BILL ANALYSIS H.B. 1493 By: Chisum (Sponsor) Water 4-28-95 Senate Committee Report (Unamended) BACKGROUND Hemphill County is composed primarily of farming and ranching communities. The citizens of the county feel that the creation of an underground water conservation district would aid in the regulation of water use and water quality. PURPOSE As proposed, H.B. 1493 creates 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, or agency. SECTION BY SECTION ANALYSIS SECTION 1. CREATION. (a) Creates an underground water conservation district, to be known as the Hemphill County Underground Water Conservation District (district), in Hemphill County, subject to approval at a confirmation election under Section 8 of this Act. Provides that the district is a governmental agency and a body politic and corporate. (b) Declares 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 Hemphill County. SECTION 4. FINDING OF BENEFIT. Requires all of the land and other property included within the district boundaries to be benefitted by the works and projects that are to be accomplished by the district under Section 59, Article XVI, Texas Constitution. Creates the district to serve a public use and benefit. SECTION 5. POWERS. (a) Grants the district all the rights, powers, privileges, authority, functions, and duties provided by the general law of this state applicable to underground water conservation districts created under Section 59, Article XVI, Texas Constitution, except the district may not exercise the power of eminent domain for any purpose. 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. SECTION 6. BOARD OF DIRECTORS. Provides that the district is governed by a board of five directors, and sets forth the term limits and necessary qualifications for the temporary, interim, and permanent directors. SECTION 7. TEMPORARY DIRECTORS. Sets forth the requirements for the appointment of temporary directors. SECTION 8. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. Sets forth requirements for the election of initial directors. SECTION 9. ELECTION OF DIRECTORS. Establishes timetables for the holding of elections of permanent directors. SECTION 10. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. Declares 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 11. Emergency clause. Effective date: upon passage.