SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8877. CLEARWATER UNDERGROUND WATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 8877.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "Director" means a board member.
(3)  "District" means the Clearwater Underground Water Conservation District.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.

Sec. 8877.002.  NATURE OF DISTRICT.  The district is a groundwater conservation district in Bell County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.

Sec. 8877.003.  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 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.

Sec. 8877.004.  DISTRICT TERRITORY.  The district includes the territory located in Bell County unless the district's territory has been modified under:
(1)  Subchapter J or K, Chapter 36, Water Code; or
(2)  other law.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.

Sec. 8877.005.  CONFLICTS OF LAW.  This chapter prevails over any provision of general law that is in conflict or inconsistent with this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8877.051.  COMPOSITION OF BOARD; TERMS. (a) The district is governed by a board of five elected directors.
(b)  Except as provided by Section 8877.052(d), directors serve staggered four-year terms.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.

Sec. 8877.052.  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.
(c)  A person shall indicate on the application for a place on the ballot:
(1)  the precinct that the person seeks to represent; or
(2)  that the person seeks to represent the district at large.
(d)  At the first election after the county commissioners precincts are redrawn under Section 18, Article V, Texas Constitution, four new directors shall be elected to represent the newly redrawn precincts. The directors from precincts one and three shall be elected for two-year terms. The directors from precincts two and four shall be elected for four-year terms. When the directors elected from the new precincts take office, the terms of the directors elected from the previous precincts expire.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.

Sec. 8877.053.  ELECTION DATE.  The district shall hold an election to elect the appropriate number of directors on the uniform election date in November of each even-numbered year.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.

Sec. 8877.054.  QUALIFICATIONS FOR OFFICE.  (a)  To be qualified 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 a candidate for or to serve as director from a county commissioners precinct, a person must be a registered voter of that precinct.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8877.101.  GENERAL POWERS AND DUTIES.  The district has all of 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 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8877.151.  MAINTENANCE AND OPERATION TAX.  (a) Except as provided by Subsection (b), the district may impose an ad valorem tax at a rate not to exceed five cents on each $100 of valuation of property in the district to pay for the maintenance and operation of the district on approval of a majority of the voters of the district at an election held for that purpose.
(b)  The board may increase the maximum amount of ad valorem taxes that may be imposed in the district:
(1)  if the board determines that the maximum tax authorized by Subsection (a) is not sufficient to pay the maintenance and operating expenses of the district; and
(2)  on approval of a majority of the voters of the district voting at an election held for that purpose.
(c)  The maximum amount of taxes that may be authorized under this section may not exceed 25 cents on each $100 of valuation of property in the district.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.