81C41(4) JRH

 

CHAPTER 8828.  CLEAR FORK GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 8828.001.  DEFINITIONS ...............................  2

Sec. 8828.002.  NATURE OF DISTRICT ........................  2

Sec. 8828.003.  FINDINGS OF PUBLIC USE AND BENEFIT ........  3

Sec. 8828.004.  DISTRICT TERRITORY ........................  3

Sec. 8828.005.  DISTRICT NAME CHANGE ......................  4

Sec. 8828.006.  CONFLICTS OF LAW ..........................  4

[Sections 8828.007-8828.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Sec. 8828.051.  COMPOSITION OF BOARD; TERMS ...............  6

Sec. 8828.052.  ELECTION OF DIRECTORS .....................  7

Sec. 8828.053.  ELECTION DATE .............................  8

Sec. 8828.054.  QUALIFICATIONS FOR OFFICE ................. 10

Sec. 8828.055.  BOARD VACANCY ............................. 10

[Sections 8828.056-8828.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 8828.101.  GROUNDWATER CONSERVATION DISTRICT

                  POWERS AND DUTIES ....................... 11

Sec. 8828.102.  NO EMINENT DOMAIN POWER ................... 12

[Sections 8828.103-8828.150 reserved for expansion]

SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS

Sec. 8828.151.  DISTRICT REVENUE .......................... 12

CHAPTER 8828.  CLEAR FORK GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Revised Law

Sec. 8828.001.  DEFINITIONS.  In this chapter:

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

(2)  "Director" means a board member.

(3)  "District" means the Clear Fork Groundwater Conservation District.  (Acts 77th Leg., R.S., Ch. 1474, Sec. 2; New.)

Source Law

Sec. 2.  In this Act, "district" means the Clear Fork Groundwater 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 definition.

Revised Law

Sec. 8828.002.  NATURE OF DISTRICT.  The district is a groundwater conservation district in Fisher County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.  (Acts 77th Leg., R.S., Ch. 1474, Secs. 1(a) (part), (b).)

Source Law

Sec. 1.  (a)  A groundwater conservation district, to be known as the Clear Fork Groundwater Conservation District, is created in Fisher 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 1474, Acts of the 77th Legislature, Regular Session, 2001, refers to a confirmation election.  Because the confirmation election has already been held, the revised law omits the provision as executed.  The omitted law reads:

(a)  … subject to approval at a confirmation election under Section 9 of this Act. …

(2)  Section 1(a), Chapter 1474, Acts of the 77th Legislature, Regular Session, 2001, provides that the district is a governmental agency and a body politic and corporate.  The revised law omits the provision because it duplicates a portion of Section 59(b), Article XVI, Texas Constitution, which provides that a conservation and reclamation district is a governmental agency and a body politic and corporate.  The omitted law reads:

(a)  … The district is a governmental agency and a body politic and corporate.

Revised Law

Sec. 8828.003.  FINDINGS OF PUBLIC USE AND BENEFIT.  (a)  The district is created to serve a public use and benefit.

(b)  All land and other property included in the district will benefit from the works and projects accomplished by the district under the powers conferred by Section 59, Article XVI, Texas Constitution.  (Acts 77th Leg., R.S., Ch. 1474, 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. 8828.004.  DISTRICT TERRITORY.  The district's boundaries are coextensive with the boundaries of Fisher County, Texas, unless the district's territory has been modified under:

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

(2)  other law.  (Acts 77th Leg., R.S., Ch. 1474, Sec. 3; New.)

Source Law

Sec. 3.  The boundaries of the district are coextensive with the boundaries of Fisher 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.

Revised Law

Sec. 8828.005.  DISTRICT NAME CHANGE.  The board may change the district's name when the district annexes territory.  (Acts 77th Leg., R.S., Ch. 1474, Sec. 13.)

Source Law

Sec. 13.  The board of directors may change the district's name when the district annexes territory.

Revised Law

Sec. 8828.006.  CONFLICTS OF LAW.  (a)  Except as otherwise provided by this chapter, if there is a conflict between this chapter and Chapter 36 or 49, Water Code, this chapter controls.

(b)  If there is a conflict between Chapters 36 and 49, Water Code, Chapter 36 controls.  (Acts 77th Leg., R.S., Ch. 1474, Sec. 12.)

Source Law

Sec. 12.  Except as otherwise provided by this Act, if there is a conflict between this Act and Chapter 36 or 49, Water Code, this Act controls.  If there is a conflict between Chapters 36 and 49, Water Code, Chapter 36 controls.

Revisor's Note

(End of Subchapter)

(1)  Section 5(a), Chapter 1474, Acts of the 77th Legislature, Regular Session, 2001, provides that the act prevails over general law in case of a conflict or other inconsistency.  The revised law omits the provision because it duplicates Section 311.026, Government Code (Code Construction Act).  The omitted law reads:

(a) …  This Act prevails over any provision of general law that is in conflict or inconsistent with this Act.

(2)  Section 9, Chapter 1474, Acts of the 77th Legislature, Regular Session, 2001, provides procedures for holding an election to confirm the establishment and taxing authority of the district and to elect the initial directors of the district.  Because the district and its taxing authority have been confirmed and its initial directors 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, to confirm the district's taxing authority, and to elect initial directors.  The initial confirmation election must be held:

(1)  before the second anniversary of the effective date of this Act; and

(2)  concurrently with another election held by a political subdivision.

(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 qualified to be a candidate under Section 8 of this Act may file for an initial director's position.

(c)  If the district is created at the election, the temporary board of directors, at the time the vote is canvassed, shall:

(1)  declare the qualified person who receives the most votes for each position to be elected as the initial director for that position; and

(2)  include the results of the initial directors' election in the district's election report to the Texas Natural Resource Conservation Commission.

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

(e)  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.

(f)  If the initial confirmation election fails to confirm the district, the temporary board of directors may hold additional confirmation elections as it deems necessary no less than one year apart and in accordance with other provisions of this section.

(g)  If the creation of the district is not confirmed at a confirmation election held under this section before the fourth anniversary of the effective date of this Act, this Act expires on that date.

[Sections 8828.007-8828.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Revised Law

Sec. 8828.051.  COMPOSITION OF BOARD; TERMS.  (a)  The district is governed by a board of five directors.

(b)  Directors serve staggered four-year terms.  (Acts 77th Leg., R.S., Ch. 1474, 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 1474, Acts of the 77th Legislature, Regular Session, 2001, refers to "permanent" directors to distinguish between the "temporary" directors, the "initial" 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 1474, Acts of the 77th Legislature, Regular Session, 2001, provides that a director must qualify to serve in the manner provided by Section 36.055, Water Code.  The revised law omits this provision because Section 36.055, Water Code, applies to the district under Section 8828.101 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 1474, Acts of the 77th Legislature, Regular Session, 2001, provides that a director serves until a successor has qualified.  The revised law omits the provision because it duplicates Section 17, Article XVI, Texas Constitution, which provides that an officer in this state continues to perform the officer's official duties until a successor has qualified.  The omitted law reads:

(f)  A director serves until the director's successor has qualified.

Revised Law

Sec. 8828.052.  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)  At the first election of the district after the county commissioners precincts are redrawn under Section 18, Article V, Texas Constitution, a new director is elected from each precinct.  The directors shall draw lots to determine which two directors shall serve two-year terms and which two directors shall serve four-year terms.  (Acts 77th Leg., R.S., Ch. 1474, 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 electors of the entire district, and one director shall be elected from each county commissioners precinct by the electors 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)  At the first election of the district after the county commissioners precincts are redrawn under Section 18, Article V, Texas Constitution, four new directors shall be elected to represent the precincts.  The directors elected shall draw lots to determine which two directors serve two-year terms and which two directors serve four-year terms.

Revisor's Note

Section 8(b), Chapter 1474, Acts of the 77th Legislature, Regular Session, 2001, refers to the "electors" of the entire district or of a county commissioners precinct in the district.  The revised law substitutes "voters" for "electors" because the former is the term used in the Election Code.

Revised Law

Sec. 8828.053.  ELECTION DATE.  The district shall hold an election in the district to elect directors on the uniform election date in May of each even-numbered year.  (Acts 77th Leg., R.S., Ch. 1474, Sec. 10(b).)

Source Law

(b)  On the first Saturday in May of each subsequent second year following the election, the appropriate number of directors shall be elected.

Revisor's Note

(1)  Section 10(a), Chapter 1474, Acts of the 77th Legislature, Regular Session, 2001, 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 those provisions as executed.  The omitted law reads:

Sec. 10.  (a)  On the first Saturday in May of the second 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 directors for Precincts 1 and 3 to serve two-year terms and directors for Precincts 2 and 4 and for the district at large to serve four-year terms.

(2)  Section 10(b), Chapter 1474, Acts of the 77th Legislature, Regular Session, 2001, required board elections on the "first Saturday in May of each subsequent second year following the election," meaning the first election of permanent directors (see Revisor's Note (1)).  From 1987 to 2003, Section 41.001, Election Code, provided for a uniform election date for all political subdivisions on the first Saturday in May.  Chapter 1315, Acts of the 78th Legislature, Regular Session, 2003, amended Section 41.001 to change the uniform election date in May to the third Saturday in May.  Chapter 1, Acts of the 78th Legislature, 3rd Called Session, 2003, amended Section 41.001 to change the uniform election date in May back to the first Saturday in May.  Chapter 471, Acts of the 79th Legislature, Regular Session, 2005, amended Section 41.001 to change the uniform election date in May to the second Saturday in May.  The revised law substitutes "uniform election date in May" for "first Saturday in May" to reflect those changes and to preserve the legislative intent that the election be held on the uniform election date in May.

The revised law also substitutes "each even-numbered year" for "each subsequent second year following the election" because the confirmation election was held November 5, 2002, and the first election of permanent directors was held on May 1, 2004, an even-numbered year. As a result, subsequent directors' elections will be held in even-numbered years.

Revised Law

Sec. 8828.054.  QUALIFICATIONS FOR OFFICE.  (a)  To be qualified 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 a candidate for or to serve as director from a county commissioners precinct, a person must be a registered voter of that precinct.  (Acts 77th Leg., R.S., Ch. 1474, Sec. 8(c).)

Source Law

(c)  To be qualified 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.

Revised Law

Sec. 8828.055.  BOARD VACANCY.  (a)  The board shall appoint a replacement to fill a vacancy in the office of any director.

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

(c)  If the position is not scheduled to be filled at the next election, the person elected to fill the position serves only for the remainder of the unexpired term.  (Acts 77th Leg., R.S., Ch. 1474, Sec. 6(g).)

Source Law

(g)  A vacancy in the office of director shall be filled by appointment of the board until the next election for directors. If the position is not scheduled to be filled at the next election, the person elected in that election to fill the position shall serve only for the remainder of the unexpired term.

Revisor's Note

(End of Subchapter)

(1)  Sections 6(b) and (c), Chapter 1474, Acts of the 77th Legislature, Regular Session, 2001, 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 1474, Acts of the 77th Legislature, Regular Session, 2001, names the temporary directors and provides 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. 7.  (a)  The temporary board of directors consists of:

(1)  Ted Posey;

(2)  Jimmy Counts;

(3)  Freddie Stuart;

(4)  Justin Hansard; and

(5)  Jeff Posey.

(b)  If a temporary director fails to qualify for office, the temporary directors who have qualified shall appoint a person to fill the vacancy.  If at any time there are fewer than three qualified temporary directors, the Texas Natural Resource Conservation Commission shall appoint the necessary number of persons to fill all vacancies on the board.

[Sections 8828.056-8828.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Revised Law

Sec. 8828.101.  GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES.  Except as provided by this chapter, the district has the rights, powers, privileges, functions, and duties provided by the general law of this state, including Chapter 36, Water Code, applicable to groundwater conservation districts created under Section 59, Article XVI, Texas Constitution.  (Acts 77th Leg., R.S., Ch. 1474, Sec. 5(a) (part).)

Source Law

Sec. 5.  (a)  Except as provided by 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(a), Chapter 1474, Acts of the 77th Legislature, Regular Session, 2001, refers to the "rights, powers, privileges, [and] authority" of the district.  The revised law omits the reference to "authority" because, in context, "authority" is included in the meaning of "rights, powers, [and] privileges."

Revised Law

Sec. 8828.102.  NO EMINENT DOMAIN POWER.  The district does not have the power of eminent domain.  (Acts 77th Leg., R.S., Ch. 1474, Sec. 5(b).)

Source Law

(b)  The district does not have the power of eminent domain.

[Sections 8828.103-8828.150 reserved for expansion]

SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS

Revised Law

Sec. 8828.151.  DISTRICT REVENUE.  To pay the district's maintenance and operating costs, the district may:

(1)  impose an ad valorem tax at a rate not to exceed five cents for each $100 of taxable value of property in the district;

(2)  assess general production fees;

(3)  solicit and accept grants from any public or private source; and

(4)  assess a transfer fee on water exported from the district.  (Acts 77th Leg., R.S., Ch. 1474, Sec. 11.)

Source Law

Sec. 11.  To pay for the maintenance and operating costs of the district, the district may:

(1)  impose an ad valorem tax at a rate not to exceed five cents for each $100 of taxable value of property in the district;

(2)  assess general production fees;

(3)  solicit and accept grants from any public or private source; and

(4)  assess a transfer fee on water exported from the district.

Revisor's Note

(End of Chapter)

Section 14, Chapter 1474, Acts of the 77th Legislature, Regular Session, 2001, recites legislative findings regarding procedural requirements for the creation of the district under the constitution and other laws and rules, including proper legal notice and the filing of recommendations.  The revised law omits those provisions as executed.  The omitted law reads:

Sec. 14.  (a)  The proper and legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished by the constitution and other laws of this state, including the governor, who has submitted the notice and Act to the Texas Natural Resource Conservation Commission.

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

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