BILL ANALYSIS
H.B. 846
By: Counts (Montford)
Water
05-03-95
Senate 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
As proposed, H.B. 846 provides for the creation, administration,
powers, duties, operation, and financing of 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, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. CREATION. (a) Creates an underground water conservation
district in Garza County, to be known as the Garza County
Underground and Fresh Water Conservation District (district).
Subjects the district to approval at a confirmation election under
Section 10 of this Act. Provides that the district is a
governmental agency and a body politic and corporate.
(b) Provides that the district is created under and is
essential to accomplish the purposes of Section 59, Article
XVI, Texas Constitution.
SECTION 2. DEFINITION. Defines "district."
SECTION 3. BOUNDARIES. Provides that the boundaries of the district
are coextensive with the boundaries of Garza County, Texas.
SECTION 4. FINDING OF BENEFIT. Provides that all of the land and
other property included within the boundaries of the district will
be benefited by the works and projects that are to be accomplished
by the district under powers conferred by Section 59, Article XVI,
Texas Constitution. Provides that the district is created to serve
a public use and benefit.
SECTION 5. POWERS. (a) Provides that the district has all of the
rights, powers, privileges, authority, functions, and duties
provided by the general law of this state, including Chapters 50
and 52, Water Code. Provides that this Act prevails over any
provision of general law that is in conflict or inconsistent with
this Act.
(b) Subjects the rights, powers, privileges, authority,
functions, and duties of the district to the continuing right
of supervision of the state to be exercised by and through the
Texas Natural Resource Conservation Commission (TNRCC).
SECTION 6. ELECTION OF DIRECTORS. (a) Requires the directors of the
district to be elected according to the commissioners precinct
method as provided by this Act.
(b) Requires one director to be elected by the electors of the
entire district, and one director to be elected from each
county commissioner precinct by the electors of that precinct.
(c) Requires a person to indicate on the application for a
place on the ballot the precinct that the person seeks to
represent or that the person seeks to represent the district
at large.
(d) Requires, at the first election after the county
commissioners precincts are redrawn under Section 18, Article
V, Texas Constitution, four new directors to be elected to
represent the precincts. Requires the directors elected to
draw lots to determine their terms.
SECTION 7. BOARD OF DIRECTORS. (a) Provides that the district is
governed by a board of five directors.
(b) Requires a vacancy in the office of director to be filled
by appointment of the board until the next election for
directors. Requires the person elected to fill the position,
if the position is not scheduled to be filled at the election,
to serve only for the remainder of the unexpired term.
(c) Requires a person, to be eligible to serve as director, to
be a registered voter in the precinct from which the person is
elected or appointed if representing a precinct or in the
district if representing the district at large.
SECTION 8. SERVICE OF DIRECTORS. (a) Provides that temporary
directors serve until initial directors are elected under Section
10 of this Act.
(b) Provides that initial directors serve until permanent
directors are elected under Section 11 of this Act.
(c) Provides that permanent directors serve staggered four-year terms.
(d) Requires each director to qualify to serve as director in
the manner provided by Sections 51.078 and 51.079, Water Code.
(e) Provides that a director serves until the director's
successor has qualified.
SECTION 9. TEMPORARY DIRECTORS. (a) Sets forth the composition of
the temporary board of directors.
(b) Requires the temporary directors who have qualified, if a
temporary director fails to qualify for office, to appoint a
person to fill the vacancy. Requires TNRCC, if at any time
there are fewer than three qualified temporary directors, to
appoint the necessary number of persons to fill all vacancies
on the board.
SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a)
Requires the temporary board of directors to call and hold an
election to confirm establishment of the district and to elect five
initial directors.
(b) Authorizes a person, including a temporary director, who
desires to be a candidate for the office of initial director
to file an application with the temporary board to have the
candidate's name printed on the ballot as provided by Section
52.107, Water Code.
(c) Requires the temporary board of directors, at the
confirmation and initial directors' election, to have the name
of any candidate filing for the office of director, as
provided by Subsection (b) of this section, placed on the
ballot and blank spaces to write in the names of other
persons. Requires the temporary directors, if the district is
created at the election, at the time the vote is canvassed, to
declare the person who receives the most votes in each
precinct to be elected as director for that precinct and the
person who receives the most votes in the district to be
elected as director for the district at large. Requires the
district to include the results of the directors' election in
its election report to TNRCC.
(d) Provides that Section 41.001(a), Election Code, does not
apply to a confirmation and initial directors' election held
as provided by this section.
(e) Requires a confirmation and initial directors' election to
be conducted as provided by Sections 52.059(b)-(g), Water
Code, and by the Election Code.
SECTION 11. ELECTION OF DIRECTORS. Provides that on the first
Saturday in May of the second year after the year in which the
district is authorized to be created at a confirmation election, an
election shall be held in the district for the election of the
directors for Precinct Nos. 1 and 3, who shall each serve two-year
terms, and the directors for Precincts Nos. 2 and 4 and for the
district at large, who shall each serve four-year terms. Requires
thereafter, on the first Saturday in May in each subsequent second
year, the appropriate number of directors to be elected to the
board.
SECTION 12. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. (a)
Provides that the proper and legal notice of the intention to
introduce this Act has been published as provided by law, and the
notice and a copy of this Act have been furnished to all entities
to which they are required to be furnished by the constitution and
other laws of this state, including the governor, who has submitted
the notice and Act to TNRCC.
(b) Provides that TNRCC has filed its recommendations relating
to this Act with the governor, lieutenant governor, and
speaker of the house of representatives within the required
time.
(c) Provides that all requirements of the constitution and
laws of this state and the rules and procedures of the
legislature with respect to the notice, introduction, and
passage of this Act are fulfilled and accomplished.
SECTION 13. Emergency clause.
Effective date: upon passage.