Title SD, Special District Local Laws Code

Sec. 8871.021. APPOINTMENT OF TEMPORARY DIRECTORS; VACANCIES; TERMS. (a) Seven persons who reside in the district shall be appointed as temporary directors not later than the 90th day after the effective date of the article of the Act creating this chapter as follows: (1) the cou…

Sec. 8871.022. ORGANIZATIONAL MEETING. (a) Not later than the 45th day after the date on which the seventh temporary director is appointed under Section 8871.021, the temporary directors shall hold the organizational meeting of the district. (b) The temporary directors shall sele…

Sec. 8871.023. AUTHORITY OF TEMPORARY DIRECTORS. (a) Except as provided by Subsections (c) and (d) or as otherwise provided by this subchapter, the temporary directors of the district have the same permitting and general management powers as those provided for initial and permane…

Sec. 8871.024. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a) The temporary directors shall order an election in the district, to be held not later than the uniform election date in November 2019, to confirm the creation of the district and to elect the initial directors. (b) …

Sec. 8871.025. INITIAL DIRECTORS. (a) Promptly after an election has been held under Section 8871.024 and the votes have been canvassed, if the creation of the district is confirmed, the temporary directors shall: (1) declare for each board position the person who receives the mo…

Sec. 8871.051. GOVERNING BODY; TERMS. (a) The district is governed by a board of seven directors. (b) Directors elected after the election held under Section 8871.024 serve four-year terms. (c) The directors are elected as follows: (1) one director must reside in the corporate li…

Sec. 8871.101. GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES. Except as otherwise provided by this chapter, the district has the powers and duties provided by the general law of this state, including Chapter 36, Water Code, applicable to groundwater conservation districts c…

Sec. 8871.102. AQUIFER STORAGE AND RECOVERY PROJECTS. The district may implement and develop aquifer storage and recovery projects in accordance with: (1) Chapters 27 and 36, Water Code; and (2) commission rules and guidance. Added by Acts 2017, 85th Leg., R.S., Ch. 644 (H.B. 434…

Sec. 8871.103. EXEMPT WELLS. (a) Groundwater withdrawals from the following wells may not be regulated, permitted, or metered by the district: (1) a well used for domestic use by a single private residential household and incapable of producing more than 10,000 gallons per day; a…

Sec. 8871.104. PERMIT REQUIRED. A well owner must obtain a permit and pay any required fees, including a well construction fee, before using any groundwater withdrawn from a well for purposes other than those exempted by Section 8871.103. Added by Acts 2017, 85th Leg., R.S., Ch. …

Sec. 8871.105. ACCESS TO PROPERTY. (a) Subject to Subsection (b), an employee or agent of the district is entitled to enter public or private property in the district at any reasonable time to: (1) inspect an exempt well; (2) inspect and investigate conditions relating to the qua…

Sec. 8871.106. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain. Added by Acts 2017, 85th Leg., R.S., Ch. 644 (H.B. 4345), Sec. 2.02, eff. September 1, 2017. SUBCHAPTER E. FINANCIAL PROVISIONS

Sec. 8871.151. WELL CONSTRUCTION FEE. The district may charge and collect a new well construction fee not to exceed $1,000 for a new well. Added by Acts 2017, 85th Leg., R.S., Ch. 644 (H.B. 4345), Sec. 2.02, eff. September 1, 2017.

Sec. 8871.152. PERMIT RENEWAL APPLICATION FEE. The district may charge and collect a permit renewal application fee not to exceed $400. Added by Acts 2017, 85th Leg., R.S., Ch. 644 (H.B. 4345), Sec. 2.02, eff. September 1, 2017.

Sec. 8871.153. SERVICE CONNECTION FEE. (a) This section does not apply to a water utility that has surface water as its sole source of water. (b) The district may levy and collect a water utility service connection fee not to exceed $1,000 for each new water service connection ma…

Sec. 8871.154. PRODUCTION FEE. The district may impose reasonable production fees on each well that is not exempt from permitting under Section 8871.103 based on the amount of water actually withdrawn from the well. The district may not impose a production fee under this section …

Sec. 8871.155. ADMINISTRATIVE MANAGEMENT FEE. The district may set a reasonable fee for administrative management on a per well basis. The district may set a fee for administrative management on a well that is exempt from permitting in an amount not greater than $40 per well, per…

Sec. 8871.156. CERTAIN FEES PROHIBITED. The district may not charge a fee under Section 36.205(b), (c), or (f), Water Code. Added by Acts 2017, 85th Leg., R.S., Ch. 644 (H.B. 4345), Sec. 2.02, eff. September 1, 2017.

Sec. 8871.157. LIMITATION ON AUTHORITY TO IMPOSE TAXES. The district does not have the authority granted by Sections 36.020 and 36.201-36.204, Water Code, relating to taxes. Added by Acts 2017, 85th Leg., R.S., Ch. 644 (H.B. 4345), Sec. 2.02, eff. September 1, 2017.