CHAPTER 8819. PANOLA COUNTY GROUNDWATER CONSERVATION DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER
CHAPTER 8819. PANOLA COUNTY GROUNDWATER
CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8819.001. 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 Panola County Groundwater Conservation
District.
Added by Acts 2007, 80th Leg., R.S., Ch.
867, Sec. 1, eff. June 15, 2007.
Sec. 8819.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Panola County created under
and essential to accomplish the purposes of Section 59, Article
XVI, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
867, Sec. 1, eff. June 15, 2007.
Sec. 8819.003. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held
on or before December 31, 2008, the district is dissolved on that
date, except that:
(1) any debts incurred shall be paid;
(2) any assets that remain after the payment of debts shall be
transferred to Panola County; and
(3) the organization of the district shall be maintained until
all debts are paid and remaining assets are transferred.
Added by Acts 2007, 80th Leg., R.S., Ch.
867, Sec. 1, eff. June 15, 2007.
Sec. 8819.004. INITIAL DISTRICT TERRITORY. The initial
boundaries of the district are coextensive with the boundaries of
Panola County, Texas.
Added by Acts 2007, 80th Leg., R.S., Ch.
867, Sec. 1, eff. June 15, 2007.
Sec. 8819.005. 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 2007, 80th Leg., R.S., Ch.
867, Sec. 1, eff. June 15, 2007.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Sec. 8819.026.
Sec. 8819.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a) Not
later than the 45th day after the effective date of this chapter,
nine temporary directors shall be appointed as follows:
(1) the Panola County Commissioners Court shall appoint eight
temporary directors, with two of the temporary directors
appointed 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 Panola County shall appoint one
temporary director who resides in the district to represent the
district at large.
(b) Of the temporary directors, at least one director must
represent rural water suppliers in the district, one must
represent agricultural interests in the district, and one must
represent industrial interests in the district.
(c) If there is a vacancy on the temporary board of directors of
the district, the Panola County Commissioners Court shall appoint
a person to fill the vacancy in a manner that meets the
representational requirements of this section.
(d) Temporary directors serve until the earlier of:
(1) the election of initial directors under Section 8819.023; or
(2) the date this subchapter expires under Section 8819.026.
Added by Acts 2007, 80th Leg., R.S., Ch.
867, Sec. 1, eff. June 15, 2007.
Sec. 8819.022. 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 Panola County
Courthouse.
Added by Acts 2007, 80th Leg., R.S., Ch.
867, Sec. 1, eff. June 15, 2007.
Sec. 8819.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
(a) The temporary directors shall hold an election to confirm
the creation of the district and to elect the initial directors
of the district.
(b) The temporary directors shall have placed on the ballot the
names of all candidates for an initial director's position who
have filed an application for a place on the ballot as provided
by Section 52.003, Election Code.
(c) The ballot must be printed to provide for voting for or
against the proposition: "The creation of the Panola County
Groundwater Conservation District."
(d) If the district levies a maintenance tax for payment of
expenses, the ballot must be printed to provide for voting for or
against the proposition: "The levy of a maintenance tax at a rate
not to exceed ____ cents for each $100 of assessed valuation."
(e) Section 41.001(a), Election Code, does not apply to an
election held under this section.
(f) Except as provided by this section, an election under this
section 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 an election under this section.
Added by Acts 2007, 80th Leg., R.S., Ch.
867, Sec. 1, eff. June 15, 2007.
Sec. 8819.024. INITIAL DIRECTORS. (a) If creation of the
district is confirmed at an election held under Section 8819.023,
the initial directors of the district serve on the board of
directors until permanent directors are elected under Section
8819.025 or 8819.053.
(b) The two initial directors representing each of the four
commissioners precincts shall draw lots to determine which of the
two directors shall serve a term expiring June 1 following the
first regularly scheduled election of directors under Section
8819.025, and which of the two directors 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 2007, 80th Leg., R.S., Ch.
867, Sec. 1, eff. June 15, 2007.
Sec. 8819.025. 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 four directors to replace the initial directors who,
under Section 8819.024(b), serve a term expiring June 1 following
that election.
Added by Acts 2007, 80th Leg., R.S., Ch.
867, Sec. 1, eff. June 15, 2007.
Sec. 8819.026. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2012.
Added by Acts 2007, 80th Leg., R.S., Ch.
867, Sec. 1, eff. June 15, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8819.051. DIRECTORS; TERMS. (a) The district is governed
by a board of nine directors.
(b) Directors serve staggered four-year terms, with four or five
directors' terms expiring June 1 of each even-numbered year.
(c) A director may serve consecutive terms.
Added by Acts 2007, 80th Leg., R.S., Ch.
867, Sec. 1, eff. June 15, 2007.
Sec. 8819.052. 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 two directors 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 2007, 80th Leg., R.S., Ch.
867, Sec. 1, eff. June 15, 2007.
Sec. 8819.053. 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 2007, 80th Leg., R.S., Ch.
867, Sec. 1, eff. June 15, 2007.
Sec. 8819.054. 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 2007, 80th Leg., R.S., Ch.
867, Sec. 1, eff. June 15, 2007.
Sec. 8819.055. BOARD ACTION. A majority vote of a quorum is
required for board action. If there is a tie vote, the proposed
action fails.
Added by Acts 2007, 80th Leg., R.S., Ch.
867, Sec. 1, eff. June 15, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8819.101. GENERAL POWERS. Except as otherwise provided by
this chapter, the district has all of the rights, powers,
privileges, functions, and duties provided by the general law of
this state applicable to groundwater conservation districts
created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
867, Sec. 1, eff. June 15, 2007.
Sec. 8819.102. GROUNDWATER WELLS UNDER RAILROAD COMMISSION
JURISDICTION. (a) Except as provided by this section, a
groundwater well drilled or operated within the district under a
permit issued by the Railroad Commission of Texas is under the
jurisdiction of the railroad commission, and, in respect to such
a well, the district has only the authority provided by Chapter
36, Water Code.
(b) Groundwater produced in an amount authorized by a railroad
commission permit may be used within or exported from the
district without a permit from the district.
(c) To the extent groundwater is produced in excess of railroad
commission authorization, the holder of the railroad commission
permit:
(1) shall apply to the district for the appropriate permit for
the excess production; and
(2) is subject to the applicable regulatory fees.
Added by Acts 2007, 80th Leg., R.S., Ch.
867, Sec. 1, eff. June 15, 2007.
Sec. 8819.103. PROHIBITION ON DISTRICT PURCHASE, SALE,
TRANSPORT, OR DISTRIBUTION OF WATER. The district may not
purchase, sell, transport, or distribute surface water or
groundwater for any purpose.
Added by Acts 2007, 80th Leg., R.S., Ch.
867, Sec. 1, eff. June 15, 2007.
Sec. 8819.104. PROHIBITION ON DISTRICT USE OF EMINENT DOMAIN
POWERS. The district may not exercise the power of eminent
domain.
Added by Acts 2007, 80th Leg., R.S., Ch.
867, Sec. 1, eff. June 15, 2007.
Sec. 8819.105. REGIONAL COOPERATION. (a) In this section,
"designated groundwater management area" means an area designated
as a groundwater management area under Section 35.004, Water
Code.
(b) To provide for regional continuity, the district shall
comply with the requirements of Section 36.108, Water Code, and:
(1) participate as needed in coordination meetings with other
groundwater conservation districts in its designated groundwater
management area;
(2) coordinate the collection of data with other groundwater
conservation districts in its designated groundwater management
area in such a way as to achieve relative uniformity of data type
and quality;
(3) coordinate efforts to monitor water quality with other
groundwater conservation districts in its designated groundwater
management area, local governments, and state agencies;
(4) provide groundwater level data to other groundwater
conservation districts in its designated groundwater management
area;
(5) investigate any groundwater or aquifer pollution with the
intention of locating its source;
(6) notify other groundwater conservation districts in its
designated groundwater management area and all appropriate
agencies of any groundwater pollution detected;
(7) annually provide to other groundwater conservation districts
in its designated groundwater management area an inventory of
water wells and an estimate of groundwater production in the
district; and
(8) include other groundwater conservation districts in its
designated groundwater management area on the mailing lists for
district newsletters, seminars, public education events, news
articles, and field days.
Added by Acts 2007, 80th Leg., R.S., Ch.
867, Sec. 1, eff. June 15, 2007.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8819.151. LIMITATION ON TAXES. The district may not impose
ad valorem taxes at a rate that exceeds 1.5 cents on each $100
valuation of taxable property in the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
867, Sec. 1, eff. June 15, 2007.
Sec. 8819.152. FEES. (a) The board by rule may impose
reasonable fees on each well:
(1) for which a permit is issued by the district; and
(2) that is not exempt from district regulation.
(b) A production fee may be based on:
(1) the size of column pipe used by the well; or
(2) the amount of water actually withdrawn from the well, or the
amount authorized or anticipated to be withdrawn.
(c) The board shall base the initial production fee on the
criteria listed in Subsection (b)(2). The initial production
fee:
(1) may not exceed:
(A) 25 cents per acre-foot for water used for agricultural
irrigation; or
(B) 6.75 cents per thousand gallons for water used for any other
purpose; and
(2) may be increased at a cumulative rate not to exceed three
percent per year.
(d) In addition to the production fee authorized under this
section, the district may assess an export fee on groundwater
from a well that is produced for transport outside the district.
(e) Fees authorized by this section may be:
(1) assessed annually;
(2) used to pay the cost of district operations; and
(3) used for any other purpose allowed under Chapter 36, Water
Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
867, Sec. 1, eff. June 15, 2007.
Sec. 8819.153. LIMITATION ON INDEBTEDNESS. The district may
issue bonds and notes under Subchapter F, Chapter 36, Water Code,
except that the total indebtedness created by that issuance may
not exceed $500,000 at any time.
Added by Acts 2007, 80th Leg., R.S., Ch.
867, Sec. 1, eff. June 15, 2007.