BLS H.B. 3590 75(R)BILL ANALYSIS


NATURAL RESOURCES
H.B. 3590
By: Hawley
4-30-97
Committee Report (Unamended)



BACKGROUND 

Currently, agriculture is the largest industry in San Patricio County.
Last year the county received considerably less rainfall than the yearly
average of 35 inches.  This bill outlines provisions regarding the
creation, administration, powers, duties , operation, and financing of the
San Patricio County Groundwater Conservation District. 

PURPOSE

To create the San Patricio Groundwater Conservation District for water
conservation and management in San Patricio County, Texas. 

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. (a)   Creates the San Patricio Groundwater Conservation
District (hereinafter "the district") subject to a confirmation election
pursuant to Section 8 of this Act.  The district is a governmental agency
and a body politic and corporate. 

  (b)   Provides that the district is created under and is essential to
accomplish the purposes of Article XVI, Section 59, Texas Constitution. 

SECTION 2. Defines "district".

SECTION 3. Sets for the boundaries and territory included in the district.

SECTION 4. Provides that all of the land and other property included in
the boundaries of the district will be benefitted by the works and
projects compiled by the district.  This section also provides that the
district is created to serve a public use and benefit. 

SECTION 5. (a)  Provides that the district has all of the rights, power,
privileges, authority, functions and duties provided under general law of
this state, including Chapters 36 and 49, Water Code, applicable to
groundwater conservation districts created under Section 59, Article XVI,
Texas Constitution.  This section also provides that this Act prevails
over any provision of general law that is conflicting 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 Natural
Resource Conservation Commission (TNRCC). 

SECTION 6. (a)  Provides that the district is composed of a five-member
board of 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 quality to serve as director in the
manner provided by Section 36.055, Water Code. 

  (f)  Provides that a director serves until the successor has qualified.

SECTION 7. Sets forth the composition of the temporary board.  If a
temporary director fails to qualify, those that do qualify shall appoint
someone to fill the vacancy.  If there are ever fewer than three
qualified, the TNRCC shall make the necessary appointments. 

SECTION 8. (a)  Provides that the temporary board shall call and hold an
election to confirm establishment of the district and elect five initial
directors. 

  (b)  Provides that at the confirmation and initial directors' election ,
the temporary board of directors shall place the names of the temporary
directors who intend to run for an initial director's office on the
ballot.  The canvassed vote shall be reported to the Texas Natural
Resource Conservation Commission. 

  (c)  Provides that Section 41.001(a), Election Code, does not apply to a
confirmation and initial director's election. 

  (d)  Provides that a confirmation and initial director's election must
be conducted as provided by Section 36.017 (b) - (h), Water Code and the
Election Code, except as provided by this section. 

SECTION 9. (a)  Sets forth the election dates and term requirements of the
directors, providing for staggered terms. 

  (b) Sets out the date on which subsequent elections will be held.

SECTION 10. Sets forth the maximum ad valorem tax rate that may be imposed
by the district. 

SECTION 11. (a)  Provides that the proper and legal notice setting forth
the substance of this Act has been published as provided by law.  Provides
that a notice of a copy of this Act has been furnished to the required
persons, agencies, officials and entities according to the constitution
and other laws of this state. 

  (b)  Provides that the TNRCC has filed its recommendations relating to
this Act with the governor, lieutenant governor, and the speaker of the
house of representatives within the required time. 

  (c)  Provides 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 12. Emergency clause and effective date is upon passage.