SRC-SEW H.B. 2005 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2005
By: Corte (Wentworth)
Natural Resources
5/6/2001
Engrossed


DIGEST 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. In 1990, the Texas Natural Resource Conservation
Commission designated the Trinity Aquifer, including areas in Bexar County,
as a Priority Groundwater Management Area to address the critical or future
critical water shortage in the area. H.B. 2005 creates the Trinity Glen
Rose Groundwater Conservation District, subject to voter approval at a
confirmation election, in Bexar County.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  CREATION.  Creates the Trinity Glen Rose Groundwater
Conservation District (district), subject to approval at a confirmation
election under Section 9 of this Act, and provides that the district is a
governmental agency and a body politic and corporate.  Provides that the
district is created under and is essential to accomplish the purposes of
Section 59, Article XVI, Texas Constitution.  Provides that the purpose of
the district is to develop and implement regulatory, conservation, and
recharge programs that preserve and protect the underground water resources
located within the district.  
 
SECTION 2.  DEFINITIONS.  Defines "board," "district," and "commission."  
 
SECTION 3.  BOUNDARY.  Sets forth the boundaries of the district.

SECTION 4.  FINDING OF BENEFIT.  Provides findings of benefit.  
 
SECTION 5.  POWERS.  Sets forth guidelines regarding the rights, powers,
privileges, authority, functions, and duties of the district.   
 
SECTION 6.  METHOD OF ELECTING DIRECTORS: SINGLE-MEMBER DISTRICTS.  Sets
forth guidelines regarding the election of directors of the district.  
 
SECTION 7.  BOARD OF DIRECTORS.  Sets forth guidelines regarding the board
of directors (board) of this district.  
 
SECTION 8.  TEMPORARY DIRECTORS.  Sets forth guidelines regarding temporary
directors.  

SECTION 9.  CONFIRMATION AND INITIAL DIRECTORS' ELECTION.  Sets forth
guidelines regarding the confirmation and initial director's election. 
 
 SECTION 10.  INITIAL DIRECTORS.  Requires the initial directors, if
creation of the district is confirmed under Section 9 of this Act, to draw
lots to determine which two initial directors serve two-year terms and
which three initial directors serve four-year terms.  
 
SECTION 11.  SERVICE OF DIRECTORS.  Sets forth guidelines regarding the
service of directors. 

SECTION 12.  ELECTION OF PERMANENT DIRECTORS.  Sets forth guidelines
regarding the election of permanent directors.  
 
SECTION 13.  DISTRICT FINANCES.  Sets forth guidelines regarding district
finances.  
 
SECTION 14.  ADDITIONAL REGULATORY AUTHORITY.  Sets forth guidelines
regarding the district's additional regulatory authority.  

SECTION 15.  PROHIBITED ACTS.  Prohibits the district from performing
certain functions.   

SECTION 16.  PUBLIC WATER SUPPLY WELLS.  Sets forth guidelines regarding
public water supply wells in the district.  
 
SECTION 17. EXEMPTION FOR MUNICIPAL SUPPLIER OR CONSUMER OF WATER FROM
SOURCE OTHER THAN TRINITY AQUIFER.  Prohibits the district from imposing
certain fees or taxes.  
 
SECTION 18.  BONDS.  Prohibits the district from issuing bonds before
September 1, 2004. 
 
SECTION 19.  MUNICIPALITY'S OPTION TO CHOOSE DISTRICT.  Sets forth
guidelines regarding certain municipalities' option to choose the
groundwater conservation district of which to will be a part.  
 
SECTION 20.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.  Provides
findings relating to procedural requirements.   
 
SECTION 21.  EFFECTIVE DATE.  Effective date: upon passage or September 1,
2001.