Texas 2017 - 85th Regular

Texas Senate Bill SB1988 Compare Versions

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Old	New	Differences
1	1	85R10294 SLB-D
2	2	By: Lucio S.B. No. 1988
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the nonsubstantive revision of certain local laws
8	8	concerning water and wastewater special districts, including
9	9	conforming amendments.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	ARTICLE 1. NONSUBSTANTIVE REVISION OF LOCAL LAWS
12	12	SECTION 1.01. Subtitle A, Title 5, Special District Local
13	13	Laws Code, is amended by adding Chapters 5009 and 5013 to read as
14	14	follows:
15	15	CHAPTER 5009. GALVESTON COUNTY NAVIGATION DISTRICT NO. 1
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 5009.001. DEFINITIONS
18	18	Sec. 5009.002. NATURE OF DISTRICT
19	19	Sec. 5009.003. LEGISLATIVE FINDINGS
20	20	SUBCHAPTER B. POWERS AND DUTIES
21	21	Sec. 5009.051. LIMITATION ON POWERS AND DUTIES
22	22	SUBCHAPTER C. PROMOTION AND DEVELOPMENT FUND
23	23	Sec. 5009.101. ESTABLISHMENT OF FUND; DEPOSITS
24	24	Sec. 5009.102. USE OF FUND
25	25	Sec. 5009.103. CONTROL OF FUND
26	26	CHAPTER 5009. GALVESTON COUNTY NAVIGATION DISTRICT NO. 1
27	27	SUBCHAPTER A. GENERAL PROVISIONS
28	28	Sec. 5009.001. DEFINITIONS. In this chapter:
29	29	(1) "Commission" means the board of navigation and
30	30	canal commissioners of the district.
31	31	(2) "District" means the Galveston County Navigation
32	32	District No. 1.
33	33	(3) "Fund" means a promotion and development fund
34	34	created by the district. (New.)
35	35	Sec. 5009.002. NATURE OF DISTRICT. The district is created
36	36	under Section 59, Article XVI, Texas Constitution. (Acts 54th
37	37	Leg., R.S., Ch. 46, Sec. 4 (part).)
38	38	Sec. 5009.003. LEGISLATIVE FINDINGS. (a) All land and
39	39	other property in the district benefit from the creation of the
40	40	district, the carrying out of the purposes for which the district
41	41	was created, and the acquisition and construction of navigation
42	42	facilities and improvements to carry out those purposes.
43	43	(b) The district is necessary to carry out Section 59,
44	44	Article XVI, Texas Constitution. (Acts 54th Leg., R.S., Ch. 46,
45	45	Sec. 4 (part).)
46	46	SUBCHAPTER B. POWERS AND DUTIES
47	47	Sec. 5009.051. LIMITATION ON POWERS AND DUTIES.
48	48	Notwithstanding any other law, the district, the commission, or
49	49	officers of the district may not have any power or authority over
50	50	the appointment, remuneration, operations, or conduct of the branch
51	51	pilots of the Galveston Bar or the commission of pilots of the
52	52	Galveston Bar. (Acts 54th Leg., R.S., Ch. 46, Sec. 4 (part).)
53	53	SUBCHAPTER C. PROMOTION AND DEVELOPMENT FUND
54	54	Sec. 5009.101. ESTABLISHMENT OF FUND; DEPOSITS. (a) The
55	55	district may establish a promotion and development fund.
56	56	(b) The district, from time to time, may deposit in the fund
57	57	a portion of the district's accumulated money, plus an amount each
58	58	year not to exceed 10 percent of the district's total maintenance
59	59	and operation taxes, including delinquent taxes, received during a
60	60	fiscal year.
61	61	(c) The commission shall determine the amount to be
62	62	deposited in the fund.
63	63	(d) The money in the fund shall be kept separate from other
64	64	money and accounts of the district. (Acts 71st Leg., R.S., Ch.
65	65	1168, Secs. 1, 3(a).)
66	66	Sec. 5009.102. USE OF FUND. The fund may be used only for:
67	67	(1) the purposes described by Section 60.203, Water
68	68	Code;
69	69	(2) the public purposes of development and
70	70	diversification of the district's economy; and
71	71	(3) joint projects with other political subdivisions
72	72	or entities, including funding a program of an entity, to carry out
73	73	the purposes of Subchapter H, Chapter 60, Water Code. (Acts 71st
74	74	Leg., R.S., Ch. 1168, Sec. 2.)
75	75	Sec. 5009.103. CONTROL OF FUND. The fund is under the
76	76	exclusive control of the commission, and the commission has full
77	77	responsibility for auditing, approving, and safeguarding the
78	78	expenditure of money from the fund. (Acts 71st Leg., R.S., Ch.
79	79	1168, Sec. 3(b).)
80	80	CHAPTER 5013. PORT OF HARLINGEN AUTHORITY
81	81	Sec. 5013.001. DEFINITION
82	82	Sec. 5013.002. FORMER NAME OF AUTHORITY
83	83	Sec. 5013.003. GOVERNING BODY
84	84	CHAPTER 5013. PORT OF HARLINGEN AUTHORITY
85	85	Sec. 5013.001. DEFINITION. In this chapter, "authority"
86	86	means the Port of Harlingen Authority. (Acts 68th Leg., R.S., Ch.
87	87	21, Sec. 1(a); New.)
88	88	Sec. 5013.002. FORMER NAME OF AUTHORITY. Before April 13,
89	89	1983, the authority was known as the Arroyo Colorado Navigation
90	90	District of Cameron and Willacy Counties. (Acts 68th Leg., R.S.,
91	91	Ch. 21, Sec. 1(a); New.)
92	92	Sec. 5013.003. GOVERNING BODY. The navigation and canal
93	93	commission of the authority is called the port commission and is
94	94	composed of port commissioners. (Acts 68th Leg., R.S., Ch. 21, Sec.
95	95	1(b); New.)
96	96	SECTION 1.02. Subtitle B, Title 6, Special District Local
97	97	Laws Code, is amended by adding Chapter 6913 to read as follows:
98	98	CHAPTER 6913. HASKELL COUNTY WATER SUPPLY DISTRICT
99	99	SUBCHAPTER A. GENERAL PROVISIONS
100	100	Sec. 6913.001. DEFINITIONS
101	101	Sec. 6913.002. NATURE OF DISTRICT
102	102	Sec. 6913.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
103	103	SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATIONS TO DISTRICT
104	104	TERRITORY
105	105	Sec. 6913.051. DISTRICT TERRITORY
106	106	Sec. 6913.052. ANNEXATION OF TERRITORY IN HASKELL
107	107	COUNTY
108	108	Sec. 6913.053. PETITION FOR ANNEXATION; BOARD
109	109	DETERMINATION AND RESOLUTION
110	110	Sec. 6913.054. COMMISSIONERS COURT RESOLUTION; SETTING
111	111	ANNEXATION HEARING
112	112	Sec. 6913.055. NOTICE OF ANNEXATION HEARING
113	113	Sec. 6913.056. ANNEXATION HEARING
114	114	Sec. 6913.057. ANNEXATION FINDINGS AND RESOLUTION;
115	115	ELECTION PROPOSITIONS
116	116	Sec. 6913.058. NOTICE OF ANNEXATION ELECTION
117	117	Sec. 6913.059. ANNEXATION ELECTION RESULTS
118	118	Sec. 6913.060. ASSUMPTION OF DEBT; TAXES
119	119	Sec. 6913.061. RESTRICTION ON ANNEXATION OF RAILROAD
120	120	RIGHT-OF-WAY OR UTILITY PROPERTY
121	121	SUBCHAPTER C. BOARD OF DIRECTORS
122	122	Sec. 6913.101. DIRECTORS
123	123	Sec. 6913.102. QUALIFICATIONS FOR OFFICE
124	124	Sec. 6913.103. NOTICE OF DIRECTORS' ELECTION
125	125	Sec. 6913.104. OFFICERS
126	126	Sec. 6913.105. VOTE BY BOARD PRESIDENT
127	127	Sec. 6913.106. ABSENCE OR INACTION OF BOARD PRESIDENT
128	128	Sec. 6913.107. DIRECTOR AND TREASURER BONDS
129	129	Sec. 6913.108. COMPENSATION OF DIRECTORS
130	130	SUBCHAPTER D. POWERS AND DUTIES
131	131	Sec. 6913.151. ACQUISITION OF WATER OR WATER RIGHTS
132	132	Sec. 6913.152. CONSTRUCTION OR ACQUISITION OF PROPERTY
133	133	Sec. 6913.153. EMINENT DOMAIN
134	134	Sec. 6913.154. COST OF RELOCATING OR ALTERING PROPERTY
135	135	Sec. 6913.155. CONSTRUCTION AND PURCHASING CONTRACTS
136	136	Sec. 6913.156. CONTRACTS RELATED TO WATER SUPPLY AND
137	137	FACILITIES
138	138	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
139	139	Sec. 6913.201. DEPOSITORY
140	140	Sec. 6913.202. PROJECTS EXEMPT FROM ASSESSMENT OR
141	141	TAXATION
142	142	Sec. 6913.203. TAX ASSESSOR AND COLLECTOR
143	143	SUBCHAPTER F. BONDS
144	144	Sec. 6913.251. AUTHORITY TO ISSUE BONDS
145	145	Sec. 6913.252. FORM OF BONDS
146	146	Sec. 6913.253. MATURITY
147	147	Sec. 6913.254. BONDS PAYABLE FROM REVENUE
148	148	Sec. 6913.255. BONDS PAYABLE FROM AD VALOREM TAXES
149	149	Sec. 6913.256. ELECTION FOR BONDS PAYABLE FROM AD
150	150	VALOREM TAXES
151	151	Sec. 6913.257. TAX AND COMPENSATION RATES
152	152	Sec. 6913.258. ADDITIONAL SECURITY
153	153	Sec. 6913.259. USE OF BOND PROCEEDS
154	154	Sec. 6913.260. APPOINTMENT OF RECEIVER
155	155	Sec. 6913.261. REFUNDING BONDS
156	156	Sec. 6913.262. BONDS EXEMPT FROM TAXATION
157	157	CHAPTER 6913. HASKELL COUNTY WATER SUPPLY DISTRICT
158	158	SUBCHAPTER A. GENERAL PROVISIONS
159	159	Sec. 6913.001. DEFINITIONS. In this chapter:
160	160	(1) "Board" means the district's board of directors.
161	161	(2) "Commissioners court" means the Haskell County
162	162	Commissioners Court.
163	163	(3) "Director" means a board member.
164	164	(4) "District" means the Haskell County Water Supply
165	165	District. (Acts 54th Leg., R.S., Ch. 141, Sec. 1 (part); New.)
166	166	Sec. 6913.002. NATURE OF DISTRICT. The district is created
167	167	under Section 59, Article XVI, Texas Constitution. (Acts 54th
168	168	Leg., R.S., Ch. 141, Sec. 1 (part).)
169	169	Sec. 6913.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
170	170	All land in the district will benefit from the improvements to be
171	171	acquired and constructed by the district.
172	172	(b) Because the accomplishment of the purposes stated in
173	173	this chapter is for the benefit of the people of this state and for
174	174	the improvement of their property and industries, the district in
175	175	carrying out the purposes of this chapter performs an essential
176	176	public function under the Texas Constitution. (Acts 54th Leg.,
177	177	R.S., Ch. 141, Secs. 2 (part), 19 (part).)
178	178	SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATIONS TO DISTRICT
179	179	TERRITORY
180	180	Sec. 6913.051. DISTRICT TERRITORY. The district is
181	181	composed of the territory described by Section 2, Chapter 141, Acts
182	182	of the 54th Legislature, Regular Session, 1955, as that territory
183	183	may have been modified under:
184	184	(1) Subchapter J, Chapter 49, Water Code;
185	185	(2) this subchapter or its predecessor statute, former
186	186	Section 5, Chapter 141, Acts of the 54th Legislature, Regular
187	187	Session, 1955; or
188	188	(3) other law. (Acts 54th Leg., R.S., Ch. 141, Sec. 2
189	189	(part); New.)
190	190	Sec. 6913.052. ANNEXATION OF TERRITORY IN HASKELL COUNTY.
191	191	Territory in Haskell County, whether the territory is contiguous to
192	192	the district or not, may be annexed to the district as provided by
193	193	this subchapter. (Acts 54th Leg., R.S., Ch. 141, Sec. 5 (part).)
194	194	Sec. 6913.053. PETITION FOR ANNEXATION; BOARD
195	195	DETERMINATION AND RESOLUTION. (a) Territory may be annexed to the
196	196	district under this subchapter if a petition requesting annexation
197	197	is filed with the board.
198	198	(b) The petition must:
199	199	(1) be signed by:
200	200	(A) 50 registered voters of the territory
201	201	proposed to be annexed who own taxable property in that territory;
202	202	or
203	203	(B) a majority of the registered voters of that
204	204	territory who own taxable property in that territory; and
205	205	(2) describe the territory proposed to be annexed by
206	206	metes and bounds.
207	207	(c) If the board determines that the petition complies with
208	208	Subsection (b), that the annexation would be in the district's
209	209	interest, and that the district will be able to supply water to the
210	210	proposed territory, the board shall:
211	211	(1) adopt a resolution requesting that the
212	212	commissioners court annex the territory to the district and stating
213	213	any conditions for annexation of the territory; and
214	214	(2) deliver a certified copy of the resolution and of
215	215	the petition to the commissioners court. (Acts 54th Leg., R.S., Ch.
216	216	141, Secs. 5(a), (b).)
217	217	Sec. 6913.054. COMMISSIONERS COURT RESOLUTION; SETTING
218	218	ANNEXATION HEARING. On receipt of a board resolution and petition
219	219	under this subchapter, the commissioners court shall:
220	220	(1) adopt a resolution that declares the court's
221	221	intention to call an election in the proposed territory on the
222	222	proposition of whether to annex the territory to the district; and
223	223	(2) set a time and place to hold a hearing on the
224	224	question of whether the proposed territory will benefit from the
225	225	improvements, works, and facilities then owned or operated or
226	226	contemplated to be owned or operated by the district. (Acts 54th
227	227	Leg., R.S., Ch. 141, Sec. 5(c).)
228	228	Sec. 6913.055. NOTICE OF ANNEXATION HEARING. (a) Not later
229	229	than the 10th day before the date of the annexation hearing, notice
230	230	of the resolution adopted under Section 6913.054 shall be published
231	231	one time in a newspaper designated by the commissioners court,
232	232	except as provided by Subsection (c).
233	233	(b) The notice must:
234	234	(1) be addressed to the citizens and owners of
235	235	property in the proposed territory;
236	236	(2) state the time and place of the annexation
237	237	hearing; and
238	238	(3) describe the proposed territory in the same manner
239	239	as Section 6913.053(b) requires.
240	240	(c) If a newspaper is not published in the proposed
241	241	territory, the notice shall be posted in three public places in the
242	242	proposed territory. (Acts 54th Leg., R.S., Ch. 141, Secs. 5(d),
243	243	(k).)
244	244	Sec. 6913.056. ANNEXATION HEARING. (a) The annexation
245	245	hearing may proceed in the order and under the rules prescribed by
246	246	the commissioners court, and the court may recess the hearing.
247	247	(b) Any interested person may appear at the annexation
248	248	hearing and offer evidence for or against the proposed annexation.
249	249	(Acts 54th Leg., R.S., Ch. 141, Sec. 5(e) (part).)
250	250	Sec. 6913.057. ANNEXATION FINDINGS AND RESOLUTION;
251	251	ELECTION PROPOSITIONS. (a) At the conclusion of the annexation
252	252	hearing, if the commissioners court finds that all the proposed
253	253	territory will benefit from the present or contemplated
254	254	improvements, works, or facilities of the district, the
255	255	commissioners court shall adopt a resolution that:
256	256	(1) calls an election in the proposed territory; and
257	257	(2) states the date of the election and the place or
258	258	places of holding the election.
259	259	(b) In calling an election on the proposition for annexation
260	260	of the proposed territory, the commissioners court may include in
261	261	the same proposition a proposition for:
262	262	(1) the territory to assume its part of the
263	263	tax-supported bonds of the district then outstanding and those
264	264	bonds previously voted but not yet sold; and
265	265	(2) an ad valorem tax to be imposed on taxable property
266	266	in the territory along with the tax in the rest of the district for
267	267	the payment of the bonds. (Acts 54th Leg., R.S., Ch. 141, Secs.
268	268	5(e) (part), (i).)
269	269	Sec. 6913.058. NOTICE OF ANNEXATION ELECTION. (a) Not
270	270	later than the 10th day before the date set for the election, notice
271	271	of the election shall be published one time in a newspaper
272	272	designated by the commissioners court, except as provided by
273	273	Subsection (c).
274	274	(b) In addition to the requirements of Section 4.004,
275	275	Election Code, notice of the annexation election must:
276	276	(1) state the conditions under which the proposed
277	277	territory may be annexed; or
278	278	(2) refer to the resolution of the board for that
279	279	purpose.
280	280	(c) If a newspaper is not published in the proposed
281	281	territory, the notice shall be posted in three public places in the
282	282	territory. (Acts 54th Leg., R.S., Ch. 141, Secs. 5(f) (part), (k).)
283	283	Sec. 6913.059. ANNEXATION ELECTION RESULTS. (a) The
284	284	commissioners court shall issue an order declaring the results of
285	285	the annexation election.
286	286	(b) If the order shows that a majority of the votes cast are
287	287	in favor of annexation, the commissioners court shall annex the
288	288	proposed territory to the district. The annexation is
289	289	incontestable except in the time for contesting elections under the
290	290	Election Code.
291	291	(c) A certified copy of the order shall be recorded in the
292	292	deed records of Haskell County. (Acts 54th Leg., R.S., Ch. 141,
293	293	Sec. 5(h) (part).)
294	294	Sec. 6913.060. ASSUMPTION OF DEBT; TAXES. (a) After
295	295	territory is annexed to the district, the board may order an
296	296	election in the district as enlarged to determine whether the
297	297	district as enlarged shall assume any tax-supported bonds then
298	298	outstanding and those previously voted but not yet sold and impose
299	299	an ad valorem tax on all taxable property in the district as
300	300	enlarged to pay the bonds, unless the proposition is voted along
301	301	with the annexation election and becomes binding on the territory
302	302	annexed.
303	303	(b) An election ordered under Subsection (a) shall be held
304	304	in the same manner as an election under this chapter for the
305	305	issuance of bonds. (Acts 54th Leg., R.S., Ch. 141, Sec. 5(j).)
306	306	Sec. 6913.061. RESTRICTION ON ANNEXATION OF RAILROAD
307	307	RIGHT-OF-WAY OR UTILITY PROPERTY. A railroad right-of-way or a
308	308	transmission line or another item of property of an electric or gas
309	309	utility that is not located inside the limits of a municipality will
310	310	not benefit from improvements, works, or facilities the district is
311	311	authorized to construct. Therefore, a railroad right-of-way or a
312	312	transmission line or another item of property of an electric or gas
313	313	utility may not be annexed to the district unless the right-of-way
314	314	or property is located inside the limits of a municipality annexed
315	315	to the district. (Acts 54th Leg., R.S., Ch. 141, Sec. 5(e) (part).)
316	316	SUBCHAPTER C. BOARD OF DIRECTORS
317	317	Sec. 6913.101. DIRECTORS. The district is governed by a
318	318	board of five elected directors. (Acts 54th Leg., R.S., Ch. 141,
319	319	Secs. 3(a) (part), (c) (part).)
320	320	Sec. 6913.102. QUALIFICATIONS FOR OFFICE. (a) A person may
321	321	not be appointed a director unless the person resides in and owns
322	322	taxable property in the district.
323	323	(b) A member of a municipality's governing body or an
324	324	employee of a municipality may not be a director. (Acts 54th Leg.,
325	325	R.S., Ch. 141, Sec. 3(a) (part).)
326	326	Sec. 6913.103. NOTICE OF DIRECTORS' ELECTION. Notice of a
327	327	directors' election shall be published once in a newspaper
328	328	published in Haskell County not later than the 10th day before the
329	329	date of the election. (Acts 54th Leg., R.S., Ch. 141, Secs. 3(b)
330	330	(part), (c) (part).)
331	331	Sec. 6913.104. OFFICERS. (a) The board shall elect from
332	332	the board's membership a president, a vice president, and any other
333	333	officers that the board determines are necessary.
334	334	(b) The board shall appoint a secretary and a treasurer, who
335	335	are not required to be directors. The board may combine the offices
336	336	of secretary and treasurer. (Acts 54th Leg., R.S., Ch. 141, Sec. 4
337	337	(part).)
338	338	Sec. 6913.105. VOTE BY BOARD PRESIDENT. The president has
339	339	the same right to vote as any other director. (Acts 54th Leg.,
340	340	R.S., Ch. 141, Sec. 4 (part).)
341	341	Sec. 6913.106. ABSENCE OR INACTION OF BOARD PRESIDENT.
342	342	When the board president is absent or fails or declines to act, the
343	343	board vice president shall perform all duties and exercise all
344	344	powers this chapter gives the president. (Acts 54th Leg., R.S.,
345	345	Ch. 141, Sec. 4 (part).)
346	346	Sec. 6913.107. DIRECTOR AND TREASURER BONDS. (a) Each
347	347	director shall give bond in the amount of $5,000 conditioned on the
348	348	faithful performance of the director's duties.
349	349	(b) The treasurer shall give bond in the amount required by
350	350	the board. The treasurer's bond shall be conditioned on the
351	351	treasurer's faithful accounting for all money that comes into the
352	352	treasurer's custody as treasurer of the district. (Acts 54th Leg.,
353	353	R.S., Ch. 141, Secs. 3(a) (part), 4 (part).)
354	354	Sec. 6913.108. COMPENSATION OF DIRECTORS. (a) Each
355	355	director:
356	356	(1) shall receive a fee not to exceed $5 for attending
357	357	each board meeting; and
358	358	(2) is also entitled to receive $5 for each day devoted
359	359	to the business of the district if the service is expressly approved
360	360	by the board.
361	361	(b) In all areas of conflict with Subsection (a) of this
362	362	section, Section 49.060, Water Code, takes precedence.
363	363	(c) A director's compensation may be increased as
364	364	authorized by Section 49.060, Water Code, by resolution adopted by
365	365	the board in accordance with Subsection (e) of that section on or
366	366	after September 1, 1995. (Acts 54th Leg., R.S., Ch. 141, Sec. 3(e)
367	367	(part); New.)
368	368	SUBCHAPTER D. POWERS AND DUTIES
369	369	Sec. 6913.151. ACQUISITION OF WATER OR WATER RIGHTS. (a)
370	370	The district may acquire a groundwater or surface water supply.
371	371	(b) The district may acquire water appropriation permits
372	372	directly from the Texas Commission on Environmental Quality or from
373	373	permit owners.
374	374	(c) The district may purchase water or a water supply from
375	375	any person. (Acts 54th Leg., R.S., Ch. 141, Secs. 6 (part); 16.)
376	376	Sec. 6913.152. CONSTRUCTION OR ACQUISITION OF PROPERTY.
377	377	The district may construct or otherwise acquire all works, plants,
378	378	and other facilities necessary or useful for the purpose of
379	379	processing groundwater or surface water and transporting the water
380	380	to any person for municipal, domestic, and industrial purposes.
381	381	(Acts 54th Leg., R.S., Ch. 141, Sec. 6 (part).)
382	382	Sec. 6913.153. EMINENT DOMAIN. (a) To carry out a power
383	383	provided by this chapter, the district may exercise the power of
384	384	eminent domain to acquire land and easements inside or outside the
385	385	district in Haskell County.
386	386	(b) The district must exercise the power of eminent domain
387	387	in the manner provided by Chapter 21, Property Code.
388	388	(c) The board shall determine the amount and the type of
389	389	interest in land and easements to be acquired under this section.
390	390	(d) The district's authority under this section to exercise
391	391	the power of eminent domain expired on September 1, 2013, unless the
392	392	district submitted a letter to the comptroller in accordance with
393	393	Section 2206.101(b), Government Code, not later than December 31,
394	394	2012. (Acts 54th Leg., R.S., Ch. 141, Sec. 7 (part); New.)
395	395	Sec. 6913.154. COST OF RELOCATING OR ALTERING PROPERTY. If
396	396	the district's exercise of the power of eminent domain, the power of
397	397	relocation, or any other power granted by this chapter makes
398	398	necessary relocating, raising, rerouting, changing the grade of, or
399	399	altering the construction of a highway, railroad, electric
400	400	transmission line, telephone or telegraph property or facility, or
401	401	pipeline, the necessary action shall be accomplished at the sole
402	402	expense of the district. (Acts 54th Leg., R.S., Ch. 141, Sec. 7
403	403	(part).)
404	404	Sec. 6913.155. CONSTRUCTION AND PURCHASING CONTRACTS. A
405	405	construction contract or contract for the purchase of materials,
406	406	equipment, or supplies is governed by Chapter 49 or 51, Water Code.
407	407	(Acts 54th Leg., R.S., Ch. 141, Sec. 8.)
408	408	Sec. 6913.156. CONTRACTS RELATED TO WATER SUPPLY AND
409	409	FACILITIES. (a) The district may contract with any person to
410	410	supply water to the person.
411	411	(b) The district may contract with a municipality for the
412	412	rental or leasing of or for the operation of the municipality's
413	413	water production, supply, or distribution facilities.
414	414	(c) The contract may provide that the contract continues in
415	415	effect until bonds specified in the contract and refunding bonds
416	416	issued in lieu of the bonds are paid. (Acts 54th Leg., R.S., Ch.
417	417	141, Sec. 14.)
418	418	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
419	419	Sec. 6913.201. DEPOSITORY. (a) Except as provided by
420	420	Subsection (i), the board shall designate one or more banks in
421	421	Haskell County to serve as depository for the district's money.
422	422	(b) District money shall be deposited with a designated
423	423	depository bank or banks, except that:
424	424	(1) money pledged to pay bonds may be deposited with
425	425	the trustee bank named in the trust agreement; and
426	426	(2) money shall be remitted to the bank of payment for
427	427	the payment of principal of and interest on bonds.
428	428	(c) To the extent that money in a depository bank or a
429	429	trustee bank is not insured by the Federal Deposit Insurance
430	430	Corporation, the money must be secured in the manner provided by law
431	431	for the security of county funds.
432	432	(d) The board shall prescribe the terms of service for
433	433	depositories.
434	434	(e) Before designating a depository bank, the board shall
435	435	issue a notice to each bank in Haskell County that:
436	436	(1) states the time and place at which the board will
437	437	meet to designate a depository bank or banks; and
438	438	(2) invites the banks to submit an application to be
439	439	designated as a depository.
440	440	(f) The notice described by Subsection (e) must be mailed or
441	441	delivered not later than the 10th day before the date fixed for the
442	442	submission of applications.
443	443	(g) At the time stated in the notice, the board shall:
444	444	(1) consider the application and the management and
445	445	condition of each bank that applies; and
446	446	(2) designate as a depository the bank or banks that:
447	447	(A) offer the most favorable terms for handling
448	448	the money; and
449	449	(B) the board finds have proper management and
450	450	are in condition to handle the money.
451	451	(h) Membership on the board of an officer or director of a
452	452	bank does not disqualify the bank from being designated as a
453	453	depository.
454	454	(i) If the board does not receive any applications before
455	455	the time stated in the notice, or if the board rejects all
456	456	applications, the board shall designate one or more banks located
457	457	inside or outside the county on terms that the board finds
458	458	advantageous to the district. (Acts 54th Leg., R.S., Ch. 141, Sec.
459	459	15.)
460	460	Sec. 6913.202. PROJECTS EXEMPT FROM ASSESSMENT OR TAXATION.
461	461	The district is not required to pay a tax or assessment on a project
462	462	or any part of a project. (Acts 54th Leg., R.S., Ch. 141, Sec. 19
463	463	(part).)
464	464	Sec. 6913.203. TAX ASSESSOR AND COLLECTOR. Before the sale
465	465	and delivery of district bonds payable wholly or partly from ad
466	466	valorem taxes, the board shall appoint a tax assessor and
467	467	collector. (Acts 54th Leg., R.S., Ch. 141, Sec. 20(b) (part).)
468	468	SUBCHAPTER F. BONDS
469	469	Sec. 6913.251. AUTHORITY TO ISSUE BONDS. (a) The district
470	470	may issue bonds to carry out any power conferred by this chapter,
471	471	including the power to provide a source of water supply for any
472	472	person for municipal, domestic, or industrial purposes.
473	473	(b) The bonds must be authorized by a board resolution.
474	474	(Acts 54th Leg., R.S., Ch. 141, Secs. 9(a) (part), (b) (part), (e)
475	475	(part).)
476	476	Sec. 6913.252. FORM OF BONDS. District bonds must be:
477	477	(1) issued in the district's name;
478	478	(2) signed by the president or vice president; and
479	479	(3) attested by the secretary. (Acts 54th Leg., R.S.,
480	480	Ch. 141, Sec. 9(b) (part).)
481	481	Sec. 6913.253. MATURITY. District bonds must mature not
482	482	later than 40 years after the date of their issuance. (Acts 54th
483	483	Leg., R.S., Ch. 141, Sec. 9(b) (part).)
484	484	Sec. 6913.254. BONDS PAYABLE FROM REVENUE. (a) In this
485	485	section, "net revenue" means the district's gross revenue, other
486	486	than taxation, minus the amount necessary to pay the cost of
487	487	maintaining and operating the district and its property.
488	488	(b) District bonds may be secured as described by a board
489	489	resolution by a pledge of:
490	490	(1) all or part of the district's net revenue;
491	491	(2) the net revenue of a contract made at any time; or
492	492	(3) other revenue specified by board resolution.
493	493	(c) The pledge may reserve the right to issue additional
494	494	bonds on a parity with or subordinate to the bonds being issued,
495	495	subject to conditions specified by the pledge.
496	496	(d) District bonds not payable wholly or partly from ad
497	497	valorem taxes may be issued without an election. (Acts 54th Leg.,
498	498	R.S., Ch. 141, Secs. 9(a) (part), (d), 12(a) (part).)
499	499	Sec. 6913.255. BONDS PAYABLE FROM AD VALOREM TAXES. The
500	500	district may issue bonds:
501	501	(1) payable from ad valorem taxes imposed on taxable
502	502	property in the district; or
503	503	(2) secured by and payable from:
504	504	(A) taxes described by Subdivision (1); and
505	505	(B) revenue of the district. (Acts 54th Leg.,
506	506	R.S., Ch. 141, Sec. 9(e) (part).)
507	507	Sec. 6913.256. ELECTION FOR BONDS PAYABLE FROM AD VALOREM
508	508	TAXES. (a) District bonds, other than refunding bonds, payable
509	509	wholly or partly from ad valorem taxes may not be issued unless
510	510	authorized by a district election at which a majority of the votes
511	511	cast favor the bond issuance.
512	512	(b) The board may order an election under this section
513	513	without a petition. The order must specify:
514	514	(1) the time and places at which the election will be
515	515	held;
516	516	(2) the purpose for which the bonds will be issued;
517	517	(3) the maximum amount of the bonds;
518	518	(4) the maximum maturity of the bonds;
519	519	(5) the form of the ballot; and
520	520	(6) the presiding judge for each voting place.
521	521	(c) Notice of the election must be given by publishing a
522	522	substantial copy of the order calling the election in a newspaper
523	523	published in Haskell County that is circulated in the district for
524	524	two consecutive weeks. The first publication must be not later than
525	525	the 15th day before the date of the election. (Acts 54th Leg.,
526	526	R.S., Ch. 141, Secs. 12(a) (part), (b).)
527	527	Sec. 6913.257. TAX AND COMPENSATION RATES. (a) If the
528	528	district issues bonds payable wholly or partly from ad valorem
529	529	taxes, the district shall impose a tax sufficient to pay the bonds
530	530	and the interest on the bonds as the bonds and interest become due.
531	531	The board may adopt the rate of the tax for any year after
532	532	considering the money received from pledged revenue available for
533	533	payment of principal and interest to the extent and in the manner
534	534	permitted by the resolution authorizing the issuance of the bonds.
535	535	(b) If the district issues bonds payable wholly or partly
536	536	from revenue, the board shall set and revise the rates of
537	537	compensation for water sold and services rendered by the district.
538	538	(c) For bonds payable wholly from revenue, the rates of
539	539	compensation must be sufficient to:
540	540	(1) pay the expense of operating and maintaining the
541	541	facilities of the district;
542	542	(2) pay the bonds as they mature and the interest as it
543	543	accrues; and
544	544	(3) maintain the reserve and other funds as provided
545	545	by the resolution authorizing the issuance of the bonds.
546	546	(d) For bonds payable partly from revenue, the rates of
547	547	compensation must be sufficient to assure compliance with the
548	548	resolution authorizing the issuance of the bonds. (Acts 54th Leg.,
549	549	R.S., Ch. 141, Secs. 9(e) (part), (f).)
550	550	Sec. 6913.258. ADDITIONAL SECURITY. (a) District bonds,
551	551	including refunding bonds, that are not payable wholly from ad
552	552	valorem taxes may be additionally secured by a deed of trust lien on
553	553	physical property of the district and all franchises, easements,
554	554	water rights and appropriation permits, leases, contracts, and all
555	555	rights appurtenant to the property, vesting in the trustee power
556	556	to:
557	557	(1) sell the property for payment of the debt;
558	558	(2) operate the property; and
559	559	(3) take other action to further secure the bonds.
560	560	(b) The deed of trust may:
561	561	(1) contain any provision the board prescribes to
562	562	secure the bonds and preserve the trust estate;
563	563	(2) provide for amendment or modification of the deed
564	564	of trust; and
565	565	(3) provide for the issuance of bonds to replace lost
566	566	or mutilated bonds.
567	567	(c) A purchaser under a sale under the deed of trust is:
568	568	(1) the owner of the dam or dams and the other property
569	569	and facilities purchased; and
570	570	(2) entitled to maintain and operate the property and
571	571	facilities. (Acts 54th Leg., R.S., Ch. 141, Sec. 11.)
572	572	Sec. 6913.259. USE OF BOND PROCEEDS. (a) The district may
573	573	set aside an amount of proceeds from the sale of district bonds for
574	574	the payment of interest expected to accrue during construction and
575	575	for one year after construction in a reserve interest and sinking
576	576	fund. The resolution authorizing the bonds may provide for setting
577	577	aside and using the proceeds as provided by this subsection.
578	578	(b) The district may use proceeds from the sale of the bonds
579	579	to pay any expense necessarily incurred in accomplishing the
580	580	purposes of the district. (Acts 54th Leg., R.S., Ch. 141, Sec.
581	581	9(g).)
582	582	Sec. 6913.260. APPOINTMENT OF RECEIVER. (a) On default or
583	583	threatened default in the payment of principal of or interest on
584	584	district bonds that are payable wholly or partly from revenue, a
585	585	court may appoint a receiver for the district on petition of the
586	586	holders of 25 percent of the outstanding bonds of the issue in
587	587	default or threatened with default.
588	588	(b) The receiver may collect and receive all district income
589	589	except taxes, employ and discharge district agents and employees,
590	590	take charge of money on hand, except money received from taxes
591	591	unless commingled, and manage the district's proprietary affairs
592	592	without the consent of or hindrance by the board.
593	593	(c) The receiver may be authorized to sell or contract for
594	594	the sale of water or to renew those contracts with the approval of
595	595	the court that appointed the receiver.
596	596	(d) The court may vest the receiver with any other power or
597	597	duty the court finds necessary to protect the bondholders. (Acts
598	598	54th Leg., R.S., Ch. 141, Sec. 9(h).)
599	599	Sec. 6913.261. REFUNDING BONDS. (a) The district may issue
600	600	refunding bonds to refund outstanding district bonds and interest
601	601	on those bonds.
602	602	(b) Refunding bonds may:
603	603	(1) be issued to refund bonds of more than one series;
604	604	(2) combine the pledges for the outstanding bonds for
605	605	the security of the refunding bonds; or
606	606	(3) be secured by a pledge of other or additional
607	607	revenue.
608	608	(c) The provisions of this subchapter regarding the
609	609	issuance of other bonds and the remedies of the holders apply to
610	610	refunding bonds.
611	611	(d) The comptroller shall register the refunding bonds on
612	612	surrender and cancellation of the bonds to be refunded.
613	613	(e) Instead of issuing bonds to be registered on the
614	614	surrender and cancellation of the bonds to be refunded, the
615	615	district, in the resolution authorizing the issuance of the
616	616	refunding bonds, may provide for the sale of the refunding bonds and
617	617	the deposit of the proceeds in a bank at which the bonds to be
618	618	refunded are payable. In that case, the refunding bonds may be
619	619	issued in an amount sufficient to pay the interest on the bonds to
620	620	be refunded to their option date or maturity date, and the
621	621	comptroller shall register the refunding bonds without the
622	622	surrender and cancellation of the bonds to be refunded. (Acts 54th
623	623	Leg., R.S., Ch. 141, Sec. 10.)
624	624	Sec. 6913.262. BONDS EXEMPT FROM TAXATION. District bonds,
625	625	the transfer of district bonds, and income from district bonds,
626	626	including profits made on the sale of district bonds, are exempt
627	627	from taxation in this state. (Acts 54th Leg., R.S., Ch. 141, Sec.
628	628	19 (part).)
629	629	SECTION 1.03. Subtitle E, Title 6, Special District Local
630	630	Laws Code, is amended by adding Chapter 7811 to read as follows:
631	631	CHAPTER 7811. DALLAS COUNTY FLOOD CONTROL DISTRICT NO. 1
632	632	SUBCHAPTER A. GENERAL PROVISIONS
633	633	Sec. 7811.001. DEFINITIONS
634	634	Sec. 7811.002. NATURE OF DISTRICT
635	635	Sec. 7811.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
636	636	Sec. 7811.004. DISTRICT TERRITORY
637	637	Sec. 7811.005. ANNEXATION OF LAND
638	638	SUBCHAPTER B. BOARD OF DIRECTORS
639	639	Sec. 7811.051. COMPOSITION OF BOARD; TERMS
640	640	Sec. 7811.052. ELIGIBILITY FOR OFFICE
641	641	Sec. 7811.053. DIRECTOR'S BOND
642	642	Sec. 7811.054. BOARD VACANCY
643	643	Sec. 7811.055. BOARD PRESIDENT; ABSENCE OF BOARD
644	644	PRESIDENT
645	645	Sec. 7811.056. SECRETARY'S DUTIES
646	646	Sec. 7811.057. TREASURER
647	647	Sec. 7811.058. COMPENSATION OF DIRECTORS
648	648	Sec. 7811.059. VOTE REQUIRED FOR OFFICIAL BOARD ACTION
649	649	Sec. 7811.060. DESIGNATION OF DIRECTOR TO ACT ON
650	650	DISTRICT'S BEHALF
651	651	Sec. 7811.061. DISTRICT OFFICE
652	652	Sec. 7811.062. RECORDS
653	653	SUBCHAPTER C. POWERS AND DUTIES
654	654	Sec. 7811.101. GENERAL POWERS AND DUTIES
655	655	Sec. 7811.102. EMINENT DOMAIN
656	656	Sec. 7811.103. COST OF RELOCATING OR ALTERING PROPERTY
657	657	Sec. 7811.104. CONTRACTS FOR FACILITIES AND
658	658	IMPROVEMENTS; ELECTION NOT REQUIRED
659	659	Sec. 7811.105. PROHIBITED FUNCTIONS
660	660	Sec. 7811.106. STANDARDS FOR ROAD, STREET, OR UTILITY
661	661	CONSTRUCTION
662	662	Sec. 7811.107. APPROVAL OF RECLAMATION PLAN,
663	663	AMENDMENT, OR PROJECT
664	664	SUBCHAPTER D. TAX ABATEMENT IN REINVESTMENT ZONE
665	665	Sec. 7811.151. DESIGNATION OF REINVESTMENT ZONE
666	666	Sec. 7811.152. CRITERIA FOR REINVESTMENT ZONE
667	667	Sec. 7811.153. EXPIRATION OF REINVESTMENT ZONE
668	668	Sec. 7811.154. TAX ABATEMENT AGREEMENT
669	669	Sec. 7811.155. TAX ABATEMENT AGREEMENT: CERTIFICATED
670	670	AIR CARRIER
671	671	Sec. 7811.156. TAX ABATEMENT AGREEMENT REQUIREMENTS
672	672	Sec. 7811.157. NOTICE OF TAX ABATEMENT AGREEMENT TO
673	673	OTHER TAXING UNITS
674	674	Sec. 7811.158. MODIFICATION OR TERMINATION OF TAX
675	675	ABATEMENT AGREEMENT
676	676	Sec. 7811.159. REGISTRY OF REINVESTMENT ZONES AND TAX
677	677	ABATEMENT AGREEMENTS; ASSISTANCE TO
678	678	DISTRICT
679	679	Sec. 7811.160. PROPERTIES THAT MAY BE INCLUDED IN TAX
680	680	ABATEMENT AGREEMENT
681	681	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
682	682	Sec. 7811.201. DEPOSITORY
683	683	Sec. 7811.202. AUTHORITY TO ISSUE BONDS AND INCUR
684	684	INDEBTEDNESS
685	685	Sec. 7811.203. CONSTITUENT MUNICIPALITIES NOT
686	686	OBLIGATED TO PAY DISTRICT OBLIGATIONS
687	687	Sec. 7811.204. BOND ANTICIPATION NOTES
688	688	Sec. 7811.205. PREVIOUSLY AUTHORIZED MAINTENANCE TAXES
689	689	CHAPTER 7811. DALLAS COUNTY FLOOD CONTROL DISTRICT NO. 1
690	690	SUBCHAPTER A. GENERAL PROVISIONS
691	691	Sec. 7811.001. DEFINITIONS. In this chapter:
692	692	(1) "Board" means the district's board of directors.
693	693	(2) "Constituent municipality" means the City of Grand
694	694	Prairie or the City of Irving.
695	695	(3) "Director" means a member of the board.
696	696	(4) "District" means the Dallas County Flood Control
697	697	District No. 1. (Acts 68th Leg., R.S., Ch. 1081, Secs. 1(b) (part),
698	698	(c), 2(a) (part); New.)
699	699	Sec. 7811.002. NATURE OF DISTRICT. The district is a
700	700	conservation and reclamation district established under Section
701	701	59, Article XVI, Texas Constitution. (Acts 68th Leg., R.S., Ch.
702	702	1081, Secs. 1(a), (b) (part).)
703	703	Sec. 7811.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
704	704	The district is created to serve a public use and benefit.
705	705	(b) The land and other property included in the district
706	706	will benefit from the works and projects accomplished by the
707	707	district and by the powers conferred by Section 59, Article XVI,
708	708	Texas Constitution.
709	709	(c) The creation and operation of the district is essential
710	710	to accomplish the purpose of Section 59, Article XVI, Texas
711	711	Constitution. (Acts 68th Leg., R.S., Ch. 1081, Secs. 8, 14.)
712	712	Sec. 7811.004. DISTRICT TERRITORY. (a) The district is
713	713	composed of the territory located within the redefined boundaries
714	714	of the district as filed in the deed records of Dallas County,
715	715	Texas, on August 29, 1983, as amended by Sections 2(b) and (d),
716	716	Chapter 1081, Acts of the 68th Legislature, Regular Session, 1983,
717	717	as that territory may have been modified under:
718	718	(1) Section 7811.005 of this chapter or its
719	719	predecessor statute, former Section 13, Chapter 1081, Acts of the
720	720	68th Legislature, Regular Session, 1983;
721	721	(2) Subchapter J, Chapter 49, Water Code; or
722	722	(3) other law.
723	723	(b) The boundaries and field notes of the district form a
724	724	closure. A mistake in the field notes or in copying the field notes
725	725	in the legislative process does not affect:
726	726	(1) the district's organization, existence, or
727	727	validity;
728	728	(2) the district's right to issue any type of bond for
729	729	a purpose for which the district is created or to pay the principal
730	730	of and interest on the bond;
731	731	(3) the district's right to impose a tax; or
732	732	(4) the legal operation of the district or its
733	733	governing body. (Acts 68th Leg., R.S., Ch. 1081, Secs. 2(a) (part),
734	734	(b), (c), (d); New.)
735	735	Sec. 7811.005. ANNEXATION OF LAND. Before the annexation
736	736	of land within the corporate limits of a constituent municipality,
737	737	the district must obtain the approval of the municipality. (Acts
738	738	68th Leg., R.S., Ch. 1081, Sec. 13 (part).)
739	739	SUBCHAPTER B. BOARD OF DIRECTORS
740	740	Sec. 7811.051. COMPOSITION OF BOARD; TERMS. (a) The
741	741	district is governed by a board consisting of five appointed
742	742	directors. The City of Irving appoints three directors and the City
743	743	of Grand Prairie appoints two directors.
744	744	(b) Directors serve two-year terms. (Acts 68th Leg., R.S.,
745	745	Ch. 1081, Sec. 3(a).)
746	746	Sec. 7811.052. ELIGIBILITY FOR OFFICE. A director must own
747	747	land in the district subject to taxation at the time the director
748	748	qualifies for office. (Acts 68th Leg., R.S., Ch. 1081, Sec. 3(c)
749	749	(part).)
750	750	Sec. 7811.053. DIRECTOR'S BOND. (a) A director shall
751	751	execute a bond in the amount of $5,000 for the faithful performance
752	752	of the director's duties.
753	753	(b) The bond must be filed in the office of the county clerk
754	754	of Dallas County. (Acts 68th Leg., R.S., Ch. 1081, Sec. 3(c)
755	755	(part).)
756	756	Sec. 7811.054. BOARD VACANCY. (a) If a director dies,
757	757	resigns, or ceases to possess the qualifications required for
758	758	office, the board shall declare the person's office vacant.
759	759	(b) The constituent municipality that appointed the
760	760	director whose position is vacant shall appoint a successor to fill
761	761	the unexpired term. (Acts 68th Leg., R.S., Ch. 1081, Sec. 3(b).)
762	762	Sec. 7811.055. BOARD PRESIDENT; ABSENCE OF BOARD PRESIDENT.
763	763	(a) The board may authorize the board's president to sign all orders
764	764	or take other action.
765	765	(b) Any order adopted or action taken at a board meeting at
766	766	which the board's president is absent may be signed by the board's
767	767	vice president, or the board may authorize the president to sign the
768	768	order or action at a later time. (Acts 68th Leg., R.S., Ch. 1081,
769	769	Secs. 3(f) (part), (g).)
770	770	Sec. 7811.056. SECRETARY'S DUTIES. The board secretary
771	771	shall keep accurate minutes and shall certify any action taken by
772	772	the board. (Acts 68th Leg., R.S., Ch. 1081, Sec. 3(h).)
773	773	Sec. 7811.057. TREASURER. (a) The board may appoint a
774	774	district treasurer.
775	775	(b) The district treasurer shall execute a bond in an amount
776	776	determined by the board payable to the district and conditioned on
777	777	the faithful performance of the treasurer's duties. (Acts 68th
778	778	Leg., R.S., Ch. 1081, Sec. 11(d).)
779	779	Sec. 7811.058. COMPENSATION OF DIRECTORS. (a) A director
780	780	is entitled to receive $25 for each day spent performing district
781	781	work, not to exceed $200 per month.
782	782	(b) In all areas of conflict with Subsection (a) of this
783	783	section, Section 49.060, Water Code, takes precedence.
784	784	(c) A director's compensation may be increased as
785	785	authorized by Section 49.060, Water Code, by resolution adopted by
786	786	the board in accordance with Subsection (e) of that section on or
787	787	after September 1, 1995. (Acts 68th Leg., R.S., Ch. 1081, Sec. 3(i)
788	788	(part); New.)
789	789	Sec. 7811.059. VOTE REQUIRED FOR OFFICIAL BOARD ACTION. An
790	790	official action of the board is not valid without the affirmative
791	791	vote of a majority of the directors. (Acts 68th Leg., R.S., Ch.
792	792	1081, Sec. 3(d) (part).)
793	793	Sec. 7811.060. DESIGNATION OF DIRECTOR TO ACT ON DISTRICT'S
794	794	BEHALF. The board may designate one or more directors to execute on
795	795	behalf of the district all contracts, including a construction
796	796	contract, sign checks, or handle any other matter entered into by
797	797	the board as shown in the district's official minutes. (Acts 68th
798	798	Leg., R.S., Ch. 1081, Sec. 3(e).)
799	799	Sec. 7811.061. DISTRICT OFFICE. (a) The board shall
800	800	establish and maintain a district office inside the district.
801	801	(b) The board may establish a second district office outside
802	802	the district.
803	803	(c) A district office may be a private residence or office
804	804	and that residence or office is a public place for matters relating
805	805	to the district's business. (Acts 68th Leg., R.S., Ch. 1081, Sec.
806	806	12.)
807	807	Sec. 7811.062. RECORDS. The board shall keep the
808	808	district's records open to public inspection at reasonable times at
809	809	the district's principal office. (Acts 68th Leg., R.S., Ch. 1081,
810	810	Sec. 3(k).)
811	811	SUBCHAPTER C. POWERS AND DUTIES
812	812	Sec. 7811.101. GENERAL POWERS AND DUTIES. (a) The district
813	813	may exercise the rights, powers, privileges, and functions provided
814	814	by Section 59, Article XVI, Texas Constitution, Chapters 49 and 57,
815	815	Water Code, and this chapter.
816	816	(b) The district may construct and maintain levees and other
817	817	improvements on, along, and contiguous to rivers, creeks, streams,
818	818	and drainage courses for the purposes of:
819	819	(1) reclaiming land from overflow from that water;
820	820	(2) controlling and distributing the water of rivers
821	821	and streams by straightening and improving the rivers and streams;
822	822	(3) draining and improving the land; and
823	823	(4) preventing the pollution of the water. (Acts 68th
824	824	Leg., R.S., Ch. 1081, Secs. 1(d) (part), (e); New.)
825	825	Sec. 7811.102. EMINENT DOMAIN. (a) The district may
826	826	exercise the power of eminent domain in Dallas County to acquire the
827	827	fee simple title to or an easement or right-of-way to, over, or
828	828	through any land, water, or land under water inside or outside the
829	829	district that has a direct effect on the accomplishment of the
830	830	purposes for which the district is created and is necessary for
831	831	constructing and maintaining all levees and other improvements for
832	832	the improvement of rivers, creeks, streams, or drainage courses in
833	833	the district or bordering the district and to prevent overflows.
834	834	(b) The district may not exercise the power of eminent
835	835	domain under Subsection (a) to acquire land or other property that
836	836	is used for cemetery purposes.
837	837	(c) The district must exercise the power of eminent domain
838	838	in the manner provided by Chapter 21, Property Code.
839	839	(d) The district may not exercise the power of eminent
840	840	domain within the corporate limits of a constituent municipality
841	841	without the prior approval by resolution of the governing body of
842	842	the municipality.
843	843	(e) The district's authority under this section to exercise
844	844	the power of eminent domain expired on September 1, 2013, unless the
845	845	district submitted a letter to the comptroller in accordance with
846	846	Section 2206.101(b), Government Code, not later than December 31,
847	847	2012. (Acts 68th Leg., R.S., Ch. 1081, Secs. 9(a), (b) (part), (d);
848	848	New.)
849	849	Sec. 7811.103. COST OF RELOCATING OR ALTERING PROPERTY.
850	850	(a) In this section, "sole expense" means the actual cost of
851	851	relocating, raising, lowering, rerouting, changing the grade of, or
852	852	altering the construction of a facility described by Subsection (b)
853	853	to provide comparable replacement without enhancement of the
854	854	facility, after deducting the net salvage value of the old
855	855	facility.
856	856	(b) If the district's exercise of its power of eminent
857	857	domain makes necessary relocating, raising, lowering, rerouting,
858	858	changing the grade of, or altering the construction of a highway,
859	859	railroad, electric transmission or distribution line, telephone or
860	860	telegraph property or facility, or pipeline, the necessary action
861	861	shall be accomplished at the sole expense of the district unless the
862	862	owner of the relocated or altered facility has a legal obligation to
863	863	pay those expenses. (Acts 68th Leg., R.S., Ch. 1081, Sec. 9(c).)
864	864	Sec. 7811.104. CONTRACTS FOR FACILITIES AND IMPROVEMENTS;
865	865	ELECTION NOT REQUIRED. (a) The district may enter into a contract
866	866	with a person for the maintenance or construction of any facility or
867	867	improvement authorized by this chapter.
868	868	(b) The district may enter into a contract under Subsection
869	869	(a) without:
870	870	(1) voting for the issuance of bonds; or
871	871	(2) holding an election to approve the contract. (Acts
872	872	68th Leg., R.S., Ch. 1081, Sec. 10.)
873	873	Sec. 7811.105. PROHIBITED FUNCTIONS. The district may not:
874	874	(1) engage in any park, water service, wastewater
875	875	service, police, or firefighting function; or
876	876	(2) spend any district money or issue bonds for any
877	877	function described by Subdivision (1). (Acts 68th Leg., R.S., Ch.
878	878	1081, Sec. 7.)
879	879	Sec. 7811.106. STANDARDS FOR ROAD, STREET, OR UTILITY
880	880	CONSTRUCTION. Any road, street, or utility construction by the
881	881	district begun on or after August 31, 1987, within the corporate
882	882	limits of a constituent municipality must comply with the standards
883	883	for construction adopted by the municipality. (Acts 68th Leg.,
884	884	R.S., Ch. 1081, Sec. 15.)
885	885	Sec. 7811.107. APPROVAL OF RECLAMATION PLAN, AMENDMENT, OR
886	886	PROJECT. In addition to any other requirements in this chapter, a
887	887	reclamation plan adopted by the district, an amendment to a
888	888	reclamation plan, or a project of the district that is not included
889	889	in a reclamation plan must be approved by both constituent
890	890	municipalities before the plan, amendment, or project takes effect.
891	891	(Acts 68th Leg., R.S., Ch. 1081, Sec. 1(g).)
892	892	SUBCHAPTER D. TAX ABATEMENT IN REINVESTMENT ZONE
893	893	Sec. 7811.151. DESIGNATION OF REINVESTMENT ZONE. (a) The
894	894	district by resolution may designate as a reinvestment zone an area
895	895	or real or personal property in the taxing jurisdiction of the
896	896	district that the board finds satisfies the requirements of Section
897	897	7811.152. The board must find that the proposed
898	898	commercial-industrial or residential project or projects meet the
899	899	criteria prescribed by Section 7811.152.
900	900	(b) The resolution must describe the boundaries of the zone
901	901	and the eligibility of the zone for commercial-industrial or
902	902	residential tax abatement.
903	903	(c) The area of a reinvestment zone designated for
904	904	commercial-industrial or residential tax abatement may be included
905	905	in an overlapping or coincidental commercial-industrial or
906	906	residential zone established under Chapter 312, Tax Code.
907	907	(d) The district may not adopt a resolution designating an
908	908	area as a reinvestment zone until the district has held a public
909	909	hearing on the designation and has found that the improvements
910	910	sought are feasible and practical and would be a benefit to the land
911	911	to be included in the zone and to the district after the expiration
912	912	of an agreement entered into under Section 7811.154 or 7811.155. At
913	913	the hearing, interested persons are entitled to speak and present
914	914	evidence for or against the designation. Not later than the seventh
915	915	day before the date of the hearing, notice of the hearing must be:
916	916	(1) published in a newspaper having general
917	917	circulation in the district; and
918	918	(2) delivered in writing to the presiding officer of
919	919	the governing body of each taxing unit that includes in its
920	920	boundaries real property that is to be included in the proposed
921	921	reinvestment zone.
922	922	(e) A notice made under Subsection (d)(2) is presumed
923	923	delivered when placed in the mail postage paid and properly
924	924	addressed to the appropriate presiding officer. A notice properly
925	925	addressed and sent by registered or certified mail for which a
926	926	return receipt is received by the sender is considered to have been
927	927	delivered to the addressee. (Acts 68th Leg., R.S., Ch. 1081, Secs.
928	928	16A (part), 16C.)
929	929	Sec. 7811.152. CRITERIA FOR REINVESTMENT ZONE. To be
930	930	designated as a reinvestment zone under this subchapter, an area
931	931	must be reasonably likely as a result of the designation to
932	932	contribute to the retention or expansion of primary employment or
933	933	to attract major investment in the zone that would be a benefit to
934	934	the property and that would contribute to the economic development
935	935	of the district. (Acts 68th Leg., R.S., Ch. 1081, Sec. 16D(a).)
936	936	Sec. 7811.153. EXPIRATION OF REINVESTMENT ZONE. The
937	937	designation of a reinvestment zone for commercial-industrial or
938	938	residential tax abatement expires five years after the date of the
939	939	designation and may be renewed for periods not to exceed five years.
940	940	The expiration of the designation does not affect an existing tax
941	941	abatement agreement governed by this subchapter. (Acts 68th Leg.,
942	942	R.S., Ch. 1081, Sec. 16D(b).)
943	943	Sec. 7811.154. TAX ABATEMENT AGREEMENT. (a) The district
944	944	may enter into a tax abatement agreement by agreeing, in writing,
945	945	with the owner of taxable real property that is located in a
946	946	reinvestment zone to exempt from taxation a portion of the value of
947	947	the real property or of tangible personal property located on the
948	948	real property, or both, for a period not to exceed 30 years, on the
949	949	condition that the owner of the property make specific improvements
950	950	or repairs to the property.
951	951	(b) The real property covered by the agreement may not be
952	952	located in an improvement project financed by tax increment bonds.
953	953	(c) The agreement is subject to the rights of holders of
954	954	outstanding bonds of the district.
955	955	(d) The agreement may:
956	956	(1) provide for the exemption of the real property in
957	957	each year covered by the agreement only to the extent its value for
958	958	that year exceeds its value for the year in which the agreement is
959	959	executed;
960	960	(2) provide for the exemption of tangible personal
961	961	property located on the real property in each year covered by the
962	962	agreement other than tangible personal property that was located on
963	963	the real property at any time before the period covered by the
964	964	agreement with the district; and
965	965	(3) cover more than one commercial-industrial or
966	966	residential project. (Acts 68th Leg., R.S., Ch. 1081, Secs. 16A
967	967	(part), 16E(a).)
968	968	Sec. 7811.155. TAX ABATEMENT AGREEMENT: CERTIFICATED AIR
969	969	CARRIER. (a) The district may enter into a tax abatement
970	970	agreement by agreeing, in writing, with the owner or lessee of real
971	971	property that is located in a reinvestment zone to exempt from
972	972	taxation for a period not to exceed 30 years a portion of the value
973	973	of the real property or of personal property, or both, located in
974	974	the zone and owned or leased by a certificated air carrier on the
975	975	condition that the certificated air carrier:
976	976	(1) make specific real property improvements; or
977	977	(2) lease, for a term of 30 years or more, real
978	978	property improvements located in the reinvestment zone.
979	979	(b) The agreement may provide for the exemption of the:
980	980	(1) real property in each year covered by the
981	981	agreement to the extent its value for that year exceeds its value
982	982	for the year in which the agreement is executed; and
983	983	(2) personal property owned or leased by a
984	984	certificated air carrier located in the reinvestment zone in each
985	985	year covered by the agreement other than specific personal property
986	986	that was located in the reinvestment zone at any time before the
987	987	period covered by the agreement with the district. (Acts 68th Leg.,
988	988	R.S., Ch. 1081, Secs. 16A (part), 16E(d).)
989	989	Sec. 7811.156. TAX ABATEMENT AGREEMENT REQUIREMENTS. (a)
990	990	This section applies to an agreement made under Section 7811.154 or
991	991	7811.155.
992	992	(b) The agreement must:
993	993	(1) list the kind, number, and location of all
994	994	proposed improvements of the property; and
995	995	(2) provide for:
996	996	(A) the availability of tax abatement for both
997	997	new facilities and structures and for the expansion or
998	998	modernization of existing facilities and structures; and
999	999	(B) recapturing property tax revenue lost as a
1000	1000	result of the agreement if the owner of the property fails to make
1001	1001	the improvements or repairs as provided by the agreement.
1002	1002	(c) A tax abatement agreement is not required to contain
1003	1003	terms identical to another tax abatement agreement that covers the
1004	1004	same exempted property or a portion of that property.
1005	1005	(d) Property that is in a reinvestment zone and that is
1006	1006	owned or leased by a director is excluded from property tax
1007	1007	abatement.
1008	1008	(e) The agreement may include, at the option of the
1009	1009	district, provisions for maps showing existing uses and conditions
1010	1010	and proposed improvements and uses of real property in the
1011	1011	reinvestment zone.
1012	1012	(f) On approval by the district, the agreement may be
1013	1013	executed in the same manner as other contracts made by the district.
1014	1014	(g) The agreement applies only to taxes levied by the
1015	1015	district and does not affect other taxing units that levy taxes on
1016	1016	property in the district. (Acts 68th Leg., R.S., Ch. 1081, Secs. 16A
1017	1017	(part), 16E(b), (c), (e), (f), (g) (part), (h).)
1018	1018	Sec. 7811.157. NOTICE OF TAX ABATEMENT AGREEMENT TO OTHER
1019	1019	TAXING UNITS. (a) Not later than the seventh day before the date on
1020	1020	which the district enters into an agreement under Section 7811.154
1021	1021	or 7811.155, the board or a designated officer or employee of the
1022	1022	district shall deliver a written notice that the district intends
1023	1023	to enter into the agreement to the Texas Commission on
1024	1024	Environmental Quality and to the presiding officer of the governing
1025	1025	body of each other taxing unit in which the property to be subject
1026	1026	to the agreement is located. The notice must include a copy of the
1027	1027	proposed agreement.
1028	1028	(b) A notice is presumed delivered when placed in the mail
1029	1029	postage paid and properly addressed to the appropriate presiding
1030	1030	officer. A notice properly addressed and sent by registered or
1031	1031	certified mail for which a return receipt is received by the sender
1032	1032	is considered to have been delivered to the addressee.
1033	1033	(c) Failure to deliver the notice does not affect the
1034	1034	validity of the agreement. (Acts 68th Leg., R.S., Ch. 1081, Sec.
1035	1035	16F.)
1036	1036	Sec. 7811.158. MODIFICATION OR TERMINATION OF TAX ABATEMENT
1037	1037	AGREEMENT. (a) At any time before the expiration of an agreement
1038	1038	governed by this subchapter, the agreement may be modified by the
1039	1039	parties to the agreement to include other provisions that could
1040	1040	have been included in the original agreement or to delete
1041	1041	provisions that were not necessary to the original agreement. The
1042	1042	modification must be made by the same procedure by which the
1043	1043	original agreement was approved and executed. The original
1044	1044	agreement may not be modified to extend beyond 30 years from the
1045	1045	date of the original agreement.
1046	1046	(b) An agreement governed by this subchapter may be
1047	1047	terminated by the mutual consent of the parties in the same manner
1048	1048	that the agreement was approved and executed. (Acts 68th Leg.,
1049	1049	R.S., Ch. 1081, Sec. 16G.)
1050	1050	Sec. 7811.159. REGISTRY OF REINVESTMENT ZONES AND TAX
1051	1051	ABATEMENT AGREEMENTS; ASSISTANCE TO DISTRICT. (a) The Texas
1052	1052	Economic Development and Tourism Office shall maintain a central
1053	1053	registry of reinvestment zones governed by this subchapter and of
1054	1054	ad valorem tax abatement agreements executed under this subchapter.
1055	1055	Before April 1 of the year following the year in which the zone is
1056	1056	designated or the agreement is executed, the district shall deliver
1057	1057	to the office, the comptroller, and the Texas Commission on
1058	1058	Environmental Quality a report that provides:
1059	1059	(1) for a reinvestment zone, a general description of
1060	1060	the zone, including its size, the types of property located in it,
1061	1061	and its duration; and
1062	1062	(2) for a tax abatement agreement, the parties to the
1063	1063	agreement, a general description of the property and the
1064	1064	improvements or repairs to be made under the agreement, the portion
1065	1065	of the property to be exempted, and the duration of the agreement.
1066	1066	(b) On the request of the board or the board's president,
1067	1067	the office may provide assistance to the district relating to the
1068	1068	administration of this subchapter, including the designation of
1069	1069	reinvestment zones and the adoption of tax abatement agreements.
1070	1070	(Acts 68th Leg., R.S., Ch. 1081, Sec. 16B.)
1071	1071	Sec. 7811.160. PROPERTIES THAT MAY BE INCLUDED IN TAX
1072	1072	ABATEMENT AGREEMENT. (a) The district may include in a tax
1073	1073	abatement agreement:
1074	1074	(1) facilities and structures for which construction
1075	1075	began on or after October 1, 1990, but before June 10, 1991;
1076	1076	(2) existing facilities and structures for which
1077	1077	expansion or modernization construction began on or after October
1078	1078	1, 1990, but before June 10, 1991; and
1079	1079	(3) tangible personal property located on property
1080	1080	described by Subdivision (1) or (2) in each year covered by the
1081	1081	agreement, other than tangible personal property that was located
1082	1082	on the property at any time before the time period covered by the
1083	1083	agreement.
1084	1084	(b) A tax abatement agreement made under this section may be
1085	1085	based on the value of the property on January 1 of the year in which
1086	1086	the construction, expansion, or modernization of the property
1087	1087	began. (Acts 72nd Leg., R.S., Ch. 318, Sec. 2.)
1088	1088	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
1089	1089	Sec. 7811.201. DEPOSITORY. (a) The board shall designate
1090	1090	one or more banks to serve as the depository for district money.
1091	1091	(b) District money shall be deposited as received in a
1092	1092	depository bank, other than money transmitted to a bank for payment
1093	1093	of bonds issued by the district.
1094	1094	(c) If district money is deposited in a depository that is
1095	1095	not insured by the Federal Deposit Insurance Corporation, the money
1096	1096	must be secured in the manner provided by law for the security of
1097	1097	county funds. (Acts 68th Leg., R.S., Ch. 1081, Secs. 11(a), (b),
1098	1098	(c).)
1099	1099	Sec. 7811.202. AUTHORITY TO ISSUE BONDS AND INCUR
1100	1100	INDEBTEDNESS. (a) The district may issue bonds and incur other
1101	1101	indebtedness in the manner provided by Section 7803.113 and
1102	1102	Subchapter E, Chapter 7803.
1103	1103	(b) The district shall file with both constituent
1104	1104	municipalities a notice of intent to issue bonds or other
1105	1105	indebtedness not later than the 20th day before the date of
1106	1106	issuance. The notice must state the purpose for which the bonds or
1107	1107	other indebtedness are issued and the approximate principal amount
1108	1108	of the bonds or indebtedness.
1109	1109	(c) Before the district issues bonds or other indebtedness
1110	1110	in an amount of more than $500,000, the district must obtain the
1111	1111	approval by resolution of the governing bodies of both constituent
1112	1112	municipalities.
1113	1113	(d) Bonds or other indebtedness may not be sold at discount
1114	1114	from the principal amount without the prior approval of both
1115	1115	constituent municipalities. (Acts 68th Leg., R.S., Ch. 1081, Secs.
1116	1116	4(c), (d), (e).)
1117	1117	Sec. 7811.203. CONSTITUENT MUNICIPALITIES NOT OBLIGATED TO
1118	1118	PAY DISTRICT OBLIGATIONS. This chapter does not authorize the
1119	1119	lending or pledge of the credit of either constituent municipality
1120	1120	to the bonds and other indebtedness of the district. The
1121	1121	constituent municipalities are not obligated to pay any bonds,
1122	1122	indebtedness, or other debt of the district. (Acts 68th Leg., R.S.,
1123	1123	Ch. 1081, Sec. 4(f).)
1124	1124	Sec. 7811.204. BOND ANTICIPATION NOTES. (a) In addition to
1125	1125	all other methods of acquiring money for district purposes, the
1126	1126	district may issue bond anticipation notes for any purpose for
1127	1127	which district bonds have been voted or may be issued to refund
1128	1128	outstanding bond anticipation notes and the interest on the notes
1129	1129	being refunded.
1130	1130	(b) The notes may bear interest at any rate not to exceed the
1131	1131	maximum interest rate applicable to the district's authorized
1132	1132	bonds.
1133	1133	(c) The maximum amount of the notes outstanding at any one
1134	1134	time may not exceed $500,000 without the prior consent of both
1135	1135	constituent municipalities.
1136	1136	(d) The district shall pay the notes only from the proceeds
1137	1137	of the sale of bonds by the district. (Acts 68th Leg., R.S., Ch.
1138	1138	1081, Secs. 6(a), (b) (part), (c), (d).)
1139	1139	Sec. 7811.205. PREVIOUSLY AUTHORIZED MAINTENANCE TAXES.
1140	1140	The district may impose a maintenance tax that has been previously
1141	1141	authorized at an election held in the district. (Acts 68th Leg.,
1142	1142	R.S., Ch. 1081, Sec. 4(b) (part).)
1143	1143	SECTION 1.04. Subtitle H, Title 6, Special District Local
1144	1144	Laws Code, is amended by adding Chapters 8877, 8879, 8880, 8881,
1145	1145	8882, 8883, 8884, 8885, 8886, 8887, and 8888 to read as follows:
1146	1146	CHAPTER 8877. CLEARWATER UNDERGROUND WATER CONSERVATION DISTRICT
1147	1147	SUBCHAPTER A. GENERAL PROVISIONS
1148	1148	Sec. 8877.001. DEFINITIONS
1149	1149	Sec. 8877.002. NATURE OF DISTRICT
1150	1150	Sec. 8877.003. FINDINGS OF PUBLIC USE AND BENEFIT
1151	1151	Sec. 8877.004. DISTRICT TERRITORY
1152	1152	Sec. 8877.005. CONFLICTS OF LAW
1153	1153	SUBCHAPTER B. BOARD OF DIRECTORS
1154	1154	Sec. 8877.051. COMPOSITION OF BOARD; TERMS
1155	1155	Sec. 8877.052. ELECTION OF DIRECTORS
1156	1156	Sec. 8877.053. ELECTION DATE
1157	1157	Sec. 8877.054. QUALIFICATIONS FOR OFFICE
1158	1158	SUBCHAPTER C. POWERS AND DUTIES
1159	1159	Sec. 8877.101. GENERAL POWERS AND DUTIES
1160	1160	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
1161	1161	Sec. 8877.151. MAINTENANCE AND OPERATION TAX
1162	1162	CHAPTER 8877. CLEARWATER UNDERGROUND WATER CONSERVATION DISTRICT
1163	1163	SUBCHAPTER A. GENERAL PROVISIONS
1164	1164	Sec. 8877.001. DEFINITIONS. In this chapter:
1165	1165	(1) "Board" means the district's board of directors.
1166	1166	(2) "Director" means a board member.
1167	1167	(3) "District" means the Clearwater Underground Water
1168	1168	Conservation District. (Acts 71st Leg., R.S., Ch. 524, Secs. 1(a)
1169	1169	(part), 2; New.)
1170	1170	Sec. 8877.002. NATURE OF DISTRICT. The district is a
1171	1171	groundwater conservation district in Bell County created under and
1172	1172	essential to accomplish the purposes of Section 59, Article XVI,
1173	1173	Texas Constitution. (Acts 71st Leg., R.S., Ch. 524, Secs. 1(a)
1174	1174	(part), (b), 3 (part).)
1175	1175	Sec. 8877.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
1176	1176	district is created to serve a public use and benefit.
1177	1177	(b) All land and other property included in the district
1178	1178	will benefit from the works and projects accomplished by the
1179	1179	district under the powers conferred by Section 59, Article XVI,
1180	1180	Texas Constitution. (Acts 71st Leg., R.S., Ch. 524, Sec. 5.)
1181	1181	Sec. 8877.004. DISTRICT TERRITORY. The district includes
1182	1182	the territory located in Bell County unless the district's
1183	1183	territory has been modified under:
1184	1184	(1) Subchapter J or K, Chapter 36, Water Code; or
1185	1185	(2) other law. (Acts 71st Leg., R.S., Ch. 524, Sec. 3;
1186	1186	New.)
1187	1187	Sec. 8877.005. CONFLICTS OF LAW. This chapter prevails
1188	1188	over any provision of general law that is in conflict or
1189	1189	inconsistent with this chapter. (Acts 71st Leg., R.S., Ch. 524,
1190	1190	Sec. 6(a) (part).)
1191	1191	SUBCHAPTER B. BOARD OF DIRECTORS
1192	1192	Sec. 8877.051. COMPOSITION OF BOARD; TERMS. (a) The
1193	1193	district is governed by a board of five elected directors.
1194	1194	(b) Except as provided by Section 8877.052(d), directors
1195	1195	serve staggered four-year terms. (Acts 71st Leg., R.S., Ch. 524,
1196	1196	Secs. 7(a), (d), 10(e) (part).)
1197	1197	Sec. 8877.052. ELECTION OF DIRECTORS. (a) Directors are
1198	1198	elected according to the commissioners precinct method as provided
1199	1199	by this section.
1200	1200	(b) One director is elected by the voters of the entire
1201	1201	district. One director is elected from each county commissioners
1202	1202	precinct by the voters of that precinct.
1203	1203	(c) A person shall indicate on the application for a place
1204	1204	on the ballot:
1205	1205	(1) the precinct that the person seeks to represent;
1206	1206	or
1207	1207	(2) that the person seeks to represent the district at
1208	1208	large.
1209	1209	(d) At the first election after the county commissioners
1210	1210	precincts are redrawn under Section 18, Article V, Texas
1211	1211	Constitution, four new directors shall be elected to represent the
1212	1212	newly redrawn precincts. The directors from precincts one and three
1213	1213	shall be elected for two-year terms. The directors from precincts
1214	1214	two and four shall be elected for four-year terms. When the
1215	1215	directors elected from the new precincts take office, the terms of
1216	1216	the directors elected from the previous precincts expire. (Acts
1217	1217	71st Leg., R.S., Ch. 524, Secs. 10(a), (b), (d), (f).)
1218	1218	Sec. 8877.053. ELECTION DATE. The district shall hold an
1219	1219	election to elect the appropriate number of directors on the
1220	1220	uniform election date in November of each even-numbered year.
1221	1221	(Acts 71st Leg., R.S., Ch. 524, Sec. 10(e) (part).)
1222	1222	Sec. 8877.054. QUALIFICATIONS FOR OFFICE. (a) To be
1223	1223	qualified to be a candidate for or to serve as director at large, a
1224	1224	person must be a registered voter in the district.
1225	1225	(b) To be a candidate for or to serve as director from a
1226	1226	county commissioners precinct, a person must be a registered voter
1227	1227	of that precinct. (Acts 71st Leg., R.S., Ch. 524, Sec. 10(c).)
1228	1228	SUBCHAPTER C. POWERS AND DUTIES
1229	1229	Sec. 8877.101. GENERAL POWERS AND DUTIES. The district has
1230	1230	all of the rights, powers, privileges, functions, and duties
1231	1231	provided by the general law of this state, including Chapter 36,
1232	1232	Water Code, applicable to groundwater conservation districts
1233	1233	created under Section 59, Article XVI, Texas Constitution. (Acts
1234	1234	71st Leg., R.S., Ch. 524, Sec. 6(a) (part).)
1235	1235	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
1236	1236	Sec. 8877.151. MAINTENANCE AND OPERATION TAX. (a) Except
1237	1237	as provided by Subsection (b), the district may impose an ad valorem
1238	1238	tax at a rate not to exceed five cents on each $100 of valuation of
1239	1239	property in the district to pay for the maintenance and operation of
1240	1240	the district on approval of a majority of the voters of the district
1241	1241	at an election held for that purpose.
1242	1242	(b) The board may increase the maximum amount of ad valorem
1243	1243	taxes that may be imposed in the district:
1244	1244	(1) if the board determines that the maximum tax
1245	1245	authorized by Subsection (a) is not sufficient to pay the
1246	1246	maintenance and operating expenses of the district; and
1247	1247	(2) on approval of a majority of the voters of the
1248	1248	district voting at an election held for that purpose.
1249	1249	(c) The maximum amount of taxes that may be authorized under
1250	1250	this section may not exceed 25 cents on each $100 of valuation of
1251	1251	property in the district. (Acts 71st Leg., R.S., Ch. 524, Secs.
1252	1252	11(a), (b).)
1253	1253	CHAPTER 8879. CROCKETT COUNTY GROUNDWATER CONSERVATION DISTRICT
1254	1254	SUBCHAPTER A. GENERAL PROVISIONS
1255	1255	Sec. 8879.001. DEFINITIONS
1256	1256	Sec. 8879.002. NATURE OF DISTRICT
1257	1257	Sec. 8879.003. FINDINGS OF PUBLIC USE AND BENEFIT
1258	1258	Sec. 8879.004. DISTRICT TERRITORY
1259	1259	Sec. 8879.005. LOCATION OF DISTRICT ELECTIONS
1260	1260	Sec. 8879.006. CONFLICTS OF LAW
1261	1261	SUBCHAPTER B. BOARD OF DIRECTORS
1262	1262	Sec. 8879.051. COMPOSITION OF BOARD; TERMS
1263	1263	Sec. 8879.052. ELECTION DATE
1264	1264	Sec. 8879.053. DISQUALIFICATION OF DIRECTORS
1265	1265	SUBCHAPTER C. POWERS AND DUTIES
1266	1266	Sec. 8879.101. GENERAL POWERS AND DUTIES
1267	1267	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
1268	1268	Sec. 8879.151. LIMITATION ON AD VALOREM TAX RATE
1269	1269	Sec. 8879.152. ELECTION TO INCREASE AD VALOREM TAX
1270	1270	RATE
1271	1271	CHAPTER 8879. CROCKETT COUNTY GROUNDWATER CONSERVATION DISTRICT
1272	1272	SUBCHAPTER A. GENERAL PROVISIONS
1273	1273	Sec. 8879.001. DEFINITIONS. In this chapter:
1274	1274	(1) "Board" means the district's board of directors.
1275	1275	(2) "Director" means a board member.
1276	1276	(3) "District" means the Crockett County Groundwater
1277	1277	Conservation District. (Acts 71st Leg., R.S., Ch. 712, Sec. 2;
1278	1278	New.)
1279	1279	Sec. 8879.002. NATURE OF DISTRICT. The district is a
1280	1280	groundwater conservation district in Crockett County created under
1281	1281	and essential to accomplish the purposes of Section 59, Article
1282	1282	XVI, Texas Constitution. (Acts 71st Leg., R.S., Ch. 712, Secs. 1(a)
1283	1283	(part), (b).)
1284	1284	Sec. 8879.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
1285	1285	district is created to serve a public use and benefit.
1286	1286	(b) All land and other property included in the district
1287	1287	will benefit from the works and projects accomplished by the
1288	1288	district under the powers conferred by Section 59, Article XVI,
1289	1289	Texas Constitution. (Acts 71st Leg., R.S., Ch. 712, Sec. 5.)
1290	1290	Sec. 8879.004. DISTRICT TERRITORY. (a) The district is
1291	1291	composed of the territory in Crockett County other than the tract of
1292	1292	land described by metes and bounds in Section 3, Chapter 712, Acts
1293	1293	of the 71st Legislature, Regular Session, 1989, as that territory
1294	1294	may have been modified under:
1295	1295	(1) Subchapter J or K, Chapter 36, Water Code; or
1296	1296	(2) other law.
1297	1297	(b) The boundaries and field notes of the district form a
1298	1298	closure. A mistake in the field notes or in copying the field notes
1299	1299	in the legislative process does not affect:
1300	1300	(1) the district's organization, existence, or
1301	1301	validity;
1302	1302	(2) the district's right to impose taxes; or
1303	1303	(3) the legality or operation of the district or its
1304	1304	governing body. (Acts 71st Leg., R.S., Ch. 712, Secs. 3 (part), 4;
1305	1305	New.)
1306	1306	Sec. 8879.005. LOCATION OF DISTRICT ELECTIONS. A district
1307	1307	election may be held at any location in Crockett County. (Acts 71st
1308	1308	Leg., R.S., Ch. 712, Sec. 10B.)
1309	1309	Sec. 8879.006. CONFLICTS OF LAW. This chapter prevails
1310	1310	over any provision of general law that is in conflict or
1311	1311	inconsistent with this chapter. (Acts 71st Leg., R.S., Ch. 712,
1312	1312	Sec. 6(a) (part).)
1313	1313	SUBCHAPTER B. BOARD OF DIRECTORS
1314	1314	Sec. 8879.051. COMPOSITION OF BOARD; TERMS. (a) The
1315	1315	district is governed by a board of five elected directors.
1316	1316	(b) Directors serve staggered four-year terms, with the
1317	1317	terms of two or three directors expiring December 1 of each
1318	1318	even-numbered year. (Acts 71st Leg., R.S., Ch. 712, Secs. 7(a),
1319	1319	(d), 10A (part).)
1320	1320	Sec. 8879.052. ELECTION DATE. The district shall hold an
1321	1321	election to elect the appropriate number of directors on the
1322	1322	uniform election date in November of each even-numbered year.
1323	1323	(Acts 71st Leg., R.S., Ch. 712, Sec. 10A.)
1324	1324	Sec. 8879.053. DISQUALIFICATION OF DIRECTORS.
1325	1325	Notwithstanding Sections 49.001 and 49.002(b), Water Code, Section
1326	1326	49.052, Water Code, applies to a director. (Acts 71st Leg., R.S.,
1327	1327	Ch. 712, Sec. 7(a-1).)
1328	1328	SUBCHAPTER C. POWERS AND DUTIES
1329	1329	Sec. 8879.101. GENERAL POWERS AND DUTIES. The district has
1330	1330	the rights, powers, privileges, functions, and duties provided by
1331	1331	the general law of this state, including Chapter 36 and Subchapters
1332	1332	H and I, Chapter 49, Water Code, applicable to groundwater
1333	1333	conservation districts created under Section 59, Article XVI, Texas
1334	1334	Constitution. (Acts 71st Leg., R.S., Ch. 712, Sec. 6(a) (part).)
1335	1335	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
1336	1336	Sec. 8879.151. LIMITATION ON AD VALOREM TAX RATE. Except as
1337	1337	provided by Section 8879.152, the rate of an ad valorem tax imposed
1338	1338	by the district under Chapter 36, Water Code, may not exceed five
1339	1339	cents on each $100 of assessed valuation. (Acts 71st Leg., R.S.,
1340	1340	Ch. 712, Sec. 11(a); New.)
1341	1341	Sec. 8879.152. ELECTION TO INCREASE AD VALOREM TAX RATE.
1342	1342	(a) If at a regular meeting of the board, the board determines that
1343	1343	the district ad valorem tax is no longer sufficient, the board may
1344	1344	hold an election to approve an increase in the district's tax rate
1345	1345	not to exceed an additional five cents on each $100 of assessed
1346	1346	valuation above the rate specified by Section 8879.151.
1347	1347	(b) If a majority of the voters favor the increase in the
1348	1348	district's tax rate, the district may impose an ad valorem tax at
1349	1349	the increased rate. (Acts 71st Leg., R.S., Ch. 712, Sec. 11(b).)
1350	1350	CHAPTER 8880. GONZALES COUNTY UNDERGROUND WATER CONSERVATION
1351	1351	DISTRICT
1352	1352	SUBCHAPTER A. GENERAL PROVISIONS
1353	1353	Sec. 8880.001. DEFINITIONS
1354	1354	SUBCHAPTER B. BOARD OF DIRECTORS
1355	1355	Sec. 8880.051. SINGLE-MEMBER DIRECTOR PRECINCTS
1356	1356	CHAPTER 8880. GONZALES COUNTY UNDERGROUND WATER CONSERVATION
1357	1357	DISTRICT
1358	1358	SUBCHAPTER A. GENERAL PROVISIONS
1359	1359	Sec. 8880.001. DEFINITIONS. In this chapter:
1360	1360	(1) "Board" means the district's board of directors.
1361	1361	(2) "Director" means a board member.
1362	1362	(3) "District" means the Gonzales County Underground
1363	1363	Water Conservation District. (Acts 74th Leg., R.S., Ch. 368, Sec.
1364	1364	1; New.)
1365	1365	SUBCHAPTER B. BOARD OF DIRECTORS
1366	1366	Sec. 8880.051. SINGLE-MEMBER DIRECTOR PRECINCTS. (a) The
1367	1367	board may divide the district into five single-member director
1368	1368	precincts of substantially equal population for the purpose of
1369	1369	electing directors.
1370	1370	(b) Notwithstanding Section 36.059(b), Water Code, the
1371	1371	board may divide territory contained in a municipal corporation in
1372	1372	the district into as many precincts as necessary to obtain
1373	1373	precincts of substantially equal population. (Acts 74th Leg.,
1374	1374	R.S., Ch. 368, Sec. 2.)
1375	1375	CHAPTER 8881. MESA UNDERGROUND WATER CONSERVATION DISTRICT
1376	1376	SUBCHAPTER A. GENERAL PROVISIONS
1377	1377	Sec. 8881.001. DEFINITIONS
1378	1378	Sec. 8881.002. NATURE OF DISTRICT
1379	1379	Sec. 8881.003. FINDINGS OF PUBLIC USE AND BENEFIT
1380	1380	Sec. 8881.004. DISTRICT TERRITORY
1381	1381	SUBCHAPTER B. BOARD OF DIRECTORS
1382	1382	Sec. 8881.051. COMPOSITION OF BOARD; TERMS
1383	1383	Sec. 8881.052. ELECTION OF DIRECTORS
1384	1384	Sec. 8881.053. ELECTION DATE
1385	1385	Sec. 8881.054. QUALIFICATIONS FOR OFFICE
1386	1386	SUBCHAPTER C. POWERS AND DUTIES
1387	1387	Sec. 8881.101. GENERAL POWERS AND DUTIES
1388	1388	Sec. 8881.102. CONTRACT AUTHORITY OF DISTRICT
1389	1389	Sec. 8881.103. ANNEXATION OF TERRITORY
1390	1390	CHAPTER 8881. MESA UNDERGROUND WATER CONSERVATION DISTRICT
1391	1391	SUBCHAPTER A. GENERAL PROVISIONS
1392	1392	Sec. 8881.001. DEFINITIONS. In this chapter:
1393	1393	(1) "Board" means the district's board of directors.
1394	1394	(2) "Director" means a board member.
1395	1395	(3) "District" means the Mesa Underground Water
1396	1396	Conservation District. (Acts 71st Leg., R.S., Ch. 669, Secs. 1(a)
1397	1397	(part), 2; New.)
1398	1398	Sec. 8881.002. NATURE OF DISTRICT. The district is a
1399	1399	groundwater conservation district in Dawson County created under
1400	1400	and essential to accomplish the purposes of Section 59, Article
1401	1401	XVI, Texas Constitution. (Acts 71st Leg., R.S., Ch. 669, Secs. 1(a)
1402	1402	(part), (b).)
1403	1403	Sec. 8881.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
1404	1404	district is created to serve a public use and benefit.
1405	1405	(b) All land and other property included in the district
1406	1406	will benefit from the works and projects accomplished by the
1407	1407	district under the powers conferred by Section 59, Article XVI,
1408	1408	Texas Constitution. (Acts 71st Leg., R.S., Ch. 669, Sec. 5.)
1409	1409	Sec. 8881.004. DISTRICT TERRITORY. The district includes
1410	1410	the territory located in Dawson County, unless the district's
1411	1411	territory has been modified under:
1412	1412	(1) Section 8881.103 of this chapter or its
1413	1413	predecessor statute, former Section 11(c), Chapter 669, Acts of the
1414	1414	71st Legislature, Regular Session, 1989; or
1415	1415	(2) other law. (Acts 71st Leg., R.S., Ch. 669, Sec. 3;
1416	1416	New.)
1417	1417	SUBCHAPTER B. BOARD OF DIRECTORS
1418	1418	Sec. 8881.051. COMPOSITION OF BOARD; TERMS. (a) The
1419	1419	district is governed by a board of five elected directors.
1420	1420	(b) Directors serve staggered four-year terms. (Acts 71st
1421	1421	Leg., R.S., Ch. 669, Secs. 7(a) (part), (b) (part), (e).)
1422	1422	Sec. 8881.052. ELECTION OF DIRECTORS. One director is
1423	1423	elected from each county commissioners precinct in Dawson County
1424	1424	and one director is elected from the district at large. (Acts 71st
1425	1425	Leg., R.S., Ch. 669, Sec. 7(b) (part).)
1426	1426	Sec. 8881.053. ELECTION DATE. The district shall hold an
1427	1427	election to elect the appropriate number of directors on the
1428	1428	uniform election date in May of each even-numbered year or another
1429	1429	date authorized by law. (Acts 71st Leg., R.S., Ch. 669, Sec. 10;
1430	1430	New.)
1431	1431	Sec. 8881.054. QUALIFICATIONS FOR OFFICE. (a) A director
1432	1432	must be 18 years of age or older.
1433	1433	(b) To represent a county commissioners precinct, the
1434	1434	director must be a resident of that precinct. (Acts 71st Leg., R.S.,
1435	1435	Ch. 669, Secs. 7(a) (part), (b) (part).)
1436	1436	SUBCHAPTER C. POWERS AND DUTIES
1437	1437	Sec. 8881.101. GENERAL POWERS AND DUTIES. The district has
1438	1438	all of the rights, powers, privileges, functions, and duties
1439	1439	provided by the general law of this state, including Chapter 36,
1440	1440	Water Code, applicable to groundwater conservation districts
1441	1441	created under Section 59, Article XVI, Texas Constitution. (Acts
1442	1442	71st Leg., R.S., Ch. 669, Sec. 6(a) (part).)
1443	1443	Sec. 8881.102. CONTRACT AUTHORITY OF DISTRICT. (a) The
1444	1444	district may contract for, sell, and distribute water from a water
1445	1445	import authority or other agency.
1446	1446	(b) The district may contract with other districts that have
1447	1447	powers similar to those of the district to achieve common goals.
1448	1448	(Acts 71st Leg., R.S., Ch. 669, Secs. 11(a), (b).)
1449	1449	Sec. 8881.103. ANNEXATION OF TERRITORY. (a) Territory may
1450	1450	be added to the district under:
1451	1451	(1) Subchapter J, Chapter 49, Water Code; or
1452	1452	(2) Subchapter O, Chapter 51, Water Code.
1453	1453	(b) If the district annexes territory, the board shall
1454	1454	determine the precincts to which annexed territory is added for the
1455	1455	purpose of electing directors. (Acts 71st Leg., R.S., Ch. 669, Sec.
1456	1456	11(c); New.)
1457	1457	CHAPTER 8882. SANDY LAND UNDERGROUND WATER CONSERVATION DISTRICT
1458	1458	SUBCHAPTER A. GENERAL PROVISIONS
1459	1459	Sec. 8882.001. DEFINITIONS
1460	1460	Sec. 8882.002. NATURE OF DISTRICT
1461	1461	Sec. 8882.003. FINDINGS OF PUBLIC USE AND BENEFIT
1462	1462	Sec. 8882.004. DISTRICT TERRITORY
1463	1463	SUBCHAPTER B. BOARD OF DIRECTORS
1464	1464	Sec. 8882.051. COMPOSITION OF BOARD; TERMS
1465	1465	Sec. 8882.052. ELECTION DATE
1466	1466	SUBCHAPTER C. POWERS AND DUTIES
1467	1467	Sec. 8882.101. GENERAL POWERS AND DUTIES
1468	1468	CHAPTER 8882. SANDY LAND UNDERGROUND WATER CONSERVATION DISTRICT
1469	1469	SUBCHAPTER A. GENERAL PROVISIONS
1470	1470	Sec. 8882.001. DEFINITIONS. In this chapter:
1471	1471	(1) "Board" means the district's board of directors.
1472	1472	(2) "Director" means a board member.
1473	1473	(3) "District" means the Sandy Land Underground Water
1474	1474	Conservation District. (Acts 71st Leg., R.S., Ch. 673, Secs. 1(a)
1475	1475	(part), 2; New.)
1476	1476	Sec. 8882.002. NATURE OF DISTRICT. The district is a
1477	1477	groundwater conservation district in Yoakum County created under
1478	1478	and essential to accomplish the purposes of Section 59, Article
1479	1479	XVI, Texas Constitution. (Acts 71st Leg., R.S., Ch. 673, Secs. 1(a)
1480	1480	(part), (b).)
1481	1481	Sec. 8882.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
1482	1482	district is created to serve a public use and benefit.
1483	1483	(b) All land and other property included in the district
1484	1484	will benefit from the works and projects accomplished by the
1485	1485	district under the powers conferred by Section 59, Article XVI,
1486	1486	Texas Constitution. (Acts 71st Leg., R.S., Ch. 673, Sec. 5.)
1487	1487	Sec. 8882.004. DISTRICT TERRITORY. The district includes
1488	1488	the territory located in Yoakum County unless the district's
1489	1489	territory has been modified under:
1490	1490	(1) Subchapter J or K, Chapter 36, Water Code; or
1491	1491	(2) other law. (Acts 71st Leg., R.S., Ch. 673, Sec. 3;
1492	1492	New.)
1493	1493	SUBCHAPTER B. BOARD OF DIRECTORS
1494	1494	Sec. 8882.051. COMPOSITION OF BOARD; TERMS. (a) The
1495	1495	district is governed by a board of five directors.
1496	1496	(b) Directors serve staggered four-year terms. (Acts 71st
1497	1497	Leg., R.S., Ch. 673, Secs. 7(a), (d).)
1498	1498	Sec. 8882.052. ELECTION DATE. The district shall hold an
1499	1499	election to elect the appropriate number of directors on the
1500	1500	uniform election date in May of every other year or another date
1501	1501	authorized by law. (Acts 71st Leg., R.S., Ch. 673, Sec. 10; New.)
1502	1502	SUBCHAPTER C. POWERS AND DUTIES
1503	1503	Sec. 8882.101. GENERAL POWERS AND DUTIES. The district has
1504	1504	the rights, powers, privileges, functions, and duties provided by
1505	1505	the general law of this state, including Chapters 36 and 50, Water
1506	1506	Code, applicable to groundwater conservation districts created
1507	1507	under Section 59, Article XVI, Texas Constitution. (Acts 71st
1508	1508	Leg., R.S., Ch. 673, Sec. 6(a) (part).)
1509	1509	CHAPTER 8883. SANTA RITA UNDERGROUND WATER CONSERVATION DISTRICT
1510	1510	SUBCHAPTER A. GENERAL PROVISIONS
1511	1511	Sec. 8883.001. DEFINITIONS
1512	1512	Sec. 8883.002. NATURE OF DISTRICT
1513	1513	Sec. 8883.003. FINDINGS OF PUBLIC USE AND BENEFIT
1514	1514	Sec. 8883.004. DISTRICT TERRITORY
1515	1515	Sec. 8883.005. OWNERSHIP OF GROUNDWATER AND SURFACE
1516	1516	WATER RIGHTS
1517	1517	SUBCHAPTER B. BOARD OF DIRECTORS
1518	1518	Sec. 8883.051. COMPOSITION OF BOARD; TERMS
1519	1519	Sec. 8883.052. ELIGIBILITY AND ELECTION OF DIRECTORS
1520	1520	Sec. 8883.053. ELECTION DATE
1521	1521	Sec. 8883.054. COMPENSATION; EXPENSES
1522	1522	SUBCHAPTER C. POWERS AND DUTIES
1523	1523	Sec. 8883.101. GENERAL POWERS AND DUTIES
1524	1524	Sec. 8883.102. PAYMENT OF CERTAIN EXPENSES
1525	1525	Sec. 8883.103. APPEARANCE BEFORE RAILROAD COMMISSION
1526	1526	Sec. 8883.104. PROHIBITION: SUPPLY OF WATER
1527	1527	CHAPTER 8883. SANTA RITA UNDERGROUND WATER CONSERVATION DISTRICT
1528	1528	SUBCHAPTER A. GENERAL PROVISIONS
1529	1529	Sec. 8883.001. DEFINITIONS. In this chapter:
1530	1530	(1) "Board" means the district's board of directors.
1531	1531	(2) "Director" means a board member.
1532	1532	(3) "District" means the Santa Rita Underground Water
1533	1533	Conservation District. (Acts 71st Leg., R.S., Ch. 653, Secs. 1(a)
1534	1534	(part), 2; New.)
1535	1535	Sec. 8883.002. NATURE OF DISTRICT. The district is a
1536	1536	groundwater conservation district in Reagan County created under
1537	1537	and essential to accomplish the purposes of Section 59, Article
1538	1538	XVI, Texas Constitution. (Acts 71st Leg., R.S., Ch. 653, Secs. 1(a)
1539	1539	(part), (b).)
1540	1540	Sec. 8883.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
1541	1541	district is created to serve a public use and benefit.
1542	1542	(b) All land and other property included in the district
1543	1543	will benefit from the works and projects accomplished by the
1544	1544	district under the powers conferred by Section 59, Article XVI,
1545	1545	Texas Constitution. (Acts 71st Leg., R.S., Ch. 653, Sec. 5.)
1546	1546	Sec. 8883.004. DISTRICT TERRITORY. (a) Except as provided
1547	1547	by Subsection (b), the district includes the territory in Reagan
1548	1548	County unless the district's territory has been modified under:
1549	1549	(1) Subchapter J or K, Chapter 36, Water Code; or
1550	1550	(2) other law.
1551	1551	(b) The district does not include any territory that was
1552	1552	annexed into the Glasscock County Underground Water Conservation
1553	1553	District under the then applicable annexation provisions of Chapter
1554	1554	51, Water Code, before June 14, 1989. (Acts 71st Leg., R.S., Ch.
1555	1555	653, Secs. 3, 14(a); New.)
1556	1556	Sec. 8883.005. OWNERSHIP OF GROUNDWATER AND SURFACE WATER
1557	1557	RIGHTS. The ownership and rights of the owner of land, the owner's
1558	1558	lessees, and assigns in groundwater and any surface water rights
1559	1559	are recognized, and this chapter does not deprive or divest the
1560	1560	owner, the owner's lessees, or assigns of those ownership rights.
1561	1561	(Acts 71st Leg., R.S., Ch. 653, Sec. 11(c).)
1562	1562	SUBCHAPTER B. BOARD OF DIRECTORS
1563	1563	Sec. 8883.051. COMPOSITION OF BOARD; TERMS. (a) The
1564	1564	district is governed by a board of five directors.
1565	1565	(b) Directors serve staggered four-year terms. (Acts 71st
1566	1566	Leg., R.S., Ch. 653, Secs. 7(a) (part), (c).)
1567	1567	Sec. 8883.052. ELIGIBILITY AND ELECTION OF DIRECTORS. (a)
1568	1568	A director must be:
1569	1569	(1) 18 years of age or older; and
1570	1570	(2) a resident of the district.
1571	1571	(b) One director is elected from each county commissioner
1572	1572	precinct. One director is elected at large.
1573	1573	(c) Section 141.001(a)(5), Election Code, and Section
1574	1574	36.059(b), Water Code, do not apply to the district. (Acts 71st
1575	1575	Leg., R.S., Ch. 653, Secs. 7(a) (part), (f), 10(a).)
1576	1576	Sec. 8883.053. ELECTION DATE. The district shall hold an
1577	1577	election to elect the appropriate number of directors on the
1578	1578	uniform election date in May of each odd-numbered year or another
1579	1579	date authorized by law. (Acts 71st Leg., R.S., Ch. 653, Sec. 10(b);
1580	1580	New.)
1581	1581	Sec. 8883.054. COMPENSATION; EXPENSES. (a) Unless the
1582	1582	board by resolution increases the fees of office to an amount
1583	1583	authorized by Section 36.060(a), Water Code, each director is
1584	1584	entitled to receive for the director's services $25 a month in
1585	1585	compensation.
1586	1586	(b) Each director may be reimbursed for actual expenses
1587	1587	incurred in the performance of official duties.
1588	1588	(c) The expenses described by Subsection (b) must be:
1589	1589	(1) reported in the district's records; and
1590	1590	(2) approved by the board. (Acts 71st Leg., R.S., Ch.
1591	1591	653, Sec. 11(a); New.)
1592	1592	SUBCHAPTER C. POWERS AND DUTIES
1593	1593	Sec. 8883.101. GENERAL POWERS AND DUTIES. The district has
1594	1594	the rights, powers, privileges, functions, and duties provided by
1595	1595	the general law of this state, including Chapter 36, Water Code,
1596	1596	applicable to groundwater conservation districts created under
1597	1597	Section 59, Article XVI, Texas Constitution. (Acts 71st Leg.,
1598	1598	R.S., Ch. 653, Sec. 6(a) (part).)
1599	1599	Sec. 8883.102. PAYMENT OF CERTAIN EXPENSES. (a) The board
1600	1600	may pay:
1601	1601	(1) all costs and expenses necessarily incurred in the
1602	1602	creation and organization of the district;
1603	1603	(2) legal fees; and
1604	1604	(3) other incidental expenses.
1605	1605	(b) The board may reimburse a person for money advanced for
1606	1606	a purpose described by Subsection (a). (Acts 71st Leg., R.S., Ch.
1607	1607	653, Sec. 11(d).)
1608	1608	Sec. 8883.103. APPEARANCE BEFORE RAILROAD COMMISSION. The
1609	1609	district, through the directors or the district's general manager,
1610	1610	may appear before the Railroad Commission of Texas and present
1611	1611	evidence and information relating to a pending permit application
1612	1612	for an injection well to be located in the district. (Acts 71st
1613	1613	Leg., R.S., Ch. 653, Sec. 11(b).)
1614	1614	Sec. 8883.104. PROHIBITION: SUPPLY OF WATER. The district
1615	1615	may not contract to or take an action to supply groundwater inside
1616	1616	or outside the district. (Acts 71st Leg., R.S., Ch. 653, Sec.
1617	1617	11(e).)
1618	1618	CHAPTER 8884. SARATOGA UNDERGROUND WATER CONSERVATION DISTRICT
1619	1619	SUBCHAPTER A. GENERAL PROVISIONS
1620	1620	Sec. 8884.001. DEFINITIONS
1621	1621	Sec. 8884.002. NATURE OF DISTRICT
1622	1622	Sec. 8884.003. FINDINGS OF PUBLIC USE AND BENEFIT
1623	1623	Sec. 8884.004. DISTRICT TERRITORY
1624	1624	SUBCHAPTER B. BOARD OF DIRECTORS
1625	1625	Sec. 8884.051. COMPOSITION OF BOARD; TERMS
1626	1626	Sec. 8884.052. ELECTION OF DIRECTORS
1627	1627	Sec. 8884.053. ELECTION DATE
1628	1628	Sec. 8884.054. QUALIFICATIONS FOR OFFICE
1629	1629	SUBCHAPTER C. POWERS AND DUTIES
1630	1630	Sec. 8884.101. GENERAL POWERS AND DUTIES
1631	1631	CHAPTER 8884. SARATOGA UNDERGROUND WATER CONSERVATION DISTRICT
1632	1632	SUBCHAPTER A. GENERAL PROVISIONS
1633	1633	Sec. 8884.001. DEFINITIONS. In this chapter:
1634	1634	(1) "Board" means the district's board of directors.
1635	1635	(2) "Director" means a board member.
1636	1636	(3) "District" means the Saratoga Underground Water
1637	1637	Conservation District. (Acts 71st Leg., R.S., Ch. 519, Secs. 1(a)
1638	1638	(part), 2; New.)
1639	1639	Sec. 8884.002. NATURE OF DISTRICT. The district is a
1640	1640	groundwater conservation district in Lampasas County created under
1641	1641	and essential to accomplish the purposes of Section 59, Article
1642	1642	XVI, Texas Constitution. (Acts 71st Leg., R.S., Ch. 519, Secs. 1(a)
1643	1643	(part), (b).)
1644	1644	Sec. 8884.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
1645	1645	district is created to serve a public use and benefit.
1646	1646	(b) All land and other property included in the district
1647	1647	will benefit from the works and projects accomplished by the
1648	1648	district under the powers conferred by Section 59, Article XVI,
1649	1649	Texas Constitution. (Acts 71st Leg., R.S., Ch. 519, Sec. 5.)
1650	1650	Sec. 8884.004. DISTRICT TERRITORY. The district includes
1651	1651	the territory located in Lampasas County, unless the district's
1652	1652	territory has been modified under:
1653	1653	(1) Subchapter J or K, Chapter 36, Water Code; or
1654	1654	(2) other law. (Acts 71st Leg., R.S., Ch. 519, Sec. 3;
1655	1655	New.)
1656	1656	SUBCHAPTER B. BOARD OF DIRECTORS
1657	1657	Sec. 8884.051. COMPOSITION OF BOARD; TERMS. (a) The
1658	1658	district is governed by a board of five elected directors.
1659	1659	(b) Directors serve staggered four-year terms. (Acts 71st
1660	1660	Leg., R.S., Ch. 519, Secs. 7(a) (part), (b).)
1661	1661	Sec. 8884.052. ELECTION OF DIRECTORS. (a) Directors are
1662	1662	elected according to the commissioners precinct method as provided
1663	1663	by this section.
1664	1664	(b) One director is elected by the voters of the entire
1665	1665	district. One director is elected from each county commissioners
1666	1666	precinct by the voters of that precinct.
1667	1667	(c) A person shall indicate on the application for a place
1668	1668	on the ballot:
1669	1669	(1) the precinct that the person seeks to represent;
1670	1670	or
1671	1671	(2) that the person seeks to represent the district at
1672	1672	large.
1673	1673	(d) When the boundaries of the county commissioners
1674	1674	precincts are redrawn under Section 18, Article V, Texas
1675	1675	Constitution, a director in office on the effective date of the
1676	1676	change, or elected or appointed before the effective date of the
1677	1677	change to a term of office beginning on or after the effective date
1678	1678	of the change, shall serve the term or the remainder of the term
1679	1679	representing the precinct from which the person was elected or
1680	1680	appointed even though the change in boundaries places the person's
1681	1681	residence outside that precinct. (Acts 71st Leg., R.S., Ch. 519,
1682	1682	Secs. 7(a) (part), (d), (f), (g).)
1683	1683	Sec. 8884.053. ELECTION DATE. The district shall hold an
1684	1684	election to elect the appropriate number of directors on the
1685	1685	uniform election date in November of each even-numbered year. (Acts
1686	1686	71st Leg., R.S., Ch. 519, Sec. 7(c).)
1687	1687	Sec. 8884.054. QUALIFICATIONS FOR OFFICE. (a) Except as
1688	1688	provided by Section 8884.052(d), to be eligible to be a candidate
1689	1689	for or to serve as director at large, a person must be a registered
1690	1690	voter of the district.
1691	1691	(b) To be a candidate for or to serve as director from a
1692	1692	county commissioners precinct, a person must be a registered voter
1693	1693	of that precinct. (Acts 71st Leg., R.S., Ch. 519, Sec. 7(e).)
1694	1694	SUBCHAPTER C. POWERS AND DUTIES
1695	1695	Sec. 8884.101. GENERAL POWERS AND DUTIES. The district has
1696	1696	the rights, powers, privileges, functions, and duties provided by
1697	1697	the general law of this state, including Chapters 36 and 50, Water
1698	1698	Code, applicable to groundwater conservation districts created
1699	1699	under Section 59, Article XVI, Texas Constitution. (Acts 71st Leg.,
1700	1700	R.S., Ch. 519, Sec. 6(a) (part).)
1701	1701	CHAPTER 8885. SOUTH PLAINS UNDERGROUND WATER CONSERVATION DISTRICT
1702	1702	SUBCHAPTER A. GENERAL PROVISIONS
1703	1703	Sec. 8885.001. DEFINITIONS
1704	1704	Sec. 8885.002. NATURE OF DISTRICT
1705	1705	Sec. 8885.003. FINDINGS OF PUBLIC USE AND BENEFIT
1706	1706	Sec. 8885.004. DISTRICT TERRITORY
1707	1707	SUBCHAPTER B. BOARD OF DIRECTORS
1708	1708	Sec. 8885.051. COMPOSITION OF BOARD; TERMS
1709	1709	Sec. 8885.052. ELECTION OF DIRECTORS
1710	1710	Sec. 8885.053. ELECTION DATE
1711	1711	Sec. 8885.054. QUALIFICATIONS FOR OFFICE
1712	1712	Sec. 8885.055. BOARD VACANCY
1713	1713	SUBCHAPTER C. POWERS AND DUTIES
1714	1714	Sec. 8885.101. GENERAL POWERS AND DUTIES
1715	1715	CHAPTER 8885. SOUTH PLAINS UNDERGROUND WATER CONSERVATION DISTRICT
1716	1716	SUBCHAPTER A. GENERAL PROVISIONS
1717	1717	Sec. 8885.001. DEFINITIONS. In this chapter:
1718	1718	(1) "Board" means the district's board of directors.
1719	1719	(2) "Director" means a board member.
1720	1720	(3) "District" means the South Plains Underground
1721	1721	Water Conservation District. (Acts 72nd Leg., R.S., Ch. 46,
1722	1722	Secs. 1(a) (part), 2; New.)
1723	1723	Sec. 8885.002. NATURE OF DISTRICT. The district is a
1724	1724	groundwater conservation district in Terry County created under and
1725	1725	essential to accomplish the purposes of Section 59, Article XVI,
1726	1726	Texas Constitution. (Acts 72nd Leg., R.S., Ch. 46, Secs. 1(a)
1727	1727	(part), (b).)
1728	1728	Sec. 8885.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
1729	1729	district is created to serve a public use and benefit.
1730	1730	(b) All land and other property included in the district
1731	1731	will benefit from the works and projects accomplished by the
1732	1732	district under the powers conferred by Section 59, Article XVI,
1733	1733	Texas Constitution. (Acts 72nd Leg., R.S., Ch. 46, Sec. 4.)
1734	1734	Sec. 8885.004. DISTRICT TERRITORY. The district's
1735	1735	boundaries are coextensive with the boundaries of Terry County,
1736	1736	unless the district's territory has been modified under:
1737	1737	(1) Subchapter J or K, Chapter 36, Water Code; or
1738	1738	(2) other law. (Acts 72nd Leg., R.S., Ch. 46, Sec. 3;
1739	1739	New.)
1740	1740	SUBCHAPTER B. BOARD OF DIRECTORS
1741	1741	Sec. 8885.051. COMPOSITION OF BOARD; TERMS. (a) The
1742	1742	district is governed by a board of five directors.
1743	1743	(b) Directors serve staggered four-year terms. (Acts 72nd
1744	1744	Leg., R.S., Ch. 46, Secs. 7(a), 8(c).)
1745	1745	Sec. 8885.052. ELECTION OF DIRECTORS. (a) Directors are
1746	1746	elected according to the commissioners precinct method as provided
1747	1747	by this section.
1748	1748	(b) One director is elected by the voters of the entire
1749	1749	district. One director is elected from each county commissioners
1750	1750	precinct by the voters of that precinct.
1751	1751	(c) A person shall indicate on the application for a place
1752	1752	on the ballot:
1753	1753	(1) the precinct that the person seeks to represent;
1754	1754	or
1755	1755	(2) that the person seeks to represent the district at
1756	1756	large.
1757	1757	(d) At the first election after the county commissioners
1758	1758	precincts are redrawn under Section 18, Article V, Texas
1759	1759	Constitution, four new directors shall be elected to represent the
1760	1760	precincts. The directors shall draw lots to determine their terms.
1761	1761	(Acts 72nd Leg., R.S., Ch. 46, Sec. 6.)
1762	1762	Sec. 8885.053. ELECTION DATE. The district shall hold an
1763	1763	election to elect the appropriate number of directors on the
1764	1764	uniform election date in May of each even-numbered year or another
1765	1765	date authorized by law. (Acts 72nd Leg., R.S., Ch. 46, Sec. 11;
1766	1766	New.)
1767	1767	Sec. 8885.054. QUALIFICATIONS FOR OFFICE. To be eligible
1768	1768	to serve as director, a person must be a registered voter in:
1769	1769	(1) the precinct from which the person is elected or
1770	1770	appointed if representing a precinct; or
1771	1771	(2) the district if representing the district at
1772	1772	large. (Acts 72nd Leg., R.S., Ch. 46, Sec. 7(c).)
1773	1773	Sec. 8885.055. BOARD VACANCY. (a) The board shall appoint a
1774	1774	replacement to fill a vacancy in the office of any director.
1775	1775	(b) The appointed replacement serves until the next
1776	1776	directors' election.
1777	1777	(c) If the position is not scheduled to be filled at the
1778	1778	election, the person elected to fill the position serves only for
1779	1779	the remainder of the unexpired term. (Acts 72nd Leg., R.S., Ch. 46,
1780	1780	Sec. 7(b).)
1781	1781	SUBCHAPTER C. POWERS AND DUTIES
1782	1782	Sec. 8885.101. GENERAL POWERS AND DUTIES. The district has
1783	1783	the rights, powers, privileges, functions, and duties provided by
1784	1784	the general law of this state, including Chapter 36, Water Code,
1785	1785	applicable to groundwater conservation districts created under
1786	1786	Section 59, Article XVI, Texas Constitution. (Acts 72nd Leg.,
1787	1787	R.S., Ch. 46, Sec. 5(a) (part).)
1788	1788	CHAPTER 8886. SUTTON COUNTY UNDERGROUND WATER CONSERVATION
1789	1789	DISTRICT
1790	1790	SUBCHAPTER A. GENERAL PROVISIONS
1791	1791	Sec. 8886.001. DEFINITIONS
1792	1792	Sec. 8886.002. NATURE OF DISTRICT
1793	1793	Sec. 8886.003. FINDINGS OF PUBLIC USE AND BENEFIT
1794	1794	Sec. 8886.004. CONFLICTS OF LAW
1795	1795	SUBCHAPTER B. TERRITORY
1796	1796	Sec. 8886.051. DISTRICT TERRITORY
1797	1797	Sec. 8886.052. LAND EXCLUSION
1798	1798	Sec. 8886.053. ANNEXATION OF TERRITORY
1799	1799	SUBCHAPTER C. BOARD OF DIRECTORS
1800	1800	Sec. 8886.101. COMPOSITION OF BOARD; TERMS
1801	1801	Sec. 8886.102. ELECTION OF DIRECTORS
1802	1802	Sec. 8886.103. ELECTION DATE
1803	1803	Sec. 8886.104. QUALIFICATIONS FOR OFFICE
1804	1804	SUBCHAPTER D. POWERS AND DUTIES
1805	1805	Sec. 8886.151. GENERAL POWERS AND DUTIES
1806	1806	Sec. 8886.152. ADMINISTRATIVE PROCEDURES
1807	1807	Sec. 8886.153. WELL PERMITS
1808	1808	Sec. 8886.154. WELL SPACING AND PRODUCTION
1809	1809	Sec. 8886.155. LOGS
1810	1810	Sec. 8886.156. AVAILABLE GROUNDWATER
1811	1811	Sec. 8886.157. SURVEYS
1812	1812	Sec. 8886.158. RESEARCH AND DETERMINATIONS REGARDING
1813	1813	GROUNDWATER WITHDRAWAL
1814	1814	Sec. 8886.159. COLLECTION AND PRESERVATION OF
1815	1815	INFORMATION
1816	1816	Sec. 8886.160. CONTRACT FOR SALE AND DISTRIBUTION OF
1817	1817	WATER
1818	1818	Sec. 8886.161. ACQUISITION OF LAND
1819	1819	Sec. 8886.162. ELECTIONS
1820	1820	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
1821	1821	Sec. 8886.201. TAX AND BOND PROVISIONS
1822	1822	SUBCHAPTER F. DISSOLUTION OF DISTRICT
1823	1823	Sec. 8886.251. DISSOLUTION OF DISTRICT
1824	1824	CHAPTER 8886. SUTTON COUNTY UNDERGROUND WATER CONSERVATION
1825	1825	DISTRICT
1826	1826	SUBCHAPTER A. GENERAL PROVISIONS
1827	1827	Sec. 8886.001. DEFINITIONS. In this chapter:
1828	1828	(1) "Board" means the district's board of directors.
1829	1829	(2) "Director" means a board member.
1830	1830	(3) "District" means the Sutton County Underground
1831	1831	Water Conservation District. (Acts 69th Leg., R.S., Ch. 377, Sec.
1832	1832	3; New.)
1833	1833	Sec. 8886.002. NATURE OF DISTRICT. The district is created
1834	1834	under Section 59, Article XVI, Texas Constitution, to provide for
1835	1835	the conservation, preservation, protection, recharge, and
1836	1836	prevention of waste of the groundwater reservoirs located under
1837	1837	district land, consistent with the objectives of Section 59,
1838	1838	Article XVI, Texas Constitution, and Chapters 36 and 51, Water
1839	1839	Code. (Acts 69th Leg., R.S., Ch. 377, Secs. 1 (part), 6.)
1840	1840	Sec. 8886.003. FINDINGS OF PUBLIC USE AND BENEFIT. The
1841	1841	legislature finds that:
1842	1842	(1) the organization of the district is feasible and
1843	1843	practicable;
1844	1844	(2) the land to be included in and the residents of the
1845	1845	district will benefit from the creation of the district;
1846	1846	(3) there is a public necessity for the district; and
1847	1847	(4) the creation of the district will further the
1848	1848	public welfare. (Acts 69th Leg., R.S., Ch. 377, Sec. 4.)
1849	1849	Sec. 8886.004. CONFLICTS OF LAW. (a) Except as otherwise
1850	1850	provided by this chapter, if there is a conflict between this
1851	1851	chapter and Chapter 49, 51, or 36, Water Code, this chapter
1852	1852	controls.
1853	1853	(b) If there is a conflict between Chapter 49 or 51, Water
1854	1854	Code, and Chapter 36, Water Code, Chapter 36 controls. (Acts 69th
1855	1855	Leg., R.S., Ch. 377, Sec. 17.)
1856	1856	SUBCHAPTER B. TERRITORY
1857	1857	Sec. 8886.051. DISTRICT TERRITORY. The district is
1858	1858	composed of the territory in Sutton County, other than the
1859	1859	territory in Sections 60, 67, and 90, Block No. A, HE&WTRyCoSurvey,
1860	1860	Sutton County, unless the district's territory has been modified
1861	1861	under:
1862	1862	(1) Section 8886.052 or 8886.053 of this chapter or
1863	1863	their predecessor statutes, former Section 11 or 14, Chapter 377,
1864	1864	Acts of the 69th Legislature, Regular Session, 1985; or
1865	1865	(2) other law. (Acts 69th Leg., R.S., Ch. 377, Sec. 5;
1866	1866	New.)
1867	1867	Sec. 8886.052. LAND EXCLUSION. Land may be excluded from
1868	1868	the district in accordance with the procedures prescribed in
1869	1869	Sections 49.303-49.308, Water Code. (Acts 69th Leg., R.S., Ch.
1870	1870	377, Sec. 11.)
1871	1871	Sec. 8886.053. ANNEXATION OF TERRITORY. (a) Territory may
1872	1872	be added to the district as provided by:
1873	1873	(1) Subchapter J, Chapter 49, Water Code; or
1874	1874	(2) Subchapter O, Chapter 51, Water Code.
1875	1875	(b) If the district annexes territory, the board shall
1876	1876	determine the precincts to which annexed territory is added for the
1877	1877	purpose of electing directors. (Acts 69th Leg., R.S., Ch. 377, Sec.
1878	1878	14; New.)
1879	1879	SUBCHAPTER C. BOARD OF DIRECTORS
1880	1880	Sec. 8886.101. COMPOSITION OF BOARD; TERMS. (a) The
1881	1881	district is governed by a board of five directors.
1882	1882	(b) The directors serve staggered four-year terms. (Acts
1883	1883	69th Leg., R.S., Ch. 377, Secs. 15(a), (f); Acts 72nd Leg., R.S.,
1884	1884	Ch. 757, Sec. 3(b) (part).)
1885	1885	Sec. 8886.102. ELECTION OF DIRECTORS. One director is
1886	1886	elected from each county commissioners precinct in Sutton County.
1887	1887	One director is elected at large. (Acts 69th Leg., R.S., Ch. 377,
1888	1888	Sec. 15(c).)
1889	1889	Sec. 8886.103. ELECTION DATE. The district shall hold an
1890	1890	election to elect directors on the uniform election date in May of
1891	1891	each odd-numbered year or another date authorized by law. (Acts
1892	1892	69th Leg., R.S., Ch. 377, Sec. 15(e); New.)
1893	1893	Sec. 8886.104. QUALIFICATIONS FOR OFFICE. (a) To be
1894	1894	qualified for election as a director, a person must be:
1895	1895	(1) a resident of the district; and
1896	1896	(2) at least 18 years of age.
1897	1897	(b) To be qualified for election as a director from a
1898	1898	precinct, a person must be a resident of the precinct from which the
1899	1899	person is elected. (Acts 69th Leg., R.S., Ch. 377, Secs. 15(b),
1900	1900	(d).)
1901	1901	SUBCHAPTER D. POWERS AND DUTIES
1902	1902	Sec. 8886.151. GENERAL POWERS AND DUTIES. Except as
1903	1903	otherwise provided by this chapter, the district may exercise:
1904	1904	(1) the powers essential to accomplish the purposes of
1905	1905	Section 59, Article XVI, Texas Constitution; and
1906	1906	(2) the rights, powers, and functions provided by this
1907	1907	chapter and Chapters 36 and 51, Water Code. (Acts 69th Leg., R.S.,
1908	1908	Ch. 377, Sec. 2.)
1909	1909	Sec. 8886.152. ADMINISTRATIVE PROCEDURES. Except as
1910	1910	otherwise provided by this chapter, the administrative and
1911	1911	procedural provisions of Chapters 36 and 51, Water Code, apply to
1912	1912	the district. (Acts 69th Leg., R.S., Ch. 377, Sec. 8.)
1913	1913	Sec. 8886.153. WELL PERMITS. (a) The board may:
1914	1914	(1) require a permit for drilling, equipping, or
1915	1915	completing a well in a groundwater reservoir in the district; and
1916	1916	(2) issue a permit that imposes terms relating to
1917	1917	drilling, equipping, or completing a well that are necessary to
1918	1918	prevent waste or conserve, preserve, and protect groundwater.
1919	1919	(b) The board may not deny an owner of land, or the owner's
1920	1920	heirs, assigns, and lessees, a permit to drill a well on that land
1921	1921	or the right to produce groundwater from that well, subject to rules
1922	1922	adopted under this chapter. (Acts 69th Leg., R.S., Ch. 377, Secs.
1923	1923	7(b), (c) (part).)
1924	1924	Sec. 8886.154. WELL SPACING AND PRODUCTION. To minimize as
1925	1925	far as practicable the drawdown of the water table or the reduction
1926	1926	of the artesian pressure, the board may provide for spacing wells
1927	1927	that are producing water from a groundwater reservoir in the
1928	1928	district and may regulate the production from those wells. (Acts
1929	1929	69th Leg., R.S., Ch. 377, Sec. 7(c) (part).)
1930	1930	Sec. 8886.155. LOGS. The board may require that:
1931	1931	(1) accurate driller's logs be kept of wells in any
1932	1932	groundwater reservoir in the district; and
1933	1933	(2) a copy of driller's logs and of any electric logs
1934	1934	that are made of the wells be filed with the district. (Acts 69th
1935	1935	Leg., R.S., Ch. 377, Sec. 7(d) (part).)
1936	1936	Sec. 8886.156. AVAILABLE GROUNDWATER. The board shall
1937	1937	determine the quantity of the groundwater available for production
1938	1938	and use and the improvements, developments, and recharges that will
1939	1939	be necessary for any groundwater reservoirs in the district. (Acts
1940	1940	69th Leg., R.S., Ch. 377, Sec. 7(f) (part).)
1941	1941	Sec. 8886.157. SURVEYS. The board may have a licensed
1942	1942	engineer survey the groundwater of any groundwater reservoir in the
1943	1943	district and the facilities for the development, production, and
1944	1944	use of groundwater from any reservoir in the district. (Acts 69th
1945	1945	Leg., R.S., Ch. 377, Sec. 7(f) (part).)
1946	1946	Sec. 8886.158. RESEARCH AND DETERMINATIONS REGARDING
1947	1947	GROUNDWATER WITHDRAWAL. The district may carry out research
1948	1948	projects, develop information, and determine limitations, if any,
1949	1949	that should be placed on the withdrawal of groundwater. (Acts 69th
1950	1950	Leg., R.S., Ch. 377, Sec. 7(h).)
1951	1951	Sec. 8886.159. COLLECTION AND PRESERVATION OF INFORMATION.
1952	1952	The district may collect and preserve information regarding the use
1953	1953	of the groundwater and the practicability of recharge of a
1954	1954	groundwater reservoir in the district. (Acts 69th Leg., R.S., Ch.
1955	1955	377, Sec. 7(i).)
1956	1956	Sec. 8886.160. CONTRACT FOR SALE AND DISTRIBUTION OF WATER.
1957	1957	The district may contract for, sell, and distribute water from a
1958	1958	water import authority or other agency. (Acts 69th Leg., R.S., Ch.
1959	1959	377, Sec. 7(k).)
1960	1960	Sec. 8886.161. ACQUISITION OF LAND. The board may acquire
1961	1961	land to:
1962	1962	(1) erect a dam;
1963	1963	(2) drain a lake, draw, depression, or creek; and
1964	1964	(3) install pumps and other equipment necessary to
1965	1965	recharge a groundwater reservoir in the district. (Acts 69th Leg.,
1966	1966	R.S., Ch. 377, Sec. 7(e).)
1967	1967	Sec. 8886.162. ELECTIONS. The district shall conduct
1968	1968	elections in the manner provided by Chapter 51, Water Code. (Acts
1969	1969	69th Leg., R.S., Ch. 377, Sec. 16 (part).)
1970	1970	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
1971	1971	Sec. 8886.201. TAX AND BOND PROVISIONS. (a) Except as
1972	1972	otherwise provided by this chapter, the tax and bond provisions of
1973	1973	Chapters 36 and 51, Water Code, apply to the district.
1974	1974	(b) On approval of the majority of the voters in an election
1975	1975	called for that purpose, the district may impose an ad valorem tax
1976	1976	to pay the principal of and interest on bonds and to maintain the
1977	1977	district. The tax approved under this subsection may not exceed
1978	1978	five cents on each $100 of assessed valuation.
1979	1979	(c) At a regular meeting of the board, if the board
1980	1980	determines that the tax imposed under Subsection (b) is no longer
1981	1981	sufficient for the purposes stated in that subsection, the board
1982	1982	may call an election to be held to approve the imposition of an ad
1983	1983	valorem tax in excess of the limitation provided by Subsection (b).
1984	1984	If a majority of the voters approve the imposition of taxes in
1985	1985	excess of the limitation provided by Subsection (b), the district
1986	1986	may impose taxes in the amount approved by the voters at the
1987	1987	election called and held under this subsection. (Acts 69th Leg.,
1988	1988	R.S., Ch. 377, Secs. 12(a), (b) (part), (c).)
1989	1989	SUBCHAPTER F. DISSOLUTION OF DISTRICT
1990	1990	Sec. 8886.251. DISSOLUTION OF DISTRICT. The district may
1991	1991	be dissolved as provided by Chapter 36, Water Code. (Acts 69th
1992	1992	Leg., R.S., Ch. 377, Sec. 13.)
1993	1993	CHAPTER 8887. NORTH PLAINS GROUNDWATER CONSERVATION DISTRICT
1994	1994	SUBCHAPTER A. GENERAL PROVISIONS
1995	1995	Sec. 8887.001. DEFINITIONS
1996	1996	Sec. 8887.002. NATURE OF DISTRICT
1997	1997	Sec. 8887.003. FINDING OF BENEFIT
1998	1998	Sec. 8887.004. DISTRICT TERRITORY
1999	1999	SUBCHAPTER B. BOARD OF DIRECTORS
2000	2000	Sec. 8887.051. TERMS
2001	2001	Sec. 8887.052. ELECTION DATE
2002	2002	SUBCHAPTER C. POWERS AND DUTIES
2003	2003	Sec. 8887.101. GENERAL POWERS AND DUTIES
2004	2004	Sec. 8887.102. WELL PERMITS
2005	2005	Sec. 8887.103. WELL SPACING AND PRODUCTION
2006	2006	Sec. 8887.104. RECORDS AND REPORTS
2007	2007	Sec. 8887.105. LOGS
2008	2008	Sec. 8887.106. SURVEYS
2009	2009	Sec. 8887.107. RESEARCH AND DETERMINATIONS REGARDING
2010	2010	GROUNDWATER WITHDRAWAL
2011	2011	Sec. 8887.108. COLLECTION AND PRESERVATION OF
2012	2012	INFORMATION
2013	2013	Sec. 8887.109. RULES: PREVENTION OF WASTE
2014	2014	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
2015	2015	Sec. 8887.151. LIMITATION ON MAINTENANCE AND OPERATION
2016	2016	TAX
2017	2017	Sec. 8887.152. MAINTENANCE AND OPERATION TAX ELECTION
2018	2018	Sec. 8887.153. DISTRICT DEBT
2019	2019	CHAPTER 8887. NORTH PLAINS GROUNDWATER CONSERVATION DISTRICT
2020	2020	SUBCHAPTER A. GENERAL PROVISIONS
2021	2021	Sec. 8887.001. DEFINITIONS. In this chapter:
2022	2022	(1) "Board" means the district's board of directors.
2023	2023	(2) "Director" means a board member.
2024	2024	(3) "District" means the North Plains Groundwater
2025	2025	Conservation District. (Acts 54th Leg., R.S., Ch. 498, Sec. 2
2026	2026	(part); New.)
2027	2027	Sec. 8887.002. NATURE OF DISTRICT. The district is a
2028	2028	groundwater conservation district created under Section 59,
2029	2029	Article XVI, Texas Constitution. (Acts 54th Leg., R.S., Ch. 498,
2030	2030	Secs. 1 (part), 4 (part).)
2031	2031	Sec. 8887.003. FINDING OF BENEFIT. (a) All land and other
2032	2032	property in the district benefit from the:
2033	2033	(1) creation of the district;
2034	2034	(2) carrying out of the purposes for which the
2035	2035	district was created; and
2036	2036	(3) acquisition and construction of improvements to
2037	2037	carry out those purposes.
2038	2038	(b) The district is necessary to carry out the purposes of
2039	2039	Section 59, Article XVI, Texas Constitution. (Acts 54th Leg.,
2040	2040	R.S., Ch. 498, Sec. 4 (part).)
2041	2041	Sec. 8887.004. DISTRICT TERRITORY. The district is
2042	2042	composed of the territory described by Section 1, Chapter 498, Acts
2043	2043	of the 54th Legislature, Regular Session, 1955, as that territory
2044	2044	may have been modified under:
2045	2045	(1) Subchapter J or K, Chapter 36, Water Code; or
2046	2046	(2) other law. (Acts 54th Leg., R.S., Ch. 498, Sec. 1
2047	2047	(part); New.)
2048	2048	SUBCHAPTER B. BOARD OF DIRECTORS
2049	2049	Sec. 8887.051. TERMS. Directors serve staggered four-year
2050	2050	terms. (Acts 54th Leg., R.S., Ch. 498, Sec. 1A(a).)
2051	2051	Sec. 8887.052. ELECTION DATE. The district shall hold an
2052	2052	election to elect the appropriate number of directors on a uniform
2053	2053	election date in each even-numbered year. (Acts 54th Leg., R.S.,
2054	2054	Ch. 498, Sec. 1A(b).)
2055	2055	SUBCHAPTER C. POWERS AND DUTIES
2056	2056	Sec. 8887.101. GENERAL POWERS AND DUTIES. The district has
2057	2057	all of the rights, powers, privileges, and duties provided by
2058	2058	general law applicable to groundwater conservation districts
2059	2059	created under Section 59, Article XVI, Texas Constitution, and
2060	2060	Chapter 36, Water Code. (Acts 54th Leg., R.S., Ch. 498, Sec. 2
2061	2061	(part).)
2062	2062	Sec. 8887.102. WELL PERMITS. (a) The district may:
2063	2063	(1) require a permit for drilling, equipping, or
2064	2064	completing a well in a groundwater reservoir in the district; and
2065	2065	(2) issue a permit subject to terms relating to
2066	2066	drilling, equipping, or completing a well that are necessary to
2067	2067	prevent waste or contamination.
2068	2068	(b) The district may not deny an owner of land, or the
2069	2069	owner's heirs, assigns, and lessees, a permit to drill a well on
2070	2070	that land or to produce groundwater from that well subject to rules
2071	2071	adopted to prevent waste or contamination. (Acts 54th Leg., R.S.,
2072	2072	Ch. 498, Sec. 2 (part).)
2073	2073	Sec. 8887.103. WELL SPACING AND PRODUCTION. To minimize as
2074	2074	far as practicable the drawdown of the water table or the reduction
2075	2075	of the artesian pressure, the district may provide for the spacing
2076	2076	of wells producing from a groundwater reservoir or a subdivision of
2077	2077	a groundwater reservoir in the district and regulate the production
2078	2078	from those wells. (Acts 54th Leg., R.S., Ch. 498, Sec. 2 (part).)
2079	2079	Sec. 8887.104. RECORDS AND REPORTS. The district may
2080	2080	require that records be kept and reports be made of the drilling,
2081	2081	equipping, and completion of a well in a groundwater reservoir or a
2082	2082	subdivision of a groundwater reservoir in the district and the
2083	2083	taking and use of groundwater from those reservoirs or subdivisions
2084	2084	of those reservoirs. (Acts 54th Leg., R.S., Ch. 498, Sec. 2
2085	2085	(part).)
2086	2086	Sec. 8887.105. LOGS. The district may require that:
2087	2087	(1) accurate driller's logs be kept of the drilling,
2088	2088	equipping, and completion of a well in a groundwater reservoir or a
2089	2089	subdivision of a groundwater reservoir in the district; and
2090	2090	(2) a copy of a driller's log and of any electric log
2091	2091	that is made of the well be filed with the district. (Acts 54th
2092	2092	Leg., R.S., Ch. 498, Sec. 2 (part).)
2093	2093	Sec. 8887.106. SURVEYS. The district may have a licensed
2094	2094	engineer or qualified groundwater scientist survey the groundwater
2095	2095	of a groundwater reservoir or a subdivision of a groundwater
2096	2096	reservoir in the district and the facilities for the development,
2097	2097	production, and use of that groundwater to determine the:
2098	2098	(1) quantity of the groundwater available for
2099	2099	production and use; and
2100	2100	(2) improvements, developments, and recharges needed
2101	2101	for the groundwater reservoir or subdivision of a groundwater
2102	2102	reservoir. (Acts 54th Leg., R.S., Ch. 498, Sec. 2 (part).)
2103	2103	Sec. 8887.107. RESEARCH AND DETERMINATIONS REGARDING
2104	2104	GROUNDWATER WITHDRAWAL. The district may carry out research
2105	2105	projects, develop information, and determine limitations, if any,
2106	2106	that should be made on the withdrawal of water from a groundwater
2107	2107	reservoir or a subdivision of a groundwater reservoir in the
2108	2108	district. (Acts 54th Leg., R.S., Ch. 498, Sec. 2 (part).)
2109	2109	Sec. 8887.108. COLLECTION AND PRESERVATION OF INFORMATION.
2110	2110	The district may collect and preserve information regarding the use
2111	2111	of groundwater and the practicability of recharge of a groundwater
2112	2112	reservoir or a subdivision of a groundwater reservoir in the
2113	2113	district. (Acts 54th Leg., R.S., Ch. 498, Sec. 2 (part).)
2114	2114	Sec. 8887.109. RULES: PREVENTION OF WASTE. (a) In this
2115	2115	section, "waste" has the meaning assigned by Section 36.001, Water
2116	2116	Code.
2117	2117	(b) The district may adopt and enforce rules to prevent the
2118	2118	waste of the groundwater of any groundwater reservoir or
2119	2119	subdivision of a groundwater reservoir in the district. (Acts 54th
2120	2120	Leg., R.S., Ch. 498, Sec. 2 (part).)
2121	2121	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
2122	2122	Sec. 8887.151. LIMITATION ON MAINTENANCE AND OPERATION TAX.
2123	2123	To pay the maintenance and operating expenses of the district,
2124	2124	including the maintenance of its installations and activities, the
2125	2125	district may impose ad valorem taxes annually at a rate not to
2126	2126	exceed five cents on each $100 of assessed valuation on property in
2127	2127	the district subject to taxation. (Acts 54th Leg., R.S., Ch. 498,
2128	2128	Sec. 2 (part).)
2129	2129	Sec. 8887.152. MAINTENANCE AND OPERATION TAX ELECTION. The
2130	2130	district may order an election to impose taxes for the maintenance
2131	2131	of the district and its installations and activities. The election
2132	2132	must be held as is provided for elections authorizing the issuance
2133	2133	of bonds. (Acts 54th Leg., R.S., Ch. 498, Sec. 2 (part).)
2134	2134	Sec. 8887.153. DISTRICT DEBT. The district may incur all
2135	2135	indebtedness necessary to the achievement of the purposes for which
2136	2136	the district is created. (Acts 54th Leg., R.S., Ch. 498, Sec. 2
2137	2137	(part).)
2138	2138	CHAPTER 8888. NORTH HARRIS COUNTY REGIONAL WATER AUTHORITY
2139	2139	SUBCHAPTER A. GENERAL PROVISIONS
2140	2140	Sec. 8888.001. DEFINITIONS
2141	2141	Sec. 8888.002. NATURE OF AUTHORITY
2142	2142	Sec. 8888.003. FINDINGS OF PUBLIC USE AND BENEFIT
2143	2143	Sec. 8888.004. DISTRICTS IN AUTHORITY'S BOUNDARIES
2144	2144	Sec. 8888.005. APPLICABILITY OF OTHER LAW
2145	2145	SUBCHAPTER B. TERRITORY
2146	2146	Sec. 8888.051. AUTHORITY TERRITORY
2147	2147	Sec. 8888.052. LOCAL GOVERNMENT ANNEXATION
2148	2148	Sec. 8888.053. ADDITION OF WATER SYSTEM SERVICE AREA
2149	2149	Sec. 8888.054. INCLUSION OF CERTAIN TERRITORY
2150	2150	SUBCHAPTER C. AUTHORITY ADMINISTRATION
2151	2151	Sec. 8888.101. COMPOSITION OF BOARD
2152	2152	Sec. 8888.102. ELECTION OF DIRECTORS
2153	2153	Sec. 8888.103. ELECTION DATE
2154	2154	Sec. 8888.104. QUALIFICATION FOR OFFICE
2155	2155	Sec. 8888.105. BOARD VACANCY
2156	2156	Sec. 8888.106. MEETINGS
2157	2157	Sec. 8888.107. GENERAL MANAGER
2158	2158	Sec. 8888.108. EMPLOYEES
2159	2159	Sec. 8888.109. FIDELITY BOND
2160	2160	SUBCHAPTER D. POWERS AND DUTIES
2161	2161	Sec. 8888.151. GENERAL POWERS AND DUTIES
2162	2162	Sec. 8888.152. ADDITIONAL POWERS
2163	2163	Sec. 8888.153. AUTHORITY RULES
2164	2164	Sec. 8888.154. FEES, RATES, AND CHARGES
2165	2165	Sec. 8888.155. FEE AMOUNTS
2166	2166	Sec. 8888.156. PRODUCTION FEES
2167	2167	Sec. 8888.157. GROUNDWATER REDUCTION PLAN
2168	2168	Sec. 8888.158. WATER SUPPLY AND DROUGHT CONTINGENCY
2169	2169	PLANS
2170	2170	Sec. 8888.159. ACQUISITION, CONSTRUCTION, AND
2171	2171	OPERATION OF SYSTEMS
2172	2172	Sec. 8888.160. STORAGE, SALE, OR REUSE OF WATER OR
2173	2173	BY-PRODUCT
2174	2174	Sec. 8888.161. GENERAL CONTRACTING AUTHORITY
2175	2175	Sec. 8888.162. SPECIFIC CONTRACTING AUTHORITY
2176	2176	Sec. 8888.163. PURCHASE OF SURPLUS PROPERTY
2177	2177	Sec. 8888.164. PURCHASE OF INTEREST IN PROJECT
2178	2178	Sec. 8888.165. COOPERATION WITH PUBLIC ENTITIES
2179	2179	Sec. 8888.166. SURFACE WATER DELIVERY SYSTEM
2180	2180	Sec. 8888.167. CONDITIONAL APPROVAL OF CONSTRUCTION
2181	2181	PROJECTS
2182	2182	Sec. 8888.168. STATEMENT OF AMOUNTS OF WATER TO BE
2183	2183	DELIVERED
2184	2184	Sec. 8888.169. EFFECT OF MUNICIPAL ANNEXATION ON FEES
2185	2185	AND SERVICES
2186	2186	Sec. 8888.170. CIVIL PENALTY; CIVIL ACTION; INJUNCTION
2187	2187	Sec. 8888.171. EMINENT DOMAIN
2188	2188	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
2189	2189	Sec. 8888.201. GIFT OR GRANT FROM SUBSIDENCE DISTRICT
2190	2190	Sec. 8888.202. AUTHORIZATION OF DISBURSEMENT
2191	2191	Sec. 8888.203. AD VALOREM TAX PROHIBITED
2192	2192	Sec. 8888.204. COOPERATIVE FUNDING
2193	2193	SUBCHAPTER F. NOTES AND BONDS
2194	2194	Sec. 8888.251. REVENUE NOTES
2195	2195	Sec. 8888.252. REVENUE AND BOND ANTICIPATION NOTES
2196	2196	Sec. 8888.253. BONDS AND NOTES
2197	2197	Sec. 8888.254. BONDS SECURED BY CONTRACT PROCEEDS:
2198	2198	APPROVAL
2199	2199	Sec. 8888.255. REFUNDING BONDS
2200	2200	Sec. 8888.256. VALIDITY OF BONDS AFTER ADDITION OF
2201	2201	TERRITORY
2202	2202	CHAPTER 8888. NORTH HARRIS COUNTY REGIONAL WATER AUTHORITY
2203	2203	SUBCHAPTER A. GENERAL PROVISIONS
2204	2204	Sec. 8888.001. DEFINITIONS. In this chapter:
2205	2205	(1) "Agricultural crop" means:
2206	2206	(A) a food or fiber commodity grown for resale or
2207	2207	commercial purposes that provides food, clothing, or animal feed;
2208	2208	or
2209	2209	(B) a nursery product or florist item that is in
2210	2210	the possession of a nursery grower.
2211	2211	(2) "Authority" means the North Harris County Regional
2212	2212	Water Authority.
2213	2213	(3) "Board" means the authority's board of directors.
2214	2214	(4) "Commission" means the Texas Commission on
2215	2215	Environmental Quality.
2216	2216	(5) "Director" means a member of the board.
2217	2217	(6) "Florist item" means a cut flower, potted plant,
2218	2218	blooming plant, inside foliage plant, bedding plant, corsage
2219	2219	flower, cut foliage, floral decoration, or live decorative
2220	2220	material.
2221	2221	(7) "Groundwater reduction plan" means a plan adopted
2222	2222	or implemented to supply water, reduce reliance on groundwater,
2223	2223	regulate groundwater pumping and water usage, or require and
2224	2224	allocate water usage among persons in order to comply with or exceed
2225	2225	the minimum requirements imposed by the subsidence district,
2226	2226	including any applicable groundwater reduction requirements.
2227	2227	(8) "Local government" means a municipality, county,
2228	2228	special district, or other political subdivision of this state or a
2229	2229	combination of two or more of those entities.
2230	2230	(9) "Nursery grower" means a person who grows, in any
2231	2231	medium, more than 50 percent of the nursery products or florist
2232	2232	items that the person sells or leases, regardless of the variety
2233	2233	sold, leased, or grown. For the purposes of this definition, "grow"
2234	2234	means the actual cultivation or propagation of the nursery product
2235	2235	or florist item beyond the mere holding or maintaining of the item
2236	2236	before sale or lease and typically includes activities associated
2237	2237	with the production or multiplying of stock such as the development
2238	2238	of new plants from cuttings, grafts, plugs, or seedlings.
2239	2239	(10) "Nursery product" includes a tree, shrub, vine,
2240	2240	cutting, graft, scion, grass, bulb, or bud that is grown for, kept
2241	2241	for, or capable of propagation and distribution for sale or lease.
2242	2242	(11) "Subsidence" means the lowering in elevation of
2243	2243	the surface of land by the withdrawal of groundwater.
2244	2244	(12) "Subsidence district" means the Harris-Galveston
2245	2245	Subsidence District.
2246	2246	(13) "System" means a network of pipelines, conduits,
2247	2247	canals, pumping stations, force mains, and treatment plants, and
2248	2248	any other construction, device, or related appurtenance, used to
2249	2249	treat or transport water.
2250	2250	(14) "Water" includes:
2251	2251	(A) groundwater, percolating or otherwise;
2252	2252	(B) any surface water, natural or artificial,
2253	2253	navigable or nonnavigable; and
2254	2254	(C) industrial and municipal wastewater. (Acts
2255	2255	76th Leg., R.S., Ch. 1029, Secs. 1.01(a) (part), 1.02(1), (2), (3),
2256	2256	(4), (5), (7), (8), (9), (10), (11), (12) as added Acts 77th Leg.,
2257	2257	R.S., Ch. 232, (12) as added Acts 77th Leg., R.S., Ch. 1296, (13),
2258	2258	(14).)
2259	2259	Sec. 8888.002. NATURE OF AUTHORITY. The authority is a
2260	2260	regional water authority in Harris County created under and
2261	2261	essential to accomplish the purposes of Section 59, Article XVI,
2262	2262	Texas Constitution. (Acts 76th Leg., R.S., Ch. 1029, Secs. 1.01(a)
2263	2263	(part), (b).)
2264	2264	Sec. 8888.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
2265	2265	authority is created to serve a public use and benefit.
2266	2266	(b) All land and other property included in the authority
2267	2267	will benefit from the works and projects accomplished by the
2268	2268	authority under the powers provided by this chapter. (Acts 76th
2269	2269	Leg., R.S., Ch. 1029, Sec. 1.06.)
2270	2270	Sec. 8888.004. DISTRICTS IN AUTHORITY'S BOUNDARIES. A
2271	2271	district in the authority's boundaries retains the district's
2272	2272	separate identity, powers, and duties. The district is subject to
2273	2273	the authority's powers and duties, including those powers and
2274	2274	duties necessary to develop, implement, and enforce a groundwater
2275	2275	reduction plan. (Acts 76th Leg., R.S., Ch. 1029, Sec. 4.14.)
2276	2276	Sec. 8888.005. APPLICABILITY OF OTHER LAW. (a) This
2277	2277	chapter prevails over any inconsistent provision of general law.
2278	2278	(b) This chapter does not prevail over or preempt a
2279	2279	provision of Chapter 8801 of this code or Chapter 36, Water Code,
2280	2280	that is being implemented by the subsidence district.
2281	2281	(c) The following laws do not apply to the authority:
2282	2282	(1) Chapter 36, Water Code;
2283	2283	(2) Section 49.052, Water Code; and
2284	2284	(3) Sections 49.451-49.455, Water Code. (Acts 76th
2285	2285	Leg., R.S., Ch. 1029, Sec. 1.05.)
2286	2286	SUBCHAPTER B. TERRITORY
2287	2287	Sec. 8888.051. AUTHORITY TERRITORY. The authority is
2288	2288	composed of the territory described by Sections 1.03(a), (b),
2289	2289	(b-1), (b-2), (c), and (e), Chapter 1029, Acts of the 76th
2290	2290	Legislature, Regular Session, 1999, as that territory may have been
2291	2291	modified under:
2292	2292	(1) this subchapter or the following predecessor
2293	2293	statutes:
2294	2294	(A) Sections 1.03(f) and (g), Chapter 1029, Acts
2295	2295	of the 76th Legislature, Regular Session, 1999; or
2296	2296	(B) Section 1.045, Chapter 1029, Acts of the 76th
2297	2297	Legislature, Regular Session, 1999; or
2298	2298	(2) Subchapter J, Chapter 49, Water Code. (New.)
2299	2299	Sec. 8888.052. LOCAL GOVERNMENT ANNEXATION. Territory
2300	2300	annexed by a local government located in the authority becomes
2301	2301	territory of the authority on the effective date of the annexation
2302	2302	unless the annexed territory is included in another local
2303	2303	government's approved groundwater reduction plan as of the
2304	2304	effective date of the annexation. The authority by rule may require
2305	2305	the local government to send the authority:
2306	2306	(1) written notice of the effective date of an
2307	2307	annexation; and
2308	2308	(2) copies of documents describing the annexed land
2309	2309	and the new boundaries of the local government. (Acts 76th Leg.,
2310	2310	R.S., Ch. 1029, Sec. 1.03(f).)
2311	2311	Sec. 8888.053. ADDITION OF WATER SYSTEM SERVICE AREA. If
2312	2312	territory is added to the service area of a person owning a water
2313	2313	system located in the authority, the territory becomes territory of
2314	2314	the authority on the effective date of the territory's addition to
2315	2315	the service area unless the added territory is included in another
2316	2316	local government's approved groundwater reduction plan as of the
2317	2317	effective date of the addition. The authority by rule may require
2318	2318	the person to send the authority:
2319	2319	(1) written notice of the effective date of an
2320	2320	addition of territory; and
2321	2321	(2) copies of documents describing the added territory
2322	2322	and the new boundaries of the person's service area. (Acts 76th
2323	2323	Leg., R.S., Ch. 1029, Sec. 1.03(g).)
2324	2324	Sec. 8888.054. INCLUSION OF CERTAIN TERRITORY. (a) The
2325	2325	board of directors of a district organized under Section 52,
2326	2326	Article III, or Section 59, Article XVI, Texas Constitution, all or
2327	2327	part of which is not included in the authority, by petition may
2328	2328	request the district's territory to be included in the authority's
2329	2329	territory. The petition must:
2330	2330	(1) be filed with the authority; and
2331	2331	(2) include an accurate legal description of the
2332	2332	boundaries of the territory to be included.
2333	2333	(b) If the authority has bonds, notes, or other obligations
2334	2334	outstanding, the board shall require the petitioning district to
2335	2335	assume the district's share of the outstanding bonds, notes, or
2336	2336	other obligations.
2337	2337	(c) Before the 61st day after the date the authority
2338	2338	receives the petition, the board shall hold a hearing to consider
2339	2339	the petition. The board may grant the petition and order the
2340	2340	territory described in the petition to be included in the
2341	2341	authority's territory if:
2342	2342	(1) it is feasible, practicable, and to the advantage
2343	2343	of the authority; and
2344	2344	(2) the authority's system and other improvements of
2345	2345	the authority are sufficient or will be sufficient to supply the
2346	2346	added territory without injuring the territory already included in
2347	2347	the authority.
2348	2348	(d) If the board grants the petition, the board shall file
2349	2349	for recording in the office of the county clerk of Harris County:
2350	2350	(1) a copy of the order; and
2351	2351	(2) a description of the authority's boundaries as
2352	2352	they exist after the inclusion of the territory.
2353	2353	(e) The order including the territory is effective
2354	2354	immediately after the order and description are recorded.
2355	2355	(f) Except as provided by Subsection (g), a district that
2356	2356	petitions to be included in the authority's territory is subject to
2357	2357	the fees and reimbursements that are in effect at the time of the
2358	2358	district's petition and are applicable to such a petitioner.
2359	2359	(g) The authority may not require a district that petitioned
2360	2360	before January 1, 2002, to be included in the authority's territory
2361	2361	to pay a fee to the authority for admission or reimbursement for
2362	2362	activities the authority has undertaken since the authority's
2363	2363	creation in the furtherance of the authority's duties and
2364	2364	functions. (Acts 76th Leg., R.S., Ch. 1029, Sec. 1.045.)
2365	2365	SUBCHAPTER C. AUTHORITY ADMINISTRATION
2366	2366	Sec. 8888.101. COMPOSITION OF BOARD. The authority is
2367	2367	governed by a board of five elected directors. (Acts 76th Leg.,
2368	2368	R.S., Ch. 1029, Secs. 2.01(a), 2.02(a) (part).)
2369	2369	Sec. 8888.102. ELECTION OF DIRECTORS. (a) One director is
2370	2370	elected from each of five single-member voting districts by the
2371	2371	voters of the voting district.
2372	2372	(b) A person shall indicate on the application for a place
2373	2373	on the ballot the voting district the person seeks to represent.
2374	2374	(c) In the manner described by Section 49.103(d), Water
2375	2375	Code, the board shall redraw the single-member voting districts as
2376	2376	soon as practicable after each federal decennial census and as
2377	2377	otherwise required by law.
2378	2378	(d) At the first election after each time the voting
2379	2379	districts are redrawn:
2380	2380	(1) five new directors shall be elected to represent
2381	2381	the single-member voting districts; and
2382	2382	(2) the directors elected shall draw lots to determine
2383	2383	the directors' terms so that:
2384	2384	(A) two directors serve two-year terms; and
2385	2385	(B) three directors serve four-year terms.
2386	2386	(e) Subchapter C, Chapter 146, Election Code, applies to the
2387	2387	consideration of votes for a write-in candidate for director as if
2388	2388	the authority were a municipality. (Acts 76th Leg., R.S., Ch. 1029,
2389	2389	Sec. 2.02.)
2390	2390	Sec. 8888.103. ELECTION DATE. The authority shall hold an
2391	2391	election to elect the appropriate number of directors to the board
2392	2392	on a uniform election date in each even-numbered year. (Acts 76th
2393	2393	Leg., R.S., Ch. 1029, Sec. 2.06.)
2394	2394	Sec. 8888.104. QUALIFICATION FOR OFFICE. To be eligible to
2395	2395	serve as a director, a person must be a qualified voter in the
2396	2396	voting district from which the person is elected or appointed.
2397	2397	(Acts 76th Leg., R.S., Ch. 1029, Sec. 2.01(c).)
2398	2398	Sec. 8888.105. BOARD VACANCY. (a) The board shall appoint
2399	2399	a person to fill a vacancy in the office of director.
2400	2400	(b) The appointed person serves until the next directors'
2401	2401	election.
2402	2402	(c) If the position is not scheduled to be filled at the
2403	2403	election, the person elected to fill the position serves only for
2404	2404	the remainder of the unexpired term. (Acts 76th Leg., R.S., Ch.
2405	2405	1029, Sec. 2.01(b).)
2406	2406	Sec. 8888.106. MEETINGS. The board shall meet at least four
2407	2407	times each year and may meet at any other time the board considers
2408	2408	appropriate. (Acts 76th Leg., R.S., Ch. 1029, Sec. 3.01.)
2409	2409	Sec. 8888.107. GENERAL MANAGER. (a) The board shall employ
2410	2410	a general manager to serve as the chief administrative officer of
2411	2411	the authority. The board may delegate to the general manager the
2412	2412	full authority to manage and operate the affairs of the authority
2413	2413	subject only to the orders of the board.
2414	2414	(b) The duties of the general manager include:
2415	2415	(1) administering board orders;
2416	2416	(2) coordinating with state, federal, and local
2417	2417	agencies;
2418	2418	(3) overseeing development of authority plans and
2419	2419	programs; and
2420	2420	(4) performing other duties assigned by the board.
2421	2421	(c) The board shall determine the terms of office and
2422	2422	employment and the compensation of the general manager.
2423	2423	(d) The board may discharge the general manager by a
2424	2424	majority vote of the board. (Acts 76th Leg., R.S., Ch. 1029, Sec.
2425	2425	3.02.)
2426	2426	Sec. 8888.108. EMPLOYEES. (a) The general manager shall
2427	2427	employ all persons necessary to properly handle authority business
2428	2428	and operations. The general manager may employ attorneys,
2429	2429	bookkeepers, engineers, and other expert and specialized employees
2430	2430	the board considers necessary.
2431	2431	(b) The general manager shall determine the compensation to
2432	2432	be paid by the authority.
2433	2433	(c) The general manager may discharge an authority
2434	2434	employee. (Acts 76th Leg., R.S., Ch. 1029, Secs. 3.03(a), (b).)
2435	2435	Sec. 8888.109. FIDELITY BOND. The general manager and each
2436	2436	authority employee or contractor who is charged with the
2437	2437	collection, custody, or payment of any authority money shall
2438	2438	execute a fidelity bond in an amount determined by the board and in
2439	2439	a form and with a surety approved by the board. The authority shall
2440	2440	pay for the bond. (Acts 76th Leg., R.S., Ch. 1029, Sec. 3.03(c).)
2441	2441	SUBCHAPTER D. POWERS AND DUTIES
2442	2442	Sec. 8888.151. GENERAL POWERS AND DUTIES. (a) The
2443	2443	authority has the rights, powers, privileges, functions, and duties
2444	2444	necessary and convenient to accomplish the purposes of this
2445	2445	chapter, including those provided by Chapter 49, Water Code.
2446	2446	(b) The authority shall exercise its rights, powers, and
2447	2447	privileges in a manner that will promote regionalization of water
2448	2448	treatment and distribution. (Acts 76th Leg., R.S., Ch. 1029, Secs.
2449	2449	4.01(a), (d).)
2450	2450	Sec. 8888.152. ADDITIONAL POWERS. The authority may:
2451	2451	(1) provide for the conservation, preservation,
2452	2452	protection, recharge, and prevention of waste of groundwater in a
2453	2453	manner consistent with the purposes of Section 59, Article XVI,
2454	2454	Texas Constitution;
2455	2455	(2) for the purposes of reducing groundwater
2456	2456	withdrawals and subsidence, acquire or develop surface water and
2457	2457	groundwater supplies from sources inside or outside the authority
2458	2458	and may conserve, store, transport, treat, purify, distribute,
2459	2459	sell, and deliver water to persons inside and outside the
2460	2460	authority;
2461	2461	(3) coordinate water services provided inside,
2462	2462	outside, or into the authority;
2463	2463	(4) provide for the reduction of groundwater
2464	2464	withdrawals by the development, implementation, or enforcement of a
2465	2465	groundwater reduction plan as provided by Section 8888.157;
2466	2466	(5) identify sources of water other than groundwater
2467	2467	to be provided by the authority;
2468	2468	(6) specify the rates and terms under which sources of
2469	2469	water other than groundwater will be provided by the authority,
2470	2470	which may be changed as considered necessary by the authority;
2471	2471	(7) specify the dates and extent to which each person
2472	2472	in the authority shall accept water from the authority; and
2473	2473	(8) administer and enforce this chapter. (Acts 76th
2474	2474	Leg., R.S., Ch. 1029, Sec. 4.01(b) (part).)
2475	2475	Sec. 8888.153. AUTHORITY RULES. (a) The authority shall
2476	2476	adopt and enforce rules reasonably required to implement this
2477	2477	chapter, including rules governing procedures before the board.
2478	2478	(b) The board shall compile the authority's rules in a book
2479	2479	and make the rules available for use and inspection at the
2480	2480	authority's principal office. (Acts 76th Leg., R.S., Ch. 1029, Sec.
2481	2481	4.02.)
2482	2482	Sec. 8888.154. FEES, RATES, AND CHARGES. As necessary to
2483	2483	enable the authority to fulfill the authority's purposes and
2484	2484	regulatory obligations provided by this chapter, the authority may
2485	2485	establish:
2486	2486	(1) fees, rates, and charges; and
2487	2487	(2) classifications of fee and rate payers. (Acts 76th
2488	2488	Leg., R.S., Ch. 1029, Sec. 4.03(a).)
2489	2489	Sec. 8888.155. FEE AMOUNTS. Fees established by the board
2490	2490	must be sufficient to:
2491	2491	(1) achieve water conservation;
2492	2492	(2) prevent waste of water;
2493	2493	(3) serve as a disincentive to pumping groundwater;
2494	2494	(4) accomplish the purposes of this chapter, including
2495	2495	making available alternative water supplies;
2496	2496	(5) enable the authority to meet operation and
2497	2497	maintenance expenses; and
2498	2498	(6) pay the principal of and interest on debt issued in
2499	2499	connection with the exercise of the authority's general powers and
2500	2500	duties. (Acts 76th Leg., R.S., Ch. 1029, Sec. 4.03(c).)
2501	2501	Sec. 8888.156. PRODUCTION FEES. (a) The authority may
2502	2502	charge the owner of a well located in the authority a fee on the
2503	2503	amount of water pumped from the well. The board shall establish the
2504	2504	rate of a fee under this subsection only after a special meeting on
2505	2505	the fee.
2506	2506	(b) The board by rule shall exempt from the fee established
2507	2507	under Subsection (a) each class of wells that is not subject to a
2508	2508	groundwater reduction requirement imposed by the subsidence
2509	2509	district. If an exempted class of wells becomes subject to a
2510	2510	groundwater reduction requirement imposed by the subsidence
2511	2511	district, the authority may charge the fee established under
2512	2512	Subsection (a) on the wells of that class. The board by rule may
2513	2513	exempt any other class of wells from the fee established under
2514	2514	Subsection (a).
2515	2515	(c) Notwithstanding any other law, the authority may charge
2516	2516	a fee established under Subsection (a) on a well or class of wells
2517	2517	located in the authority that, on or after June 30, 2013:
2518	2518	(1) ceases to be subject to a groundwater reduction
2519	2519	requirement imposed by the subsidence district; or
2520	2520	(2) is no longer subject to the regulatory provisions,
2521	2521	permitting requirements, or jurisdiction of the subsidence
2522	2522	district.
2523	2523	(d) The board may not apply the fee established under
2524	2524	Subsection (a) to a well:
2525	2525	(1) with a casing diameter of less than five inches
2526	2526	that serves a single-family dwelling;
2527	2527	(2) regulated under Chapter 27, Water Code;
2528	2528	(3) used for irrigation of agricultural crops; or
2529	2529	(4) used solely for electric generation. (Acts 76th
2530	2530	Leg., R.S., Ch. 1029, Secs. 4.03(b), (e).)
2531	2531	Sec. 8888.157. GROUNDWATER REDUCTION PLAN. (a) The
2532	2532	authority may develop, implement, participate in, and enforce a
2533	2533	groundwater reduction plan. The groundwater reduction plan is
2534	2534	binding on persons and wells in the authority.
2535	2535	(b) The groundwater reduction plan may be amended at the
2536	2536	discretion of the authority subject to the requirements and
2537	2537	procedures of the subsidence district applicable to the amendment
2538	2538	of groundwater reduction plans.
2539	2539	(c) The groundwater reduction plan may exceed the minimum
2540	2540	requirements imposed by the subsidence district, including any
2541	2541	applicable groundwater reduction requirements.
2542	2542	(d) The authority may contract on mutually agreeable terms
2543	2543	with a person located outside the authority to allow the person to
2544	2544	be included in the groundwater reduction plan. A contract entered
2545	2545	into under this subsection has the same force and effect as if the
2546	2546	person were located in the authority, except that the person is not
2547	2547	entitled to vote in an election for members of the board. (Acts 76th
2548	2548	Leg., R.S., Ch. 1029, Secs. 4.01(e), (f), (g), (h).)
2549	2549	Sec. 8888.158. WATER SUPPLY AND DROUGHT CONTINGENCY PLANS.
2550	2550	As needed but not less frequently than every five years, the
2551	2551	authority by rule shall develop, prepare, revise, and adopt
2552	2552	comprehensive water supply and drought contingency plans for
2553	2553	various areas of the authority. The plans must:
2554	2554	(1) be consistent with regional planning; and
2555	2555	(2) include 10-year, 20-year, and 50-year projections
2556	2556	of water needs in the authority. (Acts 76th Leg., R.S., Ch. 1029,
2557	2557	Sec. 4.05.)
2558	2558	Sec. 8888.159. ACQUISITION, CONSTRUCTION, AND OPERATION OF
2559	2559	SYSTEMS. (a) The authority may:
2560	2560	(1) by purchase, gift, lease, contract, or any other
2561	2561	legal means, acquire and provide a water treatment or supply
2562	2562	system, or any other work, plant, improvement, or facility
2563	2563	necessary or convenient to accomplish the purposes of the
2564	2564	authority, or any interest in those assets, inside or outside the
2565	2565	authority;
2566	2566	(2) design, finance, or construct a water treatment or
2567	2567	supply system, or other supply system, or any other work, plant,
2568	2568	improvement, or facility necessary or convenient to accomplish the
2569	2569	purposes of the authority, and provide water services inside or
2570	2570	outside the authority;
2571	2571	(3) maintain, operate, lease, or sell a water
2572	2572	treatment or supply system, or any other work, plant, improvement,
2573	2573	or facility necessary or convenient to accomplish the purposes of
2574	2574	the authority, that the authority constructs or acquires inside or
2575	2575	outside the authority; or
2576	2576	(4) contract with a person who owns a water treatment
2577	2577	or supply system to operate or maintain the system.
2578	2578	(b) The authority shall give a person outside the authority,
2579	2579	including the City of Houston, the option to contract for available
2580	2580	excess capacity of the authority's water treatment or supply system
2581	2581	or, before construction of a water treatment or supply system
2582	2582	begins, for additional capacity of the system. The authority must
2583	2583	offer a contract that would enable the person to pay for the excess
2584	2584	or additional capacity in accordance with the person's pro rata
2585	2585	share of the capital investment and operational and maintenance
2586	2586	costs for providing the excess or additional capacity. (Acts 76th
2587	2587	Leg., R.S., Ch. 1029, Sec. 4.06.)
2588	2588	Sec. 8888.160. STORAGE, SALE, OR REUSE OF WATER OR
2589	2589	BY-PRODUCT. The authority may store, sell, or reuse:
2590	2590	(1) water; or
2591	2591	(2) any by-product from the authority's operations.
2592	2592	(Acts 76th Leg., R.S., Ch. 1029, Sec. 4.07.)
2593	2593	Sec. 8888.161. GENERAL CONTRACTING AUTHORITY. (a) The
2594	2594	authority may enter into a contract with any person on terms the
2595	2595	board considers desirable, fair, and advantageous for the
2596	2596	performance of its rights and powers under this chapter.
2597	2597	(b) The authority may enter into a contract with any person
2598	2598	regarding the performance of any purpose or function of the
2599	2599	authority, including a contract to jointly construct, finance, own,
2600	2600	or operate works, improvements, facilities, plants, equipment, or
2601	2601	appliances necessary to accomplish a purpose or function of the
2602	2602	authority. A contract may be of unlimited duration.
2603	2603	(c) Notwithstanding any inconsistent provision of general
2604	2604	law or of a home-rule municipal charter or ordinance, the authority
2605	2605	and a municipality may, after January 1, 2002, enter into a contract
2606	2606	of unlimited duration. (Acts 76th Leg., R.S., Ch. 1029, Secs.
2607	2607	4.01(b) (part), 4.09(a), 4.10(d); Acts 78th Leg., R.S., Ch. 381,
2608	2608	Sec. 6.)
2609	2609	Sec. 8888.162. SPECIFIC CONTRACTING AUTHORITY. The
2610	2610	authority may contract for:
2611	2611	(1) the purchase or sale of water or water rights;
2612	2612	(2) the performance of activities within the powers of
2613	2613	the authority to promote the continuing and orderly development of
2614	2614	land and property in the authority through the purchase,
2615	2615	construction, or installation of works, improvements, facilities,
2616	2616	plants, equipment, or appliances so that, to the greatest extent
2617	2617	possible considering sound engineering practices and economic
2618	2618	feasibility, all the land and property in the authority may receive
2619	2619	services of the works, improvements, facilities, plants,
2620	2620	equipment, or appliances of the authority; or
2621	2621	(3) the construction, ownership, maintenance, or
2622	2622	operation of any works, improvements, facilities, plants,
2623	2623	equipment, or appliances of the authority or another person. (Acts
2624	2624	76th Leg., R.S., Ch. 1029, Sec. 4.09(c).)
2625	2625	Sec. 8888.163. PURCHASE OF SURPLUS PROPERTY. (a) The
2626	2626	authority may purchase surplus property from this state, the United
2627	2627	States, or another public entity through a negotiated contract
2628	2628	without bids.
2629	2629	(b) An officer, agent, or employee of the authority who is
2630	2630	financially interested in a contract described by Subsection (a)
2631	2631	shall disclose the interest to the board before the board votes on
2632	2632	the acceptance of the contract. (Acts 76th Leg., R.S., Ch. 1029,
2633	2633	Secs. 4.09(d), (e).)
2634	2634	Sec. 8888.164. PURCHASE OF INTEREST IN PROJECT. The
2635	2635	authority may purchase an interest in a project used for a purpose
2636	2636	or function of the authority. (Acts 76th Leg., R.S., Ch. 1029, Sec.
2637	2637	4.09(b).)
2638	2638	Sec. 8888.165. COOPERATION WITH PUBLIC ENTITIES. (a) In
2639	2639	implementing this chapter, the board may cooperate with and request
2640	2640	the assistance of the Texas Water Development Board, the
2641	2641	commission, the United States Geological Survey, the subsidence
2642	2642	district, other local governments, and other agencies of the United
2643	2643	States and this state.
2644	2644	(b) The subsidence district may:
2645	2645	(1) enter into an interlocal contract with the
2646	2646	authority to carry out the authority's purposes; and
2647	2647	(2) carry out the governmental functions and services
2648	2648	specified in the interlocal contract.
2649	2649	(c) The board shall coordinate with the City of Houston to
2650	2650	develop an interregional plan for a system to distribute treated
2651	2651	surface water in an economical and efficient manner. (Acts 76th
2652	2652	Leg., R.S., Ch. 1029, Secs. 4.10(a), (b), (c).)
2653	2653	Sec. 8888.166. SURFACE WATER DELIVERY SYSTEM. (a) In this
2654	2654	section, "surface water delivery system":
2655	2655	(1) includes a facility that is to be constructed and
2656	2656	that will be:
2657	2657	(A) used to transport groundwater between
2658	2658	utility districts;
2659	2659	(B) used temporarily to transport groundwater
2660	2660	between utility districts if there is a reasonable probability that
2661	2661	the facility will be used for that purpose on a permanent basis in
2662	2662	the future; or
2663	2663	(C) necessary to accomplish an authority
2664	2664	purpose, including management of water, water conservation, or
2665	2665	water reuse; and
2666	2666	(2) does not include the use of the bed and banks to
2667	2667	transport water or wastewater.
2668	2668	(b) The authority may expedite the financing and
2669	2669	construction of a surface water delivery system, or other projects
2670	2670	of the authority, to accomplish a conversion from reliance on
2671	2671	groundwater to reliance on surface water not later than the earlier
2672	2672	of:
2673	2673	(1) the date required by the subsidence district; or
2674	2674	(2) the date determined by the board to be in the
2675	2675	interest of the authority or one or more districts inside or outside
2676	2676	the authority.
2677	2677	(c) It is the intent of the legislature that the commission
2678	2678	cooperate with and assist the authority in developing a surface
2679	2679	water delivery system or other authority project in an expedited
2680	2680	manner as provided by Subsection (b).
2681	2681	(d) The commission and the authority may enter into a
2682	2682	memorandum of understanding that relates to the construction of a
2683	2683	surface water delivery system. The memorandum of understanding
2684	2684	may:
2685	2685	(1) establish standard procedures for the commission
2686	2686	to grant conditional or final approval of authority construction
2687	2687	projects;
2688	2688	(2) establish standing waivers or conditions
2689	2689	applicable to those construction projects;
2690	2690	(3) delegate powers to the authority to carry out any
2691	2691	commission duty relating to an activity that the authority may
2692	2692	undertake if the delegation:
2693	2693	(A) does not violate federal law; and
2694	2694	(B) is not inconsistent with any agreement of
2695	2695	this state with, or any delegation of authority to this state from,
2696	2696	the United States Environmental Protection Agency;
2697	2697	(4) set minimum standards for construction or other
2698	2698	projects; or
2699	2699	(5) address any other matter that relates to an
2700	2700	activity that the authority may undertake and that the commission
2701	2701	may regulate. (Acts 76th Leg., R.S., Ch. 1029, Secs. 4.10(e), (f),
2702	2702	(g) (part), (j).)
2703	2703	Sec. 8888.167. CONDITIONAL APPROVAL OF CONSTRUCTION
2704	2704	PROJECTS. (a) The commission may grant conditional approval of a
2705	2705	construction project or waive a requirement of any law or
2706	2706	commission rule with respect to a construction project if the
2707	2707	conditional approval or waiver does not compromise public health or
2708	2708	safety.
2709	2709	(b) If the commission grants conditional approval of or a
2710	2710	waiver for a construction project, the authority shall make any
2711	2711	subsequent changes required by the commission in the construction
2712	2712	project necessary to protect the public health or safety.
2713	2713	(c) The commission may not require that the authority enter
2714	2714	into a contract with another person as a condition for approving an
2715	2715	authority construction project. The authority may meet the
2716	2716	authority's obligations under commission rules that require
2717	2717	certain issues to be addressed by contract by adopting rules that
2718	2718	address the commission issues and that allocate responsibility as
2719	2719	necessary between the authority and a person in the authority.
2720	2720	(Acts 76th Leg., R.S., Ch. 1029, Secs. 4.10(g) (part), (h), (i).)
2721	2721	Sec. 8888.168. STATEMENT OF AMOUNTS OF WATER TO BE
2722	2722	DELIVERED. To comply with commission rules that would require the
2723	2723	authority to state specific amounts of water that may or will be
2724	2724	provided to another entity receiving water from the authority, the
2725	2725	authority may state the amount in ranges that the authority may
2726	2726	change on prompt notification to the commission. (Acts 76th Leg.,
2727	2727	R.S., Ch. 1029, Sec. 4.10(k).)
2728	2728	Sec. 8888.169. EFFECT OF MUNICIPAL ANNEXATION ON FEES AND
2729	2729	SERVICES. (a) Except to the extent the authority agrees in
2730	2730	writing, a municipality's annexation of territory that is in the
2731	2731	authority does not affect the authority's ability to assess and
2732	2732	collect inside the annexed territory the types of fees, rates,
2733	2733	charges, or special assessments that the authority was assessing
2734	2734	and collecting at the time the municipality initiated the
2735	2735	annexation.
2736	2736	(b) The authority's ability to assess and collect the types
2737	2737	of fees, rates, charges, or special assessments described by
2738	2738	Subsection (a) terminates on the later of:
2739	2739	(1) the date of final payment or defeasance of any
2740	2740	bonds or other indebtedness, including any refunding bonds, that
2741	2741	are secured by those fees, rates, charges, or special assessments;
2742	2742	or
2743	2743	(2) the date that the authority no longer provides
2744	2744	services inside the annexed territory.
2745	2745	(c) The authority shall continue to provide services to the
2746	2746	annexed territory in accordance with contracts in effect at the
2747	2747	time of the annexation unless a written agreement between the board
2748	2748	and the governing body of the municipality provides otherwise.
2749	2749	(Acts 76th Leg., R.S., Ch. 1029, Sec. 1.03(d).)
2750	2750	Sec. 8888.170. CIVIL PENALTY; CIVIL ACTION; INJUNCTION.
2751	2751	(a) A person who violates a rule or order of the authority is
2752	2752	subject to a civil penalty of not less than $50 and not more than
2753	2753	$5,000 for each violation or each day of a continuing violation.
2754	2754	(b) The authority may bring an action to recover the penalty
2755	2755	in a district court in the county where the violation occurred. The
2756	2756	penalty shall be paid to the authority.
2757	2757	(c) The authority may bring an action for injunctive relief
2758	2758	in a district court in the county where a violation of an authority
2759	2759	rule or order occurs or is threatened to occur. The court may grant
2760	2760	to the authority, without bond or other undertaking, a prohibitory
2761	2761	or mandatory injunction that the facts warrant, including a
2762	2762	temporary restraining order, temporary injunction, or permanent
2763	2763	injunction.
2764	2764	(d) The authority may bring an action for a civil penalty
2765	2765	and injunctive relief in the same proceeding.
2766	2766	(e) The authority may bring an action in a district court
2767	2767	against a person located in the authority or included in the
2768	2768	authority's groundwater reduction plan to:
2769	2769	(1) recover any fees, rates, charges, assessments,
2770	2770	collection expenses, attorney's fees, interest, penalties, or
2771	2771	administrative penalties due the authority; or
2772	2772	(2) enforce the authority's rules or orders.
2773	2773	(f) Governmental immunity from suit or liability of a
2774	2774	district or other political subdivision is waived for the purposes
2775	2775	of an action described by Subsection (e). (Acts 76th Leg., R.S.,
2776	2776	Ch. 1029, Sec. 4.04.)
2777	2777	Sec. 8888.171. EMINENT DOMAIN. (a) The authority may
2778	2778	exercise the power of eminent domain in the authority to acquire
2779	2779	property of any kind to further the authorized purposes of the
2780	2780	authority.
2781	2781	(b) The authority may exercise the power of eminent domain
2782	2782	outside the authority to acquire any land, easements, or other
2783	2783	property for the purpose of pumping, treating, storing, or
2784	2784	transporting water.
2785	2785	(c) The authority may not exercise the power of eminent
2786	2786	domain under Subsection (b):
2787	2787	(1) for the condemnation of land for the purpose of
2788	2788	acquiring groundwater rights, water, or water rights; or
2789	2789	(2) to acquire property of any kind that is:
2790	2790	(A) owned by a municipality with a population of
2791	2791	1.6 million or more or any instrumentality of a municipality with a
2792	2792	population of 1.6 million or more, including any local government
2793	2793	corporation created by the municipality; or
2794	2794	(B) located in the corporate boundaries of a
2795	2795	municipality with a population of 1.6 million or more as of February
2796	2796	1, 2001.
2797	2797	(d) Notwithstanding Subsection (c)(2)(B), the authority may
2798	2798	exercise the power of eminent domain under Subsection (b) to
2799	2799	acquire property in the corporate boundaries of a municipality with
2800	2800	a population of 1.6 million or more if:
2801	2801	(1) the condemnation is to be used to provide
2802	2802	facilities between two points that are in the authority and the area
2803	2803	in the municipality is bounded by a line parallel to and 150 feet
2804	2804	north of the north side of Greens Bayou and by a line parallel to and
2805	2805	150 feet south of the south side of Greens Bayou;
2806	2806	(2) annexation of the territory by the municipality
2807	2807	was completed between January 1, 1962, and January 1, 1964; or
2808	2808	(3) the municipality grants permission for the
2809	2809	condemnation.
2810	2810	(e) The authority may not exercise the power of eminent
2811	2811	domain to acquire property of any kind in Galveston County.
2812	2812	(f) The authority must exercise the power of eminent domain
2813	2813	in the manner provided by Chapter 21, Property Code. The authority
2814	2814	is not required to give bond for appeal or bond for costs in a
2815	2815	condemnation suit, or other suit to which the authority is a party,
2816	2816	and is not required to deposit more than the amount of an award in a
2817	2817	suit.
2818	2818	(g) The authority may elect to condemn either the fee simple
2819	2819	or a lesser property interest when exercising the power of eminent
2820	2820	domain.
2821	2821	(h) The authority's authority under this section to
2822	2822	exercise the power of eminent domain expired on September 1, 2013,
2823	2823	unless the authority submitted a letter to the comptroller in
2824	2824	accordance with Section 2206.101(b), Government Code, not later
2825	2825	than December 31, 2012. (Acts 76th Leg., R.S., Ch. 1029, Secs.
2826	2826	4.08(a), (b), (c), (d), (e); New.)
2827	2827	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
2828	2828	Sec. 8888.201. GIFT OR GRANT FROM SUBSIDENCE DISTRICT. The
2829	2829	authority may accept a gift or grant from money collected by the
2830	2830	subsidence district under Chapter 8801 to fund a water treatment or
2831	2831	supply system. (Acts 76th Leg., R.S., Ch. 1029, Sec. 4.11 (part).)
2832	2832	Sec. 8888.202. AUTHORIZATION OF DISBURSEMENT. A
2833	2833	disbursement of the authority must be signed by at least two
2834	2834	directors. (Acts 76th Leg., R.S., Ch. 1029, Sec. 4.12(b) (part).)
2835	2835	Sec. 8888.203. AD VALOREM TAX PROHIBITED. The authority
2836	2836	may not impose an ad valorem tax. (Acts 76th Leg., R.S., Ch. 1029,
2837	2837	Sec. 4.13.)
2838	2838	Sec. 8888.204. COOPERATIVE FUNDING. (a) The authority may
2839	2839	develop a procedure for funding cooperatively a project of the
2840	2840	authority with money from a political subdivision located entirely
2841	2841	in the authority, and may develop a procedure for funding
2842	2842	cooperatively a project of the authority with money from a
2843	2843	political subdivision located wholly or partly outside the
2844	2844	authority, a water supply corporation, or other private entity, if
2845	2845	the authority project fulfills a governmental purpose of both the
2846	2846	authority and the political subdivision, or fulfills a governmental
2847	2847	purpose of the authority that the authority determines would be
2848	2848	furthered by cooperative funding from a private entity.
2849	2849	(b) A political subdivision may enter into a contract with
2850	2850	the authority for the political subdivision to finance a portion of
2851	2851	the proposed project with the political subdivision's resources
2852	2852	instead of using only the proceeds from bonds of the authority for
2853	2853	that purpose. The contract must be executed before the authority
2854	2854	issues the bonds. As provided in the contract, the authority may:
2855	2855	(1) reduce the value of the bond issuance to the degree
2856	2856	that the political subdivision provides project funding; and
2857	2857	(2) credit the political subdivision for the political
2858	2858	subdivision's contribution to the project financing and adjust the
2859	2859	allocation of revenue pledged to the payment of the bonds so that
2860	2860	the authority avoids using, to a degree reasonably commensurate
2861	2861	with the contribution, revenue from the political subdivision to
2862	2862	service the authority's bond debt or interest. (Acts 76th Leg.,
2863	2863	R.S., Ch. 1029, Sec. 5.05.)
2864	2864	SUBCHAPTER F. NOTES AND BONDS
2865	2865	Sec. 8888.251. REVENUE NOTES. (a) The board, without an
2866	2866	election, may borrow money on negotiable notes of the authority
2867	2867	payable solely from the revenue from any source, including:
2868	2868	(1) tolls, charges, and fees the authority imposes;
2869	2869	(2) the sale of water, water or sewer services, or any
2870	2870	other service or product of the authority;
2871	2871	(3) grants or gifts;
2872	2872	(4) the ownership and operation of all or a designated
2873	2873	part of the authority's works, improvements, facilities, plants, or
2874	2874	equipment; and
2875	2875	(5) contracts between the authority and any person.
2876	2876	(b) The notes may be first or subordinate lien notes at the
2877	2877	board's discretion. An obligation may not be a charge on the
2878	2878	property of the authority. An obligation may only be a charge on
2879	2879	revenue pledged for the payment of the obligation. (Acts 76th Leg.,
2880	2880	R.S., Ch. 1029, Sec. 5.01.)
2881	2881	Sec. 8888.252. REVENUE AND BOND ANTICIPATION NOTES. (a)
2882	2882	The board may issue negotiable revenue anticipation notes or
2883	2883	negotiable bond anticipation notes to borrow the money needed by
2884	2884	the authority without advertising or giving notice of the sale.
2885	2885	(b) The board may also issue negotiable combination revenue
2886	2886	and bond anticipation notes. Negotiable combination revenue and
2887	2887	bond anticipation notes may contain any term authorized under this
2888	2888	section for revenue anticipation notes or bond anticipation notes.
2889	2889	(c) Any note issued must mature not later than one year
2890	2890	after its date of issuance.
2891	2891	(d) A revenue anticipation note:
2892	2892	(1) may be issued to enable the authority to carry out
2893	2893	any purpose authorized by this chapter; and
2894	2894	(2) must be secured by the proceeds of revenue to be
2895	2895	collected by the authority in the 12-month period following the
2896	2896	date of issuance of the note.
2897	2897	(e) The board may covenant with the purchasers of revenue
2898	2898	anticipation notes that the board will charge and collect
2899	2899	sufficient revenue to pay the principal of and interest on the notes
2900	2900	and pay the cost of collecting the revenue.
2901	2901	(f) A bond anticipation note may be issued:
2902	2902	(1) for any purpose for which a bond of the authority
2903	2903	may be issued; or
2904	2904	(2) to refund previously issued revenue or bond
2905	2905	anticipation notes.
2906	2906	(g) The authority may covenant with the purchasers of the
2907	2907	bond anticipation notes that the authority will use the proceeds of
2908	2908	the sale of any bonds in the process of issuance for the purpose of
2909	2909	refunding the bond anticipation notes, in which case the board
2910	2910	shall use the proceeds received from the sale of the bonds in the
2911	2911	process of issuance to pay the principal, interest, or redemption
2912	2912	price on the bond anticipation notes.
2913	2913	(h) For purposes of Section 1202.007, Government Code, a
2914	2914	note issued under this section is considered to be payable only out
2915	2915	of:
2916	2916	(1) current revenue collected in the year the note is
2917	2917	issued; or
2918	2918	(2) the proceeds of other public securities. (Acts
2919	2919	76th Leg., R.S., Ch. 1029, Sec. 5.01A.)
2920	2920	Sec. 8888.253. BONDS AND NOTES. (a) To carry out a power
2921	2921	conferred by this chapter, the authority may issue bonds secured by
2922	2922	all or part of the revenue from any source, including any source
2923	2923	described by Section 8888.251(a).
2924	2924	(b) In issuing or securing a bond or note of the authority,
2925	2925	the authority may exercise any power of an issuer under Chapter
2926	2926	1371, Government Code.
2927	2927	(c) The authority may conduct a public, private, or
2928	2928	negotiated sale of the bonds.
2929	2929	(d) The bonds must:
2930	2930	(1) be authorized by board resolution;
2931	2931	(2) be issued in the authority's name;
2932	2932	(3) be signed by the board president or vice
2933	2933	president;
2934	2934	(4) be attested by the board secretary; and
2935	2935	(5) bear the authority's seal or facsimile seal.
2936	2936	(e) The bonds may be secured by an indenture of trust with a
2937	2937	corporate trustee.
2938	2938	(f) The authority may issue bonds in more than one series as
2939	2939	required for carrying out the purposes of this chapter. In issuing
2940	2940	bonds secured by the authority's revenue, the authority may reserve
2941	2941	the right to issue additional bonds secured by the authority's
2942	2942	revenue that are on a parity with or are senior or subordinate to
2943	2943	the bonds issued earlier.
2944	2944	(g) The resolution authorizing the bonds or the trust
2945	2945	indenture securing the bonds may specify additional provisions that
2946	2946	constitute a contract between the authority and the authority's
2947	2947	bondholders. The board may provide for:
2948	2948	(1) additional bond provisions; and
2949	2949	(2) a corporate trustee or receiver to take possession
2950	2950	of the authority's facilities if the authority defaults.
2951	2951	(h) Section 49.181, Water Code, does not apply to bonds or
2952	2952	notes issued by the authority. (Acts 76th Leg., R.S., Ch. 1029,
2953	2953	Secs. 5.02(a), (b), (c), (d) (part), (e), (f), (g), (h).)
2954	2954	Sec. 8888.254. BONDS SECURED BY CONTRACT PROCEEDS:
2955	2955	APPROVAL. (a) If bonds issued under this subchapter are secured by
2956	2956	a pledge of the proceeds of a contract between the authority and a
2957	2957	municipality or other governmental agency, authority, or district,
2958	2958	the authority shall submit to the attorney general a copy of the
2959	2959	contract and the proceedings of the municipality or other
2960	2960	governmental agency, authority, or district authorizing the
2961	2961	contract.
2962	2962	(b) If the attorney general finds that the bonds have been
2963	2963	authorized and the contract has been made in accordance with law,
2964	2964	the attorney general shall approve the bonds and contract. (Acts
2965	2965	76th Leg., R.S., Ch. 1029, Sec. 5.04 (part).)
2966	2966	Sec. 8888.255. REFUNDING BONDS. The provisions of this
2967	2967	subchapter regarding the issuance of other bonds, their security,
2968	2968	and the remedies of the holders apply to refunding bonds. (Acts
2969	2969	76th Leg., R.S., Ch. 1029, Sec. 5.03.)
2970	2970	Sec. 8888.256. VALIDITY OF BONDS AFTER ADDITION OF
2971	2971	TERRITORY. The annexation or addition of territory to the
2972	2972	authority under Section 8888.052 or 8888.053 does not affect the
2973	2973	validity of bonds issued by the authority. (Acts 76th Leg., R.S.,
2974	2974	Ch. 1029, Sec. 1.03(h).)
2975	2975	SECTION 1.05. Subtitle I, Title 6, Special District Local
2976	2976	Laws Code, is amended by adding Chapters 9048 and 9070 to read as
2977	2977	follows:
2978	2978	CHAPTER 9048. EL PASO COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT
2979	2979	NO. 4
2980	2980	SUBCHAPTER A. GENERAL PROVISIONS
2981	2981	Sec. 9048.001. DEFINITION
2982	2982	Sec. 9048.002. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
2983	2983	Sec. 9048.003. DISTRICT TERRITORY
2984	2984	SUBCHAPTER B. POWERS AND DUTIES
2985	2985	Sec. 9048.051. GENERAL POWERS AND DUTIES
2986	2986	Sec. 9048.052. POWERS RELATING TO SANITARY SEWER
2987	2987	SYSTEM
2988	2988	SUBCHAPTER C. BONDS
2989	2989	Sec. 9048.101. BOND ELECTION REQUIRED
2990	2990	CHAPTER 9048. EL PASO COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT
2991	2991	NO. 4
2992	2992	SUBCHAPTER A. GENERAL PROVISIONS
2993	2993	Sec. 9048.001. DEFINITION. In this chapter, "district"
2994	2994	means the El Paso County Water Control and Improvement District
2995	2995	No. 4. (Acts 54th Leg., R.S., Ch. 58, Sec. 2A(a).)
2996	2996	Sec. 9048.002. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
2997	2997	The district is created to serve a public use and benefit.
2998	2998	(b) Except for property owned by a railroad or public
2999	2999	utility that does not use the facilities of the district, all land
3000	3000	included in the boundaries of the district will be benefited. (Acts
3001	3001	54th Leg., R.S., Ch. 58, Sec. 2 (part).)
3002	3002	Sec. 9048.003. DISTRICT TERRITORY. (a) The district is
3003	3003	composed of the territory described by Section 1, Chapter 268, Acts
3004	3004	of the 82nd Legislature, Regular Session, 2011, as that territory
3005	3005	may have been modified under:
3006	3006	(1) Subchapter O, Chapter 51, Water Code;
3007	3007	(2) Subchapter J, Chapter 49, Water Code; or
3008	3008	(3) other law.
3009	3009	(b) The boundaries and field notes of the district form a
3010	3010	closure. A mistake made in the field notes or in copying the field
3011	3011	notes in the legislative process does not affect:
3012	3012	(1) the district's organization, existence, or
3013	3013	validity;
3014	3014	(2) the district's right to issue any type of bond for
3015	3015	a purpose for which the district is created or to pay the principal
3016	3016	of and interest on the bond;
3017	3017	(3) the district's right to impose a tax; or
3018	3018	(4) the legality or operation of the district. (Acts
3019	3019	54th Leg., R.S., Ch. 58, Secs. 2A(b), (c); New.)
3020	3020	SUBCHAPTER B. POWERS AND DUTIES
3021	3021	Sec. 9048.051. GENERAL POWERS AND DUTIES. Except as
3022	3022	otherwise provided by this chapter, the district has all the
3023	3023	rights, powers, privileges, and duties, including the control of
3024	3024	storm and flood waters, provided by general law applicable to a
3025	3025	water control and improvement district created under Section 59,
3026	3026	Article XVI, Texas Constitution, including Chapters 49 and 51,
3027	3027	Water Code. (Acts 54th Leg., R.S., Ch. 58, Sec. 1 (part), Sec. 3
3028	3028	(part); New.)
3029	3029	Sec. 9048.052. POWERS RELATING TO SANITARY SEWER SYSTEM.
3030	3030	The district may construct, maintain, and operate a sanitary sewer
3031	3031	system. (Acts 54th Leg., R.S., Ch. 58, Sec. 1 (part).)
3032	3032	SUBCHAPTER C. BONDS
3033	3033	Sec. 9048.101. BOND ELECTION REQUIRED. The district may
3034	3034	not issue bonds unless the bonds are authorized by a majority of the
3035	3035	voters of the district voting at an election held for that purpose.
3036	3036	(Acts 54th Leg., R.S., Ch. 58, Sec. 2 (part).)
3037	3037	CHAPTER 9070. FAYETTE COUNTY WATER CONTROL AND IMPROVEMENT
3038	3038	DISTRICT-MONUMENT HILL
3039	3039	Sec. 9070.001. DEFINITION
3040	3040	Sec. 9070.002. EXCLUSION OF TERRITORY
3041	3041	Sec. 9070.003. RIGHTS OF BONDHOLDERS
3042	3042	Sec. 9070.004. TAX LIABILITY OF EXCLUDED TERRITORY
3043	3043	CHAPTER 9070. FAYETTE COUNTY WATER CONTROL AND IMPROVEMENT
3044	3044	DISTRICT-MONUMENT HILL
3045	3045	Sec. 9070.001. DEFINITION. In this chapter, "district"
3046	3046	means the Fayette County Water Control and Improvement
3047	3047	District-Monument Hill. (Acts 72nd Leg., R.S., Ch. 316, Sec. 1.)
3048	3048	Sec. 9070.002. EXCLUSION OF TERRITORY. The boundaries of
3049	3049	the district exclude the approximately 100 acres of territory
3050	3050	previously included in the district that are located across
3051	3051	Buckners Creek from the district. (Acts 72nd Leg., R.S., Ch. 316,
3052	3052	Sec. 2.)
3053	3053	Sec. 9070.003. RIGHTS OF BONDHOLDERS. The exclusion of
3054	3054	territory under this chapter does not diminish or impair the rights
3055	3055	of the holders of any outstanding and unpaid bonds, warrants, or
3056	3056	other certificates of indebtedness of the district. (Acts 72nd
3057	3057	Leg., R.S., Ch. 316, Sec. 3.)
3058	3058	Sec. 9070.004. TAX LIABILITY OF EXCLUDED TERRITORY. (a)
3059	3059	Territory excluded from the district under Section 9070.002 is not
3060	3060	released from the payment of its pro rata share of the district's
3061	3061	debt.
3062	3062	(b) The district shall continue to impose taxes each year on
3063	3063	the excluded territory at the same rate imposed on other district
3064	3064	property until the taxes collected from the excluded territory
3065	3065	equal its pro rata share of the district's debt at the time the
3066	3066	territory was excluded. The taxes collected shall be applied
3067	3067	exclusively to the payment of the excluded territory's pro rata
3068	3068	share of the debt.
3069	3069	(c) The owner of all or part of the excluded territory may
3070	3070	pay in full, at any time, the owner's share of the pro rata share of
3071	3071	the district's debt. (Acts 72nd Leg., R.S., Ch. 316, Sec. 4.)
3072	3072	ARTICLE 2. CONFORMING AMENDMENTS
3073	3073	SECTION 2.01. Section 1, Chapter 498, Acts of the 54th
3074	3074	Legislature, Regular Session, 1955, is amended to read as follows:
3075	3075	Sec. 1. The [creation and establishment of] North Plains
3076	3076	Groundwater Conservation District is[,] composed of lands and
3077	3077	territories situated within all or a portion of the Texas Counties
3078	3078	of Dallam, Hansford, Hartley, Hutchinson, Lipscomb, Moore,
3079	3079	Ochiltree and Sherman, the boundaries of said District being
3080	3080	described by metes and bounds in order canvassing returns and
3081	3081	declaring results of confirmation election, dated January 27, 1955,
3082	3082	recorded in Volume 1, Page 53, of the Ground Water Conservation
3083	3083	Records of Ochiltree County, Texas, and recorded in Volume 119,
3084	3084	Page 21 of the Deed Records of Ochiltree County, Texas[, to which
3085	3085	reference is here made for a more complete description, and which is
3086	3086	incorporated herein by reference the same as if copied herein in
3087	3087	full, is hereby ratified, confirmed and validated. All acts of the
3088	3088	Board of Water Engineers of the State of Texas in regard to the
3089	3089	designation of Subdivision Number Two, of the Groundwater Reservoir
3090	3090	in the Ogallala Formation, North of the Canadian River in Texas,
3091	3091	dated August 16, 1954, in regard to the creation and establishing of
3092	3092	said District, and the appointment of seven (7) directors, and all
3093	3093	acts of the Board of Directors of said District in regard to the
3094	3094	creation and establishment of said District and in regard to
3095	3095	levying and collecting ad valorem taxes by said District are in all
3096	3096	things ratified, confirmed and validated, and said District,
3097	3097	composed of the land and territory described above, is hereby
3098	3098	declared to have been fully and duly created and established and
3099	3099	authorized to collect ad valorem taxes from and after the
3100	3100	confirmation and tax elections held within said District on January
3101	3101	21, 1955].
3102	3102	ARTICLE 3. REPEALERS
3103	3103	SECTION 3.01. The following statutes are repealed:
3104	3104	(1) Chapter 46, Acts of the 54th Legislature, Regular
3105	3105	Session, 1955;
3106	3106	(2) Chapter 1168, Acts of the 71st Legislature,
3107	3107	Regular Session, 1989;
3108	3108	(3) Chapter 21, Acts of the 68th Legislature, Regular
3109	3109	Session, 1983;
3110	3110	(4) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,
3111	3111	15, 16, 17, 18, 19, 20, 21, and 22, Chapter 141, Acts of the 54th
3112	3112	Legislature, Regular Session, 1955;
3113	3113	(5) Sections 1, 2(c), 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
3114	3114	13, 14, 15, 16A, 16B, 16C, 16D, 16E, 16F, and 16G, Chapter 1081,
3115	3115	Acts of the 68th Legislature, Regular Session, 1983;
3116	3116	(6) Sections 3, 4, 5, and 6, Chapter 600, Acts of the
3117	3117	70th Legislature, Regular Session, 1987;
3118	3118	(7) Chapter 318, Acts of the 72nd Legislature, Regular
3119	3119	Session, 1991;
3120	3120	(8) Chapter 1200, Acts of the 75th Legislature,
3121	3121	Regular Session, 1997;
3122	3122	(9) Chapter 350, Acts of the 81st Legislature, Regular
3123	3123	Session, 2009;
3124	3124	(10) Chapter 524, Acts of the 71st Legislature,
3125	3125	Regular Session, 1989;
3126	3126	(11) Chapter 22, Acts of the 77th Legislature, Regular
3127	3127	Session, 2001;
3128	3128	(12) Chapter 64, Acts of the 81st Legislature, Regular
3129	3129	Session, 2009;
3130	3130	(13) Sections 1, 1A, 2, 4, 5, 6, 7, 8, 9, 10A, 10B, 11,
3131	3131	and 12, Chapter 712, Acts of the 71st Legislature, Regular Session,
3132	3132	1989;
3133	3133	(14) Chapter 1123, Acts of the 80th Legislature,
3134	3134	Regular Session, 2007;
3135	3135	(15) Chapter 368, Acts of the 74th Legislature,
3136	3136	Regular Session, 1995;
3137	3137	(16) Chapter 658, Acts of the 82nd Legislature,
3138	3138	Regular Session, 2011;
3139	3139	(17) Chapter 669, Acts of the 71st Legislature,
3140	3140	Regular Session, 1989;
3141	3141	(18) Chapter 673, Acts of the 71st Legislature,
3142	3142	Regular Session, 1989;
3143	3143	(19) Chapter 653, Acts of the 71st Legislature,
3144	3144	Regular Session, 1989;
3145	3145	(20) Chapter 879, Acts of the 81st Legislature,
3146	3146	Regular Session, 2009;
3147	3147	(21) Chapter 519, Acts of the 71st Legislature,
3148	3148	Regular Session, 1989;
3149	3149	(22) Chapter 1173, Acts of the 79th Legislature,
3150	3150	Regular Session, 2005;
3151	3151	(23) Chapter 46, Acts of the 72nd Legislature, Regular
3152	3152	Session, 1991;
3153	3153	(24) Chapter 377, Acts of the 69th Legislature,
3154	3154	Regular Session, 1985;
3155	3155	(25) Chapter 757, Acts of the 72nd Legislature,
3156	3156	Regular Session, 1991;
3157	3157	(26) Sections 1A, 2, 3, 4, 4a, and 5, Chapter 498, Acts
3158	3158	of the 54th Legislature, Regular Session, 1955;
3159	3159	(27) Chapter 760, Acts of the 68th Legislature,
3160	3160	Regular Session, 1983;
3161	3161	(28) Chapter 63, Acts of the 69th Legislature, Regular
3162	3162	Session, 1985;
3163	3163	(29) Sections 2, 3, 4, and 5, Chapter 1152, Acts of the
3164	3164	76th Legislature, Regular Session, 1999;
3165	3165	(30) Chapter 644, Acts of the 84th Legislature,
3166	3166	Regular Session, 2015;
3167	3167	(31) Sections 1.01, 1.02, 1.03(d), 1.03(f), 1.03(g),
3168	3168	1.03(h), 1.045, 1.05, and 1.06, Chapter 1029, Acts of the 76th
3169	3169	Legislature, Regular Session, 1999;
3170	3170	(32) Articles 2, 3, 4, 5, and 6, Chapter 1029, Acts of
3171	3171	the 76th Legislature, Regular Session, 1999;
3172	3172	(33) Chapter 232, Acts of the 77th Legislature,
3173	3173	Regular Session, 2001;
3174	3174	(34) Article 12, Chapter 966, Acts of the 77th
3175	3175	Legislature, Regular Session, 2001;
3176	3176	(35) Section 13.04, Chapter 966, Acts of the 77th
3177	3177	Legislature, Regular Session, 2001;
3178	3178	(36) Sections 1, 3, 4, 5, 6, and 7, Chapter 1296, Acts
3179	3179	of the 77th Legislature, Regular Session, 2001;
3180	3180	(37) Sections 39 and 40, Chapter 1423, Acts of the 77th
3181	3181	Legislature, Regular Session, 2001;
3182	3182	(38) Chapter 381, Acts of the 78th Legislature,
3183	3183	Regular Session, 2003;
3184	3184	(39) Section 2, Chapter 271, Acts of the 79th
3185	3185	Legislature, Regular Session, 2005;
3186	3186	(40) Sections 2, 3, 4, 5, and 7, Chapter 321, Acts of
3187	3187	the 82nd Legislature, Regular Session, 2011;
3188	3188	(41) Chapter 723, Acts of the 83rd Legislature,
3189	3189	Regular Session, 2013;
3190	3190	(42) Chapter 1343, Acts of the 79th Legislature,
3191	3191	Regular Session, 2005;
3192	3192	(43) Section 199, Chapter 1163, Acts of the 82nd
3193	3193	Legislature, Regular Session, 2011;
3194	3194	(44) Sections 1, 2, 2A(a), 2A(b), 2A(c), 3, and 4,
3195	3195	Chapter 58, Acts of the 54th Legislature, Regular Session, 1955;
3196	3196	(45) Chapter 491, Acts of the 54th Legislature,
3197	3197	Regular Session, 1955;
3198	3198	(46) Section 2, Chapter 268, Acts of the 82nd
3199	3199	Legislature, Regular Session, 2011;
3200	3200	(47) Chapter 316, Acts of the 72nd Legislature,
3201	3201	Regular Session, 1991; and
3202	3202	(48) Sections 2, 3, 6, 7, 8, 9, 10, 11, 13, and 14,
3203	3203	Chapter 1196, Acts of the 84th Legislature, Regular Session, 2015.
3204	3204	ARTICLE 4. GENERAL MATTERS
3205	3205	SECTION 4.01. LEGISLATIVE INTENT OF NO SUBSTANTIVE CHANGE.
3206	3206	This Act is enacted under Section 43, Article III, Texas
3207	3207	Constitution. This Act is intended as a codification only, and no
3208	3208	substantive change in the law is intended by this Act. This Act
3209	3209	does not increase or decrease the territory of any special district
3210	3210	of the state as those boundaries exist on the effective date of this
3211	3211	Act.
3212	3212	SECTION 4.02. PRESERVATION OF VALIDATION MADE BY PREVIOUS
3213	3213	LAW. (a) The repeal of a law, including a validating law, by this
3214	3214	Act does not remove, void, or otherwise affect in any manner a
3215	3215	validation under the repealed law. The validation is preserved and
3216	3216	continues to have the same effect that it would have if the law were
3217	3217	not repealed.
3218	3218	(b) Subsection (a) of this section does not diminish the
3219	3219	saving provisions prescribed by Section 311.031, Government Code.
3220	3220	SECTION 4.03. EFFECTIVE DATE. This Act takes effect April
3221	3221	1, 2019.