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.