SPECIAL = DISTRICT LOCAL LAWS CODE=C2=A0=C2=A0CHAPTER 8826. BRAZORIA COUNTY = GROUNDWATER CONSERVATION DISTRICT

From: Subject: =?iso-8859-1?Q?SPECIAL_DISTRICT_LOCAL_LAWS_CODE=A0=A0CHAPTER_8826._BRAZOR?= =?iso-8859-1?Q?IA_COUNTY_GROUNDWATER_CONSERVATION_DISTRICT?= Date: Thu, 21 Jul 2011 13:10:52 -0500 MIME-Version: 1.0 Content-Type: multipart/related; type="text/html"; boundary="----=_NextPart_000_0004_01CC47A7.9DD60060" X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.6109 This is a multi-part message in MIME format. ------=_NextPart_000_0004_01CC47A7.9DD60060 Content-Type: text/html; charset="utf-8" Content-Transfer-Encoding: quoted-printable Content-Location: mhtml:file://C:\Documents and Settings\bcgcd-sherry\Local Settings\Temporary Internet Files\OLK27\BCGCD - 2011.mht =EF=BB=BF SPECIAL = DISTRICT LOCAL LAWS CODE=C2=A0=C2=A0CHAPTER 8826. BRAZORIA COUNTY = GROUNDWATER CONSERVATION DISTRICT =

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SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8826. BRAZORIA COUNTY GROUNDWATER CONSERVATION = DISTRICT

SUBCHAPTER A. GENERAL = PROVISIONS

Sec. 8826.001. DEFINITIONS. In this = chapter:

(1) "Board" means the district's board of = directors.

(2) "Director" means a board member.

(3) "District" means = the Brazoria County Groundwater Conservation District.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.05, eff. April 1, 2011.

Sec. 8826.002. NATURE OF DISTRICT. The district = is a groundwater conservation district in Brazoria County created under = and essential to accomplish the purposes of Section 59, Article XVI, = Texas Constitution.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.05, eff. April 1, 2011.

Sec. 8826.003. FINDINGS OF PUBLIC USE AND = BENEFIT. (a) The district is created to serve a public use and = benefit.

(b) All land and other property included in the = district will benefit from the works and projects accomplished by the = district under the powers conferred by Section 59, Article XVI, Texas = Constitution.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.05, eff. April 1, 2011.

Sec. 8826.004. DISTRICT TERRITORY. The = district's boundaries are coextensive with the boundaries of Brazoria = County, Texas, unless the district's territory has been modified = under:

(1) Subchapter J, Chapter 36, Water Code; = or

(2) other = law.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.05, eff. April 1, 2011.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. = 8826.051. 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 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.05, eff. April 1, 2011.

Sec. 8826.052. ELECTION OF DIRECTORS. (a) = Directors are elected according to the commissioners precinct method as = provided by this section.

(b) One director is elected by the voters of the = entire district. One director is elected from each county = commissioners precinct by the voters of that precinct.

(1) the precinct = that the person seeks to represent; or

(2) that the person = seeks to represent the district at large.

(d) When the boundaries of the county = commissioners precincts are redrawn under Section 18, Article V, Texas = Constitution, a director in office on the effective date of the change, = or elected or appointed before the effective date of the change to a = term of office beginning on or after the effective date of the change, = shall serve the term or the remainder of the term in the precinct to = which elected or appointed even though the change in boundaries places = the director's residence outside the precinct for which the director was = elected or appointed.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.05, eff. April 1, 2011.

Sec. 8826.053. ELECTION DATE. On the first = Tuesday after the first Monday in November of each even-numbered year, = the appropriate number of directors shall be elected.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.05, eff. April 1, 2011.

Sec. 8826.054. ELIGIBILITY. (a) To be eligible = to be a candidate for or to serve as director at large, a person must be = a registered voter in the district.

(b) To be eligible to be a candidate for or to = serve as director from a county commissioners precinct, a person must be = a registered voter of that precinct, except as provided by Section = 8826.052(d).

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.05, eff. April 1, 2011.

SUBCHAPTER C. POWERS AND DUTIES

Sec. = 8826.101. GROUNDWATER CONSERVATION DISTRICT POWERS AND = DUTIES. Except as provided by Section 8826.102, 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 Section 59, Article = XVI, Texas Constitution.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.05, eff. April 1, 2011.

Sec. 8826.102. LIMITATIONS ON DISTRICT POWERS. = The district may not:

(1) impose a tax of any type;

(2) exercise the = power of eminent domain;

(3) acquire land;

(4) issue or sell bonds; or

(5) purchase, sell, = transport, or distribute surface water or groundwater.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.05, eff. April 1, 2011.

Sec. 8826.103. WELLS EXEMPT FROM REGULATION. = (a) For a new or existing water well on private property that serves = only a single-family dwelling used only for domestic purposes, the = district may not:

(1) assess or collect a fee of any type; = or

(2) require = that a meter be placed on the well.

(b) For a new or existing water well used only = for agriculture, as that term is defined by Section 36.001, Water Code, = the district may not:

(1) assess or collect a fee of any type; = or

(2) require = that a meter be placed on the well.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.05, eff. April 1, 2011.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8826.151. FEES. = Unless exempt under this chapter or Chapter 36, Water Code, the board = may establish by schedule and impose:

(1) a production fee under Section 36.205, Water = Code;

(2) an = export fee for groundwater transferred out of the district in an amount = not to exceed 150 percent of the maximum wholesale water rate charged by = the City of Houston; and

(3) other fees as authorized by Chapter 36, = Water Code.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.05, eff. April 1, 2011.

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