SRC-AXB S.B. 1848 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1848
76R5522  WP-DBy: Madla
Natural Resources
4/15/1999
As Filed


DIGEST 

Currently, in areas where groundwater sources are limited, water users
attempt to satisfy their water demands by finding areas where groundwater
sources remain unmanaged, in order to transfer water. Left unregulated,
water transfers can threaten domestic, municipal, and agricultural water
needs.  In West Texas, water resources are scarce, and the creation of
groundwater conservation districts can effectively plan, develop, and
regulate water use.  S.B. 1848 creates the Trans-Pecos Groundwater
Conservation District in Loving and Reeves counties and establishes the
district's administration, powers, duties, operation, and financing. 

PURPOSE

As proposed, S.B. 1848 creates the Trans-Pecos Groundwater Conservation
District in Loving and Reeves counties. 

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 Trans-Pecos Groundwater Conservation
District in Loving and Reeves  counties (district), and provides that the
district is a governmental agency, a body politic and corporate.  Specifies
that the district is essential to accomplish the purposes of Section 59,
Article XVI, Texas Constitution. 

SECTION 2.  DEFINITION.  Defines "district."

SECTION 3.  FINDING OF BENEFIT.  Provides that the district is created to
serve a public use and will benefit all the land and property within the
district's boundaries. 

SECTION 4.  POWERS.  Sets forth the rights, powers, privileges, authority,
functions, and duties of the district.  Provides that this Act prevails
over a conflict or inconsistency regarding provisions of general law, and
sets forth specific conditions of the Water Code in which this Act does not
prevail. 

SECTION 5.  BOARD OF DIRECTORS.  Provides that the district is governed by
a board of directors (board).  Provides for the election of an initial
board composed of five Loving County directors and five Reeves County
directors.  Requires the board to follow a certain procedure when adjusting
the number of directors to accommodate added territory.  Provides that
directors serve staggered four-year terms, authorizes them to serve
consecutive terms, and requires them to have certain qualifications.
Provides that a director serves until the successor has qualified.  Sets
forth provisions for filling a director vacancy.  Prohibits a director from
receiving compensation for service, but entitles a director to reasonable
incurred expenses. 

SECTION 6.  TEMPORARY DIRECTORS.  Requires the commissioners court for
Loving and Reeves counties to appoint temporary directors within a certain
deadline. 

SECTION 7.  ORGANIZATIONAL MEETING.  Requires the directors to hold the
organizational  district meeting and take office as soon as possible after
their appointments.  Requires the directors to hold the meeting at a
democratically selected location. 

SECTION 8.  CONFIRMATION AND INITIAL DIRECTORS' ELECTION.  Requires the
temporary board of directors to confirm the district's establishment and to
elect the initial directors. Sets forth requirements for the initial
directors' election, including candidate qualifications. Requires the
temporary board of directors to take certain actions if the district is
created at the election.  Requires the initial directors to draw lots to
determine term expiration schedules.  Limits the application of Section
41.001(a), Election Code, to exclude a confirmation and initial directors'
election under this section.  Requires the confirmation and initial
directors' election to be conducted as provided by Sections 36.017(b)-(h),
Water Code, and the Election Code.  Prescribes the expiration of this Act
on the fourth anniversary of this Act, under certain conditions. 

SECTION 9.  ELECTION OF PERMANENT DIRECTORS.  Requires a certain time frame
for the election of permanent directors. 

SECTION 10.  BOUNDARIES.  Provides that the boundaries of the district are
coextensive with the boundaries of counties whose voters approve the
groundwater conservation district. 

SECTION 11.  STATUTORY INTERPRETATION.  Provides that this Act prevails
over Chapter 36, Water Code, to the extent of a conflict. 

SECTION 12.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.  Sets forth the
provisions for official notice of the intention to introduce this Act.
Establishes that the Texas Natural Resource Conservation Commission has
filed its recommendations with certain authorities within the required
time.  Establishes that all requirements of the constitution 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.  Effective date:  September 1, 1999.

SECTION 14.  Emergency clause.