SRC-SLL S.B. 1911 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1911
By: Brown
Natural Resources
5/13/1999
As Filed


DIGEST 

Since 1951, the Texas Legislature has passed legislation creating over
forty groundwater conservation districts.  During the 76th Legislative
session, bills have been filed seeking to create more than 20 new
groundwater conservation districts, many of them single-county districts.
Senate Bill 1 from the 75th Legislature established a framework for water
planning with an emphasis on local input and regional planning.  Work is
underway on the regional water plans that will comprise the next State
Water Plan.  Concerns have been raised that the myriad groundwater
districts proposed legislatively this session are based on political
instead of hydrologic boundaries and, therefore, may not be able to manage
the underlying aquifers consistent with the powers and duties of Chapter
36, Water Code (Groundwater Conservation Districts) or with the long-range
water management planning envisioned by Senate Bill 1.  S.B 1911 provides a
template for the creation, administration, powers, duties, operation, and
financing of groundwater districts that have been legislatively proposed
this session, and establishes that they may not adopt district management
plans until after September 1, 2001. 


PURPOSE

As proposed, S.B. 1911 sets forth provisions regarding the creation,
administration, powers, duties, operation, and financing of certain
groundwater conservation districts. 

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 certain groundwater conservation districts.

SECTION 2.  BOUNDARIES.  Sets forth the legal boundaries of certain
groundwater conservation districts. 

SECTION 3.  DEFINITION.  Defines "district."

SECTION 4.  FINDING OF BENEFIT.  Sets forth a statement of finding of
benefit. 

SECTION 5.  AUTHORITY OF TEMPORARY DIRECTORS.  Sets forth the authority of
the temporary directors of a groundwater conservation district created
under SECTION 1 of this Act (district). 

SECTION 6.  MORATORIUM ON ADOPTION OF LONG-TERM MANAGEMENT PLANS. Sets
forth provisions regarding a moratorium on the adoption of long-term
management plans. 

SECTION 7.  INITIAL BOARD OF DIRECTORS.  Prohibits the initial directors
from being elected until after September 1, 2001. 

SECTION 8.  TEMPORARY DIRECTORS.  Sets forth provisions regarding the
temporary directors of a district. 
 
SECTION 9.  ORGANIZATIONAL MEETING.  Sets forth provisions regarding an
organizational meeting. 

SECTION 10.  CONFIRMATION AND INITIAL DIRECTORS' ELECTION.  Sets forth
provisions regarding confirmation and initial directors election. 

SECTION 11.  ELECTION OF PERMANENT DIRECTORS.  Sets forth provisions
regarding the election of permanent directors. 

SECTION 12.  FEES.  Authorizes the temporary, initial, or permanent
directors of the district, by rule, to impose certain reasonable fees.
Sets forth provisions regarding fees charged by the district. 

SECTION 13.  ELECTIONS.  Prohibits the temporary directors of a district,
prior to September 1, 2000, from holding an election for the imposition of
a tax. 

SECTION 14.  MODIFICATION OF THE DISTRICT.  Sets forth provisions for
modification of a district. 

SECTION 15.  STATUTORY INTERPRETATION.  Provides that, except as otherwise
provided by this Act and Chapter 36, Water Code, this Act controls. 

SECTION 16.  RATIFICATION OF DISTRICT CREATION.  Sets forth provisions
regarding ratification of the creation of a district. 

SECTION 17.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.  Sets forth
findings related to procedural requirements. 

SECTION 18.  EFFECTIVE DATE.  Effective date: September 1, 1999.

SECTION 19.  EMERGENCY.  Emergency clause.