SRC-PNG S.B. 1829 76(R) BILL ANALYSIS
Senate Research Center S.B. 1829
76R5250 MDR-DBy: Zaffirini
Natural Resources
4/15/1999
As Filed
DIGEST
McMullen County is wholly dependent on the waters of the Carrizo-Wilcox and
Gulf Coast aquifers for its water supply. The Carrizo-Wilcox Aquifer,
which serves nearly three-fourths of the county, has experienced
significant water level declines, due in part to heavy irrigation use.
This bill would create the McMullen County Groundwater Conservation
District and authorize the issuance of bonds, the imposition of taxes, and
the use of the power of eminent domain by the district.
PURPOSE
As proposed, S.B. 1829 creates the McMullen County Groundwater Conservation
District and authorizes the issuance of bonds, the imposition of taxes, and
the use of the power of eminent domain by the 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 McMullen County Groundwater Conservation
District (district), subject to approval at a confirmation election under
SECTION 8. 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."
SECTION 3. BOUNDARIES. Establishes that the boundaries of the district are
coextensive with the boundaries of McMullen County.
SECTION 4. FINDING OF BENEFIT. Sets forth findings of the benefit of the
district for all of the land and property within the district's boundaries.
SECTION 5. POWERS. Sets forth the rights, powers, privileges, authority,
functions, and duties of the district. Provides that the rights, powers,
privileges, authority, functions, and duties of the district are subject to
the continuing right of supervision of the state to be exercised by and
through the Texas Natural Resource Conservation Commission.
SECTION 6. BOARD OF DIRECTORS. Provides that the district is governed by
a board of five directors. Requires one director to be elected by the
voters of the district at large, and one director to be elected from each
county commissioners precinct by the voters of that precinct. Provides
that temporary directors serve until initial directors are elected under
SECTION 8. Provides that initial directors serve until permanent directors
are elected under SECTION 9. Provides that permanent directors serve
staggered four-year terms. Requires each director to qualify to serve as
director in the manner provided by Section 36.055, Water Code. Provides
that a person is not eligible to serve as an initial or permanent director
unless the person owns land in the district. Provides that a director
serves until the director's successor has qualified.
SECTION 7. 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 8. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. Requires the
temporary board of directors to call and hold an election to confirm
establishment of the district and to elect initial directors. Requires the
temporary board of directors to place on the ballot at the confirmation and
initial directors' election the names of the persons serving as temporary
directors who intend to run for an initial director's position together
with the name of any candidate filing for an initial director's position
and blank spaces to write in the names of other persons. Sets forth
certain required actions of the temporary board of directors if the
district is created at the election. Provides that Section 41.001(a),
Election Code, does not apply to a confirmation election held as provided
by this section. Requires a confirmation and initial directors' election
to be conducted as provided by Sections 36.017(b)-(h), Water Code, and the
Election Code, except as provided by this section.
SECTION 9. ELECTION OF PERMANENT DIRECTORS. Requires an election to be
held on a certain date in the district for the election of directors from
county commissioners precincts one and three, each of whom shall serve a
two-year term, and directors from county commissioners precincts two and
four and the director at large, each of whom shall serve a four-year term.
Requires the appropriate number of directors to be elected to the board,
each of whom shall serve a four-year term, on the first Saturday in October
of each subsequent year following the election. Requires one new director
to be elected from each newly drawn precinct, after the county
commissioners precincts are redrawn under Section 18, Article V, Texas
Constitution.
SECTION 10. LIMITATION ON TAXATION. Prohibits the district from imposing
an ad valorem tax at a rate that exceeds five cents on the $100 valuation
of taxable property in the district.
SECTION 11. STATUTORY INTERPRETATION. Provides that if there is a
conflict between this Act and Chapter 36 or 49, Water Code, this Act
controls. Provides that if there is a conflict between Chapters 36 and 49,
Water Code, Chapter 36 controls.
SECTION 12. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. Sets forth
findings related to procedural requirements.
SECTION 13. Emergency clause.
Effective date: upon passage.