Title SD, Special District Local Laws Code

Sec. 8802.004. EFFECT ON CERTAIN LITIGATION. This chapter does not adversely affect the rights of any parties involved in litigation on or before February 1, 1987, with the Texas Water Commission or the petitioners for the creation of the district. Added by Acts 2005, 79th Leg., …

Sec. 8802.051. DIRECTORS; TERMS. (a) The district is governed by a board of five directors who serve staggered four-year terms. (b) At least two directors must be elected by voters residing in the city of Austin. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.07, eff.…

Sec. 8802.052. ELECTION DATE. An election shall be held to elect the appropriate number of directors on the spring uniform election date each even-numbered year. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.07, eff. April 1, 2007.

Sec. 8802.053. SINGLE-MEMBER DISTRICTS. (a) The district is divided into five numbered, single-member districts for electing directors. (b) The board may revise the single-member districts as necessary or appropriate. (c) As soon as practicable after the publication of each feder…

Sec. 8802.101. GENERAL POWERS AND DUTIES. Except as otherwise provided by this chapter, the district has the powers and duties provided by Chapter 36, Water Code, for groundwater conservation districts. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.07, eff. April 1, …

Sec. 8802.102. RULES REGULATING ZONING AND SUBDIVISION OF LAND PROHIBITED. The district may not adopt rules regulating zoning or the subdivision of land. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.07, eff. April 1, 2007.

Sec. 8802.103. IMPOSITION OF TAXES. (a) The district may impose an ad valorem tax as provided by Subchapter G, Chapter 36, Water Code, only if: (1) the user fee authorized by this subchapter is held unconstitutional by the Texas Supreme Court; and (2) a majority of the voters app…

Sec. 8802.104. USER FEES. (a) The board by rule may impose reasonable fees on each well for which the district issues a permit and which is not exempt from regulation by the district. (b) The board may assess the fees on an annual basis according to: (1) the size of column pipe u…

Sec. 8802.1045. AMOUNT OF ANNUAL PRODUCTION FEE. (a) Except as provided by this section, the board may not charge an annual production fee of more than $1 per acre-foot for water permitted for agricultural use or 17 cents per thousand gallons for water permitted for any other pur…

Sec. 8802.105. CERTAIN WATER USE FEES PERMITTED. (a) Each year the board may assess against the City of Austin a water use fee in an amount not to exceed 60 percent of the total funding the district expects to receive for the next fiscal year from water use fees assessed against …

Sec. 8802.106. PRODUCTION CAPACITY OF CERTAIN EXEMPT WELLS. Notwithstanding the 25,000-gallon production capacity restriction provided by Section 36.117(b)(1), Water Code, a well in the district is exempt under Section 36.117, Water Code, only if the production capacity of the we…

Sec. 8802.107. ENFORCEMENT. (a) If it appears that a person has violated, is violating, or is threatening to violate Chapter 36, Water Code, or a district permit, rule, or order, the district may file a civil suit in a district court of the county in which the violation occurs to…

Sec. 8802.108. BORROWING MONEY. (a) The district may borrow money as provided by Sections 49.152-49.154, Water Code. (b) The district may not borrow money for a period of more than one year. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.07, eff. April 1, 2007.

Sec. 8802.109. RESTRICTIONS ON PRODUCTION DURING DROUGHT. (a) During a period declared by the district to be a drought and only as specified in the district's approved management plan, the district may restrict or prohibit groundwater production as provided by this section. (b) T…

Sec. 8802.110. RESTRICTIONS ON PRODUCTION DURING EXTREME DROUGHT. (a) During a period declared by the district to be an extreme drought, to maintain groundwater production necessary to sustain human consumption and protect the public's health, safety, and welfare, the district, a…

Sec. 8802.151. MUNICIPAL APPROVAL NOT REQUIRED. Approval of inclusion of land in the district that is located in the corporate limits or extraterritorial jurisdiction of a municipality does not require the municipality's approval under Subchapter B, Chapter 42, Local Government C…

Sec. 8802.152. EXCLUSION OF COUNTY AREA. (a) The residents of any county area of the district, on petition of at least 15 percent of the registered voters in that county area, may request that the board, in conjunction with the next regularly scheduled directors' election, hold a…

Sec. 8802.201. CONVERSION OF DISTRICT PROHIBITED. The district may not be converted to any other type of conservation and reclamation district. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.07, eff. April 1, 2007.

Sec. 8802.202. DISSOLUTION OF DISTRICT; ELECTION. (a) The board shall call a dissolution election if: (1) the board receives a petition signed by a number of registered voters in the district equal to at least 30 percent of the voters in the district's most recent election; and (…