Title SD, Special District Local Laws Code

Sec. 8845.005. DISTRICT NAME CHANGE. The name of the district may be changed if: (1) additional territory is annexed to the district; or (2) the district consolidates with another district. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.

Sec. 8845.006. OWNERSHIP OF GROUNDWATER AND SURFACE WATER RIGHTS. The ownership and rights of the owner of land, the owner's lessees, and assigns in groundwater and any surface water rights are recognized, and this chapter does not deprive or divest the owner, the owner's lessees…

Sec. 8845.051. COMPOSITION OF BOARD; TERMS. (a) The board is composed of five directors. (b) Directors serve staggered four-year terms. (c) A director takes office at the first regular meeting of the board following the director's election to the board. Added by Acts 2011, 82nd L…

Sec. 8845.052. ELECTION OF DIRECTORS. One director is elected from the district at large. One director is elected from each county commissioners precinct. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.

Sec. 8845.053. ELECTION DATE. Each even-numbered year, an election shall be held on the uniform election date in May or another date authorized by law to elect the appropriate number of directors. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2…

Sec. 8845.054. QUALIFICATIONS FOR ELECTION; ELIGIBILITY TO SERVE. (a) To be qualified for election as a director, a person must be: (1) a resident of the district; and (2) at least 18 years of age. (b) In addition to the requirements of Subsection (a), a person who is a director …

Sec. 8845.055. BOARD VACANCY. If a vacancy occurs on the board, the remaining directors shall appoint a director for the unexpired term. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.

Sec. 8845.056. COMPOSITION OF BOARD FOLLOWING ANNEXATION OR CONSOLIDATION. If the district annexes territory or consolidates with another district, the composition of the board shall be determined in a manner that is: (1) equitable for the residents of the district as provided by…

Sec. 8845.057. VOTE REQUIRED FOR OFFICIAL BOARD ACTION. An official action of the board is not valid without the affirmative vote of a majority of the directors. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.

Sec. 8845.058. OFFICERS. (a) After each directors' election, the board shall: (1) hold a regular meeting at the district office; and (2) organize by electing from the directors a president, a vice president, and a secretary. (b) A person selected to serve as president, vice presi…

Sec. 8845.059. GENERAL MANAGER. (a) The general manager may execute a bond in the amount determined by the board, payable to the district, and conditioned on the faithful performance of the general manager's duties. The district shall pay for the bond. (b) The general manager is …

Sec. 8845.060. TREASURER AND ATTORNEY. (a) The board may appoint a treasurer and an attorney for the district. (b) The person appointed as treasurer shall execute a bond in the amount determined by the board, payable to the district, conditioned on the faithful performance of the…

Sec. 8845.061. ENGINEER. The board may: (1) appoint or contract with a competent professional engineer for the district; and (2) determine the amount of compensation to be paid to the engineer. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013…

Sec. 8845.062. EMPLOYEES AND CONTRACT PERSONNEL. (a) The general manager or the board may: (1) employ other persons necessary to properly handle the district's business and operation; and (2) employ or contract with expert and specialized personnel who are necessary to carry out …

Sec. 8845.063. DISTRICT OFFICE. The board shall maintain an office in the district for conducting district business. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.

Sec. 8845.064. MEETINGS. The board shall hold regular meetings at the district office on dates established by the board. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.

Sec. 8845.065. RECORDS. (a) The board shall keep a complete written account of board meetings and other proceedings and shall preserve the board's minutes, contracts, plans, notices, accounts, receipts, and other records in a secure manner at the district's office. (b) Minutes, c…

Sec. 8845.101. GENERAL POWERS AND DUTIES. Except to the extent of any conflict with this chapter or as specifically limited by this chapter, the district may exercise the powers granted by, and shall exercise the duties provided by, Chapter 36 and Subchapters H and I, Chapter 49,…

Sec. 8845.102. RULES. (a) The board may adopt rules necessary to carry out the purpose and powers under this chapter and may enforce those rules by injunction, mandatory injunction, or other appropriate remedies in court. (b) In addition to the rules adopted under Subsection (a),…

Sec. 8845.103. EMINENT DOMAIN. (a) The district may exercise the power of eminent domain to acquire a fee simple or other interest in property in the district if the property interest is necessary to the exercise of the authority conferred by this chapter. (b) The district must e…

Sec. 8845.104. CONTROL, STORAGE, AND PRESERVATION OF STORM WATER AND FLOODWATER. Subject to obtaining the permits required by law, the district may control, store, and preserve the storm water and floodwater in the district and the water of the rivers and streams in the district …

Sec. 8845.105. RECLAMATION. The district may: (1) reclaim land in the district; and (2) construct works, facilities, and improvements necessary to accomplish that purpose. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.

Sec. 8845.106. SOIL CONSERVATION AND IMPROVEMENT. The district may construct and maintain terraces or other structures on land in the district and may engage in or promote land treatment measures for soil conservation and improvement. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (…

Sec. 8845.107. ACQUISITION OF PROPERTY. The district may acquire land or other property necessary to carry out this chapter by gift, grant, devise, lease, purchase, or condemnation. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.

Sec. 8845.108. SALE AND DISPOSAL OF PROPERTY. Subject to this chapter and Chapter 36 and Subchapters H and I, Chapter 49, Water Code, the district may sell or otherwise dispose of land and other property of the district that is not necessary to carry out the purpose or powers of …

Sec. 8845.109. IMPROVEMENTS AND FACILITIES. (a) The district may construct or acquire and improve and maintain works, facilities, and improvements necessary to carry out the purpose, powers, and plans of the district. (b) The district shall construct and acquire works, facilities…

Sec. 8845.110. INPUT WELLS. The district may drill, equip, operate, and maintain input wells, pumps, and other facilities to carry out its purpose and powers under this chapter. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.

Sec. 8845.111. STUDIES AND SURVEYS. (a) The board may have a professional engineer conduct studies and surveys of the groundwater and surface water supplies in the district and the facilities available for use in the conservation, preservation, protection, recharge, and preventio…

Sec. 8845.112. RESEARCH; INFORMATION. The district may engage in research projects and develop information to be used by the district in preparing and implementing the district's plans and in carrying out the district's powers and duties under this chapter. Added by Acts 2011, 82…

Sec. 8845.113. DISTRICT PLANS. (a) The district shall develop and implement comprehensive plans for the conservation, preservation, protection, recharge, and prevention of waste and pollution of groundwater and surface water in the district. (b) The plans must include all works, …

Sec. 8845.114. SERVICE OF PROCESS. Service of process in a suit may be had by serving the general manager. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.

Sec. 8845.115. PAYMENT OF JUDGMENTS. A court of this state that renders a money judgment against the district may require the board to pay the judgment from money in the district depository that is not dedicated to the payment of any indebtedness of the district. Added by Acts 20…

Sec. 8845.116. CERTAIN PERMIT DENIALS PROHIBITED. If the district regulates production of groundwater by permit as authorized by Chapter 36, Water Code, the board may not deny a permit to drill a well to the owner of land or the owner's heirs, assigns, and lessees on that land th…

Sec. 8845.117. PROHIBITION: SUPPLY OF WATER. The district may not contract to or take an action to supply groundwater or surface water inside or outside the district. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013. SUBCHAPTER D. GENERAL FIN…

Sec. 8845.151. MAINTENANCE AND OPERATIONS TAX; ELECTION. (a) The district may annually impose an ad valorem tax on property in the district for use in maintaining district facilities and paying district operating expenses. (b) The district may not impose a maintenance and operati…

Sec. 8845.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a) The board shall hold a public hearing on the annual budget. (b) Notice of the hearing must be published in a newspaper or newspapers having general circulation in the district at least 10 days before the date of the hearing.…

Sec. 8845.153. INVESTMENT OF DISTRICT MONEY. (a) District money may be invested by the board or its authorized representative in direct or indirect obligations of the United States, the state, or any political subdivision of the state. (b) District money may be placed in certific…

Sec. 8845.154. ANNUAL AUDIT. The board shall annually have an audit made of the financial condition of the district. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.

Sec. 8845.155. BORROWING MONEY. The district may borrow money for any purpose authorized by this chapter or any combination of those purposes. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.

Sec. 8845.156. PROHIBITION ON BONDS. The district may not issue bonds or impose an ad valorem tax to secure the payment of bonds. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.

Sec. 8845.157. RESTRICTION ON EXPENDITURES. Money may be spent only for an expense included in the annual budget or an amendment to the annual budget. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.