CHAPTER 8844. HILL COUNTRY UNDERGROUND WATER CONSERVATION DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER
CHAPTER 8844. HILL COUNTRY UNDERGROUND WATER CONSERVATION
DISTRICT
Text of effective on April 01, 2011
SUBCHAPTER A. GENERAL PROVISIONS
Text of section effective on April 01, 2011
Sec. 8844.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Hill Country Underground Water
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. 8844.002. NATURE OF DISTRICT. The district is 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. 8844.003. LEGISLATIVE FINDINGS. The legislature finds
that:
(1) the organization of the district is feasible and
practicable;
(2) the land to be included in the district and the residents of
the district will benefit from the creation of the district;
(3) there is a public necessity for the district; and
(4) the creation of the district will further the public
welfare.
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. 8844.004. DISTRICT TERRITORY. The district is composed of
the territory located in Gillespie County, unless the district's
territory has been modified under:
(1) this subchapter; or
(2) other law.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
SUBCHAPTER B. ANNEXATION OF TERRITORY
Text of section effective on April 01, 2011
Sec. 8844.051. ANNEXATION OF TERRITORY AUTHORIZED. The board
may annex territory to the district as provided by this
subchapter.
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. 8844.052. PETITION FOR ANNEXATION ELECTION. (a) To
initiate a proceeding to annex territory to the district, a
written petition requesting that the board call an annexation
election must be presented to the board.
(b) The petition must:
(1) define the territory to be annexed; and
(2) be signed by at least 50 percent of the persons who reside
in the territory to be annexed according to the most recent
federal census.
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. 8844.053. HEARING; ELECTION ORDER. (a) On receipt of a
petition under Section 8844.052, the board shall set a date for a
hearing on the petition. The hearing must be set for a date that
is not later than the 20th day after the date the board receives
the petition.
(b) The board shall publish notice of the place, time, date, and
purpose of the hearing in one or more newspapers with general
circulation in the district and in the territory to be annexed.
(c) At the hearing, any person may present testimony for or
against annexation of the territory to the district.
(d) At the conclusion of the hearing, the board shall determine
whether an election should be held to determine whether the
territory should be annexed.
(e) If the board determines that an election should be held, the
board shall issue an order calling separate elections to be held
in the district and in the territory to be annexed to determine
whether the territory should be annexed to the district. The
board shall hold the elections on the same day at the next
uniform election date following the date of the order.
(f) If the board determines that an election should not be held,
the board shall issue an order denying the petition.
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. 8844.054. BALLOTS. Ballots for an election called under
Section 8844.053 must be printed to provide for voting for or
against the proposition: "The inclusion of
_______________________ (briefly describe the territory to be
annexed) in the Hill Country Underground Water Conservation
District, and assumption by the described territory of a
proportional share of the outstanding indebtedness 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. 8844.055. DECLARATION OF ELECTION RESULTS. (a) If a
majority of the voters in the district and a majority of the
voters in the territory to be annexed voting on the proposition
vote in favor of the proposition, the territory is annexed to the
district, and the board shall issue a declaration to that effect.
(b) If a majority of the voters in the district or in the
territory to be annexed voting on the proposition vote against
annexing the territory to the district, the territory is not
annexed to the district, and the board shall issue a declaration
to that effect.
(c) The board shall file a copy of the election results and
declaration with the Texas Commission on Environmental Quality.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
SUBCHAPTER C. BOARD OF DIRECTORS
Text of section effective on April 01, 2011
Sec. 8844.101. COMPOSITION OF BOARD. (a) The board is composed
of five directors, unless the board is expanded under Subsection
(b).
(b) If territory is annexed to the district, the territory
annexed is entitled to be represented by one director, and the
board shall add one director to the board for that purpose. The
board shall appoint an initial director to represent the newly
annexed territory. The initial director serves until the first
regular meeting of the board following the first regular election
of directors subsequent to the annexation of the 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. 8844.102. TERMS. Directors 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. 8844.103. QUALIFICATIONS FOR ELECTION; ELIGIBILITY TO
SERVE. (a) To be qualified for election as a director, a person
must be:
(1) a resident of the district; and
(2) at least 18 years of age.
(b) In addition to the requirements of Subsection (a):
(1) to be a director from a county commissioners precinct, a
person must be a resident of that precinct; and
(2) to be a director from a specific territory annexed to the
district, a person must be a resident of that 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. 8844.104. ELECTION DATE. Each odd-numbered year, the board
shall hold an election in the district on the uniform election
date in May to elect the appropriate number of directors.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
SUBCHAPTER D. POWERS AND DUTIES
Text of section effective on April 01, 2011
Sec. 8844.151. GROUNDWATER CONSERVATION DISTRICT POWERS AND
DUTIES. Except to the extent of a conflict with this chapter or
as limited by this chapter, the district is governed by, is
subject to, may exercise the powers granted by, and shall
exercise the duties provided by Chapter 36, Water Code.
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. 8844.152. RECLAMATION. The district may:
(1) reclaim land in the district; and
(2) construct works, facilities, and improvements necessary to
accomplish that purpose.
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. 8844.153. SOIL CONSERVATION AND IMPROVEMENT. The district
may construct and maintain terraces or other structures on land
in the district and may engage in or promote land treatment
measures for soil conservation and improvement.
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. 8844.154. INPUT WELLS. The district may drill, equip,
operate, and maintain input wells, pumps, and other facilities to
carry out its purpose and powers under this chapter.
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. 8844.155. ACQUISITION OF PROPERTY. The district may
acquire any land or property necessary to carry out this chapter
by:
(1) gift;
(2) grant;
(3) devise;
(4) lease;
(5) purchase; or
(6) the power of eminent domain.
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. 8844.156. SALE AND DISPOSAL OF PROPERTY. Subject to this
chapter and Chapter 36, Water Code, the district may sell or
otherwise dispose of land and other property of the district that
is not necessary to carry out the purpose or powers of the
district as determined by the board.
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. 8844.157. APPEARANCE BEFORE RAILROAD COMMISSION. The
district, through the directors or the district's general
manager, may appear before the Railroad Commission of Texas and
present evidence and information related to a pending permit
application for an injection well to be located in 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. 8844.158. PROHIBITION: SUPPLY OF GROUNDWATER. The
district may not contract to or take an action to supply
groundwater inside or outside the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.