CHAPTER 8850. HARRISON COUNTY GROUNDWATER CONSERVATION DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER
CHAPTER 8850. HARRISON COUNTY GROUNDWATER
CONSERVATION DISTRICT
For contingent expiration of this chapter, see Section 8850.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8850.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "Director" means a member of the board.
(3) "District" means the Harrison County Groundwater
Conservation District.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. June 19, 2009.
Sec. 8850.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Harrison 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.
1208, Sec. 1, eff. June 19, 2009.
Sec. 8850.003. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held
under Section 8850.023 before December 31, 2010:
(1) the district is dissolved December 31, 2010, except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of debts shall be
transferred to Harrison County; and
(C) the organization of the district shall be maintained until
all debts are paid and remaining assets are transferred; and
(2) this chapter expires September 1, 2014.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. June 19, 2009.
Sec. 8850.004. INITIAL DISTRICT TERRITORY. The initial
boundaries of the district are coextensive with the boundaries of
Harrison County, Texas.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. June 19, 2009.
Sec. 8850.005. APPLICABILITY OF OTHER GROUNDWATER CONSERVATION
DISTRICT LAW. Except as otherwise provided by this chapter,
Chapter 36, Water Code, applies to the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. June 19, 2009.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Section 8850.026.
Sec. 8850.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a) Not
later than the 45th day after the effective date of the Act
enacting this chapter, five temporary directors shall be
appointed as follows:
(1) the Harrison County Commissioners Court shall appoint four
temporary directors, with one of the temporary directors
appointed from each of the four commissioners precincts in the
county to represent the precincts in which the temporary
directors reside; and
(2) the county judge of Harrison County shall appoint one
temporary director who resides in the district to represent the
district at large.
(b) Of the temporary directors, at least one director must
represent rural water suppliers in the district, one must
represent agricultural interests in the district, and one must
represent industrial interests in the district.
(c) If there is a vacancy on the temporary board of directors of
the district, the Harrison County Commissioners Court shall
appoint a person to fill the vacancy in a manner that meets the
representational requirements of this section.
(d) Temporary directors serve until the earlier of:
(1) the date initial directors are elected under Section
8850.023; or
(2) the fourth anniversary of the effective date of the Act
creating this chapter.
(e) If initial directors have not been elected under Section
8850.023 and the terms of the temporary directors have expired,
successor temporary directors shall be appointed in the manner
provided by Subsections (a) and (b) to serve terms that expire on
the date this subchapter expires under Section 8850.026.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. June 19, 2009.
Sec. 8850.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.
As soon as practicable after all the temporary directors have
qualified under Section 36.055, Water Code, a majority of the
temporary directors shall convene the organizational meeting of
the district at a location within the district agreeable to a
majority of the directors. If an agreement on location cannot be
reached, the organizational meeting shall be at the Harrison
County Courthouse.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. June 19, 2009.
Sec. 8850.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
(a) The temporary directors shall hold an election to confirm
the creation of the district and to elect the initial directors
of the district.
(b) The temporary directors shall have placed on the ballot the
names of all candidates for an initial director's position who
have filed an application for a place on the ballot as provided
by Section 52.003, Election Code.
(c) The ballot must be printed to provide for voting for or
against the proposition: "The creation of the Harrison County
Groundwater Conservation District."
(d) If the district levies a maintenance tax for payment of
expenses, the ballot must be printed to provide for voting for or
against the proposition: "The levy of a maintenance tax at a
rate not to exceed 1.5 cents for each $100 of assessed
valuation."
(e) Section 41.001(a), Election Code, does not apply to an
election held under this section.
(f) Except as provided by this section, an election under this
section must be conducted as provided by Sections 36.017(b)-(i),
Water Code, and the Election Code. The provision of Section
36.017(d), Water Code, relating to the election of permanent
directors does not apply to an election under this section.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. June 19, 2009.
Sec. 8850.024. INITIAL DIRECTORS. (a) If creation of the
district is confirmed at an election held under Section 8850.023,
the directors elected shall take office as initial directors of
the district and serve on the board of directors until permanent
directors are elected under Section 8850.025 or 8850.053.
(b) The four initial directors representing the commissioners
precincts shall draw lots to determine which two shall serve a
term expiring June 1 following the first regularly scheduled
election of directors under Section 8850.025, and which two shall
serve a term expiring June 1 following the second regularly
scheduled election of directors. The at-large director shall
serve a term expiring June 1 following the second regularly
scheduled election of directors.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. June 19, 2009.
Sec. 8850.025. INITIAL ELECTION OF PERMANENT DIRECTORS. On the
uniform election date prescribed by Section 41.001, Election
Code, in May of the first even-numbered year after the year in
which the district is authorized to be created at a confirmation
election, an election shall be held in the district for the
election of two directors to replace the initial directors who,
under Section 8850.024(b), serve a term expiring June 1 following
that election.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. June 19, 2009.
Sec. 8850.026. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2014.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. June 19, 2009.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8850.051. DIRECTORS; TERMS. (a) The district is governed
by a board of five directors.
(b) Directors serve staggered four-year terms, with two or three
directors' terms expiring June 1 of each even-numbered year.
(c) A director may serve consecutive terms.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. June 19, 2009.
Sec. 8850.052. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
PRECINCTS. (a) The directors of the district shall be elected
according to the commissioners precinct method as provided by
this section.
(b) One director shall be elected by the voters of the entire
district, and one director shall be elected from each county
commissioners precinct by the voters of that precinct.
(c) Except as provided by Subsection (e), to be eligible to be a
candidate for or to serve as director at large, a person must be
a registered voter in the district. 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.
(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) When the boundaries of the county commissioners precincts
are redrawn after each federal decennial census to reflect
population changes, a director in office on the effective date of
the change, or a director elected or appointed before the
effective date of the change whose term of office begins on or
after the effective date of the change, shall serve in the
precinct to which elected or appointed even though the change in
boundaries places the person's residence outside the precinct for
which the person was elected or appointed.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. June 19, 2009.
Sec. 8850.053. ELECTION DATE. The district shall hold an
election to elect the appropriate number of directors on the
uniform election date prescribed by Section 41.001, Election
Code, in May of each even-numbered year.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. June 19, 2009.
Sec. 8850.054. COMPENSATION. (a) Sections 36.060(a), (b), and
(d), Water Code, do not apply to the district.
(b) A director is entitled to receive compensation of not more
than $50 a day for each day the director actually spends
performing the duties of a director. The compensation may not
exceed $3,000 a year.
(c) The board may authorize a director to receive reimbursement
for the director's reasonable expenses incurred while engaging in
activities on behalf of the board.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. June 19, 2009.
Sec. 8850.055. BOARD ACTION. A majority vote of a quorum is
required for board action. If there is a tie vote, the proposed
action fails.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. June 19, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8850.101. GENERAL POWERS. Except as otherwise provided by
this chapter, the district has all of the rights, powers,
privileges, functions, and duties provided by the general law of
this state applicable to groundwater conservation districts
created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. June 19, 2009.
Sec. 8850.102. PROHIBITION ON DISTRICT PURCHASE, SALE,
TRANSPORT, OR DISTRIBUTION OF WATER. The district may not
purchase, sell, transport, or distribute surface water or
groundwater for any purpose.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. June 19, 2009.
Sec. 8850.103. PROHIBITION ON DISTRICT USE OF EMINENT DOMAIN
POWER. The district may not exercise the power of eminent
domain.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. June 19, 2009.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8850.151. LIMITATION ON TAXES. The district may not impose
ad valorem taxes at a rate that exceeds 1.5 cents on each $100
valuation of taxable property in the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. June 19, 2009.
Sec. 8850.152. FEES. (a) The board by rule may impose
reasonable fees on each well:
(1) for which a permit is issued by the district; and
(2) that is not exempt from district regulation.
(b) A production fee may be based on:
(1) the size of column pipe used by the well; or
(2) the amount of water actually withdrawn from the well, or the
amount authorized or anticipated to be withdrawn.
(c) The board shall base the initial production fee on the
criteria listed in Subsection (b)(2). The initial production
fee:
(1) may not exceed:
(A) 25 cents per acre-foot for water used for agricultural
irrigation; or
(B) 4.25 cents per thousand gallons for water used for any other
purpose; and
(2) may be increased at a cumulative rate not to exceed three
percent per year.
(d) In addition to the production fee authorized under this
section, the district may assess an export fee on groundwater
from a well that is produced for transport outside the district.
(e) Fees authorized by this section may be:
(1) assessed annually;
(2) used to pay the cost of district operations; and
(3) used for any other purpose allowed under Chapter 36, Water
Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. June 19, 2009.
Sec. 8850.153. LIMITATION ON INDEBTEDNESS. The district may
issue bonds and notes under Subchapter F, Chapter 36, Water Code,
except that the total indebtedness created by that issuance may
not exceed $500,000 at any time.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. June 19, 2009.