81C401(3) HLT

 

CHAPTER 8805. LIPAN-KICKAPOO WATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 8805.001.  DEFINITIONS ...............................  2

Sec. 8805.002.  NATURE OF DISTRICT ........................  2

Sec. 8805.003.  LEGISLATIVE FINDINGS ......................  3

Sec. 8805.004.  DISTRICT TERRITORY ........................  3

Sec. 8805.005.  OWNERSHIP OF GROUNDWATER AND SURFACE

                  WATER RIGHTS NOT AFFECTED BY CHAPTER ....  4

[Sections 8805.006-8805.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Sec. 8805.051.  COMPOSITION OF BOARD;  TERMS ..............  6

Sec. 8805.052.  ELECTION OF DIRECTORS .....................  7

Sec. 8805.053.  QUALIFICATIONS FOR ELECTION ...............  8

Sec. 8805.054.  BOARD VACANCY .............................  9

Sec. 8805.055.  COMPOSITION OF BOARD AND ELECTION OF

                  DIRECTORS FOLLOWING ANNEXATION ..........  9

Sec. 8805.056.  VOTE REQUIRED FOR OFFICIAL BOARD ACTION ... 10

[Sections 8805.057-8805.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 8805.101.  GENERAL POWERS AND DUTIES ................. 11

Sec. 8805.102.  SEAL ...................................... 12

Sec. 8805.103.  CONTROL, STORAGE, AND PRESERVATION OF

                  STORM AND FLOOD WATER ................... 12

Sec. 8805.104.  RECLAMATION ............................... 13

Sec. 8805.105.  SOIL CONSERVATION AND IMPROVEMENT ......... 13

Sec. 8805.106.  ACQUISITION OF PROPERTY ................... 13

Sec. 8805.107.  SALE AND DISPOSAL OF PROPERTY ............. 14

Sec. 8805.108.  BORROWING MONEY ........................... 14

Sec. 8805.109.  APPEARANCE BEFORE RAILROAD COMMISSION ..... 14

CHAPTER 8805. LIPAN-KICKAPOO WATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Revised Law

Sec. 8805.001.  DEFINITIONS.  In this chapter:

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

(2)  "Director" means a board member.

(3)  "District" means the Lipan-Kickapoo Water Conservation District.  (Acts 70th Leg., R.S., Ch. 439, Sec. 1;  New.)

Source Law

Sec. 1.  In this Act:

(1)  "District" means the Lipan-Kickapoo Water 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. 8805.002.  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, Water Code.  (Acts 70th Leg., R.S., Ch. 439, Secs. 2(a) (part), (b).)

Source Law

(a)  … the Lipan-Kickapoo Water Conservation District is created under the authority of Article XVI, Section 59, of the Texas Constitution.

(b)  The district is created to provide for the conservation, preservation, protection, recharge, and prevention of waste and pollution of the underground and surface water of the district consistent with the objectives of Section 59, Article XVI, Texas Constitution, and Chapter 36, Water Code.

Revisor's Note

(1)  Section 2(a), Chapter 439, 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. 2.  (a)  Subject to approval at an election required by Section 13 of this Act, … .

(2)  Section 2(b), Chapter 439, Acts of the 70th Legislature, Regular Session, 1987, refers to "underground water."  Throughout this chapter, the revised law substitutes "groundwater" for "underground water" because that is the term used in Chapter 36, Water Code, and because that is the more commonly used and modern term.

Revised Law

Sec. 8805.003.  LEGISLATIVE FINDINGS.  The legislature finds that:

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

(2)  the district will benefit the land in the district;

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

(4)  the district will provide a public use and benefit.  (Acts 70th Leg., R.S., Ch. 439, Sec. 3.)

Source Law

Sec. 3.  The legislature finds that:

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

(2)  the district will be a benefit to the land contained within the boundaries of the district;

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

(4)  the district will provide a benefit and utility to the public.

Revised Law

Sec. 8805.004.  DISTRICT TERRITORY.  The district is composed of the territory described by Section 4, Chapter 439, Acts of the 70th Legislature, Regular Session, 1987, as that territory may have been modified under:

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

(2)  other law.  (New.)

Revisor's Note

The revision of the law governing the district does not revise the statutory language describing the territory of the district to avoid the lengthy recitation of the description.  Additionally, 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 statutory description of the district's territory and to the authority to change the district's territory under Subchapter J, Chapter 36, Water Code, applicable to groundwater conservation districts.  The revised law also includes a reference to the general authority of the legislature to enact other laws to change the district's territory.

Revised Law

Sec. 8805.005.  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. 439, Sec. 16.)

Source Law

Sec. 16.  The ownership and rights of the owner of land, his lessees, and assigns in underground water and any surface water rights are recognized and this Act does not deprive or divest the owner, his lessees, or assigns of those ownership rights.

Revisor's Note

(End of Subchapter)

(1)  Section 13, Chapter 439, Acts of the 70th Legislature, Regular Session, 1987, provides procedures for holding an election to confirm the district's creation and to elect the district's initial board.  Because the district has been confirmed and its initial directors have been elected, the revised law omits those provisions as executed.  The omitted law reads:

Sec. 13.  (a)  Not later than the 90th 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 180th day after the effective date of this Act within the boundaries of the proposed district to approve the creation of the district.

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

(c)  In the order calling the election, the temporary directors shall designate county area places and the at-large position and polling places for the election.

(d)  The propositions to be voted on shall include the question of whether the establishment of the district is confirmed and the election of the board of directors.  The election may also include the question of levying, assessing, and collecting an ad valorem tax throughout the district.

(e)  The temporary directors shall publish notice of the election two times in one or more newspapers of general circulation within the boundaries of the proposed district.  The notice must be published not later than the 30th day and the 10th day preceding the date of the election.

(f)  Returns of the election shall be made to the temporary directors who shall canvass the returns and declare the results of the election.

(g)  If the creation of the district is defeated, all of the propositions relating to the district are defeated, and another election may not be called and held during the 12-month period immediately following the date on which the most recent election on the proposition or propositions was held.  If the district is not created within five years after the effective date of this Act, this Act expires.

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

(2)  Section 15, Chapter 439, 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. 15.  The district is subject to the continuing right of supervision by the state, to be exercised by the Texas Water Commission.

[Sections 8805.006-8805.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Revised Law

Sec. 8805.051.  COMPOSITION OF BOARD;  TERMS.  (a)  The board consists of:

(1)  an equal number of directors from each county in the district, elected by a majority vote of the voters residing in any part of the county that is included in the district;  and

(2)  one director elected from the district at large.

(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. 439, Secs. 8(a) (part), 9(b), 10(a).)

Source Law

Sec. 8.  (a)  The board consists of an equal number of directors from each county, elected by a majority vote of the qualified voters residing in the part of the county that is included in the district, and one director elected from the district at large… .

[Sec. 9]

(b)  A director takes office at the first regular meeting of the board following election to the board.

Sec. 10.  (a)  Directors serve staggered four-year terms.

Revisor's Note

(1)  Section 8(a), Chapter 439, Acts of the 70th Legislature, Regular Session, 1987, refers to an election by the "qualified" voters of the district and of the parts of each county included in the district.  The revised law omits "qualified" as unnecessary in this context because Chapter 11, Election Code, governs eligibility to vote in an election in this state and allows only "qualified" voters who are residents of the territory covered by the election to vote in an election.

(2)  Section 8(a), Chapter 439, Acts of the 70th Legislature, Regular Session, 1987, provides that the board consists of not fewer than five and not more than 11 directors.  The revised law omits the provision because it duplicates part of Section 36.051(a), Water Code.  Throughout this chapter, the revised law omits law that duplicates law contained in Chapter 36, Water Code, which applies to the district under Section 8805.101 of this chapter and Section 36.001(1), Water Code.  The omitted law reads:

(a)  … The board consists of not fewer than 5 and not more than 11 directors.

Revised Law

Sec. 8805.052.  ELECTION OF DIRECTORS.  (a)  Every second year, the board shall hold an election on the uniform election date in May provided by Section 41.001, Election Code, to elect the appropriate number of directors.

(b)  Three directors are elected at one election and four at the next election in continuing sequence unless the number of directors changes under Section 8805.055.  (Acts 70th Leg., R.S., Ch. 439, Secs. 9(a), 10(b).)

Source Law

Sec. 9.  (a)  Every second year the board shall call and hold an election on the uniform election date in May provided by Section 41.001, Election Code, to elect the appropriate number of directors to the board.

[Sec. 10]

(b)  Three directors shall be elected at one election and four at the next election in continuing sequence until there is a change in the number of directors under Section 8 of this Act.

Revisor's Note

Section 9(a), Chapter 439, Acts of the 70th Legislature, Regular Session, 1987, requires the board to "call and hold" certain directors' elections.  The revised law omits the reference to "calling" an election because, in this context, "calling" an election is included in the meaning of "holding" an election.  Under Chapter 3, Election Code, all elections must be ordered (called) before they may be held.

Revised Law

Sec. 8805.053.  QUALIFICATIONS FOR ELECTION.  (a)  To be qualified for election as a director, a person must be:

(1)  a resident of the district or proposed district; and

(2)  at least 18 years of age.

(b)  In addition to the requirements of Subsection (a), a director from a county area must be a resident of that county.  (Acts 70th Leg., R.S., Ch. 439, Secs. 7(a) (part), (b).)

Source Law

Sec. 7.  (a)  To be qualified for election as a director, a person must be:

(1)  a resident of the district or proposed district;

(2)  at least 18 years of age; and

…

(b)  In addition to the requirements of Subsection (a) of this section, a director from a county area must be a resident of that county.

Revisor's Note

Section 7(a), Chapter 439, Acts of the 70th Legislature, Regular Session, 1987, provides that to be qualified for election as a director, a person may not be disqualified by Section 36.051, Water Code.  The revised law omits the provision because the eligibility provisions contained in Section 36.051(b), Water Code, apply to prospective directors on their own terms.  The omitted law reads:

(a)  [To be qualified for election as a director, a person must be:]

…

(3)  not otherwise disqualified by Section 36.051, Water Code.

Revised Law

Sec. 8805.054.  BOARD VACANCY.  (a)  If a vacancy occurs in the office of director, the remaining directors shall appoint a replacement who meets the qualifications of Section 8805.053.

(b)  The appointed replacement serves until the next directors' election.

(c)  If the position is not regularly scheduled to be filled at the next election, the person elected to fill the position serves for the remainder of the unexpired term.  (Acts 70th Leg., R.S., Ch. 439, Sec. 8(b).)

Source Law

(b)  If a vacancy occurs in the office of director, the remaining directors shall select a person with the qualifications as provided by Section 7 of this Act.  The person selected serves until the next directors' election.  If the position is not regularly scheduled to be filled at that election, the person elected serves for the remainder of the unexpired term.

Revised Law

Sec. 8805.055.  COMPOSITION OF BOARD AND ELECTION OF DIRECTORS FOLLOWING ANNEXATION.  (a)  When the district annexes territory, the board shall change the number of directors, if necessary, so that:

(1)  an equal number of directors is elected by district voters of each county;  and

(2)  one director is elected from the district at large.

(b)  If the board changes the number of directors under Subsection (a), the board shall provide that, as nearly as possible, half of the directors are elected at each subsequent election in continuing sequence.  (Acts 70th Leg., R.S., Ch. 439, Sec. 8(c).)

Source Law

(c)  When territory is annexed by the district, the board shall, if necessary, change the number of directors so that an equal number of directors is elected by district voters of each county and one director is elected from the district at large.  The board shall provide that, as nearly as possible, half of the directors are elected at each subsequent election in continuing sequence.

Revised Law

Sec. 8805.056.  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. 439, Sec. 12 (part).)

Source Law

Sec. 12.  … an official action of the board is not valid without the affirmative vote of a majority of the members of the board.

Revisor's Note

Section 12, Chapter 439, Acts of the 70th Legislature, Regular Session, 1987, provides that a majority of board members 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. 12.  A majority of the members of the board constitutes a quorum for the transaction of business of the district, but … .

Revisor's Note

(End of Subchapter)

(1)  Section 6, Chapter 439, Acts of the 70th Legislature, Regular Session, 1987, names the temporary directors and provides for the selection of officers and for filling vacancies on the temporary board.  Because the terms of the temporary directors have expired, the revised law omits those provisions as executed.  The omitted law reads:

Sec. 6.  (a)  On the effective date of this Act, the following persons are designated as temporary directors of the district:

(1)  Michael Hoelscher;

(2)  James Ripple;

(3)  Gregory Phinney;

(4)  Harvey Williams;

(5)  F. G. Brown;

(6)  Joe Brosig; and

(7)  A. H. Denis III.

(b)  If a vacancy occurs in the office of temporary director, the remaining temporary directors shall select a person with the qualifications as provided by Section 7 of this Act.

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

(d)  The temporary directors shall serve until their successors are elected and have qualified.

(2)  Section 11, Chapter 439, Acts of the 70th Legislature, Regular Session, 1987,  provides that a director is entitled to certain fees of office and reimbursement for certain expenses.  The revised law omits the provision because it duplicates Section 36.060, Water Code.  The omitted law reads:

Sec. 11.  (a)  A director is entitled to receive fees of office as provided by Chapter 36, Water Code, for each day the director spends performing the duties of a director.

(b)  Each director is entitled to receive reimbursement of actual expenses reasonably and necessarily incurred while engaging in duties on behalf of the district.

[Sections 8805.057-8805.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Revised Law

Sec. 8805.101.  GENERAL POWERS AND DUTIES.  (a)  Except to the extent of any conflict with this chapter or as specifically limited by this chapter, the district:

(1)  is governed by and subject to Chapter 36 and Subchapters H and I, Chapter 49, Water Code; and

(2)  may exercise the powers provided by the chapters described by Subdivision (1), including the power to issue bonds, impose taxes, and exercise eminent domain authority.

(b)  The district shall exercise the duties provided by the chapters specified by Subsection (a)(1).  (Acts 70th Leg., R.S., Ch. 439, Secs. 5, 14(l).)

Source Law

Sec. 5.  Except to the extent of any conflict with this Act or as specifically limited by this Act, the district is governed by and subject to Chapter 36 and Subchapters H and I, Chapter 49, Water Code, and may exercise all of the powers contained in these chapters, including the powers to issue bonds and levy and collect taxes and the power of eminent domain.  The district shall exercise all of the duties provided by these chapters.

[Sec. 14]

(l)  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 perform the duties under Chapter 36, Water Code.

Revisor's Note

Section 5, Chapter 439, Acts of the 70th Legislature, Regular Session, 1987, refers to the district's authority to "levy and collect" taxes.  The revised law substitutes "impose" for "levy and collect" because "impose" is the term generally used in Title 1, Tax Code, and includes the levy or collection of a tax.

Revised Law

Sec. 8805.102.  SEAL.  The board may adopt a seal for the district.  (Acts 70th Leg., R.S., Ch. 439, Sec. 14(b).)

Source Law

(b)  The board may adopt a seal for the district.

Revised Law

Sec. 8805.103.  CONTROL, STORAGE, AND PRESERVATION OF STORM AND FLOOD WATER.  The district may control, store, and preserve storm water and floodwater in the district and water of 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, and industrial use.  (Acts 70th Leg., R.S., Ch. 439, Sec. 14(c).)

Source Law

(c)  The district may control, store, and preserve the storm water and floodwater in the district and the water of rivers and streams in the district for irrigation of arid land, prevention of floods and flood damage in the district, and domestic, agricultural, and industrial use.

Revised Law

Sec. 8805.104.  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. 439, Sec. 14(d).)

Source Law

(d)  The district may reclaim land within the district and may construct the necessary works, facilities, and improvements to accomplish this purpose.

Revised Law

Sec. 8805.105.  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. 439, Sec. 14(e).)

Source Law

(e)  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. 8805.106.  ACQUISITION OF PROPERTY.  The district may acquire land or other property necessary to carry out this chapter by:

(1)  gift;

(2)  grant;

(3)  devise;

(4)  lease;

(5)  purchase; or

(6)  condemnation.  (Acts 70th Leg., R.S., Ch. 439, Sec. 14(h).)

Source Law

(h)  The district may acquire by gift, grant, devise, lease, purchase, or condemnation any land or other property necessary to carry out this Act.

Revised Law

Sec. 8805.107.  SALE AND DISPOSAL OF PROPERTY.  Subject to this chapter and Chapter 36, Water Code, the district may sell or otherwise dispose of land and other property of the district that the board determines is not necessary to carry out the purposes or powers of the district. (Acts 70th Leg., R.S., Ch. 439, Sec. 14(i).)

Source Law

(i)  Subject to this Act and Chapter 36, Water Code, the district may sell or otherwise dispose of land and other property of the district that the board determines is not necessary to carry out the purposes or powers of the district.

Revised Law

Sec. 8805.108.  BORROWING MONEY.  The district may borrow money for any purpose authorized by this chapter.  (Acts 70th Leg., R.S., Ch. 439, Sec. 14(k).)

Source Law

(k)  The district may borrow money for any purpose authorized by this Act.

Revised Law

Sec. 8805.109.  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 any pending permit application for an injection well to be located in the district.  (Acts 70th Leg., R.S., Ch. 439, Sec. 14(j).)

Source Law

(j)  The district through the members of the 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.

Revisor's Note

(End of Subchapter)

(1)  Section 14(a), Chapter 439, 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 8805.101 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. 14.  (a)  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 14(f), Chapter 439, Acts of the 70th Legislature, Regular Session, 1987, provides that the district may construct or acquire and improve and maintain certain facilities and improvements.  The revised law omits the provision because it duplicates Section 49.211(b), Water Code, which applies to the district under Section 8805.101 of this chapter.  The omitted law reads:

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

(3)  Section 14(g), Chapter 439, Acts of the 70th Legislature, Regular Session, 1987, provides that the district may construct and acquire works, facilities, and improvements as provided by Chapter 36, Water Code.  The revised law omits the provision because it duplicates, in substance, Section 36.103, Water Code.  The omitted law reads:

(g)  The district may construct and acquire works, facilities, and improvements in the manner provided by Chapter 36, Water Code.

Revisor's Note

(End of Chapter)

(1)  Section 17, Chapter 439, Acts of the 70th Legislature, Regular Session, 1987, 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. 17.  The legislature finds that 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 laws of this state, including the Governor of Texas, who has submitted the notice and Act to the Texas Water Commission.  Also, the legislature finds that the Texas Water Commission has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives, within the required time.  All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act have been fulfilled and accomplished.

(2)  Sections 7 and 8, Chapter 1310, Acts of the 77th Legislature, Regular Session, 2001, validate 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. 7.  The following acts of the Lipan-Kickapoo Water Conservation District are validated and confirmed in all respects as if the actions had been taken as authorized by law:

(1)  all acts and governmental proceedings of the district taken before the effective date of this Act, including the adoption of rules, the approval or issuance of water well drilling permits, and annexations of land;

(2)  all bonds and other obligations of the district authorized or issued before the effective date of this Act, including all proceedings taken before the effective date of this Act that are related to those bonds or other obligations; and

(3)  all directors of the district whether elected or appointed who took office before the effective date of this Act.

Sec. 8.  Section 7 of this Act does not apply to any act, proceeding, director, bond, or obligation the validity of which or of whom is the subject of litigation that is pending on the effective date of this Act.