CHAPTER 8829. COASTAL BEND GROUNDWATER CONSERVATION DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER
CHAPTER 8829. COASTAL BEND GROUNDWATER CONSERVATION DISTRICT
Text of effective on April 01, 2011
SUBCHAPTER A. GENERAL PROVISIONS
Text of section effective on April 01, 2011
Sec. 8829.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Coastal Bend 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. 8829.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Wharton 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. 8829.003. 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. 8829.004. DISTRICT TERRITORY. The district's boundaries
are coextensive with the boundaries of Wharton 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. 8829.005. 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. 8829.006. 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. 8829.051. COMPOSITION OF BOARD; TERMS. (a) Except as
provided by Section 8829.056(b), 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. 8829.052. ELECTION OF DIRECTORS. (a) Except as provided
by Section 8829.056, this section and Sections 8829.053 and
8829.054 govern the election and qualifications of directors.
(b) Directors are elected according to the commissioners
precinct method as provided by this section.
(c) 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.
(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) At the first election 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. 8829.053. ELECTION DATE. (a) The district shall hold an
election in the district to elect directors on the first Tuesday
after the first Monday in November of each even-numbered year.
(b) The district shall hold elections for the directors for:
(1) Precincts 1 and 3 every four years after 2004; and
(2) Precincts 2 and 4 and the district at large every four years
after 2002.
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. 8829.054. 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. 8829.055. 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.
Text of section effective on April 01, 2011
Sec. 8829.056. COMPOSITION OF BOARD AND ELECTION OF DIRECTORS
FOLLOWING ANNEXATION. (a) If the district annexes territory,
the board of directors of the district by resolution shall adopt
an appropriate and equitable method for:
(1) electing directors for the district;
(2) drawing voting district boundaries if required by the method
adopted; and
(3) maintaining staggered terms for the directors.
(b) If the district annexes territory, the board by resolution
may add one or more directors as provided by Section 36.051,
Water Code.
(c) If the board votes to add a director to represent annexed
territory under Subsection (b), at an election to ratify
annexation under Section 36.328, Water Code, the board may
include on the ballot the names of candidates for director to
represent the annexed territory on the board. A director elected
under this subsection serves until an election is held under
Subsection (d).
(d) A method of electing directors adopted under Subsection (a):
(1) supersedes the method of electing directors provided by
Sections 8829.052-8829.054; and
(2) applies beginning with the election held on the first date
provided by Section 8829.053 that:
(A) occurs after the date the annexation of the territory is
final; and
(B) allows sufficient time to comply with any requirements of
law.
(e) The method of electing directors provided by Sections
8829.052-8829.054 applies until an election is held under
Subsection (d).
(f) To be eligible to be a candidate for or to serve as a
director of the district under this section, a person must:
(1) be a registered voter of the district; and
(2) comply with each requirement stated in a resolution adopted
under Subsection (a).
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. 8829.057. REVISION OF VOTING DISTRICTS. (a) The board may
revise voting districts as necessary or appropriate.
(b) If the board adopts a method for electing directors based on
voting districts, the board shall revise each district after each
federal decennial census to reflect population changes.
(c) When the boundaries of the voting districts are redrawn, a
director serving 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,
serves the term or the remainder of the term in the district to
which elected or appointed even though the change in district
boundaries places the person's residence outside the district for
which the person was elected or appointed.
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. 8829.101. GROUNDWATER CONSERVATION DISTRICT POWERS AND
DUTIES. Except as provided by this chapter, the district has the
rights, powers, duties, privileges, and functions 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. 8829.102. REGIONAL COOPERATION. (a) In recognition of the
need for uniform regional monitoring and regulation of common,
scientifically recognized groundwater sources, and within
designated management areas, the district shall establish rules
that:
(1) require the permitting of each water well that is:
(A) not exempt from permitting by Chapter 36, Water Code; and
(B) capable of producing more than 25,000 gallons each day;
(2) provide for the prevention of waste, as defined by Section
36.001, Water Code;
(3) provide for timely capping or plugging of abandoned wells;
and
(4) require reports to be filed with the district on each new,
nonexempt water well.
(b) A report required under Subsection (a)(4) must include:
(1) the driller's log;
(2) a description of the casing and pumping equipment installed;
(3) the capacity of the well; and
(4) the intended use of the water.
(c) To further regional continuity, the district shall:
(1) seek to participate in at least one coordination meeting
annually with each adjacent district that shares an aquifer with
the district;
(2) coordinate the collection of data with adjacent districts in
a manner designed to achieve uniformity of data quality;
(3) coordinate efforts to monitor water quality with adjacent
districts, local governments, and state agencies;
(4) investigate any groundwater pollution with the intention of
locating its source and report its findings to adjacent districts
and appropriate state agencies;
(5) provide to adjacent districts annually an inventory of new
water wells in the district and an estimate of groundwater
production within the district; and
(6) include adjacent districts on the mailing lists for district
newsletters, seminars, public education events, news articles,
and field days.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
SUBCHAPTER D. FINANCIAL PROVISIONS
Text of section effective on April 01, 2011
Sec. 8829.151. 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.