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.