JBM H.B. 2563 75(R)BILL ANALYSIS


NATURAL RESOURCES
H.B. 2563
By: Cook
4-2-97
Committee Report (Unamended)



BACKGROUND 

In 1949, the 51st Legislature passed HB 162,  which made possible the
creation of groundwater conservation districts and the designation of
"underground reservoirs" for the purpose of groundwater management.  (The
concept of  "underground reservoirs" has since been modified to
"underground water management area" by SB 1212, 71st Legislature.)  This
law was incorporated in the Water Code in 1971 as Chapter 52, Underground
Water Conservation Districts.  The law outlined the powers, duties, and
responsibilities for district operations; provided procedures for
elections and duties of boards of directors; and allowed procedures for
annexation, consolidation, and dissolution of districts.   

Fifty-four groundwater conservation districts have been created within the
state since 1951. Forty districts have been confirmed through local
elections, seven districts have not held confirmation elections to date,
five districts have failed confirmation elections and two districts have
been abolished by the legislature.  

PURPOSE

To require underground water conservation districts created by the
71st-73rd Legislature to hold a confirmation election within two years of
the effective date of this Act.  

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:  Calls for the repeal of Acts by the 71st, 72nd, or 73rd
Legislatures creating underground water conservation districts that have
not been approved at a confirmation election on or before the second
anniversary of the effective date of this Act;  provides that such repeal
takes effect on that second anniversary. 

SECTION 2:  Provides that a district repealed under this Act has no
further authority, except all debts must be paid and the organization of
the district is maintained until all debts are paid. 

SECTION 3:  Emergency clause.