2005 Texas Special Districts Code CHAPTER 8807. LOWER TRINITY GROUNDWATER CONSERVATION DISTRICT

SPECIAL DISTRICT LOCAL LAWS CODE

CHAPTER 8807. LOWER TRINITY GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS


	§ 8807.001. 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 Lower Trinity Groundwater 
Conservation District.  

Added by Acts 2005, 79th Leg., ch. 863, § 1, eff. June 17, 2005.           


	§ 8807.002. NATURE OF DISTRICT.  The district is a 
groundwater conservation district in Liberty, Polk, and San Jacinto 
Counties created under and essential to accomplish the purposes of 
Section 59, Article XVI, Texas Constitution.

Added by Acts 2005, 79th Leg., ch. 863, § 1, eff. June 17, 2005.           


	§ 8807.003. CONFIRMATION ELECTION REQUIRED.  If the 
creation of the district is not confirmed at a confirmation 
election held under Section 8807.023 before September 1, 2007:
		(1)  the district is dissolved on September 1, 2007, 
except that:           
			(A)  any debts incurred shall be paid;                                       
			(B)  any assets that remain after the payment of 
debts shall be transferred to each county in proportion to the 
contribution of money made;  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 on September 1, 2010.                               

Added by Acts 2005, 79th Leg., ch. 863, § 1, eff. June 17, 2005.           


	§ 8807.004. INITIAL DISTRICT TERRITORY.  (a) Except as 
provided by Subsection (b), the initial boundaries of the district 
are coextensive with the boundaries of Liberty, Polk, and San 
Jacinto Counties.
	(b)  If the creation of the district is not confirmed by the 
voters of a county at an election held under Section 8807.023, that 
county is not included in the district.

Added by Acts 2005, 79th Leg., ch. 863, § 1, eff. June 17, 2005.           


	§ 8807.005. ADDITION OF ADJACENT COUNTY TO DISTRICT.  (a) 
A county adjoining the district may petition to join the district by 
resolution of the county commissioners court.
	(b)  If, after a hearing on the resolution, the board finds 
that the addition of the county would benefit the district and the 
county to be added, the board by resolution may approve the addition 
of the county to the district.
	(c)  The addition of a county under this section is not final 
until approved by the voters in the county to be added at an 
election held for that purpose.
	(d)  The ballots for the election shall be printed to permit 
voting for or against the proposition:  "The addition of (county's 
name) to the Lower Trinity Groundwater Conservation District."
	(e)  If a majority of the votes are cast in favor of the 
addition of the county to the district, the county is added to the 
district, and the district boundaries are adjusted accordingly.  If 
less than a majority of the votes are cast in favor of the addition 
of the county to the district, the county is not added to the 
district.

Added by Acts 2005, 79th Leg., ch. 863, § 1, eff. June 17, 2005.           


	§ 8807.006. 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 2005, 79th Leg., ch. 863, § 1, eff. June 17, 2005.           

SUBCHAPTER A1. TEMPORARY PROVISIONS


	§ 8807.021. TEMPORARY DIRECTORS.                                            

Text of section effective until September 1, 2010
	(a)  Not later than the 45th day after the effective date of 
the Act creating this chapter, temporary directors shall be 
appointed in the same manner as provided by Section 8807.052(a) for 
permanent directors.
	(b)  If the voters of one county do not confirm the creation 
of the district under Section 8807.023:
		(1)  the directors appointed from that county and the 
director appointed jointly by the commissioners courts of all three 
counties are not eligible to serve as directors of the district;  
and
		(2)  the commissioners courts in the counties in which 
the creation of the district is confirmed shall jointly appoint one 
additional director to represent the forestry, agricultural, or 
landowner groundwater interests of both counties.
	(c)  If the voters of two counties do not confirm the 
creation of the district under Section 8807.023:
		(1)  the directors appointed from those counties and 
the director appointed jointly by the commissioners courts of all 
three counties are not eligible to serve as directors of the 
district;  and
		(2)  the commissioners court in the county in which the 
creation of the district is confirmed shall appoint one additional 
director to represent the forestry, agricultural, or landowner 
groundwater interests of that county.
	(d)  If there is a vacancy on the temporary board of 
directors, the governing body of each entity that appointed the 
director who vacated the office shall appoint a person to fill the 
vacancy.
	(e)  Temporary directors serve until the earlier of:                           
		(1)  the time the temporary directors become initial 
directors as provided by Section 8807.024;  or
		(2)  the date this chapter expires under Section 
8807.003.                  

Added by Acts 2005, 79th Leg., ch. 863, § 1, eff. June 17, 2005.           


	§ 8807.022. ORGANIZATIONAL MEETING OF TEMPORARY 
DIRECTORS.                

Text of section effective until September 1, 2010
	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 in the district agreeable to a majority of 
the directors.  If an agreement on location cannot be reached, the 
organizational meeting shall be at the Polk County Courthouse.

Added by Acts 2005, 79th Leg., ch. 863, § 1, eff. June 17, 2005.           


	§ 8807.023. CONFIRMATION ELECTION.                                          

Text of section effective until September 1, 2010
	(a)  The temporary directors shall hold an election on the 
same date in Liberty, Polk, and San Jacinto Counties to confirm the 
creation of the district.
	(b)  Except as provided by this section, a confirmation 
election must be conducted as provided by Sections 36.017, 36.018, 
and 36.019, Water Code, and by the Election Code.  The provision 
under Section 36.017(d), Water Code, relating to the election of 
permanent directors does not apply to a confirmation election under 
this section.

Added by Acts 2005, 79th Leg., ch. 863, § 1, eff. June 17, 2005.           


	§ 8807.024. INITIAL DIRECTORS.                                              

Text of section effective until September 1, 2010
	(a)  If creation of the district is confirmed at an election 
held under Section 8807.023, the temporary directors of the 
district become the initial directors of the district and serve on 
the board of directors until permanent directors are appointed 
under Section 8807.052.
	(b)  If the district has seven initial directors:                              
		(1)  the terms of two initial directors expire December 
31, 2006;           
		(2)  the terms of two initial directors expire December 
31, 2007;  and      
		(3)  the terms of three initial directors, including 
the director who was appointed jointly by the three counties, 
expire December 31, 2008.
	(c)  If the district has five initial directors:                               
		(1)  the terms of one initial director from each county 
expire December 31, 2006;
		(2)  the terms of one initial director from each county 
expire December 31, 2007;  and
		(3)  the term of the initial director appointed jointly 
by the two counties expires on December 31, 2008.
	(d)  If the district has three initial directors, the term of 
one director will expire on December 31 in 2006, 2007, and 2008.
	(e)  The initial directors, excluding the director appointed 
jointly by the counties, shall draw lots to determine their terms.

Added by Acts 2005, 79th Leg., ch. 863, § 1, eff. June 17, 2005.           


	§ 8807.025. EXPIRATION OF SUBCHAPTER.                                       

Text of section effective until September 1, 2010
	This subchapter expires September 1, 2010.                                     

Added by Acts 2005, 79th Leg., ch. 863, § 1, eff. June 17, 2005.           

SUBCHAPTER B. BOARD OF DIRECTORS


	§ 8807.051. GOVERNING BODY.  The district is governed by 
a board of directors, which initially shall consist of not fewer 
than three and not more than seven directors, appointed as provided 
by Section 8807.052.

Added by Acts 2005, 79th Leg., ch. 863, § 1, eff. June 17, 2005.           


	§ 8807.052. APPOINTMENT OF DIRECTORS.  (a) If the voters 
in Liberty, Polk, and San Jacinto Counties confirm the creation of 
the district, seven directors shall be appointed as follows:
		(1)  the Liberty County Commissioners Court shall 
appoint one director to represent the rural water utilities or the 
forestry or agricultural groundwater supply interests of the 
county;
		(2)  the Polk County Commissioners Court shall appoint 
one director to represent the rural water utilities or the large 
industrial groundwater supply interests of the county;
		(3)  the San Jacinto County Commissioners Court shall 
appoint one director to represent the rural water utilities or the 
forestry or agricultural groundwater supply interests of the 
county;
		(4)  the incorporated municipalities of Liberty County 
shall jointly appoint one director;
		(5)  the incorporated municipalities of Polk County 
shall jointly appoint one director;
		(6)  the incorporated municipalities of San Jacinto 
County shall jointly appoint one director;  and
		(7)  the commissioners courts of Liberty, Polk, and San 
Jacinto Counties shall jointly appoint one director to represent 
the forestry, agricultural, or landowner groundwater interests of 
all three counties.
	(b)  If the voters in two counties confirm the creation of 
the district, five directors shall be appointed as follows:
		(1)  the commissioners court in each of those counties 
shall appoint a director as provided by Subsection (a);
		(2)  the incorporated municipalities in each of those 
counties shall appoint a director as provided by Subsection (a);  
and
		(3)  the commissioners courts of the two counties shall 
jointly appoint one director to represent the forestry, 
agricultural, or landowner groundwater interests of both counties.
	(c)  If the voters in only one county confirm the creation of 
the district, three directors shall be appointed as follows:
		(1)  the commissioners court of the county shall 
appoint a director as provided by Subsection (a);
		(2)  the incorporated municipalities in the county 
shall appoint a director as provided by Subsection (a);  and
		(3)  the commissioners court of the county shall 
appoint an additional director to represent the forestry, 
agricultural, or landowner groundwater interests of the county.

Added by Acts 2005, 79th Leg., ch. 863, § 1, eff. June 17, 2005.           


	§ 8807.053. CHANGE IN COMPOSITION;  ADDITIONAL 
COUNTY.  If a county is added to the district under Section 
8807.005, the board may change the number of directors so that an 
equal number of directors is appointed from each county and one 
director is appointed jointly by the counties in the district.

Added by Acts 2005, 79th Leg., ch. 863, § 1, eff. June 17, 2005.           


	§ 8807.054. TERMS.  Directors serve staggered three-year 
terms.           

Added by Acts 2005, 79th Leg., ch. 863, § 1, eff. June 17, 2005.           


	§ 8807.055. VACANCY;  RULES.  (a) If there is a vacancy on 
the board, the governing body of each entity that appointed the 
director who vacated shall appoint a director to serve the 
remainder of the term.
	(b)  The board shall adopt rules to establish when a vacancy 
has occurred.   

Added by Acts 2005, 79th Leg., ch. 863, § 1, eff. June 17, 2005.           


	§ 8807.056. PRESIDING OFFICER.  The jointly appointed 
director under Section 8807.052(a)(7) or (b)(3) or the additional 
director appointed under Section 8807.052(c)(3) shall serve as the 
presiding officer of the board.

Added by Acts 2005, 79th Leg., ch. 863, § 1, eff. June 17, 2005.           


	§ 8807.057. QUALIFICATIONS;  GROUNDWATER PRODUCER.  A 
person is not disqualified from serving as a director if that person 
is an employee, manager, director, or officer of a groundwater 
producer that is or may be regulated by the district.

Added by Acts 2005, 79th Leg., ch. 863, § 1, eff. June 17, 2005.           


	§ 8807.058. COMPENSATION;  REIMBURSEMENT.  (a) A director 
is not entitled to receive compensation for serving as a director.
	(b)  A director may receive reimbursement for actual, 
reasonable expenses incurred in the discharge of official duties.

Added by Acts 2005, 79th Leg., ch. 863, § 1, eff. June 17, 2005.           


	§ 8807.059. VOTING REQUIREMENT.  A majority vote of a 
quorum is required for board action.

Added by Acts 2005, 79th Leg., ch. 863, § 1, eff. June 17, 2005.           

SUBCHAPTER C. POWERS AND DUTIES


	§ 8807.101. PRODUCTION FEES.  (a) The district may assess 
reasonable fees on each well in the district.  The fee:
		(1)  must be based on the amount of water withdrawn from 
the well;  and     
		(2)  may not exceed 5 cents per 1,000 gallons of 
groundwater withdrawn for any purpose.
	(b)  This section does not apply to:                                           
		(1)  a well used exclusively for agriculture, as 
defined by Section 36.001, Water Code;  or
		(2)  an exempt well under Section 8807.102.                                   

Added by Acts 2005, 79th Leg., ch. 863, § 1, eff. June 17, 2005.           


	§ 8807.102. WELLS EXEMPT FROM REGULATION.  (a) The 
district may not require a permit for a well that is:
		(1)  used solely for domestic and livestock purposes;  
and                  
		(2)  incapable of producing more than 25,000 gallons of 
groundwater a day.  
	(b)  The district may not assess fees on a well that meets the 
criteria established under Section 36.117(b), Water Code.

Added by Acts 2005, 79th Leg., ch. 863, § 1, eff. June 17, 2005.           


	§ 8807.103. TAXES PROHIBITED.  The district may not 
impose a tax.         

Added by Acts 2005, 79th Leg., ch. 863, § 1, eff. June 17, 2005.           


	§ 8807.104. LIMIT ON ISSUANCE OF BONDS.  The district may 
not issue any bonds or other obligations that pledge revenue 
derived from district taxation.

Added by Acts 2005, 79th Leg., ch. 863, § 1, eff. June 17, 2005.           


	§ 8807.105. EMINENT DOMAIN.  The district may not 
exercise the power of eminent domain.

Added by Acts 2005, 79th Leg., ch. 863, § 1, eff. June 17, 2005.           


	§ 8807.106. LIMIT ON PURCHASE OF GROUNDWATER RIGHTS FOR 
CONSERVATION PURPOSES.  The district may purchase groundwater 
rights only if the purchased rights are acquired for conservation 
purposes and are held in trust permanently.

Added by Acts 2005, 79th Leg., ch. 863, § 1, eff. June 17, 2005.