81C400(3) ACP

 

CHAPTER 8814. STERLING COUNTY UNDERGROUND WATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 8814.001.  DEFINITIONS ...............................  2

Sec. 8814.002.  NATURE OF DISTRICT ........................  3

Sec. 8814.003.  LEGISLATIVE FINDINGS ......................  4

Sec. 8814.004.  DISTRICT TERRITORY ........................  4

Sec. 8814.005.  DISTRICT NAME CHANGE ......................  5

Sec. 8814.006.  OWNERSHIP OF GROUNDWATER AND SURFACE

                  WATER RIGHTS NOT AFFECTED BY CHAPTER ....  5

Sec. 8814.007.  PAYMENT OF ORGANIZATIONAL EXPENSES ........  5

[Sections 8814.008-8814.050 reserved for expansion]

SUBCHAPTER B.  DISTRICT ADMINISTRATION

Sec. 8814.051.  COMPOSITION OF BOARD; TERMS ...............  8

Sec. 8814.052.  ELECTION OF DIRECTORS .....................  8

Sec. 8814.053.  ELECTION DATE .............................  8

Sec. 8814.054.  QUALIFICATIONS FOR ELECTION;

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

Sec. 8814.055.  BOARD VACANCY .............................  9

Sec. 8814.056.  COMPOSITION OF BOARD FOLLOWING

                  ANNEXATION OR CONSOLIDATION .............  9

Sec. 8814.057.  COMPENSATION; EXPENSES .................... 10

Sec. 8814.058.  VOTE REQUIRED FOR OFFICIAL BOARD ACTION ... 10

Sec. 8814.059.  OFFICERS .................................. 11

Sec. 8814.060.  GENERAL MANAGER; SERVICE OF PROCESS ....... 12

Sec. 8814.061.  TREASURER AND ATTORNEY .................... 13

Sec. 8814.062.  ENGINEER .................................. 13

Sec. 8814.063.  PERSONNEL ................................. 14

Sec. 8814.064.  DISTRICT OFFICE ........................... 15

Sec. 8814.065.  MEETINGS .................................. 16

Sec. 8814.066.  RECORDS ................................... 16

[Sections 8814.067-8814.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 8814.101.  GROUNDWATER CONSERVATION DISTRICT

                  POWERS AND DUTIES ....................... 18

Sec. 8814.102.  RULES ..................................... 18

Sec. 8814.103.  EMINENT DOMAIN ............................ 19

Sec. 8814.104.  CERTAIN PERMIT DENIALS PROHIBITED ......... 20

Sec. 8814.105.  CONTROL, STORAGE, AND PRESERVATION OF

                  STORM AND FLOOD WATER ................... 21

Sec. 8814.106.  RECLAMATION ............................... 21

Sec. 8814.107.  SOIL CONSERVATION AND IMPROVEMENT ......... 21

Sec. 8814.108.  ACQUISITION OF PROPERTY ................... 22

Sec. 8814.109.  SALE AND DISPOSAL OF PROPERTY ............. 22

Sec. 8814.110.  IMPROVEMENTS AND FACILITIES ............... 22

Sec. 8814.111.  INPUT WELLS ............................... 23

Sec. 8814.112.  APPEARANCE BEFORE RAILROAD COMMISSION ..... 23

Sec. 8814.113.  STUDIES AND SURVEYS ....................... 23

Sec. 8814.114.  RESEARCH; INFORMATION ..................... 24

Sec. 8814.115.  DISTRICT PLANS ............................ 24

Sec. 8814.116.  PAYMENT OF JUDGMENTS ...................... 24

CHAPTER 8814. STERLING COUNTY UNDERGROUND WATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Revised Law

Sec. 8814.001.  DEFINITIONS.  In this chapter:

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

(2)  "Director" means a board member.

(3)  "District" means the Sterling County Underground Water Conservation District.  (Acts 70th Leg., R.S., Ch. 915, Sec. 2; New.)

Source Law

Sec. 2.  In this Act, "district" means the Sterling County 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. 8814.002.  NATURE OF DISTRICT.  The district is created under Section 59, Article XVI, Texas Constitution, to provide for the conservation, preservation, protection, recharge, and prevention of waste and pollution of the district's groundwater and surface water, consistent with the objectives of Section 59, Article XVI, Texas Constitution, and Chapter 36 and Subchapters H and I, Chapter 49, Water Code.  (Acts 70th Leg., R.S., Ch. 915, Secs. 1 (part), 29.)

Source Law

Sec. 1.  … the Sterling County Underground Water Conservation District is created pursuant to Article XVI, Section 59, of the Texas Constitution.

Sec. 29.  The district is created to provide for the conservation, preservation, protection, recharge, and prevention of waste and pollution of the groundwater and surface water of the district consistent with the objectives of Article XVI, Section 59, of the Texas Constitution, and Chapter 36 and Subchapters H and I, Chapter 49, Water Code.

Revisor's Note

Section 1, Chapter 915, Acts of the 70th Legislature, Regular Session, 1987, 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:

Sec. 1.  On approval at the election called and held under Section 6 of this Act, … .

Revised Law

Sec. 8814.003.  LEGISLATIVE FINDINGS.  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 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. 915, 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. 8814.004.  DISTRICT TERRITORY.  The district is composed of the territory in Sterling County unless the district's territory has been modified under:

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

(2)  other law.  (Acts 70th Leg., R.S., Ch. 915, Sec. 4; New.)

Source Law

Sec. 4.  The district is composed of all the territory located within Sterling County and any additional territory annexed to or consolidated with the district.

Revisor's Note

Section 4, Chapter 915, Acts of the 70th Legislature, Regular Session, 1987, provides that the district is composed of the territory in Sterling County and "any additional territory annexed to or consolidated with the district."  For the reader's convenience, the revised law substitutes for the quoted language a reference to the authority to add territory to the district under Subchapter J, Chapter 36, Water Code, and to consolidate territory with the district under Subchapter K, Chapter 36, Water Code, which are applicable to groundwater conservation districts, and a reference to the general authority of the legislature to enact other laws to change the district's territory.

Revised Law

Sec. 8814.005.  DISTRICT NAME CHANGE. The board may change the name of the district if additional territory is annexed to or consolidated with the district.  (Acts 70th Leg., R.S., Ch. 915, Sec. 28.)

Source Law

Sec. 28.  The board may change the name of the district if additional territory is annexed to or consolidated with the district.

Revised Law

Sec. 8814.006.  OWNERSHIP OF GROUNDWATER AND SURFACE WATER RIGHTS NOT AFFECTED BY CHAPTER.  The ownership and rights of the owner of land, the owner's lessees, and assigns in groundwater and any surface water rights are recognized, and this chapter does not deprive or divest the owner, the owner's lessees, or assigns of those ownership rights.  (Acts 70th Leg., R.S., Ch. 915, Sec. 45.)

Source Law

Sec. 45.  The ownership and rights of the owner of land, his lessees, and assigns, in groundwater and any surface water rights are recognized and this Act does not deprive or divest the owner, his lessees, and assigns of those ownership rights.

Revised Law

Sec. 8814.007.  PAYMENT OF ORGANIZATIONAL EXPENSES.  (a)  The board may pay:

(1)  all costs and expenses necessarily incurred in the creation and organization of the district;

(2)  legal fees;  and

(3)  other incidental expenses.

(b)  The board may reimburse a person for money advanced for a purpose described by Subsection (a).

(c)  A payment may be made from maintenance taxes or other district revenue.  (Acts 70th Leg., R.S., Ch. 915, Sec. 47.)

Source Law

Sec. 47.  (a) The district's directors may pay all costs and expenses necessarily incurred in the creation and organization of the district, legal fees, and other incidental expenses and may reimburse any person for money advanced for these purposes.

(b)  Payments may be made from money obtained from maintenance taxes or other revenues of the district.

Revisor's Note

(End of Subchapter)

(1)  Section 6, Chapter 915, 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 the provision 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 under this section.

(c)  The temporary directors shall publish notice of the election at least one time in a newspaper or newspapers that have general circulation within the boundaries of the proposed district. The notice must be published before the 30th day preceding the date of the election.

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

(e)  If a majority of the votes cast at the election favor the creation of the district, the temporary directors shall declare the district created and shall enter the results in its minutes. 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 and shall enter the results in its minutes. The temporary directors shall file a copy of the election results with the Texas Water Commission.

(f)  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.

(g)  Except as specifically provided by this section, a creation election is governed by the Election Code.

(2)  Section 26, Chapter 915, Acts of the 70th Legislature, Regular Session, 1987, refers to the continuing right of this state to supervise the district through the Texas Water Commission. The revised law omits the provision because the Texas Commission on Environmental Quality is the successor to the Texas Water Commission, and therefore the provision duplicates, in substance, part of Section 12.081, Water Code, which applies to the district.  The omitted law reads:

Sec. 26.  The district is subject to the continuing right of supervision by the State of Texas to be exercised by the Texas Water Commission under this Act and the Water Code.

(3)  Section 31(b), Chapter 915, Acts of the 70th Legislature, Regular Session, 1987, provides that if there is a conflict between the act and Chapter 36, Water Code, the act controls.  The revised law omits that provision because it duplicates Section 311.026, Government Code (Code Construction Act), and part of Section 36.052(a), Water Code, which provides that a "special law governing a specific district" prevails over Chapter 36.  Throughout this chapter, the revised law omits law that duplicates law contained in Chapter 36, Water Code, which applies to the district under Section 8814.101 of this chapter and Section 36.001(1), Water Code. The omitted law reads:

(b)  If there is a conflict between this Act and Chapter 36, Water Code, this Act controls.

[Sections 8814.008-8814.050 reserved for expansion]

SUBCHAPTER B.  DISTRICT ADMINISTRATION

Revised Law

Sec. 8814.051.  COMPOSITION OF BOARD; TERMS.  (a)  The board is composed of five directors.

(b)  Directors serve staggered four-year terms.

(c)  A director takes office at the first regular meeting of the board following the director's election to the board. (Acts 70th Leg., R.S., Ch. 915, Secs. 8(a), 11, 12.)

Source Law

Sec. 8.  (a)  The board of directors of the district is composed of five members.

Sec. 11.  Except for the initial directors of the district, directors shall serve for staggered four-year terms.

Sec. 12.  A director takes office at the first regular meeting of the board following election to the board.

Revisor's Note

Section 11, Chapter 915, Acts of the 70th Legislature, Regular Session, 1987, provides that, except for the initial directors, directors serve four-year terms of office.  The revised law omits the reference to the initial directors because the terms of office of those directors have expired.

Revised Law

Sec. 8814.052.  ELECTION OF DIRECTORS.  One director is elected from the district at large.  One director is elected from each county commissioners precinct.  (Acts 70th Leg., R.S., Ch. 915, Sec. 8(b).)

Source Law

(b)  One director shall be elected from the district at large and one director shall be elected from each county commissioner precinct.

Revised Law

Sec. 8814.053.  ELECTION DATE.  Every two years, an election shall be held on the uniform election date in May to elect the appropriate number of directors. (Acts 70th Leg., R.S., Ch. 915, Sec. 10.)

Source Law

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

Revised Law

Sec. 8814.054.  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), a person who is a director from a county commissioners precinct must be a resident of that precinct unless the composition of the board is changed by annexation or consolidation.  (Acts 70th Leg., R.S., Ch. 915, 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 commissioner precinct must be a resident of that precinct unless the composition of the board is changed by annexation or consolidation.

Revised Law

Sec. 8814.055.  BOARD VACANCY.  If a vacancy occurs in the office of director, the remaining directors shall appoint a director for the unexpired term.  (Acts 70th Leg., R.S., Ch. 915, Sec. 13.)

Source Law

Sec. 13.  A vacancy on the board is filled by appointment of the remaining members of the board for the unexpired term.

Revised Law

Sec. 8814.056.  COMPOSITION OF BOARD FOLLOWING ANNEXATION OR CONSOLIDATION.  If the district annexes territory or consolidates with another district, the board shall determine the composition of the board in a manner that is equitable for the residents of the district as provided by Chapter 36, Water Code.  (Acts 70th Leg., R.S., Ch. 915, Sec. 8(c).)

Source Law

(c)  In the event of annexation of territory or consolidation with another district, the board of directors of the district shall determine the composition of the board in a manner that is equitable for the residents of the district as provided by Chapter 36, Water Code.

Revised Law

Sec. 8814.057.  COMPENSATION; EXPENSES.  (a)  A director or officer serves without compensation but may be reimbursed for actual expenses incurred in the performance of official duties.

(b)  The expenses described by Subsection (a) must be:

(1)  reported in the district's records; and

(2)  approved by the board. (Acts 70th Leg., R.S., Ch. 915, Sec. 15.) 

Source Law

Sec. 15.  Directors and officers serve without compensation but may be reimbursed for actual expenses incurred in the performance of official duties. Those expenses must be reported in the district's minutes book or district records and must be approved by the board.

Revisor's Note

Section 15, Chapter 915, Acts of the 70th Legislature, Regular Session, 1987, requires that approved expenses be reported in the "district's minutes book or district records."  The revised law omits the reference to the "district's minutes book" because the district's minutes book is a district record.

Revised Law

Sec. 8814.058.  VOTE REQUIRED FOR OFFICIAL BOARD ACTION.  An official action of the board is not valid without the affirmative vote of a majority of the directors.  (Acts 70th Leg., R.S., Ch. 915, Sec. 17 (part).)

Source Law

Sec. 17.  . . . official actions of the board are not valid without the affirmative vote of a majority of the members of the board.

Revisor's Note

Section 17, Chapter 915, Acts of the 70th Legislature, Regular Session, 1987, provides that a majority of the directors constitutes a quorum for the transaction of district business.  The revised law omits the provision because it duplicates, in substance, Section 36.053, Water Code.  The omitted law reads:

Sec. 17.  A majority of the members of the board constitute a quorum for the transaction of business of the district, but . . . .

Revised Law

Sec. 8814.059.  OFFICERS.  (a)  After each directors' election, the board shall:

(1)  hold a regular meeting at the district office; and

(2)  organize by electing from the directors a president, a vice president, and a secretary.

(b)  A person selected to serve as president, vice president, or secretary serves in that capacity for a two-year term.

(c)  The president, vice president, and secretary shall perform the duties and may exercise the powers specifically provided by this chapter or by order of the board.  (Acts 70th Leg., R.S., Ch. 915, Secs. 16(a), (b), (d).)

Source Law

Sec. 16.  (a)  After each directors' election, the board shall hold a regular meeting at the district office and shall organize by electing from the members of the board one person to serve as chairman, one person to serve as vice-chairman, and one person to serve as secretary.

(b)  A person selected to serve as chairman, vice-chairman, or secretary serves in that capacity for a term of two years.

(d)  The chairman, vice-chairman, and secretary shall perform the duties and may exercise the powers specifically given them by this Act or by orders of the board.

Revisor's Note

(1)  Section 16, Chapter 915, Acts of the 70th Legislature, Regular Session, 1987, refers to the "chairman" and "vice-chairman" of the board.  The revised law substitutes "president" for "chairman" and "vice president" for "vice-chairman" to avoid the use of a gender-based term and because those are the terms used by Chapter 36, Water Code.  In the context in which the terms are used, the terms have the same meaning.

(2)  Section 16(c), Chapter 915, Acts of the 70th Legislature, Regular Session, 1987, provides that the chairman or, in his absence, the vice-chairman, presides over board meetings.  The revised law omits the provision because it duplicates, in substance, Section 36.054(c), Water Code.  The omitted law reads:

(c)  The chairman shall preside over meetings of the board, and in his absence, the vice-chairman shall preside.

Revised Law

Sec. 8814.060.  GENERAL MANAGER; SERVICE OF PROCESS.  (a)  The general manager shall execute a bond in the amount determined by the board, payable to the district, and conditioned on the faithful performance of the general manager's duties.  The district shall pay for the bond.

(b)  The general manager is entitled to receive the compensation provided by the district's budget.

(c)  Service of process in a suit may be had by serving the general manager.  (Acts 70th Leg., R.S., Ch. 915, Secs. 19(b), (c), 27(a) (part).)

Source Law

[Sec. 19]

(b)  The general manager shall execute a bond in the amount determined by the board, payable to the district, and conditioned on the faithful performance of the general manager's duties. The district shall pay for the bond.

(c)  The general manager is entitled to receive the compensation provided by the district's budget.

Sec. 27.  (a)  … Service of process in a suit may be had by serving the general manager.

Revisor's Note

Section 19(a), Chapter 915, Acts of the 70th Legislature, Regular Session, 1987, provides that the board may employ a general manager and delegate to that person authority to manage the district's affairs.  The revised law omits the provision because it duplicates Section 36.056(a), Water Code.  The omitted law reads:

Sec. 19.  (a)  The board may employ a general manager to be the chief administrative officer of the district and may delegate to him full authority to manage and operate the affairs of the district subject only to orders of the board.

Revised Law

Sec. 8814.061.  TREASURER AND ATTORNEY.  (a)  The board may appoint a treasurer and an attorney for the district.

(b)  The person appointed as treasurer shall execute a bond in the amount determined by the board, payable to the district, conditioned on the faithful performance of the treasurer's duties. The district shall pay for the bond.

(c)  A person appointed under this section is entitled to the compensation provided by the district's budget.  (Acts 70th Leg., R.S., Ch. 915, Sec. 18.)

Source Law

Sec. 18.  (a)  The board may appoint persons to serve as treasurer and attorney for the district.

(b)  The persons appointed under this section are entitled to the compensation provided by the district's budget.

(c)  The person appointed as treasurer shall execute a bond in the amount determined by the board, payable to the district, conditioned on the faithful performance of the treasurer's duties. The district shall pay for the bond.

Revised Law

Sec. 8814.062.  ENGINEER.  The board may:

(1)  appoint or contract with a competent professional engineer for the district; and

(2)  determine the amount of compensation to be paid to the engineer.  (Acts 70th Leg., R.S., Ch. 915, Sec. 20.)

Source Law

Sec. 20.  The board may appoint or contract with a competent professional engineer for the district and may determine the amount of compensation to be paid to the engineer.

Revised Law

Sec. 8814.063.  PERSONNEL.  (a)  The general manager or the board may:

(1)  employ other persons necessary to properly handle the district's business and operation; and

(2)  employ or contract with expert and specialized personnel who are necessary to carry out this chapter.

(b)  The board shall determine the terms of employment and the compensation to be paid to employees described by this section.

(c)  The district shall pay for any bond that an employee of or person under contract with the district is required to furnish under Section 36.057(d), Water Code.

(d)  The general manager or the board may dismiss an employee of the district.  (Acts 70th Leg., R.S., Ch. 915, Secs. 21(a), (b), (c), (d) (part).)

Source Law

Sec. 21.  (a) The general manager or the board may employ other persons necessary for the proper handling of the business and operation of the district and may employ or contract with expert and specialized personnel who are necessary to carry out this Act.

(b)  The board shall determine the terms of employment and the compensation to be paid to employees under this section.

(c)  The general manager or a majority of the members of the board may dismiss an employee of the district.

(d)  …  The district shall pay for each bond.

Revisor's Note

(1)  Section 21(c), Chapter 915, Acts of the 70th Legislature, Regular Session, 1987, provides that "a majority of the members of" the board may dismiss an employee of the district.  The revised law omits the quoted language as duplicative because Section 17, Chapter 915, Acts of the 70th Legislature, Regular Session, 1987 (revised in this chapter as Section 8814.058), provides that an official action of the board is not valid without the affirmative vote of a majority of the directors.

(2)  Section 21(d), Chapter 915, Acts of the 70th Legislature, Regular Session, 1987, requires certain persons employed by or under contract with the district to furnish a bond  The revised law omits the provision because it duplicates, in substance, Section 36.057(d), Water Code.  The omitted law reads:

(d)  The board shall require each employee or person under contract to the district who collects, pays, or handles any funds of the district to furnish a bond, payable to the district, for an amount sufficient to protect the district from financial loss resulting from actions of the employee or other person. Each bond shall be conditioned on the faithful performance of the employee's or person's duties and on accounting for all money and property of the district in his hands. . . .

(3)  Section 21(d), Chapter 915, Acts of the 70th Legislature, Regular Session, 1987, provides that the district shall pay for "each bond," meaning a bond required of an employee of, or a person under contract with, the district who collects, pays, or handles any funds of the district.  For the convenience of the reader, the revised law substitutes "any bond that an employee of or person under contract with the district is required to furnish under Section 36.057(d), Water Code," for the quoted language because Section 36.057(d) specifies the conditions under which a bond is required.

Revised Law

Sec. 8814.064.  DISTRICT OFFICE. The board shall maintain an office in the district for conducting district business.  (Acts 70th Leg., R.S., Ch. 915, Sec. 22.)

Source Law

Sec. 22.  The board shall maintain an office within the boundaries of the district for conducting the business of the district.

Revised Law

Sec. 8814.065.  MEETINGS.  The board shall hold regular meetings at the district office on a date established by the board.  (Acts 70th Leg., R.S., Ch. 915, Sec. 23.)

Source Law

Sec. 23.  The board shall hold regular meetings at the district's office on a date established by the board.

Revised Law

Sec. 8814.066.  RECORDS.  The board shall keep a complete written account of board meetings and other proceedings and shall preserve the board's minutes, contracts, records, plans, notices, accounts, receipts, and records in a secure manner at the district's office.  (Acts 70th Leg., R.S., Ch. 915, Sec. 24(a).)

Source Law

(a)  The board shall keep a complete written account of all its meetings and other proceedings and shall preserve its minutes, contracts, records, plans, notices, accounts, receipts, and records of all kinds in a secure manner at the district's office.

 

Revisor's Note

(End of Subchapter)

(1)  Section 5, Chapter 915, Acts of the 70th Legislature, Regular Session, 1987, names the temporary directors, provides for filling vacancies on the temporary board, and requires the temporary directors 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-Clyde R. Foster

(2)  Precinct 2-Darwin B. Schrader

(3)  Precinct 3-Frank S. Price

(4)  Precinct 4-Ewing F. McEntire, Jr.

(5)  At large-William C. Humble

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

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

(2)  Section 7, Chapter 915, 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 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.

(3)  Section 14, Chapter 915, Acts of the 70th Legislature, Regular Session, 1987, requires each director to take the constitutional oath of office.  The revised law omits that provision because Section 1, Article XVI, Texas Constitution, requires all officers to take the oath (or affirmation) before assuming office.  The omitted law reads:

Sec. 14.  Each director shall take the constitutional oath of office required of state officers.

(4)  Section 24(b), Chapter 915, Acts of the 70th Legislature, Regular Session, 1987, provides that certain records are the property of the district and are subject to public inspection.  The revised law omits the provision because it duplicates Section 36.065(b), Water Code.  The omitted law reads:

(b)  Minutes, contracts, records, plans, notices, accounts, receipts, and other records are the property of the district and are subject to public inspection.

[Sections 8814.067-8814.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Revised Law

Sec. 8814.101.  GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES.  Except to the extent of any conflict with this chapter or as specifically limited by this chapter, the district may exercise the powers granted by, and shall exercise the duties provided by, Chapter 36, Water Code, to carry out the purpose of the district and this chapter.  (Acts 70th Leg., R.S., Ch. 915, Secs. 31(a), 46.)

Source Law

Sec. 31.  (a) Except to the extent of any conflict with this Act or as specifically limited by this Act, the district may exercise the powers granted and shall exercise the duties under Chapter 36, Water Code, to carry out the purpose of the district and this Act.

Sec. 46.  The district may exercise the powers and shall exercise the duties provided by Chapter 36, Water Code.

Revised Law

Sec. 8814.102.  RULES.  (a) The board may adopt rules necessary to carry out the purpose and powers under this chapter.

(b)  In addition to the rules adopted under Subsection (a), the board may adopt and enforce rules as provided by Chapter 36 and Subchapters H and I, Chapter 49, Water Code. (Acts 70th Leg., R.S., Ch. 915, Secs. 30(a) (part), (b).)

Source Law

Sec. 30.  (a) The board may adopt rules that are necessary to carry out the purpose and powers under this Act and … .

(b)  In addition to the rules adopted under Subsection (a) of this section, the board may adopt and enforce rules as provided by Chapter 36 and Subchapters H and I, Chapter 49, Water Code.

Revisor's Note

Section 30(a), Chapter 915, Acts of the 70th Legislature, Regular Session, 1987, provides that the district may enforce its rules in court. The revised law omits the provision because it duplicates Section 36.102(a), Water Code. The omitted law reads:

(a)  [The board] … may enforce those rules by injunction, mandatory injunction, or other appropriate remedy in a court of competent jurisdiction.

Revised Law

Sec. 8814.103.  EMINENT DOMAIN.  (a)  The district may exercise the power of eminent domain to acquire by condemnation a fee simple or other interest in property in the district if the property interest is necessary to the exercise of the authority conferred by this chapter.

(b)  The district must exercise the power of eminent domain in the manner provided by Chapter 21, Property Code, but the district is not required to deposit in the trial court money or a bond as provided by Section 21.021(a), Property Code.  (Acts 70th Leg., R.S., Ch. 915, Secs. 42(a), (b).)

Source Law

Sec. 42.  (a) The district may exercise the power of eminent domain to acquire by condemnation a fee simple or other interest in property located inside the district if the property interest is necessary to the exercise of the authority conferred by this chapter.

(b)  The district must exercise the power of eminent domain in the manner provided by Chapter 21, Property Code, but the district is not required to deposit in the trial court money or a bond as provided by Section 21.021(a), Property Code.

Revisor's Note

(1)  Section 42(c), Chapter 915, Acts of the 70th Legislature, Regular Session, 1987, provides that in a condemnation proceeding brought by the district, the district is not required to pay in advance or give bond or other security in certain circumstances.  The revised law omits the provision because it duplicates Section 36.105(d), Water Code.  The omitted law reads:

(c)  In a condemnation proceeding brought by a district, the district is not required to pay in advance or give bond or other security for costs in the trial court, to give bond for the issuance of a temporary restraining order or a temporary injunction, or to give bond for costs or supersedeas on an appeal or writ of error.

(2)  Section 42(d), Chapter 915, Acts of the 70th Legislature, Regular Session, 1987, requires the district to provide a comparable replacement if the district relocates or alters certain property in exercising the power of eminent domain.  The revised law omits the provision because it duplicates Section 36.105(e), Water Code.  The omitted law reads:

(d)  In exercising the power of eminent domain, if the district requires relocating, raising, lowering, rerouting, changing the grade, or altering the construction of any railroad, highway, pipeline, or telegraph, telephone, electric transmission, or distribution lines, conduits, poles, or facilities, the district must bear the actual cost of relocating, raising, lowering, rerouting, changing the grade, or altering the construction to provide comparable replacement without enhancement of facilities after deducting the net salvage value derived from the old facility.

Revised Law

Sec. 8814.104.  CERTAIN PERMIT DENIALS PROHIBITED.  If the district regulates production of groundwater by permit as authorized by Chapter 36, Water Code, the board may not deny a permit to drill a well to the owner of land, or the owner's heirs, assigns, and lessees on that land, and the right to produce water from that well under rules adopted by the district.  (Acts 70th Leg., R.S., Ch. 915, Sec. 32.)

Source Law

Sec. 32.  If the district regulates production of groundwater by permit as authorized by Chapter 36, Water Code, the board may not deny a permit to drill a well to the owner of land, his heirs, assigns, and lessees on his land and the right to produce water from that well under rules adopted by the district.

Revised Law

Sec. 8814.105.  CONTROL, STORAGE, AND PRESERVATION OF STORM AND FLOOD WATER.  The district may control, store, and preserve the storm and flood water in the district and the water of the rivers and streams in the district for:

(1)  irrigation of arid land;

(2)  prevention of floods and flood damage in the district; and

(3)  domestic, agricultural, municipal, and industrial uses.  (Acts 70th Leg., R.S., Ch. 915, Sec. 36.)

Source Law

Sec. 36.  The district may control, store, and preserve the storm and flood water in the district and the water of the rivers and streams in the district for irrigation of arid land, prevention of floods and flood damage in the district, and domestic, agricultural, municipal, and industrial uses.

Revised Law

Sec. 8814.106.  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. 915, Sec. 37.)

Source Law

Sec. 37.  The district may reclaim land within the district and may construct necessary works, facilities, and improvements to accomplish this purpose.

Revised Law

Sec. 8814.107.  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. 915, Sec. 38.)

Source Law

Sec. 38.  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. 8814.108.  ACQUISITION OF PROPERTY.  The district may acquire land or other property necessary to carry out this chapter by:

(1)  gift;

(2)  devise;

(3)  lease;

(4)  purchase; or

(5)  condemnation.  (Acts 70th Leg., R.S., Ch. 915, Sec. 41.)

Source Law

Sec. 41.  The district may acquire by gift, devise, lease, purchase, or condemnation any land or other property necessary to carry out this Act.

Revised Law

Sec. 8814.109.  SALE AND DISPOSAL OF PROPERTY.  Subject to this chapter and Chapter 36 and Subchapters H and I, Chapter 49, 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. 915, Sec. 43.)

Source Law

Sec. 43.  Subject to this Act and Chapter 36 and Subchapters H and I, Chapter 49, 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 of directors.

Revised Law

Sec. 8814.110.  IMPROVEMENTS AND FACILITIES.  (a)  The district may construct or acquire and improve and maintain works, facilities, and improvements necessary to carry out the purpose, powers, and plans of the district.

(b)  The district must construct and acquire works, facilities, and improvements in the manner provided by Chapter 49, Water Code.  (Acts 70th Leg., R.S., Ch. 915, Sec. 39.)

Source Law

Sec. 39.  (a)  The district may construct or acquire and improve and maintain works, facilities, and improvements necessary to carry out the purpose, powers, and plans of the district.

(b)  The district shall construct and acquire works, facilities, and improvements in the manner provided by Chapter 49, Water Code.

Revised Law

Sec. 8814.111.  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. 915, Sec. 40.)

Source Law

Sec. 40.  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. 8814.112.  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 relating to a pending permit application for an injection well to be located in the district. (Acts 70th Leg., R.S., Ch. 915, Sec. 44.)

Source Law

Sec. 44.  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. 8814.113.  STUDIES AND SURVEYS.  (a)  The board may have a professional engineer conduct studies and surveys of the groundwater and surface water supplies in the district and the facilities available for use in the conservation, preservation, protection, recharge, and prevention of waste and pollution of those water resources.

(b)  A professional engineer may determine the quantities of groundwater and surface water in the district.  (Acts 70th Leg., R.S., Ch. 915, Sec. 33.)

Source Law

Sec. 33.  The board may have professional engineers make studies and surveys of the groundwater and surface water supplies within the district and the facilities available for use in the conservation, preservation, protection, recharge, and prevention of waste and pollution of those water resources. The professional engineers also may determine the quantities of both groundwater and surface water in the district.

Revised Law

Sec. 8814.114.  RESEARCH; INFORMATION.  The district may engage in research projects and shall develop information to be used by the district in preparing and implementing the district's plans and in carrying out the district's powers and duties under this chapter.  (Acts 70th Leg., R.S., Ch. 915, Sec. 35.)

Source Law

Sec. 35.  The district may engage in research projects and shall develop information to be used by the district in preparing and implementing its plans and in carrying out its powers and duties under this Act.

Revised Law

Sec. 8814.115.  DISTRICT PLANS.  (a)  The district shall develop and implement comprehensive plans for the conservation, preservation, protection, recharge, and prevention of waste and pollution of groundwater and surface water in the district.

(b)  The plans must include all works, facilities, and improvements necessary to implement the plans and the specifications for those works, facilities, and improvements.  (Acts 70th Leg., R.S., Ch. 915, Sec. 34.)

Source Law

Sec. 34.  The district shall develop and implement comprehensive plans for the conservation, preservation, protection, recharge, and prevention of waste and pollution of groundwater and surface water within the district. The plans shall include all works, facilities, and improvements necessary to implement the plans and the specifications for those works, facilities, and improvements.

Revised Law

Sec. 8814.116.  PAYMENT OF JUDGMENTS.  A court of this state that renders a money judgment against the district may require the board to pay the judgment from money in the district depository that is not dedicated to the payment of any indebtedness of the district. (Acts 70th Leg., R.S., Ch. 915, Sec. 27(c).)

Source Law

(c)  A court of this state that renders a money judgment against the district may require the board to pay the judgment from money in the district depository that is not dedicated to the payment of any indebtedness of the district.

Revisor's Note

(End of Subchapter)

(1)  Section 25, Chapter 915, Acts of the 70th Legislature, Regular Session, 1987, provides that the board may enter into contracts as provided by Chapter 36, Water Code, and that contracts shall be executed in the name of the district.  The revised law omits that provision because Section 36.067, Water Code, which addresses contracts, applies to the district under Section 8814.101 and on its own terms, and Section 36.067(a), Water Code, specifies that the district shall enter into contracts in the name of the district.  The omitted law reads:

Sec. 25.  The board may enter into contracts as provided by Chapter 36, Water Code, and those contracts shall be executed by the board in the name of the district.

(2)  Section 48, Chapter 915, Acts of the 70th Legislature, Regular Session, 1987, provides that the district may issue bonds and impose a tax as provided by Chapter 36, Water Code.  The revised law omits that provision because Sections 31(a) and 46 of the act (revised in this chapter as Section 8814.101) provide that the district may exercise the powers granted by, and shall exercise the duties provided by, Chapter 36, Water Code.  The provisions applicable to the district under Section 8814.101 include any tax and bond provisions of Chapter 36, Water Code.  The omitted law reads:

Sec. 48.  The district may issue and sell bonds and notes and may levy and collect taxes as provided by Chapter 36, Water Code.

Revisor's Note

(End of Chapter)

(1)  Section 27, Chapter 915, Acts of the 70th Legislature, Regular Session, 1987, provides that the district may sue and be sued in the name of the district and requires a court to take judicial notice of the district.  The revised law omits those provisions because they duplicate Section 36.066(a), Water Code.  The omitted law reads:

Sec. 27.  (a)  The district may, through its board, sue and be sued in any court of this state in the name of the district… .

(b)  The courts of this state shall take judicial notice of the creation of the district.

(2)  Section 22, Chapter 759, Acts of the 78th  Legislature, Regular Session, 2003, validates certain actions of the district.  Those provisions are omitted from the revised law because they served their purposes on the day they took effect and are executed law.  Section  311.031(a)(2), Government Code (Code Construction Act), provides that the repeal of a statute does not affect any validation previously made under the statute.  The omitted law reads:

Sec. 22.  (a) The following actions of the Sterling County Underground Water Conservation District are validated and confirmed as if the actions had been done as authorized by law:

(1)  all acts and governmental proceedings of the district before the effective date of this Act;

(2)  the election or appointment of directors or other officials of the district who took office before the effective date of this Act; and

(3)  any bond or other obligation of a district authorized before the effective date of this Act, including any proceeding taken before the effective date of this Act that is related to that bond or other obligation, regardless of whether the bond or obligation is:

(A)  payable from tax revenue or otherwise; or

(B)  issued on or before the effective date of this Act.

(b)  This Act does not apply to:

(1)  an act or proceeding that was void at the time it occurred;

(2)  an act or proceeding that, under a statute of this state or the United States, was a misdemeanor or felony at the time the act or proceeding occurred;

(3)  a rule that, at the time it was passed, was preempted by a statute of this state or the United States; or

(4)  a matter that on the effective date of this Act:

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

(B)  has been held invalid by a final judgment of a court.