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.