Texas Special District Local Laws Code Title 6, Chapter 8852 - Brush Country Groundwater Conservation District
SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 8852.001 - Definitions
In this chapter: (1) "Board" means the board of directors of the district. (2) "Director" means a member of the board. (3) "District" means the...
- Texas Section 8852.002 - Nature Of District
The district is a groundwater conservation district created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution. Added by Acts...
- Texas Section 8852.003 - Confirmation Election Required
If the creation of the district is not confirmed in at least one of the territories described by Section 8852.023 at a confirmation election held...
- Texas Section 8852.004 - Initial District Territory
(a) The district is initially composed of the territory described by Section 2 of the Act creating this chapter. (b) The boundaries described in Section...
SUBCHAPTER B DISTRICT CREATION
- Texas Section 8852.005 - Construction Of Chapter
This chapter shall be liberally construed to achieve the legislative intent and purposes of Chapter 36, Water Code. A power granted by Chapter 36, Water...
- Texas Section 8852.021 - Temporary Directors
(a) The temporary board consists of: (1) David Grall; (2) Mauro Garcia; (3) Robert Scott; (4) A. C. Jones IV; (5) Mario Martinez; (6) Israel...
- Texas Section 8852.022 - Organizational Meeting Of Temporary Directors
As soon as practicable after all the temporary directors have qualified under Section 36.055, Water Code, a majority of the temporary directors shall convene the...
- Texas Section 8852.023 - Confirmation Election
(a) The temporary board shall hold an election in each of the following territories in the district to confirm the creation of the district and...
- Texas Section 8852.024 - Initial Permanent Directors
(a) If the creation of the district is confirmed at an election held under Section 8852.023 in one or more territories in the district, each...
- Texas Section 8852.025 - Gifts And Grants
The temporary board may solicit and accept gifts and grants, including services, on the district's behalf from any public or private source to provide revenue...
- Texas Section 8852.026 - Right Of Certain Landowners To Withdraw From District
A person who owns a tract of land in Brooks or Hidalgo County that adjoins the boundaries of the Kenedy County Groundwater Conservation District as...
SUBCHAPTER C BOARD OF DIRECTORS
- Texas Section 8852.027 - Limitation Of Powers Of Temporary Board
(a) The temporary board may exercise only the powers described by Sections 8852.022, 8852.023, and 8852.025. (b) Except as required by a law or rule...
- Texas Section 8852.051 - Appointment Of Directors; Terms
(a) Not later than June 1 of each even-numbered year, the Commissioners Courts of Brooks County, Jim Hogg County, and Jim Wells County shall appoint...
- Texas Section 8852.052 - Eligibility
(a) A director is not disqualified from service because the director is an employee, manager, director of the board, or officer of a groundwater producer...
- Texas Section 8852.053 - Compensation; Reimbursement
(a) Notwithstanding Section 36.060, Water Code, a director is not entitled to receive compensation for performing the duties of a director. (b) A director is...
SUBCHAPTER D POWERS AND DUTIES
- Texas Section 8852.054 - Vacancy
A vacancy in the office of director shall be filled by appointment of the board in a manner consistent with the representational requirements of Section...
- Texas Section 8852.101 - Groundwater Conservation District Powers And Duties
Except as otherwise provided by this chapter, the district has the powers and duties provided by the general law of this state, including Chapter 36,...
- Texas Section 8852.102 - Contracts
The district may enter into a contract with any person, public or private, for any purpose authorized by law. Added by Acts 2009, 81st Leg.,...
- Texas Section 8852.103 - Exemptions From Permit Requirements
(a) Section 36.117, Water Code, applies to the district except that for the purposes of applying that section to the district, "domestic use" and "livestock...
- Texas Section 8852.104 - Effects Of Transfer
(a) In reviewing a proposed transfer of groundwater out of the district in accordance with Section 36.122(f), Water Code, the district shall determine whether the...
- Texas Section 8852.105 - Applicability Of District Regulations
Groundwater regulations adopted by the district under this chapter apply to all persons except as exempted under Section 36.117, Water Code, or this chapter. Added...
- Texas Section 8852.106 - No Eminent Domain Power
The district may not exercise the power of eminent domain. Added by Acts 2009, 81st Leg., R.S., Ch. 1396 (S.B. 2456), Sec. 1, eff. June...
- Texas Section 8852.107 - Landowners' Rights
The rights of landowners and their lessees and assigns in groundwater in the district are recognized. Nothing in this chapter shall be construed to deprive...
SUBCHAPTER E GENERAL FINANCIAL PROVISIONS
- Texas Section 8852.108 - Limitation On Rulemaking Power Not Applicable
Section 36.121, Water Code, does not apply to the district. Added by Acts 2009, 81st Leg., R.S., Ch. 1396 (S.B. 2456), Sec. 1, eff. June...
- Texas Section 8852.151 - Revenue
To pay the maintenance and operating costs of the district and to pay any bonds or notes issued by the district, the district may impose...
SUBCHAPTER F DISSOLUTION
- Texas Section 8852.152 - Grants, Gifts, And Donations
The district may solicit and accept grants, gifts, and donations from any public or private source. Added by Acts 2009, 81st Leg., R.S., Ch. 1396...
- Texas Section 8852.201 - Subchapter Cumulative
The provisions of this subchapter are cumulative of the provisions of Subchapter I, Chapter 36, Water Code. Added by Acts 2009, 81st Leg., R.S., Ch....
- Texas Section 8852.202 - Dissolution By Election
(a) After January 1, 2016, the board shall order an election on the question of dissolving the district if the board receives a petition requesting...
- Texas Section 8852.203 - Notice Of Election
Notice of an election under this subchapter must be provided by posting a copy of the order calling the election in at least one conspicuous...
- Texas Section 8852.204 - Ballot
The ballot for an election under this subchapter must be printed to permit voting for or against the proposition: "The dissolution of the Brush Country...
- Texas Section 8852.205 - Election Results; Disposition Of Assets
If a majority of the votes in an election under this subchapter favor dissolution: (1) the board shall find that the district is dissolved; and...
Last modified: September 28, 2016