BILL ANALYSIS



S.B. 1647
By: Madla (King)
May 11, 1995
Committee Report (Unamended)


BACKGROUND
Currently, the governing board of the Bexar-Medina-Atascosa
Counties Water Control and Improvement District No. 1 is composed
of five members who are elected at-large from within the district's
boundaries.  The process of electing members at-large creates the
possibility that landowners may not be evenly represented and
subject to future challenges under the Voting Rights Act.

PURPOSE
As proposed, S.B. 1647 requires the Bexar-Medina-Atascosa Counties
Water Control and Improvement District No. 1 to be divided into
single-member precincts for the purpose of electing members to the
district's board of directors.

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. DEFINITIONS.  Defines "board" and "district."

SECTION 2. CONVERSION TO SEVEN-MEMBER BOARD.  (a) Requires the
board of directors of the Bexar-Medina-Atascosa Counties Water
Control and Improvement District No. 1 (board) in office on the
effective date of this Act to divide the district into five
numbered single-member precincts not later than January 1, 1996.

     (b) Provides that the division of the district into single-member precincts does not affect the terms of directors in
     office on the effective date of this Act, and that, on
     expiration of a director's term, the director's position is
     converted to a single-member precinct position.
     
     (c) Requires five directors to be elected at the board
     election held on the first Saturday in May of 1996.  Sets
     forth requirements for the election, and authorizes a director
     whose term expires in 1996 to seek election to an at-large
     position or a single-member position for which the director
     qualifies.
     
     (d) Sets forth term limits.
     
     (e) Sets forth further requirements for the May 1998 election.
     
     (f) Requires the appropriate number of directors to be elected
     at each subsequent board election on the first Saturday in May
     of even-numbered years so that the board consists of one
     director elected from each of the district's five single-member precincts and two directors elected from the district
     at large.
     
     SECTION 3.     TERMS.  Provides that directors of the district serve
staggered four-year terms, except as provided by Section 2(d) of
this Act.

SECTION 4. QUALIFICATIONS OF DIRECTORS.  Requires a person seeking
to represent a single-member precinct of the district to own land
in the precinct sought to be represented.  Requires a person
seeking to represent the district at large to own land in the
district.

SECTION 5. APPLICATION FOR PLACEMENT ON BALLOT.  Requires a person
seeking to be placed on the ballot for a board election to indicate
that the person wishes to run for a position representing the
district at large, or identify the single-member precinct from
which the person wishes to run.

SECTION 6. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.  (a)
Declares that the proper and legal notice of the intention to
introduce this Act has been published as provided by law and
furnished to all entities required by the laws of this state.

     (b) Declares that the Texas Natural Resource Conservation
     Commission has filed its recommendations relating to this Act
     with the governor, lieutenant governor, and speaker of the
     house of representatives within the required time.
     
     (c) Declares that all requirements of the constitution and
     laws of this state and the rules and procedures of the
     legislature with respect to the notice, introduction, and
     passage of this Act are fulfilled and accomplished.
     
     SECTION 7.     Effective date: September 1, 1995.

SECTION 8. Emergency clause.


SUMMARY OF COMMITTEE ACTION
S.B. 1647 was considered by the committee in a formal meeting on
May 11, 1995.
No testimony was received.
The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 6
ayes, 0 nays, 0 pnv, 3 absent.