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.