For contingent expiration of this chapter, see Section 8860.003.

CHAPTER 8860. CALHOUN COUNTY GROUNDWATER

CONSERVATION DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

  1. Sec. 8860.001. DEFINITIONS. In this chapter:
    1. (1) "Board" means the board of directors of the district.
    2. (2) "Director" means a board member.
    3. (3) "District" means the Calhoun County Groundwater Conservation District.
    Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.
  1. Sec. 8860.002. NATURE OF DISTRICT. The district is a groundwater conservation district in Calhoun County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
  2. Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.
  1. Sec. 8860.003. CONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation election held under Section 8860.022 before December 31, 2016:
    1. (1) the district is dissolved on December 31, 2016, except that the district shall:
      1. (A) pay any debts incurred;
      2. (B) transfer to Calhoun County any assets that remain after the payment of debts; and
      3. (C) maintain the organization of the district until all debts are paid and remaining assets are transferred; and
    2. (2) this chapter expires September 1, 2018.
    Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.
  1. Sec. 8860.004. LEGISLATIVE FINDINGS. (a) The organization of the district is feasible and practicable.
  2. (b) All land in and residents of the district will benefit from the creation of the district.
  3. (c) The creation of the district is a public necessity and will provide a public benefit.
  4. Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.
  1. Sec. 8860.005. INITIAL DISTRICT TERRITORY. The initial boundaries of the district are coextensive with the boundaries of Calhoun County.
  2. Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.

For expiration of this subchapter, see Section 8860.024.

SUBCHAPTER A-1. TEMPORARY PROVISIONS

  1. Sec. 8860.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a) Not later than September 11, 2011, the Calhoun County Commissioners Court shall appoint five temporary directors as follows:
    1. (1) one temporary director from each of the four commissioners precincts in the county to represent the precincts in which the temporary directors reside; and
    2. (2) one temporary director who resides in the district to represent the district at large.
  2. (b) If a temporary director fails to qualify for office or a vacancy occurs on the temporary board, the remaining temporary directors shall appoint a qualified person to fill the vacancy. If at any time there are fewer than three qualified temporary directors, the Calhoun County Commissioners Court shall appoint the necessary number of persons to fill all vacancies on the board.
  3. (c) The temporary directors shall select from among themselves a president, a vice president, and a secretary.
  4. (d) Temporary directors serve until the earlier of:
    1. (1) the date the creation of the district is confirmed at an election held under Section 8860.022; or
    2. (2) September 1, 2015.
  5. (e) If the creation of the district has not been confirmed under Section 8860.022 and the terms of the temporary directors have expired, successor temporary directors shall be appointed in the manner provided by Subsection (a) to serve terms that expire on the earliest of:
    1. (1) the date the district's creation is confirmed at an election held under Section 8860.022;
    2. (2) the date the requirements of Section 8860.003(1) are fulfilled; or
    3. (3) September 1, 2018.
    Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.
  1. Sec. 8860.022. CONFIRMATION ELECTION. (a) The temporary directors shall meet and shall order an election to be held in the district not later than December 31, 2016, to confirm the creation of the district.
  2. (b) The ballot for the election shall be printed to provide for voting for or against the proposition: "The creation of the Calhoun County Groundwater Conservation District." The ballot may also include a provision to vote for or against the district's imposition of a tax not to exceed two cents on each $100 valuation of taxable property in the district or a fee to pay the maintenance and operating costs of the district.
  3. (c) The temporary board may include other propositions on the ballot that the board considers necessary.
  4. (d) Section 41.001(a), Election Code, does not apply to an election held under this section.
  5. (e) If a majority of the votes cast at the election are in favor of confirming the district's creation, the temporary directors shall declare the district created. If a majority of the votes cast are not in favor of confirming the district's creation, the district's creation is not confirmed. The temporary directors shall file a copy of the election results with the Texas Commission on Environmental Quality.
  6. (f) If the district's creation is not confirmed at an election held under this section, the temporary directors may order one or more subsequent elections to be held to confirm the creation of the district not earlier than the first anniversary of the preceding confirmation election. If the district's creation is not confirmed at an election held under this section on or before December 31, 2016, the district is dissolved in accordance with Section 8860.003.
  7. Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.
    Amended by:
    Acts 2013, 83rd Leg., R.S., Ch. 819 (S.B. 1835), Sec. 1, eff. June 14, 2013.
  1. Sec. 8860.023. INITIAL DIRECTORS. (a) If the creation of the district is confirmed at an election held under Section 8860.022, the temporary directors become the initial directors and serve for the terms provided by Subsection (b).
  2. (b) The initial directors representing commissioners precincts 1 and 3 serve a term expiring on December 31 following the expiration of two years after the date of the confirmation election, and the initial directors representing commissioners precincts 2 and 4 and the at-large director serve a term expiring on December 31 following the expiration of four years after the date of the confirmation election.
  3. Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.
  1. Sec. 8860.024. EXPIRATION OF SUBCHAPTER. This subchapter expires September 1, 2018.
  2. Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.

SUBCHAPTER B. BOARD OF DIRECTORS

  1. Sec. 8860.051. GOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors.
  2. (b) Directors serve staggered four-year terms, with two or three directors' terms expiring December 31 of each even-numbered year.
  3. Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.
  1. Sec. 8860.052. METHOD OF ELECTING DIRECTORS: COMMISSIONERS PRECINCTS. (a) The directors of the district are elected according to the commissioners precinct method as provided by this section.
  2. (b) One director is elected by the voters of the entire district, and one director is elected from each county commissioners precinct by the voters of that precinct.
  3. (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.
  4. (d) A person shall indicate on the application for a place on the ballot:
    1. (1) the precinct that the person seeks to represent; or
    2. (2) that the person seeks to represent the district at large.
  5. (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 director's residence outside the precinct for which the director was elected or appointed.
  6. Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.
  1. Sec. 8860.053. 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 November of each even-numbered year.
  2. Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.
  1. Sec. 8860.054. VACANCIES. If a vacancy occurs on the board, the remaining directors shall appoint a person to fill the vacancy until the next regularly scheduled election of directors. If the position is not scheduled to be filled at the election, the person elected serves only for the remainder of the unexpired term.
  2. Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.
  1. Sec. 8860.055. COMPENSATION; EXPENSES. (a) A director is not entitled to receive compensation for performing the duties of a director.
  2. (b) The board may authorize a director to receive reimbursement for the director's reasonable expenses incurred while engaging in activities on behalf of the district.
  3. Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.

SUBCHAPTER C. POWERS AND DUTIES

  1. Sec. 8860.101. 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, applicable to groundwater conservation districts created under Section 59, Article XVI, Texas Constitution.
  2. Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.
  1. Sec. 8860.102. CERTAIN PERMIT DENIALS PROHIBITED. The district may not deny the owner of a tract of land, or the owner's lessee, who does not have a well equipped to produce more than 25,000 gallons each day on the tract, either a permit to drill a well on the tract or the privilege to produce groundwater from the tract, subject to district rules.
  2. Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.
  1. Sec. 8860.103. MITIGATION ASSISTANCE. In addition to the authority granted by Chapter 36, Water Code, the district may assist in the mediation between landowners regarding the loss of existing groundwater supply of exempt domestic and livestock users due to the groundwater pumping of others.
  2. Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.
  1. Sec. 8860.104. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain.
  2. Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

  1. Sec. 8860.151. FEES. (a) The board by rule may impose a reasonable fee on each well for which a permit is issued by the district and that is not exempt from regulation by the district. The fee may be based on:
    1. (1) the size of column pipe used by the well; or
    2. (2) the actual, authorized, or anticipated amount of water to be withdrawn from the well.
  2. (b) In addition to a fee imposed under Subsection (a), the district may impose a reasonable fee or surcharge for an export fee using one of the following methods:
    1. (1) a fee negotiated between the district and the transporter; or
    2. (2) a combined production and export fee.
  3. (c) Fees authorized by this section may be assessed annually and may be used to fund the cost of district operations.
  4. Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.
  1. Sec. 8860.152. LIMITATION ON TAXES. The district may not impose an ad valorem tax at a rate that exceeds two cents on each $100 valuation of taxable property in the district, and any tax imposed under this section must first be approved by the voters of the district at the election held to confirm the creation of the district or at a separate election held in accordance with Section 36.201, Water Code.
  2. Added by Acts 2011, 82nd Leg., R.S., Ch. 1091 (S.B. 1290), Sec. 1, eff. September 1, 2011.
    Amended by:
    Acts 2013, 83rd Leg., R.S., Ch. 819 (S.B. 1835), Sec. 2, eff. June 14, 2013.

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