SRC-SLL H.B. 3607 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 3607
By: Counts (Brown)
Natural Resources
5-16-97
Engrossed


DIGEST 

During the 74th Regular Session, the legislature passed House Bill 846,
which created the Garza County Underground and Fresh Water Conservation
District (district).  After House Bill 846 became law, it was discovered
that another fresh water supply district already existed in the city of
Post, located in Garza County.  This discovery of two similar districts
overlapping the same territory led to some confusion in the November 1996
board of directors elections of the district.  In an attempt to resolve
the problem, the district's temporary board of directors did not strictly
follow the prescribed procedures in the election of initial directors.
Thus, this legislation is needed to validate the confirmation election and
actions taken by the board of directors until the problem can be properly
addressed.  This bill will validate certain acts of the district. 

PURPOSE

As proposed, H.B. 3607 validates certain acts of the Garza County
Underground and Fresh Water Conservation District. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. VALIDATION.  Provides that certain actions of the Garza County
Underground and Fresh Water Conservation District (district) and the
district's temporary or initial board of directors are validated and
confirmed as if the actions had been done as authorized by law.  Provides
that each initial director of the district, elected in conjunction with
the district's confirmation election, is confirmed and validated as a
district director and may serve the term to which the director was
elected. 

SECTION 2. FINDINGS RELATED TO BOUNDARIES.  Provides that the legislature
finds that the boundaries of the district include the city of Post, Texas,
despite any irregularity in calling or holding the election to confirm the
district or elect initial directors as provided by Section 10, Chapter
188, Acts of the 74th Legislature, Regular Session, 1995. 

SECTION 3. ELECTIONS.  Requires the board of directors of the district,
after the effective date of this Act, to call and hold elections to elect
district directors in accordance with Sections 6, 7, and 11, Chapter 188,
Acts of the 74th Legislature, Regular Session, 1995. 

SECTION 4. APPLICABILITY.  Provides that this Act does not apply to any
matter that is the subject of litigation on the effective date of this
Act. 

SECTION 5. Emergency clause.
  Effective date: upon passage.