Title SD, Special District Local Laws Code

Sec. 8870.005. DISTRICT TERRITORY. (a) The district is composed of the territory described by Section 3, Chapter 1312, Acts of the 77th Legislature, Regular Session, 2001, as that territory may have been modified under: (1) Subsection (b) or its predecessor statute, former Sectio…

Sec. 8870.006. MUNICIPALITY'S CHOICE OF DISTRICT. (a) If any part of a municipality, a part of which is included within the boundaries of the district, is included within the boundaries of one or more other groundwater conservation districts created by special Act of the 77th Leg…

Sec. 8870.007. EFFECT OF ANNEXATION OF LAND BY CERTAIN MUNICIPALITIES. (a) In this section: (1) "Inhabited land" means land on which at least one fixed, permanent, and occupied dwelling is situated, as of the date on which the land is annexed by a municipality. (2) "Vacant land" …

Sec. 8870.051. COMPOSITION OF BOARD; TERMS. (a) The district is governed by a board of five directors. (b) Directors serve staggered four-year terms. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.05, eff. April 1, 2015.

Sec. 8870.052. ELECTION OF DIRECTORS. (a) The district is divided into five numbered, single-member districts for electing directors. (b) One director is elected from each single-member district. A director elected from a single-member district represents the residents of that si…

Sec. 8870.053. ELECTION DATE. Each even-numbered year, on the uniform election date in May or another date authorized by law, the appropriate number of directors shall be elected. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.05, eff. April 1, 2015.

Sec. 8870.054. QUALIFICATIONS FOR OFFICE. (a) To be qualified to be a candidate for or to serve as director, a person must be a registered voter in the single-member district that the person represents or seeks to represent. (b) The disqualification of a director is governed by S…

Sec. 8870.055. BOARD VACANCY. (a) The board shall appoint a replacement to fill a vacancy in the office of director. (b) The appointed replacement serves until the next directors' election. (c) At that election, a person is elected to fill the position. If the position is not sch…

Sec. 8870.056. REVISION OF SINGLE-MEMBER DISTRICTS. (a) The board may revise the single-member districts as necessary or appropriate. (b) The board shall revise each single-member district after each federal decennial census to reflect population changes. (c) At the first electio…

Sec. 8870.101. GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES. 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 conservation districts created under S…

Sec. 8870.102. REGULATION OF WELLS. (a) The board may require all or certain types of wells in the district to be registered with the district. (b) Notwithstanding Section 36.117, Water Code: (1) the production capacity for an exempt well in the district is 10,000 gallons per day…

Sec. 8870.103. PUBLIC WATER SUPPLY WELLS; CERTAIN WELLS EXEMPT FROM REGULATION. (a) A public water supply well is exempt from regulation by the district if: (1) the well existed on September 1, 2001, and was drilled in compliance with technical requirements in effect at the time …

Sec. 8870.104. MANAGEMENT PRACTICES; CONSTRUCTION AND MAINTENANCE. The district may: (1) construct, implement, and maintain best management practices in the district; (2) engage in and promote the acceptance of best management practices through education efforts sponsored by the …

Sec. 8870.105. LIMITATIONS ON DISTRICT POWERS. The district may not: (1) sell, donate, lease, or otherwise grant rights in or to underground water located in the district unless the action has been approved by a majority vote of district residents; or (2) enter into any contract …

Sec. 8870.151. MAINTENANCE AND OPERATION TAX. (a) Except as provided by Subsection (b), the board may impose a maintenance and operation tax if the tax is approved by a majority of the qualified voters voting at an election called and held for that purpose in the manner provided …

Sec. 8870.152. LIMITATION ON TAXES; PROHIBITED TAXES AND FEES. (a) The district may not assess an ad valorem tax for administrative, operation, and maintenance expenses in excess of three cents for each $100 valuation. (b) The district may not impose a tax on or charge a fee to a…

Sec. 8870.153. FEES. (a) Except as provided by Subsection (g), the board may impose fees on each nonexempt well in the district. (b) A fee may be assessed annually, based on: (1) the size of column pipe used in the well; (2) the production capacity of the well; or (3) actual, aut…

Sec. 8870.154. RECHARGE CREDITS. The board shall adopt rules regarding the issuance of appropriate recharge credits to persons in the district who: (1) pay taxes or fees to the district; and (2) enhance, supplement, improve, or prevent pollution of recharge of the Trinity Aquifer…

Sec. 8870.155. USE OF DISTRICT FUNDS. (a) The district may use a tax collected under Section 8870.151 or a fee collected under Section 8870.153 to pay for the district's management and operation and to pay all or part of the principal of and interest on district bonds or notes. (…