SRC-JRN S.B. 16 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 16
By: Zaffirini
Natural Resources
4-21-97
As Filed


DIGEST 

Currently, agriculture is the largest industry in Bee County.  Last year
the county received only 16 inches of rain, considerably less than the
yearly average of 30 inches.  This bill outlines provisions regarding the
creation, administration, powers, duties, operation, and financing of the
Bee County Groundwater Conservation District. 

PURPOSE

As proposed, S.B. 16 outlines provisions regarding the creation,
administration, powers, duties, operation, and financing of the Bee County
Groundwater 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. CREATION.  Creates the Bee Groundwater Conservation District
(district), subject to approval at a confirmation election under SECTION 9
of this Act.  Provides that the district is created under and is essential
to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

SECTION 2. DEFINITION.  Defines "district."

SECTION 3. BOUNDARIES.  Sets forth the boundaries of the district.

SECTION 4. FINDING OF BENEFIT.  Provides that all of the land and property
included within the boundaries of the district will be benefitted by the
works and projects that are to be accomplished by the district.  Provides
that the district is created to serve a public use and benefit. 

SECTION 5. POWERS.  Sets forth the rights, powers, privileges, authority,
functions, and duties of the district as provided by the 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.  Provides that this Act prevails over any provision of
general law that is in conflict or inconsistent with this Act. 

SECTION 6. BOARD OF DIRECTORS.  Provides that the district is governed by
a board of seven directors.  Sets forth the terms of the directors.
Requires each director to qualify to serve as director in the manner
provided by Section 36.055, Water Code.  Prohibits a person from serving
as a director unless certain qualifications are met.  Provides that a
director serves until the director's successor has qualified.   

SECTION 7. TEMPORARY DIRECTORS.  Sets forth persons composing the
temporary board of directors.  Authorizes temporary directors who have
qualified to appoint a person to fill vacancies for temporary directors
who fail to qualify for office.  Requires the Texas Natural Resource
Conservation Commission to appoint the necessary number of persons to fill
vacancies on the board if there are fewer than four qualified temporary
directors. 

 SECTION 8. SINGLE-MEMBER DISTRICTS.  Authorizes the temporary directors
to draw seven numbered single-member districts for electing directors.
Authorizes the initial or permanent directors to revise the districts as
necessary or appropriate.  Requires the board to provide for one director
to be elected from each of the single-member districts, for the conduct of
an election under SECTION 9 or 10 of this Act.  Provides that a director
elected from a single-member district represents the residents of that
single-member district. 

SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.  Requires the
temporary board of directors to call and hold an election to confirm
establishment of the district and to elect initial directors.  Requires
the temporary directors to have placed on the ballot the names of the
persons serving as temporary directors who intend to run for an initial
director's position together with the name of any candidate filing for an
initial director's position and blank spaces to write in the names of
other persons, at the confirmation and initial directors' election.
Requires the temporary board of directors to meet certain requirements at
the time the vote is canvassed, if the district is created at the
election.  Prohibits Section 41.001(a), Election Code, from applying to a
confirmation and initial directors' election held as provided by this
section.  Requires a confirmation and initial directors' election to be
conducted as provided by Sections 36.017(b)-(h), Water Code, and the
Election Code, except as provided by this section. 

SECTION 10. ELECTION OF DIRECTORS.  Sets forth requirements for election
and terms of directors. 

SECTION 11. LIMITATION ON TAXES.  Prohibits the district from imposing an
ad valorem tax at a rate that exceeds five cents on the $100 valuation of
taxable property in the district. 

SECTION 12. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.  Provides that
the proper and legal notice of the intention to introduce this Act has
been published as provided by law and the notice and copy of this Act have
been furnished to certain entities as required.  Provides that the Texas
Natural Resource Conservation Commission has filed its recommendations
relating to this Act with the governor, lieutenant governor, and speaker
of the house of representatives within the required time.  Provides that
all requirements of the constitution and laws of this state and the rules
of the legislature are fulfilled. 

SECTION 13. Emergency clause.
  Effective date: upon passage.