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.