SPECIAL DISTRICT LOCAL LAWS CODE


TITLE 6. WATER AND WASTEWATER


SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER


CHAPTER 8893. LIVE OAK UNDERGROUND WATER CONSERVATION DISTRICT


SUBCHAPTER A. GENERAL PROVISIONS


Sec. 8893.0001. DEFINITIONS. In this chapter:

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

(2) "Director" means a board member.

(3) "District" means the Live Oak Underground Water Conservation District.

Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.04, eff. April 1, 2021.

Sec. 8893.0002. NATURE OF DISTRICT. The district is created to provide for the conservation, preservation, protection, recharge, and prevention of waste of the groundwater reservoirs located under district land, consistent with the objectives of Section 59, Article XVI, Texas Constitution, and Chapter 36, Water Code.

Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.04, eff. April 1, 2021.

Sec. 8893.0003. DISTRICT TERRITORY. The district includes the territory in Live Oak 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 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.04, eff. April 1, 2021.

Sec. 8893.0004. CONFLICTS OF LAW. (a) This section applies only to a provision of Chapter 36, Water Code, enacted on or before June 12, 2017.

(b) If there is a conflict between this chapter and Chapter 36, Water Code, this chapter controls.

Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.04, eff. April 1, 2021.

SUBCHAPTER B. BOARD OF DIRECTORS


Sec. 8893.0051. 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 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.04, eff. April 1, 2021.

Sec. 8893.0052. ELECTION OF DIRECTORS. One director is elected from each county commissioners precinct in Live Oak County. One director is elected from the district at large.

Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.04, eff. April 1, 2021.

Sec. 8893.0053. ELECTION OF DIRECTORS AFTER ANNEXATION. The board shall determine to which precinct annexed land will be added for purposes of election of directors.

Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.04, eff. April 1, 2021.

Sec. 8893.0054. ELECTION DATE. The district shall hold an election to elect the appropriate number of directors in each even-numbered year.

Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.04, eff. April 1, 2021.

Sec. 8893.0055. QUALIFICATIONS FOR OFFICE. (a) To be qualified for election as a director, a person must be:

(1) a resident of the district; and

(2) at least 18 years of age.

(b) To represent a commissioner precinct, a person must be a resident of the precinct.

Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.04, eff. April 1, 2021.

SUBCHAPTER C. POWERS AND DUTIES


Sec. 8893.0101. GENERAL POWERS AND DUTIES. The district has:

(1) the powers essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution; and

(2) the rights, powers, duties, privileges, and functions provided by Chapter 36, Water Code, and other laws of this state relating to groundwater conservation districts.

Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.04, eff. April 1, 2021.

Sec. 8893.0102. ADMINISTRATIVE PROCEDURES. Except as otherwise provided by this chapter, the administrative and procedural provisions of Chapter 36, Water Code, apply to the district.

Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.04, eff. April 1, 2021.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS


Sec. 8893.0151. TAX AND BOND PROVISIONS. (a) Except as provided by Subsection (b), the tax and bond provisions of Subchapters F and G, Chapter 36, Water Code, apply to the district.

(b) Notwithstanding Section 36.201(b), Water Code, the district may annually levy taxes to pay the maintenance and operating expenses of the district at a rate not to exceed five cents on each $100 of assessed valuation.

Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.04, eff. April 1, 2021.