HBA-LJP H.B. 787 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 787 By: Gallego Natural Resources 7/19/2001 Enrolled BACKGROUND AND PURPOSE Texas faces a difficult challenge to develop water policies that serve both state and regional interests. The Texas Constitution authorizes the creation of groundwater conservation districts to plan, develop, and regulate the use of water. House Bill 787 creates the Brewster County Groundwater Conservation District, subject to approval at a confirmation election, to manage Brewster County's groundwater resources. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 787 creates the Brewster County Groundwater Conservation District (district), subject to voter approval at a confirmation election. The bill provides that the district is governed by a board of seven directors and sets forth provisions regarding the composition and administration of the board and the appointment, qualifications, and terms of the directors. The bill provides that the board is composed of: _three members who represent the cities, towns, or population centers; _three members who represent the rural part of Brewster County; and _one member who represents Brewster County at large. The bill sets forth provisions regarding an election to confirm the establishment of the district. The district has the power to limit and to impose fees on the transfer of groundwater out of the district and requires that the district consider certain factors in determining a fee or limitation on the transfer. The bill prohibits the district from exercising the power of eminent domain and a representative of the district from entering private property without the permission of the land owner except to inspect a permitted well and to ensure compliance with district rules. The board is authorized to change the name of the district by resolution if the district annexes territory. EFFECTIVE DATE June 16, 2001.