CHAPTER 8852. BRUSH COUNTRY GROUNDWATER CONSERVATION DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER
CHAPTER 8852. BRUSH COUNTRY GROUNDWATER CONSERVATION DISTRICT
For contingent expiration of this chapter, see Section 8852.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8852.001. 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 Brush Country Groundwater Conservation
District.
Added by Acts 2009, 81st Leg., R.S., Ch.
1396, Sec. 1, eff. June 19, 2009.
Sec. 8852.002. NATURE OF DISTRICT. The district is a
groundwater conservation district created under and essential to
accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch.
1396, Sec. 1, eff. June 19, 2009.
Sec. 8852.003. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed in at least one of the
territories described by Section 8852.023 at a confirmation
election held before September 1, 2011:
(1) the district is dissolved on September 1, 2011, except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of debts shall be
transferred in equal amounts to Jim Hogg, Brooks, Hidalgo, and
Jim Wells Counties; 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, 2013.
Added by Acts 2009, 81st Leg., R.S., Ch.
1396, Sec. 1, eff. June 19, 2009.
Sec. 8852.004. INITIAL DISTRICT TERRITORY. (a) The district is
initially composed of the territory described by Section 2 of the
Act creating this chapter.
(b) The boundaries described in Section 2 of the Act creating
this chapter form a closure. A mistake made in describing the
district's boundaries in the legislative process does not affect
the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes for which
the district is created or to pay the principal of and interest
on a bond;
(3) right to impose an assessment or tax; or
(4) legality or operation.
Added by Acts 2009, 81st Leg., R.S., Ch.
1396, Sec. 1, eff. June 19, 2009.
Sec. 8852.005. CONSTRUCTION OF CHAPTER. This chapter shall be
liberally construed to achieve the legislative intent and
purposes of Chapter 36, Water Code. A power granted by Chapter
36, Water Code, or this chapter shall be broadly interpreted to
achieve that intent and those purposes.
Added by Acts 2009, 81st Leg., R.S., Ch.
1396, Sec. 1, eff. June 19, 2009.
SUBCHAPTER B. DISTRICT CREATION
Sec. 8852.021. TEMPORARY DIRECTORS. (a) The temporary board
consists of:
(1) David Grall;
(2) Mauro Garcia;
(3) Robert Scott;
(4) A. C. Jones IV;
(5) Mario Martinez;
(6) Israel Hinojosa;
(7) a person appointed by the commissioners courts of Brooks and
Jim Hogg Counties within 60 days of the effective date of this
Act;
(8) Jesse Howell;
(9) Pearson Knolle; and
(10) Lawrence Cornelius.
(b) If there is a vacancy on the temporary board, the remaining
temporary directors shall select a qualified person to fill the
vacancy.
(c) Unless the temporary director's term expires under
Subsection (d), a temporary director serves until the earlier of:
(1) the date the temporary director becomes an initial permanent
director under Section 8852.024; or
(2) the date this chapter expires under Section 8852.003.
(d) The following temporary directors' terms expire on the date
of the canvass of the election to confirm the creation of the
district:
(1) David Grall and Mauro Garcia, if the voters in the territory
described by Section 8852.023(a)(3) vote not to confirm the
creation of the district;
(2) Robert Scott, if the voters in the territory described by
Section 8852.023(a)(1) vote not to confirm the creation of the
district;
(3) A. C. Jones IV and Mario Martinez, if the voters in the
territory described by Section 8852.023(a)(5) vote not to confirm
the creation of the district;
(4) Israel Hinojosa, if the voters in the territory described by
Section 8852.023(a)(4) vote not to confirm the creation of the
district;
(5) a person appointed by the commissioners courts of Brooks and
Jim Hogg Counties, if the creation of the district is confirmed
by voters of none of the territories described by Section
8852.023;
(6) Jesse Howell and Pearson Knolle, if the voters in the
territory described by Section 8852.023(a)(6) vote not to confirm
the creation of the district; and
(7) Lawrence Cornelius, if the voters in the territory described
by Section 8852.023(a)(2) vote not to confirm the creation of the
district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1396, Sec. 1, eff. June 19, 2009.
Sec. 8852.022. 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 Brooks County
Courthouse.
Added by Acts 2009, 81st Leg., R.S., Ch.
1396, Sec. 1, eff. June 19, 2009.
Sec. 8852.023. CONFIRMATION ELECTION. (a) The temporary board
shall hold an election in each of the following territories in
the district to confirm the creation of the district and the
imposition of a maintenance tax:
(1) the territory in the corporate limits of the city of
Falfurrias as of January 1, 2009;
(2) the territory in the corporate limits of the city of Alice
as of January 1, 2009;
(3) the territory:
(A) in Brooks County that, as of January 1, 2009, is:
(i) outside the corporate limits of the city of Falfurrias; and
(ii) not in the Kenedy County Groundwater Conservation District;
and
(B) in Hidalgo County that is:
(i) described by a metes and bounds description in Section 2 of
the Act creating this chapter; and
(ii) not in the Kenedy County Groundwater Conservation District
as of January 1, 2009;
(4) the territory in the certificated retail water service area
of the Jim Hogg County Water Control and Improvement District No.
2 as of January 1, 2009;
(5) the territory in Jim Hogg County that is outside the
certificated retail water service area of the Jim Hogg County
Water Control and Improvement District No. 2 as of January 1,
2009; and
(6) the territory in Jim Wells County that, as of January 1,
2009, is:
(A) outside the corporate limits of the city of Alice; and
(B) not in the Kenedy County Groundwater Conservation District.
(b) Section 41.001(a), Election Code, does not apply to a
confirmation election held as provided by this section.
(c) Except as provided by this section, an election under this
section must be conducted as provided by Sections 36.017(b), (c),
and (e), Water Code, and the Election Code.
(d) The ballot for the election must be printed to provide for
voting for or against the proposition: "The creation of the
Brush Country Groundwater Conservation District and the levy of
an ad valorem tax in the district at a rate not to exceed three
cents for each $100 of assessed valuation."
(e) If the majority of voters in a territory described by
Subsection (a) voting at an election held under this section vote
to confirm the creation of the district, that territory is
included in the district. If the majority of voters in a
territory described by Subsection (a) voting at an election held
under this section vote not to confirm the creation of the
district, that territory is excluded from the district.
(f) If the majority of voters in any of the territories
described by Subsection (a) voting at an election held under this
section vote not to confirm the creation of the district, the
temporary board or any successor board may hold a subsequent
confirmation election in that territory.
(g) The district may not impose a maintenance tax unless the tax
is confirmed under this section.
Added by Acts 2009, 81st Leg., R.S., Ch.
1396, Sec. 1, eff. June 19, 2009.
Sec. 8852.024. INITIAL PERMANENT DIRECTORS. (a) If the
creation of the district is confirmed at an election held under
Section 8852.023 in one or more territories in the district, each
temporary director who represents a territory that is included in
the district becomes an initial permanent director of the
district.
(b) The initial permanent directors shall draw lots to determine
which directors serve a term expiring on June 1 of the first
even-numbered year after the confirmation election and which
directors serve a term expiring on June 1 of the next
even-numbered year.
Added by Acts 2009, 81st Leg., R.S., Ch.
1396, Sec. 1, eff. June 19, 2009.
Sec. 8852.025. GIFTS AND GRANTS. The temporary board may
solicit and accept gifts and grants, including services, on the
district's behalf from any public or private source to provide
revenue for the district before a confirmation election is held
under Section 8852.023.
Added by Acts 2009, 81st Leg., R.S., Ch.
1396, Sec. 1, eff. June 19, 2009.
Sec. 8852.026. RIGHT OF CERTAIN LANDOWNERS TO WITHDRAW FROM
DISTRICT. A person who owns a tract of land in Brooks or Hidalgo
County that adjoins the boundaries of the Kenedy County
Groundwater Conservation District as of the effective date of the
Act creating this chapter may petition the Kenedy County
Groundwater Conservation District for annexation into that
district. Notwithstanding any other law, the Kenedy County
Groundwater Conservation District may annex territory described
by a petition under this section. Territory annexed by the
Kenedy County Groundwater Conservation District under this
section not later than January 1, 2010, is disannexed at that
time from the district created by this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
1396, Sec. 1, eff. June 19, 2009.
Sec. 8852.027. LIMITATION OF POWERS OF TEMPORARY BOARD. (a)
The temporary board may exercise only the powers described by
Sections 8852.022, 8852.023, and 8852.025.
(b) Except as required by a law or rule relating to
participation in a groundwater management area in which the
district is located, the temporary board may not:
(1) adopt rules, including rules regarding wells; or
(2) develop a draft or final management plan.
Added by Acts 2009, 81st Leg., R.S., Ch.
1396, Sec. 1, eff. June 19, 2009.
SUBCHAPTER C. BOARD OF DIRECTORS
Sec. 8852.051. APPOINTMENT OF DIRECTORS; TERMS. (a) Not later
than June 1 of each even-numbered year, the Commissioners Courts
of Brooks County, Jim Hogg County, and Jim Wells County shall
appoint directors as follows:
(1) the Commissioners Court of Brooks County shall appoint:
(A) one director who represents the municipal interests of the
territory described by Section 8852.023(a)(1), if the territory
described by Section 8852.023(a)(1) is included in the district;
and
(B) two directors who represent the agricultural interests of
the territory described by Sections 8852.023(a)(3)(A) and (B), if
the territory described by Sections 8852.023(a)(3)(A) and (B) is
included in the district;
(2) the Commissioners Court of Jim Hogg County shall appoint:
(A) one director who represents the interests of Jim Hogg County
in the territory described by Section 8852.023(a)(4), if the
territory described by Section 8852.023(a)(4) is included in the
district; and
(B) two directors who represent the agricultural interests of
the territory described by Section 8852.023(a)(5), if the
territory described by Section 8852.023(a)(5) is included in the
district;
(3) the Commissioners Court of Jim Wells County shall appoint:
(A) one director who represents the municipal interests of the
territory described by Section 8852.023(a)(2), if the territory
described by Section 8852.023(a)(2) is included in the district;
and
(B) two directors who represent the agricultural interests of
the territory described by Section 8852.023(a)(6), if the
territory described by Section 8852.023(a)(6) is included in the
district; and
(4) the Commissioners Courts of Brooks County and Jim Hogg
County jointly shall appoint one director to represent the
industrial and mining interests of Jim Hogg and Brooks Counties.
(b) Directors serve staggered four-year terms that expire on
June 1 of an even-numbered year.
Added by Acts 2009, 81st Leg., R.S., Ch.
1396, Sec. 1, eff. June 19, 2009.
Sec. 8852.052. ELIGIBILITY. (a) A director is not disqualified
from service because the director is an employee, manager,
director of the board, or officer of a groundwater producer that
is or may be regulated by the district.
(b) A temporary director whose term of office expires under
Section 8852.021(d) is not eligible for appointment as a
director.
Added by Acts 2009, 81st Leg., R.S., Ch.
1396, Sec. 1, eff. June 19, 2009.
Sec. 8852.053. COMPENSATION; REIMBURSEMENT. (a)
Notwithstanding Section 36.060, Water Code, a director is not
entitled to receive compensation for performing the duties of a
director.
(b) A director is entitled to receive reimbursement for the
director's reasonable expenses incurred while engaging in
activities on behalf of the district in accordance with Sections
36.060(b) and (c), Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1396, Sec. 1, eff. June 19, 2009.
Sec. 8852.054. VACANCY. A vacancy in the office of director
shall be filled by appointment of the board in a manner
consistent with the representational requirements of Section
8852.051. The appointed director serves only for the remainder
of the unexpired term to which the director was appointed.
Added by Acts 2009, 81st Leg., R.S., Ch.
1396, Sec. 1, eff. June 19, 2009.
SUBCHAPTER D. POWERS AND DUTIES
Sec. 8852.101. GROUNDWATER CONSERVATION DISTRICT POWERS AND
DUTIES. Except as otherwise provided by this chapter, the
district has the powers and duties provided by the general law of
this state, including Chapter 36, Water Code, and Section 59,
Article XVI, Texas Constitution, applicable to groundwater
conservation districts.
Added by Acts 2009, 81st Leg., R.S., Ch.
1396, Sec. 1, eff. June 19, 2009.
Sec. 8852.102. CONTRACTS. The district may enter into a
contract with any person, public or private, for any purpose
authorized by law.
Added by Acts 2009, 81st Leg., R.S., Ch.
1396, Sec. 1, eff. June 19, 2009.
Sec. 8852.103. EXEMPTIONS FROM PERMIT REQUIREMENTS. (a)
Section 36.117, Water Code, applies to the district except that
for the purposes of applying that section to the district,
"domestic use" and "livestock use" have the meanings assigned by
Subsection (b).
(b) In this section:
(1) "Domestic use":
(A) means the use of groundwater by an individual or a household
to support domestic activities, including the use of groundwater
for:
(i) drinking, washing, or culinary purposes;
(ii) irrigating a lawn or a family garden or orchard;
(iii) watering domestic animals; or
(iv) water recreation, including aquatic and wildlife enjoyment;
and
(B) does not include the use of water:
(i) to support an activity for which consideration is given or
received or for which the product of the activity is sold; or
(ii) by or for a public water system.
(2) "Livestock use" means the use of groundwater for the
open-range watering of livestock, exotic livestock, game animals,
or fur-bearing animals. For purposes of this subdivision,
"livestock" and "exotic livestock" have the meanings assigned by
Sections 1.003 and 142.001, Agriculture Code, respectively, and
"game animal" and "fur-bearing animal" have the meanings assigned
by Sections 63.001 and 71.001, Parks and Wildlife Code,
respectively. Livestock use does not include use by or for a
public water system.
Added by Acts 2009, 81st Leg., R.S., Ch.
1396, Sec. 1, eff. June 19, 2009.
Sec. 8852.104. EFFECTS OF TRANSFER. (a) In reviewing a
proposed transfer of groundwater out of the district in
accordance with Section 36.122(f), Water Code, the district shall
determine whether the proposed transfer would have a negative
effect on:
(1) the availability of water in the district;
(2) the conditions of any aquifer that overlies the district;
(3) subsidence in the district;
(4) existing permit holders or other groundwater users in the
district; and
(5) any applicable approved regional water plan or certified
district management plan.
(b) If the district determines under Subsection (a) that the
transfer would have a negative effect, the district may, in
addition to the conditions authorized by Section 36.122, Water
Code, impose other requirements or limitations on the permit that
are designed to minimize the effect.
(c) Sections 36.122(c), (i), and (j), Water Code, do not apply
to a requirement or limitation imposed under this section.
(d) The district may impose a fee or surcharge as an export fee.
The restrictions under Section 36.122(e), Water Code, do not
apply to a fee or surcharge imposed under this subsection.
Added by Acts 2009, 81st Leg., R.S., Ch.
1396, Sec. 1, eff. June 19, 2009.
Sec. 8852.105. APPLICABILITY OF DISTRICT REGULATIONS.
Groundwater regulations adopted by the district under this
chapter apply to all persons except as exempted under Section
36.117, Water Code, or this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
1396, Sec. 1, eff. June 19, 2009.
Sec. 8852.106. NO EMINENT DOMAIN POWER. The district may not
exercise the power of eminent domain.
Added by Acts 2009, 81st Leg., R.S., Ch.
1396, Sec. 1, eff. June 19, 2009.
Sec. 8852.107. LANDOWNERS' RIGHTS. The rights of landowners and
their lessees and assigns in groundwater in the district are
recognized. Nothing in this chapter shall be construed to
deprive or divest the owners or their lessees and assigns of
their rights, subject to district rules.
Added by Acts 2009, 81st Leg., R.S., Ch.
1396, Sec. 1, eff. June 19, 2009.
Sec. 8852.108. LIMITATION ON RULEMAKING POWER NOT APPLICABLE.
Section 36.121, Water Code, does not apply to the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1396, Sec. 1, eff. June 19, 2009.
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 8852.151. REVENUE. To pay the maintenance and operating
costs of the district and to pay any bonds or notes issued by the
district, the district may impose ad valorem taxes at a rate not
to exceed three cents on each $100 of assessed valuation of
taxable property in the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1396, Sec. 1, eff. June 19, 2009.
Sec. 8852.152. GRANTS, GIFTS, AND DONATIONS. The district may
solicit and accept grants, gifts, and donations from any public
or private source.
Added by Acts 2009, 81st Leg., R.S., Ch.
1396, Sec. 1, eff. June 19, 2009.
SUBCHAPTER F. DISSOLUTION
Sec. 8852.201. SUBCHAPTER CUMULATIVE. The provisions of this
subchapter are cumulative of the provisions of Subchapter I,
Chapter 36, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1396, Sec. 1, eff. June 19, 2009.
Sec. 8852.202. DISSOLUTION BY ELECTION. (a) After January 1,
2016, the board shall order an election on the question of
dissolving the district if the board receives a petition
requesting that an election be held for that purpose that is
signed by at least 15 percent of the district's registered
voters.
(b) Not later than the 30th day after the date the board
receives the petition, the directors shall:
(1) validate the signatures on the petition; and
(2) if the signatures are validated, order an election on the
next uniform election date under Section 41.001, Election Code.
(c) The order calling the election must state the nature of the
election, including the proposition that is to appear on the
ballot.
Added by Acts 2009, 81st Leg., R.S., Ch.
1396, Sec. 1, eff. June 19, 2009.
Sec. 8852.203. NOTICE OF ELECTION. Notice of an election under
this subchapter must be provided by posting a copy of the order
calling the election in at least one conspicuous place for at
least 10 days before the day of the election at the county
courthouse in Brooks County, Jim Hogg County, Jim Wells County,
and Hidalgo County.
Added by Acts 2009, 81st Leg., R.S., Ch.
1396, Sec. 1, eff. June 19, 2009.
Sec. 8852.204. BALLOT. The ballot for an election under this
subchapter must be printed to permit voting for or against the
proposition: "The dissolution of the Brush Country Groundwater
Conservation District."
Added by Acts 2009, 81st Leg., R.S., Ch.
1396, Sec. 1, eff. June 19, 2009.
Sec. 8852.205. ELECTION RESULTS; DISPOSITION OF ASSETS. If a
majority of the votes in an election under this subchapter favor
dissolution:
(1) the board shall find that the district is dissolved; and
(2) Section 36.310, Water Code, applies for the purpose of
disposition of the district's assets.
Added by Acts 2009, 81st Leg., R.S., Ch.
1396, Sec. 1, eff. June 19, 2009.