CHAPTER 8826. BRAZORIA COUNTY GROUNDWATER CONSERVATION DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER
CHAPTER 8826. BRAZORIA COUNTY GROUNDWATER CONSERVATION DISTRICT
Text of effective on April 01, 2011
SUBCHAPTER A. GENERAL PROVISIONS
Text of section effective on April 01, 2011
Sec. 8826.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Brazoria County Groundwater
Conservation District.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8826.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Brazoria County created
under and essential to accomplish the purposes of Section 59,
Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8826.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
district is created to serve a public use and benefit.
(b) All land and other property included in the district will
benefit from the works and projects accomplished by the district
under the powers conferred by Section 59, Article XVI, Texas
Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8826.004. DISTRICT TERRITORY. The district's boundaries
are coextensive with the boundaries of Brazoria County, Texas,
unless the district's territory has been modified under:
(1) Subchapter J, Chapter 36, Water Code; or
(2) other law.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
SUBCHAPTER B. BOARD OF DIRECTORS
Text of section effective on April 01, 2011
Sec. 8826.051. COMPOSITION OF BOARD; TERMS. (a) The district
is governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8826.052. ELECTION OF DIRECTORS. (a) Directors are
elected according to the commissioners precinct method as
provided by this section.
(b) One director is elected by the voters of the entire
district. One director is elected from each county commissioners
precinct by the voters of that precinct.
(c) 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.
(d) When the boundaries of the county commissioners precincts
are redrawn under Section 18, Article V, Texas Constitution, a
director in office on the effective date of the change, or
elected or appointed before the effective date of the change to a
term of office beginning on or after the effective date of the
change, shall serve the term or the remainder of the term in the
precinct to which elected or appointed even though the change in
boundaries places the director's residence outside the precinct
for which the director was elected or appointed.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8826.053. ELECTION DATE. On the first Tuesday after the
first Monday in November of each even-numbered year, the
appropriate number of directors shall be elected.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8826.054. ELIGIBILITY. (a) 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.
(b) To be eligible 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, except as provided by Section
8826.052(d).
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
SUBCHAPTER C. POWERS AND DUTIES
Text of section effective on April 01, 2011
Sec. 8826.101. GROUNDWATER CONSERVATION DISTRICT POWERS AND
DUTIES. Except as provided by Section 8826.102, the district has
the rights, powers, privileges, 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 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8826.102. LIMITATIONS ON DISTRICT POWERS. The district may
not:
(1) impose a tax of any type;
(2) exercise the power of eminent domain;
(3) acquire land;
(4) issue or sell bonds; or
(5) purchase, sell, transport, or distribute surface water or
groundwater.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8826.103. WELLS EXEMPT FROM REGULATION. (a) For a new or
existing water well on private property that serves only a
single-family dwelling used only for domestic purposes, the
district may not:
(1) assess or collect a fee of any type; or
(2) require that a meter be placed on the well.
(b) For a new or existing water well used only for agriculture,
as that term is defined by Section 36.001, Water Code, the
district may not:
(1) assess or collect a fee of any type; or
(2) require that a meter be placed on the well.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Text of section effective on April 01, 2011
Sec. 8826.151. FEES. Unless exempt under this chapter or
Chapter 36, Water Code, the board may establish by schedule and
impose:
(1) a production fee under Section 36.205, Water Code;
(2) an export fee for groundwater transferred out of the
district in an amount not to exceed 150 percent of the maximum
wholesale water rate charged by the City of Houston; and
(3) other fees as authorized by Chapter 36, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.