HBA-NMO H.B. 2391 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2391 By: Gallego Natural Resources 3/15/1999 Introduced BACKGROUND AND PURPOSE Current law provides for the creation of groundwater conservation districts to plan, develop, and regulate the use of water resources. In West Texas, where water resources are scarce, water planning and regulation can be valuable tools in water resource management. H.B. 2391 creates the Presidio County Groundwater Conservation District, subject to approval at a confirmation election. 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. Creates the Presidio County Groundwater Conservation District, subject to approval at a confirmation election under Section 8 of this Act. Provides that the district is created under and is essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution (Conservation and Development of Natural Resources; Conservation and Reclamation Districts) SECTION 2. DEFINITION. Defines "district" as the Presidio County Groundwater Conservation District. SECTION 3. BOUNDARIES. Provides that the boundaries of the district are coextensive with the boundaries of Presidio County. SECTION 4. FINDING OF BENEFIT. Sets forth findings of benefit. SECTION 5. POWERS. 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 general law that is in conflict or inconsistent with this Act. Provides that the district has the power to limit the transfer of groundwater out of the district, including the power to prohibit the transfer. Provides that the district is subject to the continuing right of supervision of this state, through the Texas Natural Resource Conservation Commission. SECTION 6. BOARD OF DIRECTORS. Provides that the district is governed by a board of five directors appointed by the Presidio County Commissioners Court (commissioners court). Provides stipulations for appointments and terms. Prohibits a director from receiving a salary or other compensation for service as director but permits reimbursement for actual expenses of attending meetings at the rate in effect for employees of Presidio County. SECTION 7. APPOINTMENT AND TERMS OF INITIAL DIRECTORS. Requires the commissioners court, not later than the 31st day after the effective date of this Act, to appoint directors who will serve specified staggered terms. SECTION 8. CONFIRMATION ELECTION. Requires the initial board of directors to call and hold an election to confirm establishment of the district. Sets forth terms by which the confirmation election is held. Provides that this Act expires on the fourth anniversary of its effective date, if the establishment of the district has not been confirmed at an election held under this section by that date. 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. Sets forth findings relating to procedural requirements. SECTION 11. REPEALER. Repealer: Chapter 453, Acts of the 73rd Legislature, Regular Session, 1993. SECTION 12. EFFECTIVE DATES. Provides that this Act takes effect on September 1, 1999, except for Section 11, which takes effect on the date the results of an election confirming the establishment of the district are canvassed. SECTION 13. Emergency clause.