2005 Texas Special Districts Code CHAPTER 8802. BARTON SPRINGS-EDWARDS AQUIFER CONSERVATION DISTRICT

SPECIAL DISTRICT LOCAL LAWS CODE

CHAPTER 8802. BARTON SPRINGS-EDWARDS AQUIFER CONSERVATION DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS


	§ 8802.001. DEFINITIONS.  In this chapter:                                  
		(1)  "Board" means the board of directors of the 
district.                  
		(2)  "District" means the Barton Springs-Edwards 
Aquifer Conservation District.

Added by Acts 2005, 79th Leg., ch. 729, § 1.07, eff. April 1, 
2007.      


	§ 8802.002. LEGISLATIVE FINDINGS.  The legislature finds 
that the creation of the district:
		(1)  is feasible and practicable;                                             
		(2)  will be a benefit to land in the district;  and                          
		(3)  will be a public benefit and utility.                                    

Added by Acts 2005, 79th Leg., ch. 729, § 1.07, eff. April 1, 
2007.      


	§ 8802.003. DISTRICT TERRITORY.  The district is composed 
of the territory described by the Texas Water Commission's August 
15, 1986, order, as that territory may have been modified under:
		(1)  Subchapter J, Chapter 36, Water Code;  or                                
		(2)  other law.                                                               

Added by Acts 2005, 79th Leg., ch. 729, § 1.07, eff. April 1, 
2007.      


	§ 8802.004. EFFECT ON CERTAIN LITIGATION.  This chapter 
does not adversely affect the rights of any parties involved in 
litigation on or before February 1, 1987, with the Texas Water 
Commission or the petitioners for the creation of the district.

Added by Acts 2005, 79th Leg., ch. 729, § 1.07, eff. April 1, 
2007.      

SUBCHAPTER B. BOARD OF DIRECTORS


	§ 8802.051. DIRECTORS;  TERMS.  (a) The district is 
governed by a board of five directors who serve staggered four-year 
terms.
	(b)  At least two directors must be elected by voters 
residing in the city of Austin.

Added by Acts 2005, 79th Leg., ch. 729, § 1.07, eff. April 1, 
2007.      


	§ 8802.052. ELECTION DATE.  An election shall be held to 
elect the appropriate number of directors on the spring uniform 
election date each even-numbered year.

Added by Acts 2005, 79th Leg., ch. 729, § 1.07, eff. April 1, 
2007.      


	§ 8802.053. SINGLE-MEMBER DISTRICTS.  (a) The district is 
divided into five numbered, single-member districts for electing 
directors.
	(b)  The board may revise the single-member districts as 
necessary or appropriate.
	(c)  As soon as practicable after the publication of each 
federal decennial census, the board shall revise the single-member 
districts as the board considers appropriate to reflect population 
changes.  When the board revises the single-member districts under 
this subsection, the board shall place two of the districts:
		(1)  entirely within the boundaries of the city of 
Austin, as those boundaries exist at that time;  or
		(2)  within the boundaries of the city of Austin, as 
those boundaries exist at that time, but also including 
unincorporated areas or other municipalities that are surrounded 
wholly or partly by the boundaries of the city of Austin if the 
areas or municipalities are noncontiguous to the territory of any 
other single-member district.
	(d)  Changes in the boundaries of the city of Austin between 
revisions of the single-member districts under Subsection (c) do 
not affect the boundaries of the single-member districts.
	(e)  When the boundaries of the single-member districts are 
changed, a director in office on the effective date of the change, 
or elected or appointed before the effective date of the change to a 
term of office beginning on or after the effective date of the 
change, is entitled to serve the term or the remainder of the term 
in the single-member district to which elected or appointed even 
though the change in boundaries places the person's residence 
outside the single-member district for which the person was elected 
or appointed.

Added by Acts 2005, 79th Leg., ch. 729, § 1.07, eff. April 1, 
2007.      

SUBCHAPTER C. POWERS AND DUTIES


	§ 8802.101. GENERAL POWERS AND DUTIES.  Except as 
otherwise provided by this chapter, the district has the powers and 
duties provided by Chapter 36, Water Code, for groundwater 
conservation districts.

Added by Acts 2005, 79th Leg., ch. 729, § 1.07, eff. April 1, 
2007.      


	§ 8802.102. RULES REGULATING ZONING AND SUBDIVISION OF 
LAND PROHIBITED.  The district may not adopt rules regulating 
zoning or the subdivision of land.

Added by Acts 2005, 79th Leg., ch. 729, § 1.07, eff. April 1, 
2007.      


	§ 8802.103. IMPOSITION OF TAXES.  (a) The district may 
impose an ad valorem tax as provided by Subchapter G, Chapter 36, 
Water Code, only if:
		(1)  the user fee authorized by this subchapter is held 
unconstitutional by the Texas Supreme Court;  and
		(2)  a majority of the voters approve the tax at an 
election held in the district.
	(b)  The district may impose the ad valorem tax at a rate not 
to exceed three cents on each $100 of appraised value.

Added by Acts 2005, 79th Leg., ch. 729, § 1.07, eff. April 1, 
2007.      


	§ 8802.104. USER FEES.  (a) The board by rule may impose 
reasonable fees on each well for which the district issues a permit 
and which is not exempt from regulation by the district.
	(b)  The board may assess the fees on an annual basis 
according to:          
		(1)  the size of column pipe used in the well;                                
		(2)  the production capacity of the well;  or                                 
		(3)  the actual, authorized, or anticipated pumpage of 
the well.            
	(c)  The board may use fees as both a regulatory mechanism 
and a revenue-producing mechanism.
	(d)  The board shall adopt rules relating to:                                  
		(1)  the rates of fees;                                                       
		(2)  the manner and form for filing reports of fees;  
and                   
		(3)  the manner of collecting fees.                                           
	(e)  The district may use money collected from fees to:                        
		(1)  manage and operate the district;  and                                    
		(2)  pay all or part of the principal of and interest on 
district bonds or notes.

Added by Acts 2005, 79th Leg., ch. 729, § 1.07, eff. April 1, 
2007.      


	§ 8802.105. CERTAIN WATER USE FEES PERMITTED.  Each year 
the board may assess against the City of Austin a water use fee in an 
amount not to exceed 40 percent of the total funding of the district 
received from water use fees assessed against Austin and other 
nonexempt users in that year.

Added by Acts 2005, 79th Leg., ch. 729, § 1.07, eff. April 1, 
2007.      


	§ 8802.106. PRODUCTION CAPACITY OF CERTAIN EXEMPT 
WELLS.  Notwithstanding the 25,000-gallon production capacity 
restriction provided by Section 36.117(b)(1), Water Code, a well in 
the district is exempt under Section 36.117, Water Code, only if the 
production capacity of the well is 10,000 gallons per day or less.

Added by Acts 2005, 79th Leg., ch. 729, § 1.07, eff. April 1, 
2007.      


	§ 8802.107. ENFORCEMENT.  (a) If it appears that a person 
has violated, is violating, or is threatening to violate Chapter 
36, Water Code, or a district permit, rule, or order, the district 
may file a civil suit in a district court of the county in which the 
violation occurs to obtain:
		(1)  injunctive relief to restrain the person from 
continuing the violation;
		(2)  a civil penalty of not less than $50 or more than 
$1,000 for each violation and for each day of violation;  or
		(3)  both injunctive relief and a civil penalty.                              
	(b)  On application for injunctive relief under Subsection 
(a)(1) and a finding that a person is violating or threatening to 
violate this chapter or a district permit, rule, or order, the 
district court shall grant injunctive relief as the facts may 
warrant.
	(c)  Any legal action initiated under this section to obtain 
penalties must be authorized by a resolution of the board or by the 
district's general manager, if authorized by the board.
	(d)  In a civil suit filed under this section, the district:                   
		(1)  is not required to post bond or other security;  
and                   
		(2)  may recover reasonable attorney's fees and expert 
witness's fees.      
	(e)  The remedies provided by this section are in addition to 
any remedies provided by other law.

Added by Acts 2005, 79th Leg., ch. 729, § 1.07, eff. April 1, 
2007.      


	§ 8802.108. BORROWING MONEY.  (a) The district may borrow 
money as provided by Sections 49.152-49.154, Water Code.
	(b)  The district may not borrow money for a period of more 
than one year.   

Added by Acts 2005, 79th Leg., ch. 729, § 1.07, eff. April 1, 
2007.      

SUBCHAPTER D. INCLUSION AND EXCLUSION OF LAND IN DISTRICT


	§ 8802.151. MUNICIPAL APPROVAL NOT REQUIRED.  Approval of 
inclusion of land in the district that is located in the corporate 
limits or extraterritorial jurisdiction of a municipality does not 
require the municipality's approval under Subchapter B, Chapter 42, 
Local Government Code.

Added by Acts 2005, 79th Leg., ch. 729, § 1.07, eff. April 1, 
2007.      


	§ 8802.152. EXCLUSION OF COUNTY AREA.  (a) The residents 
of any county area of the district, on petition of at least 15 
percent of the registered voters in that county area, may request 
that the board, in conjunction with the next regularly scheduled 
directors' election, hold a referendum to determine whether to 
exclude that county area from the district.
	(b)  The petition must be submitted to the board not later 
than the 45th day before the date of the election.
	(c)  The board shall call and add a referendum under this 
section to the ballot of the May directors' election in the county 
area.
	(d)  Exclusion of a county area from the district requires 
approval by a majority of the voters voting on the proposition:  
"The __________ county area of the Barton Springs-Edwards Aquifer 
Conservation District shall be excluded from the Barton 
Springs-Edwards Aquifer Conservation District."
	(e)  The exclusion of any county area from the district is 
effective on June 1 following approval of the referendum.  On and 
after that date:
		(1)  the boundaries of the district shall be redefined 
to exclude the county area;
		(2)  the imposition and collection of district taxes or 
user fees in the county area shall cease;
		(3)  the offices held by any directors elected from the 
county area shall terminate;  and
		(4)  any other matters provided by law or by agreement 
with any person affecting the authority and operations of the 
district shall be automatically redesignated and redefined to be 
consistent with the exclusion of the county area.

Added by Acts 2005, 79th Leg., ch. 729, § 1.07, eff. April 1, 
2007.      

SUBCHAPTER E. CONVERSION AND DISSOLUTION OF DISTRICT


	§ 8802.201. CONVERSION OF DISTRICT PROHIBITED.  The 
district may not be converted to any other type of conservation and 
reclamation district.

Added by Acts 2005, 79th Leg., ch. 729, § 1.07, eff. April 1, 
2007.      


	§ 8802.202. DISSOLUTION OF DISTRICT;  ELECTION.  (a) The 
board shall call a dissolution election if:
		(1)  the board receives a petition signed by a number of 
registered voters in the district equal to at least 30 percent of 
the voters in the district's most recent election;  and
		(2)  the district has no outstanding bonds or other 
long-term indebtedness. 
	(b)  The board shall dissolve the district if at least 
two-thirds of the voters voting in the election vote in favor of 
dissolving the district.

Added by Acts 2005, 79th Leg., ch. 729, § 1.07, eff. April 1, 
2007.