HBA-RBT H.B. 1233 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1233
By: Gallego
Natural Resources
2/17/1999
Introduced


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. 

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 Chapters 36 (Groundwater Conservation
Districts)and 49 (Provisions Applicable to All Districts), Water Code,
applicable to groundwater conservation districts created under Section 59,
Article XVI, Texas Constitution.  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. 

(c) Provides that the rights, powers, privileges, authority, functions, and
duties of the district are subject to the continuing right of supervision
of the state, to be exercised by and through the Texas Natural Resource
Conservation Commission. 

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 established 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) 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.