CHAPTER 8810. CENTRAL TEXAS GROUNDWATER CONSERVATION DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER
CHAPTER 8810. CENTRAL TEXAS GROUNDWATER
CONSERVATION DISTRICT
For contingent expiration of this chapter, see Sec. 8810.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8810.001. 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 Central Texas Groundwater Conservation
District.
Added by Acts 2005, 79th Leg., Ch.
855, Sec. 1, eff. June 17, 2005.
Sec. 8810.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Burnet County created under
and essential to accomplish the purposes of Section 59, Article
XVI, Texas Constitution.
Added by Acts 2005, 79th Leg., Ch.
855, Sec. 1, eff. June 17, 2005.
Sec. 8810.003. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held
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 Burnet 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, 2010.
Added by Acts 2005, 79th Leg., Ch.
855, Sec. 1, eff. June 17, 2005.
Sec. 8810.004. INITIAL DISTRICT TERRITORY. The initial
boundaries of the district are coextensive with the boundaries of
Burnet County, Texas.
Added by Acts 2005, 79th Leg., Ch.
855, Sec. 1, eff. June 17, 2005.
Sec. 8810.005. CONSTRUCTION OF CHAPTER. This chapter shall be
liberally construed to achieve the legislative intent and
purposes of Chapter 36, Water Code. A power granted by Chapter
36, Water Code, or this chapter shall be broadly interpreted to
achieve that intent and those purposes.
Added by Acts 2005, 79th Leg., Ch.
855, Sec. 1, eff. June 17, 2005.
Sec. 8810.006. 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.
855, Sec. 1, eff. June 17, 2005.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Sec. 8810.026
Sec. 8810.021. 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 Burnet County Commissioners Court shall appoint one
temporary director from each of the four commissioners precincts
in the county to represent the precincts in which the temporary
directors reside; and
(2) the county judge of Burnet 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 authority who appointed the temporary director
whose position is vacant shall appoint a person to fill the
vacancy.
(c) Temporary directors serve until the earlier of:
(1) the time the temporary directors become initial directors as
provided by Section 8810.024; or
(2) the date this chapter expires under Section 8810.003.
Added by Acts 2005, 79th Leg., Ch.
855, Sec. 1, eff. June 17, 2005.
Sec. 8810.022. 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 Burnet County
Courthouse.
Added by Acts 2005, 79th Leg., Ch.
855, Sec. 1, eff. June 17, 2005.
Sec. 8810.023. 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. Section 36.017(d), Water Code, does
not apply to a confirmation election under this section.
(d) The ballot for the election must be printed to provide for
voting for or against the proposition: "The creation of the
Central Texas Groundwater Conservation District and the
imposition of a maintenance tax at an initial rate not to exceed
two cents for each $100 of assessed valuation."
(e) If a majority of the votes cast at the election are not in
favor of the creation of the district, the temporary directors
may call and hold a subsequent confirmation election. The
subsequent election may not be held before the first anniversary
of the date on which the previous election was held.
(f) The district may not impose a maintenance tax unless the tax
is confirmed under this section.
Added by Acts 2005, 79th Leg., Ch.
855, Sec. 1, eff. June 17, 2005.
Sec. 8810.024. INITIAL DIRECTORS. (a) If creation of the
district is confirmed at an election held under Section 8810.023,
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 8810.025.
(b) The initial directors representing commissioners precincts 2
and 4 shall serve a term expiring June 1 following the first
regularly scheduled election of directors under Section 8810.025,
and the initial directors representing commissioners precincts 1
and 3 shall 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.
855, Sec. 1, eff. June 17, 2005.
Sec. 8810.025. 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 8810.024(b), serve a term expiring June 1 following
that election.
Added by Acts 2005, 79th Leg., Ch.
855, Sec. 1, eff. June 17, 2005.
Sec. 8810.026. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
Added by Acts 2005, 79th Leg., Ch.
855, Sec. 1, eff. June 17, 2005.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8810.051. 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.
855, Sec. 1, eff. June 17, 2005.
Sec. 8810.052. 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.
855, Sec. 1, eff. June 17, 2005.
Sec. 8810.053. 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.
855, Sec. 1, eff. June 17, 2005.
Sec. 8810.054. DIVISION OF MUNICIPALITY. The provision in
Section 36.059(b), Water Code, concerning the division of a
municipal corporation among precincts does not apply to an
election under this chapter.
Added by Acts 2005, 79th Leg., Ch.
855, Sec. 1, eff. June 17, 2005.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8810.101. PERMIT CONSIDERATION. Before granting or denying
a permit under Section 36.113, Water Code, the district shall
consider if the proposed use of water unreasonably affects
surrounding landowners.
Added by Acts 2005, 79th Leg., Ch.
855, Sec. 1, eff. June 17, 2005.
Sec. 8810.102. PERMITS FOR CERTAIN ACTIVITIES; APPLICABLE RULES.
(a) The district may require a permit for any activity that
extracts groundwater or allows more than 25,000 gallons of
groundwater a day to escape.
(b) If a permit is required under Subsection (a), the permit
holder is subject to rules adopted by the district to:
(1) conserve, preserve, protect, and recharge the groundwater or
a groundwater reservoir or its subdivisions to control
subsidence, prevent degradation of groundwater quality, and
prevent waste of groundwater; and
(2) carry out any other power or duty under Chapter 36, Water
Code.
(c) To the extent of a conflict, this section controls over
Section 36.117(b), Water Code.
Added by Acts 2005, 79th Leg., Ch.
855, Sec. 1, eff. June 17, 2005.
Sec. 8810.103. IMPACT OF TRANSFER. (a) If the district finds
that a transfer of groundwater out of the district negatively
impacts any of the factors described by Section 36.122(f), Water
Code, the district may impose additional requirements or
limitations on the permit that are designed to minimize those
impacts.
(b) Sections 36.122(c), (e), (i), and (j), Water Code, do not
apply to a requirement or limitation imposed under this section.
Added by Acts 2005, 79th Leg., Ch.
855, Sec. 1, eff. June 17, 2005.
Sec. 8810.104. CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES. The
district and another governmental entity, including a river
authority located in the district, may enter into a contract for
the performance by that entity of a district function.
Added by Acts 2005, 79th Leg., Ch.
855, Sec. 1, eff. June 17, 2005.
Sec. 8810.105. REVENUE. (a) To pay the maintenance and
operating costs of the district and to pay any bonds or notes
issued by the district, the district may:
(1) impose ad valorem taxes at a rate not to exceed five cents
on each $100 of assessed valuation of taxable property;
(2) assess fees for services or for water withdrawn from
nonexempt wells; or
(3) solicit and accept grants from any private or public source.
(b) The district may not impose ad valorem taxes to pay the
maintenance and operating costs of the district at a rate that
exceeds the maximum rate approved by a majority of the voters of
the district voting at an election in the district held for that
purpose.
Added by Acts 2005, 79th Leg., Ch.
855, Sec. 1, eff. June 17, 2005.
Sec. 8810.106. PROHIBITION ON DISTRICT USE OF EMINENT DOMAIN
POWERS. The district may not exercise the power of eminent
domain.
Added by Acts 2005, 79th Leg., Ch.
855, Sec. 1, eff. June 17, 2005.
SUBCHAPTER D. DISSOLUTION
Sec. 8810.151. ELECTION FOR DISSOLUTION. (a) If the district
has no outstanding bond or other long-term indebtedness, the
district may be dissolved by a favorable vote of a majority of
the registered voters of the district at an election called for
that purpose.
(b) The board shall call a dissolution election if the board
receives a petition for dissolution signed by at least 50 percent
of the registered voters in the district as computed by using the
list of registered voters for Burnet County.
(c) If the district is dissolved under this section, the board
shall:
(1) notify the Texas Commission on Environmental Quality and the
secretary of state of the dissolution; and
(2) transfer title to any assets of the district to Burnet
County.
Added by Acts 2005, 79th Leg., Ch.
855, Sec. 1, eff. June 17, 2005.