81C96(5) JD

 

CHAPTER 8829.  COASTAL BEND GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 8829.001.  DEFINITIONS ...............................  2

Sec. 8829.002.  NATURE OF DISTRICT ........................  2

Sec. 8829.003.  FINDINGS OF PUBLIC USE AND BENEFIT ........  3

Sec. 8829.004.  DISTRICT TERRITORY ........................  3

Sec. 8829.005.  DISTRICT NAME CHANGE ......................  4

Sec. 8829.006.  CONFLICTS OF LAW ..........................  4

[Sections 8829.007-8829.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Sec. 8829.051.  COMPOSITION OF BOARD; TERMS ...............  6

Sec. 8829.052.  ELECTION OF DIRECTORS .....................  7

Sec. 8829.053.  ELECTION DATE .............................  8

Sec. 8829.054.  QUALIFICATIONS FOR OFFICE .................  9

Sec. 8829.055.  BOARD VACANCY ............................. 10

Sec. 8829.056.  COMPOSITION OF BOARD AND ELECTION OF

                  DIRECTORS FOLLOWING ANNEXATION .......... 10

Sec. 8829.057.  REVISION OF VOTING DISTRICTS .............. 12

[Sections 8829.058-8829.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 8829.101.  GROUNDWATER CONSERVATION DISTRICT

                  POWERS AND DUTIES ....................... 14

Sec. 8829.102.  REGIONAL COOPERATION ...................... 14

[Sections 8829.103-8829.150 reserved for expansion]

SUBCHAPTER D.  FINANCIAL PROVISIONS

Sec. 8829.151.  DISTRICT REVENUE .......................... 16

CHAPTER 8829.  COASTAL BEND GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Revised Law

Sec. 8829.001.  DEFINITIONS.  In this chapter:

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

(2)  "Director" means a board member.

(3)  "District" means the Coastal Bend Groundwater Conservation District.  (Acts 77th Leg., R.S., Ch. 1294, Sec. 2; New.)

Source Law

Sec. 2.  In this Act, "district" means the Coastal Bend 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. 8829.002.  NATURE OF DISTRICT.  The district is a groundwater conservation district in Wharton County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.  (Acts 77th Leg., R.S., Ch. 1294, Secs. 1(a) (part), (b).)

Source Law

Sec. 1.  (a)  A groundwater conservation district, to be known as the Coastal Bend Groundwater Conservation District, is created in Wharton 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 1294, 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)  [The district is created] … subject to approval at a confirmation election under Section 10 of this Act. …

(2)  Section 1(a), Chapter 1294, 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 quoted language 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 body politic and corporate.  The omitted law reads:

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

Revised Law

Sec. 8829.003.  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. 1294, 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. 8829.004.  DISTRICT TERRITORY.  The district's boundaries are coextensive with the boundaries of Wharton 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. 1294, Sec. 3; New.)

Source Law

Sec. 3.  The boundaries of the district are coextensive with the boundaries of Wharton 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. 8829.005.  DISTRICT NAME CHANGE.  The board may change the district's name when the district annexes territory.  (Acts 77th Leg., R.S., Ch. 1294, Sec. 14.)

Source Law

Sec. 14.  The board of directors may change the district's name when the district annexes territory.

Revised Law

Sec. 8829.006.  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. 1294, Sec. 13.)

Source Law

Sec. 13.   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, Chapter 1294, 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:

Sec. 5.  … This Act prevails over any provision of general law that is in conflict or inconsistent with this Act.

(2)  Section 10, Chapter 1294, 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 district's initial board.  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. 10.  (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 9 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 8829.007-8829.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Revised Law

Sec. 8829.051.  COMPOSITION OF BOARD; TERMS.  (a)  Except as provided by Section 8829.056(b), the district is governed by a board of five directors.

(b)  Directors serve staggered four-year terms.  (Acts 77th Leg., R.S., Ch. 1294, Secs. 7(a), (d).)

Source Law

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

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

Revisor's Note

(1)  Section 7(d), Chapter 1294, Acts of the 77th Legislature, Regular Session, 2001, refers to "[p]ermanent" directors.  Sections 7 and 8 of Chapter 1294 refer to "temporary," "initial," and "permanent" directors to distinguish between the "temporary" directors appointed by the Texas Natural Resource Conservation Commission, 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 1294, 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 8829.101 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 1294, 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. 8829.052.  ELECTION OF DIRECTORS.  (a)  Except as provided by Section 8829.056, this section and Sections 8829.053 and 8829.054 govern the election and qualifications of directors.

(b)  Directors are elected according to the commissioners precinct method as provided by this section.

(c)  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.

(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 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. 1294, Secs. 9(a), (b), (d), (e), 9A(a) (part).)

Source Law

Sec. 9.  (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 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.

Sec. 9A.  (a)  Notwithstanding Sections 9 and 11 of this Act, … .

Revisor's Note

The revised law substitutes "[e]xcept as provided by Section 8829.056" for the language of Section 9A(a), Chapter 1294, Acts of the 77th Legislature, Regular Session, 2001, which allows an exception to the methods prescribed by Sections 9 and 11.

Revised Law

Sec. 8829.053.  ELECTION DATE.  (a)  The district shall hold an election in the district to elect directors on the first Tuesday after the first Monday in November of each even-numbered year.

(b)  The district shall hold elections for the directors for:

(1)  Precincts 1 and 3 every four years after 2002; and

(2)  Precincts 2 and 4 and the district at large every four years after 2004.  (Acts 77th Leg., R.S., Ch. 1294, Sec. 11.)

Source Law

Sec. 11.  (a)  On the first Saturday in May of the first even-numbered 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.

(b)  On the first Tuesday after the first Monday in November of each subsequent second year following the election, the appropriate number of directors shall be elected.

Revisor's Note

Although references to the confirmation election and initial two-year and four-year terms are obsolete due to the continuing operation of the district and consequently are not included in the revised law, Section 11(a), Chapter 1294, Acts of the 77th Legislature, Regular Session, 2001, is included in the source law for this section because it shows that the legislature intended to fix future election dates in even-numbered years.  Because elections for permanent directors were first held under Section 11 in 2002, the language added to this section establishes the dates of subsequent elections in the various precincts.

Revised Law

Sec. 8829.054.  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. 1294, Sec. 9(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. 8829.055.  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. 1294, 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.  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.

Revised Law

Sec. 8829.056.  COMPOSITION OF BOARD AND ELECTION OF DIRECTORS FOLLOWING ANNEXATION.  (a)  If the district annexes territory, the board of directors of the district by resolution shall adopt an appropriate and equitable method for:

(1)  electing directors for the district;

(2)  drawing voting district boundaries if required by the method adopted; and

(3)  maintaining staggered terms for the directors.

(b)  If the district annexes territory, the board by resolution may add one or more directors as provided by Section 36.051, Water Code.

(c)  If the board votes to add a director to represent annexed territory under Subsection (b), at an election to ratify annexation under Section 36.328, Water Code, the board may include on the ballot the names of candidates for director to represent the annexed territory on the board.  A director elected under this subsection serves until an election is held under Subsection (d).

(d)  A method of electing directors adopted under Subsection (a):

(1)  supersedes the method of electing directors provided by Sections 8829.052-8829.054; and

(2)  applies beginning with the election held on the first date provided by Section 8829.053 that:

(A)  occurs after the date the annexation of the territory is final; and

(B)  allows sufficient time to comply with any requirements of law.

(e)  The method of electing directors provided by Sections 8829.052-8829.054 applies until an election is held under Subsection (d).

(f)  To be eligible to be a candidate for or to serve as a director of the district under this section, a person must:

(1)  be a registered voter of the district; and

(2)  comply with each requirement stated in a resolution adopted under Subsection (a).  (Acts 77th Leg., R.S., Ch. 1294, Secs. 7A, 9A(a) (part), (b), (c), (d), (e).)

Source Law

Sec. 7A.  Notwithstanding Section 7(a) of this Act, if the district annexes territory, the board of directors of the district by resolution may add one or more directors as provided by Section 36.051, Water Code.

Sec. 9A.  (a) … if the district annexes territory, the board of directors of the district by resolution shall adopt an appropriate and equitable method for:

(1)  electing directors for the district that supersedes the method of electing directors under Sections 9 and 11 of this Act;

(2)  drawing voting district boundaries if required by the method adopted; and

(3)  maintaining staggered terms for the directors.

(b)  If the board votes to add a director to represent annexed territory under Section 7A of this Act, at an election to ratify annexation under Section 36.328, Water Code, the board may include on the ballot the names of candidates for director to represent the annexed territory on the board.  A director elected under this subsection serves until an election is held under Subsection (c) of this section.

(c)  A method of electing directors adopted under Subsection (a) of this section applies beginning with the election held on the first date provided by Section 11 of this Act that occurs after the date the annexation of the territory is final and that allows sufficient time to comply with any requirements of law.

(d)  The method of electing directors provided by Sections 9 and 11 of this Act applies until an election is held under Subsection (c) of this section.

(e)  To be eligible to be a candidate for or to serve as a director of the district under this section, a person must be a registered voter of the district and meet the requirements stated in a resolution adopted under Subsection (a) of this section.

Revised Law

Sec. 8829.057.  REVISION OF VOTING DISTRICTS.  (a)  The board may revise voting districts as necessary or appropriate.

(b)  If the board adopts a method for electing directors based on voting districts, the board shall revise each district after each federal decennial census to reflect population changes.

(c)  When the boundaries of the voting districts are redrawn, a director serving on the effective date of the change, or elected or appointed before the effective date of the change to a term of office beginning on or after the effective date of the change, serves the term or the remainder of the term in the district to which elected or appointed even though the change in district boundaries places the person's residence outside the district for which the person was elected or appointed.  (Acts 77th Leg., R.S., Ch. 1294, Sec. 9A(f).)

Source Law

(f)  The board may revise voting districts as necessary or appropriate.  If the board adopts a method for electing directors based on voting districts, the board shall revise each voting district after each federal decennial census to reflect population changes.  When the boundaries of the districts are redrawn, a director in office on the effective date of the change, or elected or appointed before the effective date of the change to a term of office beginning on or after the effective date of the change, shall serve the term or the remainder of the term in the district to which elected or appointed even though the change in boundaries places the person's residence outside the district for which the person was elected or appointed.

Revisor's Note

(End of Subchapter)

(1)  Sections 7(b) and (c), Chapter 1294, 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 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 1294, 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 consists of:

(1)  E. A. Weinheimer, Jr., at large;

(2)  Leonard Wittig, Precinct 1;

(3)  Ronald Gertson, Precinct 2;

(4)  L. G. Raun, Jr., Precinct 3; and

(5)  Laurance Armour III, Precinct 4.

(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.

(3)  Section 2, Chapter 923, Acts of the 79th Legislature, Regular Session, 2005, refers to transition procedures regarding the terms of certain elected directors.  The revised law omits this provision as executed.  The omitted law reads:

Sec. 2.  A person serving as a member of the board of directors of the Coastal Bend Groundwater Conservation District on the effective date of this Act shall continue to serve until the election and qualification of a new director for that position.

[Sections 8829.058-8829.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Revised Law

Sec. 8829.101.  GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES.  Except as provided by this chapter, the district has the rights, powers, duties, privileges, and functions 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. 1294, Sec. 5 (part).)

Source Law

Sec. 5.  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, Chapter 1294, 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. 8829.102.  REGIONAL COOPERATION.  (a)  In recognition of the need for uniform regional monitoring and regulation of common, scientifically recognized groundwater sources, and within designated management areas, the district shall establish rules that:

(1)  require the permitting of each water well that is:

(A)  not exempt from permitting by Chapter 36, Water Code; and

(B)  capable of producing more than 25,000 gallons each day;

(2)  provide for the prevention of waste, as defined by Section 36.001, Water Code;

(3)  provide for timely capping or plugging of abandoned wells; and

(4)  require reports to be filed with the district on each new, nonexempt water well.

(b)  A report required under Subsection (a)(4) must include:

(1)  the driller's log;

(2)  a description of the casing and pumping equipment installed;

(3)  the capacity of the well; and

(4)  the intended use of the water.

(c)  To further regional continuity, the district shall:

(1)  seek to participate in at least one coordination meeting annually with each adjacent district that shares an aquifer with the district;

(2)  coordinate the collection of data with adjacent districts in a manner designed to achieve uniformity of data quality;

(3)  coordinate efforts to monitor water quality with adjacent districts, local governments, and state agencies;

(4)  investigate any groundwater pollution with the intention of locating its source and report its findings to adjacent districts and appropriate state agencies;

(5)  provide to adjacent districts annually an inventory of new water wells in the district and an estimate of groundwater production within the district; and

(6)  include adjacent districts on the mailing lists for district newsletters, seminars, public education events, news articles, and field days.  (Acts 77th Leg., R.S., Ch. 1294, Sec. 6.)

Source Law

Sec. 6.  (a)  In recognition of the need for uniform regional monitoring and regulation of common, scientifically recognized groundwater sources, and within designated management areas, the district shall establish rules:

(1)  requiring the permitting of all water wells that are:

(A)  not exempted from permitting by Chapter 36, Water Code; and

(B)  capable of producing in excess of 25,000 gallons per day;

(2)  providing for the prevention of waste, as defined by Section 36.001, Water Code;

(3)  providing for timely capping or plugging of abandoned wells; and

(4)  requiring reports to be filed with the district on all new, nonexempt water wells.

(b)  Reports required under Subsection (a)(4) must include the driller's log, a description of the casing and pumping equipment installed, the capacity of the well so equipped, and the intended use of the water.

(c)  To further regional continuity, the district shall:

(1)  seek to participate in at least one coordination meeting annually with each adjacent district that shares an aquifer with the district;

(2)  coordinate the collection of data with adjacent districts in a manner designed to achieve uniformity of data quality;

(3)  coordinate efforts to monitor water quality with adjacent districts, local governments, and state agencies;

(4)  investigate any groundwater pollution with the intention of locating its source and report its findings to adjacent districts and appropriate state agencies;

(5)  provide to adjacent districts annually an inventory of new water wells in the district and an estimate of groundwater production within the district; and

(6)  include adjacent districts on the mailing lists for district newsletters, seminars, public education events, news articles, and field days.

[Sections 8829.103-8829.150 reserved for expansion]

SUBCHAPTER D.  FINANCIAL PROVISIONS

Revised Law

Sec. 8829.151.  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. 1294, Sec. 12.)

Source Law

Sec. 12.  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 15, Chapter 1294, 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. 15.  (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.