HBA-RBT C.S.H.B. 1233 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1233 By: Gallego Natural Resources 3/22/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Texas faces a difficult challenge to develop water policies that serve state and regional interests. The Texas Constitution provides that groundwater conservation districts can be created to plan, develop, and regulate the use of water. C.S.H.B. 1233 creates the Brewster County Groundwater Conservation District to manage the county's water groundwater resources. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. CREATION. (a) Creates the Brewster County Groundwater Conservation District (district) in Brewster County subject to approval at a confirmation election under Section 8 of this Act. (b) Provides that the district is created under and is essential to accomplish the purposes of Section 59, Article XVI (Conservation and Development of Natural Resources; Conservation and Reclamation Districts), Texas Constitution. SECTION 2. DEFINITION. Defines "district." SECTION 3. BOUNDARIES. Provides that the boundaries of the district are the boundaries of Brewster County. SECTION 4. FINDING OF BENEFIT. Provides that all of the land and other 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. (a) Provides that the district has all the rights, powers, privileges, authority, functions, and duties provided by the general law of this state, including Chapter 36 (Groundwater Conservation Districts), applicable to groundwater conservation districts created under Section 59, Article XVI, Texas Constitution. Provides that Chapter 49 (Provisions Applicable to All Districts), Water Code does not apply to the district. Provides that this Act prevails over any provision of law that is in conflict or is inconsistent with this Act. (b) Provides that the district has the power to limit the transfer of groundwater out of the district. SECTION 6. BOARD OF DIRECTORS. (a) Provides that the district is governed by a sevenmember board of directors appointed by the Brewster County Commissioners Court. (b) Specifies the composition of the board. (c) Provides residency requirements for specified board members. (d) Provides additional residency requirements related to board members. (e) Provides that each director must qualify to serve as director in the manner provided by Section 36.055, Water Code (Sworn Statement, Bond, and Oath of Office). (f) Provides that directors other than the initial directors must serve staggered three-year terms. (g) Provides that a director serves until the director's successor has qualified. (h) Requires the commissioners court to appoint a director to serve the remainder of the term if there is a vacancy on the board. (i) Requires the commissioners court to appoint a director to succeed a director on or before the date the director's term expires. (j) Provides that a director may not receive a salary or other compensation for service as a director but may be reimbursed for actual expenses of attending meetings at the rate in effect for employees of Brewster County. SECTION 7. APPOINTMENT AND TERMS OF INITIAL DIRECTORS. Requires the Brewster County Commissioners Court to appoint the directors within 31 days of the effective date of this Act, and establishes the terms of office of the initial directors. SECTION 8. CONFIRMATION ELECTION. (a) Requires the initial board of directors to call and hold an election to confirm establishment of the district. (b) Provides that Section 41.001(a), Election Code (Uniform Election Dates), does not apply to a confirmation election held pursuant to this section. (c) Requires the temporary directors to declare the district created if a majority of the votes cast at the election favor the establishment of the district. Requires the temporary directors to declare the district defeated if a majority of the votes are against establishment of the district. Requires the temporary directors to file a copy of the election results with the Texas Natural Resource Conservation Commission. (d) Authorizes the temporary directors to call and hold a subsequent election to confirm establishment of the district if a majority of the votes cast at the election are against the establishment of the district. Prohibits a subsequent election from being held earlier than the first anniversary of the date on which the previous election was held. Provides that this Act expires if the establishment of the district is not confirmed at an election held under this section on or before the second anniversary of the effective date of this Act. (e) Provides that a confirmation must be conducted as provided by Sections 36.017(b)-(h), Water Code (Confirmation and Directors' Election), and the Election Code, except as provided by this section. SECTION 9. TAXING AUTHORITY. Prohibits the district from levying or collecting an ad valorem tax in the district. SECTION 10. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. (a) States that the proper and legal notices of the intention to introduce this Act, and copies of this Act, have been distributed to the appropriate persons and agencies. (b) States 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. (c) States that all requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished. SECTION 11. Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original in SECTION 5 by providing that Chapter 49, Water Code, does not apply to the district. Also, the substitute does not contain Subsection (c), which provided in the original that the powers, privileges, authority, functions, and duties of the district are subject to state supervision, as exercised by TNRCC. The substitute modifies the original by adding Subsections (c) and (d) in SECTION 8, which provide for procedures for filing and declaring election results. Subsection (c) of the original is redesignated to Subsection (e).