CHAPTER 8822. LAVACA COUNTY GROUNDWATER CONSERVATION DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER
CHAPTER 8822. LAVACA COUNTY GROUNDWATER
CONSERVATION DISTRICT
For contingent expiration of this chapter, see Section 8822.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8822.001. 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 Lavaca County Groundwater Conservation
District.
Added by Acts 2007, 80th Leg., R.S., Ch.
951, Sec. 1, eff. June 15, 2007.
Sec. 8822.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Lavaca 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.
951, Sec. 1, eff. June 15, 2007.
Sec. 8822.003. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held
on or before September 1, 2013:
(1) the district is dissolved on September 1, 2013, except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of debts shall be
transferred to Lavaca 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 September 1, 2013.
Added by Acts 2007, 80th Leg., R.S., Ch.
951, Sec. 1, eff. June 15, 2007.
Sec. 8822.004. INITIAL DISTRICT TERRITORY. The initial
boundaries of the district are coextensive with the boundaries of
Lavaca County, Texas.
Added by Acts 2007, 80th Leg., R.S., Ch.
951, Sec. 1, eff. June 15, 2007.
Sec. 8822.005. 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.
951, Sec. 1, eff. June 15, 2007.
Sec. 8822.006. DISTRICT PURPOSE. The district is created to:
(1) provide for the conservation, preservation, protection,
recharging, and prevention of waste of groundwater, and of
groundwater reservoirs or their subdivisions, in the Lavaca
County area; and
(2) control subsidence caused by the withdrawal of water from
the groundwater reservoirs or their subdivisions in the Lavaca
County area.
Added by Acts 2007, 80th Leg., R.S., Ch.
951, Sec. 1, eff. June 15, 2007.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Sec. 8822.026.
Sec. 8822.021. TEMPORARY DIRECTORS. The following individuals
shall serve as temporary directors for the district:
(1) A. J. Cerny, Jr.;
(2) August Etlinger;
(3) J. C. Hermes;
(4) David L. Myers; and
(5) Larry A. Svetlik.
Added by Acts 2007, 80th Leg., R.S., Ch.
951, Sec. 1, eff. June 15, 2007.
Sec. 8822.022. 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 Lavaca County
Courthouse.
Added by Acts 2007, 80th Leg., R.S., Ch.
951, Sec. 1, eff. June 15, 2007.
Sec. 8822.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
(a) The temporary directors shall hold an election on the
uniform election date in May 2008 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
name of any candidate who files 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 under
Section 8822.052 may file for an initial director's position.
(c) Except as provided by this chapter, an election under this
section must be conducted as provided by Sections 36.017(b)-(g)
and (i) and 36.059, Water Code, and the Election Code. Sections
36.017(a) and (h), Water Code, do not apply to an election under
this section.
(d) If a majority of the votes cast at the election are not in
favor of creation of the district, the elected directors shall
take office as temporary directors and may hold a subsequent
confirmation election on the uniform election date in May 2010 or
2012.
Added by Acts 2007, 80th Leg., R.S., Ch.
951, Sec. 1, eff. June 15, 2007.
Sec. 8822.024. INITIAL DIRECTORS. (a) If creation of the
district is confirmed at an election held under Section 8822.023,
the elected directors shall take office as initial directors of
the district and serve on the board of directors until permanent
directors are elected under Section 8822.025 or 8822.053.
(b) The initial director representing each of the four
commissioners precincts shall draw lots to determine which two
directors shall serve a term expiring June 1 following the first
regularly scheduled election of directors under Section 8822.025,
and which 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.
951, Sec. 1, eff. June 15, 2007.
Sec. 8822.025. 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 8822.024(b), serve a term expiring June 1 following
that election.
Added by Acts 2007, 80th Leg., R.S., Ch.
951, Sec. 1, eff. June 15, 2007.
Sec. 8822.026. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2013.
Added by Acts 2007, 80th Leg., R.S., Ch.
951, Sec. 1, eff. June 15, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8822.051. 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 2007, 80th Leg., R.S., Ch.
951, Sec. 1, eff. June 15, 2007.
Sec. 8822.052. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
PRECINCTS. (a) Except as provided by Subsection (f), 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.
(f) If territory is added to the district, the board shall
change the method of electing directors as necessary to ensure
that all district voters are fairly represented. A change in the
method of electing directors adopted by the board under this
subsection shall be implemented at the next directors' election
at which the change can be implemented consistently with the
Election Code and federal law.
Added by Acts 2007, 80th Leg., R.S., Ch.
951, Sec. 1, eff. June 15, 2007.
Sec. 8822.053. 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.
951, Sec. 1, eff. June 15, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8822.101. 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.
951, Sec. 1, eff. June 15, 2007.
Sec. 8822.102. PROHIBITION ON REQUIRING METERING OF EXEMPT
WELLS. The district may not require meters on wells exempt from
permitting or regulation under Section 36.117, Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
951, Sec. 1, eff. June 15, 2007.
Sec. 8822.103. NO EMINENT DOMAIN POWER. The district may not
exercise the power of eminent domain.
Added by Acts 2007, 80th Leg., R.S., Ch.
951, Sec. 1, eff. June 15, 2007.
Sec. 8822.104. REGISTRATION AND REPORTING REQUIREMENTS FOR
CERTAIN EXEMPT WELLS. The district may adopt rules that require
the owner or operator of a well or class of wells exempt from
permitting under Section 36.117, Water Code, to register the well
with the district and, notwithstanding Section 8822.102, if the
well is not exempt under Section 36.117(b)(1), Water Code, to
report groundwater withdrawals from the well using reasonable and
appropriate reporting methods and frequency.
Added by Acts 2007, 80th Leg., R.S., Ch.
951, Sec. 1, eff. June 15, 2007.
Sec. 8822.105. WELL SPACING RULES; EXEMPTIONS. (a) Except as
provided by Subsection (b), the district shall exempt from the
well spacing requirements adopted by the district any well that
is completed on or before the effective date of those
requirements.
(b) The district may provide by rule that a well may lose its
exemption under this section if the well is modified in a manner
that substantially increases the capacity of the well after the
effective date of the well spacing requirements adopted by the
district.
(c) Except as provided by this section, the district may require
any well or class of wells exempt from permitting under Chapter
36, Water Code, to comply with the well spacing requirements
adopted by the district. The district shall apply well spacing
requirements uniformly to any well or class of wells based on the
size or capacity of the well and without regard to the type of
use of the groundwater produced by the well.
Added by Acts 2007, 80th Leg., R.S., Ch.
951, Sec. 1, eff. June 15, 2007.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8822.151. LIMITATION ON TAXES. The district may not impose
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 2007, 80th Leg., R.S., Ch.
951, Sec. 1, eff. June 15, 2007.