CHAPTER 8807. LOWER TRINITY GROUNDWATER CONSERVATION DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER
CHAPTER 8807. LOWER TRINITY GROUNDWATER
CONSERVATION DISTRICT
For contingent expiration of this chapter, see Sec. 8807.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8807.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "Director" means a member of the board.
(3) "District" means the Lower Trinity Groundwater Conservation
District.
Added by Acts 2005, 79th Leg., Ch.
863, Sec. 1, eff. June 17, 2005.
Sec. 8807.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Liberty, Polk, and San
Jacinto Counties created under and essential to accomplish the
purposes of Section 59, Article XVI, Texas Constitution.
Added by Acts 2005, 79th Leg., Ch.
863, Sec. 1, eff. June 17, 2005.
Sec. 8807.003. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held
under Section 8807.023 before September 1, 2007:
(1) the district is dissolved on September 1, 2007, except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of debts shall be
transferred to each county in proportion to the contribution of
money made; 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 on September 1, 2010.
Added by Acts 2005, 79th Leg., Ch.
863, Sec. 1, eff. June 17, 2005.
Sec. 8807.004. INITIAL DISTRICT TERRITORY. (a) Except as
provided by Subsection (b), the initial boundaries of the
district are coextensive with the boundaries of Liberty, Polk,
and San Jacinto Counties.
(b) If the creation of the district is not confirmed by the
voters of a county at an election held under Section 8807.023,
that county is not included in the district.
Added by Acts 2005, 79th Leg., Ch.
863, Sec. 1, eff. June 17, 2005.
Sec. 8807.005. ADDITION OF ADJACENT COUNTY TO DISTRICT. (a) A
county adjoining the district may petition to join the district
by resolution of the county commissioners court.
(b) If, after a hearing on the resolution, the board finds that
the addition of the county would benefit the district and the
county to be added, the board by resolution may approve the
addition of the county to the district.
(c) The addition of a county under this section is not final
until approved by the voters in the county to be added at an
election held for that purpose.
(d) The ballots for the election shall be printed to permit
voting for or against the proposition: "The addition of (county's
name) to the Lower Trinity Groundwater Conservation District."
(e) If a majority of the votes are cast in favor of the addition
of the county to the district, the county is added to the
district, and the district boundaries are adjusted accordingly.
If less than a majority of the votes are cast in favor of the
addition of the county to the district, the county is not added
to the district.
Added by Acts 2005, 79th Leg., Ch.
863, Sec. 1, eff. June 17, 2005.
Sec. 8807.006. APPLICABILITY OF OTHER GROUNDWATER CONSERVATION
DISTRICT LAW. Except as otherwise provided by this chapter,
Chapter 36, Water Code, applies to the district.
Added by Acts 2005, 79th Leg., Ch.
863, Sec. 1, eff. June 17, 2005.
SUBCHAPTER A1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Sec. 8807.025
Sec. 8807.021. TEMPORARY DIRECTORS. (a) Not later than the
45th day after the effective date of the Act creating this
chapter, temporary directors shall be appointed in the same
manner as provided by Section 8807.052(a) for permanent
directors.
(b) If the voters of one county do not confirm the creation of
the district under Section 8807.023:
(1) the directors appointed from that county and the director
appointed jointly by the commissioners courts of all three
counties are not eligible to serve as directors of the district;
and
(2) the commissioners courts in the counties in which the
creation of the district is confirmed shall jointly appoint one
additional director to represent the forestry, agricultural, or
landowner groundwater interests of both counties.
(c) If the voters of two counties do not confirm the creation of
the district under Section 8807.023:
(1) the directors appointed from those counties and the director
appointed jointly by the commissioners courts of all three
counties are not eligible to serve as directors of the district;
and
(2) the commissioners court in the county in which the creation
of the district is confirmed shall appoint one additional
director to represent the forestry, agricultural, or landowner
groundwater interests of that county.
(d) If there is a vacancy on the temporary board of directors,
the governing body of each entity that appointed the director who
vacated the office shall appoint a person to fill the vacancy.
(e) Temporary directors serve until the earlier of:
(1) the time the temporary directors become initial directors as
provided by Section 8807.024; or
(2) the date this chapter expires under Section 8807.003.
Added by Acts 2005, 79th Leg., Ch.
863, Sec. 1, eff. June 17, 2005.
Sec. 8807.022. 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 in the district agreeable to a
majority of the directors. If an agreement on location cannot be
reached, the organizational meeting shall be at the Polk County
Courthouse.
Added by Acts 2005, 79th Leg., Ch.
863, Sec. 1, eff. June 17, 2005.
Sec. 8807.023. CONFIRMATION ELECTION. (a) The temporary
directors shall hold an election on the same date in Liberty,
Polk, and San Jacinto Counties to confirm the creation of the
district.
(b) Except as provided by this section, a confirmation election
must be conducted as provided by Sections 36.017, 36.018, and
36.019, Water Code, and by the Election Code. The provision
under Section 36.017(d), Water Code, relating to the election of
permanent directors does not apply to a confirmation election
under this section.
Added by Acts 2005, 79th Leg., Ch.
863, Sec. 1, eff. June 17, 2005.
Sec. 8807.024. INITIAL DIRECTORS. (a) If creation of the
district is confirmed at an election held under Section 8807.023,
the temporary directors of the district become the initial
directors of the district and serve on the board of directors
until permanent directors are appointed under Section 8807.052.
(b) If the district has seven initial directors:
(1) the terms of two initial directors expire December 31, 2006;
(2) the terms of two initial directors expire December 31, 2007;
and
(3) the terms of three initial directors, including the director
who was appointed jointly by the three counties, expire December
31, 2008.
(c) If the district has five initial directors:
(1) the terms of one initial director from each county expire
December 31, 2006;
(2) the terms of one initial director from each county expire
December 31, 2007; and
(3) the term of the initial director appointed jointly by the
two counties expires on December 31, 2008.
(d) If the district has three initial directors, the term of one
director will expire on December 31 in 2006, 2007, and 2008.
(e) The initial directors, excluding the director appointed
jointly by the counties, shall draw lots to determine their
terms.
Added by Acts 2005, 79th Leg., Ch.
863, Sec. 1, eff. June 17, 2005.
Sec. 8807.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
Added by Acts 2005, 79th Leg., Ch.
863, Sec. 1, eff. June 17, 2005.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8807.051. GOVERNING BODY. The district is governed by a
board of directors, which initially shall consist of not fewer
than three and not more than seven directors, appointed as
provided by Section 8807.052.
Added by Acts 2005, 79th Leg., Ch.
863, Sec. 1, eff. June 17, 2005.
Sec. 8807.052. APPOINTMENT OF DIRECTORS. (a) If the voters in
Liberty, Polk, and San Jacinto Counties confirm the creation of
the district, seven directors shall be appointed as follows:
(1) the Liberty County Commissioners Court shall appoint one
director to represent the rural water utilities or the forestry
or agricultural groundwater supply interests of the county;
(2) the Polk County Commissioners Court shall appoint one
director to represent the rural water utilities or the large
industrial groundwater supply interests of the county;
(3) the San Jacinto County Commissioners Court shall appoint one
director to represent the rural water utilities or the forestry
or agricultural groundwater supply interests of the county;
(4) the incorporated municipalities of Liberty County shall
jointly appoint one director;
(5) the incorporated municipalities of Polk County shall jointly
appoint one director;
(6) the incorporated municipalities of San Jacinto County shall
jointly appoint one director; and
(7) the commissioners courts of Liberty, Polk, and San Jacinto
Counties shall jointly appoint one director to represent the
forestry, agricultural, or landowner groundwater interests of all
three counties.
(b) If the voters in two counties confirm the creation of the
district, five directors shall be appointed as follows:
(1) the commissioners court in each of those counties shall
appoint a director as provided by Subsection (a);
(2) the incorporated municipalities in each of those counties
shall appoint a director as provided by Subsection (a); and
(3) the commissioners courts of the two counties shall jointly
appoint one director to represent the forestry, agricultural, or
landowner groundwater interests of both counties.
(c) If the voters in only one county confirm the creation of the
district, three directors shall be appointed as follows:
(1) the commissioners court of the county shall appoint a
director as provided by Subsection (a);
(2) the incorporated municipalities in the county shall appoint
a director as provided by Subsection (a); and
(3) the commissioners court of the county shall appoint an
additional director to represent the forestry, agricultural, or
landowner groundwater interests of the county.
Added by Acts 2005, 79th Leg., Ch.
863, Sec. 1, eff. June 17, 2005.
Sec. 8807.053. CHANGE IN COMPOSITION; ADDITIONAL COUNTY. If a
county is added to the district under Section 8807.005, the board
may change the number of directors so that an equal number of
directors is appointed from each county and one director is
appointed jointly by the counties in the district.
Added by Acts 2005, 79th Leg., Ch.
863, Sec. 1, eff. June 17, 2005.
Sec. 8807.054. TERMS. Directors serve staggered three-year
terms.
Added by Acts 2005, 79th Leg., Ch.
863, Sec. 1, eff. June 17, 2005.
Sec. 8807.055. VACANCY; RULES. (a) If there is a vacancy on
the board, the governing body of each entity that appointed the
director who vacated shall appoint a director to serve the
remainder of the term.
(b) The board shall adopt rules to establish when a vacancy has
occurred.
Added by Acts 2005, 79th Leg., Ch.
863, Sec. 1, eff. June 17, 2005.
Sec. 8807.056. PRESIDING OFFICER. The jointly appointed
director under Section 8807.052(a)(7) or (b)(3) or the additional
director appointed under Section 8807.052(c)(3) shall serve as
the presiding officer of the board.
Added by Acts 2005, 79th Leg., Ch.
863, Sec. 1, eff. June 17, 2005.
Sec. 8807.057. QUALIFICATIONS; GROUNDWATER PRODUCER. A person
is not disqualified from serving as a director if that person is
an employee, manager, director, or officer of a groundwater
producer that is or may be regulated by the district.
Added by Acts 2005, 79th Leg., Ch.
863, Sec. 1, eff. June 17, 2005.
Sec. 8807.058. COMPENSATION; REIMBURSEMENT. (a) A director is
not entitled to receive compensation for serving as a director.
(b) A director may receive reimbursement for actual, reasonable
expenses incurred in the discharge of official duties.
Added by Acts 2005, 79th Leg., Ch.
863, Sec. 1, eff. June 17, 2005.
Sec. 8807.059. VOTING REQUIREMENT. A majority vote of a quorum
is required for board action.
Added by Acts 2005, 79th Leg., Ch.
863, Sec. 1, eff. June 17, 2005.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8807.101. PRODUCTION FEES. (a) The district may assess
reasonable fees on each well in the district. The fee:
(1) must be based on the amount of water withdrawn from the
well; and
(2) may not exceed 5 cents per 1,000 gallons of groundwater
withdrawn for any purpose.
(b) This section does not apply to:
(1) a well used exclusively for agriculture, as defined by
Section 36.001, Water Code; or
(2) an exempt well under Section 8807.102.
Added by Acts 2005, 79th Leg., Ch.
863, Sec. 1, eff. June 17, 2005.
Sec. 8807.102. WELLS EXEMPT FROM REGULATION. (a) The district
may not require a permit for a well that is:
(1) used solely for domestic and livestock purposes; and
(2) incapable of producing more than 25,000 gallons of
groundwater a day.
(b) The district may not assess fees on a well that meets the
criteria established under Section 36.117(b), Water Code.
Added by Acts 2005, 79th Leg., Ch.
863, Sec. 1, eff. June 17, 2005.
Sec. 8807.103. TAXES PROHIBITED. The district may not impose a
tax.
Added by Acts 2005, 79th Leg., Ch.
863, Sec. 1, eff. June 17, 2005.
Sec. 8807.104. LIMIT ON ISSUANCE OF BONDS. The district may not
issue any bonds or other obligations that pledge revenue derived
from district taxation.
Added by Acts 2005, 79th Leg., Ch.
863, Sec. 1, eff. June 17, 2005.
Sec. 8807.105. EMINENT DOMAIN. The district may not exercise
the power of eminent domain.
Added by Acts 2005, 79th Leg., Ch.
863, Sec. 1, eff. June 17, 2005.
Sec. 8807.106. LIMIT ON PURCHASE OF GROUNDWATER RIGHTS FOR
CONSERVATION PURPOSES. The district may purchase groundwater
rights only if the purchased rights are acquired for conservation
purposes and are held in trust permanently.
Added by Acts 2005, 79th Leg., Ch.
863, Sec. 1, eff. June 17, 2005.