HBA-RBT, NMO H.B. 3812 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 3812 By: Morrison Natural Resources 4/26/1999 Committee Report (Amended) BACKGROUND AND PURPOSE Currently, there are no regulations limiting the amount of water pumped from the Gulf Coast aquifer (aquifer) located under Victoria County. Recent studies have indicated that the City of Victoria, which resources all of its water from the aquifer, is depleting the aquifer rapidly. To protect current and future economic growth, and municipal, agricultural, and industrial water users, the city and county of Victoria have requested the formation of a groundwater conservation district. H.B. 3812 creates the Victoria County Groundwater Conservation District, upon 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 Victoria County Groundwater Conservation District (district) in Victoria County, subject to approval at a confirmation election. Provides that the district is created under Section 59, Article XVI, Texas Constitution. Provides that the district is a governmental agency and a body politic and corporate. SECTION 2. DEFINITIONS. Defines "district" and "board." SECTION 3. FINDING OF BENEFIT. Sets forth findings of benefit. SECTION 4. BOUNDARIES. Provides the boundaries of the district are coextensive with the boundaries of Victoria County. SECTION 5. POWERS. Provides that the district, except to the extent of any conflict with this Act or as specifically limited by this Act, is governed by and subject to Chapter 36 (Groundwater Conservation Districts), Water Code, and authorizes the district to exercise all of the powers contained in this chapter, including the power to issue bonds and levy and collect taxes and the power of eminent domain. SECTION 6. TEMPORARY DIRECTORS. Sets forth the composition of the temporary board of directors. Sets forth the method for appointing a temporary director, if a current temporary member has not qualified. Requires the temporary directors to select from their members a chair, vice chair, and secretary. Sets forth qualifications for temporary directors. SECTION 7. CONFIRMATION ELECTION. Requires the temporary board of directors to call and hold an election to confirm establishment of the district. Provides that Section 41.001(a), Election Code (Uniform Election Dates), does not apply to a confirmation election held as provided by this section. Sets forth election procedures for the creation of the district. SECTION 8. INITIAL DIRECTORS. Provides that the temporary directors become the initial directors of the district, if creation of the district is confirmed. Sets forth conditions regarding the temporary directors serving as initial directors. SECTION 9. BOARD OF DIRECTORS. Provides that the district is governed by a board of seven directors. Requires the board to select from its members a chair, vice chair, and secretary. Establishes qualifications and the process for filling a vacancy or upon expiration of a director's term or a vacancy in the office of director. Sets forth conditions of length of service for temporary, initial, and permanent directors. SECTION 10. LIMITATION ON TAXATION. Prohibits the district from imposing an ad valorem tax that exceeds the rate of two cents on each $100 valuation of taxable property in the district. SECTION 11. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. Sets forth findings related to procedural requirements. SECTION 12. Emergency clause. Effective date: upon passage. EXPLANATION OF AMENDMENTS Committee Amendment No. 1. Renames the proposed Victoria County Groundwater Conservation District as the Crossroads Groundwater Conservation District. Provides that this Act expires if the district is not confirmed before the second, rather than fourth, anniversary of the Act's effective date.