BILL ANALYSIS



S.B. 1714
By: Bivins (Smithee)
5-16-95
Committee Report (Unamended)


BACKGROUND
Although a portion of the Ogallala aquifer has been designated as
an underground water management area, Oldham County lacks a water
conservation district.

PURPOSE
As proposed, S.B. 1714 creates the Oldham County Underground Water
Conservation District.

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. CREATION.  (a) Creates an underground water conservation
district, to be known as the Oldham County Underground Water
Conservation District (district), in Oldham County, subject to
approval at a confirmation election under SECTION 8 of this Act. 
Declares that the district is a governmental agency and a body
politic and corporate.

     (b) Declares that the district is created under and is
     essential to accomplish the purposes of Section 59, Article
     XVI, Texas Constitution.
     
     SECTION 2.     DEFINITION.  Defines "district."

SECTION 3. BOUNDARIES.  Makes the boundaries of the district
coextensive with the boundaries of Oldham County.

SECTION 4. FINDING OF BENEFIT.  Declares that all of the land and
other property included within the boundaries of the district will
be benefitted by the works and projects that are to be accomplished
by the district under powers conferred by Section 59, Article XVI,
Texas Constitution.  Declares that the district is created to serve
a public use and benefit.

SECTION 5. POWERS.  (a) Grants the district all of the rights,
powers, privileges, authority, functions, and duties provided by
the general law of this state.  Declares that this Act prevails
over any provision of general law that is in conflict or
inconsistent with this Act.

     (b) Subjects the rights, powers, privileges, authority,
     functions, and duties of the district to the continuing right
     of supervision of the state to be exercised by and through the
     Texas Natural Resource Conservation Commission (commission).
     
     SECTION 6.     BOARD OF DIRECTORS.  Declares that the district is
governed by a board of five directors (board).  Sets forth the
composition of the board, and term limits and requirements for
board members.

SECTION 7. TEMPORARY DIRECTORS.  (a) Sets forth the composition of
the temporary board.

     (b) Sets forth guidelines in the event of vacancies on the
     board.
     
     SECTION 8.     CONFIRMATION AND INITIAL DIRECTORS' ELECTION. Requires
the temporary board to call and hold an election to confirm the
establishment of the district and to elect five initial directors. 
Sets forth guidelines and requirements for the election.

SECTION 9. ELECTION OF DIRECTORS.  Sets forth guidelines and
requirements for the election of directors.

SECTION 10.    FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 
Declares that certain procedural requirements regarding this Act
have been fulfilled.

SECTION 11.    Emergency clause.
           Effective date: upon passage.

SUMMARY OF COMMITTEE ACTION
S.B.1714 was considered by the committee in a formal meeting on May
16, 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.