CHAPTER 8842. HEADWATERS GROUNDWATER CONSERVATION DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER
CHAPTER 8842. HEADWATERS GROUNDWATER CONSERVATION DISTRICT
Text of effective on April 01, 2011
SUBCHAPTER A. GENERAL PROVISIONS
Text of section effective on April 01, 2011
Sec. 8842.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Headwaters 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. 8842.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Kerr 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. 8842.003. 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. 8842.004. DISTRICT TERRITORY. The district's boundaries
are coextensive with the boundaries of Kerr County, 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. 8842.051. 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. 8842.052. 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, 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. 8842.053. ELECTION DATE. (a) Except as provided by
Subsection (b), directors' elections shall occur on the date of
the general election for state and county officers.
(b) If directors' elections may not lawfully be held on the date
described by Subsection (a), directors' elections shall occur on
the uniform election date in May of odd-numbered years.
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. 8842.054. ELIGIBILITY. (a) To be eligible to serve on the
board, a person must have been a resident of the district for at
least one year before the date the person takes office as a
director.
(b) 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.
(c) 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. 8842.055. COMPENSATION; EXPENSES. A director serves
without compensation but is entitled to reimbursement for actual
expenses incurred in performing activities related to district
business, including education, travel, and seminars.
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. 8842.101. GROUNDWATER CONSERVATION DISTRICT POWERS AND
DUTIES. 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. 8842.102. AUTHORITY OF DISTRICT TO CONTRACT WITH
GOVERNMENTAL BODIES. (a) The district may contract with Kerr
County or a river authority whose boundaries are coextensive with
the district's boundaries for services available from the county
or river authority that directly relate to the district's
activities. Any party to a contract under this subsection may
petition the Texas Commission on Environmental Quality to resolve
any dispute arising out of the contract.
(b) The district may contract with a state agency or another
governmental body to carry out any function of the 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. 8842.103. GRANTING OF GROUNDWATER RIGHTS PROHIBITED. The
district may not sell, donate, lease, or otherwise grant rights
in or to groundwater located in the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.