81C44(3) TAD

 

CHAPTER 8809.  ANDERSON COUNTY UNDERGROUND WATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 8809.001.  DEFINITIONS ...............................  2

Sec. 8809.002.  NATURE OF DISTRICT ........................  2

Sec. 8809.003.  LEGISLATIVE FINDINGS ......................  3

Sec. 8809.004.  DISTRICT TERRITORY ........................  3

[Sections 8809.005-8809.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Sec. 8809.051.  COMPOSITION OF BOARD; TERMS ...............  5

Sec. 8809.052.  ELECTION DATE .............................  5

Sec. 8809.053.  QUALIFICATIONS FOR ELECTION ...............  7

Sec. 8809.054.  BOARD RESOLUTIONS; VOTING REQUIREMENTS ....  8

Sec. 8809.055.  NOTICE OF MEETINGS ........................  9

[Sections 8809.056-8809.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 8809.101.  GROUNDWATER CONSERVATION DISTRICT

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

Sec. 8809.102.  LIMITATIONS ON DISTRICT POWERS ............ 11

Sec. 8809.103.  REGULATION OF GROUNDWATER PUMPING AND

                  USE ..................................... 12

Sec. 8809.104.  PURCHASE OF WATER BY INJECTION WELL

                  PERMIT HOLDER ........................... 12

Sec. 8809.105.  DISPOSAL OF SALT DOME LEACHATE ............ 12

Sec. 8809.106.  WATER WELL FEES ........................... 13

Sec. 8809.107.  DISSOLUTION OF DISTRICT ................... 14

CHAPTER 8809.  ANDERSON COUNTY UNDERGROUND WATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Revised Law

Sec. 8809.001.  DEFINITIONS.  In this chapter:

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

(2)  "Director" means a board member.

(3)  "District" means the Anderson County Underground Water Conservation District.  (Acts 70th Leg., R.S., Ch. 992, Sec. 1; New.)

Source Law

Sec. 1.  In this Act:

(1)  "District" means the Anderson County Underground 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. 8809.002.  NATURE OF DISTRICT.  The district is created under Section 59, Article XVI, Texas Constitution.  (Acts 70th Leg., R.S., Ch. 992, Sec. 2 (part).)

Source Law

Sec. 2.  …  the Anderson County Underground Water Conservation District is created under the authority of Article XVI, Section 59, of the Texas Constitution.

Revisor's Note

Section 2, Chapter 992, Acts of the 70th Legislature, Regular Session, 1987, refers to an election to approve the creation of the district.  Because the election has already been held, the revised law omits the provision as executed.  The omitted law reads:

Sec. 2.  Subject to approval at an election required by Section 11 of this Act, … .

Revised Law

Sec. 8809.003.  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. 992, 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. 8809.004.  DISTRICT TERRITORY.  The district is composed of the territory described by Section 4, Chapter 992, 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.

Revisor's Note

(End of Subchapter)

Section 11, Chapter 992, 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. 11.  (a)  Not later than the 60th 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)  Subsection (a), Section 41.001, Election Code, does not apply to an election called under this section.

(c)  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.

(d)  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.

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

(f)  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.

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

[Sections 8809.005-8809.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Revised Law

Sec. 8809.051.  COMPOSITION OF BOARD; TERMS.  (a)  The board is composed of nine directors.

(b)  Directors serve staggered four-year terms.  (Acts 70th Leg., R.S., Ch. 992, Secs. 8, 10(a), (b) (part).)

Source Law

Sec. 8.  The board of the district is composed of nine members.

Sec. 10.  (a)  Except for the initial directors of the district, directors shall serve four-year terms of office.

(b)  …  After the second regular directors' election, four directors shall be elected at one election and five at the next election in continuing sequence.

Revisor's Note

Section 10(a), Chapter 992, 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. 8809.052.  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. 992, Sec. 9.)

Source Law

Sec. 9.  Beginning in the second year following the creation election, an election shall be held on the third Saturday in May every two years to elect the appropriate number of directors to the board.

Revisor's Note

Section 9, Chapter 992, Acts of the 70th Legislature, Regular Session, 1987, which took effect June 19, 1987, requires directors' elections to be held on the "third Saturday in May."  At the time that act took effect, Section 41.001, Election Code, provided for a uniform election date for all political subdivisions of the first Saturday in April.  Chapter 14, Acts of the 69th Legislature, 3rd Called Session, 1986, which took effect September 1, 1987, amended Section 41.001 by substituting for the uniform election date in April a uniform election date of the third Saturday in May.  Chapter 60, Acts of the 70th Legislature, 2nd Called Session, 1987, amended Section 41.001 to change the uniform election date in May to the first Saturday in May.  Section 4(b), Chapter 60, provides that a political subdivision created by an act of the 70th Legislature, 1987, with a general election date of the third Saturday in May shall hold the general election on the first Saturday in May, the uniform election date.  Accordingly, the district was required to hold elections on what was then the uniform election date in May.  Chapter 1315, Acts of the 78th Legislature, Regular Session, 2003, amended Section 41.001 to change the uniform election date in May back 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 "third 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.

Revised Law

Sec. 8809.053.  QUALIFICATIONS FOR ELECTION.  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.  (Acts 70th Leg., R.S., Ch. 992, Sec. 7.)

Source Law

Sec. 7.    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

(3)  not otherwise disqualified by Section 50.026, Water Code.

Revisor's Note

Section 7, Chapter 992, Acts of the 70th Legislature, Regular Session, 1987, provides that to be qualified for election as a director a person must be not otherwise disqualified by Section 50.026, Water Code.  Chapter 715, Acts of the 74th Legislature, Regular Session, 1995, repealed Chapter 50, Water Code, and enacted Chapter 49, Water Code.  Section 49.052, Water Code, is substantively similar to former Section 50.026, Water Code.  However, the revised law does not substitute a reference to Section 49.052, Water Code, because Chapter 49, Water Code, does not apply to the district.

Section 36.052, Water Code, which applies to the district (see Revisor's Note (1) to Section 8809.101), provides that other laws governing the administration or operation of districts created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, do not apply to any district governed by Chapter 36.  Furthermore, Section 49.001(a)(1), Water Code, provides that, as used in Chapter 49, "district" does not include any conservation and reclamation district governed by Chapter 36 unless a special law creating the district or amending the law creating the district states that Chapter 49 applies to that district, and Section 49.002(b), Water Code, provides that Chapter 49 does not apply to a district governed by Chapter 36 unless a special law creating the district or amending the law creating the district states that Chapter 49 applies to that district.

Because the district is governed by Chapter 36, Water Code, and the special law creating the district does not state that Chapter 49, Water Code, applies to the district, Chapter 49, Water Code, does not apply to the district.  Accordingly, the revised law does not substitute a reference to Section 49.052, Water Code, for the reference to Section 50.026, Water Code.

Revised Law

Sec. 8809.054.  BOARD RESOLUTIONS; VOTING REQUIREMENTS.  (a)  The district shall act by resolutions adopted by the board.

(b)  All directors are entitled to vote.

(c)  The affirmative vote of a majority of the board is necessary to adopt a resolution.  (Acts 70th Leg., R.S., Ch. 992, Secs. 13(a) (part), (b).)

Source Law

Sec. 13.  (a)  …  all regular directors have a vote.

(b)  The district shall act and proceed by resolution adopted by the board, and an affirmative vote of a majority of the board is necessary to adopt any resolution.

Revisor's Note

(1)  Section 13(a), Chapter 992, Acts of the 70th Legislature, Regular Session, 1987, provides that a majority of the directors constitutes a quorum.  The revised law omits that provision because it duplicates, in substance, Section 36.053, Water Code, which applies to the district under Section 8809.101 of this chapter and Section 36.001(1), Water Code.  The omitted law reads:

Sec. 13.  (a) A majority of the members of the board constitutes a quorum, and … .

(2)  Section 13(a), Chapter 992, Acts of the 70th Legislature, Regular Session, 1987, refers to "regular" directors.  The revised law omits "regular" because the term does not add to the clear meaning of the law.

Revised Law

Sec. 8809.055.  NOTICE OF MEETINGS.  The board must publish notice in a newspaper of general circulation in the district not later than the fifth day before the date the board is scheduled to meet.  (Acts 70th Leg., R.S., Ch. 992, Sec. 14.)

Source Law

Sec. 14.  The board must publish notice in a newspaper of general circulation in the district not later than the fifth day before the date the board is scheduled to meet.

Revisor's Note

(End of Subchapter)

(1)  Section 6, Chapter 992, Acts of the 70th Legislature, Regular Session, 1987, names the temporary directors, provides for filling vacancies on the temporary board, requires the temporary directors to select officers, and requires the temporary directors to serve until their successors are elected and have qualified.  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)  Oren Williams

(2)  Joe Grumbles, Sr.

(3)  Dickie Douglas

(4)  Bill Green

(5)  Wayne Barrett

(6)  Robert Humphrey

(7)  Hugh Dublin, Jr.

(8)  Roland Higginbotham, Sr.

(9)  Delia Ricard

(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 10(b), Chapter 992, Acts of the 70th Legislature, Regular Session, 1987, provides for the terms of office of the initial directors.  The revised law omits those provisions as executed because the terms of the initial directors have expired.  The omitted law reads:

(b)  The five initial directors receiving the highest number of votes at the confirmation election shall serve as directors until the five persons elected at the second regular directors' election have qualified, and the other four initial directors shall serve until the four persons elected at the first regular directors' election have qualified. …

[Sections 8809.056-8809.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Revised Law

Sec. 8809.101.  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 is governed by and subject to Chapter 36, Water Code, and has the powers and duties provided by Chapter 36, Water Code.  (Acts 70th Leg., R.S., Ch. 992, Sec. 5 (part).)

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 52, Water Code, and has all the powers, duties, authorities, and responsibilities provided by Chapter 52, Water Code, … .

Revisor's Note

(1)  Section 5, Chapter 992, Acts of the 70th Legislature, Regular Session, 1987, refers to "Chapter 52, Water Code."  Chapter 933, Acts of the 74th Legislature, Regular Session, 1995, repealed Chapter 52, Water Code, and enacted Chapter 36, Water Code.  The revised law is drafted accordingly.

(2)  Section 5, Chapter 992, Acts of the 70th Legislature, Regular Session, 1987, refers to the "powers, duties, authorities, and responsibilities" of the district.  The revised law omits "authorities" because, in context, "authorities" is included in the meaning of "powers" and omits "responsibilities" because, in context, "responsibilities" is included in the meaning of "duties."

Revised Law

Sec. 8809.102.  LIMITATIONS ON DISTRICT POWERS.  The district does not have the power to issue bonds and impose taxes under Subchapters F and G, Chapter 36, Water Code.  (Acts 70th Leg., R.S., Ch. 992, Sec. 5 (part).)

Source Law

Sec. 5.  … [the district  … has all the powers, duties, authorities, and responsibilities provided by Chapter 52, Water Code,] except the authority to issue bonds and levy taxes under Subchapters G and H, Chapter 52, Water Code.

Revisor's Note

(1)  Section 5, Chapter 992, Acts of the 70th Legislature, Regular Session, 1987, refers to the authority to issue bonds and levy taxes under "Subchapters G and H, Chapter 52, Water Code."  Chapter 933, Acts of the 74th Legislature, Regular Session, 1995, repealed Chapter 52, Water Code, and enacted Chapter 36, Water Code.  Subchapters F and G, Chapter 36, Water Code, govern the issuance of bonds and the levying of taxes by districts subject to that chapter.  The revised law is drafted accordingly.

(2)  Section 5, Chapter 992, Acts of the 70th Legislature, Regular Session, 1987, refers to the "authority to issue bonds and levy taxes."  The revised law substitutes "power" for "authority" for consistency and substitutes "impose" for "levy" because "impose" is the term generally used in Title 1, Tax Code, and includes the levy of a tax.

Revised Law

Sec. 8809.103.  REGULATION OF GROUNDWATER PUMPING AND USE.  The district may:

(1)  prohibit the pumping or use of groundwater if the district determines that the pumping would present an unreasonable risk of pollution; or

(2)  limit the pumping of groundwater to uses determined by the board to benefit the district.  (Acts 70th Leg., R.S., Ch. 992, Secs. 12(a), (b).)

Source Law

Sec. 12.  (a)  The district may prohibit the pumping or use of groundwater if the district determines that the pumping would present an unreasonable risk of pollution.

(b)  The district may limit the pumping of groundwater to uses determined by the board to benefit the district.

Revised Law

Sec. 8809.104.  PURCHASE OF WATER BY INJECTION WELL PERMIT HOLDER.  The district may require persons holding a permit for an injection well to purchase water from the district.  (Acts 70th Leg., R.S., Ch. 992, Sec. 12(c).)

Source Law

(c)  The district may require persons holding a permit for an injection well to purchase water from the district.

Revised Law

Sec. 8809.105.  DISPOSAL OF SALT DOME LEACHATE.  The district may:

(1)  adopt rules for the disposal of salt dome leachate in the district; or

(2)  require the disposal of salt dome leachate outside the district.  (Acts 70th Leg., R.S., Ch. 992, Sec. 12(d).)

Source Law

(d)  The district may adopt regulations for the disposal of salt dome leachate in the district or may require disposal of salt dome leachate outside the district.

Revisor's Note

Section 12(d), Chapter 992, Acts of the 70th Legislature, Regular Session, 1987, refers to "regulations" adopted by the district.  The revised law substitutes "rules" for "regulations" because, in context, the terms are synonymous and under Section 311.005(5), Government Code, a rule is defined to include a regulation.

Revised Law

Sec. 8809.106.  WATER WELL FEES.  (a)  The district shall impose a fee on each water well at the time a permit is first issued and may impose an annual fee on each well.

(b)  The amount of a well fee must be set according to:

(1)  the size of the column pipe used in the well;

(2)  the production capacity of the well; or

(3)  the amount of water produced.

(c)  The board shall adopt rules relating to the rates for the fees.

(d)  The board may:

(1)  adopt rules classifying the types of uses made of groundwater in the district; and

(2)  use the classifications to determine, in part, the amount of fees to be imposed under this section.

(e)  The district may use money collected from fees to manage and operate the district.  (Acts 70th Leg., R.S., Ch. 992, Sec. 15.)

Source Law

Sec. 15.  (a)  The district shall impose a fee on each water well at the time a permit is first issued and the district may impose an annual fee on each well.

(b)  The amount of a well fee imposed by the district must be set according to:

(1)  the size of the column pipe used in the water well;

(2)  the production capacity of the well; or

(3)  the amount of water produced.

(c)  The board shall adopt rules relating to the rates for the fee.

(d)  The district may adopt rules classifying the types of uses made of groundwater in the district and may use the classifications to determine, in part, the amount of fees to be imposed under this section.

(e)  The money collected from fees may be used by the district to manage and operate the district.

Revised Law

Sec. 8809.107.  DISSOLUTION OF DISTRICT.  The district may be dissolved as provided by Subchapter P, Chapter 51, Water Code.  (Acts 70th Leg., R.S., Ch. 992, Sec. 16.)

Source Law

Sec. 16.  The district may be dissolved as provided by Subchapter P, Chapter 51, Water Code.

Revisor's Note

(End of Chapter)

Section 17, Chapter 992, 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.