SRC-JJJ S.B. 1850 76(R)    BILL ANALYSIS


Senate Research CenterS.B. 1850
76R11341 WP-FBy: Armbrister
Natural Resources
4/14/1999
As Filed


DIGEST 

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 Victoria, which gets all of its water
from the aquifer, is depleting the aquifer so rapidly that the city itself
will start sinking in 20 years if the aquifer is not recharged.   To
protect current and future economic growth, ant to protect municipal,
agricultural, and industrial water users, the city and county of Victoria
have requested the formation of a groundwater conservation district.  S.B.
1850 would establish the creation, administration, powers, duties,
operation, and financing of the Victoria County Groundwater Conservation
District.  

PURPOSE

As proposed, S.B. 1850 establishes the creation, administration, powers,
duties, operation, and financing of Victoria 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 Victoria County Groundwater Conservation
District (district) in Victoria County, subject to approval at a
confirmation election.  Establishes that the district is created under and
is essential to accomplish the purposes of 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 for all of
the land and property within the district's boundaries. 

SECTION 4.  BOUNDARIES.  Establishes the boundaries of the district that
are coextensive with the boundaries of Victoria County. 

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

SECTION 6.  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 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, 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 8.  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 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 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 board of directors 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.  Emergency clause.
                                                     Effective date: upon
passage.