Title SD, Special District Local Laws Code

Sec. 8868.005. ADDITION OF ADJACENT COUNTY TO DISTRICT. (a) An adjacent county may petition to join the district by resolution of the commissioners court of the county. (b) If, after a hearing on the resolution, the board finds that the addition of the county would benefit the di…

Sec. 8868.006. LANDOWNERS' RIGHTS. The rights of landowners and their lessees and assigns in groundwater in the district are recognized. Nothing in this chapter may be construed to deprive or divest the landowners or their lessees and assigns of their rights, subject to district …

Sec. 8868.051. COMPOSITION OF BOARD; TERMS. (a) The district is governed by a board of directors appointed under Sections 8868.052 and 8868.053. (b) Directors serve three-year terms. (c) A director may serve consecutive terms. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 10…

Sec. 8868.052. APPOINTMENT OF DIRECTORS BY INITIAL COUNTIES. (a) The Jasper County Commissioners Court shall appoint two directors. One director shall represent rural water utilities and small municipal water supply interests. The other director shall represent the large industri…

Sec. 8868.053. APPOINTMENT OF DIRECTORS BY ADDITIONAL COUNTIES. When a county is added to the district, the board may change the number of directors so that an equal number of directors are appointed from each county and one director is appointed jointly by the counties. Added by…

Sec. 8868.054. QUALIFICATIONS; GROUNDWATER PRODUCERS. A director is not disqualified from serving because the director is an employee, manager, director, or officer of a groundwater producer that is or may be regulated by the district. Added by Acts 2013, 83rd Leg., R.S., Ch. 112…

Sec. 8868.055. BOARD VACANCY. (a) If there is a vacancy on the board, the governing body of the entity that appointed the director who vacated the office shall appoint a director to serve the remainder of the term. (b) The board shall adopt rules or bylaws to establish when a vac…

Sec. 8868.056. COMPENSATION; EXPENSES. (a) A director is not entitled to receive compensation for serving as a director. (b) A director may be reimbursed for actual, reasonable expenses incurred in discharging official duties. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 10…

Sec. 8868.057. VOTE REQUIRED FOR BOARD ACTION. A majority vote of a quorum of the board is required for board action. If there is a tie vote, the proposed action fails. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.05, eff. April 1, 2015. SUBCHAPTER C. POWERS A…

Sec. 8868.101. GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES. Except as provided by this chapter, the district has the rights, powers, privileges, functions, and duties provided by the general law of this state, including Chapter 36, Water Code, applicable to groundwater co…

Sec. 8868.102. TRANSFER OF GROUNDWATER OUT OF DISTRICT. The district by rule may require a person to obtain a permit from the district for the transfer of groundwater out of the district consistent with Section 36.122, Water Code, and may regulate the terms on which a permit hold…

Sec. 8868.103. LIMIT ON PURCHASE OF GROUNDWATER RIGHTS FOR CONSERVATION PURPOSES. The district may not purchase groundwater rights unless the purchased rights are acquired for conservation purposes and are permanently held in trust not to be produced. Added by Acts 2013, 83rd Leg…

Sec. 8868.104. WELLS EXEMPT FROM REGULATION. (a) The district may not require a permit for a well incapable of producing more than 25,000 gallons of groundwater a day. (b) A well meeting the criteria established under Section 36.117, Water Code, including a well used for dewateri…

Sec. 8868.105. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.05, eff. April 1, 2015. SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8868.151. TAXES PROHIBITED. The district may not impose a tax. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.05, eff. April 1, 2015.

Sec. 8868.152. TAX BONDS PROHIBITED. The district may not issue any bonds or other obligations that pledge revenue derived from district taxation. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.05, eff. April 1, 2015.

Sec. 8868.153. PERMIT FEES. (a) The district by rule may impose a reasonable fee on each well that is not exempt from regulation by the district and for which a permit is issued by the district. (b) The fee must be based on the amount of water to be withdrawn from the well. (c) T…