Title SD, Special District Local Laws Code

Sec. 8834.005. DISTRICT TERRITORY. The district includes the territory in Fort Bend County unless the district's territory has been modified under other law. Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8834.006. CERTAIN OTHER STATUTES INAPPLICABLE. (a) Other laws governing the administration or operation of a conservation and reclamation district created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, including Chapters 36 and 49, Water Code,…

Sec. 8834.051. DIRECTORS. (a) The district is governed by a board of 17 directors appointed as provided by this section. (b) Directors serve two-year terms. (c) A director must be a qualified voter of the district. (d) The persons designated by Subsections (e), (f), (g), and (h) …

Sec. 8834.052. BOARD POWERS AND DUTIES. (a) The board has all powers necessary or convenient to carry out its responsibilities and accomplish the purpose of this chapter, whether the powers are specifically authorized by this chapter or are implied by this chapter or other law. (…

Sec. 8834.053. OFFICIAL BOARD ACTIONS. The affirmative vote of a majority of the directors is required for any official board action. Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8834.054. DIRECTOR'S BOND. (a) A director shall execute a bond that is: (1) for $5,000; (2) payable to the district; and (3) conditioned on the faithful performance of the director's duties. (b) The district shall pay for the bond. Added by Acts 2009, 81st Leg., R.S., Ch. 11…

Sec. 8834.055. OFFICERS. (a) Each year, at the first meeting after the new directors take office, the directors shall select a chair, a vice chair, and a secretary. (b) An officer selected under Subsection (a) serves at the will of the board and may be removed and replaced by a m…

Sec. 8834.056. MEETINGS. (a) The board shall hold regular meetings at a time set by the board. (b) The board may hold a special meeting at the call of the chair or on the written request of at least three directors. Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. …

Sec. 8834.057. APPLICABILITY OF OPEN MEETINGS LAW. (a) The board shall give notice of board meetings as provided by Chapter 551, Government Code. Failure to provide notice of a regular meeting or an insubstantial defect in notice of any meeting does not affect the validity of any…

Sec. 8834.058. COMPENSATION AND REIMBURSEMENT OF DIRECTORS. (a) A director is entitled to receive fees of office of not more than $150 a day for each day the director is engaged in the exercise of the director's duties. The fees of office may not exceed $9,000 a year. (b) A direc…

Sec. 8834.059. VACANCIES. If a vacancy occurs on the board, the person or persons designated by Section 8834.051 to appoint a director for the position that is vacated shall appoint a director to serve the unexpired term. Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619),…

Sec. 8834.060. DISTRICT POLICIES. The board shall adopt the following written policies: (1) a code of ethics for district directors, officers, and employees and for persons engaged in handling investments for the district; (2) a policy relating to travel expenditures; (3) a polic…

Sec. 8834.061. GENERAL MANAGER. (a) The board may employ a general manager to serve as the chief administrative officer of the district. The district may contract with any person to perform the general manager's duties. (b) The board may delegate to the general manager the author…

Sec. 8834.062. PERSONNEL. (a) The general manager shall employ personnel necessary to properly handle district business and operation. The general manager may employ attorneys, bookkeepers, engineers, and other expert and specialized personnel considered necessary. (b) The genera…

Sec. 8834.063. BENEFITS. (a) The board may provide for and administer retirement, disability, and death compensation funds for the employees of the district. (b) The board may: (1) establish a public retirement system as provided by Chapter 810, Government Code; or (2) provide fo…

Sec. 8834.064. BOND FOR EMPLOYEE RESPONSIBLE FOR MONEY. (a) The board shall require an employee who collects, pays, or handles district money to provide a good and sufficient bond that is: (1) in an amount sufficient to safeguard the district; (2) payable to the district; and (3)…

Sec. 8834.065. DISTRICT OFFICE. The board shall maintain its principal office in the district for conducting district business. The office must be in the district. Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8834.066. MAINTENANCE OF RECORDS; PUBLIC INSPECTION. (a) The district shall: (1) keep a complete account of board meetings and proceedings; and (2) maintain in a safe place the board's minutes, contracts, records, notices, accounts, and receipts. (b) The board's minutes, con…

Sec. 8834.067. SEAL. The board shall adopt a seal. Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011. SUBCHAPTER C. POWERS AND DUTIES

Sec. 8834.101. DISTRICT PLAN. (a) The board shall formulate a plan to control and mitigate subsidence in the district. (b) The plan must: (1) regulate groundwater withdrawals to maintain sufficient artesian pressure to control and mitigate subsidence; and (2) specify in as much d…

Sec. 8834.102. ADOPTION OF DISTRICT PLAN. (a) The board shall hold a hearing to consider a plan formulated under Section 8834.101. (b) After the hearing, the board shall: (1) make any changes it considers necessary according to evidence and material presented at the hearing; and …

Sec. 8834.103. WATER CONSERVATION MEASURES. (a) The board may adopt rules requiring the use of water conservation measures to reduce groundwater withdrawals. (b) The district may cooperate with the commission and a local government to establish water conservation goals, guideline…

Sec. 8834.104. ANNUAL GROUNDWATER WITHDRAWAL DETERMINATION. (a) The board shall hold an annual hearing to determine the effects during the preceding calendar year of groundwater withdrawal on subsidence in the district. (b) At the hearing, the board shall consider information pro…

Sec. 8834.105. MONITORING AND SUPERVISION BY DISTRICT. (a) The district may use subsidence compaction monitors, water-level observation wells, and other materials and equipment to determine the amount of groundwater that may be withdrawn while allowing groundwater to rebound and …

Sec. 8834.106. DISTRICT RESEARCH. (a) The board may conduct studies and research that the board considers necessary to implement this chapter. (b) The district may collect any information that the board determines is necessary to implement this chapter, including information rega…

Sec. 8834.107. STUDIES BY BOARD STAFF. At least once each year and at any other time the board considers necessary, the board may have its staff make a complete study of the groundwater in the district and determine: (1) the water level; (2) the rates and amounts of groundwater w…

Sec. 8834.108. SALE OR DISTRIBUTION OF WATER PROHIBITED. The district may not sell or distribute surface water or groundwater. Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8834.109. ACCESS TO PROPERTY. (a) To carry out technical and other investigations necessary to implement this chapter, the board and its agents and employees are entitled to access to all property in the district. (b) Before entering property for the purposes of this section…

Sec. 8834.110. GENERAL POWERS RELATED TO PROPERTY AND CONTRACTS. (a) The board may: (1) purchase, lease, own, convey, and dispose of property both inside and outside district territory necessary or convenient to exercise the board's powers, duties, and functions under this chapte…

Sec. 8834.111. COOPERATION WITH GOVERNMENTAL ENTITIES. In implementing this chapter, the board may request the assistance of and cooperate with a local government or an agency of this state or of the United States, including the Texas Water Development Board, the commission, and …

Sec. 8834.112. RULES. (a) After notice and hearing, the board shall adopt rules designed to expeditiously and effectively implement this chapter and accomplish its purpose, including rules governing procedures before the board. The board shall enforce the rules. (b) The board may…

Sec. 8834.113. CONSIDERATIONS FOR RULES AND ORDERS. When adopting a rule or issuing an order, the board shall consider: (1) the availability of surface water or alternative water supplies; (2) the economic effects on persons and the community; (3) the degree and effect of subside…

Sec. 8834.114. HEARINGS. (a) At a regular meeting of the board, the board shall set the date, time, and location for a hearing to be held under this chapter. (b) The board may hold a hearing at any location in the district and recess a hearing from day to day. (c) Any person may …

Sec. 8834.115. NOTICE OF HEARINGS. (a) Not later than the 10th day before the date set for a hearing other than a permit application hearing, the district shall deliver or mail notice of the hearing to: (1) each county, regional water supplier, and municipal government in the dis…

Sec. 8834.116. BOARD BYLAWS AND POLICIES. The board may adopt bylaws and policies as necessary to accomplish its purposes. Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8834.117. AUTHORITY TO ISSUE SUBPOENAS AND ADMINISTER OATHS. (a) The board may issue a subpoena to compel the testimony of a person or the production of a document if the testimony or document is necessary to carry out the board's powers, duties, and functions under this cha…

Sec. 8834.118. SUITS. (a) The district may sue and be sued in the courts of this state in the name of the district by and through the board. (b) If requested by the district, the attorney general shall represent the district in the district courts and appellate courts of this sta…

Sec. 8834.151. DISBURSEMENT OF MONEY. The district may disburse its money by: (1) a check, draft, order, or other instrument signed by a person authorized under a board bylaw or board resolution; or (2) electronic funds transfer. Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B…

Sec. 8834.152. DISTRICT ACCOUNTS. The district shall keep a complete system of the district's accounts. Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8834.153. FISCAL YEAR. The district's fiscal year is the calendar year. Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8834.154. BUDGET. (a) The board shall adopt an annual budget containing a complete financial statement. (b) The board may amend the annual budget. Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8834.155. AUDIT. The district shall have its affairs audited each year by an independent certified public accountant or a firm of independent certified public accountants of recognized integrity and ability. The district shall pay for the audit. Added by Acts 2009, 81st Leg.…

Sec. 8834.156. COPY OF AUDIT. The board shall keep one copy of the audit prepared under Section 8834.155 at the district office open to inspection by any interested person during normal office hours. Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April…

Sec. 8834.157. DEPOSITORY AND INVESTMENTS. (a) Except as provided by Subsection (g), the board shall designate one or more banks in the district to serve as a depository for district money. All district money shall be deposited in a depository bank. This subsection does not limit…

Sec. 8834.158. INVESTMENT OFFICER. (a) Notwithstanding Section 2256.005(f), Government Code, the board may contract with a person to act as investment officer of the district. (b) The investment officer shall: (1) not later than the first anniversary of the date the officer takes…

Sec. 8834.201. GROUNDWATER WITHDRAWALS SUBJECT TO BOARD RULE. (a) Groundwater withdrawals governed by this chapter, including withdrawals of injected water, are subject to reasonable board rules and orders. (b) The board may issue permits to drill new wells and by rule may provid…