JBM S.B. 1942 75(R)    BILL ANALYSIS


NATURAL RESOURCES
S.B. 1942
By: Madla (Gallego)
5-23-97
Committee Report (Unamended)



BACKGROUND 

One of the most prized natural resources of  rural west Texas towns is
water.  It is used to sustain the livelihood of ranchers and farmers, as
well as businesses and households.  Being a necessity for life, new water
sources are constantly being sought in urban areas of Texas for their
evergrowing populations.  This has prompted bigger cities to seek water
from the nearest source. Often the nearest source is the sole water supply
for a rural area.  This bill creates the Culberson County Groundwater
Conservation District to help manage this resource.    

PURPOSE

To create the Culberson County 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. CREATION.  Creates the Culberson County Groundwater
Conservation District (district) subject to approval at a confirmation
election under SECTION 8 of this Act.  States that the district is a
governmental agency and a body politic and corporate.  Also, 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. States that all the land and other property
in the district included within the boundaries of the district will be
benefited by the works and projects that are to be accomplished by the
district under Section 59, Article XVI, Texas Constitution. 

SECTION 5. POWERS.  States that the district has all the powers, rights,
privileges, authority, functions, and duties provided by the general law
of this state, including Chapters 36 and 49, Water Code, as applicable to
groundwater conservation districts created under Section 59, Article XVI,
Texas Constitution.  Also, this Act prevails over any provisions of
general law that is in conflict or inconsistent with this Act.  Also, the
district is subject to the continuing right of supervision of the state
through the Texas Natural Resource Conservation Commission (TNRCC).  This
section also outlines provisions of the Water Code that prevail over
conflicting or inconsistent provisions of this Act. 

SECTION 6. BOARD OF DIRECTORS.  Sets forth provisions regarding the
composition of the board of directors of the district.  Also, this section
states the terms of initial, temporary, and permanent directors, and it
outlines other director qualifications. 

SECTION 7. TEMPORARY DIRECTORS.  Sets forth provisions regarding the
appointment of  temporary directors of the district. 

SECTION 8. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.  Sets forth
provisions regarding an election to confirm the establishment of the
district and to elect five initial directors.  This section also outlines
provisions for applications and ballots for the confirmation and initial
directors' election.  

SECTION 9. ELECTION OF DIRECTORS.  Sets forth provisions regarding
directors' elections and the terms of directors.  

SECTION 10. ADDITIONAL POWERS.  Authorizes the district to contract for,
sell, and distribute water from a water import authority or other entity. 

SECTION 11. STATUTORY INTERPRETATION.  Provides that this Act, except as
otherwise provided by this Act, controls in a conflict between this Act
and Chapter 36 or 49, Water Code. Provides that Chapter 36 controls in a
conflict between Chapters 36 and 49, Water Code. 

SECTION 12.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.  Sets forth
provisions regarding findings related to procedural requirements. 

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