BILL ANALYSIS



H.B. 846
By: Counts
February 28, 1995
Committee Report (Unamended)

BACKGROUND
Garza County is primarily composed of farming and ranching
communities.  The citizens of the county feel that the creation of
an underground water conservation district will aid in the
regulation of water use and water quality.

PURPOSE
The purpose of this legislation is to create the Garza County
Underground and Fresh Water Conservation District.

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

SECTION BY SECTION ANALYSIS
     SECTION 1. Creates the Garza County Underground and Fresh
Water Conservation District under Section 59, Article XVI, of the
Texas Constitution.

     SECTION 2. Defines "district" as the Garza County Underground
and Fresh Water Conservation District.

     SECTION 3. Defines the boundaries of the district as being
coextensive with the boundaries of Garza County.

     SECTION 4. Legislative findings of benefit.

     SECTION 5. Provides for the district to have all powers
provided by state law, including Chapters 50,51, and 52, Water
Code; provides for this Act to prevail over conflicts with general
law; provides for continuing supervision by this state.

     SECTION 6. The directors of the district shall be elected
according to the commissioners precinct method as provided by this
Act.  One director shall be elected by the electors of the entire
district, and one director shall be elected from each county
commissioners precinct by the electors of that precinct.  At the
first election after the county commissioners precincts are redrawn
under Section 18, Article V, Texas Constitution, four new directors
shall be elected to represent the precincts.  The directors elected
shall draw lots to determine their terms.

     SECTION 7. Provides for a board of five directors, appointment
of temporary directors, and qualifications for directors.

     SECTION 8. Provides for the terms of service and
qualifications for temporary, initial, and permanent directors.

     SECTION 9. Names the temporary directors; provides for filling
a vacancy.

     SECTION 10. Provides for the confirmation of the initial
directors' elections.

     SECTION 11. Provides for the election of permanent directors.

     SECTION 12. Legislative findings that procedural requirements
have been met.

     SECTION 13. Emergency clause.

SUMMARY OF COMMITTEE ACTION
HB846 was considered by the committee in a public hearing on
Monday, February 20, 1995.  The bill was reported favorably without
amendment with a recommendation that it do pass and be printed and
be sent to the Committee on Local and Consent Calendars, by a
record vote of 7 Ayes, 0 Nays, 0 PNV, and 2 Absent.