CHAPTER 8817. SAN PATRICIO COUNTY GROUNDWATER CONSERVATION DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER
CHAPTER 8817. SAN PATRICIO COUNTY GROUNDWATER
CONSERVATION DISTRICT
For contingent expiration of this chapter, see Sec. 8817.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8817.001. 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 San Patricio County Groundwater
Conservation District.
Added by Acts 2005, 79th Leg., Ch.
1178, Sec. 1, eff. June 18, 2005.
Sec. 8817.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in San Patricio County created
under and essential to accomplish the purposes of Section 59,
Article XVI, Texas Constitution.
Added by Acts 2005, 79th Leg., Ch.
1178, Sec. 1, eff. June 18, 2005.
Sec. 8817.003. 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 San Patricio 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.
1178, Sec. 1, eff. June 18, 2005.
Sec. 8817.004. INITIAL DISTRICT TERRITORY. The initial
boundaries of the district are coextensive with the boundaries of
San Patricio County, Texas.
Added by Acts 2005, 79th Leg., Ch.
1178, Sec. 1, eff. June 18, 2005.
Sec. 8817.005. 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.
1178, Sec. 1, eff. June 18, 2005.
Sec. 8817.006. CREATION OF AQUIFER STORAGE AND RECOVERY
CONSERVATION DISTRICTS IN SAN PATRICIO COUNTY. (a) This chapter
does not preclude the creation of an aquifer storage and recovery
conservation district in San Patricio County.
(b) The district may not limit or restrict an aquifer storage
and recovery conservation district from recovering water stored
by the aquifer storage and recovery conservation district in a
municipal aquifer storage area located in the district.
(c) To the extent that the boundaries of the aquifer storage and
recovery conservation district and the district overlap, the
power and authority of the two districts are joint and
coextensive.
Added by Acts 2005, 79th Leg., Ch.
1178, Sec. 1, eff. June 18, 2005.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Sec. 8817.024
Sec. 8817.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a) Not
later than the 30th day after the effective date of the Act
creating this chapter, the San Patricio County Commissioners
Court shall appoint five temporary directors and enter the
appointments in the minutes of the court.
(b) If a temporary director fails to qualify for office or if
there is a vacancy on the temporary board of directors of the
district, the county commissioners shall appoint a person to fill
the vacancy.
(c) Temporary directors serve until the earlier of:
(1) the time initial directors are elected as provided by
Section 8817.022; or
(2) the date this chapter expires under Section 8817.003.
Added by Acts 2005, 79th Leg., Ch.
1178, Sec. 1, eff. June 18, 2005.
Sec. 8817.022. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
(a) The temporary directors shall hold an election to confirm
the creation of the district and elect seven initial directors.
(b) At the confirmation and initial directors' election, the
temporary 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 eligible to be a candidate may file for an
initial director's position.
(c) Section 41.001(a), Election Code, does not apply to a
confirmation election held as provided by this section.
(d) 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.
(e) If the district is confirmed at the election, the temporary
directors, at the time the vote is canvassed, shall declare the
qualified person who receives the most votes for each position to
be elected as an initial director for that position and shall
include the results of the initial directors' election in the
district's election report to the Texas Commission on
Environmental Quality.
Added by Acts 2005, 79th Leg., Ch.
1178, Sec. 1, eff. June 18, 2005.
Sec. 8817.023. FIRST ELECTION OF PERMANENT DIRECTORS. On the
first uniform election date prescribed by Section 41.001,
Election Code, in November of an even-numbered year that is at
least six months after the date on which the district is
authorized to be created at a confirmation election, an election
shall be held in the district for the election of three permanent
directors to serve a term expiring November 15 following the
first election under Section 8817.052 and four permanent
directors to serve a term expiring November 15 following the
second election under that section.
Added by Acts 2005, 79th Leg., Ch.
1178, Sec. 1, eff. June 18, 2005.
Sec. 8817.024. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
Added by Acts 2005, 79th Leg., Ch.
1178, Sec. 1, eff. June 18, 2005.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8817.051. DIRECTORS; TERMS. (a) The district is governed
by a board of seven directors.
(b) Directors serve staggered four-year terms, with three or
four directors' terms expiring November 15 of each even-numbered
year.
(c) Newly elected permanent directors take office at the first
regular meeting of the board after the vote is canvassed.
(d) The board shall adopt rules and procedures for the
appointment of a permanent director to fill a vacancy or to
complete an unexpired term.
Added by Acts 2005, 79th Leg., Ch.
1178, Sec. 1, eff. June 18, 2005.
Sec. 8817.052. 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 November of each even-numbered year.
Added by Acts 2005, 79th Leg., Ch.
1178, Sec. 1, eff. June 18, 2005.
Sec. 8817.053. METHOD OF ELECTING DIRECTORS: JUSTICE OF THE
PEACE PRECINCTS. (a) The directors of the district shall be
elected according to the 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 justice of
the peace 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 justice of the peace 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 justice of the peace 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 2007, 80th Leg., R.S., Ch.
590, Sec. 1, eff. June 16, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8817.101. GENERAL POWERS AND DUTIES. Except as provided by
Section 8817.006, 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.
Added by Acts 2005, 79th Leg., Ch.
1178, Sec. 1, eff. June 18, 2005.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8817.151. LIMITATION ON TAXES. The district may not levy
ad valorem taxes at a rate that exceeds five cents on each $100
of assessed valuation of taxable property in the district.
Added by Acts 2005, 79th Leg., Ch.
1178, Sec. 1, eff. June 18, 2005.