SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8831.  COASTAL PLAINS GROUNDWATER

CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 8831.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "Director" means a board member.
(3)  "District" means the Coastal Plains Groundwater Conservation District.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8831.002.  NATURE OF DISTRICT.  The district is a groundwater conservation district in Matagorda 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 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8831.003.  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 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8831.004.  DISTRICT TERRITORY.  The district's boundaries are coextensive with the boundaries of Matagorda 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 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8831.005.  CONFLICTS OF LAW.  The following provisions prevail over a conflicting or inconsistent provision of this chapter:
(1)  Sections 36.1071-36.108, Water Code;
(2)  Sections 36.159-36.161, Water Code; and
(3)  Subchapter I, Chapter 36, Water Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 22.023, eff. September 1, 2011.

SUBCHAPTER B.  BOARD OF DIRECTORS

Sec. 8831.051.  COMPOSITION OF BOARD; TERMS.  (a)  The district is governed by a board of seven directors.
(b)  Directors serve staggered four-year terms.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8831.052.  ELECTION OF DIRECTORS.  (a)  Three directors are elected by the voters of the entire district.  One director is elected from each county commissioners precinct by the voters of that precinct.  The directors elected from precincts 1-4 occupy positions 1-4, respectively, on the board.  The at-large directors occupy positions 5-7, respectively, on the board.
(b)  A person shall indicate on the application for a place on the ballot the position on the board for which the person is a candidate.
(c)  At the first election after the county commissioners precincts are redrawn under Section 18, Article V, Texas Constitution, each director in office on the effective date of the change, or elected to a term of office beginning on or after the effective date of the change, shall serve, unless otherwise removed as provided by law, in the position to which each was elected for the entire term to which elected, even though the change in boundaries places the director's residence outside the precinct from which the director was elected.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8831.053.  ELECTION DATE.  Each even-numbered year, the board shall hold an election in the district on a uniform election date provided by Section 41.001(a), Election Code, to elect the appropriate number of directors.  If the board changes the election date, the district shall adjust the terms of office to conform to the new election date.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8831.054.  ELIGIBILITY.  (a)  To be eligible to be a candidate for or to serve as a director at large, a person must be a registered voter of the district.
(b)  To be eligible to be a candidate for or to serve as a director from a county commissioners precinct, a person must be a registered voter of that precinct, except as provided by Section 8831.052(c).
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8831.055.  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 scheduled to be filled at the election, the person elected to fill the position serves only for the remainder of the unexpired term.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 8831.101.  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 conservation districts created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8831.102.  REGIONAL COOPERATION.  To provide for uniformity across districts in addressing the need to achieve a common approach to managing the underlying aquifer and to ensure that administration of the district will be cost-effective, the district shall:
(1)  attempt to coordinate meetings with adjacent districts;
(2)  encourage sharing of personnel and resources to achieve administrative cost savings;
(3)  study a common approach for collecting and sharing appropriate data to be used in managing the aquifer;
(4)  support cooperation in the investigation of aquifer contamination; and
(5)  include adjacent districts on mailing lists for district meeting announcements, newsletters, public meetings, and other scheduled events.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS

Sec. 8831.151.  DISTRICT REVENUE AND FEES.  To accomplish the regulatory goals of the district, to pay the district's maintenance and operating costs, and to pay any bonds issued by the district, the district may:
(1)  impose an ad valorem tax at a rate not to exceed 2.5 cents for each $100 of taxable value of property in the district, subject to voter approval;
(2)  assess production fees as authorized by Section 36.205, Water Code;
(3)  solicit and accept grants from any public or private source; and
(4)  assess:
(A)  an export fee on groundwater exported from the district in an amount not to exceed 150 percent of the maximum wholesale water rate charged by the City of Houston; and
(B)  other fees authorized by Chapter 36, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 529 (H.B. 1421), Sec. 1, eff. June 16, 2015.