SRC-JJJ S.B. 1852 76(R)    BILL ANALYSIS


Senate Research CenterS.B. 1852
76R5661 MI-FBy: Zaffirini
Natural Resources
4/14/1999
As Filed


DIGEST 

The Texas Natural Resources Conservation Commission (TNRCC) designated the
Hill Country Priority groundwater Management Area, which includes western
Comal County and surrounding counties, in 1990 due to concerns that the
Trinity Aquifer would not have the yield to meet the projected use and
demand.  To protect critical groundwater resources, TNRCC recommended
creation of groundwater management districts in counties served by the
Trinity Aquifer.  S.B. 1852 would establish the creation of the Comal
County Groundwater Management District.  

PURPOSE

As proposed, S.B. 1852 establishes the creation of the Comal County
Groundwater Management 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 Comal County Groundwater Management
District (district) 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, XVI, Texas Constitution. 

SECTION 2.  DEFINITIONS.  Defines "district."  

SECTION 3.  BOUNDARIES.  Establishes that the boundaries of the district
are coextensive with that part of Comal County located within the Hill
Country Priority Groundwater Management area. 

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.  BOARD OF DIRECTORS.  Provides that the district is governed by
a board of five directors. Requires the commissioners court to appoint a
director to serve the remainder of the term, if a vacancy occurs in the
office of director.  Establishes that the temporary directors are appointed
and become the initial directors of the district, if creation of the
district is confirmed.  Sets forth conditions regarding the directors
qualifications and term lengths. 

SECTION 7.  TEMPORARY DIRECTORS.  Establishes the method for the
appointment of a temporary director by the Comal County Commissioners
Court. 

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), 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 9.  ELECTION OF DIRECTORS.  Sets forth the method of election and
length of term for the directors. 

SECTION 10.  ADDITIONAL POWERS.  Authorizes the district to contract with
one or more state agencies or other governmental bodies to carry out any
function of the district.  Sets forth conditions for engagement in and
promotion of land treatment measures for soil conservation and improvement.
Authorizes the district to prepare and implement a plan for the control and
management of brush within the district. 

SECTION 11.  PROHIBITED ACTS.  Prohibits the district from granting certain
rights in or to underground water located in the district.  Prohibits the
district from assessing an ad valorem property tax that exceeds three cents
on each $100 valuation of taxable property in the district. Prohibits the
district from requiring the owner of a well drilled before the effective
date and used solely for domestic and livestock purposes to install a meter
device on the well.  

SECTION 12.  EXEMPT WELLS.  Sets forth provisions regarding wells that are
and wells that qualify.     

SECTION 13.  PUBLIC WATER SUPPLY WELLS.  Sets forth certain conditions
regarding public water supplies that are exempt from regulation by the
district.  Provides that a public water supply well is subject to the
district's prohibition of waste of underground water.  Establishes that a
district construction or operating permit is not required for a public
water supply well approved by the commission.  Sets forth requirements for
any fee paid by a retail public utility to the district. 
        
SECTION 14.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.  Sets forth
findings related to procedural requirements. 

SECTION 15.  EFFECTIVE DATE.  Effective date: September 1, 1999.

SECTION 16.  EMERGENCY.  Emergency clause.