water

SPECIAL DISTRICT LOCAL LAWS CODE
CHAPTER 8817. SAN PATRICIO COUNTY GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8817.001. 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 San Patricio County Groundwater Conservation District.
Added by Acts 2005, 79th Leg., ch. 1178, Sec. 1, eff. June 18, 2005.
Sec. 8817.002. NATURE OF DISTRICT. The district is a groundwater conservation district in San Patricio County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
Added by Acts 2005, 79th Leg., ch. 1178, Sec. 1, eff. June 18, 2005.
Sec. 8817.003. 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 San Patricio 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. 1178, Sec. 1, eff. June 18, 2005.
Sec. 8817.004. INITIAL DISTRICT TERRITORY. The initial boundaries of the district are coextensive with the boundaries of San Patricio County, Texas.
Added by Acts 2005, 79th Leg., ch. 1178, Sec. 1, eff. June 18, 2005.
Sec. 8817.005. 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. 1178, Sec. 1, eff. June 18, 2005.
Sec. 8817.006. CREATION OF AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICTS IN SAN PATRICIO COUNTY. (a) This chapter does not preclude the creation of an aquifer storage and recovery conservation district in San Patricio County.
(b) The district may not limit or restrict an aquifer storage and recovery conservation district from recovering water stored by the aquifer storage and recovery conservation district in a municipal aquifer storage area located in the district.
(c) To the extent that the boundaries of the aquifer storage and recovery conservation district and the district overlap, the power and authority of the two districts are joint and coextensive.
Added by Acts 2005, 79th Leg., ch. 1178, Sec. 1, eff. June 18, 2005.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
Sec. 8817.021. APPOINTMENT OF TEMPORARY DIRECTORS.
Text of section effective until September 1, 2010
(a) Not later than the 30th day after the effective date of the Act creating this chapter, the San Patricio County Commissioners Court shall appoint five temporary directors and enter the appointments in the minutes of the court.
(b) If a temporary director fails to qualify for office or if there is a vacancy on the temporary board of directors of the district, the county commissioners shall appoint a person to fill the vacancy.
(c) Temporary directors serve until the earlier of:
(1) the time initial directors are elected as provided by Section 8817.022; or
(2) the date this chapter expires under Section 8817.003.
Added by Acts 2005, 79th Leg., ch. 1178, Sec. 1, eff. June 18, 2005.
Sec. 8817.022. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
Text of section effective until September 1, 2010
(a) The temporary directors shall hold an election to confirm the creation of the district and elect seven initial directors.
(b) At the confirmation and initial directors' election, the temporary directors shall have placed on the ballot the name of any candidate filing for an initial director's position and blank spaces to write in the names of other persons. A temporary director who is eligible to be a candidate may file for an initial director's position.
(c) Section 41.001(a), Election Code, does not apply to a confirmation election held as provided by this section.
(d) 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.
(e) If the district is confirmed at the election, the temporary directors, at the time the vote is canvassed, shall declare the qualified person who receives the most votes for each position to be elected as an initial director for that position and shall include the results of the initial directors' election in the district's election report to the Texas Commission on Environmental Quality.
Added by Acts 2005, 79th Leg., ch. 1178, Sec. 1, eff. June 18, 2005.
Sec. 8817.023. FIRST ELECTION OF PERMANENT DIRECTORS.
Text of section effective until September 1, 2010
On the first uniform election date prescribed by Section 41.001, Election Code, in November of an even-numbered year that is at least six months after the date on which the district is authorized to be created at a confirmation election, an election shall be held in the district for the election of three permanent directors to serve a term expiring November 15 following the first election under Section 8817.052 and four permanent directors to serve a term expiring November 15 following the second election under that section.
Added by Acts 2005, 79th Leg., ch. 1178, Sec. 1, eff. June 18, 2005.
Sec. 8817.024. EXPIRATION OF SUBCHAPTER.
Text of section effective until September 1, 2010
This subchapter expires September 1, 2010.
Added by Acts 2005, 79th Leg., ch. 1178, Sec. 1, eff. June 18, 2005.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8817.051. DIRECTORS; TERMS. (a) The district is governed by a board of seven directors.
(b) Directors serve staggered four-year terms, with three or four directors' terms expiring November 15 of each even-numbered year.
(c) Newly elected permanent directors take office at the first regular meeting of the board after the vote is canvassed.
(d) The board shall adopt rules and procedures for the appointment of a permanent director to fill a vacancy or to complete an unexpired term.
Added by Acts 2005, 79th Leg., ch. 1178, Sec. 1, eff. June 18, 2005.
Sec. 8817.052. 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. 1178, Sec. 1, eff. June 18, 2005.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8817.101. GENERAL POWERS AND DUTIES. Except as provided by Section 8817.006, the district has all of the rights, powers, privileges, authority, functions, 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.
Added by Acts 2005, 79th Leg., ch. 1178, Sec. 1, eff. June 18, 2005.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8817.151. LIMITATION ON TAXES. The district may not levy ad valorem taxes at a rate that exceeds five cents on each $100 of assessed valuation of taxable property in the district.Added by Acts 2005, 79th Leg., ch. 1178, Sec. 1, eff. June 18, 2005.