Texas 2017 - 85th Regular

Texas House Bill HB2803 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Larson (Senate Sponsor - Lucio) H.B. No. 2803
2		-	(In the Senate - Received from the House April 24, 2017;
3		-	May 10, 2017, read first time and referred to Committee on
4		-	Intergovernmental Relations; May 17, 2017, reported favorably by
5		-	the following vote: Yeas 5, Nays 0; May 17, 2017, sent to
6		-	printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 2803
8	2
9	3
10		-	A BILL TO BE ENTITLED
11	4		AN ACT
12	5		relating to the nonsubstantive revision of certain local laws
13	6		concerning water and wastewater special districts, including
14	7		conforming amendments.
15	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	9		ARTICLE 1. NONSUBSTANTIVE REVISION OF LOCAL LAWS
17	10		SECTION 1.01. Subtitle A, Title 5, Special District Local
18	11		Laws Code, is amended by adding Chapters 5009 and 5013 to read as
19	12		follows:
20	13		CHAPTER 5009. GALVESTON COUNTY NAVIGATION DISTRICT NO. 1
21	14		SUBCHAPTER A. GENERAL PROVISIONS
22	15		Sec. 5009.001. DEFINITIONS
23	16		Sec. 5009.002. NATURE OF DISTRICT
24	17		Sec. 5009.003. LEGISLATIVE FINDINGS
25	18		SUBCHAPTER B. POWERS AND DUTIES
26	19		Sec. 5009.051. LIMITATION ON POWERS AND DUTIES
27	20		SUBCHAPTER C. PROMOTION AND DEVELOPMENT FUND
28	21		Sec. 5009.101. ESTABLISHMENT OF FUND; DEPOSITS
29	22		Sec. 5009.102. USE OF FUND
30	23		Sec. 5009.103. CONTROL OF FUND
31	24		CHAPTER 5009. GALVESTON COUNTY NAVIGATION DISTRICT NO. 1
32	25		SUBCHAPTER A. GENERAL PROVISIONS
33	26		Sec. 5009.001. DEFINITIONS. In this chapter:
34	27		(1) "Commission" means the board of navigation and
35	28		canal commissioners of the district.
36	29		(2) "District" means the Galveston County Navigation
37	30		District No. 1.
38	31		(3) "Fund" means a promotion and development fund
39	32		created by the district. (New.)
40	33		Sec. 5009.002. NATURE OF DISTRICT. The district is created
41	34		under Section 59, Article XVI, Texas Constitution. (Acts 54th
42	35		Leg., R.S., Ch. 46, Sec. 4 (part).)
43	36		Sec. 5009.003. LEGISLATIVE FINDINGS. (a) All land and
44	37		other property in the district benefit from the creation of the
45	38		district, the carrying out of the purposes for which the district
46	39		was created, and the acquisition and construction of navigation
47	40		facilities and improvements to carry out those purposes.
48	41		(b) The district is necessary to carry out Section 59,
49	42		Article XVI, Texas Constitution. (Acts 54th Leg., R.S., Ch. 46,
50	43		Sec. 4 (part).)
51	44		SUBCHAPTER B. POWERS AND DUTIES
52	45		Sec. 5009.051. LIMITATION ON POWERS AND DUTIES.
53	46		Notwithstanding any other law, the district, the commission, or
54	47		officers of the district may not have any power or authority over
55	48		the appointment, remuneration, operations, or conduct of the branch
56	49		pilots of the Galveston Bar or the commission of pilots of the
57	50		Galveston Bar. (Acts 54th Leg., R.S., Ch. 46, Sec. 4 (part).)
58	51		SUBCHAPTER C. PROMOTION AND DEVELOPMENT FUND
59	52		Sec. 5009.101. ESTABLISHMENT OF FUND; DEPOSITS. (a) The
60	53		district may establish a promotion and development fund.
61	54		(b) The district, from time to time, may deposit in the fund
62	55		a portion of the district's accumulated money, plus an amount each
63	56		year not to exceed 10 percent of the district's total maintenance
64	57		and operation taxes, including delinquent taxes, received during a
65	58		fiscal year.
66	59		(c) The commission shall determine the amount to be
67	60		deposited in the fund.
68	61		(d) The money in the fund shall be kept separate from other
69	62		money and accounts of the district. (Acts 71st Leg., R.S., Ch.
70	63		1168, Secs. 1, 3(a).)
71	64		Sec. 5009.102. USE OF FUND. The fund may be used only for:
72	65		(1) the purposes described by Section 60.203, Water
73	66		Code;
74	67		(2) the public purposes of development and
75	68		diversification of the district's economy; and
76	69		(3) joint projects with other political subdivisions
77	70		or entities, including funding a program of an entity, to carry out
78	71		the purposes of Subchapter H, Chapter 60, Water Code. (Acts 71st
79	72		Leg., R.S., Ch. 1168, Sec. 2.)
80	73		Sec. 5009.103. CONTROL OF FUND. The fund is under the
81	74		exclusive control of the commission, and the commission has full
82	75		responsibility for auditing, approving, and safeguarding the
83	76		expenditure of money from the fund. (Acts 71st Leg., R.S., Ch.
84	77		1168, Sec. 3(b).)
85	78		CHAPTER 5013. PORT OF HARLINGEN AUTHORITY
86	79		Sec. 5013.001. DEFINITION
87	80		Sec. 5013.002. FORMER NAME OF AUTHORITY
88	81		Sec. 5013.003. GOVERNING BODY
89	82		CHAPTER 5013. PORT OF HARLINGEN AUTHORITY
90	83		Sec. 5013.001. DEFINITION. In this chapter, "authority"
91	84		means the Port of Harlingen Authority. (Acts 68th Leg., R.S., Ch.
92	85		21, Sec. 1(a); New.)
93	86		Sec. 5013.002. FORMER NAME OF AUTHORITY. Before April 13,
94	87		1983, the authority was known as the Arroyo Colorado Navigation
95	88		District of Cameron and Willacy Counties. (Acts 68th Leg., R.S.,
96	89		Ch. 21, Sec. 1(a); New.)
97	90		Sec. 5013.003. GOVERNING BODY. The navigation and canal
98	91		commission of the authority is called the port commission and is
99	92		composed of port commissioners. (Acts 68th Leg., R.S., Ch. 21, Sec.
100	93		1(b); New.)
101	94		SECTION 1.02. Subtitle B, Title 6, Special District Local
102	95		Laws Code, is amended by adding Chapter 6913 to read as follows:
103	96		CHAPTER 6913. HASKELL COUNTY WATER SUPPLY DISTRICT
104	97		SUBCHAPTER A. GENERAL PROVISIONS
105	98		Sec. 6913.001. DEFINITIONS
106	99		Sec. 6913.002. NATURE OF DISTRICT
107	100		Sec. 6913.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
108	101		SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATIONS TO DISTRICT
109	102		TERRITORY
110	103		Sec. 6913.051. DISTRICT TERRITORY
111	104		Sec. 6913.052. ANNEXATION OF TERRITORY IN HASKELL
112	105		COUNTY
113	106		Sec. 6913.053. PETITION FOR ANNEXATION; BOARD
114	107		DETERMINATION AND RESOLUTION
115	108		Sec. 6913.054. COMMISSIONERS COURT RESOLUTION; SETTING
116	109		ANNEXATION HEARING
117	110		Sec. 6913.055. NOTICE OF ANNEXATION HEARING
118	111		Sec. 6913.056. ANNEXATION HEARING
119	112		Sec. 6913.057. ANNEXATION FINDINGS AND RESOLUTION;
120	113		ELECTION PROPOSITIONS
121	114		Sec. 6913.058. NOTICE OF ANNEXATION ELECTION
122	115		Sec. 6913.059. ANNEXATION ELECTION RESULTS
123	116		Sec. 6913.060. ASSUMPTION OF DEBT; TAXES
124	117		Sec. 6913.061. RESTRICTION ON ANNEXATION OF RAILROAD
125	118		RIGHT-OF-WAY OR UTILITY PROPERTY
126	119		SUBCHAPTER C. BOARD OF DIRECTORS
127	120		Sec. 6913.101. DIRECTORS
128	121		Sec. 6913.102. QUALIFICATIONS FOR OFFICE
129	122		Sec. 6913.103. NOTICE OF DIRECTORS' ELECTION
130	123		Sec. 6913.104. OFFICERS
131	124		Sec. 6913.105. VOTE BY BOARD PRESIDENT
132	125		Sec. 6913.106. ABSENCE OR INACTION OF BOARD PRESIDENT
133	126		Sec. 6913.107. DIRECTOR AND TREASURER BONDS
134	127		Sec. 6913.108. COMPENSATION OF DIRECTORS
135	128		SUBCHAPTER D. POWERS AND DUTIES
136	129		Sec. 6913.151. ACQUISITION OF WATER OR WATER RIGHTS
137	130		Sec. 6913.152. CONSTRUCTION OR ACQUISITION OF PROPERTY
138	131		Sec. 6913.153. EMINENT DOMAIN
139	132		Sec. 6913.154. COST OF RELOCATING OR ALTERING PROPERTY
140	133		Sec. 6913.155. CONSTRUCTION AND PURCHASING CONTRACTS
141	134		Sec. 6913.156. CONTRACTS RELATED TO WATER SUPPLY AND
142	135		FACILITIES
143	136		SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
144	137		Sec. 6913.201. DEPOSITORY
145	138		Sec. 6913.202. PROJECTS EXEMPT FROM ASSESSMENT OR
146	139		TAXATION
147	140		Sec. 6913.203. TAX ASSESSOR AND COLLECTOR
148	141		SUBCHAPTER F. BONDS
149	142		Sec. 6913.251. AUTHORITY TO ISSUE BONDS
150	143		Sec. 6913.252. FORM OF BONDS
151	144		Sec. 6913.253. MATURITY
152	145		Sec. 6913.254. BONDS PAYABLE FROM REVENUE
153	146		Sec. 6913.255. BONDS PAYABLE FROM AD VALOREM TAXES
154	147		Sec. 6913.256. ELECTION FOR BONDS PAYABLE FROM AD
155	148		VALOREM TAXES
156	149		Sec. 6913.257. TAX AND COMPENSATION RATES
157	150		Sec. 6913.258. ADDITIONAL SECURITY
158	151		Sec. 6913.259. USE OF BOND PROCEEDS
159	152		Sec. 6913.260. APPOINTMENT OF RECEIVER
160	153		Sec. 6913.261. REFUNDING BONDS
161	154		Sec. 6913.262. BONDS EXEMPT FROM TAXATION
162	155		CHAPTER 6913. HASKELL COUNTY WATER SUPPLY DISTRICT
163	156		SUBCHAPTER A. GENERAL PROVISIONS
164	157		Sec. 6913.001. DEFINITIONS. In this chapter:
165	158		(1) "Board" means the district's board of directors.
166	159		(2) "Commissioners court" means the Haskell County
167	160		Commissioners Court.
168	161		(3) "Director" means a board member.
169	162		(4) "District" means the Haskell County Water Supply
170	163		District. (Acts 54th Leg., R.S., Ch. 141, Sec. 1 (part); New.)
171	164		Sec. 6913.002. NATURE OF DISTRICT. The district is created
172	165		under Section 59, Article XVI, Texas Constitution. (Acts 54th
173	166		Leg., R.S., Ch. 141, Sec. 1 (part).)
174	167		Sec. 6913.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
175	168		All land in the district will benefit from the improvements to be
176	169		acquired and constructed by the district.
177	170		(b) Because the accomplishment of the purposes stated in
178	171		this chapter is for the benefit of the people of this state and for
179	172		the improvement of their property and industries, the district in
180	173		carrying out the purposes of this chapter performs an essential
181	174		public function under the Texas Constitution. (Acts 54th Leg.,
182	175		R.S., Ch. 141, Secs. 2 (part), 19 (part).)
183	176		SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATIONS TO DISTRICT
184	177		TERRITORY
185	178		Sec. 6913.051. DISTRICT TERRITORY. The district is
186	179		composed of the territory described by Section 2, Chapter 141, Acts
187	180		of the 54th Legislature, Regular Session, 1955, as that territory
188	181		may have been modified under:
189	182		(1) Subchapter J, Chapter 49, Water Code;
190	183		(2) this subchapter or its predecessor statute, former
191	184		Section 5, Chapter 141, Acts of the 54th Legislature, Regular
192	185		Session, 1955; or
193	186		(3) other law. (Acts 54th Leg., R.S., Ch. 141, Sec. 2
194	187		(part); New.)
195	188		Sec. 6913.052. ANNEXATION OF TERRITORY IN HASKELL COUNTY.
196	189		Territory in Haskell County, whether the territory is contiguous to
197	190		the district or not, may be annexed to the district as provided by
198	191		this subchapter. (Acts 54th Leg., R.S., Ch. 141, Sec. 5 (part).)
199	192		Sec. 6913.053. PETITION FOR ANNEXATION; BOARD
200	193		DETERMINATION AND RESOLUTION. (a) Territory may be annexed to the
201	194		district under this subchapter if a petition requesting annexation
202	195		is filed with the board.
203	196		(b) The petition must:
204	197		(1) be signed by:
205	198		(A) 50 registered voters of the territory
206	199		proposed to be annexed who own taxable property in that territory;
207	200		or
208	201		(B) a majority of the registered voters of that
209	202		territory who own taxable property in that territory; and
210	203		(2) describe the territory proposed to be annexed by
211	204		metes and bounds.
212	205		(c) If the board determines that the petition complies with
213	206		Subsection (b), that the annexation would be in the district's
214	207		interest, and that the district will be able to supply water to the
215	208		proposed territory, the board shall:
216	209		(1) adopt a resolution requesting that the
217	210		commissioners court annex the territory to the district and stating
218	211		any conditions for annexation of the territory; and
219	212		(2) deliver a certified copy of the resolution and of
220	213		the petition to the commissioners court. (Acts 54th Leg., R.S., Ch.
221	214		141, Secs. 5(a), (b).)
222	215		Sec. 6913.054. COMMISSIONERS COURT RESOLUTION; SETTING
223	216		ANNEXATION HEARING. On receipt of a board resolution and petition
224	217		under this subchapter, the commissioners court shall:
225	218		(1) adopt a resolution that declares the court's
226	219		intention to call an election in the proposed territory on the
227	220		proposition of whether to annex the territory to the district; and
228	221		(2) set a time and place to hold a hearing on the
229	222		question of whether the proposed territory will benefit from the
230	223		improvements, works, and facilities then owned or operated or
231	224		contemplated to be owned or operated by the district. (Acts 54th
232	225		Leg., R.S., Ch. 141, Sec. 5(c).)
233	226		Sec. 6913.055. NOTICE OF ANNEXATION HEARING. (a) Not later
234	227		than the 10th day before the date of the annexation hearing, notice
235	228		of the resolution adopted under Section 6913.054 shall be published
236	229		one time in a newspaper designated by the commissioners court,
237	230		except as provided by Subsection (c).
238	231		(b) The notice must:
239	232		(1) be addressed to the citizens and owners of
240	233		property in the proposed territory;
241	234		(2) state the time and place of the annexation
242	235		hearing; and
243	236		(3) describe the proposed territory in the same manner
244	237		as Section 6913.053(b) requires.
245	238		(c) If a newspaper is not published in the proposed
246	239		territory, the notice shall be posted in three public places in the
247	240		proposed territory. (Acts 54th Leg., R.S., Ch. 141, Secs. 5(d),
248	241		(k).)
249	242		Sec. 6913.056. ANNEXATION HEARING. (a) The annexation
250	243		hearing may proceed in the order and under the rules prescribed by
251	244		the commissioners court, and the court may recess the hearing.
252	245		(b) Any interested person may appear at the annexation
253	246		hearing and offer evidence for or against the proposed annexation.
254	247		(Acts 54th Leg., R.S., Ch. 141, Sec. 5(e) (part).)
255	248		Sec. 6913.057. ANNEXATION FINDINGS AND RESOLUTION;
256	249		ELECTION PROPOSITIONS. (a) At the conclusion of the annexation
257	250		hearing, if the commissioners court finds that all the proposed
258	251		territory will benefit from the present or contemplated
259	252		improvements, works, or facilities of the district, the
260	253		commissioners court shall adopt a resolution that:
261	254		(1) calls an election in the proposed territory; and
262	255		(2) states the date of the election and the place or
263	256		places of holding the election.
264	257		(b) In calling an election on the proposition for annexation
265	258		of the proposed territory, the commissioners court may include in
266	259		the same proposition a proposition for:
267	260		(1) the territory to assume its part of the
268	261		tax-supported bonds of the district then outstanding and those
269	262		bonds previously voted but not yet sold; and
270	263		(2) an ad valorem tax to be imposed on taxable property
271	264		in the territory along with the tax in the rest of the district for
272	265		the payment of the bonds. (Acts 54th Leg., R.S., Ch. 141, Secs.
273	266		5(e) (part), (i).)
274	267		Sec. 6913.058. NOTICE OF ANNEXATION ELECTION. (a) Not
275	268		later than the 10th day before the date set for the election, notice
276	269		of the election shall be published one time in a newspaper
277	270		designated by the commissioners court, except as provided by
278	271		Subsection (c).
279	272		(b) In addition to the requirements of Section 4.004,
280	273		Election Code, notice of the annexation election must:
281	274		(1) state the conditions under which the proposed
282	275		territory may be annexed; or
283	276		(2) refer to the resolution of the board for that
284	277		purpose.
285	278		(c) If a newspaper is not published in the proposed
286	279		territory, the notice shall be posted in three public places in the
287	280		territory. (Acts 54th Leg., R.S., Ch. 141, Secs. 5(f) (part), (k).)
288	281		Sec. 6913.059. ANNEXATION ELECTION RESULTS. (a) The
289	282		commissioners court shall issue an order declaring the results of
290	283		the annexation election.
291	284		(b) If the order shows that a majority of the votes cast are
292	285		in favor of annexation, the commissioners court shall annex the
293	286		proposed territory to the district. The annexation is
294	287		incontestable except in the time for contesting elections under the
295	288		Election Code.
296	289		(c) A certified copy of the order shall be recorded in the
297	290		deed records of Haskell County. (Acts 54th Leg., R.S., Ch. 141,
298	291		Sec. 5(h) (part).)
299	292		Sec. 6913.060. ASSUMPTION OF DEBT; TAXES. (a) After
300	293		territory is annexed to the district, the board may order an
301	294		election in the district as enlarged to determine whether the
302	295		district as enlarged shall assume any tax-supported bonds then
303	296		outstanding and those previously voted but not yet sold and impose
304	297		an ad valorem tax on all taxable property in the district as
305	298		enlarged to pay the bonds, unless the proposition is voted along
306	299		with the annexation election and becomes binding on the territory
307	300		annexed.
308	301		(b) An election ordered under Subsection (a) shall be held
309	302		in the same manner as an election under this chapter for the
310	303		issuance of bonds. (Acts 54th Leg., R.S., Ch. 141, Sec. 5(j).)
311	304		Sec. 6913.061. RESTRICTION ON ANNEXATION OF RAILROAD
312	305		RIGHT-OF-WAY OR UTILITY PROPERTY. A railroad right-of-way or a
313	306		transmission line or another item of property of an electric or gas
314	307		utility that is not located inside the limits of a municipality will
315	308		not benefit from improvements, works, or facilities the district is
316	309		authorized to construct. Therefore, a railroad right-of-way or a
317	310		transmission line or another item of property of an electric or gas
318	311		utility may not be annexed to the district unless the right-of-way
319	312		or property is located inside the limits of a municipality annexed
320	313		to the district. (Acts 54th Leg., R.S., Ch. 141, Sec. 5(e) (part).)
321	314		SUBCHAPTER C. BOARD OF DIRECTORS
322	315		Sec. 6913.101. DIRECTORS. The district is governed by a
323	316		board of five elected directors. (Acts 54th Leg., R.S., Ch. 141,
324	317		Secs. 3(a) (part), (c) (part).)
325	318		Sec. 6913.102. QUALIFICATIONS FOR OFFICE. (a) A person may
326	319		not be appointed a director unless the person resides in and owns
327	320		taxable property in the district.
328	321		(b) A member of a municipality's governing body or an
329	322		employee of a municipality may not be a director. (Acts 54th Leg.,
330	323		R.S., Ch. 141, Sec. 3(a) (part).)
331	324		Sec. 6913.103. NOTICE OF DIRECTORS' ELECTION. Notice of a
332	325		directors' election shall be published once in a newspaper
333	326		published in Haskell County not later than the 10th day before the
334	327		date of the election. (Acts 54th Leg., R.S., Ch. 141, Secs. 3(b)
335	328		(part), (c) (part).)
336	329		Sec. 6913.104. OFFICERS. (a) The board shall elect from
337	330		the board's membership a president, a vice president, and any other
338	331		officers that the board determines are necessary.
339	332		(b) The board shall appoint a secretary and a treasurer, who
340	333		are not required to be directors. The board may combine the offices
341	334		of secretary and treasurer. (Acts 54th Leg., R.S., Ch. 141, Sec. 4
342	335		(part).)
343	336		Sec. 6913.105. VOTE BY BOARD PRESIDENT. The president has
344	337		the same right to vote as any other director. (Acts 54th Leg.,
345	338		R.S., Ch. 141, Sec. 4 (part).)
346	339		Sec. 6913.106. ABSENCE OR INACTION OF BOARD PRESIDENT.
347	340		When the board president is absent or fails or declines to act, the
348	341		board vice president shall perform all duties and exercise all
349	342		powers this chapter gives the president. (Acts 54th Leg., R.S.,
350	343		Ch. 141, Sec. 4 (part).)
351	344		Sec. 6913.107. DIRECTOR AND TREASURER BONDS. (a) Each
352	345		director shall give bond in the amount of $5,000 conditioned on the
353	346		faithful performance of the director's duties.
354	347		(b) The treasurer shall give bond in the amount required by
355	348		the board. The treasurer's bond shall be conditioned on the
356	349		treasurer's faithful accounting for all money that comes into the
357	350		treasurer's custody as treasurer of the district. (Acts 54th Leg.,
358	351		R.S., Ch. 141, Secs. 3(a) (part), 4 (part).)
359	352		Sec. 6913.108. COMPENSATION OF DIRECTORS. (a) Each
360	353		director:
361	354		(1) shall receive a fee not to exceed $5 for attending
362	355		each board meeting; and
363	356		(2) is also entitled to receive $5 for each day devoted
364	357		to the business of the district if the service is expressly approved
365	358		by the board.
366	359		(b) In all areas of conflict with Subsection (a) of this
367	360		section, Section 49.060, Water Code, takes precedence.
368	361		(c) A director's compensation may be increased as
369	362		authorized by Section 49.060, Water Code, by resolution adopted by
370	363		the board in accordance with Subsection (e) of that section on or
371	364		after September 1, 1995. (Acts 54th Leg., R.S., Ch. 141, Sec. 3(e)
372	365		(part); New.)
373	366		SUBCHAPTER D. POWERS AND DUTIES
374	367		Sec. 6913.151. ACQUISITION OF WATER OR WATER RIGHTS. (a)
375	368		The district may acquire a groundwater or surface water supply.
376	369		(b) The district may acquire water appropriation permits
377	370		directly from the Texas Commission on Environmental Quality or from
378	371		permit owners.
379	372		(c) The district may purchase water or a water supply from
380	373		any person. (Acts 54th Leg., R.S., Ch. 141, Secs. 6 (part); 16.)
381	374		Sec. 6913.152. CONSTRUCTION OR ACQUISITION OF PROPERTY.
382	375		The district may construct or otherwise acquire all works, plants,
383	376		and other facilities necessary or useful for the purpose of
384	377		processing groundwater or surface water and transporting the water
385	378		to any person for municipal, domestic, and industrial purposes.
386	379		(Acts 54th Leg., R.S., Ch. 141, Sec. 6 (part).)
387	380		Sec. 6913.153. EMINENT DOMAIN. (a) To carry out a power
388	381		provided by this chapter, the district may exercise the power of
389	382		eminent domain to acquire land and easements inside or outside the
390	383		district in Haskell County.
391	384		(b) The district must exercise the power of eminent domain
392	385		in the manner provided by Chapter 21, Property Code.
393	386		(c) The board shall determine the amount and the type of
394	387		interest in land and easements to be acquired under this section.
395	388		(d) The district's authority under this section to exercise
396	389		the power of eminent domain expired on September 1, 2013, unless the
397	390		district submitted a letter to the comptroller in accordance with
398	391		Section 2206.101(b), Government Code, not later than December 31,
399	392		2012. (Acts 54th Leg., R.S., Ch. 141, Sec. 7 (part); New.)
400	393		Sec. 6913.154. COST OF RELOCATING OR ALTERING PROPERTY. If
401	394		the district's exercise of the power of eminent domain, the power of
402	395		relocation, or any other power granted by this chapter makes
403	396		necessary relocating, raising, rerouting, changing the grade of, or
404	397		altering the construction of a highway, railroad, electric
405	398		transmission line, telephone or telegraph property or facility, or
406	399		pipeline, the necessary action shall be accomplished at the sole
407	400		expense of the district. (Acts 54th Leg., R.S., Ch. 141, Sec. 7
408	401		(part).)
409	402		Sec. 6913.155. CONSTRUCTION AND PURCHASING CONTRACTS. A
410	403		construction contract or contract for the purchase of materials,
411	404		equipment, or supplies is governed by Chapter 49 or 51, Water Code.
412	405		(Acts 54th Leg., R.S., Ch. 141, Sec. 8.)
413	406		Sec. 6913.156. CONTRACTS RELATED TO WATER SUPPLY AND
414	407		FACILITIES. (a) The district may contract with any person to
415	408		supply water to the person.
416	409		(b) The district may contract with a municipality for the
417	410		rental or leasing of or for the operation of the municipality's
418	411		water production, supply, or distribution facilities.
419	412		(c) The contract may provide that the contract continues in
420	413		effect until bonds specified in the contract and refunding bonds
421	414		issued in lieu of the bonds are paid. (Acts 54th Leg., R.S., Ch.
422	415		141, Sec. 14.)
423	416		SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
424	417		Sec. 6913.201. DEPOSITORY. (a) Except as provided by
425	418		Subsection (i), the board shall designate one or more banks in
426	419		Haskell County to serve as depository for the district's money.
427	420		(b) District money shall be deposited with a designated
428	421		depository bank or banks, except that:
429	422		(1) money pledged to pay bonds may be deposited with
430	423		the trustee bank named in the trust agreement; and
431	424		(2) money shall be remitted to the bank of payment for
432	425		the payment of principal of and interest on bonds.
433	426		(c) To the extent that money in a depository bank or a
434	427		trustee bank is not insured by the Federal Deposit Insurance
435	428		Corporation, the money must be secured in the manner provided by law
436	429		for the security of county funds.
437	430		(d) The board shall prescribe the terms of service for
438	431		depositories.
439	432		(e) Before designating a depository bank, the board shall
440	433		issue a notice to each bank in Haskell County that:
441	434		(1) states the time and place at which the board will
442	435		meet to designate a depository bank or banks; and
443	436		(2) invites the banks to submit an application to be
444	437		designated as a depository.
445	438		(f) The notice described by Subsection (e) must be mailed or
446	439		delivered not later than the 10th day before the date fixed for the
447	440		submission of applications.
448	441		(g) At the time stated in the notice, the board shall:
449	442		(1) consider the application and the management and
450	443		condition of each bank that applies; and
451	444		(2) designate as a depository the bank or banks that:
452	445		(A) offer the most favorable terms for handling
453	446		the money; and
454	447		(B) the board finds have proper management and
455	448		are in condition to handle the money.
456	449		(h) Membership on the board of an officer or director of a
457	450		bank does not disqualify the bank from being designated as a
458	451		depository.
459	452		(i) If the board does not receive any applications before
460	453		the time stated in the notice, or if the board rejects all
461	454		applications, the board shall designate one or more banks located
462	455		inside or outside the county on terms that the board finds
463	456		advantageous to the district. (Acts 54th Leg., R.S., Ch. 141, Sec.
464	457		15.)
465	458		Sec. 6913.202. PROJECTS EXEMPT FROM ASSESSMENT OR TAXATION.
466	459		The district is not required to pay a tax or assessment on a project
467	460		or any part of a project. (Acts 54th Leg., R.S., Ch. 141, Sec. 19
468	461		(part).)
469	462		Sec. 6913.203. TAX ASSESSOR AND COLLECTOR. Before the sale
470	463		and delivery of district bonds payable wholly or partly from ad
471	464		valorem taxes, the board shall appoint a tax assessor and
472	465		collector. (Acts 54th Leg., R.S., Ch. 141, Sec. 20(b) (part).)
473	466		SUBCHAPTER F. BONDS
474	467		Sec. 6913.251. AUTHORITY TO ISSUE BONDS. (a) The district
475	468		may issue bonds to carry out any power conferred by this chapter,
476	469		including the power to provide a source of water supply for any
477	470		person for municipal, domestic, or industrial purposes.
478	471		(b) The bonds must be authorized by a board resolution.
479	472		(Acts 54th Leg., R.S., Ch. 141, Secs. 9(a) (part), (b) (part), (e)
480	473		(part).)
481	474		Sec. 6913.252. FORM OF BONDS. District bonds must be:
482	475		(1) issued in the district's name;
483	476		(2) signed by the president or vice president; and
484	477		(3) attested by the secretary. (Acts 54th Leg., R.S.,
485	478		Ch. 141, Sec. 9(b) (part).)
486	479		Sec. 6913.253. MATURITY. District bonds must mature not
487	480		later than 40 years after the date of their issuance. (Acts 54th
488	481		Leg., R.S., Ch. 141, Sec. 9(b) (part).)
489	482		Sec. 6913.254. BONDS PAYABLE FROM REVENUE. (a) In this
490	483		section, "net revenue" means the district's gross revenue, other
491	484		than taxation, minus the amount necessary to pay the cost of
492	485		maintaining and operating the district and its property.
493	486		(b) District bonds may be secured as described by a board
494	487		resolution by a pledge of:
495	488		(1) all or part of the district's net revenue;
496	489		(2) the net revenue of a contract made at any time; or
497	490		(3) other revenue specified by board resolution.
498	491		(c) The pledge may reserve the right to issue additional
499	492		bonds on a parity with or subordinate to the bonds being issued,
500	493		subject to conditions specified by the pledge.
501	494		(d) District bonds not payable wholly or partly from ad
502	495		valorem taxes may be issued without an election. (Acts 54th Leg.,
503	496		R.S., Ch. 141, Secs. 9(a) (part), (d), 12(a) (part).)
504	497		Sec. 6913.255. BONDS PAYABLE FROM AD VALOREM TAXES. The
505	498		district may issue bonds:
506	499		(1) payable from ad valorem taxes imposed on taxable
507	500		property in the district; or
508	501		(2) secured by and payable from:
509	502		(A) taxes described by Subdivision (1); and
510	503		(B) revenue of the district. (Acts 54th Leg.,
511	504		R.S., Ch. 141, Sec. 9(e) (part).)
512	505		Sec. 6913.256. ELECTION FOR BONDS PAYABLE FROM AD VALOREM
513	506		TAXES. (a) District bonds, other than refunding bonds, payable
514	507		wholly or partly from ad valorem taxes may not be issued unless
515	508		authorized by a district election at which a majority of the votes
516	509		cast favor the bond issuance.
517	510		(b) The board may order an election under this section
518	511		without a petition. The order must specify:
519	512		(1) the time and places at which the election will be
520	513		held;
521	514		(2) the purpose for which the bonds will be issued;
522	515		(3) the maximum amount of the bonds;
523	516		(4) the maximum maturity of the bonds;
524	517		(5) the form of the ballot; and
525	518		(6) the presiding judge for each voting place.
526	519		(c) Notice of the election must be given by publishing a
527	520		substantial copy of the order calling the election in a newspaper
528	521		published in Haskell County that is circulated in the district for
529	522		two consecutive weeks. The first publication must be not later than
530	523		the 15th day before the date of the election. (Acts 54th Leg.,
531	524		R.S., Ch. 141, Secs. 12(a) (part), (b).)
532	525		Sec. 6913.257. TAX AND COMPENSATION RATES. (a) If the
533	526		district issues bonds payable wholly or partly from ad valorem
534	527		taxes, the district shall impose a tax sufficient to pay the bonds
535	528		and the interest on the bonds as the bonds and interest become due.
536	529		The board may adopt the rate of the tax for any year after
537	530		considering the money received from pledged revenue available for
538	531		payment of principal and interest to the extent and in the manner
539	532		permitted by the resolution authorizing the issuance of the bonds.
540	533		(b) If the district issues bonds payable wholly or partly
541	534		from revenue, the board shall set and revise the rates of
542	535		compensation for water sold and services rendered by the district.
543	536		(c) For bonds payable wholly from revenue, the rates of
544	537		compensation must be sufficient to:
545	538		(1) pay the expense of operating and maintaining the
546	539		facilities of the district;
547	540		(2) pay the bonds as they mature and the interest as it
548	541		accrues; and
549	542		(3) maintain the reserve and other funds as provided
550	543		by the resolution authorizing the issuance of the bonds.
551	544		(d) For bonds payable partly from revenue, the rates of
552	545		compensation must be sufficient to assure compliance with the
553	546		resolution authorizing the issuance of the bonds. (Acts 54th Leg.,
554	547		R.S., Ch. 141, Secs. 9(e) (part), (f).)
555	548		Sec. 6913.258. ADDITIONAL SECURITY. (a) District bonds,
556	549		including refunding bonds, that are not payable wholly from ad
557	550		valorem taxes may be additionally secured by a deed of trust lien on
558	551		physical property of the district and all franchises, easements,
559	552		water rights and appropriation permits, leases, contracts, and all
560	553		rights appurtenant to the property, vesting in the trustee power
561	554		to:
562	555		(1) sell the property for payment of the debt;
563	556		(2) operate the property; and
564	557		(3) take other action to further secure the bonds.
565	558		(b) The deed of trust may:
566	559		(1) contain any provision the board prescribes to
567	560		secure the bonds and preserve the trust estate;
568	561		(2) provide for amendment or modification of the deed
569	562		of trust; and
570	563		(3) provide for the issuance of bonds to replace lost
571	564		or mutilated bonds.
572	565		(c) A purchaser under a sale under the deed of trust is:
573	566		(1) the owner of the dam or dams and the other property
574	567		and facilities purchased; and
575	568		(2) entitled to maintain and operate the property and
576	569		facilities. (Acts 54th Leg., R.S., Ch. 141, Sec. 11.)
577	570		Sec. 6913.259. USE OF BOND PROCEEDS. (a) The district may
578	571		set aside an amount of proceeds from the sale of district bonds for
579	572		the payment of interest expected to accrue during construction and
580	573		for one year after construction in a reserve interest and sinking
581	574		fund. The resolution authorizing the bonds may provide for setting
582	575		aside and using the proceeds as provided by this subsection.
583	576		(b) The district may use proceeds from the sale of the bonds
584	577		to pay any expense necessarily incurred in accomplishing the
585	578		purposes of the district. (Acts 54th Leg., R.S., Ch. 141, Sec.
586	579		9(g).)
587	580		Sec. 6913.260. APPOINTMENT OF RECEIVER. (a) On default or
588	581		threatened default in the payment of principal of or interest on
589	582		district bonds that are payable wholly or partly from revenue, a
590	583		court may appoint a receiver for the district on petition of the
591	584		holders of 25 percent of the outstanding bonds of the issue in
592	585		default or threatened with default.
593	586		(b) The receiver may collect and receive all district income
594	587		except taxes, employ and discharge district agents and employees,
595	588		take charge of money on hand, except money received from taxes
596	589		unless commingled, and manage the district's proprietary affairs
597	590		without the consent of or hindrance by the board.
598	591		(c) The receiver may be authorized to sell or contract for
599	592		the sale of water or to renew those contracts with the approval of
600	593		the court that appointed the receiver.
601	594		(d) The court may vest the receiver with any other power or
602	595		duty the court finds necessary to protect the bondholders. (Acts
603	596		54th Leg., R.S., Ch. 141, Sec. 9(h).)
604	597		Sec. 6913.261. REFUNDING BONDS. (a) The district may issue
605	598		refunding bonds to refund outstanding district bonds and interest
606	599		on those bonds.
607	600		(b) Refunding bonds may:
608	601		(1) be issued to refund bonds of more than one series;
609	602		(2) combine the pledges for the outstanding bonds for
610	603		the security of the refunding bonds; or
611	604		(3) be secured by a pledge of other or additional
612	605		revenue.
613	606		(c) The provisions of this subchapter regarding the
614	607		issuance of other bonds and the remedies of the holders apply to
615	608		refunding bonds.
616	609		(d) The comptroller shall register the refunding bonds on
617	610		surrender and cancellation of the bonds to be refunded.
618	611		(e) Instead of issuing bonds to be registered on the
619	612		surrender and cancellation of the bonds to be refunded, the
620	613		district, in the resolution authorizing the issuance of the
621	614		refunding bonds, may provide for the sale of the refunding bonds and
622	615		the deposit of the proceeds in a bank at which the bonds to be
623	616		refunded are payable. In that case, the refunding bonds may be
624	617		issued in an amount sufficient to pay the interest on the bonds to
625	618		be refunded to their option date or maturity date, and the
626	619		comptroller shall register the refunding bonds without the
627	620		surrender and cancellation of the bonds to be refunded. (Acts 54th
628	621		Leg., R.S., Ch. 141, Sec. 10.)
629	622		Sec. 6913.262. BONDS EXEMPT FROM TAXATION. District bonds,
630	623		the transfer of district bonds, and income from district bonds,
631	624		including profits made on the sale of district bonds, are exempt
632	625		from taxation in this state. (Acts 54th Leg., R.S., Ch. 141, Sec.
633	626		19 (part).)
634	627		SECTION 1.03. Subtitle E, Title 6, Special District Local
635	628		Laws Code, is amended by adding Chapter 7811 to read as follows:
636	629		CHAPTER 7811. DALLAS COUNTY FLOOD CONTROL DISTRICT NO. 1
637	630		SUBCHAPTER A. GENERAL PROVISIONS
638	631		Sec. 7811.001. DEFINITIONS
639	632		Sec. 7811.002. NATURE OF DISTRICT
640	633		Sec. 7811.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
641	634		Sec. 7811.004. DISTRICT TERRITORY
642	635		Sec. 7811.005. ANNEXATION OF LAND
643	636		SUBCHAPTER B. BOARD OF DIRECTORS
644	637		Sec. 7811.051. COMPOSITION OF BOARD; TERMS
645	638		Sec. 7811.052. ELIGIBILITY FOR OFFICE
646	639		Sec. 7811.053. DIRECTOR'S BOND
647	640		Sec. 7811.054. BOARD VACANCY
648	641		Sec. 7811.055. BOARD PRESIDENT; ABSENCE OF BOARD
649	642		PRESIDENT
650	643		Sec. 7811.056. SECRETARY'S DUTIES
651	644		Sec. 7811.057. TREASURER
652	645		Sec. 7811.058. COMPENSATION OF DIRECTORS
653	646		Sec. 7811.059. VOTE REQUIRED FOR OFFICIAL BOARD ACTION
654	647		Sec. 7811.060. DESIGNATION OF DIRECTOR TO ACT ON
655	648		DISTRICT'S BEHALF
656	649		Sec. 7811.061. DISTRICT OFFICE
657	650		Sec. 7811.062. RECORDS
658	651		SUBCHAPTER C. POWERS AND DUTIES
659	652		Sec. 7811.101. GENERAL POWERS AND DUTIES
660	653		Sec. 7811.102. EMINENT DOMAIN
661	654		Sec. 7811.103. COST OF RELOCATING OR ALTERING PROPERTY
662	655		Sec. 7811.104. CONTRACTS FOR FACILITIES AND
663	656		IMPROVEMENTS; ELECTION NOT REQUIRED
664	657		Sec. 7811.105. PROHIBITED FUNCTIONS
665	658		Sec. 7811.106. STANDARDS FOR ROAD, STREET, OR UTILITY
666	659		CONSTRUCTION
667	660		Sec. 7811.107. APPROVAL OF RECLAMATION PLAN,
668	661		AMENDMENT, OR PROJECT
669	662		SUBCHAPTER D. TAX ABATEMENT IN REINVESTMENT ZONE
670	663		Sec. 7811.151. DESIGNATION OF REINVESTMENT ZONE
671	664		Sec. 7811.152. CRITERIA FOR REINVESTMENT ZONE
672	665		Sec. 7811.153. EXPIRATION OF REINVESTMENT ZONE
673	666		Sec. 7811.154. TAX ABATEMENT AGREEMENT
674	667		Sec. 7811.155. TAX ABATEMENT AGREEMENT: CERTIFICATED
675	668		AIR CARRIER
676	669		Sec. 7811.156. TAX ABATEMENT AGREEMENT REQUIREMENTS
677	670		Sec. 7811.157. NOTICE OF TAX ABATEMENT AGREEMENT TO
678	671		OTHER TAXING UNITS
679	672		Sec. 7811.158. MODIFICATION OR TERMINATION OF TAX
680	673		ABATEMENT AGREEMENT
681	674		Sec. 7811.159. REGISTRY OF REINVESTMENT ZONES AND TAX
682	675		ABATEMENT AGREEMENTS; ASSISTANCE TO
683	676		DISTRICT
684	677		Sec. 7811.160. PROPERTIES THAT MAY BE INCLUDED IN TAX
685	678		ABATEMENT AGREEMENT
686	679		SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
687	680		Sec. 7811.201. DEPOSITORY
688	681		Sec. 7811.202. AUTHORITY TO ISSUE BONDS AND INCUR
689	682		INDEBTEDNESS
690	683		Sec. 7811.203. CONSTITUENT MUNICIPALITIES NOT
691	684		OBLIGATED TO PAY DISTRICT OBLIGATIONS
692	685		Sec. 7811.204. BOND ANTICIPATION NOTES
693	686		Sec. 7811.205. PREVIOUSLY AUTHORIZED MAINTENANCE TAXES
694	687		CHAPTER 7811. DALLAS COUNTY FLOOD CONTROL DISTRICT NO. 1
695	688		SUBCHAPTER A. GENERAL PROVISIONS
696	689		Sec. 7811.001. DEFINITIONS. In this chapter:
697	690		(1) "Board" means the district's board of directors.
698	691		(2) "Constituent municipality" means the City of Grand
699	692		Prairie or the City of Irving.
700	693		(3) "Director" means a member of the board.
701	694		(4) "District" means the Dallas County Flood Control
702	695		District No. 1. (Acts 68th Leg., R.S., Ch. 1081, Secs. 1(b) (part),
703	696		(c), 2(a) (part); New.)
704	697		Sec. 7811.002. NATURE OF DISTRICT. The district is a
705	698		conservation and reclamation district established under Section
706	699		59, Article XVI, Texas Constitution. (Acts 68th Leg., R.S., Ch.
707	700		1081, Secs. 1(a), (b) (part).)
708	701		Sec. 7811.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
709	702		The district is created to serve a public use and benefit.
710	703		(b) The land and other property included in the district
711	704		will benefit from the works and projects accomplished by the
712	705		district and by the powers conferred by Section 59, Article XVI,
713	706		Texas Constitution.
714	707		(c) The creation and operation of the district is essential
715	708		to accomplish the purpose of Section 59, Article XVI, Texas
716	709		Constitution. (Acts 68th Leg., R.S., Ch. 1081, Secs. 8, 14.)
717	710		Sec. 7811.004. DISTRICT TERRITORY. (a) The district is
718	711		composed of the territory located within the redefined boundaries
719	712		of the district as filed in the deed records of Dallas County,
720	713		Texas, on August 29, 1983, as amended by Sections 2(b) and (d),
721	714		Chapter 1081, Acts of the 68th Legislature, Regular Session, 1983,
722	715		as that territory may have been modified under:
723	716		(1) Section 7811.005 of this chapter or its
724	717		predecessor statute, former Section 13, Chapter 1081, Acts of the
725	718		68th Legislature, Regular Session, 1983;
726	719		(2) Subchapter J, Chapter 49, Water Code; or
727	720		(3) other law.
728	721		(b) The boundaries and field notes of the district form a
729	722		closure. A mistake in the field notes or in copying the field notes
730	723		in the legislative process does not affect:
731	724		(1) the district's organization, existence, or
732	725		validity;
733	726		(2) the district's right to issue any type of bond for
734	727		a purpose for which the district is created or to pay the principal
735	728		of and interest on the bond;
736	729		(3) the district's right to impose a tax; or
737	730		(4) the legal operation of the district or its
738	731		governing body. (Acts 68th Leg., R.S., Ch. 1081, Secs. 2(a) (part),
739	732		(b), (c), (d); New.)
740	733		Sec. 7811.005. ANNEXATION OF LAND. Before the annexation
741	734		of land within the corporate limits of a constituent municipality,
742	735		the district must obtain the approval of the municipality. (Acts
743	736		68th Leg., R.S., Ch. 1081, Sec. 13 (part).)
744	737		SUBCHAPTER B. BOARD OF DIRECTORS
745	738		Sec. 7811.051. COMPOSITION OF BOARD; TERMS. (a) The
746	739		district is governed by a board consisting of five appointed
747	740		directors. The City of Irving appoints three directors and the City
748	741		of Grand Prairie appoints two directors.
749	742		(b) Directors serve two-year terms. (Acts 68th Leg., R.S.,
750	743		Ch. 1081, Sec. 3(a).)
751	744		Sec. 7811.052. ELIGIBILITY FOR OFFICE. A director must own
752	745		land in the district subject to taxation at the time the director
753	746		qualifies for office. (Acts 68th Leg., R.S., Ch. 1081, Sec. 3(c)
754	747		(part).)
755	748		Sec. 7811.053. DIRECTOR'S BOND. (a) A director shall
756	749		execute a bond in the amount of $5,000 for the faithful performance
757	750		of the director's duties.
758	751		(b) The bond must be filed in the office of the county clerk
759	752		of Dallas County. (Acts 68th Leg., R.S., Ch. 1081, Sec. 3(c)
760	753		(part).)
761	754		Sec. 7811.054. BOARD VACANCY. (a) If a director dies,
762	755		resigns, or ceases to possess the qualifications required for
763	756		office, the board shall declare the person's office vacant.
764	757		(b) The constituent municipality that appointed the
765	758		director whose position is vacant shall appoint a successor to fill
766	759		the unexpired term. (Acts 68th Leg., R.S., Ch. 1081, Sec. 3(b).)
767	760		Sec. 7811.055. BOARD PRESIDENT; ABSENCE OF BOARD PRESIDENT.
768	761		(a) The board may authorize the board's president to sign all orders
769	762		or take other action.
770	763		(b) Any order adopted or action taken at a board meeting at
771	764		which the board's president is absent may be signed by the board's
772	765		vice president, or the board may authorize the president to sign the
773	766		order or action at a later time. (Acts 68th Leg., R.S., Ch. 1081,
774	767		Secs. 3(f) (part), (g).)
775	768		Sec. 7811.056. SECRETARY'S DUTIES. The board secretary
776	769		shall keep accurate minutes and shall certify any action taken by
777	770		the board. (Acts 68th Leg., R.S., Ch. 1081, Sec. 3(h).)
778	771		Sec. 7811.057. TREASURER. (a) The board may appoint a
779	772		district treasurer.
780	773		(b) The district treasurer shall execute a bond in an amount
781	774		determined by the board payable to the district and conditioned on
782	775		the faithful performance of the treasurer's duties. (Acts 68th
783	776		Leg., R.S., Ch. 1081, Sec. 11(d).)
784	777		Sec. 7811.058. COMPENSATION OF DIRECTORS. (a) A director
785	778		is entitled to receive $25 for each day spent performing district
786	779		work, not to exceed $200 per month.
787	780		(b) In all areas of conflict with Subsection (a) of this
788	781		section, Section 49.060, Water Code, takes precedence.
789	782		(c) A director's compensation may be increased as
790	783		authorized by Section 49.060, Water Code, by resolution adopted by
791	784		the board in accordance with Subsection (e) of that section on or
792	785		after September 1, 1995. (Acts 68th Leg., R.S., Ch. 1081, Sec. 3(i)
793	786		(part); New.)
794	787		Sec. 7811.059. VOTE REQUIRED FOR OFFICIAL BOARD ACTION. An
795	788		official action of the board is not valid without the affirmative
796	789		vote of a majority of the directors. (Acts 68th Leg., R.S., Ch.
797	790		1081, Sec. 3(d) (part).)
798	791		Sec. 7811.060. DESIGNATION OF DIRECTOR TO ACT ON DISTRICT'S
799	792		BEHALF. The board may designate one or more directors to execute on
800	793		behalf of the district all contracts, including a construction
801	794		contract, sign checks, or handle any other matter entered into by
802	795		the board as shown in the district's official minutes. (Acts 68th
803	796		Leg., R.S., Ch. 1081, Sec. 3(e).)
804	797		Sec. 7811.061. DISTRICT OFFICE. (a) The board shall
805	798		establish and maintain a district office inside the district.
806	799		(b) The board may establish a second district office outside
807	800		the district.
808	801		(c) A district office may be a private residence or office
809	802		and that residence or office is a public place for matters relating
810	803		to the district's business. (Acts 68th Leg., R.S., Ch. 1081, Sec.
811	804		12.)
812	805		Sec. 7811.062. RECORDS. The board shall keep the
813	806		district's records open to public inspection at reasonable times at
814	807		the district's principal office. (Acts 68th Leg., R.S., Ch. 1081,
815	808		Sec. 3(k).)
816	809		SUBCHAPTER C. POWERS AND DUTIES
817	810		Sec. 7811.101. GENERAL POWERS AND DUTIES. (a) The district
818	811		may exercise the rights, powers, privileges, and functions provided
819	812		by Section 59, Article XVI, Texas Constitution, Chapters 49 and 57,
820	813		Water Code, and this chapter.
821	814		(b) The district may construct and maintain levees and other
822	815		improvements on, along, and contiguous to rivers, creeks, streams,
823	816		and drainage courses for the purposes of:
824	817		(1) reclaiming land from overflow from that water;
825	818		(2) controlling and distributing the water of rivers
826	819		and streams by straightening and improving the rivers and streams;
827	820		(3) draining and improving the land; and
828	821		(4) preventing the pollution of the water. (Acts 68th
829	822		Leg., R.S., Ch. 1081, Secs. 1(d) (part), (e); New.)
830	823		Sec. 7811.102. EMINENT DOMAIN. (a) The district may
831	824		exercise the power of eminent domain in Dallas County to acquire the
832	825		fee simple title to or an easement or right-of-way to, over, or
833	826		through any land, water, or land under water inside or outside the
834	827		district that has a direct effect on the accomplishment of the
835	828		purposes for which the district is created and is necessary for
836	829		constructing and maintaining all levees and other improvements for
837	830		the improvement of rivers, creeks, streams, or drainage courses in
838	831		the district or bordering the district and to prevent overflows.
839	832		(b) The district may not exercise the power of eminent
840	833		domain under Subsection (a) to acquire land or other property that
841	834		is used for cemetery purposes.
842	835		(c) The district must exercise the power of eminent domain
843	836		in the manner provided by Chapter 21, Property Code.
844	837		(d) The district may not exercise the power of eminent
845	838		domain within the corporate limits of a constituent municipality
846	839		without the prior approval by resolution of the governing body of
847	840		the municipality.
848	841		(e) The district's authority under this section to exercise
849	842		the power of eminent domain expired on September 1, 2013, unless the
850	843		district submitted a letter to the comptroller in accordance with
851	844		Section 2206.101(b), Government Code, not later than December 31,
852	845		2012. (Acts 68th Leg., R.S., Ch. 1081, Secs. 9(a), (b) (part), (d);
853	846		New.)
854	847		Sec. 7811.103. COST OF RELOCATING OR ALTERING PROPERTY.
855	848		(a) In this section, "sole expense" means the actual cost of
856	849		relocating, raising, lowering, rerouting, changing the grade of, or
857	850		altering the construction of a facility described by Subsection (b)
858	851		to provide comparable replacement without enhancement of the
859	852		facility, after deducting the net salvage value of the old
860	853		facility.
861	854		(b) If the district's exercise of its power of eminent
862	855		domain makes necessary relocating, raising, lowering, rerouting,
863	856		changing the grade of, or altering the construction of a highway,
864	857		railroad, electric transmission or distribution line, telephone or
865	858		telegraph property or facility, or pipeline, the necessary action
866	859		shall be accomplished at the sole expense of the district unless the
867	860		owner of the relocated or altered facility has a legal obligation to
868	861		pay those expenses. (Acts 68th Leg., R.S., Ch. 1081, Sec. 9(c).)
869	862		Sec. 7811.104. CONTRACTS FOR FACILITIES AND IMPROVEMENTS;
870	863		ELECTION NOT REQUIRED. (a) The district may enter into a contract
871	864		with a person for the maintenance or construction of any facility or
872	865		improvement authorized by this chapter.
873	866		(b) The district may enter into a contract under Subsection
874	867		(a) without:
875	868		(1) voting for the issuance of bonds; or
876	869		(2) holding an election to approve the contract. (Acts
877	870		68th Leg., R.S., Ch. 1081, Sec. 10.)
878	871		Sec. 7811.105. PROHIBITED FUNCTIONS. The district may not:
879	872		(1) engage in any park, water service, wastewater
880	873		service, police, or firefighting function; or
881	874		(2) spend any district money or issue bonds for any
882	875		function described by Subdivision (1). (Acts 68th Leg., R.S., Ch.
883	876		1081, Sec. 7.)
884	877		Sec. 7811.106. STANDARDS FOR ROAD, STREET, OR UTILITY
885	878		CONSTRUCTION. Any road, street, or utility construction by the
886	879		district begun on or after August 31, 1987, within the corporate
887	880		limits of a constituent municipality must comply with the standards
888	881		for construction adopted by the municipality. (Acts 68th Leg.,
889	882		R.S., Ch. 1081, Sec. 15.)
890	883		Sec. 7811.107. APPROVAL OF RECLAMATION PLAN, AMENDMENT, OR
891	884		PROJECT. In addition to any other requirements in this chapter, a
892	885		reclamation plan adopted by the district, an amendment to a
893	886		reclamation plan, or a project of the district that is not included
894	887		in a reclamation plan must be approved by both constituent
895	888		municipalities before the plan, amendment, or project takes effect.
896	889		(Acts 68th Leg., R.S., Ch. 1081, Sec. 1(g).)
897	890		SUBCHAPTER D. TAX ABATEMENT IN REINVESTMENT ZONE
898	891		Sec. 7811.151. DESIGNATION OF REINVESTMENT ZONE. (a) The
899	892		district by resolution may designate as a reinvestment zone an area
900	893		or real or personal property in the taxing jurisdiction of the
901	894		district that the board finds satisfies the requirements of Section
902	895		7811.152. The board must find that the proposed
903	896		commercial-industrial or residential project or projects meet the
904	897		criteria prescribed by Section 7811.152.
905	898		(b) The resolution must describe the boundaries of the zone
906	899		and the eligibility of the zone for commercial-industrial or
907	900		residential tax abatement.
908	901		(c) The area of a reinvestment zone designated for
909	902		commercial-industrial or residential tax abatement may be included
910	903		in an overlapping or coincidental commercial-industrial or
911	904		residential zone established under Chapter 312, Tax Code.
912	905		(d) The district may not adopt a resolution designating an
913	906		area as a reinvestment zone until the district has held a public
914	907		hearing on the designation and has found that the improvements
915	908		sought are feasible and practical and would be a benefit to the land
916	909		to be included in the zone and to the district after the expiration
917	910		of an agreement entered into under Section 7811.154 or 7811.155. At
918	911		the hearing, interested persons are entitled to speak and present
919	912		evidence for or against the designation. Not later than the seventh
920	913		day before the date of the hearing, notice of the hearing must be:
921	914		(1) published in a newspaper having general
922	915		circulation in the district; and
923	916		(2) delivered in writing to the presiding officer of
924	917		the governing body of each taxing unit that includes in its
925	918		boundaries real property that is to be included in the proposed
926	919		reinvestment zone.
927	920		(e) A notice made under Subsection (d)(2) is presumed
928	921		delivered when placed in the mail postage paid and properly
929	922		addressed to the appropriate presiding officer. A notice properly
930	923		addressed and sent by registered or certified mail for which a
931	924		return receipt is received by the sender is considered to have been
932	925		delivered to the addressee. (Acts 68th Leg., R.S., Ch. 1081, Secs.
933	926		16A (part), 16C.)
934	927		Sec. 7811.152. CRITERIA FOR REINVESTMENT ZONE. To be
935	928		designated as a reinvestment zone under this subchapter, an area
936	929		must be reasonably likely as a result of the designation to
937	930		contribute to the retention or expansion of primary employment or
938	931		to attract major investment in the zone that would be a benefit to
939	932		the property and that would contribute to the economic development
940	933		of the district. (Acts 68th Leg., R.S., Ch. 1081, Sec. 16D(a).)
941	934		Sec. 7811.153. EXPIRATION OF REINVESTMENT ZONE. The
942	935		designation of a reinvestment zone for commercial-industrial or
943	936		residential tax abatement expires five years after the date of the
944	937		designation and may be renewed for periods not to exceed five years.
945	938		The expiration of the designation does not affect an existing tax
946	939		abatement agreement governed by this subchapter. (Acts 68th Leg.,
947	940		R.S., Ch. 1081, Sec. 16D(b).)
948	941		Sec. 7811.154. TAX ABATEMENT AGREEMENT. (a) The district
949	942		may enter into a tax abatement agreement by agreeing, in writing,
950	943		with the owner of taxable real property that is located in a
951	944		reinvestment zone to exempt from taxation a portion of the value of
952	945		the real property or of tangible personal property located on the
953	946		real property, or both, for a period not to exceed 30 years, on the
954	947		condition that the owner of the property make specific improvements
955	948		or repairs to the property.
956	949		(b) The real property covered by the agreement may not be
957	950		located in an improvement project financed by tax increment bonds.
958	951		(c) The agreement is subject to the rights of holders of
959	952		outstanding bonds of the district.
960	953		(d) The agreement may:
961	954		(1) provide for the exemption of the real property in
962	955		each year covered by the agreement only to the extent its value for
963	956		that year exceeds its value for the year in which the agreement is
964	957		executed;
965	958		(2) provide for the exemption of tangible personal
966	959		property located on the real property in each year covered by the
967	960		agreement other than tangible personal property that was located on
968	961		the real property at any time before the period covered by the
969	962		agreement with the district; and
970	963		(3) cover more than one commercial-industrial or
971	964		residential project. (Acts 68th Leg., R.S., Ch. 1081, Secs. 16A
972	965		(part), 16E(a).)
973	966		Sec. 7811.155. TAX ABATEMENT AGREEMENT: CERTIFICATED AIR
974	967		CARRIER. (a) The district may enter into a tax abatement
975	968		agreement by agreeing, in writing, with the owner or lessee of real
976	969		property that is located in a reinvestment zone to exempt from
977	970		taxation for a period not to exceed 30 years a portion of the value
978	971		of the real property or of personal property, or both, located in
979	972		the zone and owned or leased by a certificated air carrier on the
980	973		condition that the certificated air carrier:
981	974		(1) make specific real property improvements; or
982	975		(2) lease, for a term of 30 years or more, real
983	976		property improvements located in the reinvestment zone.
984	977		(b) The agreement may provide for the exemption of the:
985	978		(1) real property in each year covered by the
986	979		agreement to the extent its value for that year exceeds its value
987	980		for the year in which the agreement is executed; and
988	981		(2) personal property owned or leased by a
989	982		certificated air carrier located in the reinvestment zone in each
990	983		year covered by the agreement other than specific personal property
991	984		that was located in the reinvestment zone at any time before the
992	985		period covered by the agreement with the district. (Acts 68th Leg.,
993	986		R.S., Ch. 1081, Secs. 16A (part), 16E(d).)
994	987		Sec. 7811.156. TAX ABATEMENT AGREEMENT REQUIREMENTS. (a)
995	988		This section applies to an agreement made under Section 7811.154 or
996	989		7811.155.
997	990		(b) The agreement must:
998	991		(1) list the kind, number, and location of all
999	992		proposed improvements of the property; and
1000	993		(2) provide for:
1001	994		(A) the availability of tax abatement for both
1002	995		new facilities and structures and for the expansion or
1003	996		modernization of existing facilities and structures; and
1004	997		(B) recapturing property tax revenue lost as a
1005	998		result of the agreement if the owner of the property fails to make
1006	999		the improvements or repairs as provided by the agreement.
1007	1000		(c) A tax abatement agreement is not required to contain
1008	1001		terms identical to another tax abatement agreement that covers the
1009	1002		same exempted property or a portion of that property.
1010	1003		(d) Property that is in a reinvestment zone and that is
1011	1004		owned or leased by a director is excluded from property tax
1012	1005		abatement.
1013	1006		(e) The agreement may include, at the option of the
1014	1007		district, provisions for maps showing existing uses and conditions
1015	1008		and proposed improvements and uses of real property in the
1016	1009		reinvestment zone.
1017	1010		(f) On approval by the district, the agreement may be
1018	1011		executed in the same manner as other contracts made by the district.
1019	1012		(g) The agreement applies only to taxes levied by the
1020	1013		district and does not affect other taxing units that levy taxes on
1021	1014		property in the district. (Acts 68th Leg., R.S., Ch. 1081, Secs. 16A
1022	1015		(part), 16E(b), (c), (e), (f), (g) (part), (h).)
1023	1016		Sec. 7811.157. NOTICE OF TAX ABATEMENT AGREEMENT TO OTHER
1024	1017		TAXING UNITS. (a) Not later than the seventh day before the date on
1025	1018		which the district enters into an agreement under Section 7811.154
1026	1019		or 7811.155, the board or a designated officer or employee of the
1027	1020		district shall deliver a written notice that the district intends
1028	1021		to enter into the agreement to the Texas Commission on
1029	1022		Environmental Quality and to the presiding officer of the governing
1030	1023		body of each other taxing unit in which the property to be subject
1031	1024		to the agreement is located. The notice must include a copy of the
1032	1025		proposed agreement.
1033	1026		(b) A notice is presumed delivered when placed in the mail
1034	1027		postage paid and properly addressed to the appropriate presiding
1035	1028		officer. A notice properly addressed and sent by registered or
1036	1029		certified mail for which a return receipt is received by the sender
1037	1030		is considered to have been delivered to the addressee.
1038	1031		(c) Failure to deliver the notice does not affect the
1039	1032		validity of the agreement. (Acts 68th Leg., R.S., Ch. 1081, Sec.
1040	1033		16F.)
1041	1034		Sec. 7811.158. MODIFICATION OR TERMINATION OF TAX ABATEMENT
1042	1035		AGREEMENT. (a) At any time before the expiration of an agreement
1043	1036		governed by this subchapter, the agreement may be modified by the
1044	1037		parties to the agreement to include other provisions that could
1045	1038		have been included in the original agreement or to delete
1046	1039		provisions that were not necessary to the original agreement. The
1047	1040		modification must be made by the same procedure by which the
1048	1041		original agreement was approved and executed. The original
1049	1042		agreement may not be modified to extend beyond 30 years from the
1050	1043		date of the original agreement.
1051	1044		(b) An agreement governed by this subchapter may be
1052	1045		terminated by the mutual consent of the parties in the same manner
1053	1046		that the agreement was approved and executed. (Acts 68th Leg.,
1054	1047		R.S., Ch. 1081, Sec. 16G.)
1055	1048		Sec. 7811.159. REGISTRY OF REINVESTMENT ZONES AND TAX
1056	1049		ABATEMENT AGREEMENTS; ASSISTANCE TO DISTRICT. (a) The Texas
1057	1050		Economic Development and Tourism Office shall maintain a central
1058	1051		registry of reinvestment zones governed by this subchapter and of
1059	1052		ad valorem tax abatement agreements executed under this subchapter.
1060	1053		Before April 1 of the year following the year in which the zone is
1061	1054		designated or the agreement is executed, the district shall deliver
1062	1055		to the office, the comptroller, and the Texas Commission on
1063	1056		Environmental Quality a report that provides:
1064	1057		(1) for a reinvestment zone, a general description of
1065	1058		the zone, including its size, the types of property located in it,
1066	1059		and its duration; and
1067	1060		(2) for a tax abatement agreement, the parties to the
1068	1061		agreement, a general description of the property and the
1069	1062		improvements or repairs to be made under the agreement, the portion
1070	1063		of the property to be exempted, and the duration of the agreement.
1071	1064		(b) On the request of the board or the board's president,
1072	1065		the office may provide assistance to the district relating to the
1073	1066		administration of this subchapter, including the designation of
1074	1067		reinvestment zones and the adoption of tax abatement agreements.
1075	1068		(Acts 68th Leg., R.S., Ch. 1081, Sec. 16B.)
1076	1069		Sec. 7811.160. PROPERTIES THAT MAY BE INCLUDED IN TAX
1077	1070		ABATEMENT AGREEMENT. (a) The district may include in a tax
1078	1071		abatement agreement:
1079	1072		(1) facilities and structures for which construction
1080	1073		began on or after October 1, 1990, but before June 10, 1991;
1081	1074		(2) existing facilities and structures for which
1082	1075		expansion or modernization construction began on or after October
1083	1076		1, 1990, but before June 10, 1991; and
1084	1077		(3) tangible personal property located on property
1085	1078		described by Subdivision (1) or (2) in each year covered by the
1086	1079		agreement, other than tangible personal property that was located
1087	1080		on the property at any time before the time period covered by the
1088	1081		agreement.
1089	1082		(b) A tax abatement agreement made under this section may be
1090	1083		based on the value of the property on January 1 of the year in which
1091	1084		the construction, expansion, or modernization of the property
1092	1085		began. (Acts 72nd Leg., R.S., Ch. 318, Sec. 2.)
1093	1086		SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
1094	1087		Sec. 7811.201. DEPOSITORY. (a) The board shall designate
1095	1088		one or more banks to serve as the depository for district money.
1096	1089		(b) District money shall be deposited as received in a
1097	1090		depository bank, other than money transmitted to a bank for payment
1098	1091		of bonds issued by the district.
1099	1092		(c) If district money is deposited in a depository that is
1100	1093		not insured by the Federal Deposit Insurance Corporation, the money
1101	1094		must be secured in the manner provided by law for the security of
1102	1095		county funds. (Acts 68th Leg., R.S., Ch. 1081, Secs. 11(a), (b),
1103	1096		(c).)
1104	1097		Sec. 7811.202. AUTHORITY TO ISSUE BONDS AND INCUR
1105	1098		INDEBTEDNESS. (a) The district may issue bonds and incur other
1106	1099		indebtedness in the manner provided by Section 7803.113 and
1107	1100		Subchapter E, Chapter 7803.
1108	1101		(b) The district shall file with both constituent
1109	1102		municipalities a notice of intent to issue bonds or other
1110	1103		indebtedness not later than the 20th day before the date of
1111	1104		issuance. The notice must state the purpose for which the bonds or
1112	1105		other indebtedness are issued and the approximate principal amount
1113	1106		of the bonds or indebtedness.
1114	1107		(c) Before the district issues bonds or other indebtedness
1115	1108		in an amount of more than $500,000, the district must obtain the
1116	1109		approval by resolution of the governing bodies of both constituent
1117	1110		municipalities.
1118	1111		(d) Bonds or other indebtedness may not be sold at discount
1119	1112		from the principal amount without the prior approval of both
1120	1113		constituent municipalities. (Acts 68th Leg., R.S., Ch. 1081, Secs.
1121	1114		4(c), (d), (e).)
1122	1115		Sec. 7811.203. CONSTITUENT MUNICIPALITIES NOT OBLIGATED TO
1123	1116		PAY DISTRICT OBLIGATIONS. This chapter does not authorize the
1124	1117		lending or pledge of the credit of either constituent municipality
1125	1118		to the bonds and other indebtedness of the district. The
1126	1119		constituent municipalities are not obligated to pay any bonds,
1127	1120		indebtedness, or other debt of the district. (Acts 68th Leg., R.S.,
1128	1121		Ch. 1081, Sec. 4(f).)
1129	1122		Sec. 7811.204. BOND ANTICIPATION NOTES. (a) In addition to
1130	1123		all other methods of acquiring money for district purposes, the
1131	1124		district may issue bond anticipation notes for any purpose for
1132	1125		which district bonds have been voted or may be issued to refund
1133	1126		outstanding bond anticipation notes and the interest on the notes
1134	1127		being refunded.
1135	1128		(b) The notes may bear interest at any rate not to exceed the
1136	1129		maximum interest rate applicable to the district's authorized
1137	1130		bonds.
1138	1131		(c) The maximum amount of the notes outstanding at any one
1139	1132		time may not exceed $500,000 without the prior consent of both
1140	1133		constituent municipalities.
1141	1134		(d) The district shall pay the notes only from the proceeds
1142	1135		of the sale of bonds by the district. (Acts 68th Leg., R.S., Ch.
1143	1136		1081, Secs. 6(a), (b) (part), (c), (d).)
1144	1137		Sec. 7811.205. PREVIOUSLY AUTHORIZED MAINTENANCE TAXES.
1145	1138		The district may impose a maintenance tax that has been previously
1146	1139		authorized at an election held in the district. (Acts 68th Leg.,
1147	1140		R.S., Ch. 1081, Sec. 4(b) (part).)
1148	1141		SECTION 1.04. Subtitle H, Title 6, Special District Local
1149	1142		Laws Code, is amended by adding Chapters 8877, 8879, 8880, 8881,
1150	1143		8882, 8883, 8884, 8885, 8886, 8887, and 8888 to read as follows:
1151	1144		CHAPTER 8877. CLEARWATER UNDERGROUND WATER CONSERVATION DISTRICT
1152	1145		SUBCHAPTER A. GENERAL PROVISIONS
1153	1146		Sec. 8877.001. DEFINITIONS
1154	1147		Sec. 8877.002. NATURE OF DISTRICT
1155	1148		Sec. 8877.003. FINDINGS OF PUBLIC USE AND BENEFIT
1156	1149		Sec. 8877.004. DISTRICT TERRITORY
1157	1150		Sec. 8877.005. CONFLICTS OF LAW
1158	1151		SUBCHAPTER B. BOARD OF DIRECTORS
1159	1152		Sec. 8877.051. COMPOSITION OF BOARD; TERMS
1160	1153		Sec. 8877.052. ELECTION OF DIRECTORS
1161	1154		Sec. 8877.053. ELECTION DATE
1162	1155		Sec. 8877.054. QUALIFICATIONS FOR OFFICE
1163	1156		SUBCHAPTER C. POWERS AND DUTIES
1164	1157		Sec. 8877.101. GENERAL POWERS AND DUTIES
1165	1158		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
1166	1159		Sec. 8877.151. MAINTENANCE AND OPERATION TAX
1167	1160		CHAPTER 8877. CLEARWATER UNDERGROUND WATER CONSERVATION DISTRICT
1168	1161		SUBCHAPTER A. GENERAL PROVISIONS
1169	1162		Sec. 8877.001. DEFINITIONS. In this chapter:
1170	1163		(1) "Board" means the district's board of directors.
1171	1164		(2) "Director" means a board member.
1172	1165		(3) "District" means the Clearwater Underground Water
1173	1166		Conservation District. (Acts 71st Leg., R.S., Ch. 524, Secs. 1(a)
1174	1167		(part), 2; New.)
1175	1168		Sec. 8877.002. NATURE OF DISTRICT. The district is a
1176	1169		groundwater conservation district in Bell County created under and
1177	1170		essential to accomplish the purposes of Section 59, Article XVI,
1178	1171		Texas Constitution. (Acts 71st Leg., R.S., Ch. 524, Secs. 1(a)
1179	1172		(part), (b), 3 (part).)
1180	1173		Sec. 8877.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
1181	1174		district is created to serve a public use and benefit.
1182	1175		(b) All land and other property included in the district
1183	1176		will benefit from the works and projects accomplished by the
1184	1177		district under the powers conferred by Section 59, Article XVI,
1185	1178		Texas Constitution. (Acts 71st Leg., R.S., Ch. 524, Sec. 5.)
1186	1179		Sec. 8877.004. DISTRICT TERRITORY. The district includes
1187	1180		the territory located in Bell County unless the district's
1188	1181		territory has been modified under:
1189	1182		(1) Subchapter J or K, Chapter 36, Water Code; or
1190	1183		(2) other law. (Acts 71st Leg., R.S., Ch. 524, Sec. 3;
1191	1184		New.)
1192	1185		Sec. 8877.005. CONFLICTS OF LAW. This chapter prevails
1193	1186		over any provision of general law that is in conflict or
1194	1187		inconsistent with this chapter. (Acts 71st Leg., R.S., Ch. 524,
1195	1188		Sec. 6(a) (part).)
1196	1189		SUBCHAPTER B. BOARD OF DIRECTORS
1197	1190		Sec. 8877.051. COMPOSITION OF BOARD; TERMS. (a) The
1198	1191		district is governed by a board of five elected directors.
1199	1192		(b) Except as provided by Section 8877.052(d), directors
1200	1193		serve staggered four-year terms. (Acts 71st Leg., R.S., Ch. 524,
1201	1194		Secs. 7(a), (d), 10(e) (part).)
1202	1195		Sec. 8877.052. ELECTION OF DIRECTORS. (a) Directors are
1203	1196		elected according to the commissioners precinct method as provided
1204	1197		by this section.
1205	1198		(b) One director is elected by the voters of the entire
1206	1199		district. One director is elected from each county commissioners
1207	1200		precinct by the voters of that precinct.
1208	1201		(c) A person shall indicate on the application for a place
1209	1202		on the ballot:
1210	1203		(1) the precinct that the person seeks to represent;
1211	1204		or
1212	1205		(2) that the person seeks to represent the district at
1213	1206		large.
1214	1207		(d) At the first election after the county commissioners
1215	1208		precincts are redrawn under Section 18, Article V, Texas
1216	1209		Constitution, four new directors shall be elected to represent the
1217	1210		newly redrawn precincts. The directors from precincts one and three
1218	1211		shall be elected for two-year terms. The directors from precincts
1219	1212		two and four shall be elected for four-year terms. When the
1220	1213		directors elected from the new precincts take office, the terms of
1221	1214		the directors elected from the previous precincts expire. (Acts
1222	1215		71st Leg., R.S., Ch. 524, Secs. 10(a), (b), (d), (f).)
1223	1216		Sec. 8877.053. ELECTION DATE. The district shall hold an
1224	1217		election to elect the appropriate number of directors on the
1225	1218		uniform election date in November of each even-numbered year.
1226	1219		(Acts 71st Leg., R.S., Ch. 524, Sec. 10(e) (part).)
1227	1220		Sec. 8877.054. QUALIFICATIONS FOR OFFICE. (a) To be
1228	1221		qualified to be a candidate for or to serve as director at large, a
1229	1222		person must be a registered voter in the district.
1230	1223		(b) To be a candidate for or to serve as director from a
1231	1224		county commissioners precinct, a person must be a registered voter
1232	1225		of that precinct. (Acts 71st Leg., R.S., Ch. 524, Sec. 10(c).)
1233	1226		SUBCHAPTER C. POWERS AND DUTIES
1234	1227		Sec. 8877.101. GENERAL POWERS AND DUTIES. The district has
1235	1228		all of the rights, powers, privileges, functions, and duties
1236	1229		provided by the general law of this state, including Chapter 36,
1237	1230		Water Code, applicable to groundwater conservation districts
1238	1231		created under Section 59, Article XVI, Texas Constitution. (Acts
1239	1232		71st Leg., R.S., Ch. 524, Sec. 6(a) (part).)
1240	1233		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
1241	1234		Sec. 8877.151. MAINTENANCE AND OPERATION TAX. (a) Except
1242	1235		as provided by Subsection (b), the district may impose an ad valorem
1243	1236		tax at a rate not to exceed five cents on each $100 of valuation of
1244	1237		property in the district to pay for the maintenance and operation of
1245	1238		the district on approval of a majority of the voters of the district
1246	1239		at an election held for that purpose.
1247	1240		(b) The board may increase the maximum amount of ad valorem
1248	1241		taxes that may be imposed in the district:
1249	1242		(1) if the board determines that the maximum tax
1250	1243		authorized by Subsection (a) is not sufficient to pay the
1251	1244		maintenance and operating expenses of the district; and
1252	1245		(2) on approval of a majority of the voters of the
1253	1246		district voting at an election held for that purpose.
1254	1247		(c) The maximum amount of taxes that may be authorized under
1255	1248		this section may not exceed 25 cents on each $100 of valuation of
1256	1249		property in the district. (Acts 71st Leg., R.S., Ch. 524, Secs.
1257	1250		11(a), (b).)
1258	1251		CHAPTER 8879. CROCKETT COUNTY GROUNDWATER CONSERVATION DISTRICT
1259	1252		SUBCHAPTER A. GENERAL PROVISIONS
1260	1253		Sec. 8879.001. DEFINITIONS
1261	1254		Sec. 8879.002. NATURE OF DISTRICT
1262	1255		Sec. 8879.003. FINDINGS OF PUBLIC USE AND BENEFIT
1263	1256		Sec. 8879.004. DISTRICT TERRITORY
1264	1257		Sec. 8879.005. LOCATION OF DISTRICT ELECTIONS
1265	1258		Sec. 8879.006. CONFLICTS OF LAW
1266	1259		SUBCHAPTER B. BOARD OF DIRECTORS
1267	1260		Sec. 8879.051. COMPOSITION OF BOARD; TERMS
1268	1261		Sec. 8879.052. ELECTION DATE
1269	1262		Sec. 8879.053. DISQUALIFICATION OF DIRECTORS
1270	1263		SUBCHAPTER C. POWERS AND DUTIES
1271	1264		Sec. 8879.101. GENERAL POWERS AND DUTIES
1272	1265		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
1273	1266		Sec. 8879.151. LIMITATION ON AD VALOREM TAX RATE
1274	1267		Sec. 8879.152. ELECTION TO INCREASE AD VALOREM TAX
1275	1268		RATE
1276	1269		CHAPTER 8879. CROCKETT COUNTY GROUNDWATER CONSERVATION DISTRICT
1277	1270		SUBCHAPTER A. GENERAL PROVISIONS
1278	1271		Sec. 8879.001. DEFINITIONS. In this chapter:
1279	1272		(1) "Board" means the district's board of directors.
1280	1273		(2) "Director" means a board member.
1281	1274		(3) "District" means the Crockett County Groundwater
1282	1275		Conservation District. (Acts 71st Leg., R.S., Ch. 712, Sec. 2;
1283	1276		New.)
1284	1277		Sec. 8879.002. NATURE OF DISTRICT. The district is a
1285	1278		groundwater conservation district in Crockett County created under
1286	1279		and essential to accomplish the purposes of Section 59, Article
1287	1280		XVI, Texas Constitution. (Acts 71st Leg., R.S., Ch. 712, Secs. 1(a)
1288	1281		(part), (b).)
1289	1282		Sec. 8879.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
1290	1283		district is created to serve a public use and benefit.
1291	1284		(b) All land and other property included in the district
1292	1285		will benefit from the works and projects accomplished by the
1293	1286		district under the powers conferred by Section 59, Article XVI,
1294	1287		Texas Constitution. (Acts 71st Leg., R.S., Ch. 712, Sec. 5.)
1295	1288		Sec. 8879.004. DISTRICT TERRITORY. (a) The district is
1296	1289		composed of the territory in Crockett County other than the tract of
1297	1290		land described by metes and bounds in Section 3, Chapter 712, Acts
1298	1291		of the 71st Legislature, Regular Session, 1989, as that territory
1299	1292		may have been modified under:
1300	1293		(1) Subchapter J or K, Chapter 36, Water Code; or
1301	1294		(2) other law.
1302	1295		(b) The boundaries and field notes of the district form a
1303	1296		closure. A mistake in the field notes or in copying the field notes
1304	1297		in the legislative process does not affect:
1305	1298		(1) the district's organization, existence, or
1306	1299		validity;
1307	1300		(2) the district's right to impose taxes; or
1308	1301		(3) the legality or operation of the district or its
1309	1302		governing body. (Acts 71st Leg., R.S., Ch. 712, Secs. 3 (part), 4;
1310	1303		New.)
1311	1304		Sec. 8879.005. LOCATION OF DISTRICT ELECTIONS. A district
1312	1305		election may be held at any location in Crockett County. (Acts 71st
1313	1306		Leg., R.S., Ch. 712, Sec. 10B.)
1314	1307		Sec. 8879.006. CONFLICTS OF LAW. This chapter prevails
1315	1308		over any provision of general law that is in conflict or
1316	1309		inconsistent with this chapter. (Acts 71st Leg., R.S., Ch. 712,
1317	1310		Sec. 6(a) (part).)
1318	1311		SUBCHAPTER B. BOARD OF DIRECTORS
1319	1312		Sec. 8879.051. COMPOSITION OF BOARD; TERMS. (a) The
1320	1313		district is governed by a board of five elected directors.
1321	1314		(b) Directors serve staggered four-year terms, with the
1322	1315		terms of two or three directors expiring December 1 of each
1323	1316		even-numbered year. (Acts 71st Leg., R.S., Ch. 712, Secs. 7(a),
1324	1317		(d), 10A (part).)
1325	1318		Sec. 8879.052. ELECTION DATE. The district shall hold an
1326	1319		election to elect the appropriate number of directors on the
1327	1320		uniform election date in November of each even-numbered year.
1328	1321		(Acts 71st Leg., R.S., Ch. 712, Sec. 10A.)
1329	1322		Sec. 8879.053. DISQUALIFICATION OF DIRECTORS.
1330	1323		Notwithstanding Sections 49.001 and 49.002(b), Water Code, Section
1331	1324		49.052, Water Code, applies to a director. (Acts 71st Leg., R.S.,
1332	1325		Ch. 712, Sec. 7(a-1).)
1333	1326		SUBCHAPTER C. POWERS AND DUTIES
1334	1327		Sec. 8879.101. GENERAL POWERS AND DUTIES. The district has
1335	1328		the rights, powers, privileges, functions, and duties provided by
1336	1329		the general law of this state, including Chapter 36 and Subchapters
1337	1330		H and I, Chapter 49, Water Code, applicable to groundwater
1338	1331		conservation districts created under Section 59, Article XVI, Texas
1339	1332		Constitution. (Acts 71st Leg., R.S., Ch. 712, Sec. 6(a) (part).)
1340	1333		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
1341	1334		Sec. 8879.151. LIMITATION ON AD VALOREM TAX RATE. Except as
1342	1335		provided by Section 8879.152, the rate of an ad valorem tax imposed
1343	1336		by the district under Chapter 36, Water Code, may not exceed five
1344	1337		cents on each $100 of assessed valuation. (Acts 71st Leg., R.S.,
1345	1338		Ch. 712, Sec. 11(a); New.)
1346	1339		Sec. 8879.152. ELECTION TO INCREASE AD VALOREM TAX RATE.
1347	1340		(a) If at a regular meeting of the board, the board determines that
1348	1341		the district ad valorem tax is no longer sufficient, the board may
1349	1342		hold an election to approve an increase in the district's tax rate
1350	1343		not to exceed an additional five cents on each $100 of assessed
1351	1344		valuation above the rate specified by Section 8879.151.
1352	1345		(b) If a majority of the voters favor the increase in the
1353	1346		district's tax rate, the district may impose an ad valorem tax at
1354	1347		the increased rate. (Acts 71st Leg., R.S., Ch. 712, Sec. 11(b).)
1355	1348		CHAPTER 8880. GONZALES COUNTY UNDERGROUND WATER CONSERVATION
1356	1349		DISTRICT
1357	1350		SUBCHAPTER A. GENERAL PROVISIONS
1358	1351		Sec. 8880.001. DEFINITIONS
1359	1352		SUBCHAPTER B. BOARD OF DIRECTORS
1360	1353		Sec. 8880.051. SINGLE-MEMBER DIRECTOR PRECINCTS
1361	1354		CHAPTER 8880. GONZALES COUNTY UNDERGROUND WATER CONSERVATION
1362	1355		DISTRICT
1363	1356		SUBCHAPTER A. GENERAL PROVISIONS
1364	1357		Sec. 8880.001. DEFINITIONS. In this chapter:
1365	1358		(1) "Board" means the district's board of directors.
1366	1359		(2) "Director" means a board member.
1367	1360		(3) "District" means the Gonzales County Underground
1368	1361		Water Conservation District. (Acts 74th Leg., R.S., Ch. 368, Sec.
1369	1362		1; New.)
1370	1363		SUBCHAPTER B. BOARD OF DIRECTORS
1371	1364		Sec. 8880.051. SINGLE-MEMBER DIRECTOR PRECINCTS. (a) The
1372	1365		board may divide the district into five single-member director
1373	1366		precincts of substantially equal population for the purpose of
1374	1367		electing directors.
1375	1368		(b) Notwithstanding Section 36.059(b), Water Code, the
1376	1369		board may divide territory contained in a municipal corporation in
1377	1370		the district into as many precincts as necessary to obtain
1378	1371		precincts of substantially equal population. (Acts 74th Leg.,
1379	1372		R.S., Ch. 368, Sec. 2.)
1380	1373		CHAPTER 8881. MESA UNDERGROUND WATER CONSERVATION DISTRICT
1381	1374		SUBCHAPTER A. GENERAL PROVISIONS
1382	1375		Sec. 8881.001. DEFINITIONS
1383	1376		Sec. 8881.002. NATURE OF DISTRICT
1384	1377		Sec. 8881.003. FINDINGS OF PUBLIC USE AND BENEFIT
1385	1378		Sec. 8881.004. DISTRICT TERRITORY
1386	1379		SUBCHAPTER B. BOARD OF DIRECTORS
1387	1380		Sec. 8881.051. COMPOSITION OF BOARD; TERMS
1388	1381		Sec. 8881.052. ELECTION OF DIRECTORS
1389	1382		Sec. 8881.053. ELECTION DATE
1390	1383		Sec. 8881.054. QUALIFICATIONS FOR OFFICE
1391	1384		SUBCHAPTER C. POWERS AND DUTIES
1392	1385		Sec. 8881.101. GENERAL POWERS AND DUTIES
1393	1386		Sec. 8881.102. CONTRACT AUTHORITY OF DISTRICT
1394	1387		Sec. 8881.103. ANNEXATION OF TERRITORY
1395	1388		CHAPTER 8881. MESA UNDERGROUND WATER CONSERVATION DISTRICT
1396	1389		SUBCHAPTER A. GENERAL PROVISIONS
1397	1390		Sec. 8881.001. DEFINITIONS. In this chapter:
1398	1391		(1) "Board" means the district's board of directors.
1399	1392		(2) "Director" means a board member.
1400	1393		(3) "District" means the Mesa Underground Water
1401	1394		Conservation District. (Acts 71st Leg., R.S., Ch. 669, Secs. 1(a)
1402	1395		(part), 2; New.)
1403	1396		Sec. 8881.002. NATURE OF DISTRICT. The district is a
1404	1397		groundwater conservation district in Dawson County created under
1405	1398		and essential to accomplish the purposes of Section 59, Article
1406	1399		XVI, Texas Constitution. (Acts 71st Leg., R.S., Ch. 669, Secs. 1(a)
1407	1400		(part), (b).)
1408	1401		Sec. 8881.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
1409	1402		district is created to serve a public use and benefit.
1410	1403		(b) All land and other property included in the district
1411	1404		will benefit from the works and projects accomplished by the
1412	1405		district under the powers conferred by Section 59, Article XVI,
1413	1406		Texas Constitution. (Acts 71st Leg., R.S., Ch. 669, Sec. 5.)
1414	1407		Sec. 8881.004. DISTRICT TERRITORY. The district includes
1415	1408		the territory located in Dawson County, unless the district's
1416	1409		territory has been modified under:
1417	1410		(1) Section 8881.103 of this chapter or its
1418	1411		predecessor statute, former Section 11(c), Chapter 669, Acts of the
1419	1412		71st Legislature, Regular Session, 1989; or
1420	1413		(2) other law. (Acts 71st Leg., R.S., Ch. 669, Sec. 3;
1421	1414		New.)
1422	1415		SUBCHAPTER B. BOARD OF DIRECTORS
1423	1416		Sec. 8881.051. COMPOSITION OF BOARD; TERMS. (a) The
1424	1417		district is governed by a board of five elected directors.
1425	1418		(b) Directors serve staggered four-year terms. (Acts 71st
1426	1419		Leg., R.S., Ch. 669, Secs. 7(a) (part), (b) (part), (e).)
1427	1420		Sec. 8881.052. ELECTION OF DIRECTORS. One director is
1428	1421		elected from each county commissioners precinct in Dawson County
1429	1422		and one director is elected from the district at large. (Acts 71st
1430	1423		Leg., R.S., Ch. 669, Sec. 7(b) (part).)
1431	1424		Sec. 8881.053. ELECTION DATE. The district shall hold an
1432	1425		election to elect the appropriate number of directors on the
1433	1426		uniform election date in May of each even-numbered year or another
1434	1427		date authorized by law. (Acts 71st Leg., R.S., Ch. 669, Sec. 10;
1435	1428		New.)
1436	1429		Sec. 8881.054. QUALIFICATIONS FOR OFFICE. (a) A director
1437	1430		must be 18 years of age or older.
1438	1431		(b) To represent a county commissioners precinct, the
1439	1432		director must be a resident of that precinct. (Acts 71st Leg., R.S.,
1440	1433		Ch. 669, Secs. 7(a) (part), (b) (part).)
1441	1434		SUBCHAPTER C. POWERS AND DUTIES
1442	1435		Sec. 8881.101. GENERAL POWERS AND DUTIES. The district has
1443	1436		all of the rights, powers, privileges, functions, and duties
1444	1437		provided by the general law of this state, including Chapter 36,
1445	1438		Water Code, applicable to groundwater conservation districts
1446	1439		created under Section 59, Article XVI, Texas Constitution. (Acts
1447	1440		71st Leg., R.S., Ch. 669, Sec. 6(a) (part).)
1448	1441		Sec. 8881.102. CONTRACT AUTHORITY OF DISTRICT. (a) The
1449	1442		district may contract for, sell, and distribute water from a water
1450	1443		import authority or other agency.
1451	1444		(b) The district may contract with other districts that have
1452	1445		powers similar to those of the district to achieve common goals.
1453	1446		(Acts 71st Leg., R.S., Ch. 669, Secs. 11(a), (b).)
1454	1447		Sec. 8881.103. ANNEXATION OF TERRITORY. (a) Territory may
1455	1448		be added to the district under:
1456	1449		(1) Subchapter J, Chapter 49, Water Code; or
1457	1450		(2) Subchapter O, Chapter 51, Water Code.
1458	1451		(b) If the district annexes territory, the board shall
1459	1452		determine the precincts to which annexed territory is added for the
1460	1453		purpose of electing directors. (Acts 71st Leg., R.S., Ch. 669, Sec.
1461	1454		11(c); New.)
1462	1455		CHAPTER 8882. SANDY LAND UNDERGROUND WATER CONSERVATION DISTRICT
1463	1456		SUBCHAPTER A. GENERAL PROVISIONS
1464	1457		Sec. 8882.001. DEFINITIONS
1465	1458		Sec. 8882.002. NATURE OF DISTRICT
1466	1459		Sec. 8882.003. FINDINGS OF PUBLIC USE AND BENEFIT
1467	1460		Sec. 8882.004. DISTRICT TERRITORY
1468	1461		SUBCHAPTER B. BOARD OF DIRECTORS
1469	1462		Sec. 8882.051. COMPOSITION OF BOARD; TERMS
1470	1463		Sec. 8882.052. ELECTION DATE
1471	1464		SUBCHAPTER C. POWERS AND DUTIES
1472	1465		Sec. 8882.101. GENERAL POWERS AND DUTIES
1473	1466		CHAPTER 8882. SANDY LAND UNDERGROUND WATER CONSERVATION DISTRICT
1474	1467		SUBCHAPTER A. GENERAL PROVISIONS
1475	1468		Sec. 8882.001. DEFINITIONS. In this chapter:
1476	1469		(1) "Board" means the district's board of directors.
1477	1470		(2) "Director" means a board member.
1478	1471		(3) "District" means the Sandy Land Underground Water
1479	1472		Conservation District. (Acts 71st Leg., R.S., Ch. 673, Secs. 1(a)
1480	1473		(part), 2; New.)
1481	1474		Sec. 8882.002. NATURE OF DISTRICT. The district is a
1482	1475		groundwater conservation district in Yoakum County created under
1483	1476		and essential to accomplish the purposes of Section 59, Article
1484	1477		XVI, Texas Constitution. (Acts 71st Leg., R.S., Ch. 673, Secs. 1(a)
1485	1478		(part), (b).)
1486	1479		Sec. 8882.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
1487	1480		district is created to serve a public use and benefit.
1488	1481		(b) All land and other property included in the district
1489	1482		will benefit from the works and projects accomplished by the
1490	1483		district under the powers conferred by Section 59, Article XVI,
1491	1484		Texas Constitution. (Acts 71st Leg., R.S., Ch. 673, Sec. 5.)
1492	1485		Sec. 8882.004. DISTRICT TERRITORY. The district includes
1493	1486		the territory located in Yoakum County unless the district's
1494	1487		territory has been modified under:
1495	1488		(1) Subchapter J or K, Chapter 36, Water Code; or
1496	1489		(2) other law. (Acts 71st Leg., R.S., Ch. 673, Sec. 3;
1497	1490		New.)
1498	1491		SUBCHAPTER B. BOARD OF DIRECTORS
1499	1492		Sec. 8882.051. COMPOSITION OF BOARD; TERMS. (a) The
1500	1493		district is governed by a board of five directors.
1501	1494		(b) Directors serve staggered four-year terms. (Acts 71st
1502	1495		Leg., R.S., Ch. 673, Secs. 7(a), (d).)
1503	1496		Sec. 8882.052. ELECTION DATE. The district shall hold an
1504	1497		election to elect the appropriate number of directors on the
1505	1498		uniform election date in May of every other year or another date
1506	1499		authorized by law. (Acts 71st Leg., R.S., Ch. 673, Sec. 10; New.)
1507	1500		SUBCHAPTER C. POWERS AND DUTIES
1508	1501		Sec. 8882.101. GENERAL POWERS AND DUTIES. The district has
1509	1502		the rights, powers, privileges, functions, and duties provided by
1510	1503		the general law of this state, including Chapters 36 and 50, Water
1511	1504		Code, applicable to groundwater conservation districts created
1512	1505		under Section 59, Article XVI, Texas Constitution. (Acts 71st
1513	1506		Leg., R.S., Ch. 673, Sec. 6(a) (part).)
1514	1507		CHAPTER 8883. SANTA RITA UNDERGROUND WATER CONSERVATION DISTRICT
1515	1508		SUBCHAPTER A. GENERAL PROVISIONS
1516	1509		Sec. 8883.001. DEFINITIONS
1517	1510		Sec. 8883.002. NATURE OF DISTRICT
1518	1511		Sec. 8883.003. FINDINGS OF PUBLIC USE AND BENEFIT
1519	1512		Sec. 8883.004. DISTRICT TERRITORY
1520	1513		Sec. 8883.005. OWNERSHIP OF GROUNDWATER AND SURFACE
1521	1514		WATER RIGHTS
1522	1515		SUBCHAPTER B. BOARD OF DIRECTORS
1523	1516		Sec. 8883.051. COMPOSITION OF BOARD; TERMS
1524	1517		Sec. 8883.052. ELIGIBILITY AND ELECTION OF DIRECTORS
1525	1518		Sec. 8883.053. ELECTION DATE
1526	1519		Sec. 8883.054. COMPENSATION; EXPENSES
1527	1520		SUBCHAPTER C. POWERS AND DUTIES
1528	1521		Sec. 8883.101. GENERAL POWERS AND DUTIES
1529	1522		Sec. 8883.102. PAYMENT OF CERTAIN EXPENSES
1530	1523		Sec. 8883.103. APPEARANCE BEFORE RAILROAD COMMISSION
1531	1524		Sec. 8883.104. PROHIBITION: SUPPLY OF WATER
1532	1525		CHAPTER 8883. SANTA RITA UNDERGROUND WATER CONSERVATION DISTRICT
1533	1526		SUBCHAPTER A. GENERAL PROVISIONS
1534	1527		Sec. 8883.001. DEFINITIONS. In this chapter:
1535	1528		(1) "Board" means the district's board of directors.
1536	1529		(2) "Director" means a board member.
1537	1530		(3) "District" means the Santa Rita Underground Water
1538	1531		Conservation District. (Acts 71st Leg., R.S., Ch. 653, Secs. 1(a)
1539	1532		(part), 2; New.)
1540	1533		Sec. 8883.002. NATURE OF DISTRICT. The district is a
1541	1534		groundwater conservation district in Reagan County created under
1542	1535		and essential to accomplish the purposes of Section 59, Article
1543	1536		XVI, Texas Constitution. (Acts 71st Leg., R.S., Ch. 653, Secs. 1(a)
1544	1537		(part), (b).)
1545	1538		Sec. 8883.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
1546	1539		district is created to serve a public use and benefit.
1547	1540		(b) All land and other property included in the district
1548	1541		will benefit from the works and projects accomplished by the
1549	1542		district under the powers conferred by Section 59, Article XVI,
1550	1543		Texas Constitution. (Acts 71st Leg., R.S., Ch. 653, Sec. 5.)
1551	1544		Sec. 8883.004. DISTRICT TERRITORY. (a) Except as provided
1552	1545		by Subsection (b), the district includes the territory in Reagan
1553	1546		County unless the district's territory has been modified under:
1554	1547		(1) Subchapter J or K, Chapter 36, Water Code; or
1555	1548		(2) other law.
1556	1549		(b) The district does not include any territory that was
1557	1550		annexed into the Glasscock County Underground Water Conservation
1558	1551		District under the then applicable annexation provisions of Chapter
1559	1552		51, Water Code, before June 14, 1989. (Acts 71st Leg., R.S., Ch.
1560	1553		653, Secs. 3, 14(a); New.)
1561	1554		Sec. 8883.005. OWNERSHIP OF GROUNDWATER AND SURFACE WATER
1562	1555		RIGHTS. The ownership and rights of the owner of land, the owner's
1563	1556		lessees, and assigns in groundwater and any surface water rights
1564	1557		are recognized, and this chapter does not deprive or divest the
1565	1558		owner, the owner's lessees, or assigns of those ownership rights.
1566	1559		(Acts 71st Leg., R.S., Ch. 653, Sec. 11(c).)
1567	1560		SUBCHAPTER B. BOARD OF DIRECTORS
1568	1561		Sec. 8883.051. COMPOSITION OF BOARD; TERMS. (a) The
1569	1562		district is governed by a board of five directors.
1570	1563		(b) Directors serve staggered four-year terms. (Acts 71st
1571	1564		Leg., R.S., Ch. 653, Secs. 7(a) (part), (c).)
1572	1565		Sec. 8883.052. ELIGIBILITY AND ELECTION OF DIRECTORS. (a)
1573	1566		A director must be:
1574	1567		(1) 18 years of age or older; and
1575	1568		(2) a resident of the district.
1576	1569		(b) One director is elected from each county commissioner
1577	1570		precinct. One director is elected at large.
1578	1571		(c) Section 141.001(a)(5), Election Code, and Section
1579	1572		36.059(b), Water Code, do not apply to the district. (Acts 71st
1580	1573		Leg., R.S., Ch. 653, Secs. 7(a) (part), (f), 10(a).)
1581	1574		Sec. 8883.053. ELECTION DATE. The district shall hold an
1582	1575		election to elect the appropriate number of directors on the
1583	1576		uniform election date in May of each odd-numbered year or another
1584	1577		date authorized by law. (Acts 71st Leg., R.S., Ch. 653, Sec. 10(b);
1585	1578		New.)
1586	1579		Sec. 8883.054. COMPENSATION; EXPENSES. (a) Unless the
1587	1580		board by resolution increases the fees of office to an amount
1588	1581		authorized by Section 36.060(a), Water Code, each director is
1589	1582		entitled to receive for the director's services $25 a month in
1590	1583		compensation.
1591	1584		(b) Each director may be reimbursed for actual expenses
1592	1585		incurred in the performance of official duties.
1593	1586		(c) The expenses described by Subsection (b) must be:
1594	1587		(1) reported in the district's records; and
1595	1588		(2) approved by the board. (Acts 71st Leg., R.S., Ch.
1596	1589		653, Sec. 11(a); New.)
1597	1590		SUBCHAPTER C. POWERS AND DUTIES
1598	1591		Sec. 8883.101. GENERAL POWERS AND DUTIES. The district has
1599	1592		the rights, powers, privileges, functions, and duties provided by
1600	1593		the general law of this state, including Chapter 36, Water Code,
1601	1594		applicable to groundwater conservation districts created under
1602	1595		Section 59, Article XVI, Texas Constitution. (Acts 71st Leg.,
1603	1596		R.S., Ch. 653, Sec. 6(a) (part).)
1604	1597		Sec. 8883.102. PAYMENT OF CERTAIN EXPENSES. (a) The board
1605	1598		may pay:
1606	1599		(1) all costs and expenses necessarily incurred in the
1607	1600		creation and organization of the district;
1608	1601		(2) legal fees; and
1609	1602		(3) other incidental expenses.
1610	1603		(b) The board may reimburse a person for money advanced for
1611	1604		a purpose described by Subsection (a). (Acts 71st Leg., R.S., Ch.
1612	1605		653, Sec. 11(d).)
1613	1606		Sec. 8883.103. APPEARANCE BEFORE RAILROAD COMMISSION. The
1614	1607		district, through the directors or the district's general manager,
1615	1608		may appear before the Railroad Commission of Texas and present
1616	1609		evidence and information relating to a pending permit application
1617	1610		for an injection well to be located in the district. (Acts 71st
1618	1611		Leg., R.S., Ch. 653, Sec. 11(b).)
1619	1612		Sec. 8883.104. PROHIBITION: SUPPLY OF WATER. The district
1620	1613		may not contract to or take an action to supply groundwater inside
1621	1614		or outside the district. (Acts 71st Leg., R.S., Ch. 653, Sec.
1622	1615		11(e).)
1623	1616		CHAPTER 8884. SARATOGA UNDERGROUND WATER CONSERVATION DISTRICT
1624	1617		SUBCHAPTER A. GENERAL PROVISIONS
1625	1618		Sec. 8884.001. DEFINITIONS
1626	1619		Sec. 8884.002. NATURE OF DISTRICT
1627	1620		Sec. 8884.003. FINDINGS OF PUBLIC USE AND BENEFIT
1628	1621		Sec. 8884.004. DISTRICT TERRITORY
1629	1622		SUBCHAPTER B. BOARD OF DIRECTORS
1630	1623		Sec. 8884.051. COMPOSITION OF BOARD; TERMS
1631	1624		Sec. 8884.052. ELECTION OF DIRECTORS
1632	1625		Sec. 8884.053. ELECTION DATE
1633	1626		Sec. 8884.054. QUALIFICATIONS FOR OFFICE
1634	1627		SUBCHAPTER C. POWERS AND DUTIES
1635	1628		Sec. 8884.101. GENERAL POWERS AND DUTIES
1636	1629		CHAPTER 8884. SARATOGA UNDERGROUND WATER CONSERVATION DISTRICT
1637	1630		SUBCHAPTER A. GENERAL PROVISIONS
1638	1631		Sec. 8884.001. DEFINITIONS. In this chapter:
1639	1632		(1) "Board" means the district's board of directors.
1640	1633		(2) "Director" means a board member.
1641	1634		(3) "District" means the Saratoga Underground Water
1642	1635		Conservation District. (Acts 71st Leg., R.S., Ch. 519, Secs. 1(a)
1643	1636		(part), 2; New.)
1644	1637		Sec. 8884.002. NATURE OF DISTRICT. The district is a
1645	1638		groundwater conservation district in Lampasas County created under
1646	1639		and essential to accomplish the purposes of Section 59, Article
1647	1640		XVI, Texas Constitution. (Acts 71st Leg., R.S., Ch. 519, Secs. 1(a)
1648	1641		(part), (b).)
1649	1642		Sec. 8884.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
1650	1643		district is created to serve a public use and benefit.
1651	1644		(b) All land and other property included in the district
1652	1645		will benefit from the works and projects accomplished by the
1653	1646		district under the powers conferred by Section 59, Article XVI,
1654	1647		Texas Constitution. (Acts 71st Leg., R.S., Ch. 519, Sec. 5.)
1655	1648		Sec. 8884.004. DISTRICT TERRITORY. The district includes
1656	1649		the territory located in Lampasas County, unless the district's
1657	1650		territory has been modified under:
1658	1651		(1) Subchapter J or K, Chapter 36, Water Code; or
1659	1652		(2) other law. (Acts 71st Leg., R.S., Ch. 519, Sec. 3;
1660	1653		New.)
1661	1654		SUBCHAPTER B. BOARD OF DIRECTORS
1662	1655		Sec. 8884.051. COMPOSITION OF BOARD; TERMS. (a) The
1663	1656		district is governed by a board of five elected directors.
1664	1657		(b) Directors serve staggered four-year terms. (Acts 71st
1665	1658		Leg., R.S., Ch. 519, Secs. 7(a) (part), (b).)
1666	1659		Sec. 8884.052. ELECTION OF DIRECTORS. (a) Directors are
1667	1660		elected according to the commissioners precinct method as provided
1668	1661		by this section.
1669	1662		(b) One director is elected by the voters of the entire
1670	1663		district. One director is elected from each county commissioners
1671	1664		precinct by the voters of that precinct.
1672	1665		(c) A person shall indicate on the application for a place
1673	1666		on the ballot:
1674	1667		(1) the precinct that the person seeks to represent;
1675	1668		or
1676	1669		(2) that the person seeks to represent the district at
1677	1670		large.
1678	1671		(d) When the boundaries of the county commissioners
1679	1672		precincts are redrawn under Section 18, Article V, Texas
1680	1673		Constitution, a director in office on the effective date of the
1681	1674		change, or elected or appointed before the effective date of the
1682	1675		change to a term of office beginning on or after the effective date
1683	1676		of the change, shall serve the term or the remainder of the term
1684	1677		representing the precinct from which the person was elected or
1685	1678		appointed even though the change in boundaries places the person's
1686	1679		residence outside that precinct. (Acts 71st Leg., R.S., Ch. 519,
1687	1680		Secs. 7(a) (part), (d), (f), (g).)
1688	1681		Sec. 8884.053. ELECTION DATE. The district shall hold an
1689	1682		election to elect the appropriate number of directors on the
1690	1683		uniform election date in November of each even-numbered year. (Acts
1691	1684		71st Leg., R.S., Ch. 519, Sec. 7(c).)
1692	1685		Sec. 8884.054. QUALIFICATIONS FOR OFFICE. (a) Except as
1693	1686		provided by Section 8884.052(d), to be eligible to be a candidate
1694	1687		for or to serve as director at large, a person must be a registered
1695	1688		voter of the district.
1696	1689		(b) To be a candidate for or to serve as director from a
1697	1690		county commissioners precinct, a person must be a registered voter
1698	1691		of that precinct. (Acts 71st Leg., R.S., Ch. 519, Sec. 7(e).)
1699	1692		SUBCHAPTER C. POWERS AND DUTIES
1700	1693		Sec. 8884.101. GENERAL POWERS AND DUTIES. The district has
1701	1694		the rights, powers, privileges, functions, and duties provided by
1702	1695		the general law of this state, including Chapters 36 and 50, Water
1703	1696		Code, applicable to groundwater conservation districts created
1704	1697		under Section 59, Article XVI, Texas Constitution. (Acts 71st Leg.,
1705	1698		R.S., Ch. 519, Sec. 6(a) (part).)
1706	1699		CHAPTER 8885. SOUTH PLAINS UNDERGROUND WATER CONSERVATION DISTRICT
1707	1700		SUBCHAPTER A. GENERAL PROVISIONS
1708	1701		Sec. 8885.001. DEFINITIONS
1709	1702		Sec. 8885.002. NATURE OF DISTRICT
1710	1703		Sec. 8885.003. FINDINGS OF PUBLIC USE AND BENEFIT
1711	1704		Sec. 8885.004. DISTRICT TERRITORY
1712	1705		SUBCHAPTER B. BOARD OF DIRECTORS
1713	1706		Sec. 8885.051. COMPOSITION OF BOARD; TERMS
1714	1707		Sec. 8885.052. ELECTION OF DIRECTORS
1715	1708		Sec. 8885.053. ELECTION DATE
1716	1709		Sec. 8885.054. QUALIFICATIONS FOR OFFICE
1717	1710		Sec. 8885.055. BOARD VACANCY
1718	1711		SUBCHAPTER C. POWERS AND DUTIES
1719	1712		Sec. 8885.101. GENERAL POWERS AND DUTIES
1720	1713		CHAPTER 8885. SOUTH PLAINS UNDERGROUND WATER CONSERVATION DISTRICT
1721	1714		SUBCHAPTER A. GENERAL PROVISIONS
1722	1715		Sec. 8885.001. DEFINITIONS. In this chapter:
1723	1716		(1) "Board" means the district's board of directors.
1724	1717		(2) "Director" means a board member.
1725	1718		(3) "District" means the South Plains Underground
1726	1719		Water Conservation District. (Acts 72nd Leg., R.S., Ch. 46,
1727	1720		Secs. 1(a) (part), 2; New.)
1728	1721		Sec. 8885.002. NATURE OF DISTRICT. The district is a
1729	1722		groundwater conservation district in Terry County created under and
1730	1723		essential to accomplish the purposes of Section 59, Article XVI,
1731	1724		Texas Constitution. (Acts 72nd Leg., R.S., Ch. 46, Secs. 1(a)
1732	1725		(part), (b).)
1733	1726		Sec. 8885.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
1734	1727		district is created to serve a public use and benefit.
1735	1728		(b) All land and other property included in the district
1736	1729		will benefit from the works and projects accomplished by the
1737	1730		district under the powers conferred by Section 59, Article XVI,
1738	1731		Texas Constitution. (Acts 72nd Leg., R.S., Ch. 46, Sec. 4.)
1739	1732		Sec. 8885.004. DISTRICT TERRITORY. The district's
1740	1733		boundaries are coextensive with the boundaries of Terry County,
1741	1734		unless the district's territory has been modified under:
1742	1735		(1) Subchapter J or K, Chapter 36, Water Code; or
1743	1736		(2) other law. (Acts 72nd Leg., R.S., Ch. 46, Sec. 3;
1744	1737		New.)
1745	1738		SUBCHAPTER B. BOARD OF DIRECTORS
1746	1739		Sec. 8885.051. COMPOSITION OF BOARD; TERMS. (a) The
1747	1740		district is governed by a board of five directors.
1748	1741		(b) Directors serve staggered four-year terms. (Acts 72nd
1749	1742		Leg., R.S., Ch. 46, Secs. 7(a), 8(c).)
1750	1743		Sec. 8885.052. ELECTION OF DIRECTORS. (a) Directors are
1751	1744		elected according to the commissioners precinct method as provided
1752	1745		by this section.
1753	1746		(b) One director is elected by the voters of the entire
1754	1747		district. One director is elected from each county commissioners
1755	1748		precinct by the voters of that precinct.
1756	1749		(c) A person shall indicate on the application for a place
1757	1750		on the ballot:
1758	1751		(1) the precinct that the person seeks to represent;
1759	1752		or
1760	1753		(2) that the person seeks to represent the district at
1761	1754		large.
1762	1755		(d) At the first election after the county commissioners
1763	1756		precincts are redrawn under Section 18, Article V, Texas
1764	1757		Constitution, four new directors shall be elected to represent the
1765	1758		precincts. The directors shall draw lots to determine their terms.
1766	1759		(Acts 72nd Leg., R.S., Ch. 46, Sec. 6.)
1767	1760		Sec. 8885.053. ELECTION DATE. The district shall hold an
1768	1761		election to elect the appropriate number of directors on the
1769	1762		uniform election date in May of each even-numbered year or another
1770	1763		date authorized by law. (Acts 72nd Leg., R.S., Ch. 46, Sec. 11;
1771	1764		New.)
1772	1765		Sec. 8885.054. QUALIFICATIONS FOR OFFICE. To be eligible
1773	1766		to serve as director, a person must be a registered voter in:
1774	1767		(1) the precinct from which the person is elected or
1775	1768		appointed if representing a precinct; or
1776	1769		(2) the district if representing the district at
1777	1770		large. (Acts 72nd Leg., R.S., Ch. 46, Sec. 7(c).)
1778	1771		Sec. 8885.055. BOARD VACANCY. (a) The board shall appoint a
1779	1772		replacement to fill a vacancy in the office of any director.
1780	1773		(b) The appointed replacement serves until the next
1781	1774		directors' election.
1782	1775		(c) If the position is not scheduled to be filled at the
1783	1776		election, the person elected to fill the position serves only for
1784	1777		the remainder of the unexpired term. (Acts 72nd Leg., R.S., Ch. 46,
1785	1778		Sec. 7(b).)
1786	1779		SUBCHAPTER C. POWERS AND DUTIES
1787	1780		Sec. 8885.101. GENERAL POWERS AND DUTIES. The district has
1788	1781		the rights, powers, privileges, functions, and duties provided by
1789	1782		the general law of this state, including Chapter 36, Water Code,
1790	1783		applicable to groundwater conservation districts created under
1791	1784		Section 59, Article XVI, Texas Constitution. (Acts 72nd Leg.,
1792	1785		R.S., Ch. 46, Sec. 5(a) (part).)
1793	1786		CHAPTER 8886. SUTTON COUNTY UNDERGROUND WATER CONSERVATION
1794	1787		DISTRICT
1795	1788		SUBCHAPTER A. GENERAL PROVISIONS
1796	1789		Sec. 8886.001. DEFINITIONS
1797	1790		Sec. 8886.002. NATURE OF DISTRICT
1798	1791		Sec. 8886.003. FINDINGS OF PUBLIC USE AND BENEFIT
1799	1792		Sec. 8886.004. CONFLICTS OF LAW
1800	1793		SUBCHAPTER B. TERRITORY
1801	1794		Sec. 8886.051. DISTRICT TERRITORY
1802	1795		Sec. 8886.052. LAND EXCLUSION
1803	1796		Sec. 8886.053. ANNEXATION OF TERRITORY
1804	1797		SUBCHAPTER C. BOARD OF DIRECTORS
1805	1798		Sec. 8886.101. COMPOSITION OF BOARD; TERMS
1806	1799		Sec. 8886.102. ELECTION OF DIRECTORS
1807	1800		Sec. 8886.103. ELECTION DATE
1808	1801		Sec. 8886.104. QUALIFICATIONS FOR OFFICE
1809	1802		SUBCHAPTER D. POWERS AND DUTIES
1810	1803		Sec. 8886.151. GENERAL POWERS AND DUTIES
1811	1804		Sec. 8886.152. ADMINISTRATIVE PROCEDURES
1812	1805		Sec. 8886.153. WELL PERMITS
1813	1806		Sec. 8886.154. WELL SPACING AND PRODUCTION
1814	1807		Sec. 8886.155. LOGS
1815	1808		Sec. 8886.156. AVAILABLE GROUNDWATER
1816	1809		Sec. 8886.157. SURVEYS
1817	1810		Sec. 8886.158. RESEARCH AND DETERMINATIONS REGARDING
1818	1811		GROUNDWATER WITHDRAWAL
1819	1812		Sec. 8886.159. COLLECTION AND PRESERVATION OF
1820	1813		INFORMATION
1821	1814		Sec. 8886.160. CONTRACT FOR SALE AND DISTRIBUTION OF
1822	1815		WATER
1823	1816		Sec. 8886.161. ACQUISITION OF LAND
1824	1817		Sec. 8886.162. ELECTIONS
1825	1818		SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
1826	1819		Sec. 8886.201. TAX AND BOND PROVISIONS
1827	1820		SUBCHAPTER F. DISSOLUTION OF DISTRICT
1828	1821		Sec. 8886.251. DISSOLUTION OF DISTRICT
1829	1822		CHAPTER 8886. SUTTON COUNTY UNDERGROUND WATER CONSERVATION
1830	1823		DISTRICT
1831	1824		SUBCHAPTER A. GENERAL PROVISIONS
1832	1825		Sec. 8886.001. DEFINITIONS. In this chapter:
1833	1826		(1) "Board" means the district's board of directors.
1834	1827		(2) "Director" means a board member.
1835	1828		(3) "District" means the Sutton County Underground
1836	1829		Water Conservation District. (Acts 69th Leg., R.S., Ch. 377, Sec.
1837	1830		3; New.)
1838	1831		Sec. 8886.002. NATURE OF DISTRICT. The district is created
1839	1832		under Section 59, Article XVI, Texas Constitution, to provide for
1840	1833		the conservation, preservation, protection, recharge, and
1841	1834		prevention of waste of the groundwater reservoirs located under
1842	1835		district land, consistent with the objectives of Section 59,
1843	1836		Article XVI, Texas Constitution, and Chapters 36 and 51, Water
1844	1837		Code. (Acts 69th Leg., R.S., Ch. 377, Secs. 1 (part), 6.)
1845	1838		Sec. 8886.003. FINDINGS OF PUBLIC USE AND BENEFIT. The
1846	1839		legislature finds that:
1847	1840		(1) the organization of the district is feasible and
1848	1841		practicable;
1849	1842		(2) the land to be included in and the residents of the
1850	1843		district will benefit from the creation of the district;
1851	1844		(3) there is a public necessity for the district; and
1852	1845		(4) the creation of the district will further the
1853	1846		public welfare. (Acts 69th Leg., R.S., Ch. 377, Sec. 4.)
1854	1847		Sec. 8886.004. CONFLICTS OF LAW. (a) Except as otherwise
1855	1848		provided by this chapter, if there is a conflict between this
1856	1849		chapter and Chapter 49, 51, or 36, Water Code, this chapter
1857	1850		controls.
1858	1851		(b) If there is a conflict between Chapter 49 or 51, Water
1859	1852		Code, and Chapter 36, Water Code, Chapter 36 controls. (Acts 69th
1860	1853		Leg., R.S., Ch. 377, Sec. 17.)
1861	1854		SUBCHAPTER B. TERRITORY
1862	1855		Sec. 8886.051. DISTRICT TERRITORY. The district is
1863	1856		composed of the territory in Sutton County, other than the
1864	1857		territory in Sections 60, 67, and 90, Block No. A, HE&WTRyCoSurvey,
1865	1858		Sutton County, unless the district's territory has been modified
1866	1859		under:
1867	1860		(1) Section 8886.052 or 8886.053 of this chapter or
1868	1861		their predecessor statutes, former Section 11 or 14, Chapter 377,
1869	1862		Acts of the 69th Legislature, Regular Session, 1985; or
1870	1863		(2) other law. (Acts 69th Leg., R.S., Ch. 377, Sec. 5;
1871	1864		New.)
1872	1865		Sec. 8886.052. LAND EXCLUSION. Land may be excluded from
1873	1866		the district in accordance with the procedures prescribed in
1874	1867		Sections 49.303-49.308, Water Code. (Acts 69th Leg., R.S., Ch.
1875	1868		377, Sec. 11.)
1876	1869		Sec. 8886.053. ANNEXATION OF TERRITORY. (a) Territory may
1877	1870		be added to the district as provided by:
1878	1871		(1) Subchapter J, Chapter 49, Water Code; or
1879	1872		(2) Subchapter O, Chapter 51, Water Code.
1880	1873		(b) If the district annexes territory, the board shall
1881	1874		determine the precincts to which annexed territory is added for the
1882	1875		purpose of electing directors. (Acts 69th Leg., R.S., Ch. 377, Sec.
1883	1876		14; New.)
1884	1877		SUBCHAPTER C. BOARD OF DIRECTORS
1885	1878		Sec. 8886.101. COMPOSITION OF BOARD; TERMS. (a) The
1886	1879		district is governed by a board of five directors.
1887	1880		(b) The directors serve staggered four-year terms. (Acts
1888	1881		69th Leg., R.S., Ch. 377, Secs. 15(a), (f); Acts 72nd Leg., R.S.,
1889	1882		Ch. 757, Sec. 3(b) (part).)
1890	1883		Sec. 8886.102. ELECTION OF DIRECTORS. One director is
1891	1884		elected from each county commissioners precinct in Sutton County.
1892	1885		One director is elected at large. (Acts 69th Leg., R.S., Ch. 377,
1893	1886		Sec. 15(c).)
1894	1887		Sec. 8886.103. ELECTION DATE. The district shall hold an
1895	1888		election to elect directors on the uniform election date in May of
1896	1889		each odd-numbered year or another date authorized by law. (Acts
1897	1890		69th Leg., R.S., Ch. 377, Sec. 15(e); New.)
1898	1891		Sec. 8886.104. QUALIFICATIONS FOR OFFICE. (a) To be
1899	1892		qualified for election as a director, a person must be:
1900	1893		(1) a resident of the district; and
1901	1894		(2) at least 18 years of age.
1902	1895		(b) To be qualified for election as a director from a
1903	1896		precinct, a person must be a resident of the precinct from which the
1904	1897		person is elected. (Acts 69th Leg., R.S., Ch. 377, Secs. 15(b),
1905	1898		(d).)
1906	1899		SUBCHAPTER D. POWERS AND DUTIES
1907	1900		Sec. 8886.151. GENERAL POWERS AND DUTIES. Except as
1908	1901		otherwise provided by this chapter, the district may exercise:
1909	1902		(1) the powers essential to accomplish the purposes of
1910	1903		Section 59, Article XVI, Texas Constitution; and
1911	1904		(2) the rights, powers, and functions provided by this
1912	1905		chapter and Chapters 36 and 51, Water Code. (Acts 69th Leg., R.S.,
1913	1906		Ch. 377, Sec. 2.)
1914	1907		Sec. 8886.152. ADMINISTRATIVE PROCEDURES. Except as
1915	1908		otherwise provided by this chapter, the administrative and
1916	1909		procedural provisions of Chapters 36 and 51, Water Code, apply to
1917	1910		the district. (Acts 69th Leg., R.S., Ch. 377, Sec. 8.)
1918	1911		Sec. 8886.153. WELL PERMITS. (a) The board may:
1919	1912		(1) require a permit for drilling, equipping, or
1920	1913		completing a well in a groundwater reservoir in the district; and
1921	1914		(2) issue a permit that imposes terms relating to
1922	1915		drilling, equipping, or completing a well that are necessary to
1923	1916		prevent waste or conserve, preserve, and protect groundwater.
1924	1917		(b) The board may not deny an owner of land, or the owner's
1925	1918		heirs, assigns, and lessees, a permit to drill a well on that land
1926	1919		or the right to produce groundwater from that well, subject to rules
1927	1920		adopted under this chapter. (Acts 69th Leg., R.S., Ch. 377, Secs.
1928	1921		7(b), (c) (part).)
1929	1922		Sec. 8886.154. WELL SPACING AND PRODUCTION. To minimize as
1930	1923		far as practicable the drawdown of the water table or the reduction
1931	1924		of the artesian pressure, the board may provide for spacing wells
1932	1925		that are producing water from a groundwater reservoir in the
1933	1926		district and may regulate the production from those wells. (Acts
1934	1927		69th Leg., R.S., Ch. 377, Sec. 7(c) (part).)
1935	1928		Sec. 8886.155. LOGS. The board may require that:
1936	1929		(1) accurate driller's logs be kept of wells in any
1937	1930		groundwater reservoir in the district; and
1938	1931		(2) a copy of driller's logs and of any electric logs
1939	1932		that are made of the wells be filed with the district. (Acts 69th
1940	1933		Leg., R.S., Ch. 377, Sec. 7(d) (part).)
1941	1934		Sec. 8886.156. AVAILABLE GROUNDWATER. The board shall
1942	1935		determine the quantity of the groundwater available for production
1943	1936		and use and the improvements, developments, and recharges that will
1944	1937		be necessary for any groundwater reservoirs in the district. (Acts
1945	1938		69th Leg., R.S., Ch. 377, Sec. 7(f) (part).)
1946	1939		Sec. 8886.157. SURVEYS. The board may have a licensed
1947	1940		engineer survey the groundwater of any groundwater reservoir in the
1948	1941		district and the facilities for the development, production, and
1949	1942		use of groundwater from any reservoir in the district. (Acts 69th
1950	1943		Leg., R.S., Ch. 377, Sec. 7(f) (part).)
1951	1944		Sec. 8886.158. RESEARCH AND DETERMINATIONS REGARDING
1952	1945		GROUNDWATER WITHDRAWAL. The district may carry out research
1953	1946		projects, develop information, and determine limitations, if any,
1954	1947		that should be placed on the withdrawal of groundwater. (Acts 69th
1955	1948		Leg., R.S., Ch. 377, Sec. 7(h).)
1956	1949		Sec. 8886.159. COLLECTION AND PRESERVATION OF INFORMATION.
1957	1950		The district may collect and preserve information regarding the use
1958	1951		of the groundwater and the practicability of recharge of a
1959	1952		groundwater reservoir in the district. (Acts 69th Leg., R.S., Ch.
1960	1953		377, Sec. 7(i).)
1961	1954		Sec. 8886.160. CONTRACT FOR SALE AND DISTRIBUTION OF WATER.
1962	1955		The district may contract for, sell, and distribute water from a
1963	1956		water import authority or other agency. (Acts 69th Leg., R.S., Ch.
1964	1957		377, Sec. 7(k).)
1965	1958		Sec. 8886.161. ACQUISITION OF LAND. The board may acquire
1966	1959		land to:
1967	1960		(1) erect a dam;
1968	1961		(2) drain a lake, draw, depression, or creek; and
1969	1962		(3) install pumps and other equipment necessary to
1970	1963		recharge a groundwater reservoir in the district. (Acts 69th Leg.,
1971	1964		R.S., Ch. 377, Sec. 7(e).)
1972	1965		Sec. 8886.162. ELECTIONS. The district shall conduct
1973	1966		elections in the manner provided by Chapter 51, Water Code. (Acts
1974	1967		69th Leg., R.S., Ch. 377, Sec. 16 (part).)
1975	1968		SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
1976	1969		Sec. 8886.201. TAX AND BOND PROVISIONS. (a) Except as
1977	1970		otherwise provided by this chapter, the tax and bond provisions of
1978	1971		Chapters 36 and 51, Water Code, apply to the district.
1979	1972		(b) On approval of the majority of the voters in an election
1980	1973		called for that purpose, the district may impose an ad valorem tax
1981	1974		to pay the principal of and interest on bonds and to maintain the
1982	1975		district. The tax approved under this subsection may not exceed
1983	1976		five cents on each $100 of assessed valuation.
1984	1977		(c) At a regular meeting of the board, if the board
1985	1978		determines that the tax imposed under Subsection (b) is no longer
1986	1979		sufficient for the purposes stated in that subsection, the board
1987	1980		may call an election to be held to approve the imposition of an ad
1988	1981		valorem tax in excess of the limitation provided by Subsection (b).
1989	1982		If a majority of the voters approve the imposition of taxes in
1990	1983		excess of the limitation provided by Subsection (b), the district
1991	1984		may impose taxes in the amount approved by the voters at the
1992	1985		election called and held under this subsection. (Acts 69th Leg.,
1993	1986		R.S., Ch. 377, Secs. 12(a), (b) (part), (c).)
1994	1987		SUBCHAPTER F. DISSOLUTION OF DISTRICT
1995	1988		Sec. 8886.251. DISSOLUTION OF DISTRICT. The district may
1996	1989		be dissolved as provided by Chapter 36, Water Code. (Acts 69th
1997	1990		Leg., R.S., Ch. 377, Sec. 13.)
1998	1991		CHAPTER 8887. NORTH PLAINS GROUNDWATER CONSERVATION DISTRICT
1999	1992		SUBCHAPTER A. GENERAL PROVISIONS
2000	1993		Sec. 8887.001. DEFINITIONS
2001	1994		Sec. 8887.002. NATURE OF DISTRICT
2002	1995		Sec. 8887.003. FINDING OF BENEFIT
2003	1996		Sec. 8887.004. DISTRICT TERRITORY
2004	1997		SUBCHAPTER B. BOARD OF DIRECTORS
2005	1998		Sec. 8887.051. TERMS
2006	1999		Sec. 8887.052. ELECTION DATE
2007	2000		SUBCHAPTER C. POWERS AND DUTIES
2008	2001		Sec. 8887.101. GENERAL POWERS AND DUTIES
2009	2002		Sec. 8887.102. WELL PERMITS
2010	2003		Sec. 8887.103. WELL SPACING AND PRODUCTION
2011	2004		Sec. 8887.104. RECORDS AND REPORTS
2012	2005		Sec. 8887.105. LOGS
2013	2006		Sec. 8887.106. SURVEYS
2014	2007		Sec. 8887.107. RESEARCH AND DETERMINATIONS REGARDING
2015	2008		GROUNDWATER WITHDRAWAL
2016	2009		Sec. 8887.108. COLLECTION AND PRESERVATION OF
2017	2010		INFORMATION
2018	2011		Sec. 8887.109. RULES: PREVENTION OF WASTE
2019	2012		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
2020	2013		Sec. 8887.151. LIMITATION ON MAINTENANCE AND OPERATION
2021	2014		TAX
2022	2015		Sec. 8887.152. MAINTENANCE AND OPERATION TAX ELECTION
2023	2016		Sec. 8887.153. DISTRICT DEBT
2024	2017		CHAPTER 8887. NORTH PLAINS GROUNDWATER CONSERVATION DISTRICT
2025	2018		SUBCHAPTER A. GENERAL PROVISIONS
2026	2019		Sec. 8887.001. DEFINITIONS. In this chapter:
2027	2020		(1) "Board" means the district's board of directors.
2028	2021		(2) "Director" means a board member.
2029	2022		(3) "District" means the North Plains Groundwater
2030	2023		Conservation District. (Acts 54th Leg., R.S., Ch. 498, Sec. 2
2031	2024		(part); New.)
2032	2025		Sec. 8887.002. NATURE OF DISTRICT. The district is a
2033	2026		groundwater conservation district created under Section 59,
2034	2027		Article XVI, Texas Constitution. (Acts 54th Leg., R.S., Ch. 498,
2035	2028		Secs. 1 (part), 4 (part).)
2036	2029		Sec. 8887.003. FINDING OF BENEFIT. (a) All land and other
2037	2030		property in the district benefit from the:
2038	2031		(1) creation of the district;
2039	2032		(2) carrying out of the purposes for which the
2040	2033		district was created; and
2041	2034		(3) acquisition and construction of improvements to
2042	2035		carry out those purposes.
2043	2036		(b) The district is necessary to carry out the purposes of
2044	2037		Section 59, Article XVI, Texas Constitution. (Acts 54th Leg.,
2045	2038		R.S., Ch. 498, Sec. 4 (part).)
2046	2039		Sec. 8887.004. DISTRICT TERRITORY. The district is
2047	2040		composed of the territory described by Section 1, Chapter 498, Acts
2048	2041		of the 54th Legislature, Regular Session, 1955, as that territory
2049	2042		may have been modified under:
2050	2043		(1) Subchapter J or K, Chapter 36, Water Code; or
2051	2044		(2) other law. (Acts 54th Leg., R.S., Ch. 498, Sec. 1
2052	2045		(part); New.)
2053	2046		SUBCHAPTER B. BOARD OF DIRECTORS
2054	2047		Sec. 8887.051. TERMS. Directors serve staggered four-year
2055	2048		terms. (Acts 54th Leg., R.S., Ch. 498, Sec. 1A(a).)
2056	2049		Sec. 8887.052. ELECTION DATE. The district shall hold an
2057	2050		election to elect the appropriate number of directors on a uniform
2058	2051		election date in each even-numbered year. (Acts 54th Leg., R.S.,
2059	2052		Ch. 498, Sec. 1A(b).)
2060	2053		SUBCHAPTER C. POWERS AND DUTIES
2061	2054		Sec. 8887.101. GENERAL POWERS AND DUTIES. The district has
2062	2055		all of the rights, powers, privileges, and duties provided by
2063	2056		general law applicable to groundwater conservation districts
2064	2057		created under Section 59, Article XVI, Texas Constitution, and
2065	2058		Chapter 36, Water Code. (Acts 54th Leg., R.S., Ch. 498, Sec. 2
2066	2059		(part).)
2067	2060		Sec. 8887.102. WELL PERMITS. (a) The district may:
2068	2061		(1) require a permit for drilling, equipping, or
2069	2062		completing a well in a groundwater reservoir in the district; and
2070	2063		(2) issue a permit subject to terms relating to
2071	2064		drilling, equipping, or completing a well that are necessary to
2072	2065		prevent waste or contamination.
2073	2066		(b) The district may not deny an owner of land, or the
2074	2067		owner's heirs, assigns, and lessees, a permit to drill a well on
2075	2068		that land or to produce groundwater from that well subject to rules
2076	2069		adopted to prevent waste or contamination. (Acts 54th Leg., R.S.,
2077	2070		Ch. 498, Sec. 2 (part).)
2078	2071		Sec. 8887.103. WELL SPACING AND PRODUCTION. To minimize as
2079	2072		far as practicable the drawdown of the water table or the reduction
2080	2073		of the artesian pressure, the district may provide for the spacing
2081	2074		of wells producing from a groundwater reservoir or a subdivision of
2082	2075		a groundwater reservoir in the district and regulate the production
2083	2076		from those wells. (Acts 54th Leg., R.S., Ch. 498, Sec. 2 (part).)
2084	2077		Sec. 8887.104. RECORDS AND REPORTS. The district may
2085	2078		require that records be kept and reports be made of the drilling,
2086	2079		equipping, and completion of a well in a groundwater reservoir or a
2087	2080		subdivision of a groundwater reservoir in the district and the
2088	2081		taking and use of groundwater from those reservoirs or subdivisions
2089	2082		of those reservoirs. (Acts 54th Leg., R.S., Ch. 498, Sec. 2
2090	2083		(part).)
2091	2084		Sec. 8887.105. LOGS. The district may require that:
2092	2085		(1) accurate driller's logs be kept of the drilling,
2093	2086		equipping, and completion of a well in a groundwater reservoir or a
2094	2087		subdivision of a groundwater reservoir in the district; and
2095	2088		(2) a copy of a driller's log and of any electric log
2096	2089		that is made of the well be filed with the district. (Acts 54th
2097	2090		Leg., R.S., Ch. 498, Sec. 2 (part).)
2098	2091		Sec. 8887.106. SURVEYS. The district may have a licensed
2099	2092		engineer or qualified groundwater scientist survey the groundwater
2100	2093		of a groundwater reservoir or a subdivision of a groundwater
2101	2094		reservoir in the district and the facilities for the development,
2102	2095		production, and use of that groundwater to determine the:
2103	2096		(1) quantity of the groundwater available for
2104	2097		production and use; and
2105	2098		(2) improvements, developments, and recharges needed
2106	2099		for the groundwater reservoir or subdivision of a groundwater
2107	2100		reservoir. (Acts 54th Leg., R.S., Ch. 498, Sec. 2 (part).)
2108	2101		Sec. 8887.107. RESEARCH AND DETERMINATIONS REGARDING
2109	2102		GROUNDWATER WITHDRAWAL. The district may carry out research
2110	2103		projects, develop information, and determine limitations, if any,
2111	2104		that should be made on the withdrawal of water from a groundwater
2112	2105		reservoir or a subdivision of a groundwater reservoir in the
2113	2106		district. (Acts 54th Leg., R.S., Ch. 498, Sec. 2 (part).)
2114	2107		Sec. 8887.108. COLLECTION AND PRESERVATION OF INFORMATION.
2115	2108		The district may collect and preserve information regarding the use
2116	2109		of groundwater and the practicability of recharge of a groundwater
2117	2110		reservoir or a subdivision of a groundwater reservoir in the
2118	2111		district. (Acts 54th Leg., R.S., Ch. 498, Sec. 2 (part).)
2119	2112		Sec. 8887.109. RULES: PREVENTION OF WASTE. (a) In this
2120	2113		section, "waste" has the meaning assigned by Section 36.001, Water
2121	2114		Code.
2122	2115		(b) The district may adopt and enforce rules to prevent the
2123	2116		waste of the groundwater of any groundwater reservoir or
2124	2117		subdivision of a groundwater reservoir in the district. (Acts 54th
2125	2118		Leg., R.S., Ch. 498, Sec. 2 (part).)
2126	2119		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
2127	2120		Sec. 8887.151. LIMITATION ON MAINTENANCE AND OPERATION TAX.
2128	2121		To pay the maintenance and operating expenses of the district,
2129	2122		including the maintenance of its installations and activities, the
2130	2123		district may impose ad valorem taxes annually at a rate not to
2131	2124		exceed five cents on each $100 of assessed valuation on property in
2132	2125		the district subject to taxation. (Acts 54th Leg., R.S., Ch. 498,
2133	2126		Sec. 2 (part).)
2134	2127		Sec. 8887.152. MAINTENANCE AND OPERATION TAX ELECTION. The
2135	2128		district may order an election to impose taxes for the maintenance
2136	2129		of the district and its installations and activities. The election
2137	2130		must be held as is provided for elections authorizing the issuance
2138	2131		of bonds. (Acts 54th Leg., R.S., Ch. 498, Sec. 2 (part).)
2139	2132		Sec. 8887.153. DISTRICT DEBT. The district may incur all
2140	2133		indebtedness necessary to the achievement of the purposes for which
2141	2134		the district is created. (Acts 54th Leg., R.S., Ch. 498, Sec. 2
2142	2135		(part).)
2143	2136		CHAPTER 8888. NORTH HARRIS COUNTY REGIONAL WATER AUTHORITY
2144	2137		SUBCHAPTER A. GENERAL PROVISIONS
2145	2138		Sec. 8888.001. DEFINITIONS
2146	2139		Sec. 8888.002. NATURE OF AUTHORITY
2147	2140		Sec. 8888.003. FINDINGS OF PUBLIC USE AND BENEFIT
2148	2141		Sec. 8888.004. DISTRICTS IN AUTHORITY'S BOUNDARIES
2149	2142		Sec. 8888.005. APPLICABILITY OF OTHER LAW
2150	2143		SUBCHAPTER B. TERRITORY
2151	2144		Sec. 8888.051. AUTHORITY TERRITORY
2152	2145		Sec. 8888.052. LOCAL GOVERNMENT ANNEXATION
2153	2146		Sec. 8888.053. ADDITION OF WATER SYSTEM SERVICE AREA
2154	2147		Sec. 8888.054. INCLUSION OF CERTAIN TERRITORY
2155	2148		SUBCHAPTER C. AUTHORITY ADMINISTRATION
2156	2149		Sec. 8888.101. COMPOSITION OF BOARD
2157	2150		Sec. 8888.102. ELECTION OF DIRECTORS
2158	2151		Sec. 8888.103. ELECTION DATE
2159	2152		Sec. 8888.104. QUALIFICATION FOR OFFICE
2160	2153		Sec. 8888.105. BOARD VACANCY
2161	2154		Sec. 8888.106. MEETINGS
2162	2155		Sec. 8888.107. GENERAL MANAGER
2163	2156		Sec. 8888.108. EMPLOYEES
2164	2157		Sec. 8888.109. FIDELITY BOND
2165	2158		SUBCHAPTER D. POWERS AND DUTIES
2166	2159		Sec. 8888.151. GENERAL POWERS AND DUTIES
2167	2160		Sec. 8888.152. ADDITIONAL POWERS
2168	2161		Sec. 8888.153. AUTHORITY RULES
2169	2162		Sec. 8888.154. FEES, RATES, AND CHARGES
2170	2163		Sec. 8888.155. FEE AMOUNTS
2171	2164		Sec. 8888.156. PRODUCTION FEES
2172	2165		Sec. 8888.157. GROUNDWATER REDUCTION PLAN
2173	2166		Sec. 8888.158. WATER SUPPLY AND DROUGHT CONTINGENCY
2174	2167		PLANS
2175	2168		Sec. 8888.159. ACQUISITION, CONSTRUCTION, AND
2176	2169		OPERATION OF SYSTEMS
2177	2170		Sec. 8888.160. STORAGE, SALE, OR REUSE OF WATER OR
2178	2171		BY-PRODUCT
2179	2172		Sec. 8888.161. GENERAL CONTRACTING AUTHORITY
2180	2173		Sec. 8888.162. SPECIFIC CONTRACTING AUTHORITY
2181	2174		Sec. 8888.163. PURCHASE OF SURPLUS PROPERTY
2182	2175		Sec. 8888.164. PURCHASE OF INTEREST IN PROJECT
2183	2176		Sec. 8888.165. COOPERATION WITH PUBLIC ENTITIES
2184	2177		Sec. 8888.166. SURFACE WATER DELIVERY SYSTEM
2185	2178		Sec. 8888.167. CONDITIONAL APPROVAL OF CONSTRUCTION
2186	2179		PROJECTS
2187	2180		Sec. 8888.168. STATEMENT OF AMOUNTS OF WATER TO BE
2188	2181		DELIVERED
2189	2182		Sec. 8888.169. EFFECT OF MUNICIPAL ANNEXATION ON FEES
2190	2183		AND SERVICES
2191	2184		Sec. 8888.170. CIVIL PENALTY; CIVIL ACTION; INJUNCTION
2192	2185		Sec. 8888.171. EMINENT DOMAIN
2193	2186		SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
2194	2187		Sec. 8888.201. GIFT OR GRANT FROM SUBSIDENCE DISTRICT
2195	2188		Sec. 8888.202. AUTHORIZATION OF DISBURSEMENT
2196	2189		Sec. 8888.203. AD VALOREM TAX PROHIBITED
2197	2190		Sec. 8888.204. COOPERATIVE FUNDING
2198	2191		SUBCHAPTER F. NOTES AND BONDS
2199	2192		Sec. 8888.251. REVENUE NOTES
2200	2193		Sec. 8888.252. REVENUE AND BOND ANTICIPATION NOTES
2201	2194		Sec. 8888.253. BONDS AND NOTES
2202	2195		Sec. 8888.254. BONDS SECURED BY CONTRACT PROCEEDS:
2203	2196		APPROVAL
2204	2197		Sec. 8888.255. REFUNDING BONDS
2205	2198		Sec. 8888.256. VALIDITY OF BONDS AFTER ADDITION OF
2206	2199		TERRITORY
2207	2200		CHAPTER 8888. NORTH HARRIS COUNTY REGIONAL WATER AUTHORITY
2208	2201		SUBCHAPTER A. GENERAL PROVISIONS
2209	2202		Sec. 8888.001. DEFINITIONS. In this chapter:
2210	2203		(1) "Agricultural crop" means:
2211	2204		(A) a food or fiber commodity grown for resale or
2212	2205		commercial purposes that provides food, clothing, or animal feed;
2213	2206		or
2214	2207		(B) a nursery product or florist item that is in
2215	2208		the possession of a nursery grower.
2216	2209		(2) "Authority" means the North Harris County Regional
2217	2210		Water Authority.
2218	2211		(3) "Board" means the authority's board of directors.
2219	2212		(4) "Commission" means the Texas Commission on
2220	2213		Environmental Quality.
2221	2214		(5) "Director" means a member of the board.
2222	2215		(6) "Florist item" means a cut flower, potted plant,
2223	2216		blooming plant, inside foliage plant, bedding plant, corsage
2224	2217		flower, cut foliage, floral decoration, or live decorative
2225	2218		material.
2226	2219		(7) "Groundwater reduction plan" means a plan adopted
2227	2220		or implemented to supply water, reduce reliance on groundwater,
2228	2221		regulate groundwater pumping and water usage, or require and
2229	2222		allocate water usage among persons in order to comply with or exceed
2230	2223		the minimum requirements imposed by the subsidence district,
2231	2224		including any applicable groundwater reduction requirements.
2232	2225		(8) "Local government" means a municipality, county,
2233	2226		special district, or other political subdivision of this state or a
2234	2227		combination of two or more of those entities.
2235	2228		(9) "Nursery grower" means a person who grows, in any
2236	2229		medium, more than 50 percent of the nursery products or florist
2237	2230		items that the person sells or leases, regardless of the variety
2238	2231		sold, leased, or grown. For the purposes of this definition, "grow"
2239	2232		means the actual cultivation or propagation of the nursery product
2240	2233		or florist item beyond the mere holding or maintaining of the item
2241	2234		before sale or lease and typically includes activities associated
2242	2235		with the production or multiplying of stock such as the development
2243	2236		of new plants from cuttings, grafts, plugs, or seedlings.
2244	2237		(10) "Nursery product" includes a tree, shrub, vine,
2245	2238		cutting, graft, scion, grass, bulb, or bud that is grown for, kept
2246	2239		for, or capable of propagation and distribution for sale or lease.
2247	2240		(11) "Subsidence" means the lowering in elevation of
2248	2241		the surface of land by the withdrawal of groundwater.
2249	2242		(12) "Subsidence district" means the Harris-Galveston
2250	2243		Subsidence District.
2251	2244		(13) "System" means a network of pipelines, conduits,
2252	2245		canals, pumping stations, force mains, and treatment plants, and
2253	2246		any other construction, device, or related appurtenance, used to
2254	2247		treat or transport water.
2255	2248		(14) "Water" includes:
2256	2249		(A) groundwater, percolating or otherwise;
2257	2250		(B) any surface water, natural or artificial,
2258	2251		navigable or nonnavigable; and
2259	2252		(C) industrial and municipal wastewater. (Acts
2260	2253		76th Leg., R.S., Ch. 1029, Secs. 1.01(a) (part), 1.02(1), (2), (3),
2261	2254		(4), (5), (7), (8), (9), (10), (11), (12) as added Acts 77th Leg.,
2262	2255		R.S., Ch. 232, (12) as added Acts 77th Leg., R.S., Ch. 1296, (13),
2263	2256		(14).)
2264	2257		Sec. 8888.002. NATURE OF AUTHORITY. The authority is a
2265	2258		regional water authority in Harris County created under and
2266	2259		essential to accomplish the purposes of Section 59, Article XVI,
2267	2260		Texas Constitution. (Acts 76th Leg., R.S., Ch. 1029, Secs. 1.01(a)
2268	2261		(part), (b).)
2269	2262		Sec. 8888.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
2270	2263		authority is created to serve a public use and benefit.
2271	2264		(b) All land and other property included in the authority
2272	2265		will benefit from the works and projects accomplished by the
2273	2266		authority under the powers provided by this chapter. (Acts 76th
2274	2267		Leg., R.S., Ch. 1029, Sec. 1.06.)
2275	2268		Sec. 8888.004. DISTRICTS IN AUTHORITY'S BOUNDARIES. A
2276	2269		district in the authority's boundaries retains the district's
2277	2270		separate identity, powers, and duties. The district is subject to
2278	2271		the authority's powers and duties, including those powers and
2279	2272		duties necessary to develop, implement, and enforce a groundwater
2280	2273		reduction plan. (Acts 76th Leg., R.S., Ch. 1029, Sec. 4.14.)
2281	2274		Sec. 8888.005. APPLICABILITY OF OTHER LAW. (a) This
2282	2275		chapter prevails over any inconsistent provision of general law.
2283	2276		(b) This chapter does not prevail over or preempt a
2284	2277		provision of Chapter 8801 of this code or Chapter 36, Water Code,
2285	2278		that is being implemented by the subsidence district.
2286	2279		(c) The following laws do not apply to the authority:
2287	2280		(1) Chapter 36, Water Code;
2288	2281		(2) Section 49.052, Water Code; and
2289	2282		(3) Sections 49.451-49.455, Water Code. (Acts 76th
2290	2283		Leg., R.S., Ch. 1029, Sec. 1.05.)
2291	2284		SUBCHAPTER B. TERRITORY
2292	2285		Sec. 8888.051. AUTHORITY TERRITORY. The authority is
2293	2286		composed of the territory described by Sections 1.03(a), (b),
2294	2287		(b-1), (b-2), (c), and (e), Chapter 1029, Acts of the 76th
2295	2288		Legislature, Regular Session, 1999, as that territory may have been
2296	2289		modified under:
2297	2290		(1) this subchapter or the following predecessor
2298	2291		statutes:
2299	2292		(A) Sections 1.03(f) and (g), Chapter 1029, Acts
2300	2293		of the 76th Legislature, Regular Session, 1999; or
2301	2294		(B) Section 1.045, Chapter 1029, Acts of the 76th
2302	2295		Legislature, Regular Session, 1999; or
2303	2296		(2) Subchapter J, Chapter 49, Water Code. (New.)
2304	2297		Sec. 8888.052. LOCAL GOVERNMENT ANNEXATION. Territory
2305	2298		annexed by a local government located in the authority becomes
2306	2299		territory of the authority on the effective date of the annexation
2307	2300		unless the annexed territory is included in another local
2308	2301		government's approved groundwater reduction plan as of the
2309	2302		effective date of the annexation. The authority by rule may require
2310	2303		the local government to send the authority:
2311	2304		(1) written notice of the effective date of an
2312	2305		annexation; and
2313	2306		(2) copies of documents describing the annexed land
2314	2307		and the new boundaries of the local government. (Acts 76th Leg.,
2315	2308		R.S., Ch. 1029, Sec. 1.03(f).)
2316	2309		Sec. 8888.053. ADDITION OF WATER SYSTEM SERVICE AREA. If
2317	2310		territory is added to the service area of a person owning a water
2318	2311		system located in the authority, the territory becomes territory of
2319	2312		the authority on the effective date of the territory's addition to
2320	2313		the service area unless the added territory is included in another
2321	2314		local government's approved groundwater reduction plan as of the
2322	2315		effective date of the addition. The authority by rule may require
2323	2316		the person to send the authority:
2324	2317		(1) written notice of the effective date of an
2325	2318		addition of territory; and
2326	2319		(2) copies of documents describing the added territory
2327	2320		and the new boundaries of the person's service area. (Acts 76th
2328	2321		Leg., R.S., Ch. 1029, Sec. 1.03(g).)
2329	2322		Sec. 8888.054. INCLUSION OF CERTAIN TERRITORY. (a) The
2330	2323		board of directors of a district organized under Section 52,
2331	2324		Article III, or Section 59, Article XVI, Texas Constitution, all or
2332	2325		part of which is not included in the authority, by petition may
2333	2326		request the district's territory to be included in the authority's
2334	2327		territory. The petition must:
2335	2328		(1) be filed with the authority; and
2336	2329		(2) include an accurate legal description of the
2337	2330		boundaries of the territory to be included.
2338	2331		(b) If the authority has bonds, notes, or other obligations
2339	2332		outstanding, the board shall require the petitioning district to
2340	2333		assume the district's share of the outstanding bonds, notes, or
2341	2334		other obligations.
2342	2335		(c) Before the 61st day after the date the authority
2343	2336		receives the petition, the board shall hold a hearing to consider
2344	2337		the petition. The board may grant the petition and order the
2345	2338		territory described in the petition to be included in the
2346	2339		authority's territory if:
2347	2340		(1) it is feasible, practicable, and to the advantage
2348	2341		of the authority; and
2349	2342		(2) the authority's system and other improvements of
2350	2343		the authority are sufficient or will be sufficient to supply the
2351	2344		added territory without injuring the territory already included in
2352	2345		the authority.
2353	2346		(d) If the board grants the petition, the board shall file
2354	2347		for recording in the office of the county clerk of Harris County:
2355	2348		(1) a copy of the order; and
2356	2349		(2) a description of the authority's boundaries as
2357	2350		they exist after the inclusion of the territory.
2358	2351		(e) The order including the territory is effective
2359	2352		immediately after the order and description are recorded.
2360	2353		(f) Except as provided by Subsection (g), a district that
2361	2354		petitions to be included in the authority's territory is subject to
2362	2355		the fees and reimbursements that are in effect at the time of the
2363	2356		district's petition and are applicable to such a petitioner.
2364	2357		(g) The authority may not require a district that petitioned
2365	2358		before January 1, 2002, to be included in the authority's territory
2366	2359		to pay a fee to the authority for admission or reimbursement for
2367	2360		activities the authority has undertaken since the authority's
2368	2361		creation in the furtherance of the authority's duties and
2369	2362		functions. (Acts 76th Leg., R.S., Ch. 1029, Sec. 1.045.)
2370	2363		SUBCHAPTER C. AUTHORITY ADMINISTRATION
2371	2364		Sec. 8888.101. COMPOSITION OF BOARD. The authority is
2372	2365		governed by a board of five elected directors. (Acts 76th Leg.,
2373	2366		R.S., Ch. 1029, Secs. 2.01(a), 2.02(a) (part).)
2374	2367		Sec. 8888.102. ELECTION OF DIRECTORS. (a) One director is
2375	2368		elected from each of five single-member voting districts by the
2376	2369		voters of the voting district.
2377	2370		(b) A person shall indicate on the application for a place
2378	2371		on the ballot the voting district the person seeks to represent.
2379	2372		(c) In the manner described by Section 49.103(d), Water
2380	2373		Code, the board shall redraw the single-member voting districts as
2381	2374		soon as practicable after each federal decennial census and as
2382	2375		otherwise required by law.
2383	2376		(d) At the first election after each time the voting
2384	2377		districts are redrawn:
2385	2378		(1) five new directors shall be elected to represent
2386	2379		the single-member voting districts; and
2387	2380		(2) the directors elected shall draw lots to determine
2388	2381		the directors' terms so that:
2389	2382		(A) two directors serve two-year terms; and
2390	2383		(B) three directors serve four-year terms.
2391	2384		(e) Subchapter C, Chapter 146, Election Code, applies to the
2392	2385		consideration of votes for a write-in candidate for director as if
2393	2386		the authority were a municipality. (Acts 76th Leg., R.S., Ch. 1029,
2394	2387		Sec. 2.02.)
2395	2388		Sec. 8888.103. ELECTION DATE. The authority shall hold an
2396	2389		election to elect the appropriate number of directors to the board
2397	2390		on a uniform election date in each even-numbered year. (Acts 76th
2398	2391		Leg., R.S., Ch. 1029, Sec. 2.06.)
2399	2392		Sec. 8888.104. QUALIFICATION FOR OFFICE. To be eligible to
2400	2393		serve as a director, a person must be a qualified voter in the
2401	2394		voting district from which the person is elected or appointed.
2402	2395		(Acts 76th Leg., R.S., Ch. 1029, Sec. 2.01(c).)
2403	2396		Sec. 8888.105. BOARD VACANCY. (a) The board shall appoint
2404	2397		a person to fill a vacancy in the office of director.
2405	2398		(b) The appointed person serves until the next directors'
2406	2399		election.
2407	2400		(c) If the position is not scheduled to be filled at the
2408	2401		election, the person elected to fill the position serves only for
2409	2402		the remainder of the unexpired term. (Acts 76th Leg., R.S., Ch.
2410	2403		1029, Sec. 2.01(b).)
2411	2404		Sec. 8888.106. MEETINGS. The board shall meet at least four
2412	2405		times each year and may meet at any other time the board considers
2413	2406		appropriate. (Acts 76th Leg., R.S., Ch. 1029, Sec. 3.01.)
2414	2407		Sec. 8888.107. GENERAL MANAGER. (a) The board shall employ
2415	2408		a general manager to serve as the chief administrative officer of
2416	2409		the authority. The board may delegate to the general manager the
2417	2410		full authority to manage and operate the affairs of the authority
2418	2411		subject only to the orders of the board.
2419	2412		(b) The duties of the general manager include:
2420	2413		(1) administering board orders;
2421	2414		(2) coordinating with state, federal, and local
2422	2415		agencies;
2423	2416		(3) overseeing development of authority plans and
2424	2417		programs; and
2425	2418		(4) performing other duties assigned by the board.
2426	2419		(c) The board shall determine the terms of office and
2427	2420		employment and the compensation of the general manager.
2428	2421		(d) The board may discharge the general manager by a
2429	2422		majority vote of the board. (Acts 76th Leg., R.S., Ch. 1029, Sec.
2430	2423		3.02.)
2431	2424		Sec. 8888.108. EMPLOYEES. (a) The general manager shall
2432	2425		employ all persons necessary to properly handle authority business
2433	2426		and operations. The general manager may employ attorneys,
2434	2427		bookkeepers, engineers, and other expert and specialized employees
2435	2428		the board considers necessary.
2436	2429		(b) The general manager shall determine the compensation to
2437	2430		be paid by the authority.
2438	2431		(c) The general manager may discharge an authority
2439	2432		employee. (Acts 76th Leg., R.S., Ch. 1029, Secs. 3.03(a), (b).)
2440	2433		Sec. 8888.109. FIDELITY BOND. The general manager and each
2441	2434		authority employee or contractor who is charged with the
2442	2435		collection, custody, or payment of any authority money shall
2443	2436		execute a fidelity bond in an amount determined by the board and in
2444	2437		a form and with a surety approved by the board. The authority shall
2445	2438		pay for the bond. (Acts 76th Leg., R.S., Ch. 1029, Sec. 3.03(c).)
2446	2439		SUBCHAPTER D. POWERS AND DUTIES
2447	2440		Sec. 8888.151. GENERAL POWERS AND DUTIES. (a) The
2448	2441		authority has the rights, powers, privileges, functions, and duties
2449	2442		necessary and convenient to accomplish the purposes of this
2450	2443		chapter, including those provided by Chapter 49, Water Code.
2451	2444		(b) The authority shall exercise its rights, powers, and
2452	2445		privileges in a manner that will promote regionalization of water
2453	2446		treatment and distribution. (Acts 76th Leg., R.S., Ch. 1029, Secs.
2454	2447		4.01(a), (d).)
2455	2448		Sec. 8888.152. ADDITIONAL POWERS. The authority may:
2456	2449		(1) provide for the conservation, preservation,
2457	2450		protection, recharge, and prevention of waste of groundwater in a
2458	2451		manner consistent with the purposes of Section 59, Article XVI,
2459	2452		Texas Constitution;
2460	2453		(2) for the purposes of reducing groundwater
2461	2454		withdrawals and subsidence, acquire or develop surface water and
2462	2455		groundwater supplies from sources inside or outside the authority
2463	2456		and may conserve, store, transport, treat, purify, distribute,
2464	2457		sell, and deliver water to persons inside and outside the
2465	2458		authority;
2466	2459		(3) coordinate water services provided inside,
2467	2460		outside, or into the authority;
2468	2461		(4) provide for the reduction of groundwater
2469	2462		withdrawals by the development, implementation, or enforcement of a
2470	2463		groundwater reduction plan as provided by Section 8888.157;
2471	2464		(5) identify sources of water other than groundwater
2472	2465		to be provided by the authority;
2473	2466		(6) specify the rates and terms under which sources of
2474	2467		water other than groundwater will be provided by the authority,
2475	2468		which may be changed as considered necessary by the authority;
2476	2469		(7) specify the dates and extent to which each person
2477	2470		in the authority shall accept water from the authority; and
2478	2471		(8) administer and enforce this chapter. (Acts 76th
2479	2472		Leg., R.S., Ch. 1029, Sec. 4.01(b) (part).)
2480	2473		Sec. 8888.153. AUTHORITY RULES. (a) The authority shall
2481	2474		adopt and enforce rules reasonably required to implement this
2482	2475		chapter, including rules governing procedures before the board.
2483	2476		(b) The board shall compile the authority's rules in a book
2484	2477		and make the rules available for use and inspection at the
2485	2478		authority's principal office. (Acts 76th Leg., R.S., Ch. 1029, Sec.
2486	2479		4.02.)
2487	2480		Sec. 8888.154. FEES, RATES, AND CHARGES. As necessary to
2488	2481		enable the authority to fulfill the authority's purposes and
2489	2482		regulatory obligations provided by this chapter, the authority may
2490	2483		establish:
2491	2484		(1) fees, rates, and charges; and
2492	2485		(2) classifications of fee and rate payers. (Acts 76th
2493	2486		Leg., R.S., Ch. 1029, Sec. 4.03(a).)
2494	2487		Sec. 8888.155. FEE AMOUNTS. Fees established by the board
2495	2488		must be sufficient to:
2496	2489		(1) achieve water conservation;
2497	2490		(2) prevent waste of water;
2498	2491		(3) serve as a disincentive to pumping groundwater;
2499	2492		(4) accomplish the purposes of this chapter, including
2500	2493		making available alternative water supplies;
2501	2494		(5) enable the authority to meet operation and
2502	2495		maintenance expenses; and
2503	2496		(6) pay the principal of and interest on debt issued in
2504	2497		connection with the exercise of the authority's general powers and
2505	2498		duties. (Acts 76th Leg., R.S., Ch. 1029, Sec. 4.03(c).)
2506	2499		Sec. 8888.156. PRODUCTION FEES. (a) The authority may
2507	2500		charge the owner of a well located in the authority a fee on the
2508	2501		amount of water pumped from the well. The board shall establish the
2509	2502		rate of a fee under this subsection only after a special meeting on
2510	2503		the fee.
2511	2504		(b) The board by rule shall exempt from the fee established
2512	2505		under Subsection (a) each class of wells that is not subject to a
2513	2506		groundwater reduction requirement imposed by the subsidence
2514	2507		district. If an exempted class of wells becomes subject to a
2515	2508		groundwater reduction requirement imposed by the subsidence
2516	2509		district, the authority may charge the fee established under
2517	2510		Subsection (a) on the wells of that class. The board by rule may
2518	2511		exempt any other class of wells from the fee established under
2519	2512		Subsection (a).
2520	2513		(c) Notwithstanding any other law, the authority may charge
2521	2514		a fee established under Subsection (a) on a well or class of wells
2522	2515		located in the authority that, on or after June 30, 2013:
2523	2516		(1) ceases to be subject to a groundwater reduction
2524	2517		requirement imposed by the subsidence district; or
2525	2518		(2) is no longer subject to the regulatory provisions,
2526	2519		permitting requirements, or jurisdiction of the subsidence
2527	2520		district.
2528	2521		(d) The board may not apply the fee established under
2529	2522		Subsection (a) to a well:
2530	2523		(1) with a casing diameter of less than five inches
2531	2524		that serves a single-family dwelling;
2532	2525		(2) regulated under Chapter 27, Water Code;
2533	2526		(3) used for irrigation of agricultural crops; or
2534	2527		(4) used solely for electric generation. (Acts 76th
2535	2528		Leg., R.S., Ch. 1029, Secs. 4.03(b), (e).)
2536	2529		Sec. 8888.157. GROUNDWATER REDUCTION PLAN. (a) The
2537	2530		authority may develop, implement, participate in, and enforce a
2538	2531		groundwater reduction plan. The groundwater reduction plan is
2539	2532		binding on persons and wells in the authority.
2540	2533		(b) The groundwater reduction plan may be amended at the
2541	2534		discretion of the authority subject to the requirements and
2542	2535		procedures of the subsidence district applicable to the amendment
2543	2536		of groundwater reduction plans.
2544	2537		(c) The groundwater reduction plan may exceed the minimum
2545	2538		requirements imposed by the subsidence district, including any
2546	2539		applicable groundwater reduction requirements.
2547	2540		(d) The authority may contract on mutually agreeable terms
2548	2541		with a person located outside the authority to allow the person to
2549	2542		be included in the groundwater reduction plan. A contract entered
2550	2543		into under this subsection has the same force and effect as if the
2551	2544		person were located in the authority, except that the person is not
2552	2545		entitled to vote in an election for members of the board. (Acts 76th
2553	2546		Leg., R.S., Ch. 1029, Secs. 4.01(e), (f), (g), (h).)
2554	2547		Sec. 8888.158. WATER SUPPLY AND DROUGHT CONTINGENCY PLANS.
2555	2548		As needed but not less frequently than every five years, the
2556	2549		authority by rule shall develop, prepare, revise, and adopt
2557	2550		comprehensive water supply and drought contingency plans for
2558	2551		various areas of the authority. The plans must:
2559	2552		(1) be consistent with regional planning; and
2560	2553		(2) include 10-year, 20-year, and 50-year projections
2561	2554		of water needs in the authority. (Acts 76th Leg., R.S., Ch. 1029,
2562	2555		Sec. 4.05.)
2563	2556		Sec. 8888.159. ACQUISITION, CONSTRUCTION, AND OPERATION OF
2564	2557		SYSTEMS. (a) The authority may:
2565	2558		(1) by purchase, gift, lease, contract, or any other
2566	2559		legal means, acquire and provide a water treatment or supply
2567	2560		system, or any other work, plant, improvement, or facility
2568	2561		necessary or convenient to accomplish the purposes of the
2569	2562		authority, or any interest in those assets, inside or outside the
2570	2563		authority;
2571	2564		(2) design, finance, or construct a water treatment or
2572	2565		supply system, or other supply system, or any other work, plant,
2573	2566		improvement, or facility necessary or convenient to accomplish the
2574	2567		purposes of the authority, and provide water services inside or
2575	2568		outside the authority;
2576	2569		(3) maintain, operate, lease, or sell a water
2577	2570		treatment or supply system, or any other work, plant, improvement,
2578	2571		or facility necessary or convenient to accomplish the purposes of
2579	2572		the authority, that the authority constructs or acquires inside or
2580	2573		outside the authority; or
2581	2574		(4) contract with a person who owns a water treatment
2582	2575		or supply system to operate or maintain the system.
2583	2576		(b) The authority shall give a person outside the authority,
2584	2577		including the City of Houston, the option to contract for available
2585	2578		excess capacity of the authority's water treatment or supply system
2586	2579		or, before construction of a water treatment or supply system
2587	2580		begins, for additional capacity of the system. The authority must
2588	2581		offer a contract that would enable the person to pay for the excess
2589	2582		or additional capacity in accordance with the person's pro rata
2590	2583		share of the capital investment and operational and maintenance
2591	2584		costs for providing the excess or additional capacity. (Acts 76th
2592	2585		Leg., R.S., Ch. 1029, Sec. 4.06.)
2593	2586		Sec. 8888.160. STORAGE, SALE, OR REUSE OF WATER OR
2594	2587		BY-PRODUCT. The authority may store, sell, or reuse:
2595	2588		(1) water; or
2596	2589		(2) any by-product from the authority's operations.
2597	2590		(Acts 76th Leg., R.S., Ch. 1029, Sec. 4.07.)
2598	2591		Sec. 8888.161. GENERAL CONTRACTING AUTHORITY. (a) The
2599	2592		authority may enter into a contract with any person on terms the
2600	2593		board considers desirable, fair, and advantageous for the
2601	2594		performance of its rights and powers under this chapter.
2602	2595		(b) The authority may enter into a contract with any person
2603	2596		regarding the performance of any purpose or function of the
2604	2597		authority, including a contract to jointly construct, finance, own,
2605	2598		or operate works, improvements, facilities, plants, equipment, or
2606	2599		appliances necessary to accomplish a purpose or function of the
2607	2600		authority. A contract may be of unlimited duration.
2608	2601		(c) Notwithstanding any inconsistent provision of general
2609	2602		law or of a home-rule municipal charter or ordinance, the authority
2610	2603		and a municipality may, after January 1, 2002, enter into a contract
2611	2604		of unlimited duration. (Acts 76th Leg., R.S., Ch. 1029, Secs.
2612	2605		4.01(b) (part), 4.09(a), 4.10(d); Acts 78th Leg., R.S., Ch. 381,
2613	2606		Sec. 6.)
2614	2607		Sec. 8888.162. SPECIFIC CONTRACTING AUTHORITY. The
2615	2608		authority may contract for:
2616	2609		(1) the purchase or sale of water or water rights;
2617	2610		(2) the performance of activities within the powers of
2618	2611		the authority to promote the continuing and orderly development of
2619	2612		land and property in the authority through the purchase,
2620	2613		construction, or installation of works, improvements, facilities,
2621	2614		plants, equipment, or appliances so that, to the greatest extent
2622	2615		possible considering sound engineering practices and economic
2623	2616		feasibility, all the land and property in the authority may receive
2624	2617		services of the works, improvements, facilities, plants,
2625	2618		equipment, or appliances of the authority; or
2626	2619		(3) the construction, ownership, maintenance, or
2627	2620		operation of any works, improvements, facilities, plants,
2628	2621		equipment, or appliances of the authority or another person. (Acts
2629	2622		76th Leg., R.S., Ch. 1029, Sec. 4.09(c).)
2630	2623		Sec. 8888.163. PURCHASE OF SURPLUS PROPERTY. (a) The
2631	2624		authority may purchase surplus property from this state, the United
2632	2625		States, or another public entity through a negotiated contract
2633	2626		without bids.
2634	2627		(b) An officer, agent, or employee of the authority who is
2635	2628		financially interested in a contract described by Subsection (a)
2636	2629		shall disclose the interest to the board before the board votes on
2637	2630		the acceptance of the contract. (Acts 76th Leg., R.S., Ch. 1029,
2638	2631		Secs. 4.09(d), (e).)
2639	2632		Sec. 8888.164. PURCHASE OF INTEREST IN PROJECT. The
2640	2633		authority may purchase an interest in a project used for a purpose
2641	2634		or function of the authority. (Acts 76th Leg., R.S., Ch. 1029, Sec.
2642	2635		4.09(b).)
2643	2636		Sec. 8888.165. COOPERATION WITH PUBLIC ENTITIES. (a) In
2644	2637		implementing this chapter, the board may cooperate with and request
2645	2638		the assistance of the Texas Water Development Board, the
2646	2639		commission, the United States Geological Survey, the subsidence
2647	2640		district, other local governments, and other agencies of the United
2648	2641		States and this state.
2649	2642		(b) The subsidence district may:
2650	2643		(1) enter into an interlocal contract with the
2651	2644		authority to carry out the authority's purposes; and
2652	2645		(2) carry out the governmental functions and services
2653	2646		specified in the interlocal contract.
2654	2647		(c) The board shall coordinate with the City of Houston to
2655	2648		develop an interregional plan for a system to distribute treated
2656	2649		surface water in an economical and efficient manner. (Acts 76th
2657	2650		Leg., R.S., Ch. 1029, Secs. 4.10(a), (b), (c).)
2658	2651		Sec. 8888.166. SURFACE WATER DELIVERY SYSTEM. (a) In this
2659	2652		section, "surface water delivery system":
2660	2653		(1) includes a facility that is to be constructed and
2661	2654		that will be:
2662	2655		(A) used to transport groundwater between
2663	2656		utility districts;
2664	2657		(B) used temporarily to transport groundwater
2665	2658		between utility districts if there is a reasonable probability that
2666	2659		the facility will be used for that purpose on a permanent basis in
2667	2660		the future; or
2668	2661		(C) necessary to accomplish an authority
2669	2662		purpose, including management of water, water conservation, or
2670	2663		water reuse; and
2671	2664		(2) does not include the use of the bed and banks to
2672	2665		transport water or wastewater.
2673	2666		(b) The authority may expedite the financing and
2674	2667		construction of a surface water delivery system, or other projects
2675	2668		of the authority, to accomplish a conversion from reliance on
2676	2669		groundwater to reliance on surface water not later than the earlier
2677	2670		of:
2678	2671		(1) the date required by the subsidence district; or
2679	2672		(2) the date determined by the board to be in the
2680	2673		interest of the authority or one or more districts inside or outside
2681	2674		the authority.
2682	2675		(c) It is the intent of the legislature that the commission
2683	2676		cooperate with and assist the authority in developing a surface
2684	2677		water delivery system or other authority project in an expedited
2685	2678		manner as provided by Subsection (b).
2686	2679		(d) The commission and the authority may enter into a
2687	2680		memorandum of understanding that relates to the construction of a
2688	2681		surface water delivery system. The memorandum of understanding
2689	2682		may:
2690	2683		(1) establish standard procedures for the commission
2691	2684		to grant conditional or final approval of authority construction
2692	2685		projects;
2693	2686		(2) establish standing waivers or conditions
2694	2687		applicable to those construction projects;
2695	2688		(3) delegate powers to the authority to carry out any
2696	2689		commission duty relating to an activity that the authority may
2697	2690		undertake if the delegation:
2698	2691		(A) does not violate federal law; and
2699	2692		(B) is not inconsistent with any agreement of
2700	2693		this state with, or any delegation of authority to this state from,
2701	2694		the United States Environmental Protection Agency;
2702	2695		(4) set minimum standards for construction or other
2703	2696		projects; or
2704	2697		(5) address any other matter that relates to an
2705	2698		activity that the authority may undertake and that the commission
2706	2699		may regulate. (Acts 76th Leg., R.S., Ch. 1029, Secs. 4.10(e), (f),
2707	2700		(g) (part), (j).)
2708	2701		Sec. 8888.167. CONDITIONAL APPROVAL OF CONSTRUCTION
2709	2702		PROJECTS. (a) The commission may grant conditional approval of a
2710	2703		construction project or waive a requirement of any law or
2711	2704		commission rule with respect to a construction project if the
2712	2705		conditional approval or waiver does not compromise public health or
2713	2706		safety.
2714	2707		(b) If the commission grants conditional approval of or a
2715	2708		waiver for a construction project, the authority shall make any
2716	2709		subsequent changes required by the commission in the construction
2717	2710		project necessary to protect the public health or safety.
2718	2711		(c) The commission may not require that the authority enter
2719	2712		into a contract with another person as a condition for approving an
2720	2713		authority construction project. The authority may meet the
2721	2714		authority's obligations under commission rules that require
2722	2715		certain issues to be addressed by contract by adopting rules that
2723	2716		address the commission issues and that allocate responsibility as
2724	2717		necessary between the authority and a person in the authority.
2725	2718		(Acts 76th Leg., R.S., Ch. 1029, Secs. 4.10(g) (part), (h), (i).)
2726	2719		Sec. 8888.168. STATEMENT OF AMOUNTS OF WATER TO BE
2727	2720		DELIVERED. To comply with commission rules that would require the
2728	2721		authority to state specific amounts of water that may or will be
2729	2722		provided to another entity receiving water from the authority, the
2730	2723		authority may state the amount in ranges that the authority may
2731	2724		change on prompt notification to the commission. (Acts 76th Leg.,
2732	2725		R.S., Ch. 1029, Sec. 4.10(k).)
2733	2726		Sec. 8888.169. EFFECT OF MUNICIPAL ANNEXATION ON FEES AND
2734	2727		SERVICES. (a) Except to the extent the authority agrees in
2735	2728		writing, a municipality's annexation of territory that is in the
2736	2729		authority does not affect the authority's ability to assess and
2737	2730		collect inside the annexed territory the types of fees, rates,
2738	2731		charges, or special assessments that the authority was assessing
2739	2732		and collecting at the time the municipality initiated the
2740	2733		annexation.
2741	2734		(b) The authority's ability to assess and collect the types
2742	2735		of fees, rates, charges, or special assessments described by
2743	2736		Subsection (a) terminates on the later of:
2744	2737		(1) the date of final payment or defeasance of any
2745	2738		bonds or other indebtedness, including any refunding bonds, that
2746	2739		are secured by those fees, rates, charges, or special assessments;
2747	2740		or
2748	2741		(2) the date that the authority no longer provides
2749	2742		services inside the annexed territory.
2750	2743		(c) The authority shall continue to provide services to the
2751	2744		annexed territory in accordance with contracts in effect at the
2752	2745		time of the annexation unless a written agreement between the board
2753	2746		and the governing body of the municipality provides otherwise.
2754	2747		(Acts 76th Leg., R.S., Ch. 1029, Sec. 1.03(d).)
2755	2748		Sec. 8888.170. CIVIL PENALTY; CIVIL ACTION; INJUNCTION.
2756	2749		(a) A person who violates a rule or order of the authority is
2757	2750		subject to a civil penalty of not less than $50 and not more than
2758	2751		$5,000 for each violation or each day of a continuing violation.
2759	2752		(b) The authority may bring an action to recover the penalty
2760	2753		in a district court in the county where the violation occurred. The
2761	2754		penalty shall be paid to the authority.
2762	2755		(c) The authority may bring an action for injunctive relief
2763	2756		in a district court in the county where a violation of an authority
2764	2757		rule or order occurs or is threatened to occur. The court may grant
2765	2758		to the authority, without bond or other undertaking, a prohibitory
2766	2759		or mandatory injunction that the facts warrant, including a
2767	2760		temporary restraining order, temporary injunction, or permanent
2768	2761		injunction.
2769	2762		(d) The authority may bring an action for a civil penalty
2770	2763		and injunctive relief in the same proceeding.
2771	2764		(e) The authority may bring an action in a district court
2772	2765		against a person located in the authority or included in the
2773	2766		authority's groundwater reduction plan to:
2774	2767		(1) recover any fees, rates, charges, assessments,
2775	2768		collection expenses, attorney's fees, interest, penalties, or
2776	2769		administrative penalties due the authority; or
2777	2770		(2) enforce the authority's rules or orders.
2778	2771		(f) Governmental immunity from suit or liability of a
2779	2772		district or other political subdivision is waived for the purposes
2780	2773		of an action described by Subsection (e). (Acts 76th Leg., R.S.,
2781	2774		Ch. 1029, Sec. 4.04.)
2782	2775		Sec. 8888.171. EMINENT DOMAIN. (a) The authority may
2783	2776		exercise the power of eminent domain in the authority to acquire
2784	2777		property of any kind to further the authorized purposes of the
2785	2778		authority.
2786	2779		(b) The authority may exercise the power of eminent domain
2787	2780		outside the authority to acquire any land, easements, or other
2788	2781		property for the purpose of pumping, treating, storing, or
2789	2782		transporting water.
2790	2783		(c) The authority may not exercise the power of eminent
2791	2784		domain under Subsection (b):
2792	2785		(1) for the condemnation of land for the purpose of
2793	2786		acquiring groundwater rights, water, or water rights; or
2794	2787		(2) to acquire property of any kind that is:
2795	2788		(A) owned by a municipality with a population of
2796	2789		1.6 million or more or any instrumentality of a municipality with a
2797	2790		population of 1.6 million or more, including any local government
2798	2791		corporation created by the municipality; or
2799	2792		(B) located in the corporate boundaries of a
2800	2793		municipality with a population of 1.6 million or more as of February
2801	2794		1, 2001.
2802	2795		(d) Notwithstanding Subsection (c)(2)(B), the authority may
2803	2796		exercise the power of eminent domain under Subsection (b) to
2804	2797		acquire property in the corporate boundaries of a municipality with
2805	2798		a population of 1.6 million or more if:
2806	2799		(1) the condemnation is to be used to provide
2807	2800		facilities between two points that are in the authority and the area
2808	2801		in the municipality is bounded by a line parallel to and 150 feet
2809	2802		north of the north side of Greens Bayou and by a line parallel to and
2810	2803		150 feet south of the south side of Greens Bayou;
2811	2804		(2) annexation of the territory by the municipality
2812	2805		was completed between January 1, 1962, and January 1, 1964; or
2813	2806		(3) the municipality grants permission for the
2814	2807		condemnation.
2815	2808		(e) The authority may not exercise the power of eminent
2816	2809		domain to acquire property of any kind in Galveston County.
2817	2810		(f) The authority must exercise the power of eminent domain
2818	2811		in the manner provided by Chapter 21, Property Code. The authority
2819	2812		is not required to give bond for appeal or bond for costs in a
2820	2813		condemnation suit, or other suit to which the authority is a party,
2821	2814		and is not required to deposit more than the amount of an award in a
2822	2815		suit.
2823	2816		(g) The authority may elect to condemn either the fee simple
2824	2817		or a lesser property interest when exercising the power of eminent
2825	2818		domain.
2826	2819		(h) The authority's authority under this section to
2827	2820		exercise the power of eminent domain expired on September 1, 2013,
2828	2821		unless the authority submitted a letter to the comptroller in
2829	2822		accordance with Section 2206.101(b), Government Code, not later
2830	2823		than December 31, 2012. (Acts 76th Leg., R.S., Ch. 1029, Secs.
2831	2824		4.08(a), (b), (c), (d), (e); New.)
2832	2825		SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
2833	2826		Sec. 8888.201. GIFT OR GRANT FROM SUBSIDENCE DISTRICT. The
2834	2827		authority may accept a gift or grant from money collected by the
2835	2828		subsidence district under Chapter 8801 to fund a water treatment or
2836	2829		supply system. (Acts 76th Leg., R.S., Ch. 1029, Sec. 4.11 (part).)
2837	2830		Sec. 8888.202. AUTHORIZATION OF DISBURSEMENT. A
2838	2831		disbursement of the authority must be signed by at least two
2839	2832		directors. (Acts 76th Leg., R.S., Ch. 1029, Sec. 4.12(b) (part).)
2840	2833		Sec. 8888.203. AD VALOREM TAX PROHIBITED. The authority
2841	2834		may not impose an ad valorem tax. (Acts 76th Leg., R.S., Ch. 1029,
2842	2835		Sec. 4.13.)
2843	2836		Sec. 8888.204. COOPERATIVE FUNDING. (a) The authority may
2844	2837		develop a procedure for funding cooperatively a project of the
2845	2838		authority with money from a political subdivision located entirely
2846	2839		in the authority, and may develop a procedure for funding
2847	2840		cooperatively a project of the authority with money from a
2848	2841		political subdivision located wholly or partly outside the
2849	2842		authority, a water supply corporation, or other private entity, if
2850	2843		the authority project fulfills a governmental purpose of both the
2851	2844		authority and the political subdivision, or fulfills a governmental
2852	2845		purpose of the authority that the authority determines would be
2853	2846		furthered by cooperative funding from a private entity.
2854	2847		(b) A political subdivision may enter into a contract with
2855	2848		the authority for the political subdivision to finance a portion of
2856	2849		the proposed project with the political subdivision's resources
2857	2850		instead of using only the proceeds from bonds of the authority for
2858	2851		that purpose. The contract must be executed before the authority
2859	2852		issues the bonds. As provided in the contract, the authority may:
2860	2853		(1) reduce the value of the bond issuance to the degree
2861	2854		that the political subdivision provides project funding; and
2862	2855		(2) credit the political subdivision for the political
2863	2856		subdivision's contribution to the project financing and adjust the
2864	2857		allocation of revenue pledged to the payment of the bonds so that
2865	2858		the authority avoids using, to a degree reasonably commensurate
2866	2859		with the contribution, revenue from the political subdivision to
2867	2860		service the authority's bond debt or interest. (Acts 76th Leg.,
2868	2861		R.S., Ch. 1029, Sec. 5.05.)
2869	2862		SUBCHAPTER F. NOTES AND BONDS
2870	2863		Sec. 8888.251. REVENUE NOTES. (a) The board, without an
2871	2864		election, may borrow money on negotiable notes of the authority
2872	2865		payable solely from the revenue from any source, including:
2873	2866		(1) tolls, charges, and fees the authority imposes;
2874	2867		(2) the sale of water, water or sewer services, or any
2875	2868		other service or product of the authority;
2876	2869		(3) grants or gifts;
2877	2870		(4) the ownership and operation of all or a designated
2878	2871		part of the authority's works, improvements, facilities, plants, or
2879	2872		equipment; and
2880	2873		(5) contracts between the authority and any person.
2881	2874		(b) The notes may be first or subordinate lien notes at the
2882	2875		board's discretion. An obligation may not be a charge on the
2883	2876		property of the authority. An obligation may only be a charge on
2884	2877		revenue pledged for the payment of the obligation. (Acts 76th Leg.,
2885	2878		R.S., Ch. 1029, Sec. 5.01.)
2886	2879		Sec. 8888.252. REVENUE AND BOND ANTICIPATION NOTES. (a)
2887	2880		The board may issue negotiable revenue anticipation notes or
2888	2881		negotiable bond anticipation notes to borrow the money needed by
2889	2882		the authority without advertising or giving notice of the sale.
2890	2883		(b) The board may also issue negotiable combination revenue
2891	2884		and bond anticipation notes. Negotiable combination revenue and
2892	2885		bond anticipation notes may contain any term authorized under this
2893	2886		section for revenue anticipation notes or bond anticipation notes.
2894	2887		(c) Any note issued must mature not later than one year
2895	2888		after its date of issuance.
2896	2889		(d) A revenue anticipation note:
2897	2890		(1) may be issued to enable the authority to carry out
2898	2891		any purpose authorized by this chapter; and
2899	2892		(2) must be secured by the proceeds of revenue to be
2900	2893		collected by the authority in the 12-month period following the
2901	2894		date of issuance of the note.
2902	2895		(e) The board may covenant with the purchasers of revenue
2903	2896		anticipation notes that the board will charge and collect
2904	2897		sufficient revenue to pay the principal of and interest on the notes
2905	2898		and pay the cost of collecting the revenue.
2906	2899		(f) A bond anticipation note may be issued:
2907	2900		(1) for any purpose for which a bond of the authority
2908	2901		may be issued; or
2909	2902		(2) to refund previously issued revenue or bond
2910	2903		anticipation notes.
2911	2904		(g) The authority may covenant with the purchasers of the
2912	2905		bond anticipation notes that the authority will use the proceeds of
2913	2906		the sale of any bonds in the process of issuance for the purpose of
2914	2907		refunding the bond anticipation notes, in which case the board
2915	2908		shall use the proceeds received from the sale of the bonds in the
2916	2909		process of issuance to pay the principal, interest, or redemption
2917	2910		price on the bond anticipation notes.
2918	2911		(h) For purposes of Section 1202.007, Government Code, a
2919	2912		note issued under this section is considered to be payable only out
2920	2913		of:
2921	2914		(1) current revenue collected in the year the note is
2922	2915		issued; or
2923	2916		(2) the proceeds of other public securities. (Acts
2924	2917		76th Leg., R.S., Ch. 1029, Sec. 5.01A.)
2925	2918		Sec. 8888.253. BONDS AND NOTES. (a) To carry out a power
2926	2919		conferred by this chapter, the authority may issue bonds secured by
2927	2920		all or part of the revenue from any source, including any source
2928	2921		described by Section 8888.251(a).
2929	2922		(b) In issuing or securing a bond or note of the authority,
2930	2923		the authority may exercise any power of an issuer under Chapter
2931	2924		1371, Government Code.
2932	2925		(c) The authority may conduct a public, private, or
2933	2926		negotiated sale of the bonds.
2934	2927		(d) The bonds must:
2935	2928		(1) be authorized by board resolution;
2936	2929		(2) be issued in the authority's name;
2937	2930		(3) be signed by the board president or vice
2938	2931		president;
2939	2932		(4) be attested by the board secretary; and
2940	2933		(5) bear the authority's seal or facsimile seal.
2941	2934		(e) The bonds may be secured by an indenture of trust with a
2942	2935		corporate trustee.
2943	2936		(f) The authority may issue bonds in more than one series as
2944	2937		required for carrying out the purposes of this chapter. In issuing
2945	2938		bonds secured by the authority's revenue, the authority may reserve
2946	2939		the right to issue additional bonds secured by the authority's
2947	2940		revenue that are on a parity with or are senior or subordinate to
2948	2941		the bonds issued earlier.
2949	2942		(g) The resolution authorizing the bonds or the trust
2950	2943		indenture securing the bonds may specify additional provisions that
2951	2944		constitute a contract between the authority and the authority's
2952	2945		bondholders. The board may provide for:
2953	2946		(1) additional bond provisions; and
2954	2947		(2) a corporate trustee or receiver to take possession
2955	2948		of the authority's facilities if the authority defaults.
2956	2949		(h) Section 49.181, Water Code, does not apply to bonds or
2957	2950		notes issued by the authority. (Acts 76th Leg., R.S., Ch. 1029,
2958	2951		Secs. 5.02(a), (b), (c), (d) (part), (e), (f), (g), (h).)
2959	2952		Sec. 8888.254. BONDS SECURED BY CONTRACT PROCEEDS:
2960	2953		APPROVAL. (a) If bonds issued under this subchapter are secured by
2961	2954		a pledge of the proceeds of a contract between the authority and a
2962	2955		municipality or other governmental agency, authority, or district,
2963	2956		the authority shall submit to the attorney general a copy of the
2964	2957		contract and the proceedings of the municipality or other
2965	2958		governmental agency, authority, or district authorizing the
2966	2959		contract.
2967	2960		(b) If the attorney general finds that the bonds have been
2968	2961		authorized and the contract has been made in accordance with law,
2969	2962		the attorney general shall approve the bonds and contract. (Acts
2970	2963		76th Leg., R.S., Ch. 1029, Sec. 5.04 (part).)
2971	2964		Sec. 8888.255. REFUNDING BONDS. The provisions of this
2972	2965		subchapter regarding the issuance of other bonds, their security,
2973	2966		and the remedies of the holders apply to refunding bonds. (Acts
2974	2967		76th Leg., R.S., Ch. 1029, Sec. 5.03.)
2975	2968		Sec. 8888.256. VALIDITY OF BONDS AFTER ADDITION OF
2976	2969		TERRITORY. The annexation or addition of territory to the
2977	2970		authority under Section 8888.052 or 8888.053 does not affect the
2978	2971		validity of bonds issued by the authority. (Acts 76th Leg., R.S.,
2979	2972		Ch. 1029, Sec. 1.03(h).)
2980	2973		SECTION 1.05. Subtitle I, Title 6, Special District Local
2981	2974		Laws Code, is amended by adding Chapters 9048 and 9070 to read as
2982	2975		follows:
2983	2976		CHAPTER 9048. EL PASO COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT
2984	2977		NO. 4
2985	2978		SUBCHAPTER A. GENERAL PROVISIONS
2986	2979		Sec. 9048.001. DEFINITION
2987	2980		Sec. 9048.002. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
2988	2981		Sec. 9048.003. DISTRICT TERRITORY
2989	2982		SUBCHAPTER B. POWERS AND DUTIES
2990	2983		Sec. 9048.051. GENERAL POWERS AND DUTIES
2991	2984		Sec. 9048.052. POWERS RELATING TO SANITARY SEWER
2992	2985		SYSTEM
2993	2986		SUBCHAPTER C. BONDS
2994	2987		Sec. 9048.101. BOND ELECTION REQUIRED
2995	2988		CHAPTER 9048. EL PASO COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT
2996	2989		NO. 4
2997	2990		SUBCHAPTER A. GENERAL PROVISIONS
2998	2991		Sec. 9048.001. DEFINITION. In this chapter, "district"
2999	2992		means the El Paso County Water Control and Improvement District
3000	2993		No. 4. (Acts 54th Leg., R.S., Ch. 58, Sec. 2A(a).)
3001	2994		Sec. 9048.002. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
3002	2995		The district is created to serve a public use and benefit.
3003	2996		(b) Except for property owned by a railroad or public
3004	2997		utility that does not use the facilities of the district, all land
3005	2998		included in the boundaries of the district will be benefited. (Acts
3006	2999		54th Leg., R.S., Ch. 58, Sec. 2 (part).)
3007	3000		Sec. 9048.003. DISTRICT TERRITORY. (a) The district is
3008	3001		composed of the territory described by Section 1, Chapter 268, Acts
3009	3002		of the 82nd Legislature, Regular Session, 2011, as that territory
3010	3003		may have been modified under:
3011	3004		(1) Subchapter O, Chapter 51, Water Code;
3012	3005		(2) Subchapter J, Chapter 49, Water Code; or
3013	3006		(3) other law.
3014	3007		(b) The boundaries and field notes of the district form a
3015	3008		closure. A mistake made in the field notes or in copying the field
3016	3009		notes in the legislative process does not affect:
3017	3010		(1) the district's organization, existence, or
3018	3011		validity;
3019	3012		(2) the district's right to issue any type of bond for
3020	3013		a purpose for which the district is created or to pay the principal
3021	3014		of and interest on the bond;
3022	3015		(3) the district's right to impose a tax; or
3023	3016		(4) the legality or operation of the district. (Acts
3024	3017		54th Leg., R.S., Ch. 58, Secs. 2A(b), (c); New.)
3025	3018		SUBCHAPTER B. POWERS AND DUTIES
3026	3019		Sec. 9048.051. GENERAL POWERS AND DUTIES. Except as
3027	3020		otherwise provided by this chapter, the district has all the
3028	3021		rights, powers, privileges, and duties, including the control of
3029	3022		storm and flood waters, provided by general law applicable to a
3030	3023		water control and improvement district created under Section 59,
3031	3024		Article XVI, Texas Constitution, including Chapters 49 and 51,
3032	3025		Water Code. (Acts 54th Leg., R.S., Ch. 58, Sec. 1 (part), Sec. 3
3033	3026		(part); New.)
3034	3027		Sec. 9048.052. POWERS RELATING TO SANITARY SEWER SYSTEM.
3035	3028		The district may construct, maintain, and operate a sanitary sewer
3036	3029		system. (Acts 54th Leg., R.S., Ch. 58, Sec. 1 (part).)
3037	3030		SUBCHAPTER C. BONDS
3038	3031		Sec. 9048.101. BOND ELECTION REQUIRED. The district may
3039	3032		not issue bonds unless the bonds are authorized by a majority of the
3040	3033		voters of the district voting at an election held for that purpose.
3041	3034		(Acts 54th Leg., R.S., Ch. 58, Sec. 2 (part).)
3042	3035		CHAPTER 9070. FAYETTE COUNTY WATER CONTROL AND IMPROVEMENT
3043	3036		DISTRICT-MONUMENT HILL
3044	3037		Sec. 9070.001. DEFINITION
3045	3038		Sec. 9070.002. EXCLUSION OF TERRITORY
3046	3039		Sec. 9070.003. RIGHTS OF BONDHOLDERS
3047	3040		Sec. 9070.004. TAX LIABILITY OF EXCLUDED TERRITORY
3048	3041		CHAPTER 9070. FAYETTE COUNTY WATER CONTROL AND IMPROVEMENT
3049	3042		DISTRICT-MONUMENT HILL
3050	3043		Sec. 9070.001. DEFINITION. In this chapter, "district"
3051	3044		means the Fayette County Water Control and Improvement
3052	3045		District-Monument Hill. (Acts 72nd Leg., R.S., Ch. 316, Sec. 1.)
3053	3046		Sec. 9070.002. EXCLUSION OF TERRITORY. The boundaries of
3054	3047		the district exclude the approximately 100 acres of territory
3055	3048		previously included in the district that are located across
3056	3049		Buckners Creek from the district. (Acts 72nd Leg., R.S., Ch. 316,
3057	3050		Sec. 2.)
3058	3051		Sec. 9070.003. RIGHTS OF BONDHOLDERS. The exclusion of
3059	3052		territory under this chapter does not diminish or impair the rights
3060	3053		of the holders of any outstanding and unpaid bonds, warrants, or
3061	3054		other certificates of indebtedness of the district. (Acts 72nd
3062	3055		Leg., R.S., Ch. 316, Sec. 3.)
3063	3056		Sec. 9070.004. TAX LIABILITY OF EXCLUDED TERRITORY. (a)
3064	3057		Territory excluded from the district under Section 9070.002 is not
3065	3058		released from the payment of its pro rata share of the district's
3066	3059		debt.
3067	3060		(b) The district shall continue to impose taxes each year on
3068	3061		the excluded territory at the same rate imposed on other district
3069	3062		property until the taxes collected from the excluded territory
3070	3063		equal its pro rata share of the district's debt at the time the
3071	3064		territory was excluded. The taxes collected shall be applied
3072	3065		exclusively to the payment of the excluded territory's pro rata
3073	3066		share of the debt.
3074	3067		(c) The owner of all or part of the excluded territory may
3075	3068		pay in full, at any time, the owner's share of the pro rata share of
3076	3069		the district's debt. (Acts 72nd Leg., R.S., Ch. 316, Sec. 4.)
3077	3070		ARTICLE 2. CONFORMING AMENDMENTS
3078	3071		SECTION 2.01. Section 1, Chapter 498, Acts of the 54th
3079	3072		Legislature, Regular Session, 1955, is amended to read as follows:
3080	3073		Sec. 1. The [creation and establishment of] North Plains
3081	3074		Groundwater Conservation District is[,] composed of lands and
3082	3075		territories situated within all or a portion of the Texas Counties
3083	3076		of Dallam, Hansford, Hartley, Hutchinson, Lipscomb, Moore,
3084	3077		Ochiltree and Sherman, the boundaries of said District being
3085	3078		described by metes and bounds in order canvassing returns and
3086	3079		declaring results of confirmation election, dated January 27, 1955,
3087	3080		recorded in Volume 1, Page 53, of the Ground Water Conservation
3088	3081		Records of Ochiltree County, Texas, and recorded in Volume 119,
3089	3082		Page 21 of the Deed Records of Ochiltree County, Texas[, to which
3090	3083		reference is here made for a more complete description, and which is
3091	3084		incorporated herein by reference the same as if copied herein in
3092	3085		full, is hereby ratified, confirmed and validated. All acts of the
3093	3086		Board of Water Engineers of the State of Texas in regard to the
3094	3087		designation of Subdivision Number Two, of the Groundwater Reservoir
3095	3088		in the Ogallala Formation, North of the Canadian River in Texas,
3096	3089		dated August 16, 1954, in regard to the creation and establishing of
3097	3090		said District, and the appointment of seven (7) directors, and all
3098	3091		acts of the Board of Directors of said District in regard to the
3099	3092		creation and establishment of said District and in regard to
3100	3093		levying and collecting ad valorem taxes by said District are in all
3101	3094		things ratified, confirmed and validated, and said District,
3102	3095		composed of the land and territory described above, is hereby
3103	3096		declared to have been fully and duly created and established and
3104	3097		authorized to collect ad valorem taxes from and after the
3105	3098		confirmation and tax elections held within said District on January
3106	3099		21, 1955].
3107	3100		ARTICLE 3. REPEALERS
3108	3101		SECTION 3.01. The following statutes are repealed:
3109	3102		(1) Chapter 46, Acts of the 54th Legislature, Regular
3110	3103		Session, 1955;
3111	3104		(2) Chapter 1168, Acts of the 71st Legislature,
3112	3105		Regular Session, 1989;
3113	3106		(3) Chapter 21, Acts of the 68th Legislature, Regular
3114	3107		Session, 1983;
3115	3108		(4) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,
3116	3109		15, 16, 17, 18, 19, 20, 21, and 22, Chapter 141, Acts of the 54th
3117	3110		Legislature, Regular Session, 1955;
3118	3111		(5) Sections 1, 2(c), 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
3119	3112		13, 14, 15, 16A, 16B, 16C, 16D, 16E, 16F, and 16G, Chapter 1081,
3120	3113		Acts of the 68th Legislature, Regular Session, 1983;
3121	3114		(6) Sections 3, 4, 5, and 6, Chapter 600, Acts of the
3122	3115		70th Legislature, Regular Session, 1987;
3123	3116		(7) Chapter 318, Acts of the 72nd Legislature, Regular
3124	3117		Session, 1991;
3125	3118		(8) Chapter 1200, Acts of the 75th Legislature,
3126	3119		Regular Session, 1997;
3127	3120		(9) Chapter 350, Acts of the 81st Legislature, Regular
3128	3121		Session, 2009;
3129	3122		(10) Chapter 524, Acts of the 71st Legislature,
3130	3123		Regular Session, 1989;
3131	3124		(11) Chapter 22, Acts of the 77th Legislature, Regular
3132	3125		Session, 2001;
3133	3126		(12) Chapter 64, Acts of the 81st Legislature, Regular
3134	3127		Session, 2009;
3135	3128		(13) Sections 1, 1A, 2, 4, 5, 6, 7, 8, 9, 10A, 10B, 11,
3136	3129		and 12, Chapter 712, Acts of the 71st Legislature, Regular Session,
3137	3130		1989;
3138	3131		(14) Chapter 1123, Acts of the 80th Legislature,
3139	3132		Regular Session, 2007;
3140	3133		(15) Chapter 368, Acts of the 74th Legislature,
3141	3134		Regular Session, 1995;
3142	3135		(16) Chapter 658, Acts of the 82nd Legislature,
3143	3136		Regular Session, 2011;
3144	3137		(17) Chapter 669, Acts of the 71st Legislature,
3145	3138		Regular Session, 1989;
3146	3139		(18) Chapter 673, Acts of the 71st Legislature,
3147	3140		Regular Session, 1989;
3148	3141		(19) Chapter 653, Acts of the 71st Legislature,
3149	3142		Regular Session, 1989;
3150	3143		(20) Chapter 879, Acts of the 81st Legislature,
3151	3144		Regular Session, 2009;
3152	3145		(21) Chapter 519, Acts of the 71st Legislature,
3153	3146		Regular Session, 1989;
3154	3147		(22) Chapter 1173, Acts of the 79th Legislature,
3155	3148		Regular Session, 2005;
3156	3149		(23) Chapter 46, Acts of the 72nd Legislature, Regular
3157	3150		Session, 1991;
3158	3151		(24) Chapter 377, Acts of the 69th Legislature,
3159	3152		Regular Session, 1985;
3160	3153		(25) Chapter 757, Acts of the 72nd Legislature,
3161	3154		Regular Session, 1991;
3162	3155		(26) Sections 1A, 2, 3, 4, 4a, and 5, Chapter 498, Acts
3163	3156		of the 54th Legislature, Regular Session, 1955;
3164	3157		(27) Chapter 760, Acts of the 68th Legislature,
3165	3158		Regular Session, 1983;
3166	3159		(28) Chapter 63, Acts of the 69th Legislature, Regular
3167	3160		Session, 1985;
3168	3161		(29) Sections 2, 3, 4, and 5, Chapter 1152, Acts of the
3169	3162		76th Legislature, Regular Session, 1999;
3170	3163		(30) Chapter 644, Acts of the 84th Legislature,
3171	3164		Regular Session, 2015;
3172	3165		(31) Sections 1.01, 1.02, 1.03(d), 1.03(f), 1.03(g),
3173	3166		1.03(h), 1.045, 1.05, and 1.06, Chapter 1029, Acts of the 76th
3174	3167		Legislature, Regular Session, 1999;
3175	3168		(32) Articles 2, 3, 4, 5, and 6, Chapter 1029, Acts of
3176	3169		the 76th Legislature, Regular Session, 1999;
3177	3170		(33) Chapter 232, Acts of the 77th Legislature,
3178	3171		Regular Session, 2001;
3179	3172		(34) Article 12, Chapter 966, Acts of the 77th
3180	3173		Legislature, Regular Session, 2001;
3181	3174		(35) Section 13.04, Chapter 966, Acts of the 77th
3182	3175		Legislature, Regular Session, 2001;
3183	3176		(36) Sections 1, 3, 4, 5, 6, and 7, Chapter 1296, Acts
3184	3177		of the 77th Legislature, Regular Session, 2001;
3185	3178		(37) Sections 39 and 40, Chapter 1423, Acts of the 77th
3186	3179		Legislature, Regular Session, 2001;
3187	3180		(38) Chapter 381, Acts of the 78th Legislature,
3188	3181		Regular Session, 2003;
3189	3182		(39) Section 2, Chapter 271, Acts of the 79th
3190	3183		Legislature, Regular Session, 2005;
3191	3184		(40) Sections 2, 3, 4, 5, and 7, Chapter 321, Acts of
3192	3185		the 82nd Legislature, Regular Session, 2011;
3193	3186		(41) Chapter 723, Acts of the 83rd Legislature,
3194	3187		Regular Session, 2013;
3195	3188		(42) Chapter 1343, Acts of the 79th Legislature,
3196	3189		Regular Session, 2005;
3197	3190		(43) Section 199, Chapter 1163, Acts of the 82nd
3198	3191		Legislature, Regular Session, 2011;
3199	3192		(44) Sections 1, 2, 2A(a), 2A(b), 2A(c), 3, and 4,
3200	3193		Chapter 58, Acts of the 54th Legislature, Regular Session, 1955;
3201	3194		(45) Chapter 491, Acts of the 54th Legislature,
3202	3195		Regular Session, 1955;
3203	3196		(46) Section 2, Chapter 268, Acts of the 82nd
3204	3197		Legislature, Regular Session, 2011;
3205	3198		(47) Chapter 316, Acts of the 72nd Legislature,
3206	3199		Regular Session, 1991; and
3207	3200		(48) Sections 2, 3, 6, 7, 8, 9, 10, 11, 13, and 14,
3208	3201		Chapter 1196, Acts of the 84th Legislature, Regular Session, 2015.
3209	3202		ARTICLE 4. GENERAL MATTERS
3210	3203		SECTION 4.01. LEGISLATIVE INTENT OF NO SUBSTANTIVE CHANGE.
3211	3204		This Act is enacted under Section 43, Article III, Texas
3212	3205		Constitution. This Act is intended as a codification only, and no
3213	3206		substantive change in the law is intended by this Act. This Act
3214	3207		does not increase or decrease the territory of any special district
3215	3208		of the state as those boundaries exist on the effective date of this
3216	3209		Act.
3217	3210		SECTION 4.02. PRESERVATION OF VALIDATION MADE BY PREVIOUS
3218	3211		LAW. (a) The repeal of a law, including a validating law, by this
3219	3212		Act does not remove, void, or otherwise affect in any manner a
3220	3213		validation under the repealed law. The validation is preserved and
3221	3214		continues to have the same effect that it would have if the law were
3222	3215		not repealed.
3223	3216		(b) Subsection (a) of this section does not diminish the
3224	3217		saving provisions prescribed by Section 311.031, Government Code.
3225	3218		SECTION 4.03. EFFECTIVE DATE. This Act takes effect April
3226	3219		1, 2019.
3227		-	* * * * *
	3220	+	______________________________ ______________________________
	3221	+	President of the Senate Speaker of the House
	3222	+	I certify that H.B. No. 2803 was passed by the House on April
	3223	+	20, 2017, by the following vote: Yeas 144, Nays 0, 2 present, not
	3224	+	voting.
	3225	+	______________________________
	3226	+	Chief Clerk of the House
	3227	+	I certify that H.B. No. 2803 was passed by the Senate on May
	3228	+	24, 2017, by the following vote: Yeas 31, Nays 0.
	3229	+	______________________________
	3230	+	Secretary of the Senate
	3231	+	APPROVED: _____________________
	3232	+	Date
	3233	+	_____________________
	3234	+	Governor