BILL ANALYSIS
H.B. 3221
By: Gallego (Sponsor)
Natural Resources
05-25-95
Senate Committee Report (Unamended)
BACKGROUND
Urban areas of Texas are constantly seeking new sources of water
for their ever-growing populations. This has prompted larger cities
to seek water from the nearest source, sometimes resulting in the
depletion of the sole water supply for a rural area.
PURPOSE
As proposed, H.B. 3221 provides for the creation, administration,
powers, duties, operation, and financing of the Culberson 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 Culberson County Underground Water
Conservation District (district) in Culberson 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) Provides that the district is created and is essential to
accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
SECTION 2. DEFINITION. Defines "district."
SECTION 3. BOUNDARIES. Sets forth the territory contained within
the district.
SECTION 4. FINDING OF BENEFIT. Provides that all of the land and
other property included within the boundaries of the district will
be benefited by the works and projects that are to be accomplished
by the district under powers conferred by Section 59, Article XVI,
Texas Constitution. Provides that the district is created to serve
a public use and benefit.
SECTION 5. POWERS. (a) Provides that the district has all the
rights, powers, privileges, authority, functions, and duties
(powers) provided by the general law of this state, including
Chapters 50 and 52, Water Code, applicable to underground water
conservation districts created under Section 59, Article XVI, Texas
Constitution, and including Chapter 51, Water Code. Provides that
this Act prevails over any provision of general law that is in
conflict or inconsistent with this Act.
(b) Subjects the powers of the district to the continuing
right of supervision of the state to be exercised by and
through the Texas Water Commission.
SECTION 6. BOARD OF DIRECTORS. (a) Provides that the district is
governed by a board of five directors.
(b) Provides that temporary directors serve until initial
directors are elected under Section 8 of this Act.
(c) Provides that initial directors serve until permanent
directors are elected under Section 9 of this Act.
(d) Provides that permanent directors serve staggered four-year terms.
(e) Requires each director to qualify to serve as director in
the manner provided by Sections 51.078 and 51.079, Water Code.
(f) Provides that a director serves until the director's
successor has qualified.
SECTION 7. TEMPORARY DIRECTORS. (a) Requires the Commissioners
Court of Culberson County (county commissioners court) to appoint
five temporary directors.
(b) Requires the temporary directors who have qualified, if a
temporary director fails to qualify for office, to appoint a
person to fill the vacancy. Requires the county commissioners
court, if at any time there are fewer than three qualified
temporary directors, to appoint the necessary number of
persons to fill all vacancies on the board.
SECTION 8. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a)
Requires the temporary board of directors, no later than 30 days
after the effective date of this Act, to call and hold an election
to confirm establishment of the district and to elect five initial
directors.
(b) Authorizes a person who desires to be a candidate for the
office of initial director to file an application with the
temporary board to have the candidate's name printed on the
ballot as provided by Section 52.107, Water Code.
(c) Requires the temporary board of directors, at the
confirmation and initial director's election, to have the
names of the five persons serving as temporary directors
placed on the ballot together with the name of any candidate
filing for the office of director as provided by Subsection
(b) of this section and blank spaces to write in the names of
other persons. Requires the temporary board of directors, if
the district is created at the election, at the time the vote
is canvassed, to declare the five persons who receive the most
votes to be elected as the initial directors and to include
the results of the directors' election in its election report
to the Texas Natural Resource Conservation Commission.
(d) Authorizes the propositions to be voted to include, in
addition to confirmation of the district and election of
directors, any proposition authorized by the temporary board
of directors.
(e) Provides that Section 41.001(a), Election Code, does not
apply to a confirmation and initial directors' election held
as provided by this section.
(f) Requires a confirmation and initial directors' election to
be conducted as provided by Sections 52.059(b)-(g), Water
Code, and the Election Code.
SECTION 9. ELECTION OF DIRECTORS. (a) Requires, on the first
Saturday in May of the second year after the year in which the
district is authorized to be created at a confirmation election, an
election to be held in the district for the election of two
directors who shall each serve two-year terms and three directors
receiving the most votes shall serve the four-year terms and the
other two directors who are elected shall serve the two-year terms.
SECTION 10. ADDITIONAL POWERS. Authorizes the district to
contract for, sell, and distribute water from a water import
authority or other entity.
SECTION 11. ADDITION OF TERRITORY. Authorizes additional
territory to be added to the district as provided by Chapter 51,
Water Code.
SECTION 12. STATUTORY INTERPRETATION. Provides that if there is
a conflict between this Act and Chapter 50, Chapter 51, or Chapter
52, Water Code, this Act controls. Provides that if there is a
conflict between Chapter 50, Water Code, and Chapters 51 or 52,
Water Code, Chapters 51 or 52 controls. Provides that if there is
a conflict between Chapter 51, Water Code and Chapter 52, Water
Code, Chapter 52 controls.
SECTION 13. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
Provides that the proper and legal notice of the intention to
introduce this Act has been published as provided by law.
SECTION 14. Emergency clause.
Effective date: upon passage.