81C42(4) HLT

 

CHAPTER 8831.  COASTAL PLAINS GROUNDWATER

CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 8831.001.  DEFINITIONS ...............................  2

Sec. 8831.002.  NATURE OF DISTRICT ........................  2

Sec. 8831.003.  FINDINGS OF PUBLIC USE AND BENEFIT ........  3

Sec. 8831.004.  DISTRICT TERRITORY ........................  3

[Sections 8831.005-8831.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Sec. 8831.051.  COMPOSITION OF BOARD; TERMS ...............  6

Sec. 8831.052.  ELECTION OF DIRECTORS .....................  7

Sec. 8831.053.  ELECTION DATE .............................  8

Sec. 8831.054.  ELIGIBILITY ............................... 10

Sec. 8831.055.  BOARD VACANCY ............................. 10

[Sections 8831.056-8831.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 8831.101.  GROUNDWATER CONSERVATION DISTRICT

                  POWERS AND DUTIES ....................... 12

Sec. 8831.102.  REGIONAL COOPERATION ...................... 12

[Sections 8831.103-8831.150 reserved for expansion]

SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS

Sec. 8831.151.  DISTRICT REVENUE .......................... 13

CHAPTER 8831.  COASTAL PLAINS GROUNDWATER

CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Revised Law

Sec. 8831.001.  DEFINITIONS.  In this chapter:

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

(2)  "Director" means a board member.

(3)  "District" means the Coastal Plains Groundwater Conservation District.  (Acts 77th Leg., R.S., Ch. 1358, Sec. 2; New.)

Source Law

Sec. 2.  In this Act, "district" means the Coastal Plains 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 definitions.

Revised Law

Sec. 8831.002.  NATURE OF DISTRICT.  The district is a groundwater conservation district in Matagorda County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.  (Acts 77th Leg., R.S., Ch. 1358, Secs. 1(a) (part), (b).)

Source Law

Sec. 1.  (a)  A groundwater conservation district, to be known as the Coastal Plains Groundwater Conservation District, is created in Matagorda 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 1358, Acts of the 77th Legislature, Regular Session, 2001, refers to a confirmation election.  Because the confirmation election has already been held, the revised law omits the provision as executed.  The omitted law reads:

(a)  … subject to approval at a confirmation election under Section 10 of this Act. …

(2)  Section 1(a), Chapter 1358, 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. 8831.003.  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. 1358, Sec. 4.)

Source Law

Sec. 4.  All of the land and other property included within the boundaries of the district will be benefitted 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. 8831.004.  DISTRICT TERRITORY.  The district's boundaries are coextensive with the boundaries of Matagorda 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. 1358, Sec. 3; New.)

Source Law

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

Revisor's Note

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

Revisor's Note

(End of Subchapter)

(1)  Section 5(a), Chapter 1358, Acts of the 77th Legislature, Regular Session, 2001, provides that the act prevails over general law in case of a conflict or other inconsistency. The revised law omits the provision because it duplicates Section 311.026, Government Code (Code Construction Act).  The omitted law reads:

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

(2)  Section 5(b), Chapter 1358, Acts of the 77th Legislature, Regular Session, 2001, provides that certain provisions of the Water Code prevail over a conflicting or inconsistent provision of the act.  Chapter 36, Water Code, applies to the district under Section 8831.101 of this chapter and Section 36.001(1), Water Code.  The revised law omits Section 5(b) because it substantially duplicates Section 36.052, Water Code, which provides that the same provisions of the Water Code provided for under Section 5(b), in addition to Section 36.107, Water Code, prevail over a conflicting or inconsistent provision of a special law that governs a specific district.  Although Section 5(b) does not reference Section 36.107, Water Code, that section of Chapter 36 is not in conflict, or inconsistent, with any provision of this chapter.  The omitted law reads:

(b)  Notwithstanding Subsection (a) of this section, the following provisions prevail over a conflicting or inconsistent provision of this Act:

(1)  Sections 36.1071-36.108, Water Code;

(2)  Sections 36.159-36.161, Water Code; and

(3)  Subchapter I, Chapter 36, Water Code.

(3)  Section 10, Chapter 1358, Acts of the 77th Legislature, Regular Session, 2001, 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. 10.  (a)  The temporary board of directors shall call and hold an election to confirm establishment of the district and to elect initial directors.

(b)  At the confirmation and initial directors' election, the temporary board of directors shall have placed on the ballot the name of any candidate filing for an initial director's position and blank spaces to write in the names of other persons.  A temporary director who is eligible to be a candidate under Section 9 may file for an initial director's position.

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

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

(e)  If a majority of the votes cast at the election are against the creation of the district, the temporary directors may call and hold subsequent elections to confirm establishment of the district.  A subsequent election may not be held earlier than the first anniversary of the date on which the previous election was held.

(f)  The initial directors for positions 1, 3, 5, and 7 shall serve until the first regular meeting of the board of directors following the first permanent directors' election under Section 11 of this Act.  The initial directors for positions 2, 4, and 6 shall serve until the first regular meeting of the board of directors following the second permanent directors' election under Section 11 of this Act.

[Sections 8831.005-8831.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Revised Law

Sec. 8831.051.  COMPOSITION OF BOARD; TERMS.  (a)  The district is governed by a board of seven directors.

(b)  Directors serve staggered four-year terms.  (Acts 77th Leg., R.S., Ch. 1358, Secs. 7(a), (d).)

Source Law

Sec. 7.  (a)  The district is governed by a board of seven directors.

(d)  Permanent directors serve staggered four-year terms.

Revisor's Note

(1)  Section 7(d), Chapter 1358, Acts of the 77th Legislature, Regular Session, 2001, refers to "[p]ermanent" directors.  Sections 7, 8, and 10 of Chapter 1358 refer to "temporary," "initial," and "permanent" directors to distinguish between the "temporary" directors, the directors who immediately succeeded the "temporary" directors after the first election of directors, and subsequently serving directors.  Because the revised law omits provisions regarding "temporary" and "initial" directors as executed (see the revisor's notes at the end of this subchapter), the revised law also omits "permanent" because it does not contribute to the clear meaning of the law.

(2)  Section 7(e), Chapter 1358, Acts of the 77th Legislature, Regular Session, 2001, provides that a director must qualify to serve in the manner provided by Section 36.055, Water Code.  The revised law omits the provision because Section 36.055, Water Code, applies to the district under Section 8831.101 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 7(f), Chapter 1358, 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. 8831.052.  ELECTION OF DIRECTORS.  (a)  Three directors are elected by the voters of the entire district.  One director is elected from each county commissioners precinct by the voters of that precinct.  The directors elected from precincts 1-4 occupy positions 1-4, respectively, on the board.  The at-large directors occupy positions 5-7, respectively, on the board.

(b)  A person shall indicate on the application for a place on the ballot the position on the board for which the person is a candidate.

(c)  At the first election after the county commissioners precincts are redrawn under Section 18, Article V, Texas Constitution, each director in office on the effective date of the change, or elected to a term of office beginning on or after the effective date of the change, shall serve, unless otherwise removed as provided by law, in the position to which each was elected for the entire term to which elected, even though the change in boundaries places the director's residence outside the precinct from which the director was elected.  (Acts 77th Leg., R.S., Ch. 1358, Secs. 9(a), (c), (d).)

Source Law

Sec. 9.  (a)  Three directors shall be elected by the qualified voters of the entire district, and one director shall be elected from each county commissioners precinct by the qualified voters of that precinct.  The directors elected from precincts 1-4 occupy positions 1-4, respectively, on the board.  The at-large directors occupy positions 5-7, respectively, on the board.

(c)  A person shall indicate the position on the board for which the person is a candidate on the application for a place on the ballot.

(d)  At the first election after the county commissioners precincts are redrawn under Section 18, Article V, Texas Constitution, each director in office on the effective date of the change, or elected to a term of office beginning on or after the effective date of the change, shall serve, unless otherwise removed as provided by law, in the position to which each was elected for the entire term to which elected, even though the change in boundaries places the director's residence outside the precinct from which the director was elected.

Revisor's Note

Section 9(a), Chapter 1358, Acts of the 77th Legislature, Regular Session, 2001, refers to an election by the "qualified" voters of the district and of each precinct.  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.

Revised Law

Sec. 8831.053.  ELECTION DATE.  Each even-numbered year, the board shall hold an election in the district on a uniform election date provided by Section 41.001(a), Election Code, to elect the appropriate number of directors.  If the board changes the election date, the district shall adjust the terms of office to conform to the new election date.  (Acts 77th Leg., R.S., Ch. 1358, Sec. 11.)

Source Law

Sec. 11.  Beginning in the second year after the year in which the district is authorized to be created at a confirmation election and every subsequent two years, the board of directors of the district shall call an election to be held in the district on any uniform election date provided by Section 41.001(a), Election Code, to elect the appropriate number of directors to the board.  If the board changes the uniform election date for directors' elections, the district shall adjust the terms of office to conform to the new election date.

Revisor's Note

(1)  Section 11, Chapter 1358, Acts of the 77th Legislature, Regular Session, 2001, requires the board to hold a directors' election "[b]eginning in the second year after the year in which the district is authorized to be created at a confirmation election and every subsequent two years."  The revised law substitutes "[e]ach even-numbered year" for the quoted language because the district was confirmed in 2001 and the first permanent directors were elected in 2002, an even-numbered year.  As a result, subsequent directors' elections will be held in even-numbered years.

(2)  Section 11, Chapter 1358, Acts of the 77th Legislature, Regular Session, 2001, requires the board to "call" directors' elections "to be held" in the district.  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. 8831.054.  ELIGIBILITY.  (a)  To be eligible to be a candidate for or to serve as a director at large, a person must be a registered voter of the district.

(b)  To be eligible to be a candidate for or to serve as a director from a county commissioners precinct, a person must be a registered voter of that precinct, except as provided by Section 8831.052(c).  (Acts 77th Leg., R.S., Ch. 1358, Sec. 9(b).)

Source Law

(b)  To be eligible to be a candidate for or to serve as a director at large, a person must be a registered voter in the district.  To be eligible to be a candidate for or to serve as a director from a county commissioners precinct, a person must be a registered voter of that precinct.

Revisor's Note

Section 9(b), Chapter 1358, Acts of the 77th Legislature, Regular Session, 2001, provides that to be eligible to serve as a director from a county commissioners precinct, a person must be a registered voter of that precinct.  For the convenience of the reader, the revised law adds a cross-reference to Section 8831.052(c) of this chapter because that section provides for an exception to the eligibility requirement when the county commissioners precincts are redrawn.

Revised Law

Sec. 8831.055.  BOARD VACANCY.  (a)  The board shall appoint a replacement to fill a vacancy in the office of director.

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

(c)  At that election, a person is elected to fill the position.  If the position is not scheduled to be filled at the election, the person elected to fill the position serves only for the remainder of the unexpired term.  (Acts 77th Leg., R.S., Ch. 1358, Sec. 7(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.  At the next election for directors, a person shall be elected to fill the position.  If the position is not scheduled to be filled at the election, the person elected to fill the position shall serve only for the remainder of the unexpired term.

Revisor's Note

(End of Subchapter)

(1)  Sections 7(b) and (c), Chapter 1358, Acts of the 77th Legislature, Regular Session, 2001, refer to "temporary" and "initial" directors of the district and to elections under Sections 10 and 11 of that chapter.  The revised law omits Sections 7(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 10 of this Act.

(c)  Initial directors serve until permanent directors are elected under Section 11 of this Act.

(2)  Section 8, Chapter 1358, 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. 8.  (a)  The temporary board of directors is composed of:

Position No:      Name

(1)           Haskell Simon;

(2)           Herff Cornelius;

(3)           Bruce Herlin;

(4)           Wayne Ackerman;

(5)           George Harrison;

(6)           Billy Mann; and

(7)           Deedy Huffman

(b)  If a temporary director fails to qualify for office, the temporary directors who have qualified shall appoint a person to fill the vacancy.

[Sections 8831.056-8831.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Revised Law

Sec. 8831.101.  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. 1358, Sec. 5(a) (part).)

Source Law

Sec. 5.  (a)  Except as otherwise 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, Chapter 1358, 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. 8831.102.  REGIONAL COOPERATION.  To provide for uniformity across districts in addressing the need to achieve a common approach to managing the underlying aquifer and to ensure that administration of the district will be cost-effective, the district shall:

(1)  attempt to coordinate meetings with adjacent districts;

(2)  encourage sharing of personnel and resources to achieve administrative cost savings;

(3)  study a common approach for collecting and sharing appropriate data to be used in managing the aquifer;

(4)  support cooperation in the investigation of aquifer contamination; and

(5)  include adjacent districts on mailing lists for district meeting announcements, newsletters, public meetings, and other scheduled events.  (Acts 77th Leg., R.S., Ch. 1358, Sec. 6.)

Source Law

Sec. 6.  To provide for uniformity across districts in addressing the need to achieve a common approach to managing the underlying aquifer and to ensure that administration of the district will be cost effective, the district shall:

(1)  attempt to coordinate meetings with adjacent districts;

(2)  encourage sharing of personnel and resources to achieve administrative cost savings;

(3)  study a common approach for collecting and sharing appropriate data to be used in managing the aquifer;

(4)  support cooperation in the investigation of aquifer contamination; and

(5)  include adjacent districts on mailing lists for district meeting announcements, newsletters, public meetings, and other scheduled events.

[Sections 8831.103-8831.150 reserved for expansion]

SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS

Revised Law

Sec. 8831.151.  DISTRICT REVENUE.  To pay the district's maintenance and operating costs and to pay any bonds issued by the district, the district may:

(1)  impose an ad valorem tax at a rate not to exceed 2.5 cents for each $100 of taxable value of property in the district, subject to voter approval;

(2)  assess fees for services or for water withdrawn from wells; or

(3)  solicit and accept grants from any public or private source.  (Acts 77th Leg., R.S., Ch. 1358, Sec. 12.)

Source Law

Sec. 12.    To pay the maintenance and operating costs of the district and to pay any bonds issued by the district, the district may:

(1)  impose an ad valorem tax at a rate not to exceed 2-1/2 cents for each $100 of taxable value of property in the district, subject to voter approval;

(2)  assess fees for services or for water withdrawn from wells; or

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

Revisor's Note

(End of Chapter)

Section 13, Chapter 1358, 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. 13.  (a)  The proper and legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished by the constitution and other laws of this state, including the governor, who has submitted the notice and Act to the Texas 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.