PINEYWOODS GROUNDWATER CONSERVATION DISTRICT

Tex. SPEC. DIST. LOCAL LAWS Code ch. 8847
in effect

Tex. SPEC. DIST. LOCAL LAWS Code § 8847.001. DEFINITIONS.

In this chapter: (1) "Board" means the district's board of directors. (2) "Director" means a board member. (3) "District" means the Pineywoods Groundwater Conservation District. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026 ), Sec. 1.05, eff. April 1, 2015.

Tex. SPEC. DIST. LOCAL LAWS Code § 8847.002. NATURE OF DISTRICT.

The district is a groundwater conservation district in Angelina and Nacogdoches Counties created under and essential to accomplish the purposes of Section 59 , Article XVI, Texas Constitution. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026 ), Sec. 1.05, eff. April 1, 2015.

Tex. SPEC. DIST. LOCAL LAWS Code § 8847.003. FINDINGS OF PUBLIC USE AND BENEFIT.

(a) The district is created to serve a public use and benefit. (b) All land and other property included in the district will benefit from the works and projects accomplished by the district under the powers conferred by Section 59 , Article XVI, Texas Constitution. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026 ), Sec. 1.05, eff. April 1, 2015.

Tex. SPEC. DIST. LOCAL LAWS Code § 8847.004. DISTRICT TERRITORY.

The district's boundaries are coextensive with the boundaries of Angelina and Nacogdoches Counties unless the district's territory has been modified under: (1) Section 8847.005 ; (2) Subchapter J or K, Chapter 36 , Water Code; or (3) other law. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026 ), Sec. 1.05, eff. April 1, 2015.

Tex. SPEC. DIST. LOCAL LAWS Code § 8847.005. ADDITION OF ADJACENT COUNTY TO DISTRICT.

(a) An adjacent county may petition to join the district by resolution of the commissioners court of the county. (b) If, after a hearing on the resolution, the board finds that the addition of the county would benefit the district and the county to be added, the board by resolution may approve the addition of the county to the district. (c) The addition of a county to the district under this section is not final until ratified by a majority vote of the voters in the county to be added voting in an election held for that purpose. (d) The ballots for the election shall be printed to provide for voting for or against the proposition: "The inclusion of ________ County in the Pineywoods Groundwater Conservation District." Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026 ), Sec. 1.05, eff. April 1, 2015.

Tex. SPEC. DIST. LOCAL LAWS Code § 8847.006. LANDOWNERS' RIGHTS.

The rights of landowners and their lessees and assigns in groundwater within the district are recognized. Nothing in this chapter may be construed to deprive or divest the landowners or their lessees or assigns of those rights, subject to district rules. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026 ), Sec. 1.05, eff. April 1, 2015. SUBCHAPTER B. BOARD OF DIRECTORS

Tex. SPEC. DIST. LOCAL LAWS Code § 8847.051. COMPOSITION OF BOARD; TERMS.

(a) Except as provided by Section 8847.053 , the district is governed by a board of seven directors appointed under Section 8847.052 . (b) Directors serve three-year terms. (c) A director may serve consecutive terms. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026 ), Sec. 1.05, eff. April 1, 2015.

Tex. SPEC. DIST. LOCAL LAWS Code § 8847.052. APPOINTMENT OF DIRECTORS BY INITIAL COUNTIES.

(a) The Angelina County Commissioners Court shall appoint two directors. One director shall represent the rural water and utilities and small municipal water supply interests. The other director shall represent the large industrial groundwater supply interests of the county. (b) The Nacogdoches County Commissioners Court shall appoint two directors. One director shall represent the rural water and utilities and small municipal water supply interests. The other director shall represent the forestry or agricultural groundwater supply interests of the county. (c) The Lufkin City Council shall appoint one director. (d) The Nacogdoches City Council shall appoint one director. (e) The Angelina County Commissioners Court and the Nacogdoches County Commissioners Court shall jointly appoint one director to represent the forestry, agricultural, or landowner groundwater interests of both counties. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026 ), Sec. 1.05, eff. April 1, 2015.

Tex. SPEC. DIST. LOCAL LAWS Code § 8847.053. APPOINTMENT OF DIRECTORS BY ADDITIONAL COUNTIES.

When a county is added to the district, the board may change the number of directors so that an equal number of directors are appointed from each county and one director is appointed jointly by the counties. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026 ), Sec. 1.05, eff. April 1, 2015.

Tex. SPEC. DIST. LOCAL LAWS Code § 8847.054. BOARD VACANCY.

If there is a vacancy on the board, the governing body of the entity that appointed the director who vacated the office shall appoint a director to serve the remainder of the term. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026 ), Sec. 1.05, eff. April 1, 2015.

Tex. SPEC. DIST. LOCAL LAWS Code § 8847.055. COMPENSATION; EXPENSES.

(a) A director is not entitled to receive compensation for serving as a director. (b) A director may be reimbursed for actual, reasonable expenses incurred in discharging official duties. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026 ), Sec. 1.05, eff. April 1, 2015.

Tex. SPEC. DIST. LOCAL LAWS Code § 8847.056. VOTE REQUIRED FOR BOARD ACTION.

A majority vote of a quorum of the board is required for board action. If there is a tie vote, the proposed action fails. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026 ), Sec. 1.05, eff. April 1, 2015. SUBCHAPTER C. POWERS AND DUTIES

Tex. SPEC. DIST. LOCAL LAWS Code § 8847.101. GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES.

Except as provided by this subchapter and Subchapter D, the district has the rights, powers, privileges, functions, and duties provided by the general law of this state, including Chapter 36 , Water Code, applicable to groundwater conservation districts created under Section 59 , Article XVI, Texas Constitution. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026 ), Sec. 1.05, eff. April 1, 2015.

Tex. SPEC. DIST. LOCAL LAWS Code § 8847.102. TRANSFER OF GROUNDWATER OUT OF DISTRICT.

(a) The district by rule may require a person to obtain a permit from the district for the transfer of groundwater out of the district consistent with Section 36.122 , Water Code, and may regulate the terms on which a permit holder under those rules may conduct such a transfer. (b) A retail public utility as defined by Section 13.002 , Water Code, is not required to obtain a permit to transfer groundwater out of the district if: (1) the source of the water is one or more wells located within the district; and (2) the water is used by the retail public utility to provide retail water utility service, as defined by Section 13.002 , Water Code, in a service area located in a county adjacent to the district. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026 ), Sec. 1.05, eff. April 1, 2015.

Tex. SPEC. DIST. LOCAL LAWS Code § 8847.103. WELLS EXEMPT FROM REGULATION.

(a) The district may not require a permit for a well incapable of producing more than 25,000 gallons of groundwater a day. (b) A well meeting the criteria established under Section 36.117 , Water Code, including a well used for dewatering and monitoring in the production of coal and lignite, is exempt from permit requirements, regulations, and fees imposed by the district. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026 ), Sec. 1.05, eff. April 1, 2015.

Tex. SPEC. DIST. LOCAL LAWS Code § 8847.104. LIMIT ON PURCHASE OF GROUNDWATER RIGHTS.

The district may not purchase groundwater rights unless the purchased rights are acquired for conservation purposes and are permanently held in trust not to be produced. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026 ), Sec. 1.05, eff. April 1, 2015.

Tex. SPEC. DIST. LOCAL LAWS Code § 8847.105. NO EMINENT DOMAIN POWER.

The district may not exercise the power of eminent domain. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026 ), Sec. 1.05, eff. April 1, 2015. SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Tex. SPEC. DIST. LOCAL LAWS Code § 8847.152. TAX BONDS PROHIBITED.

The district may not issue and sell any bonds or notes that pledge revenue derived from taxation in the name of the district. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026 ), Sec. 1.05, eff. April 1, 2015.

Tex. SPEC. DIST. LOCAL LAWS Code § 8847.153. PERMIT FEES.

(a) The board by rule may impose a reasonable fee on each well for which a permit is issued by the district and that is not exempt from regulation by the district. (b) The fee must be based on the amount of water to be withdrawn from the well. (c) The fee may not exceed $0.025 per thousand gallons of groundwater withdrawn for any purpose. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026 ), Sec. 1.05, eff. April 1, 2015.
Source: TX Statutes (Official Site)URL: https://statutes.capitol.texas.gov/Fetched: 6/29/2026

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