Tex. Spec. Dist. Local Laws Code Section 8871.023
Authority of Temporary Directors


(a)

Except as provided by Subsections (c) and (d) or as otherwise provided by this subchapter, the temporary directors of the district have the same permitting and general management powers as those provided for initial and permanent directors under this chapter and Chapter 36 (Groundwater Conservation Districts), Water Code.

(b)

The temporary directors or their designees have the authority to enter any public or private property located in the district to inspect a water well that is not exempt under Section 8871.103 (Exempt Wells), as provided by Section 36.123 (Right to Enter Land), Water Code.

(c)

Except as provided by Section 8871.024 (Confirmation and Initial Directors’ Election), the temporary directors do not have the authority granted by the following provisions of Chapter 36 (Groundwater Conservation Districts), Water Code:

(1)

Sections 36.017 (Confirmation and Directors’ Election for District in a Management Area), 36.019 (Confirmation Election in District Including Land in More than One County), 36.020 (Bond and Tax Proposal), and 36.059 (General Elections);

(2)

Sections 36.105 (Eminent Domain), 36.1071 (Management Plan), 36.1072 (Texas Water Development Board Review and Approval of Management Plan), 36.1073 (Amendment to Management Plan), and 36.108 (Joint Planning in Management Area);

(3)

Sections 36.171-36.181;

(4)

Sections 36.201-36.204; and

(5)

Subchapters J and K.

(d)

The temporary directors may regulate the transfer of groundwater out of the district as provided by Section 36.122 (Transfer of Groundwater out of District), Water Code, but may not prohibit the transfer of groundwater out of the district.
Added by Acts 2017, 85th Leg., R.S., Ch. 644 (H.B. 4345), Sec. 2.02, eff. September 1, 2017.

Source: Section 8871.023 — Authority of Temporary Directors, https://statutes.­capitol.­texas.­gov/Docs/SD/htm/SD.­8871.­htm#8871.­023 (accessed Apr. 29, 2024).

Accessed:
Apr. 29, 2024

§ 8871.023’s source at texas​.gov