BLS H.B. 3607 75(R)BILL ANALYSIS


NATURAL RESOURCES
H.B. 3607
By: Counts
5-6-97
Committee Report (Unamended)



BACKGROUND 

During the 74th Regular Session, the Legislature passed House Bill 846,
which created the Garza County Underground and Fresh Water Conservation
District ("the district").  The district is governed by a board of five
directors, with one director being elected at large and the other four
being elected per single-member precincts. 

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 elections
of the district.  In an attempt to resolve the problem with the two
districts in the City of Post, 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 their
confirmation election and actions until the problem can be properly
addressed. 

PURPOSE

To validate the confirmation election and other actions of the Garza
County Underground and Fresh Water 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. (a)  Validates and confirms the following actions of the Garza
County Underground and Fresh Water Conservation District (district) and
the district's temporary and initial board of directors: 
  (1)  the election confirming the creation of the district and electing
initial     directors. 
  (2)  any action of the district's temporary board of directors taken to
call or   conduct the election to confirm the creation of the district and
elect initial     directors; and 
  (3)  any action of the district's initial board of directors taken
before the effective   date of this Act. 
 (b)  States 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.  Legislative findings related to boundaries.

SECTION 3.  States that after the effective date of this Act, the board of
directors of the district shall 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.  States that this Act does not apply to any matter that is the
subject of litigation and  the effective date of this Act. 

SECTION 5.  Emergency clause.