BILL ANALYSIS


Natural Resources Committee
H.B. 1493
By: Chisum
02-27-95
Committee Report (Unamended)


BACKGROUND
Hemphill 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 Hemphill County
Underground 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 Hemphill County Underground Water
Conservation District under Section 59, Article XVI, of the Texas
Constitution.

     SECTION 2. Defines "district" as the Hemphill County
Underground Water Conservation District.

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

     SECTION 4. Legislative findings of benefit are that the
property within the boundaries of the district will benefit from
the powers conferred to the district.

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

     SECTION 6. Provides for a board to be composed of 5 directors;
temporary directors will serve until initial permanent directors
are elected; initial permanent directors will serve until permanent
directors are elected; permanent directors serve staggered 4 year
terms;each director must qualify under Sections 51.078 and 51.079
of the Water Code.

     SECTION 7. Allows the Commissioners Count of Hemphill County
to appoint 5 temporary directors, unless one of the appointees does
not qualify, in which case the temporary directors who did qualify
will appoint the vacancy; if less than 3 appointees qualify, the
commissioners court shall fill the vacancies.

     SECTION 8. (a)  The temporary board of directors shall call
and hold an election to confirm the establishment of the district
and elect 5 initial directors;
               (b)  Anyone wishing to be a candidate should file an
application with the temporary board to have their name printed on
the ballot;
               (c)  On the ballot, the temporary board members, the
names of any applicants, and blank spaces for write-in candidates
shall be printed; if the voters approve of the district, the
temporary board shall declare the 5 persons with the highest number
of votes as the initial directors and report to the TNRCC.
               (d)  Section 41.001 (a) of the Election Code does
not apply to a confirmation as exercised by this section.
               (e)  The election under this bill must be conducted
in accordance with Sections 52.059 (b) - (g) of the Election Code,
and the Water Code.

     SECTION 9. On the first Saturday in May, two years after the
election to confirm the district, an election for 2 of the
directors seats shall be held; 2 seats shall serve 2 year terms,
and 3 seats shall serve 4 year terms; appropriate elections shall
be held thereafter consistent with this section.

     SECTION 10. (a)  The proper legal notice has been published,
and the proper agencies and officials have been notified, pursuant
to the Texas Constitution; The TNRCC has filed the required
recommendations with the required officials as required by law; all
the laws and rules and procedures have been properly followed.

     SECTION 11. Emergency clause.

SUMMARY OF COMMITTEE ACTION
HB 1493 was considered by the Committee in a public hearing on
February 27, 1995.

The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars by a record vote of 6
ayes, 0 nays, 0 pnv, 3 absent.