2005 Texas Special Districts Code CHAPTER 8808. DUVAL COUNTY GROUNDWATER CONSERVATION DISTRICT

SPECIAL DISTRICT LOCAL LAWS CODE

CHAPTER 8808. DUVAL COUNTY GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS


	§ 8808.001. 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 Duval County Groundwater 
Conservation District.   

Added by Acts 2005, 79th Leg., ch. 450, § 1, eff. June 17, 2005.           


	§ 8808.002. NATURE OF DISTRICT.  The district is a 
groundwater conservation district in Duval County created under and 
essential to accomplish the purposes of Section 59, Article XVI, 
Texas Constitution.

Added by Acts 2005, 79th Leg., ch. 450, § 1, eff. June 17, 2005.           


	§ 8808.003. CONFIRMATION ELECTION REQUIRED.   If the 
creation of the district is not confirmed at a confirmation 
election held 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 Duval 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 on September 1, 2010.                               

Added by Acts 2005, 79th Leg., ch. 450, § 1, eff. June 17, 2005.           


	§ 8808.004. INITIAL DISTRICT TERRITORY.  The initial 
boundaries of the district are coextensive with the boundaries of 
Duval County, Texas.

Added by Acts 2005, 79th Leg., ch. 450, § 1, eff. June 17, 2005.           


	§ 8808.005. 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 2005, 79th Leg., ch. 450, § 1, eff. June 17, 2005.           

SUBCHAPTER A-1. TEMPORARY PROVISIONS


	§ 8808.021. APPOINTMENT OF TEMPORARY DIRECTORS.                             

Text of section effective until September 1, 2010.
	(a)  Not later than the 45th day after the effective date of 
this chapter, five temporary directors shall be appointed as 
follows:
		(1)  the Duval 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 precinct in which the temporary director 
resides;  and
		(2)  the county judge of Duval County shall appoint one 
temporary director who resides in the district to represent the 
district at large.
	(b)  If there is a vacancy on the temporary board of 
directors of the district, the remaining temporary directors shall 
appoint a person to fill the vacancy in a manner that meets the 
representational requirements of this section.
	(c)  Temporary directors serve until the earlier of:                           
		(1)  the time the temporary directors become initial 
directors as provided by Section 8808.024;  or
		(2)  the date this chapter expires under Section 
8808.003.                  

Added by Acts 2005, 79th Leg., ch. 450, § 1, eff. June 17, 2005.           


	§ 8808.022. 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 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 Duval County Courthouse.

Added by Acts 2005, 79th Leg., ch. 450, § 1, eff. June 17, 2005.           


	§ 8808.023. CONFIRMATION ELECTION.                                          

Text of section effective until September 1, 2010.
	(a)  The temporary directors shall hold an election to 
confirm the creation of the 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, a confirmation 
election 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 a confirmation election under this 
section.

Added by Acts 2005, 79th Leg., ch. 450, § 1, eff. June 17, 2005.           


	§ 8808.024. INITIAL DIRECTORS.                                              

Text of section effective until September 1, 2010.
	(a)  If creation of the district is confirmed at an election 
held under Section 8808.023, the temporary directors of the 
district become the initial directors of the district and serve on 
the board of directors until permanent directors are elected under 
Section 8808.025.
	(b)  The initial directors for county precincts 2 and 3 serve 
a term expiring June 1 following the first regularly scheduled 
election of directors under Section 8808.025, and the initial 
directors for county precincts 1 and 4 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 2005, 79th Leg., ch. 450, § 1, eff. June 17, 2005.           


	§ 8808.025. INITIAL ELECTION OF PERMANENT DIRECTORS.                        

Text of section effective until September 1, 2010.
	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 8808.024(b), serve a term expiring June 1 following that 
election.

Added by Acts 2005, 79th Leg., ch. 450, § 1, eff. June 17, 2005.           


	§ 8808.026. EXPIRATION OF SUBCHAPTER.                                       

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

Added by Acts 2005, 79th Leg., ch. 450, § 1, eff. June 17, 2005.           

SUBCHAPTER B. BOARD OF DIRECTORS


	§ 8808.051. 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 2005, 79th Leg., ch. 450, § 1, eff. June 17, 2005.           


	§ 8808.052. 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 2005, 79th Leg., ch. 450, § 1, eff. June 17, 2005.           


	§ 8808.053. 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 2005, 79th Leg., ch. 450, § 1, eff. June 17, 2005.           


	§ 8808.054. 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 2005, 79th Leg., ch. 450, § 1, eff. June 17, 2005.           

SUBCHAPTER C. POWERS AND DUTIES


	§ 8808.101. COURT-APPOINTED RECEIVER.  The district may 
serve as the court-appointed receiver in a matter determined by a 
court concerning the disposition of assets of any other district 
authorized by Section 52(b)(1) or (2), Article III, or Section 59, 
Article XVI, Texas Constitution, including a municipal utility 
district or a water control and improvement district in Duval 
County.

Added by Acts 2005, 79th Leg., ch. 450, § 1, eff. June 17, 2005.           


	§ 8808.102. POWER TO CONTRACT WITH MUNICIPAL UTILITY 
DISTRICTS.  The district may enter into a contract with a municipal 
utility district in Duval County to assume the functions of the 
municipal utility district.  A contract under this section may 
include provisions for the district's:
		(1)  assumption of the debts, liabilities, and 
obligations of the municipal utility district;
		(2)  ownership or use of the assets and facilities of 
the municipal utility district;  and
		(3)  performance of the functions and services 
previously provided by the municipal utility district.

Added by Acts 2005, 79th Leg., ch. 450, § 1, eff. June 17, 2005.           


	§ 8808.103. RELATION TO OTHER WATER-RELATED 
ENTITIES.  (a) To the extent that a rule of the district conflicts 
with a rule of a water control and improvement district, the rule of 
the water control and improvement district controls.
	(b)  To the extent that a rule of the district conflicts with 
a rule of a municipal utility district, the rule of the municipal 
utility district controls.
	(c)  Notwithstanding Subsections (a) and (b), to the extent 
that a rule of the district concerning groundwater conflicts with a 
rule of a water control and improvement district or a municipal 
utility district whose territory is located wholly or partly in the 
district's territory, the rule of the district controls.

Added by Acts 2005, 79th Leg., ch. 450, § 1, eff. June 17, 2005.           

SUBCHAPTER D. MERGER WITH WATER CONTROL AND IMPROVEMENT DISTRICT


	§ 8808.151. DEFINITIONS.  In this subchapter:                               
		(1)  "Commission" means the Texas Commission on 
Environmental Quality.      
		(2)  "Directors" means the board of directors of a 
water control and improvement district.

Added by Acts 2005, 79th Leg., ch. 450, § 1, eff. June 17, 2005.           


	§ 8808.152. AUTHORITY FOR AGREEMENT FOR MERGER;  
PROVISIONS.  (a) Subject to Sections 8808.153, 8808.154, and 
8808.155, the district may enter into a merger agreement with a 
water control and improvement district in Duval County.
	(b)  The merger agreement must include provisions for:                         
		(1)  the district's assumption of the debts, 
liabilities, and obligations of the water control and improvement 
district;
		(2)  the district's assumption of the ownership of the 
assets and facilities of the water control and improvement 
district;
		(3)  the assignment to the district of the certificate 
of public convenience and necessity obtained by the water control 
and improvement district under Subchapter G, Chapter 13, Water 
Code, and any right obtained under the certificate;
		(4)  the district's performance of the functions and 
services previously provided by the water control and improvement 
district;  and
		(5)  the dissolution of the water control and 
improvement district.         

Added by Acts 2005, 79th Leg., ch. 450, § 1, eff. June 17, 2005.           


	§ 8808.153. BOARD AND DIRECTORS APPROVAL OF MERGER 
AGREEMENT.  Before an election to confirm a proposed merger 
agreement described by Section 8808.152 may be held, the board and 
the directors must each approve the proposed merger agreement in 
accordance with the laws, rules, and procedures applicable to the 
district and the water control and improvement district.

Added by Acts 2005, 79th Leg., ch. 450, § 1, eff. June 17, 2005.           


	§ 8808.154. COMMISSION DETERMINATION OF DISTRICT 
CAPABILITY FOR SERVICE.  Before an election to confirm a proposed 
merger agreement described by Section 8808.152 may be held, the 
commission must determine that the district is capable of rendering 
adequate and continuous service as required by Section 13.251, 
Water Code.

Added by Acts 2005, 79th Leg., ch. 450, § 1, eff. June 17, 2005.           


	§ 8808.155. ELECTION TO CONFIRM MERGER AGREEMENT.  (a) 
Before a proposed merger agreement described by Section 8808.152 
may take effect, the board shall hold an election to confirm the 
agreement.
	(b)  The election must be held on the first authorized 
uniform election date after the board and the directors approve the 
proposed merger agreement that allows sufficient time for the board 
to comply with all applicable provisions of the Election Code.

Added by Acts 2005, 79th Leg., ch. 450, § 1, eff. June 17, 2005.           


	§ 8808.156. BALLOTS FOR ELECTION.  The ballot for an 
election under Section 8808.155 shall read as follows:
	"By voting YES on this ballot, you are voting in favor of the 
proposed merger agreement between the (name of water control and 
improvement district) and the Duval County Groundwater 
Conservation District under which the debts, liabilities, 
obligations, assets, and facilities of (name of water control and 
improvement district) are to be transferred to the district, the 
district is to perform the functions and services previously 
provided by the (name of water control and improvement district), 
and the (name of water control and improvement district) is to be 
dissolved.  By voting NO on this ballot, you are voting against the 
proposed merger agreement."

Added by Acts 2005, 79th Leg., ch. 450, § 1, eff. June 17, 2005.           


	§ 8808.157. ELECTION RESULTS FOR MERGER WITH WATER 
CONTROL AND IMPROVEMENT DISTRICT.  (a) If a majority of the voters 
voting in an election under Section 8808.155 both in the area of the 
water control and improvement district and in the territory of the 
district outside that area vote in favor of the ballot proposition, 
the proposed merger agreement takes effect.
	(b)  If a majority of the voters voting in an election under 
Section 8808.155 either in the area of the water control and 
improvement district or in the territory of the district outside 
that area do not vote in favor of the ballot proposition:
		(1)  the proposed merger agreement does not take 
effect;  and               
		(2)  the board may not hold a subsequent election to 
confirm a proposed merger agreement between the same water control 
and improvement district and the district before the first 
anniversary of the election date.

Added by Acts 2005, 79th Leg., ch. 450, § 1, eff. June 17, 2005.           


	§ 8808.158. FILING REQUIREMENT.  If a proposed merger 
agreement is confirmed at an election under Section 8808.155, not 
later than the 15th day after the date of the election the board 
shall file with the commission and in the deed records of Duval 
County a copy of:
		(1)  the merger agreement;                                                    
		(2)  the resolutions or other actions taken by the 
board and the directors approving the merger agreement under 
Section 8808.153;  and
		(3)  the election results.                                                    

Added by Acts 2005, 79th Leg., ch. 450, § 1, eff. June 17, 2005.