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.