JBM S.B. 1316 75(R)    BILL ANALYSIS


NATURAL RESOURCES
S.B. 1316
By: Barrientos (Krusee)
5-13-97
Committee Report (Unamended)



BACKGROUND 

Currently, directors of water districts are allowed a fee for serving of
$100 per day not to exceed $6,000 per year.  Because a position as
director is considered by constitutional and statutory law as an office,
state employees and certain local government employees cannot serve as a
district director and receive the fee without violating dual office
holding provisions.  However, officials can receive a per diem payment
without it counting as a salary and thus avoid the dual office holding
provision.  This bill will authorize a director of a water district to
elect to receive a per diem payment for each day spent on district
business, not to exceed $6,000 per year. 

PURPOSE

To authorize a director of a water district to elect to receive a per diem
payment for each day spent on district business, not to exceed $6,000 per
year. 

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. Amends Section 49.060, Water Code, by redesignating Subsection
(d) as Subsection (e), and adding a new Subsection (d), to authorize a
director of a water district, instead of the fees of office and
reimbursement of actual expenses, to elect to receive a per diem of $100
for each day the director actually spends performing the duties of a
director.  Prohibits the total per diems received from exceeding $6,000
per annum except for directors of a special water authority that is
engaged in the distribution and sale of electric energy to the public.
Requires each director, in order to receive the per diem, to file with the
district a general description of the duties performed for each day of
service.  Provides that, Section 49.002, Water Code, notwithstanding, in
all areas of conflict the provisions of this section shall take precedence
over all prior statutory enactments.  Provides that, if the enactment of
this section results in an increase in the fees of office for any
district, that district's fees office shall not increase unless the board
adopts a resolution authorizing payment of the higher fees. 

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.