BILL ANALYSIS

C.S.H.B. 5025

By: Zwiener

Natural Resources

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The Texas Legislature created a groundwater conservation district to protect water wells and groundwater in western Hays County. Currently, Texas law requires that new district board directors be elected from each district when redistricting occurs. C.S.H.B. 5025 seeks to allow a current director of the Hays Trinity Groundwater Conservation District to serve the remainder of their elected or appointed term, even if the district's boundary changes exclude their place of residence.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 5025 amends the Special District Local Laws Code to revise provisions relating to the establishment of terms of office for the Hays Trinity Groundwater Conservation District board of directors, when the boundaries of the single-member districts are changed, as follows:

· removes the provision requiring, after such a change, a new director to be elected from each district and requiring directors to draw lots to determine which directors serve one‑year terms and two-year terms; and

· entitles a director in office on the effective date of the change or elected or appointed before that date, as applicable, to serve the term or the remainder of the term in the single-member district to which the director was elected or appointed even though the change in boundaries places the director's residence outside the single-member district for which the director was elected or appointed.

The bill repeals the provision requiring the Hays County Commissioners Court to appoint a director to fill a vacancy on the district board and serve the remainder of the term.

C.S.H.B. 5025 establishes that the selection of terms of the board of directors that occurred before the bill's effective date and in accordance with the applicable statutory provisions is validated and confirmed. The bill applies only to a change in the boundaries of the single-member districts from which the directors are elected that is made on or after the bill's effective date.  

C.S.H.B. 5025 repeals Section 8843.055, Special District Local Laws Code.

EFFECTIVE DATE

September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 5025 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute includes the following provisions, which were not in the introduced:

· provisions establishing the bill's applicability to a change in the boundaries of the single-member districts that is made on or after the bill's effective date; and

· standard provisions establishing compliance with the required publication of the legal notice of the intention to introduce the bill, the related notice and recommendations required of the applicable agencies, officials, and entities, and the fulfillment and accomplishment of all applicable requirements of state laws and legislative rules and procedures.