BILL ANALYSIS
C.S.H.B. 3189
By: Puente (Armbrister)
Natural Resources
05-19-95
Senate Committee Report (Substituted)
BACKGROUND
In 1993, the Texas Legislature passed S.B. 1477 establishing the
Edwards Aquifer Authority to manage the Edwards Aquifer. Due to a
challenge of the bill under the federal Voting Rights Act, the plan
outlined in S.B. 1477 was never implemented.
PURPOSE
As proposed, C.S.H.B. 3189 establishes a board of directors to
administer the Edwards Aquifer Authority in order 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 rulemaking authority is granted
to the board of directors of the Edwards Aquifer Authority under
SECTION 1 (Section 1.09(d), Article 1, Chapter 626, Acts of the
73rd Legislature, Regular Session, 1993) and to the temporary board
of directors of the Edwards Aquifer Authority under SECTION 1
(Section 1.092(d), Article 1, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Article 1, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, by amending Section 1.09, and
adding Sections 1.091 and 1.092, as follows:
Sec. 1.09. New heading: BOARD OF DIRECTORS; ELECTIONS; TERMS.
(a) Provides that the Edwards Aquifer Authority (authority) is
governed by a board of directors (board) composed of 15
directors from the single-member election districts described
by Section 1.093 of this article and two directors as
appointed under Section 1.091 of this article. Provides that
elected directors serve staggered four-year terms with as near
as possible to one-half of the members' terms expiring
December 1 of each even-numbered year.
(b) Requires the board to order elections of the appropriate
number of directors to replace directors holding elected
offices whose terms are nearest expiration to be held on the
uniform election date in November of each odd-numbered year.
(c) Requires the board, if a director's position becomes
vacant for any reason, to appoint a qualified person to
serve until the first election of directors following the
appointment. Sets forth provisions in the event that the
position is not scheduled to be filled at that election.
Deletes Subsections (b)-(d) and (h) regarding board members.
(d) Redesignates existing Subsection (e). Requires the
directors, at the initial meeting of the board following an
election of new directors, to elect a presiding officer and
other necessary officers. Provides that officers serve
terms set by rule of the board not to exceed two years.
(e) Provides that an act of the board is not valid unless
adopted by the affirmative vote of a majority of the
directors who are entitled to vote when a quorum is present.
Provides that eight directors who are entitled to vote
constitute a quorum.
(f) Makes conforming changes.
(g) Requires an elected director to hold office until a
successor has been elected and has taken the oath of office.
Sec. 1.091. NONVOTING MEMBERS OF BOARD. Requires the board
to include two nonvoting directors appointed as provided by
this section. Sets forth requirements for the appointment and
terms of nonvoting directors. Entitles a director appointed
under this section to participate and comment on any matter
before the board in the same manner as a voting director,
except voting on matters before the board. Authorizes a
director appointed under this section to be reimbursed for
expenses, but not for compensation for service on the board.
Sec. 1.092. TEMPORARY BOARD AND INITIAL ELECTION OF
DIRECTORS. Provides that, until a board is elected as
provided by this section and takes office, the authority is
governed by a temporary board of certain membership. Sets
forth requirements in the event of a vacancy in a temporary
director's office. Requires the temporary board, as soon as
practicable, to elect officers and adopt rules governing the
authority and board procedures. Authorizes a temporary
director appointed under this section to be reimbursed for
expenses, but prohibits compensation for service on the board.
Sets forth requirements for the initial election of directors
to the board, and term limits for initial board members.
Sec. 1.093. SINGLE-MEMBER ELECTION DISTRICTS. Sets forth the
boundaries of each single-member election district. Provides
that each district described by this section includes only the
part of the described geographic area included in the
boundaries of the authority as provided by Section 1.04 of
this article. Defines "tract," "block," "block group," and
"BNA."
SECTION 2. Amends Section 1.10(f), Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, to authorize the South Central
Texas Water Advisory Committee (advisory committee) to request the
board to reconsider any board action that the committee determines
is prejudicial to downstream water interests. Authorizes the
advisory committee to review an action that affects downstream
water rights or water quality, changes fees or pumping limits, or
materially impedes the advisory committee in exercising its duties
under this article. Requires the Texas Natural Resource
Conservation Commission (commission) to hold a hearing to review
the action before the 61st day after the date the commission
receives the request, and to make a written determination of
whether the action is prejudicial to downstream water interest or
materially impedes the advisory committee. Requires the
commission, in the determination, to affirm the board's action or
recommend that the board modify or withdraw the action. Deletes a
provision authorizing the commission to make certain
recommendations to the board.
SECTION 3. Emergency clause.
Effective date: upon passage.