74(R) HB 3189 House Committee Report

                          BILL ANALYSIS



C.S.H.B. 3189
By: Puente / et al.
4-28-95
Committee Report (Substituted)


BACKGROUND
During the 73rd Session, the Texas Legislature passed Senate Bill
1477 to manage the Edwards Aquifer.  The plan called for the
establishment of the Edwards Aquifer Authority to be administered
by an appointed authority.  However, the plan was never implemented
due to a challenge under the Voting Rights Act.  

PURPOSE
To establish a seventeen member board to administer the Edwards
Aquifer Authority so as to allow for the implementation of a plan
to effectively manage the resources of the Edwards Aquifer.

RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 1.09, Chapter 626, Acts of the 73rd
Session, Regular Session, 1993, to provide as follows:

     Sec. 1.09. The heading of this section is amended to include
"; ELECTIONS; TERMS; OFFICERS" in addition to the previous words of
the heading, i.e. "BOARD OF DIRECTORS."

     Subsection (a) provides for the establishment of a temporary
board of seventeen directors to serve terms expiring July 1, 1996
to govern the authority until the permanent board qualifies and
takes office;  delineates the composition of the temporary board,
the areas of which the various temporary board members must be
residents, the entities responsible for appointing each of the
temporary board members, and the number of temporary board members
to be appointed from each area.

     Subsection (b) provides that the appointments of the temporary
board of directors shall be made on or before September 1, 1995. 

     Subsection (c) provides that, when the temporary directors
have qualified, the directors shall take the oath of office and
meet to select one member to serve as presiding officer as soon as
practicable.

     Subsection (d) provides that the temporary board shall adopt
rules governing the procedures for the board and authority.

     Subsection (e) provides that, if an appointee to the office of
temporary director fails to qualify or if a vacancy occurs in a
temporary director's office, the remaining temporary directors
shall appoint a person to fill the vacancy.

     Subsection (f) delineates the composition of the seventeen
member permanent board of directors;  provides for the elected
directors to serve staggered four-year terms expiring June 1 of
each odd-numbered year or as provided by Section 1.092 of this
article;  provides that the appointed director must be a resident
of a county or municipality listed in Section 1.10 of this article
and serves a term of four years expiring June 1 of the fourth year
following the date of the director's regular appointment.

     Subsection (g) provides that the temporary board shall order
an election of 16 initial permanent members to be held on the
uniform election date in May 1996.

     Subsection (h) provides that, notwithstanding Subsection (f),
the initial permanent directors elected from the odd-numbered
districts described by Section 1.091 of this article serve terms
that expire June 1, 1997;  provides that the initial permanent
directors elected from the even numbered districts described by
Section 1.091 of this article serve terms that expire June 1, 1999.

     Subsection (i) provides that the board shall order elections
of the appropriate number of directors to replace those whose terms
are nearest expiration to be held on the uniform election date in
May of each odd-numbered year.

     Subsection (j) provides that, at the first meeting of the
board after new directors take office, the directors shall take the
oath of office and select one director to serve as presiding
officer of the board;  provides that the presiding officer serves
a term set by the board not to exceed two years.

     Subsection (k) provides that a director may not receive
compensation for service on the board, but is entitled to
reimbursement for actual and necessary expenses incurred in the
performance of the director's duties.

     Subsection (l) provides that the board may act only on the
affirmative vote of a majority of the directors.


SECTION 2. Amends Chapter 626, Acts of the 73rd Legislature,
Regular Session, 1993, by adding Sections 1.091 and 1.092, which
provide as follows:

     Section 1.091. Provides for the establishment of fifteen
single member election districts; defines the geographical
composition of each district; defines the terms "tract," "block,"
"block group," and "BNA."

     Section 1.092. Provides that one director shall be elected
alternately from Uvalde County or from Medina County and the area
of Atascosa County that is within the authority as provided by this
section;  provides that at the initial election of permanent
directors in May 1996, the director shall be elected at large from
the area comprising Medina County and the area of Atascosa County
that is within the authority;  provides that at the election of
directors held in May 1999, the director shall be elected at large
from Uvalde County;  provides that at the election of directors
held every four years subsequently, the director shall be elected
from those areas in alternation.

SECTION 3. Amends Section 1.10(a), Chapter 626, Acts of the 73rd
Session, Regular Session, 1993, by redefining the counties and
municipalities from which members of the South Central Texas Water
Advisory Committee shall be appointed.

SECTION 4.     Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE
(1)  The Original provided for a fifteen member permanent board of
directors to be elected from single-member election districts.  The
Substitute provides for a seventeen member permanent board of
directors, with fifteen of those seventeen members coming from the
fifteen single-member election districts defined in the Original,
one member to be elected alternately from Uvalde County or from
Medina County and the area of Atascosa County that is within the
authority, and one member to be appointed by the South Central
Texas Water Advisory Committee.

(2)  The Substitute amends Section 1.10(a), Chapter 626, Acts of
the 73rd Session, Regular Session, 1993, by redefining the counties
and municipalities from which members of the South Central Texas
Water Advisory Committee shall be appointed.  The Original did not
amend Section 1.10(a).

(3)  The Original and Substitute differ regarding the composition
of the temporary board of directors as follows:
     ORIGINAL:   Provided for a seven member temporary board
     of directors consisting of:  (1) three members of the
     board of directors of the Edwards Underground Water
     District (EUWD) elected from Bexar County appointed by
     the directors of the district elected from Bexar County
     and serving on September 1, 1995;  (2) one member of the
     board of the EUWD elected from Comal County appointed by
     the directors of the district elected from Comal County
     and serving on September 1, 1995;  (3) one member of the
     board of the EUWD elected from Hays County appointed by
     the directors of the district elected from Hays County
     and serving on September 1, 1995; (4) one member of the
     board of the Medina County Underground Water Conservation
     District (MCUWCD) elected from Medina County appointed by
     the directors of the district elected from Medina County
     and serving on September 1, 1995; and (5) one member of
     the board of the Uvalde County Underground Water
     Conservation District (UCUWCD) appointed by the board of
     directors of the district.

     SUBSTITUTE:   Provides for a seventeen member temporary
     board of directors consisting of:  (1) two residents of
     Uvalde County, appointed by the UCUWCD; (2) three
     residents of Medina County or the area of Atascosa County
     that is in the authority, appointed by the MCUWCD; (3)
     five residents of Bexar County appointed by the governing
     body of the city of San Antonio; (4) two residents of
     Bexar County appointed by the commissioners court of
     Bexar County; (5) two residents of Comal County appointed
     by the commissioners court of Comal County; (6) two
     residents of Hays County appointed by the governing body
     of the City of San Marcos; and (7) one resident of a
     county or municipality that is listed in Section 1.10(a)
     of this article (i.e. the areas comprising the South
     Central Texas Water Advisory Committee), appointed by the
     governor. 

(4)  The Original provided that the temporary directors were to be
appointed on or before September 30, 1995.  The Substitute changes
that date to September 1, 1995.

(5)  The Original provided that the temporary board shall order an
election of the elected initial permanent directors to be held on
the uniform election date in January 1996.  The Substitute changes
that date to May 1996.

(6)  The Substitute provides that, when the temporary directors
have qualified, the directors shall take the oath of office and
meet to select one member to serve as presiding officer as soon as
practicable.  The Original made no provision for oath taking nor
for a temporary presiding officer.

(7)  The Substitute provides that the temporary board shall adopt
rules governing the procedures for the board and authority.  The
Original made no provision for the adoption of rules.

(8)  The Substitute provides that, at the first meeting of the
board after new directors take office, the directors shall take the
oath of office and select one director to serve as presiding
officer of the board, and provides that the presiding officer
serves a term set by the board not to exceed two years.  The
Original made no provision for oath taking nor for a presiding
officer.

(9)  The Substitute provides that a director may not receive
compensation for service on the board, but is entitled to
reimbursement for actual and necessary expenses incurred in the
performance of the director's duties.  The Original did not address
compensation.

(10) The Substitute provides that the board may act only on the
affirmative vote of a majority of the directors.  The Original had
no corresponding provision.

(11) The Original provided for expiration of directors' terms on
July 1 of odd-numbered years.  The Substitute changes that to June
1 of odd-numbered years.

SUMMARY OF COMMITTEE ACTION
H.B.3189 was considered by the committee in a public hearing on
April 24, 1995.
The following persons testified in favor of the bill:
     Ms. Mary M. Arnold, representing the League of Women Voters;
     Mr. Tristan Castaneda, Jr., representing himself.

The following persons testified against the bill:
     Mr. Sterling Fly, III, representing Uvalde County Underground
Water Conservation District;
     Ms. Luana Buckner, representing herself and Medina County
Underground Water Conservation District;
     Mr. Kirk Patterson, representing himself;
     Ms. Carol Patterson, representing herself and her
constituents.

The following persons testified on the bill:
     Mr. Cliff Morton, representing San Antonio Water System;
     Ms. Jerri Martin, representing herself.

The committee considered thirteen (13) amendments to the bill.  No
action was taken on any of those thirteen (13) amendments.  The
committee considered a complete substitute for the bill.  The
substitute was withdrawn. 

The bill was left pending.

H.B.3189 was considered by the committee in a formal meeting on
April 28, 1995.
No testimony was received.
The committee considered one (1) amendment to the bill.  The
amendment was adopted by a record vote of 5 ayes, 3 nays, 0 pnv, 1
absent.
The Chair directed the committee staff to incorporate the adopted
amendment into a complete committee substitute.
The bill was reported favorably as substituted to the House, with
the recommendation that it do pass and be printed, by a record vote
of 5 ayes, 3 nays, 0 pnv, and 1 absent.