CHAPTER 8828. CLEAR FORK GROUNDWATER CONSERVATION DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER
CHAPTER 8828. CLEAR FORK GROUNDWATER CONSERVATION DISTRICT
Text of effective on April 01, 2011
SUBCHAPTER A. GENERAL PROVISIONS
Text of section effective on April 01, 2011
Sec. 8828.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Clear Fork 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. 8828.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Fisher 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. 8828.003. 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. 8828.004. DISTRICT TERRITORY. The district's boundaries
are coextensive with the boundaries of Fisher 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.
Text of section effective on April 01, 2011
Sec. 8828.005. DISTRICT NAME CHANGE. The board may change the
district's name when the district annexes territory.
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. 8828.006. CONFLICTS OF LAW. (a) Except as otherwise
provided by this chapter, if there is a conflict between this
chapter and Chapter 36 or 49, Water Code, this chapter controls.
(b) If there is a conflict between Chapters 36 and 49, Water
Code, Chapter 36 controls.
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. 8828.051. 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. 8828.052. 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) At the first election of the district after the county
commissioners precincts are redrawn under Section 18, Article V,
Texas Constitution, a new director is elected from each precinct.
The directors shall draw lots to determine which two directors
shall serve two-year terms and which two directors shall serve
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. 8828.053. ELECTION DATE. The district shall hold an
election in the district to elect directors on the uniform
election date in May of each even-numbered year.
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. 8828.054. QUALIFICATIONS FOR OFFICE. (a) To be qualified
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 a candidate for or to serve as director from a county
commissioners precinct, a person must be a registered voter of
that precinct.
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. 8828.055. BOARD VACANCY. (a) The board shall appoint a
replacement to fill a vacancy in the office of any director.
(b) The appointed replacement serves until the next directors'
election.
(c) If the position is not scheduled to be filled at the next
election, the person elected to fill the position serves only for
the remainder of the unexpired term.
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. 8828.101. GROUNDWATER CONSERVATION DISTRICT POWERS AND
DUTIES. Except as provided by this chapter, 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. 8828.102. NO EMINENT DOMAIN POWER. The district does not
have the power of eminent domain.
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. 8828.151. DISTRICT REVENUE. To pay the district's
maintenance and operating costs, the district may:
(1) impose an ad valorem tax at a rate not to exceed five cents
for each $100 of taxable value of property in the district;
(2) assess general production fees;
(3) solicit and accept grants from any public or private source;
and
(4) assess a transfer fee on water exported from the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.