CHAPTER 8808. DUVAL COUNTY GROUNDWATER CONSERVATION DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER
CHAPTER 8808. DUVAL COUNTY GROUNDWATER CONSERVATION DISTRICT
For contingent expiration of this chapter, see Sec. 8808.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8808.001. 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 Duval County Groundwater Conservation
District.
Added by Acts 2005, 79th Leg., Ch.
450, Sec. 1, eff. June 17, 2005.
Sec. 8808.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Duval County created under
and essential to accomplish the purposes of Section 59, Article
XVI, Texas Constitution.
Added by Acts 2005, 79th Leg., Ch.
450, Sec. 1, eff. June 17, 2005.
Sec. 8808.003. 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 Duval 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 on September 1, 2012.
Added by Acts 2005, 79th Leg., Ch.
450, Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
701, Sec. 1, eff. June 15, 2007.
Sec. 8808.004. INITIAL DISTRICT TERRITORY. The initial
boundaries of the district are coextensive with the boundaries of
Duval County, Texas.
Added by Acts 2005, 79th Leg., Ch.
450, Sec. 1, eff. June 17, 2005.
Sec. 8808.005. 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.
450, Sec. 1, eff. June 17, 2005.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Sec. 8808.026
Sec. 8808.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a) Not
later than the 45th day after the effective date of this chapter,
five temporary directors shall be appointed as follows:
(1) the Duval 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 Duval 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 8808.024; or
(2) the date this chapter expires under Section 8808.003.
Added by Acts 2005, 79th Leg., Ch.
450, Sec. 1, eff. June 17, 2005.
Sec. 8808.022. 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 Duval County
Courthouse.
Added by Acts 2005, 79th Leg., Ch.
450, Sec. 1, eff. June 17, 2005.
Sec. 8808.023. 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) Duval County may pay for any portion of the costs incident
to the district's confirmation election.
Added by Acts 2005, 79th Leg., Ch.
450, Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
701, Sec. 2, eff. June 15, 2007.
Sec. 8808.024. INITIAL DIRECTORS. (a) If creation of the
district is confirmed at an election held under Section 8808.023,
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 8808.025.
(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 8808.025, 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 2005, 79th Leg., Ch.
450, Sec. 1, eff. June 17, 2005.
Sec. 8808.025. 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 8808.024(b), serve a term expiring June 1 following
that election.
Added by Acts 2005, 79th Leg., Ch.
450, Sec. 1, eff. June 17, 2005.
Sec. 8808.026. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
Added by Acts 2005, 79th Leg., Ch.
450, Sec. 1, eff. June 17, 2005.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8808.051. DIRECTORS; TERMS. (a) The district is governed
by a board of five directors.
(b) Directors serve staggered four-year terms, with two or three
directors' terms expiring June 1 of each even-numbered year.
(c) A director may serve consecutive terms.
Added by Acts 2005, 79th Leg., Ch.
450, Sec. 1, eff. June 17, 2005.
Sec. 8808.052. 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 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.
450, Sec. 1, eff. June 17, 2005.
Sec. 8808.053. ELECTION DATE. 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.
450, Sec. 1, eff. June 17, 2005.
Sec. 8808.054. COMPENSATION. (a) Sections 36.060(a), (b), and
(d), Water Code, do not apply to the district.
(b) A director is entitled to receive compensation of not more
than $50 a day for each day the director actually spends
performing the duties of a director. The compensation may not
exceed $3,000 a year.
(c) The board may authorize a director to receive reimbursement
for the director's reasonable expenses incurred while engaging in
activities on behalf of the board.
Added by Acts 2005, 79th Leg., Ch.
450, Sec. 1, eff. June 17, 2005.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8808.101. 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, including a municipal
utility district or a water control and improvement district in
Duval County.
Added by Acts 2005, 79th Leg., Ch.
450, Sec. 1, eff. June 17, 2005.
Sec. 8808.102. POWER TO CONTRACT WITH MUNICIPAL UTILITY
DISTRICTS. The district may enter into a contract with a
municipal utility district in Duval County to assume the
functions of the municipal utility district. A contract under
this section may include provisions for the district's:
(1) assumption of the debts, liabilities, and obligations of the
municipal utility district;
(2) ownership or use of the assets and facilities of the
municipal utility district; and
(3) performance of the functions and services previously
provided by the municipal utility district.
Added by Acts 2005, 79th Leg., Ch.
450, Sec. 1, eff. June 17, 2005.
Sec. 8808.103. RELATION TO OTHER WATER-RELATED ENTITIES. (a)
To the extent that a rule of the district conflicts with a rule
of a water control and improvement district, the rule of the
water control and improvement district controls.
(b) To the extent that a rule of the district conflicts with a
rule of a municipal utility district, the rule of the municipal
utility district controls.
(c) Notwithstanding Subsections (a) and (b), to the extent that
a rule of the district concerning groundwater conflicts with a
rule of a water control and improvement district or a municipal
utility district whose territory is located wholly or partly in
the district's territory, the rule of the district controls.
Added by Acts 2005, 79th Leg., Ch.
450, Sec. 1, eff. June 17, 2005.
SUBCHAPTER D. MERGER WITH WATER CONTROL AND IMPROVEMENT DISTRICT
Sec. 8808.151. DEFINITIONS. In this subchapter:
(1) "Commission" means the Texas Commission on Environmental
Quality.
(2) "Directors" means the board of directors of a water control
and improvement district.
Added by Acts 2005, 79th Leg., Ch.
450, Sec. 1, eff. June 17, 2005.
Sec. 8808.152. AUTHORITY FOR AGREEMENT FOR MERGER; PROVISIONS.
(a) Subject to Sections 8808.153, 8808.154, and 8808.155, the
district may enter into a merger agreement with a water control
and improvement district in Duval County.
(b) The merger agreement must include provisions for:
(1) the district's assumption of the debts, liabilities, and
obligations of the water control and improvement district;
(2) the district's assumption of the ownership of the assets and
facilities of the water control and improvement district;
(3) the assignment to the district of the certificate of public
convenience and necessity obtained by the water control and
improvement district 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 water control and improvement
district; and
(5) the dissolution of the water control and improvement
district.
Added by Acts 2005, 79th Leg., Ch.
450, Sec. 1, eff. June 17, 2005.
Sec. 8808.153. BOARD AND DIRECTORS APPROVAL OF MERGER AGREEMENT.
Before an election to confirm a proposed merger agreement
described by Section 8808.152 may be held, the board and the
directors must each approve the proposed merger agreement in
accordance with the laws, rules, and procedures applicable to the
district and the water control and improvement district.
Added by Acts 2005, 79th Leg., Ch.
450, Sec. 1, eff. June 17, 2005.
Sec. 8808.154. COMMISSION DETERMINATION OF DISTRICT CAPABILITY
FOR SERVICE. Before an election to confirm a proposed merger
agreement described by Section 8808.152 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.
450, Sec. 1, eff. June 17, 2005.
Sec. 8808.155. ELECTION TO CONFIRM MERGER AGREEMENT. (a)
Before a proposed merger agreement described by Section 8808.152
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 and the directors 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.
450, Sec. 1, eff. June 17, 2005.
Sec. 8808.156. BALLOTS FOR ELECTION. The ballot for an election
under Section 8808.155 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 control and
improvement district) and the Duval County Groundwater
Conservation District under which the debts, liabilities,
obligations, assets, and facilities of (name of water control and
improvement district) are to be transferred to the district, the
district is to perform the functions and services previously
provided by the (name of water control and improvement district),
and the (name of water control and improvement district) 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.
450, Sec. 1, eff. June 17, 2005.
Sec. 8808.157. ELECTION RESULTS FOR MERGER WITH WATER CONTROL
AND IMPROVEMENT DISTRICT. (a) If a majority of the voters
voting in an election under Section 8808.155 both in the area of
the water control and improvement district and in the territory
of the district outside that 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 8808.155 either in the area of the water control and
improvement district or in the territory of the district outside
that 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 control and
improvement district and the district before the first
anniversary of the election date.
Added by Acts 2005, 79th Leg., Ch.
450, Sec. 1, eff. June 17, 2005.
Sec. 8808.158. FILING REQUIREMENT. If a proposed merger
agreement is confirmed at an election under Section 8808.155, 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 Duval
County a copy of:
(1) the merger agreement;
(2) the resolutions or other actions taken by the board and the
directors approving the merger agreement under Section 8808.153;
and
(3) the election results.
Added by Acts 2005, 79th Leg., Ch.
450, Sec. 1, eff. June 17, 2005.