JBM H.B. 3602 75(R)BILL ANALYSIS NATURAL RESOURCES H.B. 3602 By: King 5-6-97 Committee Report (Unamended) BACKGROUND The city councils and county commissioner courts of Dimmit, La Salle, and Zavala Counties have submitted resolutions requesting the 75th Texas Legislature pass legislation which would authorize the creation of a groundwater conservation district to encompass these three counties. The residents of this area are concerned with the supply and quality of water from the CarrizoWilcox Aquifer, which is located within the proposed district. PURPOSE To create the Wintergarden Groundwater Conservation District for water conservation and management in Dimmit, La Salle, and Zavala Counties. 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 Wintergarden Groundwater Conservation District (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 to be accomplished by the district under powers conferred by Section 59, Article XVI, Texas Constitution. 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 seven 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 qualify to serve as director in the manner provided by Section 36.055, Water Code. (f) Provides that a director serve until his successor has qualified. SECTION 7. (a) Sets forth the composition of the temporary board. (b) Provides that if a temporary director fails to qualify, those that do qualify shall appoint a person to fill the vacancy. If there are ever fewer than four 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 to elect two initial directors from each county in the district and one initial director at large from the district. (b) Provides that at the confirmation and initial director's election, the temporary board of directors shall provide for a ballot that permits voting for or against the confirmation of the district and that permits qualified voters in each county to vote for two initial directors to represent the county and one initial director at large. The names of the temporary directors shall be placed on the ballot together with the name of any candidate filing for the office of director and blank spaces to write in the names of other persons. When the vote is canvassed, the temporary directors are required to declare the person with the most votes the director at large, and the two persons in each county for a position other than director at large to be elected as the initial directors. The canvased vote shall be reported to the TNRCC in the district's election report. (c) Provides that an initial director elected from a county must reside in the county represented by the initial director, and an initial director at large must live within the district to be represented. (d) Provides that Section 41.001(a), Election Code, does not apply to a confirmation and initial director's election, as held by this section. (e) 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 where three directors shall serve a two-year term, and four directors shall each serve a four-year term. (b) Provides residency requirements for the directors and the director at large. (c) Provides the date on which subsequent elections will be held. SECTION 10. (a) Provides that the proper and legal notice setting forth the substance of this Act has been published 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, including the governor who has submitted the notice and Act to the TNRCC. (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 11. Emergency clause and effective date is upon passage.