HBA-RBT C.S.H.B. 3805 76(R)BILL ANALYSIS
Office of House Bill AnalysisC.S.H.B. 3805
By: Gallego
Natural Resources
4/16/1999
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Currently, groundwater conservation districts can be created to effectively
plan, develop and regulate the use of water. C.S.H.B. 3805 creates the
Middle Pecos Groundwater Conservation District to manage Pecos 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. Creates a groundwater conservation district, to be
known as the Middle Pecos Groundwater Conservation District, in Pecos
County, subject to approval at a confirmation election under Section 9 of
this Act. Provides that the district is a governmental agency and a body
politic and corporate. Provides that the district is created under and is
essential to accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
SECTION 2. DEFINITION. Defines "district" to be the Middle Pecos
Groundwater Conservation District.
SECTION 3. BOUNDARIES. Provides that the boundaries of the district are
coextensive with the boundaries of Pecos County.
SECTION 4. FINDING OF BENEFIT. Presents finding 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 Chapter 36 (Groundwater Conservation Districts),
Water Code, 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 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
Section 36.121 (Limitation on Rulemaking Power of Districts Over Wells in
Certain Counties), Water Code, does not apply to the district. Provides
that the rights, powers, privileges, authority, functions, and duties of
the district are not subject to the continuing right of supervision of the
state through the Texas Natural Resource Conservation Commission.
SECTION 6. ELECTION OF DIRECTORS. Requires the directors of the district
to be elected according to the commissioners precinct method as provided by
this Act. Sets forth the method of electing directors.
SECTION 7. BOARD OF DIRECTORS. Provides that the district is governed by
a board of five directors and sets forth the qualifications and terms of
the directors. Prohibits a director from receiving 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 Pecos
County.
SECTION 8. APPOINTMENT AND TERMS OF TEMPORARY DIRECTORS. Requires the
Pecos County Commissioners Court to appoint one director, representing the
district at large, to serve a term expiring February 1, 2000, two
directors, representing precincts one and three, to serve terms expiring
February 1, 2001, and two directors, representing precincts two and four,
to serve terms expiring February 1, 2002, within 31 days of the effective
date of this Act. Sets forth the procedure in the event of a vacancy.
SECTION 9. CONFIRMATION ELECTION. Requires the temporary board of
directors to call and hold an election before the second anniversary of the
effective date of this Act to confirm establishment of the district. Sets
forth the procedure to be followed after the election.
SECTION 10. ELECTION OF INITIAL DIRECTORS. Requires the board, beginning
in the first year after the year in which the district is authorized to be
created at a confirmation election to call an election to be held in the
district on the third Saturday in January every year to elect the
appropriate number of directors to the board. Provides that all temporary
director's positions that have expired or are due to expire on February 1
of that year shall be up for election. Provides that the initial directors
serve terms expiring on the third anniversary of the expiration date
specified for that director's position in Section 8.
SECTION 11. TAXING AUTHORITY. Prohibits the district from imposing an ad
valorem tax.
SECTION 12. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. Provides that
the proper and legal notice of the intention to introduce this Act, setting
forth the general substance of this Act, has been published as provided by
law, and the notice and a copy of this Act have been furnished to all
persons, agencies, officials, or entities to which they are required to be
furnished by the constitution and other laws of this state, including the
governor, who has submitted the notice and Act to the Texas Natural
Resource Conservation Commission. Provides 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. Provides 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 13. Emergency clause.
Effective date: upon passage.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute modifies the original in SECTION 1, 2, and the caption, by
changing the name of the district to the Middle Pecos Groundwater
Conservation District.
The substitute modifies the original in SECTION 5 by adding Subsections (c)
and (d) to provide that Section 36.121, Water Code, does not apply to the
district and to provide that the Texas Natural Resource Conservation
Commission does not retain continuing supervision of the district.
The substitute modifies the original by adding SECTION 11 which prohibits
the district from imposing an ad valorem tax and redesignating SECTIONS 11
and 12 of the original to SECTIONS 12 and 13, respectively, in the
substitute.