JBM H.B. 3606 75(R)    BILL ANALYSIS


NATURAL RESOURCES
H.B. 3606
By: Glaze
5-6-97
Committee Report (Unamended)



BACKGROUND 

Rohr Springs, located near the border of Henderson and Van Zandt counties,
is a free-flowing artesian formation that has flowed continuously for
decades.  The water, from the CarrizoWilcox formation, provides sustenance
to flora and fauna throughout that area of Texas.  The residents of the
area depend on wells from this formation for all their water.  Although
there are several surface water sources in and around these two counties,
this rural area is sparsely populated and therefore highly dependant on
well water for survival.  The entire Carrizo-Wilcox aquifer, and in
particular, the area around Rohr Springs, is threatened by over production
and potential pollution that may devastate the health, the lifestyles, and
the economic well-being of every citizen in the region.  For these
reasons, it is necessary to create a groundwater conservation district
with the authority to protect both the quality and quantity of water
available in the aquifer. 

PURPOSE

To create the Rohr Springs Groundwater Conservation District.

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.Creates the Rohr Springs Groundwater Conservation District
(district) in certain territory in Henderson and Van Zandt counties.  The
district is a governmental agency and a body politic.  Also, the district
is created under and is essential to accomplish the purposes of Section
59, Article XVI, Texas Constitution. 

SECTION 2.Defines the term "district."

SECTION 3.Sets the boundaries of the district coextensive with the
boundaries of Henderson and Van Zandt counties. 

SECTION 4.Declares that the property within the district will benefit by
creation of the district under powers conferred by Section 59, Article
XVI, Texas Constitution. 

SECTION 5.Provides for the purposes of the district, including protecting
the spring flow creating Rohr Springs; preventing interference between
wells; preventing excessive drawdown of the water table, or the reduction
of artesian pressure within the aquifer; and preventing waste of
groundwater. 

SECTION 6.Provides for the powers of the district, including all the
powers conferred by state law including Chapter 36 and 49, Water Code,
applicable to groundwater conservation districts created under Section 59,
Article XVI, Texas Constitution. Provides that this Act prevails over
general law to the extent of a conflict or inconsistent with this Act.
Finally, the powers granted to the district are subject to  the continuing
right of supervision of the state to be exercised by and through the Texas
Natural Resource Conservation Commission (TNRCC).  

SECTION 7.Provides for a board of seven permanent directors serving
staggered, three year terms.  Also, this section provides for temporary
directors to serve until initial permanent directors are elected under
Section 9 of this Act, and it provides for initial permanent directors to
serve terms as provided by Section 9(e) of this Act. Finally, each
director must qualify to serve as director in the manner provided by
Section 36.055, Water Code, and a director serves until the director's
successor has qualified.  

SECTION 8.(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 9.(a)  Provides that the temporary board shall call and hold an
election to elect seven initial directors. 
  (b)  Provides that at the initial director's election, the temporary
board of directors   shall provide for a ballot with the names of the
seven persons serving as     temporary directors 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 seven persons with the most votes to be elected as the initial
directors.   The canvased vote shall be reported to the TNRCC in the
district's election report. 
  (c)  States that Section 41.001(a), Election Code, does not apply to an
initial   directors' election held as provided by the Election Code. 
  (d)  States that, except as provided by this Section, an initial
directors' election   must be conducted as provided by the Election Code. 
  (e)  States that at the first board meeting following the initial
directors' election   under this section, the initial directors shall draw
lots to determine which two   directors shall each serve one-year terms,
which two directors shall each serve   two-year terms, and which three
directors shall each serve three-year terms. 

SECTION 10.Provides for election of permanent directors and terms of
office. 

SECTION 11.Allows the district to charge and collect production fees
relating to amount of water actually withdrawn from a well, amount of
water allocated in a production permit, capacity of a well; or size casing
diameter of a well. 

SECTION 12.Allows the district to assess an ad valorem tax on property
located within the district, subject to majority qualified-voter approval
in an election held under Subsection (b) of this Section.  Also, this
Section requires the district to hold an election to approve the tax where
the proposition in the election may set a limit on the taxing authority
being considered in the election.  If a majority of the voters approve the
tax, then the district may assess the approved tax annually.  Also,
notwithstanding Section 26.12, Tax Code, the district may assess the
approved tax for the entire year in which the election authorizing the tax
was held.  However, if a majority of the qualified voters voting in the
election, vote against the tax; the board may not hold another election to
obtain approval of the tax until three years after the date of the
election where it was disapproved.  

SECTION 13.  Provides that the district may manage, operate, or own
wastewater facilities as provided by Chapter 54, Water Code, and may
manage, own, or operate solid waste facilities. 

SECTION 14.  Findings requirements related to procedural and filing
requirements. 

SECTION 15.Emergency clause.