81C50(4) PAM

 

CHAPTER 8827.  BREWSTER COUNTY GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 8827.001.  DEFINITIONS ...............................  1

Sec. 8827.002.  NATURE OF DISTRICT ........................  2

Sec. 8827.003.  FINDINGS OF PUBLIC USE AND BENEFIT ........  3

Sec. 8827.004.  DISTRICT TERRITORY ........................  3

Sec. 8827.005.  DISTRICT NAME CHANGE ......................  4

[Sections 8827.006-8827.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Sec. 8827.051.  COMPOSITION OF BOARD; TERMS ...............  6

Sec. 8827.052.  APPOINTMENT OF DIRECTORS ..................  8

Sec. 8827.053.  BOARD VACANCY .............................  8

Sec. 8827.054.  COMPENSATION; EXPENSES ....................  8

[Sections 8827.055-8827.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 8827.101.  GROUNDWATER CONSERVATION DISTRICT

                  POWERS AND DUTIES .......................  9

Sec. 8827.102.  LIMITATIONS ON DISTRICT POWERS RELATING

                  TO REAL PROPERTY ........................ 10

Sec. 8827.103.  GROUNDWATER TRANSFER RESTRICTIONS AND

                  FEES .................................... 10

CHAPTER 8827.  BREWSTER COUNTY GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Revised Law

Sec. 8827.001.  DEFINITIONS.  In this chapter:

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

(2)  "Commissioners court" means the Brewster County Commissioners Court.

(3)  "Director" means a board member.

(4)  "District" means the Brewster County Groundwater Conservation District.  (Acts 77th Leg., R.S., Ch. 1291, Sec. 2; New.)

Source Law

Sec. 2.  In this Act, "district" means the Brewster County Groundwater Conservation District.

Revisor's Note

The definitions of "board," "commissioners court," 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. 8827.002.  NATURE OF DISTRICT.  The district is a groundwater conservation district in Brewster County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.  (Acts 77th Leg., R.S., Ch. 1291, Secs. 1(a) (part), (b).)

Source Law

Sec. 1.  (a)  A groundwater conservation district, to be known as the Brewster County Groundwater Conservation District, is created in Brewster 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 1291, 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 1291, 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. 8827.003.  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. 1291, 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. 8827.004.  DISTRICT TERRITORY.  The district's boundaries are coextensive with the boundaries of Brewster County 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. 1291, Sec. 3; New.)

Source Law

Sec. 3.  The boundaries of the district are coextensive with the boundaries of Brewster County.

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. 8827.005.  DISTRICT NAME CHANGE.  The board by resolution may change the name of the district if the district annexes territory.  (Acts 77th Leg., R.S., Ch. 1291, Sec. 10.)

Source Law

Sec. 10.  The board of directors by resolution may change the name of the district if the district annexes territory.

Revisor's Note

(End of Subchapter)

(1)  Section 5(a), Chapter 1291, 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 1291, 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 8827.101 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), 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 9, Chapter 1291, Acts of the 77th Legislature, Regular Session, 2001, provides procedures for holding an election to confirm the establishment of the district.  Because the district has been confirmed, the revised law omits those provisions as executed.  The omitted law reads:

Sec. 9.  (a)  The initial board of directors shall call and hold an election to confirm establishment of the district.

(b)  Section 41.001(a), Election Code, does not apply to a confirmation election held as provided by this section.

(c)  If a majority of the votes cast at the election favor the establishment of the district, the temporary directors shall declare the district created.  If a majority of the votes cast at the election are against the establishment of the district, the temporary directors shall declare the district defeated.  The temporary directors shall file a copy of the election results with the Texas Natural Resource Conservation Commission.

(d)  If a majority of the votes cast at the election are against the establishment of the district, the temporary directors may call and hold a subsequent election 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. If the establishment of the district is not confirmed at an election held under this section on or before the second anniversary of the effective date of this Act, this Act expires.

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

[Sections 8827.006-8827.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Revised Law

Sec. 8827.051.  COMPOSITION OF BOARD; TERMS.  (a)  The district is governed by a board of seven directors appointed by the commissioners court.

(b)  The board is composed of:

(1)  three directors who represent the municipalities or population centers of Alpine, Lajitas, Marathon, Study Butte, and Terlingua;

(2)  three directors who represent the rural part of Brewster County, exclusive of the municipalities or population centers of Alpine, Lajitas, Marathon, Study Butte, and Terlingua; and

(3)  one director who represents Brewster County at large.

(c)  A director described by Subsection (b)(1) must reside in or in the immediate area of a municipality or population center listed in that subsection.

(d)  At least one director must reside in each county commissioners precinct.

(e)  Directors serve staggered three-year terms. (Acts 77th Leg., R.S., Ch. 1291, Secs. 7(a), (b), (c), (d), (f).)

Source Law

Sec. 7.  (a)  The district is governed by a board of seven directors appointed by the Brewster County Commissioners Court.

(b)  The board is composed of:

(1)  three members who represent the cities, towns, or population centers of Alpine, Lajitas, Marathon, Study Butte, and Terlingua;

(2)  three members who represent the rural part of Brewster County, exclusive of the cities, towns, or population centers of Alpine, Lajitas, Marathon, Study Butte, and Terlingua; and

(3)  one member who represents Brewster County at large.

(c)  A member described by Subsection (b)(1) must reside in or in the immediate area of a city, town, or population center listed in that subsection.

(d)  At least one member of the board must reside in each county commissioners precinct.

(f)  Directors other than initial directors serve staggered three-year terms.

Revisor's Note

(1)  Sections 7(b) and (c), Chapter 1291, Acts of the 77th Legislature, Regular Session, 2001, refer to a "city" or "town."  The revised law substitutes "municipality" for the referenced terms because the meaning of "municipality" includes both a city and town and because that is the term used in the Local Government Code.

(2)  Section 7(e), Chapter 1291, 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 8827.101 of this chapter and Section 36.001, 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 1291, Acts of the 77th Legislature, Regular Session, 2001, refers to "initial" directors of the district.  The revised law omits the reference to the initial directors as executed because the terms of the initial directors have expired.

(4)  Section 7(g), Chapter 1291, 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:

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

Revised Law

Sec. 8827.052.  APPOINTMENT OF DIRECTORS.  The commissioners court shall appoint a director to succeed a director on or before the date the director's term expires.  (Acts 77th Leg., R.S., Ch. 1291, Sec. 7(i).)

Source Law

(i)  The commissioners court shall appoint a director to succeed a director on or before the date the director's term expires.

Revised Law

Sec. 8827.053.  BOARD VACANCY.  If there is a vacancy on the board, the commissioners court shall appoint a director to serve the remainder of the term.  (Acts 77th Leg., R.S., Ch. 1291, Sec. 7(h).)

Source Law

(h)  If there is a vacancy on the board, the commissioners court shall appoint a director to serve the remainder of the term.

Revised Law

Sec. 8827.054.  COMPENSATION; EXPENSES.  A director may not receive a salary or other compensation for service as a director but may be reimbursed for actual expenses of attending meetings at the rate in effect for employees of Brewster County.  (Acts 77th Leg., R.S., Ch. 1291, Sec. 7(j).)

Source Law

(j)  A director may not receive a salary or other compensation for service as a director but may be reimbursed for actual expenses of attending meetings at the rate in effect for employees of Brewster County.

Revisor's Note

(End of Subchapter)

Section 8, Chapter 1291, Acts of the 77th Legislature, Regular Session, 2001, provides for the appointment of initial directors.  Because the terms of the initial directors have expired, the revised law omits that section as executed.  The omitted law reads:

Sec. 8.  Not later than the 31st day after the effective date of this Act, the Brewster County Commissioners Court shall appoint:

(1)  two directors to serve terms expiring February 1, 2002;

(2)  two directors to serve terms expiring February 1, 2003; and

(3)  three directors to serve terms expiring February 1, 2004.

[Sections 8827.055-8827.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Revised Law

Sec. 8827.101.  GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES.  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. 1291, Sec. 5(a) (part).)

Source Law

Sec. 5.  (a)  The district has all 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 1291, Acts of the 77th Legislature, Regular Session, 2001, refers to the "rights, powers, privileges, [and] authority" of the district.  The revised law omits "authority" because, in context, "authority" is included in the meaning of "rights, powers, [and] privileges."

Revised Law

Sec. 8827.102.  LIMITATIONS ON DISTRICT POWERS RELATING TO REAL PROPERTY.  Notwithstanding other law:

(1)  the district may not exercise the power of eminent domain; and

(2)  an agent or employee of the district may not enter private property without the permission of the landowner or the landowner's agent except to inspect a permitted well and to ensure compliance with district rules.  (Acts 77th Leg., R.S., Ch. 1291, Sec. 6.)

Source Law

Sec. 6.  Notwithstanding other law or another provision of this Act:

(1)  the district may not exercise the power of eminent domain; and

(2)  an agent or employee of the district may not enter private property without the permission of the landowner or the landowner's agent except to inspect a permitted well and to ensure compliance with district rules.

Revised Law

Sec. 8827.103.  GROUNDWATER TRANSFER RESTRICTIONS AND FEES.  (a)  The district may limit and impose fees on the transfer of groundwater out of the district if, after public notice and a hearing and in accordance with district rules, the district finds that restrictions or fees on transfer are in the district's best interests.

(b)  In making the determination under Subsection (a), the district shall consider:

(1)  the availability of water in the district and in the receiving area during the period for which the proposed water transfer is requested;

(2)  the availability of feasible and practicable alternative supplies to the applicant proposing the transfer;

(3)  the amount and proposed use of the transferred water in the receiving area;

(4)  the projected effect of the proposed transfer on aquifer conditions, depletion, or subsidence or effects on existing permit holders or other groundwater users within the district;

(5)  the projected environmental and economic effects on the district; and

(6)  the compatibility of the proposed transfer with the approved regional plan and certified district management plan.  (Acts 77th Leg., R.S., Ch. 1291, Sec. 5(c).)

Source Law

(c)  The district has the power to limit and to impose fees on the transfer of groundwater out of the district if, after public notice and a hearing and in accordance with district rules, the district finds that restrictions or fees on transfer are in the district's best interests.  In making the determination, the district shall consider:

(1)  the availability of water in the district and in the receiving area during the period for which the proposed water transfer is requested;

(2)  the availability of feasible and practicable alternative supplies to the applicant proposing the transfer;

(3)  the amount and proposed use of the transferred water in the receiving area;

(4)  the projected effect of the proposed transfer on aquifer conditions, depletion, subsidence, or effects on existing permit holders or other groundwater users within the district;

(5)  the projected environmental and economic effects on the district; and

(6)  the compatibility of the proposed transfer with the approved regional plan and certified district management plan.

Revisor's Note

(End of Chapter)

Section 11, Chapter 1291, 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. 11.  (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.