Texas Special District Local Laws Code Title 6, Chapter 8834 - Fort Bend Subsidence District

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 8834.001 - 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 8834.002 - Nature Of District
  The district is: (1) a conservation and reclamation district created under Section 59, Article XVI, Texas Constitution; and (2) a political subdivision of the state....
• Texas Section 8834.003 - Purpose; Legislative Intent
  (a) The purpose of this chapter is to provide for the regulation of groundwater withdrawal in the district to prevent subsidence, which contributes to or...
• Texas Section 8834.004 - Findings Of Public Use And Benefit
  The district is created to serve a public use and benefit. Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff....
• Texas Section 8834.005 - District Territory
  The district includes the territory in Fort Bend County unless the district's territory has been modified under other law. Added by Acts 2009, 81st Leg.,...

SUBCHAPTER B DISTRICT ADMINISTRATION

• Texas Section 8834.006 - Certain Other Statutes Inapplicable
  (a) Other laws governing the administration or operation of a conservation and reclamation district created under Section 52, Article III, or Section 59, Article XVI,...
• Texas Section 8834.051 - Directors
  (a) The district is governed by a board of 15 directors appointed as provided by this section. (b) Directors serve two-year terms. (c) A director...
• Texas Section 8834.052 - Board Powers And Duties
  (a) The board has all powers necessary or convenient to carry out its responsibilities and accomplish the purpose of this chapter, whether the powers are...
• Texas Section 8834.053 - Official Board Actions
  The affirmative vote of a majority of the directors is required for any official board action. Added by Acts 2009, 81st Leg., R.S., Ch. 1139...
• Texas Section 8834.054 - Director's Bond
  (a) A director shall execute a bond that is: (1) for $5,000; (2) payable to the district; and (3) conditioned on the faithful performance of...
• Texas Section 8834.055 - Officers
  (a) Each year, at the first meeting after the new directors take office, the directors shall select a chair, a vice chair, and a secretary....
• Texas Section 8834.056 - Meetings
  (a) The board shall hold regular meetings at a time set by the board. (b) The board may hold a special meeting at the call...
• Texas Section 8834.057 - Applicability Of Open Meetings Law
  (a) The board shall give notice of board meetings as provided by Chapter 551, Government Code. Failure to provide notice of a regular meeting or...
• Texas Section 8834.058 - Compensation And Reimbursement Of Directors
  (a) A director is entitled to receive fees of office of not more than $150 a day for each day the director is engaged in...
• Texas Section 8834.059 - Vacancies
  If a vacancy occurs on the board, the person or persons designated by Section 8834.051 to appoint a director for the position that is vacated...
• Texas Section 8834.060 - District Policies
  The board shall adopt the following written policies: (1) a code of ethics for district directors, officers, and employees and for persons engaged in handling...
• Texas Section 8834.061 - General Manager
  (a) The board may employ a general manager to serve as the chief administrative officer of the district. The district may contract with any person...
• Texas Section 8834.062 - Personnel
  (a) The general manager shall employ personnel necessary to properly handle district business and operation. The general manager may employ attorneys, bookkeepers, engineers, and other...
• Texas Section 8834.063 - 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: (1)...
• Texas Section 8834.064 - Bond For Employee Responsible For Money
  (a) The board shall require an employee who collects, pays, or handles district money to provide a good and sufficient bond that is: (1) in...
• Texas Section 8834.065 - District Office
  The board shall maintain its principal office in the district for conducting district business. The office must be in the district. Added by Acts 2009,...
• Texas Section 8834.066 - Maintenance Of Records; Public Inspection
  (a) The district shall: (1) keep a complete account of board meetings and proceedings; and (2) maintain in a safe place the board's minutes, contracts,...

SUBCHAPTER C POWERS AND DUTIES

• Texas Section 8834.067 - Seal
  The board shall adopt a seal. Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.
• Texas Section 8834.101 - District Plan
  (a) The board shall formulate a plan to control and mitigate subsidence in the district. (b) The plan must: (1) regulate groundwater withdrawals to maintain...
• Texas Section 8834.102 - Adoption Of District Plan
  (a) The board shall hold a hearing to consider a plan formulated under Section 8834.101. (b) After the hearing, the board shall: (1) make any...
• Texas Section 8834.103 - 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 8834.104 - Annual Groundwater Withdrawal Determination
  (a) The board shall hold an annual hearing to determine the effects during the preceding calendar year of groundwater withdrawal on subsidence in the district....
• Texas Section 8834.105 - 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 8834.106 - District Research
  (a) The board may conduct studies and research that the board considers necessary to implement this chapter. (b) The district may collect any information that...
• Texas Section 8834.107 - Studies By Board Staff
  At least once each year and at any other time the board considers necessary, the board may have its staff make a complete study of...
• Texas Section 8834.108 - Sale Or Distribution Of Water Prohibited
  The district may not sell or distribute surface water or groundwater. Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff....
• Texas Section 8834.109 - Access To Property
  (a) To carry out technical and other investigations necessary to implement this chapter, the board and its agents and employees are entitled to access to...
• Texas Section 8834.110 - General Powers Related To Property And Contracts
  (a) The board may: (1) purchase, lease, own, convey, and dispose of property both inside and outside district territory necessary or convenient to exercise the...
• Texas Section 8834.111 - 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 8834.112 - 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 8834.113 - Considerations For Rules And Orders
  When adopting a rule or issuing an order, the board shall consider: (1) the availability of surface water or alternative water supplies; (2) the economic...
• Texas Section 8834.114 - Hearings
  (a) At a regular meeting of the board, the board shall set the date, time, and location for a hearing to be held under this...
• Texas Section 8834.115 - Notice Of Hearings
  (a) Not later than the 10th day before the date set for a hearing other than a permit application hearing, the district shall deliver or...
• Texas Section 8834.116 - Board Bylaws And Policies
  The board may adopt bylaws and policies as necessary to accomplish its purposes. Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec....
• Texas Section 8834.117 - Authority To Issue Subpoenas And Administer Oaths
  (a) The board may issue a subpoena to compel the testimony of a person or the production of a document if the testimony or document...

SUBCHAPTER D GENERAL FINANCIAL PROVISIONS

• Texas Section 8834.118 - Suits
  (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 8834.151 - Disbursement Of Money
  The district may disburse its money by: (1) a check, draft, order, or other instrument signed by a person authorized under a board bylaw or...
• Texas Section 8834.152 - District Accounts
  The district shall keep a complete system of the district's accounts. Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff....
• Texas Section 8834.153 - Fiscal Year
  The district's fiscal year is the calendar year. Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.
• Texas Section 8834.154 - Budget
  (a) The board shall adopt an annual budget containing a complete financial statement. (b) The board may amend the annual budget. Added by Acts 2009,...
• Texas Section 8834.155 - Audit
  The district shall have its affairs audited each year by an independent certified public accountant or a firm of independent certified public accountants of recognized...
• Texas Section 8834.156 - Copy Of Audit
  The board shall keep one copy of the audit prepared under Section 8834.155 at the district office open to inspection by any interested person during...
• Texas Section 8834.157 - Depository And Investments
  (a) Except as provided by Subsection (g), the board shall designate one or more banks in the district to serve as a depository for district...

SUBCHAPTER E REGULATORY PROVISIONS

• Texas Section 8834.158 - 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 8834.201 - 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. (b) The board may issue...
• Texas Section 8834.202 - 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 that: (A) has...
• Texas Section 8834.203 - 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 8834.204 - Water-metering Devices
  The board may: (1) require water-metering devices to be placed on wells in the district; and (2) adopt standards for the accuracy, testing, and calibration...
• Texas Section 8834.205 - Well Registration
  The board by rule may require the registration of any well in the district. Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619),...
• Texas Section 8834.206 - 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 8834.207 - Application For Permit
  (a) A person must submit an application and an application fee to the board to obtain a permit under this chapter. (b) The application must...
• Texas Section 8834.208 - Notice And Hearing On Permit Application
  (a) The board shall hold a hearing on each permit application. (b) Not later than the 10th day before the date set for the hearing,...
• Texas Section 8834.209 - Issuance Of Permit
  (a) Not later than the 60th day after the date of the hearing on a permit application, the board shall: (1) decide whether to issue...
• Texas Section 8834.210 - Term Of Permit
  (a) A permit issued under this chapter expires on the first anniversary of the date of issuance, unless the board specifies a different period. (b)...
• Texas Section 8834.211 - Renewal Of Permit
  The board may renew a permit in the manner provided for issuing an original permit. Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B....
• Texas Section 8834.212 - 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 8834.213 - Transferring Permit
  (a) A permit is transferable only if the permit holder and the new owner of the well notify the district by certified mail, return receipt...
• Texas Section 8834.214 - 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...
• Texas Section 8834.215 - Reduction Of Groundwater Use
  (a) The board by order may require a person to completely or partially discontinue the use of groundwater by: (1) acquiring an alternative water supply...

SUBCHAPTER F APPEAL AND ENFORCEMENT PROVISIONS

• Texas Section 8834.216 - 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 8834.251 - Appeal Of District Actions
  (a) A person who is adversely affected by a rule, order, or other official action of the board, including a person residing in or owning...
• Texas Section 8834.252 - Injunctive Relief; Civil Penalty
  (a) If a person has violated, is violating, or is threatening to violate this chapter or a district rule, permit, or order, the district may...

Last modified: September 28, 2016