BILL ANALYSIS



H.B. 3221
By: Gallego
05-02-95
Committee Report (Unamended)


BACKGROUND
One of the most prized possessions of many rural west Texas Towns
is the commodity of water.  It is used to sustain the livelihood of
ranchers and farmers, as well as businesses and households.

As a result of water being a necessity for life, urban areas of
Texas are constantly seeking new sources of water for their ever-growing populations.  This has prompted bigger cities to seek 
water from the nearest source, sometimes resulting in the depletion
of the sole water supply for a rural area.

PURPOSE
To provide for the establishment of an underground water
conservation district to provide water conservation plans and
regulate the use of water.

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.  Creates  the Culberson County Underground Water
Conservation District under Article XVI, Section 59 of the Texas
Constitution.

Section 2.  Defines "district". 

Section 3.  Establishes the boundaries of the district.

Section 4.  Finding of benefit.  

Section 5.  Provides that the powers and duties of this act are
provided by Article XVI, Chapter 59, of the Texas Constitution.  It
also includes Chapters 50, 51 and 52 of the Water Code.  This act
prevails over any conflict in general law.

Section 6.  Provides for a board of five directors, and the terms
of service and qualifications for the temporary, initial, and
permanent directors.  

Section 7.  Five initial directors will be appointed by the
Culberson Commissioners Court and provides for the filling of a
vacancy.

Section 8.  Delineates the provisions for the confirmation and
initial director's election.

Section 9.  Provides for the date of election of directors and
establishes staggered terms.

Section 10. Allows the district to contract for, sell and
distribute water from a water import authority or other entity.

Section 11. Allows additional territory to be added to district as
provided by Chapter 52, Water Code.

Section 12. Provides for Chapter 50, Chapter 51, or Chapter 52 to
prevail over any conflicts with this act and the Water Code.  If
any conflicts between Chapter, 50, Water Code, and Chapter 51 or
Chapter 52, Chapter 51 or Chapter 52 controls.  If there is a
conflict between Chapter 51, and Chapter 52, Chapter 52 controls.

Section 13.  Findings relating to procedural Requirements.  All
legal provision concerning the creation of this act have been
followed as required by the Constitution.

Section 14.  Emergency clause.

SUMMARY OF COMMITTEE ACTION
H.B.3221 was considered by the committee in a formal meeting on May
2, 1995.
No testimony was received.
The bill was reported favorably without amendment, with a
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 9
ayes, 0 nays, 0 pnv, 0 absent.