CHAPTER 36. GROUNDWATER CONSERVATION DISTRICTS
WATER CODE
TITLE 2. WATER ADMINISTRATION
SUBTITLE E. GROUNDWATER MANAGEMENT
CHAPTER 36. GROUNDWATER CONSERVATION DISTRICTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 36.001. DEFINITIONS. In this chapter:
(1) "District" means any district or authority created under
Section 52, Article III, or Section 59, Article XVI, Texas
Constitution, that has the authority to regulate the spacing of
water wells, the production from water wells, or both.
(2) "Commission" means the Texas Natural Resource Conservation
Commission.
(3) "Executive director" means the executive director of the
commission.
(4) "Executive administrator" means the executive administrator
of the Texas Water Development Board.
(4-a) "Federal conservation program" means the Conservation
Reserve Program of the United States Department of Agriculture,
or any successor program.
(5) "Groundwater" means water percolating below the surface of
the earth.
(6) "Groundwater reservoir" means a specific subsurface
water-bearing reservoir having ascertainable boundaries
containing groundwater.
(7) "Subdivision of a groundwater reservoir" means a definable
part of a groundwater reservoir in which the groundwater supply
will not be appreciably affected by withdrawing water from any
other part of the reservoir, as indicated by known geological and
hydrological conditions and relationships and on foreseeable
economic development at the time the subdivision is designated or
altered.
(8) "Waste" means any one or more of the following:
(A) withdrawal of groundwater from a groundwater reservoir at a
rate and in an amount that causes or threatens to cause intrusion
into the reservoir of water unsuitable for agricultural,
gardening, domestic, or stock raising purposes;
(B) the flowing or producing of wells from a groundwater
reservoir if the water produced is not used for a beneficial
purpose;
(C) escape of groundwater from a groundwater reservoir to any
other reservoir or geologic strata that does not contain
groundwater;
(D) pollution or harmful alteration of groundwater in a
groundwater reservoir by saltwater or by other deleterious matter
admitted from another stratum or from the surface of the ground;
(E) wilfully or negligently causing, suffering, or allowing
groundwater to escape into any river, creek, natural watercourse,
depression, lake, reservoir, drain, sewer, street, highway, road,
or road ditch, or onto any land other than that of the owner of
the well unless such discharge is authorized by permit, rule, or
order issued by the commission under Chapter 26;
(F) groundwater pumped for irrigation that escapes as irrigation
tailwater onto land other than that of the owner of the well
unless permission has been granted by the occupant of the land
receiving the discharge; or
(G) for water produced from an artesian well, "waste" has the
meaning assigned by Section 11.205.
(9) "Use for a beneficial purpose" means use for:
(A) agricultural, gardening, domestic, stock raising, municipal,
mining, manufacturing, industrial, commercial, recreational, or
pleasure purposes;
(B) exploring for, producing, handling, or treating oil, gas,
sulphur, or other minerals; or
(C) any other purpose that is useful and beneficial to the user.
(10) "Subsidence" means the lowering in elevation of the land
surface caused by withdrawal of groundwater.
(11) "Board" means the board of directors of a district.
(12) "Director" means a member of a board.
(13) "Management area" means an area designated and delineated
by the Texas Water Development Board under Chapter 35 as an area
suitable for management of groundwater resources.
(14) "Priority groundwater management area" means an area
designated and delineated by the commission under Chapter 35 as
an area experiencing or expected to experience critical
groundwater problems.
(15) "Political subdivision" means a county, municipality, or
other body politic or corporate of the state, including a
district or authority created under Section 52, Article III, or
Section 59, Article XVI, Texas Constitution, a state agency, or a
nonprofit water supply corporation created under Chapter 67.
(16) "Loan fund" means the groundwater district loan assistance
fund created under Section 36.371.
(17) Repealed by Acts 2005, 79th Leg., Ch. 970, Sec. 18, eff.
September 1, 2005.
(18) "Public water supply well" means, for purposes of a
district governed by this chapter, a well that produces the
majority of its water for use by a public water system.
(19) "Agriculture" means any of the following activities:
(A) cultivating the soil to produce crops for human food, animal
feed, or planting seed or for the production of fibers;
(B) the practice of floriculture, viticulture, silviculture, and
horticulture, including the cultivation of plants in containers
or nonsoil media, by a nursery grower;
(C) raising, feeding, or keeping animals for breeding purposes
or for the production of food or fiber, leather, pelts, or other
tangible products having a commercial value;
(D) planting cover crops, including cover crops cultivated for
transplantation, or leaving land idle for the purpose of
participating in any governmental program or normal crop or
livestock rotation procedure;
(E) wildlife management; and
(F) raising or keeping equine animals.
(20) "Agricultural use" means any use or activity involving
agriculture, including irrigation.
(21) "Conjunctive use" means the combined use of groundwater and
surface water sources that optimizes the beneficial
characteristics of each source.
(22) "Nursery grower" means a person who grows more than 50
percent of the products that the person either sells or leases,
regardless of the variety sold, leased, or grown. For the purpose
of this definition, "grow" means the actual cultivation or
propagation of the product beyond the mere holding or maintaining
of the item prior to sale or lease and typically includes
activities associated with the production or multiplying of stock
such as the development of new plants from cuttings, grafts,
plugs, or seedlings.
(23) "River basin" means a river or coastal basin designated as
a river basin by the board under Section 16.051. The term does
not include waters of the bays or arms originating in the Gulf of
Mexico.
(24) "Total aquifer storage" means the total calculated volume
of groundwater that an aquifer is capable of producing.
(25) "Managed available groundwater" means the amount of water
that may be permitted by a district for beneficial use in
accordance with the desired future condition of the aquifer as
determined under Section 36.108.
(26) "Recharge" means the amount of water that infiltrates to
the water table of an aquifer.
(27) "Inflows" means the amount of water that flows into an
aquifer from another formation.
(28) "Discharge" means the amount of water that leaves an
aquifer by natural or artificial means.
(29) "Evidence of historic or existing use" means evidence that
is material and relevant to a determination of the amount of
groundwater beneficially used without waste by a permit applicant
during the relevant time period set by district rule that
regulates groundwater based on historic use. Evidence in the
form of oral or written testimony shall be subject to
cross-examination. The Texas Rules of Evidence govern the
admissibility and introduction of evidence of historic or
existing use, except that evidence not admissible under the Texas
Rules of Evidence may be admitted if it is of the type commonly
relied upon by reasonably prudent persons in the conduct of their
affairs.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 4.20, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 18.65, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 966, Sec. 2.29, eff.
Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1234, Sec. 34, eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1275, Sec. 2(147), eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
970, Sec. 2, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
970, Sec. 18, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
1116, Sec. 1, eff. September 1, 2005.
Sec. 36.0015. PURPOSE. In order to provide for the
conservation, preservation, protection, recharging, and
prevention of waste of groundwater, and of groundwater reservoirs
or their subdivisions, and to control subsidence caused by
withdrawal of water from those groundwater reservoirs or their
subdivisions, consistent with the objectives of Section 59,
Article XVI, Texas Constitution, groundwater conservation
districts may be created as provided by this chapter. Groundwater
conservation districts created as provided by this chapter are
the state's preferred method of groundwater management through
rules developed, adopted, and promulgated by a district in
accordance with the provisions of this chapter.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 4.21, eff. Sept. 1,
1997. Amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.30, eff.
Sept. 1, 2001.
Sec. 36.002. OWNERSHIP OF GROUNDWATER. The ownership and rights
of the owners of the land and their lessees and assigns in
groundwater are hereby recognized, and nothing in this code shall
be construed as depriving or divesting the owners or their
lessees and assigns of the ownership or rights, except as those
rights may be limited or altered by rules promulgated by a
district. A rule promulgated by a district may not discriminate
between owners of land that is irrigated for production and
owners of land or their lessees and assigns whose land that was
irrigated for production is enrolled or participating in a
federal conservation program.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.31, eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
1116, Sec. 2, eff. September 1, 2005.
SUBCHAPTER B. CREATION OF DISTRICT
Sec. 36.011. METHOD OF CREATING DISTRICT. (a) A groundwater
conservation district may be created under and subject to the
authority, conditions, and restrictions of Section 59, Article
XVI, Texas Constitution.
(b) The commission has exclusive jurisdiction over the creation
of districts.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.32, eff.
Sept. 1, 2001.
Sec. 36.012. COMPOSITION OF DISTRICT. (a) A district may
include all or part of one or more counties, cities, districts,
or other political subdivisions.
(b) A district may not include territory located in more than
one county except on a majority vote of the voters residing
within the territory in each county sought to be included in the
district at an election called for that purpose.
(c) The boundaries of a district must be coterminous with or
inside the boundaries of a management area or a priority
groundwater management area.
(d) A district may consist of separate bodies of land separated
by land not included in the district.
(e) A majority of the voters in a segregated area must approve
the creation of the district before that area may be included in
the district.
(f) This section does not apply to districts created under
Section 36.0151.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 4.22, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 966, Sec. 2.33, eff.
Sept. 1, 2001.
Sec. 36.013. PETITION TO CREATE DISTRICT. (a) A petition
requesting creation of a district must be filed with the
commission for review and certification under Section 36.015.
(b) The petition filed pursuant to this section must be signed
by:
(1) a majority of the landowners within the proposed district,
as indicated by the county tax rolls; or
(2) if there are more than 50 landowners in the proposed
district, at least 50 of those landowners.
(c) The petition must include:
(1) the name of the proposed district;
(2) the area and boundaries of the proposed district, including
a map generally outlining the boundaries of the proposed
district;
(3) the purpose or purposes of the district;
(4) a statement of the general nature of any projects proposed
to be undertaken by the district, the necessity and feasibility
of the work, and the estimated costs of those projects according
to the persons filing the projects if the projects are to be
funded by the sale of bonds or notes;
(5) the names of at least five individuals qualified to serve as
temporary directors; and
(6) financial information, including the projected maintenance
tax or production fee rate and a proposed budget of revenues and
expenses for the district.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 4.23, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 966, Sec. 2.34, eff.
Sept. 1, 2001.
Sec. 36.014. NOTICE AND PUBLIC MEETING ON DISTRICT CREATION.
(a) If a petition is filed under Section 36.013, the commission
shall give notice of the application and shall conduct a public
meeting in a central location within the area of the proposed
district on the application not later than the 60th day after the
date the commission issues notice. The notice must contain the
date, time, and location of the public meeting and must be
published in one or more newspapers of general circulation in the
area of the proposed district.
(b) If the petition contains a request to create a management
area in all or part of the proposed district, the notice must
also be given in accordance with the requirements in Section
35.006 for the designation of management areas.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 1070, Sec. 1, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 966, Sec. 2.35, eff.
Sept. 1, 2001.
Sec. 36.015. COMMISSION CERTIFICATION AND ORDER. (a) Not later
than the 90th day after the date the commission holds a public
meeting on a petition under Section 36.014, the commission shall
certify the petition if the petition is administratively
complete. A petition is administratively complete if it complies
with the requirements of Sections 36.013(b) and (c).
(b) The commission may not certify a petition if the commission
finds that the proposed district cannot be adequately funded to
carry out its purposes based on the financial information
provided in the petition under Section 36.013(c)(6) or that the
boundaries of the proposed district do not provide for the
effective management of the groundwater resources. The commission
shall give preference to boundary lines that are coterminous with
those of a groundwater management area but may also consider
boundaries along existing political subdivision boundaries if
such boundaries would facilitate district creation and
confirmation.
(c) If a petition proposes the creation of a district in an
area, in whole or in part, that has not been designated as a
management area, the commission shall provide notice to the Texas
Water Development Board. On the receipt of notice from the
commission, the Texas Water Development Board shall initiate the
process of designating a management area for the area of the
proposed district not included in a management area. The
commission may not certify the petition until the Texas Water
Development Board has adopted a rule whereby the boundaries of
the proposed district are coterminous with or inside the
boundaries of a management area.
(d) If the commission does not certify the petition, the
commission shall provide to the petitioners, in writing, the
reasons for not certifying the petition. The petitioners may
resubmit the petition, without paying an additional fee, if the
petition is resubmitted within 90 days after the date the
commission sends the notice required by this subsection.
(e) If the commission certifies the petition as administratively
complete, the commission shall issue an order, notify the
petitioners, and appoint temporary directors as provided by
Section 36.016.
(f) Refusal by the commission to certify a petition to create a
district does not invalidate or affect the designation of any
management area.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.36, eff.
Sept. 1, 2001.
Sec. 36.0151. CREATION OF DISTRICT FOR PRIORITY GROUNDWATER
MANAGEMENT AREA. (a) If the commission is required to create a
district under Section 35.012(b), it shall, without an
evidentiary hearing, issue an order creating the district and
shall provide in its order that temporary directors be appointed
under Section 36.016 and that an election be called by the
temporary directors to authorize the district to assess taxes and
to elect permanent directors.
(b) The commission shall notify the county commissioners court
of each county with territory in the district of the district's
creation as soon as practicable after issuing the order creating
the district.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 4.24, eff. Sept. 1,
1997. Amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.37, eff.
Sept. 1, 2001.
Sec. 36.016. APPOINTMENT OF TEMPORARY DIRECTORS. (a) If the
commission certifies a petition to create a district under
Section 36.015, the commission shall appoint the temporary
directors named in the petition. If the commission dissolves a
district's board under Section 36.303, it shall appoint five
temporary directors.
(b) If the commission creates a district under Section 36.0151,
the county commissioners court or courts of the county or
counties that contain the area of the district shall, within 90
days after receiving notification by the commission under Section
36.0151(b), appoint five temporary directors, or more if the
district contains the territory of more than five counties, for
the district's board using the method provided by Section
36.0161. A county commissioners court shall not make any
appointments after the expiration of the 90-day period. If fewer
than five temporary directors have been appointed at the
expiration of the period, the commission shall appoint additional
directors so that the board has at least five members.
(c) Temporary directors appointed under this section shall serve
until the initial directors are elected and have qualified for
office or until the voters fail to approve the creation of the
district.
(d) If an appointee of the commission or of a county
commissioners court fails to qualify or if a vacancy occurs in
the office of temporary director, the commission or the county
commissioners court, as appropriate, shall appoint an individual
to fill the vacancy.
(e) As soon as all temporary directors have qualified, the
directors shall meet, take the oath of office, and elect a
chairman and vice chairman from among their membership. The
chairman shall preside at all meetings of the board and, in the
chairman's absence, the vice chairman shall preside.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 4.25, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 966, Sec. 2.38, eff.
Sept. 1, 2001.
Sec. 36.0161. METHOD FOR APPOINTING TEMPORARY DIRECTORS FOR
DISTRICT IN PRIORITY GROUNDWATER MANAGEMENT AREA. (a) If a
district in a priority groundwater management area is:
(1) contained within one county, the county commissioners court
of that county shall appoint five temporary directors for the
district;
(2) contained within two counties, the county commissioners
court of each county shall appoint at least one temporary
director, with the appointments of the three remaining directors
to be apportioned as provided by Subsection (b);
(3) contained within three counties, the county commissioners
court of each county shall appoint at least one temporary
director, with the appointments of the two remaining directors to
be apportioned as provided by Subsection (b);
(4) contained within four counties, the county commissioners
court of each county shall appoint at least one temporary
director, with the appointment of the remaining director to be
apportioned as provided by Subsection (b); or
(5) contained within five or more counties, the county
commissioners court of each county shall appoint one temporary
director.
(b)(1) In this subsection, "estimated groundwater use" means the
estimate of groundwater use in acre-feet developed by the
commission under Subsection (c) for the area of a county that is
within the district.
(2) The apportionment of appointments under Subsection (a) shall
be made by the commission so as to reflect, as closely as
possible, the proportion each county's estimated groundwater use
bears to the sum of the estimated groundwater use for the
district as determined under Subsection (c). The commission shall
by rule determine the method it will use to implement this
subdivision.
(c) If a district for which temporary directors are to be
appointed is contained within two, three, or four counties, the
commission shall develop an estimate of annual groundwater use in
acre-feet for each county area within the district.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 4.26, eff. Sept. 1,
1997.
Sec. 36.017. CONFIRMATION AND DIRECTORS' ELECTION FOR DISTRICT
IN A MANAGEMENT AREA. (a) For a district created under Section
36.015, not later than the 120th day after the date all temporary
directors have been appointed and have qualified, the temporary
directors shall meet and order an election to be held within the
boundaries of the proposed district to approve the creation of
the district and to elect permanent directors.
(b) In the order calling the election, the temporary directors
shall designate election precincts and polling places for the
election. In designating the polling places, the temporary
directors shall consider the needs of all voters for conveniently
located polling places.
(c) The temporary directors shall publish notice of the election
at least one time in at least one newspaper with general
circulation within the boundaries of the proposed district. The
notice must be published before the 30th day preceding the date
of the election.
(d) The ballot for the election must be printed to provide for
voting for or against the proposition: "The creation of the
_________________ Groundwater Conservation District." If the
district levies a maintenance tax for payment of its expenses,
then an additional proposition shall be included with the
following language: "The levy of a maintenance tax at a rate not
to exceed ______ cents for each $100 of assessed valuation." The
same ballot or another ballot must provide for the election of
permanent directors, in accordance with Section 36.059.
(e) Immediately after the election, the presiding judge of each
polling place shall deliver the returns of the election to the
temporary board, and the board shall canvass the returns and
declare the result. The board shall file a copy of the election
result with the commission.
(f) If a majority of the votes cast at the election favor the
creation of the district, the temporary board shall declare the
district created and shall enter the result in its minutes.
(g) If a majority of the votes cast at the election are against
the creation of the district, the temporary board shall declare
the district defeated and shall enter the result in its minutes.
The temporary board shall continue operations in accordance with
Subsection (h).
(h) If the majority of the votes cast at the election are
against the creation of the district, the district shall have no
further authority, except that any debts incurred shall be paid
and the organization of the district shall be maintained until
all the debts are paid.
(i) If a majority of the votes cast at the election are against
the levy of a maintenance tax, the district shall set production
fees to pay for the district's regulation of groundwater in the
district, including fees based on the amount of water to be
withdrawn from a well.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.39, eff.
Sept. 1, 2001.
Sec. 36.0171. TAX AUTHORITY AND DIRECTORS' ELECTION FOR DISTRICT
IN A PRIORITY GROUNDWATER MANAGEMENT AREA. (a) For a district
created under Section 36.0151, not later than the 120th day after
the date all temporary directors have been appointed and have
qualified, the temporary directors shall meet and order an
election to be held within the boundaries of the proposed
district to authorize the district to assess taxes and to elect
permanent directors.
(b) In the order calling the election, the temporary directors
shall designate election precincts and polling places for the
election. In designating the polling places, the temporary
directors shall consider the needs of all voters for conveniently
located polling places.
(c) The temporary directors shall publish notice of the election
at least once in at least one newspaper with general circulation
within the boundaries of the proposed district. The notice must
be published before the 30th day preceding the date of the
election.
(d) The ballot for the election must be printed to provide for
voting for or against the proposition: "The levy of a maintenance
tax by the ___________________ Groundwater Conservation District
at a rate not to exceed ______ cents for each $100 of assessed
valuation." The same ballot or another ballot must provide for
the election of permanent directors, in accordance with Section
36.059.
(e) Immediately after the election, the presiding judge of each
polling place shall deliver the returns of the election to the
temporary board, and the board shall canvass the returns, declare
the result, and turn over the operations of the district to the
elected permanent directors. The board shall file a copy of the
election result with the commission.
(f) If a majority of the votes cast at the election favor the
levy of a maintenance tax, the temporary board shall declare the
levy approved and shall enter the result in its minutes.
(g) If a majority of the votes cast at the election are against
the levy of a maintenance tax, the temporary board shall declare
the levy defeated and shall enter the result in its minutes.
(h) If the majority of the votes cast at the election are
against the levy of a maintenance tax, the district shall set
permit fees to pay for the district's regulation of groundwater
in the district, including fees based on the amount of water to
be withdrawn from a well.
Added by Acts 2001, 77th Leg., ch. 966, Sec. 2.40, eff. Sept. 1,
2001.
Sec. 36.018. INCLUSION OF MUNICIPALITY. (a) If part of the
territory to be included in a district is located in a
municipality, a separate voting district may not be established
in the municipality for the purpose of determining whether the
municipality as a separate area is to be included in the
district.
(b) If for any other reason the territory in a municipality is
established as a separate voting district, the failure by the
voters in the municipal territory to confirm the creation of the
district or the annexation of territory to a district does not
prevent the territory in the municipality from being included in
the district.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1995.
Sec. 36.019. CONFIRMATION ELECTION IN DISTRICT INCLUDING LAND IN
MORE THAN ONE COUNTY. (a) A district, the major portion of
which is located in one county, may not be organized to include
land in another county unless the election held in the other
county to confirm and ratify the creation of the district is
approved by a majority of the voters of the other county voting
in an election called for that purpose.
(b) This section does not apply to districts created under
Section 36.0151.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.41, eff.
Sept. 1, 2001.
Sec. 36.020. BOND AND TAX PROPOSAL. (a) At an election to
create a district, the temporary directors may include a
proposition for the issuance of bonds or notes, the levy of taxes
to retire all or part of the bonds or notes, and the levy of a
maintenance tax. The maintenance tax rate may not exceed 50 cents
on each $100 of assessed valuation.
(b) The board shall include in any bond and tax proposition the
maximum amount of bonds or notes to be issued and their maximum
maturity date.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995.
Sec. 36.021. NOTIFICATION OF COUNTY CLERK. Within 30 days
following the creation of a district or any amendment to the
boundaries of a district, the board of directors shall file with
the county clerk of each county in which all or part of the
district is located a certified copy of the description of the
boundaries of the district. Each county clerk shall record the
certified copy of the boundaries in the property records of that
county.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995.
SUBCHAPTER C. ADMINISTRATION
Sec. 36.051. BOARD OF DIRECTORS. (a) The governing body of a
district is the board of directors, which shall consist of not
fewer than five and not more than 11 directors elected for
four-year terms. The number of directors may be changed as
determined by the board when territory is annexed by the
district.
(b) A member of a governing body of another political
subdivision is ineligible for appointment or election as a
director. A director is disqualified and vacates the office of
director if the director is appointed or elected as a member of
the governing body of another political subdivision. This
subsection does not apply to any district with a population less
than 50,000.
(c) Vacancies in the office of director shall be filled by
appointment of the board. If the vacant office is not scheduled
for election for longer than two years at the time of the
appointment, the board shall order an election for the unexpired
term to be held as part of the next regularly scheduled
director's election. The appointed director's term shall end on
qualification of the director elected at that election.
(d) In a district with a population of less than 50,000, the
common law doctrine of incompatibility does not disqualify:
(1) a member of the governing body or officer of another
political subdivision other than a municipality or county from
serving as a director of the district; or
(2) a director of the district from serving as a member of the
governing body or officer of another political subdivision other
than a municipality or county.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 78, Sec. 1, eff. May
19, 2003.
Sec. 36.052. OTHER LAWS NOT APPLICABLE. (a) Other laws
governing the administration or operations of districts created
under Section 52, Article III, or Section 59, Article XVI, Texas
Constitution, shall not apply to any district governed by this
chapter. This chapter prevails over any other law in conflict or
inconsistent with this chapter, except any special law governing
a specific district shall prevail over this chapter.
(b) Notwithstanding Subsection (a), the following provisions
prevail over a conflicting or inconsistent provision of a special
law that governs a specific district:
(1) Sections 36.107-36.108;
(2) Sections 36.159-36.161; and
(3) Subchapter I.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 4.27, eff.
Sept. 1, 1997.
Sec. 36.053. 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 the board is sufficient for
transacting any business of the district.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995.
Sec. 36.054. OFFICERS. (a) After a district is created and the
directors have qualified, the board shall meet, elect a
president, vice president, secretary, and any other officers or
assistant officers as the board may deem necessary and begin the
discharge of its duties.
(b) After each directors' election, the board shall meet and
elect officers.
(c) The president is the chief executive officer of the
district, presides at all meetings of the board, and shall
execute all documents on behalf of the district. The vice
president shall act as president in case of the absence or
disability of the president. The secretary is responsible for
seeing that all records and books of the district are properly
kept and shall attest the president's signature on all documents.
(d) The board may appoint another director, the general manager,
or any employee as assistant or deputy secretary to assist the
secretary, and any such person shall be entitled to certify as to
the authenticity of any record of the district, including but not
limited to all proceedings relating to bonds, contracts, or
indebtedness of the district.
(e) After any election or appointment of a director, a district
shall notify the executive director within 30 days after the date
of the election or appointment of the name and mailing address of
the director chosen and the date that director's term of office
expires. The executive director shall provide forms to the
district for such purpose.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995.
Sec. 36.055. SWORN STATEMENT, BOND, AND OATH OF OFFICE. (a) As
soon as practicable after a director is elected or appointed,
that director shall make the sworn statement prescribed by the
constitution for public office.
(b) As soon as practicable after a director has made the sworn
statement, and before beginning to perform the duties of office,
that director shall take the oath of office prescribed by the
constitution for public officers.
(c) Before beginning to perform the duties of office, each
director shall execute a bond for $10,000 payable to the district
and conditioned on the faithful performance of that director's
duties. All bonds of the directors shall be approved by the board
and paid for by the district.
(d) The sworn statement shall be filed as prescribed by the
constitution. The bond and oath shall be filed with the district
and retained in its records. A duplicate original of the oath
shall also be filed with the secretary of state within 10 days
after its execution and need not be filed before the new director
begins to perform the duties of office.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995. Amended by Acts 1999, 76th Leg., ch. 249, Sec. 1, eff. Aug.
30, 1999.
Sec. 36.056. GENERAL MANAGER. (a) The board may employ or
contract with a person to perform such services as general
manager for the district as the board may from time to time
specify. The board may delegate to the general manager full
authority to manage and operate the affairs of the district
subject only to orders of the board.
(b) The board may delegate to the general manager the authority
to employ all persons necessary for the proper handling of the
business and operation of the district and to determine the
compensation to be paid all employees other than the general
manager.
(c) Except in a district that is composed of the territory of
more than one county, a director may be employed as general
manager of the district. The compensation of a general manager
who also serves as a director shall be established by the other
directors.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995.
Sec. 36.057. MANAGEMENT OF DISTRICT. (a) The board shall be
responsible for the management of all the affairs of the
district. The district shall employ or contract with all persons,
firms, partnerships, corporations, or other entities, public or
private, deemed necessary by the board for the conduct of the
affairs of the district, including, but not limited to,
engineers, attorneys, financial advisors, operators, bookkeepers,
tax assessors and collectors, auditors, and administrative staff.
(b) The board shall set the compensation and terms for
consultants.
(c) In selecting attorneys, engineers, auditors, financial
advisors, or other professional consultants, the district shall
follow the procedures provided in the Professional Services
Procurement Act, Subchapter A, Chapter 2254, Government Code.
(d) The board shall require an officer, employee, or consultant
who collects, pays, or handles any funds of the district to
furnish good and sufficient bond, payable to the district, in an
amount determined by the board to be sufficient to safeguard the
district. The bond shall be conditioned on the faithful
performance of that person's duties and on accounting for all
funds and property of the district. Such bond shall be signed or
endorsed by a surety company authorized to do business in the
state.
(e) The board may pay the premium on surety bonds required of
officials, employees, or consultants of the district out of any
available funds of the district, including proceeds from the sale
of bonds.
(f) The board may adopt bylaws to govern the affairs of the
district to perform its purposes. The board may, by resolution,
authorize its general manager or other employee to execute
documents on behalf of the district.
(g) The board shall also have the right to purchase all
materials, supplies, equipment, vehicles, and machinery needed by
the district to perform its purposes.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995.
Sec. 36.058. CONFLICTS OF INTEREST. A director of a district is
subject to the provisions of Chapter 171, Local Government Code,
relating to the regulation of conflicts of officers of local
governments.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995.
Sec. 36.059. GENERAL ELECTIONS. (a) All elections shall be
generally conducted in accordance with the Election Code except
as otherwise provided for by this chapter. Write-in candidacies
for any district office shall be governed by Subchapter C,
Chapter 146, Election Code.
(b) The directors of the district shall be elected according to
the precinct method as defined by Chapter 12, page 1105, Special
Laws, Acts of the 46th Legislature, Regular Session, 1939. To be
qualified to be elected as a director, a person must be a
registered voter in the precinct that the person represents. If
any part of a municipal corporation is a part of one precinct,
then no part of the municipal corporation shall be included in
another precinct, except that a municipal corporation having a
population of more than 200,000 may be divided between two or
more precincts. In a multicounty district, not more than two of
the five precincts may include the same municipal corporation or
part of the same municipal corporation.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995.
Sec. 36.060. FEES OF OFFICE; REIMBURSEMENT. (a) A director is
entitled to receive fees of office of not more than $150 a day
for each day the director actually spends performing the duties
of a director. The fees of office may not exceed $9,000 a year.
(b) Each director is also entitled to receive reimbursement of
actual expenses reasonably and necessarily incurred while
engaging in activities on behalf of the district.
(c) In order to receive fees of office and to receive
reimbursement for expenses, each director shall file with the
district a verified statement showing the number of days actually
spent in the service of the district and a general description of
the duties performed for each day of service.
(d) Section 36.052(a) notwithstanding, Subsection (a) prevails
over any other law in conflict with or inconsistent with that
subsection, including a special law governing a specific district
unless the special law prohibits the directors of that district
from receiving a fee of office. If the application of this
section results in an increase in the fees of office for any
district, that district's fees of office shall not increase
unless the district's board by resolution authorizes payment of
the higher fees.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995. Amended by Acts 1999, 76th Leg., ch. 1354, Sec. 1, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 966, Sec. 2.42, eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 905, Sec. 1, eff. June
20, 2003.
Sec. 36.061. POLICIES. (a) Subject to the law governing the
district, the board shall adopt the following in writing:
(1) a code of ethics for district directors, officers,
employees, and persons who are engaged in handling investments
for the district;
(2) a policy relating to travel expenditures;
(3) a policy relating to district investments that ensures that:
(A) purchases and sales of investments are initiated by
authorized individuals, conform to investment objectives and
regulations, and are properly documented and approved; and
(B) periodic review is made of district investments to evaluate
investment performance and security;
(4) policies and procedures for selection, monitoring, or review
and evaluation of professional services;
(5) policies that ensure a better use of management information,
including:
(A) budgets for use in planning and controlling cost;
(B) an audit or finance committee of the board; and
(C) uniform reporting requirements that use "Audits of State and
Local Governmental Units" as a guide on audit working papers and
that uses "Governmental Accounting and Financial Reporting
Standards."
(b) The state auditor may audit the records of any district if
the state auditor determines that the audit is necessary.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 785, Sec. 51, eff.
Sept. 1, 2003.
Sec. 36.062. OFFICES AND MEETING PLACES. (a) The board shall
designate from time to time and maintain one or more regular
offices for conducting the business of the district and
maintaining the records of the district. Such offices may be
located either inside or outside the district's boundaries as
determined in the discretion of the board.
(b) The board shall designate one or more places inside or
outside the district for conducting the meetings of the board.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995.
Sec. 36.063. NOTICE OF MEETINGS. Notice of meetings of the
board shall be given as set forth in the Open Meetings Act,
Chapter 551, Government Code. Neither failure to provide notice
of a regular meeting nor an insubstantial defect in notice of any
meeting shall affect the validity of any action taken at the
meeting.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995.
Sec. 36.064. MEETINGS. (a) The board shall hold regular
meetings at least quarterly. It may hold meetings at other times
as required for the business of the district.
(b) Meetings shall be conducted and notice of meetings shall be
posted in accordance with the Open Meetings Act, Chapter 551,
Government Code. A meeting of a committee of the board, or a
committee composed of representatives of more than one board,
where less than a quorum of any one board is present is not
subject to the provisions of the Open Meetings Act, Chapter 551,
Government Code.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995.
Sec. 36.065. RECORDS. (a) The board shall keep a complete
account of all its meetings and proceedings and shall preserve
its minutes, contracts, records, notices, accounts, receipts, and
other records in a safe place.
(b) The records of each district are the property of the
district and are subject to Chapter 552, Government Code.
(c) The preservation, storage, destruction, or other disposition
of the records of each district is subject to the requirements of
Chapter 201, Local Government Code, and rules adopted thereunder.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995.
Sec. 36.066. SUITS. (a) A district may sue and be sued in the
courts of this state in the name of the district by and through
its board. All courts shall take judicial notice of the creation
of the district and of its boundaries.
(b) Any court in the state rendering judgment for debt against a
district may order the board to levy, assess, and collect taxes
or assessments to pay the judgment.
(c) The president or the general manager of any district shall
be the agent of the district on whom process, notice, or demand
required or permitted by law to be served upon a district may be
served.
(d) Except as provided in Subsection (e), no suit may be
instituted in any court of this state contesting:
(1) the validity of the creation and boundaries of a district;
(2) any bonds or other obligations issued by a district; or
(3) the validity or the authorization of a contract with the
United States by a district.
(e) The matters listed in Subsection (d) may be judicially
inquired into at any time and determined in any suit brought by
the State of Texas through the attorney general. The action shall
be brought on good cause shown, except where otherwise provided
by other provisions of this code or by the Texas Constitution. It
is specifically provided, however, that no such proceeding shall
affect the validity of or security for any bonds or other
obligations theretofore issued by a district if such bonds or
other obligations have been approved by the attorney general.
(f) A district shall not be required to give bond for appeal,
injunction, or costs in any suit to which it is a party and shall
not be required to deposit more than the amount of any award in
any eminent domain proceeding.
(g) If the district prevails in any suit other than a suit in
which it voluntarily intervenes, the district may seek and the
court shall grant, in the same action, recovery for attorney's
fees, costs for expert witnesses, and other costs incurred by the
district before the court. The amount of the attorney's fees
shall be fixed by the court.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.43, eff.
Sept. 1, 2001.
Sec. 36.067. CONTRACTS. (a) A district shall contract, and be
contracted with, in the name of the district.
(b) A district may purchase property from any other governmental
entity by negotiated contract without the necessity of securing
appraisals or advertising for bids.
(c) A district may use the reverse auction procedure, as defined
by Section 2155.062(d), Government Code, for purchasing.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 436, Sec. 8, eff. May
28, 2001.
Sec. 36.068. 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 a public retirement system in
accordance with the provisions of Chapter 810, Government Code.
The board may also provide for a deferred compensation plan
described by Section 457 of the Internal Revenue Code of 1986 (26
U.S.C. Section 457).
(c) The board may include hospitalization and medical benefits
to its employees as part of the compensation paid to the officers
and employees and may adopt any plan, rule, or regulation in
connection with it and amend or change the plan, rule, or
regulation as it may determine.
(d) The board may establish a sick leave pool for employees of
the district in the same manner as that authorized for the
creation of a sick leave pool for state employees by Subchapter
A, Chapter 661, Government Code.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995. Amended by Acts 1999, 76th Leg., ch. 1354, Sec. 2, eff.
Sept. 1, 1999.
SUBCHAPTER D. POWERS AND DUTIES
Sec. 36.101. RULEMAKING POWER. (a) A district may make and
enforce rules, including rules limiting groundwater production
based on tract size or the spacing of wells, to provide for
conserving, preserving, protecting, and recharging of the
groundwater or of a groundwater reservoir or its subdivisions in
order to control subsidence, prevent degradation of water
quality, or prevent waste of groundwater and to carry out the
powers and duties provided by this chapter. During the
rulemaking process the board shall consider all groundwater uses
and needs and shall develop rules which are fair and impartial
and that do not discriminate between land that is irrigated for
production and land that was irrigated for production and
enrolled or participating in a federal conservation program. Any
rule of a district that discriminates between land that is
irrigated for production and land that was irrigated for
production and enrolled or participating in a federal
conservation program is void.
(b) Except as provided by Section 36.1011, after notice and
hearing, the board shall adopt and enforce rules to implement
this chapter, including rules governing procedure before the
board.
(c) The board shall compile its rules and make them available
for use and inspection at the district's principal office.
(d) Not later than the 20th day before the date of a rulemaking
hearing, the general manager or board shall:
(1) post notice in a place readily accessible to the public at
the district office;
(2) provide notice to the county clerk of each county in the
district;
(3) publish notice in one or more newspapers of general
circulation in the county or counties in which the district is
located;
(4) provide notice by mail, facsimile, or electronic mail to any
person who has requested notice under Subsection (i); and
(5) make available a copy of all proposed rules at a place
accessible to the public during normal business hours and, if the
district has a website, post an electronic copy on a generally
accessible Internet site.
(e) The notice provided under Subsection (d) must include:
(1) the time, date, and location of the rulemaking hearing;
(2) a brief explanation of the subject of the rulemaking
hearing; and
(3) a location or Internet site at which a copy of the proposed
rules may be reviewed or copied.
(f) The presiding officer shall conduct a rulemaking hearing in
the manner the presiding officer determines to be most
appropriate to obtain information and comments relating to the
proposed rule as conveniently and expeditiously as possible.
Comments may be submitted orally at the hearing or in writing.
The presiding officer may hold the record open for a specified
period after the conclusion of the hearing to receive additional
written comments.
(g) A district may require each person who participates in a
rulemaking hearing to submit a hearing registration form stating:
(1) the person's name;
(2) the person's address; and
(3) whom the person represents, if the person is not at the
hearing in the person's individual capacity.
(h) The presiding officer shall prepare and keep a record of
each rulemaking hearing in the form of an audio or video
recording or a court reporter transcription.
(i) A person may submit to the district a written request for
notice of a rulemaking hearing. A request is effective for the
remainder of the calendar year in which the request is received
by the district. To receive notice of a rulemaking hearing in a
later year, a person must submit a new request. An affidavit of
an officer or employee of the district establishing attempted
service by first class mail, facsimile, or e-mail to the person
in accordance with the information provided by the person is
proof that notice was provided by the district.
(j) A district may use an informal conference or consultation to
obtain the opinions and advice of interested persons about
contemplated rules and may appoint advisory committees of
experts, interested persons, or public representatives to advise
the district about contemplated rules.
(k) Failure to provide notice under Subsection (d)(4) does not
invalidate an action taken by the district at a rulemaking
hearing.
(l) Subsections (b)-(k) do not apply to the Edwards Aquifer
Authority.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.44, eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
970, Sec. 3, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
1116, Sec. 3, eff. September 1, 2005.
Sec. 36.1011. EMERGENCY RULES. (a) A board may adopt an
emergency rule without prior notice or hearing, or with an
abbreviated notice and hearing, if the board:
(1) finds that a substantial likelihood of imminent peril to the
public health, safety, or welfare, or a requirement of state or
federal law, requires adoption of a rule on less than 20 days'
notice; and
(2) prepares a written statement of the reasons for its finding
under Subdivision (1).
(b) Except as provided by Subsection (c), a rule adopted under
this section may not be effective for longer than 90 days.
(c) If notice of a hearing on the final rule is given not later
than the 90th day after the date the rule is adopted, the rule is
effective for an additional 90 days.
(d) A rule adopted under this section must be adopted at a
meeting held as provided by Chapter 551, Government Code.
(e) This section does not apply to the Edwards Aquifer
Authority.
Added by Acts 2005, 79th Leg., Ch.
970, Sec. 4, eff. September 1, 2005.
Sec. 36.102. ENFORCEMENT OF RULES. (a) A district may enforce
this chapter and its rules against any person by injunction,
mandatory injunction, or other appropriate remedy in a court of
competent jurisdiction.
(b) The board by rule may set reasonable civil penalties against
any person for breach of any rule of the district not to exceed
$10,000 per day per violation, and each day of a continuing
violation constitutes a separate violation.
(c) A penalty under this section is in addition to any other
penalty provided by the law of this state and may be enforced
against any person by complaints filed in the appropriate court
of jurisdiction in the county in which the district's principal
office or meeting place is located.
(d) If the district prevails in any suit to enforce its rules,
the district may seek and the court shall grant against any
person, in the same action, recovery for attorney's fees, costs
for expert witnesses, and other costs incurred by the district
before the court. The amount of the attorney's fees shall be
fixed by the court.
(e) In an enforcement action by a district against any person
that is a governmental entity for a violation of district rules,
the limits on the amount of fees, costs, and penalties that a
district may impose under Section 36.122, 36.205, or this
section, or under a special law governing a district operating
under this chapter, constitute a limit of liability of the
governmental entity for the violation. This subsection shall not
be construed to prohibit the recovery by a district of fees and
costs under Subsection (d) in an action against any person that
is a governmental entity.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 548, Sec. 2, eff. June
11, 2001; Acts 2001, 77th Leg., ch. 966, Sec. 2.45, eff. Sept. 1,
2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
425, Sec. 1, eff. June 19, 2009.
Sec. 36.103. IMPROVEMENTS AND FACILITIES. (a) A district may
build, acquire, or obtain by any lawful means any property
necessary for the district to carry out its purpose and the
provisions of this chapter.
(b) A district may:
(1) acquire land to erect dams or to drain lakes, draws, and
depressions;
(2) construct dams;
(3) drain lakes, depressions, draws, and creeks;
(4) install pumps and other equipment necessary to recharge a
groundwater reservoir or its subdivision; and
(5) provide necessary facilities for water conservation
purposes.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 560, Sec. 1, eff.
Sept. 1, 2003.
Sec. 36.104. PURCHASE, SALE, TRANSPORTATION, AND DISTRIBUTION OF
WATER. A district may purchase, sell, transport, and distribute
surface water or groundwater.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 560, Sec. 2, eff.
Sept. 1, 2003.
Sec. 36.105. EMINENT DOMAIN. (a) A district may exercise the
power of eminent domain to acquire by condemnation a fee simple
or other interest in property if that property interest is:
(1) within the boundaries of the district; and
(2) necessary for conservation purposes, including recharge and
reuse.
(b) The power of eminent domain authorized in this section may
not be used for the condemnation of land for the purpose of:
(1) acquiring rights to groundwater, surface water or water
rights; or
(2) production, sale, or distribution of groundwater or surface
water.
(c) The district must exercise the power of eminent domain in
the manner provided by Chapter 21, Property Code, but the
district is not required to deposit a bond as provided by Section
21.021(a), Property Code.
(d) In a condemnation proceeding brought by a district, the
district is not required to pay in advance or give bond or other
security for costs in the trial court, to give bond for the
issuance of a temporary restraining order or a temporary
injunction, or to give bond for costs or supersedeas on an appeal
or writ of error.
(e) In exercising the power of eminent domain, if the district
requires relocating, raising, lowering, rerouting, changing the
grade, or altering the construction of any railroad, highway,
pipeline, or electric transmission or distribution, telegraph, or
telephone lines, conduits, poles, or facilities, the district
must bear the actual cost of relocating, raising, lowering,
rerouting, changing the grade, or altering the construction to
provide comparable replacement without enhancement of facilities
after deducting the net salvage value derived from the old
facility.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 560, Sec. 3, eff.
Sept. 1, 2003.
Sec. 36.106. SURVEYS. A district may make surveys of the
groundwater reservoir or subdivision and surveys of the
facilities in order to determine the quantity of water available
for production and use and to determine the improvements,
development, and recharging needed by a reservoir or its
subdivision.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 560, Sec. 4, eff.
Sept. 1, 2003.
Sec. 36.107. RESEARCH. A district may carry out any research
projects deemed necessary by the board.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 4.28, eff.