the district and to elect initial directors.

(b)  At the confirmation and initial directors' election, the temporary board of directors shall have placed on the ballot the name of any candidate filing for an initial director's position and blank spaces to write in the names of other persons.  A temporary director who is eligible to be a candidate under Section 8 may file for an initial director's position.

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

(d)  Except as provided by this section, a confirmation and initial directors' election must be conducted as provided by Sections 36.017(b)-(h), Water Code, and the Election Code.

[Sections 8826.005-8826.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Revised Law

Sec. 8826.051.  COMPOSITION OF BOARD;  TERMS.  (a)  The district is governed by a board of five directors.

(b)  Directors serve staggered four-year terms.  (Acts 78th Leg., R.S., Ch. 772, 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 772, Acts of the 78th Legislature, Regular Session, 2003, refers to "[p]ermanent" directors.  Sections 6, 7, and 9 of Chapter 772 refer to "temporary," "initial," and "permanent" directors to distinguish between the "temporary" directors appointed by the Brazoria County Commissioners Court, the directors who immediately succeeded the "temporary" directors after the first election of directors, and subsequently serving directors.  Because the revised law omits provisions regarding "temporary" and "initial" directors as executed (see the revisor's notes at the end of this subchapter), the revised law also omits "permanent" because it does not contribute to the clear meaning of the law.

(2)  Section 6(e), Chapter 772, Acts of the 78th Legislature, Regular Session, 2003, 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 8826.101 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 772, Acts of the 78th Legislature, Regular Session, 2003, 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. 8826.052.  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)  When the boundaries of the county commissioners precincts are redrawn under Section 18, Article V, Texas Constitution, a director in office on the effective date of the change, or elected or appointed before the effective date of the change to a term of office beginning on or after the effective date of the change, shall serve the term or the remainder of the term in the precinct to which elected or appointed even though the change in boundaries places the director's residence outside the precinct for which the director was elected or appointed.  (Acts 78th Leg., R.S., Ch. 772, Secs. 8(a), (b), (d), (e).)

Source Law

Sec. 8.  (a)  The directors of the district shall be elected according to the commissioners precinct method as provided by this section.

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

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

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

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

(e)  When the boundaries of the county commissioners precincts are redrawn under Section 18, Article V, Texas Constitution, a director in office on the effective date of the change, or elected or appointed before the effective date of the change to a term of office beginning on or after the effective date of the change, shall serve the term or the remainder of the term in the precinct to which elected or appointed even though the change in boundaries places the person's residence outside the precinct for which the person was elected or appointed.

Revised Law

Sec. 8826.053.  ELECTION DATE.  On the first Tuesday after the first Monday in November of each even-numbered year, the appropriate number of directors shall be elected.  (Acts 78th Leg., R.S., Ch. 772, Sec. 10(b).)

Source Law

(b)  On the first Tuesday after the first Monday in November of each subsequent second year following the election, the appropriate number of directors shall be elected.

Revisor's Note

(1)  Section 10(a), Chapter 772, Acts of the 78th Legislature, Regular Session, 2003, prescribes the election date for the first directors' election following the confirmation election.  Because the district has been confirmed and its first permanent directors have been elected, the revised law omits this provision as executed.  The omitted law reads:

Sec. 10.  (a)   On the first Tuesday after the first Monday in November of the first even-numbered year after the year in which the district is authorized to  be created at a confirmation election, an election shall be held in the district for the election of three directors to serve four-year terms and two directors to serve two-year terms.

(2)  Section 10(b), Chapter 772, Acts of the 78th Legislature, Regular Session, 2003, requires directors' elections to be held on the first Tuesday after the first Monday in November "of each subsequent second year following the election," meaning the first directors' election.  (See Revisor's Note (1) to this section.)  The revised law substitutes "of each even-numbered year" for "of each subsequent second year following the election" because the first directors' election was held in November 2006, an even-numbered year.  As a result, subsequent directors' elections will be held in even-numbered years.

Revised Law

Sec. 8826.054.  ELIGIBILITY.  (a) To be eligible to be a candidate for or to serve as director at large, a person must be a registered voter in the district.

(b)  To be eligible 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, except as provided by Section 8826.052(d).  (Acts 78th Leg., R.S., Ch. 772, Sec. 8(c).)

Source Law

(c)  To be eligible 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 8(c), Chapter 772, Acts of the 78th Legislature, Regular Session, 2003, provides that to be eligible to serve as a director from a county commissioners precinct, a person must be a registered voter of that precinct.  For the convenience of the reader, the revised law adds a cross-reference to Section 8826.052(d) of this chapter because that section provides for an exception to the eligibility requirement when the county commissioners precincts are redrawn.

Revisor's Note

(End of Subchapter)

(1)  Sections 6(b) and (c), Chapter 772, Acts of the 78th Legislature, Regular Session, 2003, refer to "temporary" and "initial" directors of the district and to elections under Sections 9 and 10 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 9 of this Act.

(c)  Initial directors serve until permanent directors are elected under Section 10 of this Act.

(2)  Section 7, Chapter 772, Acts of the 78th Legislature, Regular Session, 2003, provides for the appointment of temporary directors and for filling vacancies on the temporary board.  Because the temporary directors were appointed and 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 consists of:

(1)  four members appointed by the Brazoria County Commissioners Court; and

(2)  Dennis Ray Davenport, who shall serve as the presiding officer.

(b)  If a temporary director fails to qualify for office or vacates the office before initial directors are elected, the Brazoria County Commissioners Court shall appoint a new person to fill the vacancy.

[Sections 8826.055-8826.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Revised Law

Sec. 8826.101.  GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES.  Except as provided by Section 8826.102, 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 78th Leg., R.S., Ch. 772, Sec. 5 (part).)

Source Law

Sec. 5.  Except as provided by Section 11 of this Act, the district has all of the rights, powers, privileges, authority, functions, and duties provided by the general law of this state, including Chapter 36, Water Code, applicable to groundwater conservation districts created under Section 59, Article XVI, Texas Constitution… .

Revisor's Note

Section 5, Chapter 772, Acts of the 78th Legislature, Regular Session, 2003, refers to the "rights, powers, privileges, [and] authority" of the district.  The revised law omits the reference to "authority" because, in context, "authority" is included in the meaning of "rights, powers, [and] privileges."

Revised Law

Sec. 8826.102.  LIMITATIONS ON DISTRICT POWERS.  The district may not:

(1)  impose a tax of any type;

(2)  exercise the power of eminent domain;

(3)  acquire land;

(4)  issue or sell bonds; or

(5)  purchase, sell, transport, or distribute surface water or groundwater. (Acts 78th Leg., R.S., Ch. 772, Sec. 11(a).)

Source Law

Sec. 11.  (a)  The district may not for any purpose:

(1)  impose a tax of any type;

(2)  exercise the power of eminent domain;

(3)  acquire land;

(4)  issue or sell bonds; or

(5)  purchase, sell, transport, or distribute surface water or groundwater.

Revisor's Note

Section 11(a), Chapter 772, Acts of the 78th Legislature, Regular Session, 2003, provides that the district may not "for any purpose" exercise certain powers.  The revised law omits the quoted language because it does not contribute to the clear meaning of the law.

Revised Law

Sec. 8826.103.  WELLS EXEMPT FROM REGULATION.  (a)  For a new or existing water well on private property that serves only a single-family dwelling used only for domestic purposes, the district may not:

(1)  assess or collect a fee of any type; or

(2)  require that a meter be placed on the well.

(b)  For a new or existing water well used only for agriculture, as that term is defined by Section 36.001, Water Code, the district may not:

(1)  assess or collect a fee of any type; or

(2)  require that a meter be placed on the well.  (Acts 78th Leg., R.S., Ch. 772, Secs. 11(b), (c).)

Source Law

(b)  For a new or existing water well on private property that serves only a single-family dwelling used only for domestic purposes, the district may not:

(1)  assess or collect a fee of any type; or

(2)  require that a meter be placed on the well.

(c)  For a new or existing water well used only for agriculture, as that term is defined by Section 36.001, Water Code, the district may not:

(1)  assess or collect a fee of any type; or

(2)  require that a meter be placed on the well.

[Sections 8826.104-8826.150 reserved for expansion]

SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS

Revised Law

Sec. 8826.151.  FEES.  Unless exempt under this chapter or Chapter 36, Water Code, the board may establish by schedule and impose:

(1)  a production fee under Section 36.205, Water Code;

(2)  an export fee for groundwater transferred out of the district in an amount not to exceed 150 percent of the maximum wholesale water rate charged by the City of Houston; and

(3)  other fees as authorized by Chapter 36, Water Code.  (Acts 78th Leg., R.S., Ch. 772, Sec. 12.)

Source Law

Sec. 12.  Unless exempt under this Act or Chapter 36, Water Code, the board may establish by schedule and impose:

(1)  a production fee under Section 36.205, Water Code;

(2)  an export fee for groundwater transferred out of the district in an amount not to exceed 150 percent of the maximum wholesale water rate charged by the City of Houston; and

(3)  other fees as authorized by Chapter 36, Water Code.

Revisor's Note

(End of Chapter)

(1)  Section 13, Chapter 772, Acts of the 78th Legislature, Regular Session, 2003, 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. 13.  (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 Commission on Environmental Quality.

(b)  The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time.

(c)  All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to notice, introduction, and passage of this Act are fulfilled and accomplished.

(2)  Section 15(b), Chapter 772, Acts of the 78th Legislature, Regular Session, 2003, contains transition language regarding the expiration of the act if the district is not confirmed at a confirmation election before a certain date.  The revised law omits the provision as executed because the district was confirmed within the required period.  The omitted law reads:

(b)  If the creation of the district is not confirmed at a confirmation election held under Section 9 of this Act before December 31, 2006, this Act expires on that date.