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.