HBA-LJP C.S.H.B. 2046 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2046
By: Hawley
Natural Resources
4/3/2001
Committee Report (Substituted)



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. C.S.H.B. 2046 ratifies the creation of the
Refugio Groundwater Conservation District (district), subject to voter
approval at a confirmation election. 

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

C.S.H.B. 2046 ratifies the creation of the Refugio Groundwater Conservation
District (district), subject to voter approval at a confirmation election. 

The bill provides that the district is governed by a board of directors and
sets forth provisions regarding the administration of the board and the
election, qualifications, and terms of the directors. The bill provides
that the board is composed of five members, one from each of the county
commissioners precincts and one member from the entire district.  The bill
sets forth provisions regarding an election to confirm the establishment of
the district. 

The bill authorizes the district to impose fees for administrative acts of
the district, services provided outside the boundaries of the district, and
the production of water, including water produced for injection into a
geological formation for the recovery of oil or natural gas.  Production
fees may not exceed one dollar per acre foot for water used for agriculture
or ten dollars per acre foot per annum for water used for any other
purpose. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2046 modifies the original to authorize the Refugio Groundwater
Conservation District (district) to impose certain fees and set forth
provisions relating to those fees.  The substitute removes the requirement
of the district to prohibit the sale of groundwater outside the district as
well as prohibiting the district from forbidding the sale of groundwater
outside the district by Refugio County.