SRC-JJJ S.B. 1826 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1826
76R3216 SKT-DBy: Wentworth
Natural Resources
4/15/1999
As Filed


DIGEST 

Blanco County is primarily composed of ranching interests that rely on
limited groundwater supply for domestic livestock use.  Due to population
growth in the area a strain has been put on the current water supply;
therefore, future growth could render some wells unusable in times of
drought.  S.B. 1826 would establish the creation, administration, powers,
duties, operation, and financing of the Blanco County Groundwater
Conservation District.  

PURPOSE

As proposed, S.B. 1826 establishes the creation, administration, powers,
duties, operation, and financing of the Blanco County Groundwater
Conservation District.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  CREATION.  Creates the Blanco County Groundwater Conservation
District (district) in Blanco County, subject to approval at a confirmation
election.  Provides that the district is a governmental agency and a body
politic and corporate.  Establishes that the district is created under and
is essential to accomplish the purposes of Section 59, Article XVI, Texas
Constitution. 

SECTION 2.  DEFINITIONS.  Defines "district."  

SECTION 3.  BOUNDARIES.  Establishes the boundaries of the district are
coextensive with the boundaries of Blanco County. 

SECTION 4.  FINDING OF BENEFIT.  Sets forth findings of benefit for all of
the land and property within the district's boundaries. 

SECTION 5.  POWERS.  Sets forth rights, powers, privileges, authority,
functions, and duties of the district. 

SECTION 6.  ELECTION OF DIRECTORS.  Requires the directors of the district
to be elected according to the commissioners precinct method.  Sets forth
the process regarding the method by which directors are elected. 

SECTION 7.  BOARD OF DIRECTORS.  Provides that the district is governed by
a board of five directors.  Establishes qualifications and the process for
filling a vacancy in the office of director. 

SECTION 8.  TEMPORARY DIRECTORS.  Sets forth the individuals composing the
temporary board of directors.  Establishes the method for appointing a
temporary director, if a current temporary member has not qualified.   

SECTION 9.  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, does not apply
to a confirmation election held as provided by this section.  Sets forth
conditions regarding an election for the creation of the district. 

SECTION 10.  INITIAL DIRECTORS. Requires the temporary directors to 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 11.  SERVICE OF DIRECTORS.  Sets forth conditions of length of
service for temporary, initial, and permanent directors.     

SECTION 12.  ELECTION OF PERMANENT DIRECTORS.  Requires an election to be
held in the district every two years to elect the appropriate number of
directors to the board, beginning in the second year after the year the
district is created. 
 
SECTION 13.  TAX RATE.  Prohibits the board of directors from levying and
collecting a maintenance tax that exceeds the rate approved in an election.
Authorizes the board to annually levy and collect a maintenance and
operating tax at a rate not to exceed 10 cents on each $100 of assessed
valuation.  

SECTION 14.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.  Sets forth
findings related to procedural requirements. 

SECTION 15.  Emergency clause.
                         Effective date: upon passage.