BILL ANALYSIS S.B. 1714 By: Bivins Natural Resources 05-12-95 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 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 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.