CHAPTER 8803. STARR COUNTY GROUNDWATER CONSERVATION DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER
CHAPTER 8803. STARR COUNTY GROUNDWATER CONSERVATION DISTRICT
For contingent expiration of this chapter, see Section 8803.004.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8803.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "District" means the Starr County Groundwater Conservation
District.
(3) "Municipally owned utility" has the meaning assigned by
Section 13.002, Water Code.
(4) "Regional water authority" means the Rio Grande Regional
Water Authority.
(5) "Water supply or sewer service corporation" has the meaning
assigned by Section 13.002, Water Code.
Added by Acts 2005, 79th Leg., Ch.
451, Sec. 4, eff. June 17, 2005.
Sec. 8803.002. NATURE OF DISTRICT. The district is:
(1) a conservation and reclamation district in Starr County
created under Section 59, Article XVI, Texas Constitution; and
(2) a groundwater conservation district.
Added by Acts 2005, 79th Leg., Ch.
451, Sec. 4, eff. June 17, 2005.
Sec. 8803.003. DISTRICT BOUNDARIES. The boundaries of the
district are coextensive with the boundaries of Starr County.
Added by Acts 2005, 79th Leg., Ch.
451, Sec. 4, eff. June 17, 2005.
Sec. 8803.004. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held
before September 1, 2009:
(1) the district is dissolved on September 1, 2009, except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of debts shall be
transferred to Starr County; and
(C) the organization of the district shall be maintained until
all debts are paid and remaining assets are transferred; and
(2) this chapter expires September 1, 2012.
Added by Acts 2007, 80th Leg., R.S., Ch.
1395, Sec. 1, eff. June 15, 2007.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Section 8803.026.
Sec. 8803.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a) Not
later than the 45th day after the effective date of this
subchapter, five temporary directors shall be appointed as
follows:
(1) the Starr County Commissioners Court shall appoint four
temporary directors, with one of the temporary directors
appointed from each of the four commissioners precincts in the
county to represent the precinct in which the temporary director
resides; and
(2) the county judge of Starr County shall appoint one temporary
director who resides in the district to represent the district at
large.
(b) If there is a vacancy on the temporary board of directors of
the district, the remaining temporary directors shall appoint a
person to fill the vacancy in a manner that meets the
representational requirements of this section.
(c) Temporary directors serve until the earlier of:
(1) the time the temporary directors become initial directors as
provided by Section 8803.024; or
(2) the date this chapter expires under Section 8803.004.
Added by Acts 2007, 80th Leg., R.S., Ch.
1395, Sec. 2, eff. June 15, 2007.
Sec. 8803.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.
As soon as practicable after all the temporary directors have
qualified under Section 36.055, Water Code, a majority of the
temporary directors shall convene the organizational meeting of
the district at a location within the district agreeable to a
majority of the directors. If an agreement on location cannot be
reached, the organizational meeting shall be at the Starr County
Courthouse.
Added by Acts 2007, 80th Leg., R.S., Ch.
1395, Sec. 2, eff. June 15, 2007.
Sec. 8803.023. CONFIRMATION ELECTION. (a) The temporary
directors shall hold an election to confirm the creation of the
district.
(b) Section 41.001(a), Election Code, does not apply to a
confirmation election held as provided by this section.
(c) Except as provided by this section, a confirmation election
must be conducted as provided by Sections 36.017(b)-(i), Water
Code, and the Election Code. The provision of Section 36.017(d),
Water Code, relating to the election of permanent directors does
not apply to a confirmation election under this section.
(d) Starr County may pay for any portion of the costs incident
to the district's confirmation election.
Added by Acts 2007, 80th Leg., R.S., Ch.
1395, Sec. 2, eff. June 15, 2007.
Sec. 8803.024. INITIAL DIRECTORS. (a) If creation of the
district is confirmed at an election held under Section 8803.023,
the temporary directors of the district become the initial
directors of the district and serve on the board of directors
until permanent directors are elected under Section 8803.025.
(b) The initial directors for county precincts 2 and 3 serve a
term expiring June 1 following the first regularly scheduled
election of directors under Section 8803.025, and the initial
directors for county precincts 1 and 4 serve a term expiring June
1 following the second regularly scheduled election of directors.
The at-large director shall serve a term expiring June 1
following the second regularly scheduled election of directors.
Added by Acts 2007, 80th Leg., R.S., Ch.
1395, Sec. 2, eff. June 15, 2007.
Sec. 8803.025. INITIAL ELECTION OF PERMANENT DIRECTORS. On the
uniform election date prescribed by Section 41.001, Election
Code, 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 two directors to replace the initial directors who,
under Section 8803.024(b), serve a term expiring June 1 following
that election.
Added by Acts 2007, 80th Leg., R.S., Ch.
1395, Sec. 2, eff. June 15, 2007.
Sec. 8803.026. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2012.
Added by Acts 2007, 80th Leg., R.S., Ch.
1395, Sec. 2, eff. June 15, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8803.051. BOARD. The board consists of five directors.
Added by Acts 2005, 79th Leg., Ch.
451, Sec. 4, eff. June 17, 2005.
Sec. 8803.052. TERMS. Directors serve staggered four-year
terms.
Added by Acts 2005, 79th Leg., Ch.
451, Sec. 4, eff. June 17, 2005.
Sec. 8803.053. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
PRECINCTS. (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 voters of the entire
district, and one director shall be elected from each county
commissioners precinct by the voters of that precinct.
(c) Except as provided by Subsection (e), to be eligible to be a
candidate for or to serve as 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 director from a county commissioners
precinct, a person must be a registered voter 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) When the boundaries of the county commissioners precincts
are redrawn after each federal decennial census to reflect
population changes, a director in office on the effective date of
the change, or a director elected or appointed before the
effective date of the change whose term of office begins on or
after the effective date of the change, shall serve in the
precinct to which elected or appointed even though the change in
boundaries places the person's residence outside the precinct for
which the person was elected or appointed.
Added by Acts 2005, 79th Leg., Ch.
451, Sec. 4, eff. June 17, 2005.
Sec. 8803.054. ELECTION DATE FOR DIRECTORS. The district shall
hold an election to elect the appropriate number of directors on
the uniform election date prescribed by Section 41.001, Election
Code, in May of each even-numbered year.
Added by Acts 2005, 79th Leg., Ch.
451, Sec. 4, eff. June 17, 2005.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8803.101. GENERAL POWERS AND DUTIES. 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.
Added by Acts 2005, 79th Leg., Ch.
451, Sec. 4, eff. June 17, 2005.
Sec. 8803.102. COURT-APPOINTED RECEIVER. The district may serve
as the court-appointed receiver in a matter determined by a court
concerning the disposition of assets of any other district
authorized by Section 52(b)(1) or (2), Article III, or Section
59, Article XVI, Texas Constitution, a municipally owned utility,
or a water supply or sewer service corporation.
Added by Acts 2005, 79th Leg., Ch.
451, Sec. 4, eff. June 17, 2005.
Sec. 8803.103. POWER TO CONTRACT WITH MUNICIPALITIES. The
district may enter into a contract with a municipality to assume
the functions of the municipality's municipally owned utility. A
contract under this section may include provisions for the
district's:
(1) assumption of the debts, liabilities, and obligations of the
municipally owned utility;
(2) ownership or use of the assets and facilities of the
municipally owned utility; and
(3) performance of the functions and services previously
provided by the municipally owned utility.
Added by Acts 2005, 79th Leg., Ch.
451, Sec. 4, eff. June 17, 2005.
Sec. 8803.104. RELATION TO OTHER WATER-RELATED ENTITIES. (a)
To the extent that a rule of the district conflicts with a rule
of the regional water authority, the rule of the authority
controls.
(b) To the extent that a rule of the district conflicts with an
action of a municipally owned utility or water supply or sewer
service corporation whose certificated area is located wholly or
partly in the district's territory, the action of the utility or
corporation controls.
(c) Notwithstanding Subsections (a) and (b), to the extent that
a rule of the district concerning groundwater conflicts with a
rule of the regional water authority or with an action of a
municipally owned utility or water supply or sewer service
corporation whose certificated area is located wholly or partly
in the district's territory, the rule of the district controls.
Added by Acts 2005, 79th Leg., Ch.
451, Sec. 4, eff. June 17, 2005.
SUBCHAPTER D. MERGER WITH WATER SUPPLY OR SEWER SERVICE
CORPORATION
Sec. 8803.151. DEFINITIONS. In this subchapter:
(1) "Commission" means the Texas Commission on Environmental
Quality.
(2) "Directors" means the board of directors of a water supply
or sewer service corporation.
Added by Acts 2005, 79th Leg., Ch.
451, Sec. 4, eff. June 17, 2005.
Sec. 8803.152. AUTHORITY FOR AGREEMENT FOR MERGER; PROVISIONS.
(a) Subject to Sections 8803.153, 8803.154, and 8803.155, the
district may enter into a merger agreement with a water supply or
sewer service corporation.
(b) The merger agreement must include provisions for:
(1) the district's assumption of the debts, liabilities, and
obligations of the water supply or sewer service corporation;
(2) the district's assumption of the ownership of the
corporation's assets and facilities;
(3) the assignment to the district of the certificate of public
convenience and necessity obtained by the corporation under
Subchapter G, Chapter 13, Water Code, and any right obtained
under the certificate;
(4) the district's performance of the functions and services
previously provided by the corporation; and
(5) the dissolution of the corporation.
Added by Acts 2005, 79th Leg., Ch.
451, Sec. 4, eff. June 17, 2005.
Sec. 8803.153. BOARD, DIRECTORS, AND MEMBERS APPROVAL OF MERGER
AGREEMENT. Before an election to confirm a proposed merger
agreement described by Section 8803.152 may be held, the board,
the directors, and, if the water supply or sewer service
corporation has members with voting rights, the members of the
corporation must each approve the proposed merger agreement in
accordance with the laws, rules, charter, bylaws, and procedures
applicable to the district and the corporation.
Added by Acts 2005, 79th Leg., Ch.
451, Sec. 4, eff. June 17, 2005.
Sec. 8803.154. COMMISSION DETERMINATION OF DISTRICT CAPABILITY
FOR SERVICE. Before an election to confirm a proposed merger
agreement described by Section 8803.152 may be held, the
commission must determine that the district is capable of
rendering adequate and continuous service as required by Section
13.251, Water Code.
Added by Acts 2005, 79th Leg., Ch.
451, Sec. 4, eff. June 17, 2005.
Sec. 8803.155. ELECTION TO CONFIRM MERGER AGREEMENT. (a)
Before a proposed merger agreement described by Section 8803.152
may take effect, the board shall hold an election to confirm the
agreement.
(b) The election must be held on the first authorized uniform
election date after the board, the directors, and, if required,
the members of the water supply or sewer service corporation
approve the proposed merger agreement that allows sufficient time
for the board to comply with all applicable provisions of the
Election Code.
Added by Acts 2005, 79th Leg., Ch.
451, Sec. 4, eff. June 17, 2005.
Sec. 8803.156. BALLOTS FOR ELECTION. The ballot for an election
under Section 8803.155 shall read as follows:
"By voting YES on this ballot, you are voting in favor of the
proposed merger agreement between the (name of water supply or
sewer service corporation) and the Starr County Groundwater
Conservation District under which the corporation's debts,
liabilities, obligations, assets, and facilities are to be
transferred to the district, the district is to perform the
functions and services previously provided by the corporation,
and the corporation is to be dissolved. By voting NO on this
ballot, you are voting against the proposed merger agreement."
Added by Acts 2005, 79th Leg., Ch.
451, Sec. 4, eff. June 17, 2005.
Sec. 8803.157. ELECTION RESULTS FOR MERGER WITH WATER SUPPLY OR
SEWER SERVICE CORPORATION. (a) If a majority of the voters
voting in an election under Section 8803.155 both in the
certificated area of the water supply or sewer service
corporation and in the territory of the district outside the
certificated area vote in favor of the ballot proposition, the
proposed merger agreement takes effect.
(b) If a majority of the voters voting in an election under
Section 8803.155 either in the certificated area of the water
supply or sewer service corporation or in the territory of the
district outside the certificated area do not vote in favor of
the ballot proposition:
(1) the proposed merger agreement does not take effect; and
(2) the board may not hold a subsequent election to confirm a
proposed merger agreement between the same water supply or sewer
service corporation and the district before the first anniversary
of the election date.
Added by Acts 2005, 79th Leg., Ch.
451, Sec. 4, eff. June 17, 2005.
Sec. 8803.158. FILING REQUIREMENT. If a proposed merger
agreement is confirmed at an election under Section 8803.155, not
later than the 15th day after the date of the election the board
shall file with the commission and in the deed records of Starr
County a copy of:
(1) the merger agreement;
(2) the resolutions or other actions taken by the board, the
directors, and, if required, the members of the water supply or
sewer service corporation approving the merger agreement under
Section 8803.153; and
(3) the election results.
Added by Acts 2005, 79th Leg., Ch.
451, Sec. 4, eff. June 17, 2005.