Texas Special District Local Laws Code Title 6, Chapter 8801 - Harris-galveston Subsidence District

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 8801.001 - Definitions
  In this chapter: (1) "Agricultural crop": (A) means food or fiber commodities that are grown for resale or commercial purposes and that are to be...
• Texas Section 8801.002 - Nature Of District
  The district is a conservation and reclamation district created under Section 59, Article XVI, Texas Constitution, and is essential to accomplish the purposes of that...
• Texas Section 8801.003 - Purpose; Legislative Intent
  (a) The purpose of this chapter is to provide for the regulation of groundwater withdrawal in the district to end subsidence, which contributes to or...
• Texas Section 8801.004 - Findings Of Benefit And Public Purpose
  (a) The district is created to serve a public use and benefit. (b) The works and projects accomplished by the district under powers conferred by...

SUBCHAPTER B DISTRICT ADMINISTRATION

• Texas Section 8801.005 - District Territory
  The district includes the territory located within the boundaries of Harris County and Galveston County, as that territory may have been modified under: (1) Section...
• Texas Section 8801.051 - Directors
  (a) The district is governed by a board composed of 19 directors appointed as provided by this section. Directors serve for two-year, staggered terms. A...
• Texas Section 8801.052 - Fees Of Office; Reimbursement
  (a) A director is entitled to fees of office of not more than $150 a day for each day the director actually spends performing the...
• Texas Section 8801.053 - Board Powers And Duties
  (a) In addition to the powers and duties described in this chapter, the board has all other powers necessary or convenient to carry out its...
• Texas Section 8801.054 - Officers
  (a) Each year, at the first meeting after the new directors take office, the directors shall select from among the directors a chair, a vice...
• Texas Section 8801.055 - Meetings
  (a) The board shall hold regular meetings once each month at a time set by the board. The board may hold special meetings at the...
• Texas Section 8801.0551 - Quorum
  A majority of the membership of the board constitutes a quorum for any meeting, and a concurrence of a majority of the entire membership of...
• Texas Section 8801.0552 - Sworn Statement, Bond, And Oath Of Office
  (a) As soon as practicable after a director is appointed, the director shall make the sworn statement prescribed by the constitution for public officers. (b)...
• Texas Section 8801.056 - Vacancies
  If a vacancy occurs on the board, a person representing the same area as the vacating director shall be appointed as provided by Section 8801.051...
• Texas Section 8801.057 - General Manager
  (a) The board shall employ a general manager, who serves as the chief administrative officer of the district. The board may delegate to the general...
• Texas Section 8801.058 - Employees; Bond
  (a) The general manager shall employ persons necessary to properly handle district business and operation. The general manager may employ attorneys, bookkeepers, engineers, and other...
• Texas Section 8801.059 - Employee Benefits
  (a) The board may provide for and administer retirement, disability, and death compensation funds for the employees of the district. (b) The board may establish...
• Texas Section 8801.060 - Expenditures
  (a) The district's money may be disbursed only by check, draft, order, electronic funds transfer, or other instrument. The board may by resolution allow disbursements...
• Texas Section 8801.061 - Fiscal Year
  The fiscal year of the district is the calendar year. Added by Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 6, eff. May 27,
• Texas Section 8801.062 - Annual Audit
  (a) The board annually shall order an audit to be made of the financial condition of the district. (b) The annual audit and other district...
• Texas Section 8801.063 - Annual Budget
  (a) The board shall adopt an annual budget. (b) The budget must contain a complete financial statement, including a statement of: (1) the outstanding obligations...
• Texas Section 8801.064 - Depository
  (a) The board shall name one or more banks to serve as depository for district money. (b) District money must be deposited as received with...
• Texas Section 8801.065 - Investments
  (a) District money may be invested and reinvested in accordance with Chapter 2256, Government Code. (b) The board, by resolution, may provide that an authorized...

SUBCHAPTER C POWERS AND DUTIES

• Texas Section 8801.066 - Investment Officer
  (a) Notwithstanding Section 2256.005(f), Government Code, the board may contract with a person to act as investment officer of the district. (b) The investment officer...
• Texas Section 8801.101 - District Powers And Duties
  Except as provided by Section 8801.103, the district has all of the rights, powers, privileges, and authority necessary and convenient to exercise its jurisdiction and...
• Texas Section 8801.102 - Nonapplicability Of Other Law
  (a) Other laws governing the administration or operation of conservation and reclamation districts created under Section 52, Article III, or Section 59, Article XVI, Texas...
• Texas Section 8801.103 - Sale Or Distribution Of Water Prohibited
  The district may not sell or distribute surface water or groundwater for any purpose. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1,
• Texas Section 8801.104 - Authority To Compel Testimony, Administer Oaths, And Issue Subpoenas
  If necessary to carry out its powers, duties, and functions under this chapter, the board may: (1) compel the testimony of a person; (2) administer...
• Texas Section 8801.105 - Suits By Or Against The District; Representation By Attorney General
  (a) The district may sue and be sued in the courts of this state in the name of the district by and through the board....
• Texas Section 8801.106 - Grants; Contracts
  (a) The district may make or accept a grant, gratuity, advance, or loan in any form to or from any public source approved by the...
• Texas Section 8801.107 - Cooperation With Governmental Entities
  In implementing this chapter, the board may request the assistance of and cooperate with a local government or an agency of this state or of...
• Texas Section 8801.108 - Rules
  (a) After notice and hearing, the board shall adopt rules designed to expeditiously and effectively implement this chapter and accomplish its purpose, including rules governing...
• Texas Section 8801.109 - Hearings
  (a) Board hearings must be conducted as provided by this section and Section 8801.110. (b) At a regular meeting of the board, the board shall...
• Texas Section 8801.110 - Notice Of Hearings
  (a) Except as provided by this section, notice of hearings shall be provided according to Chapter 551, Government Code. (b) At a meeting at which...
• Texas Section 8801.111 - District Plan
  (a) The board shall formulate a plan to control and prevent subsidence in the district. (b) The plan must: (1) reduce groundwater withdrawals to amounts...
• Texas Section 8801.112 - Adoption Of District Plan
  (a) The board shall hold a hearing to consider a plan formulated under Section 8801.111. (b) After the hearing, the board shall: (1) make any...
• Texas Section 8801.113 - Water Conservation Measures
  (a) The board may adopt rules requiring the use of water conservation measures to reduce groundwater withdrawals. (b) The district may cooperate with the commission...
• Texas Section 8801.114 - District Research
  (a) The district may conduct studies and research that the board considers necessary to implement this chapter. In conducting studies and research, the district may...
• Texas Section 8801.115 - Studies By Board Staff
  At least once each year and at any other time the board considers necessary, the board shall have its staff and, if necessary, the staff...
• Texas Section 8801.116 - Access To Property
  (a) To perform technical and other investigations needed to implement this chapter, the board and its agents and employees are entitled to access to all...
• Texas Section 8801.117 - Annual Groundwater Withdrawal Determination
  (a) The board shall hold an annual hearing to determine the effects of groundwater withdrawal during the preceding calendar year on subsidence in the district....
• Texas Section 8801.118 - Monitoring And Supervision By District
  (a) The district may use subsidence compaction monitors, water-level observation wells, and other materials and equipment to determine the amount of groundwater that may be...
• Texas Section 8801.119 - Regulation Of Spacing And Groundwater Withdrawal
  (a) To minimize as far as practicable the drawdown of the water table and the reduction of artesian pressure and to control and prevent subsidence,...
• Texas Section 8801.120 - Water-metering Devices
  The board may require water-metering devices to be placed on wells in the district and may adopt standards for the accuracy, testing, and calibration of...
• Texas Section 8801.121 - Required Written Policies
  The board shall adopt the following written policies: (1) a code of ethics for district directors, officers, and employees, and persons who are engaged in...
• Texas Section 8801.122 - Records
  The board shall maintain a complete account of all meetings and proceedings and shall preserve its minutes, contracts, records, notices, accounts, receipts, and other records...

SUBCHAPTER D REGULATORY PROVISIONS

• Texas Section 8801.123 - Open Or Uncovered Wells
  (a) The district may require the owner or lessee of land on which an open or uncovered well is located to keep the well closed...
• Texas Section 8801.151 - Groundwater Withdrawals Subject To Board Rule
  (a) Groundwater withdrawals governed by this chapter, including withdrawals of injected water, are subject to reasonable board rules and orders, taking into account all factors,...
• Texas Section 8801.152 - Certain Groundwater Uses Exempt
  The permit requirements of this chapter do not apply to: (1) a well regulated under Chapter 27, Water Code; (2) a well with a casing...
• Texas Section 8801.154 - Well Registration
  The board by rule may require the registration of any well in the district. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1,
• Texas Section 8801.155 - Permit Required
  (a) A well owner must obtain a permit from the board before: (1) drilling, equipping, or completing the well; (2) substantially altering the size of...
• Texas Section 8801.156 - Application For Permit
  (a) A person must submit an application to the board to obtain a permit under this chapter. (b) The application must state: (1) the name...
• Texas Section 8801.157 - Notice And Hearing On Permit
  (a) On receiving an application for a permit, the board shall issue notice and set a time for a hearing on the application. (b) The...
• Texas Section 8801.158 - Issuance Of Permit
  (a) Within a reasonable period after a permit hearing under Section 8801.157, but not later than the 60th day after the date of the hearing,...
• Texas Section 8801.159 - Term Of Permit
  (a) A permit issued under this chapter may be for a term not to exceed five years as set by the board. (b) A permit...
• Texas Section 8801.160 - Renewal Of Permit
  The board may renew a permit for a well in the manner provided for obtaining the original permit. Acts 2003, 78th Leg., ch. 1277, Sec....
• Texas Section 8801.161 - Permit Fees
  (a) When the board issues or renews a permit, the board shall collect a permit fee from the applicant. The fee shall be determined by...
• Texas Section 8801.162 - Annual Report
  (a) Before January 31 each year, a well owner who is required to hold a permit under this chapter shall submit to the board a...

SUBCHAPTER E APPEAL AND ENFORCEMENT PROVISIONS

• Texas Section 8801.163 - Conversion To Alternative Water Supply
  (a) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1187, Sec. 12, eff. June 14, 2013. (b) The board may issue an order requiring a...
• Texas Section 8801.201 - Appeal Of Surface Water Rates
  (a) A person who is required to convert to surface water under this chapter and who purchases that water supply wholesale from a political subdivision...
• Texas Section 8801.202 - Appeal Of District Actions
  (a) A person who is adversely affected by a rule, order, or other official action of the district under this chapter, including a person residing...
• Texas Section 8801.204 - Injunctive Relief; Civil Penalty
  (a) If it appears that a person has violated or is violating or threatening to violate this chapter or a rule, permit, or other order...

Last modified: September 28, 2016