2005 Texas Special Districts Code CHAPTER 8812. VICTORIA COUNTY GROUNDWATER CONSERVATION DISTRICT

SPECIAL DISTRICT LOCAL LAWS CODE

CHAPTER 8812. VICTORIA COUNTY GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS


	§ 8812.001. 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 Victoria County Groundwater 
Conservation District.

Added by Acts 2005, 79th Leg., ch. 661, § 1, eff. Sept. 1, 2005.           


	§ 8812.002. NATURE OF DISTRICT.  The district is a 
groundwater conservation district in Victoria County created under 
and essential to accomplish the purposes of Section 59, Article 
XVI, Texas Constitution.

Added by Acts 2005, 79th Leg., ch. 661, § 1, eff. Sept. 1, 2005.           


	§ 8812.003. CONFIRMATION ELECTION REQUIRED.  If the 
creation of the district is not confirmed at a confirmation 
election held before September 1, 2010:
		(1)  the district is dissolved on September 1, 2010, 
except that:           
			(A)  any debts incurred shall be paid;                                       
			(B)  any assets that remain after the payment of 
debts shall be transferred to Victoria 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, 2013.                               

Added by Acts 2005, 79th Leg., ch. 661, § 1, eff. Sept. 1, 2005.           


	§ 8812.004. INITIAL DISTRICT TERRITORY.  The initial 
boundaries of the district are coextensive with the boundaries of 
Victoria County, Texas.

Added by Acts 2005, 79th Leg., ch. 661, § 1, eff. Sept. 1, 2005.           


	§ 8812.005. 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. 661, § 1, eff. Sept. 1, 2005.           

SUBCHAPTER A-1. TEMPORARY PROVISIONS


	§ 8812.021. APPOINTMENT OF TEMPORARY DIRECTORS.                             

Text of section effective until September 1, 2013
	(a)  Not later than the 10th day after September 1, 2005, the 
Victoria County Commissioners Court shall appoint five temporary 
directors as follows:
		(1)  one temporary director shall be appointed from 
each of the four commissioner precincts in the county to represent 
the precinct in which the temporary director resides;  and
		(2)  one temporary director who resides in the district 
shall be appointed 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 
select a qualified person to fill the vacancy.  If, at any time, 
there are fewer than three qualified temporary directors, the 
Victoria County Commissioners Court shall appoint the necessary 
number of persons to fill all vacancies on the board.
	(c)  To be eligible to serve as a temporary director, a 
person must be a resident of Victoria County and at least 18 years 
of age.
	(d)  Temporary directors serve until the earlier of:                           
		(1)  the time the temporary directors become initial 
directors as provided by Section 8812.024;  or
		(2)  the date this chapter expires under Section 
8812.003.                  

Added by Acts 2005, 79th Leg., ch. 661, § 1, eff. Sept. 1, 2005.           


	§ 8812.022. ORGANIZATIONAL MEETING OF TEMPORARY 
DIRECTORS.                

Text of section effective until September 1, 2013
	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 Victoria County 
Courthouse.  At the meeting, the temporary directors shall elect a 
chair, vice chair, and secretary from among the temporary 
directors.

Added by Acts 2005, 79th Leg., ch. 661, § 1, eff. Sept. 1, 2005.           


	§ 8812.023. CONFIRMATION ELECTION.                                          

Text of section effective until September 1, 2013
	(a)  Not later than the 30th day after September 1, 2005, the 
temporary board shall order an election to be held not later than 
the 120th day after September 1, 2005, 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)  The ballot for the election must be printed to permit 
voting for or against the following proposition:  "The creation of 
the Victoria County Groundwater Conservation District and the 
imposition of an ad valorem tax in the district at a rate not to 
exceed two cents for each $100 of assessed valuation."
	(d)  The temporary board may include any other proposition on 
the ballot that it considers necessary.
	(e)  Except as provided by this section, a confirmation 
election must be conducted as provided by Section 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.
	(f)  If the creation of the district is not confirmed at a 
confirmation election held under this section, the board may hold 
another confirmation election not sooner than the first anniversary 
of the most recent confirmation election.

Added by Acts 2005, 79th Leg., ch. 661, § 1, eff. Sept. 1, 2005.           


	§ 8812.024. INITIAL DIRECTORS.                                              

Text of section effective until September 1, 2013
	(a)  If creation of the district is confirmed at an election 
held under Section 8812.023, 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 8812.025.
	(b)  The directors for county commissioner precincts one and 
three serve until the first regularly scheduled election of 
directors under Section 8812.025.  The directors for precincts two 
and four and the director at large serve until the second regularly 
scheduled election of directors under Section 8812.025.

Added by Acts 2005, 79th Leg., ch. 661, § 1, eff. Sept. 1, 2005.           


	§ 8812.025. INITIAL ELECTION OF PERMANENT DIRECTORS.                        

Text of section effective until September 1, 2013
	On the uniform election date prescribed by Section 41.001, 
Election Code, in November of the first even-numbered year after 
the year in which the creation of the district is confirmed at an 
election held under Section 8812.023, an election shall be held in 
the district for the election of two directors to replace the 
initial directors who, under Section 8812.024(b), serve until that 
election.

Added by Acts 2005, 79th Leg., ch. 661, § 1, eff. Sept. 1, 2005.           


	§ 8812.026. EXPIRATION OF SUBCHAPTER.                                       

Text of section effective until September 1, 2013
	This subchapter expires September 1, 2013.                                     

Added by Acts 2005, 79th Leg., ch. 661, § 1, eff. Sept. 1, 2005.           

SUBCHAPTER B. BOARD OF DIRECTORS


	§ 8812.051. DIRECTORS;  TERMS.  (a) The district is 
governed by a board of five directors.
	(b)  Directors serve staggered four-year terms.                                

Added by Acts 2005, 79th Leg., ch. 661, § 1, eff. Sept. 1, 2005.           


	§ 8812.052. 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 
at least 18 years of age and a resident of the district.  To be a 
candidate for or to serve as director from a county commissioners 
precinct, a person must be at least 18 years of age and a resident 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. 661, § 1, eff. Sept. 1, 2005.           


	§ 8812.053. 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.

Added by Acts 2005, 79th Leg., ch. 661, § 1, eff. Sept. 1, 2005.           


	§ 8812.054. VACANCIES.  A vacancy on the board shall be 
filled by appointment of the board until the next regularly 
scheduled directors' election.  The person appointed to fill the 
vacancy shall serve only for the remainder of the unexpired term.

Added by Acts 2005, 79th Leg., ch. 661, § 1, eff. Sept. 1, 2005.           

SUBCHAPTER C. POWERS AND DUTIES


	§ 8812.101. PROHIBITION ON DISTRICT USE OF EMINENT 
DOMAIN.  The district may not exercise the power of eminent domain.

Added by Acts 2005, 79th Leg., ch. 661, § 1, eff. Sept. 1, 2005.           

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS


	§ 8812.151. LIMITATION ON TAXES.  The district may not 
impose ad valorem taxes at a rate that exceeds two cents on each 
$100 of assessed valuation of taxable property in the district.

Added by Acts 2005, 79th Leg., ch. 661, § 1, eff. Sept. 1, 2005.