CHAPTER 8836. FAYETTE COUNTY GROUNDWATER CONSERVATION DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER
CHAPTER 8836. FAYETTE COUNTY GROUNDWATER CONSERVATION DISTRICT
Text of effective on April 01, 2011
SUBCHAPTER A. GENERAL PROVISIONS
Text of section effective on April 01, 2011
Sec. 8836.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Fayette 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. 8836.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Fayette 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. 8836.003. 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. 8836.004. DISTRICT TERRITORY. The district's boundaries
are coextensive with the boundaries of Fayette 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. 8836.005. DISTRICT NAME CHANGE. The board by resolution
may change the district's name.
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. 8836.051. 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. 8836.052. 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 after the county commissioners
precincts are redrawn under Section 18, Article V, Texas
Constitution, four new directors shall be elected to represent
the precincts. The directors from Precincts 1 and 3 are elected
for two-year terms. The directors from Precincts 2 and 4 are
elected for 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. 8836.053. 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 for terms
beginning January 1 of the following 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. 8836.054. 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 qualified 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.
SUBCHAPTER C. POWERS AND DUTIES
Text of section effective on April 01, 2011
Sec. 8836.101. 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. 8836.102. REGIONAL COOPERATION. To provide for regional
continuity, the district shall:
(1) participate in coordination meetings with adjacent districts
on an as-needed basis;
(2) coordinate the collection of data with adjacent districts in
such a way as to achieve relative uniformity of data type and
quality;
(3) coordinate efforts to monitor water quality with adjacent
districts, local governments, and state agencies;
(4) provide groundwater level data to adjacent districts;
(5) investigate any groundwater and aquifer pollution with the
intention of locating its source;
(6) notify adjacent districts and all appropriate agencies of
any detected groundwater pollution;
(7) annually provide to adjacent districts an inventory of water
wells and an estimate of groundwater production within the
district; and
(8) 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. 8836.151. DISTRICT REVENUE. To pay the district's
maintenance and operating costs and to pay any bonds or notes
issued by the district, the district may:
(1) impose an ad valorem tax at a rate not to exceed two cents
on each $100 valuation of taxable property in the district,
subject to voter approval;
(2) assess fees for services or for water withdrawn from
non-exempt wells; or
(3) solicit and accept grants from any private or public source.
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. 8836.152. ELECTION TO APPROVE BONDS OR NOTES. The district
may not issue or sell bonds or notes payable from any source
unless the action is approved by a majority of the voters of the
district voting at an election held for that purpose.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.