HBA-JRA H.B. 3831 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3831 By: Hawley Natural Resources 4/26/1999 Introduced BACKGROUND AND PURPOSE According to the Texas Natural Resource Conservation Commission, the preferred method of managing underground water supplies and reservoirs is through a local underground water conservation district. Refugio County has a substantial amount of underground water located within the Gulf Coast Aquifer and the commissioners court is concerned about the management, conservation, and preservation of those underground water supplies. H.B. 3831 authorizes the creation of the Refugio County Underground Water Conservation District upon voter approval. 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 Refugio Groundwater Conservation District, subject to approval at a confirmation election under Section 8 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 (Conservation and Development of Natural Resources; Conservation and Reclamation Districts), Article XVI, Texas Constitution. SECTION 2. DEFINITIONS. Defines "commissioners court" and "district." SECTION 3. BOUNDARIES. Provides that the boundaries of the district are coextensive with the boundaries of Refugio County. SECTION 4. FINDING OF BENEFIT. Sets forth findings of benefit. SECTION 5. POWERS. Provides that the district has all of 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. SECTION 6. BOARD OF DIRECTORS. Provides that the district is governed by a board of three directors appointed by the commissioners court of Refugio County. Sets forth the terms of the directors. SECTION 7. TEMPORARY DIRECTORS. Requires the commissioners court to appoint three temporary directors. Requires the commissioners court to appoint a person to fill the vacancy if a temporary director fails to qualify for office or if there is at any time a vacancy on the temporary board of directors. SECTION 8. 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) (Uniform Election Dates), Election Code, does not apply to a confirmation election. Provides that a confirmation election must be conducted as provided by Sections 36.017(b)-(h), Water Code, and the Election Code, except as provided by this section. SECTION 9. APPOINTMENT OF INITIAL AND PERMANENT DIRECTORS. Requires the commissioners court to appoint three persons to serve as initial directors if the district is created at the confirmation election held under Section 8 of this Act. Requires the three initial directors to draw lots to determine which director will serve a term expiring January 15 of the year following the first anniversary of the confirmation of the district at an election held under Section 8 and which two directors will serve terms expiring January 15 of the year following the third anniversary of the confirmation of the district. Requires the commissioners court to appoint a permanent director to serve a four-year term when the term of an initial director expires. SECTION 10. ADDITIONAL POWERS. Requires the district, by rule, to prohibit the sale of groundwater outside the district, except as provided by this section. Prohibits the district from prohibiting the sale of groundwater outside the district by the commissioners court. SECTION 11. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. Sets forth findings related to procedural requirements. SECTION 12. Provides that this Act expires on the second anniversary of the effective date of this Act if, before that date, the establishment of the district has not been confirmed at a confirmation election held under Section 8 of this Act. SECTION 13. EMERGENCY. Emergency clause. Effective date: upon passage.