SRC-MKV H.B. 2529 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2529
77R5007 SGA-FBy: Junell (Fraser)
Natural Resources
5/6/2001
Engrossed


DIGEST AND PURPOSE 

Texas faces a difficult challenge in developing water policies that serve
state and regional interests. The Texas Constitution authorizes the
creation of groundwater conservation districts to plan, develop, and
regulate the use of water. H.B. 2529 ratifies the creation of the Lone Wolf
Groundwater Conservation District, subject to approval at a confirmation
election, to manage Mitchell County's groundwater resources.  

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.  RATIFICATION OF CREATION.  Ratifies the creation by Chapter
1331, Acts of the 76th Legislature, Regular Session, 1999 (Senate Bill No.
1911), of the Lone Wolf Groundwater Conservation District in Mitchell
County as required by Section 15(a) of that Act, subject to approval at a
confirmation election under Section 7 of this Act. 
 
SECTION 2.  DEFINITION.  Provides that in this Act, "district" means the
Lone Wolf Groundwater Conservation District. 
 
SECTION 3.  GENERAL POWERS. (a)  Provides that the district has all of the
rights, powers, privileges, authority, functions, and duties provided by
the general law of this state, including Chapter 36 (Groundwater
Conservation Districts), Water Code, applicable to groundwater conservation
districts created under Section 59, Article XVI, Texas Constitution.
Provides that this Act prevails over any provision of general law that is
in conflict or inconsistent with this Act, including any provision of
Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999 (Senate
Bill No. 1911). 

(b)  Provides that notwithstanding Subsection (a), the following provisions
prevail over a conflicting or inconsistent provision of this Act: 
  (1)  Sections 36.1071-36.108, Water Code;
  (2)  Sections 36.159-36.161, Water Code; and
  (3)  Subchapter I, Chapter 36, Water Code.
 
SECTION 4.  BOARD OF DIRECTORS. (a)  Provides that the district is governed
by a board of five directors. 

(b)  Provides that temporary directors serve until initial directors are
elected under Section 7 of this Act. 

(c)  Provides that initial directors serve until permanent directors are
elected under Section 8 of this Act. 

  (d)  Provides that permanent directors serve staggered four-year terms.

(e)  Requires each director to qualify to serve as director in the manner
provided by Section 36.055 (Sworn Statement, Bond, and Oath of Office),
Water Code. 

 (f)  Provides that a director serves until the director's successor has
qualified. 

SECTION 5.  COMPENSATION OF DIRECTORS.  Provides that a director is not
entitled to fees of office, but is entitled to reimbursement of actual
expenses reasonably and necessarily incurred while engaging in activities
on behalf of the district. 
 
SECTION 6.  METHOD OF ELECTING DIRECTORS:  COMMISSIONERS PRECINCTS. (a)
Requires the directors of the district to be elected according to the
commissioners precincts method as provided by this section. 

(b)  Requires one director to be elected by the voters of the entire
district, and one director to be elected from each county commissioners
precinct by the voters of that precinct. 

(c)  Requires that to be eligible to be a candidate for or to serve as
director at large, a person be a registered voter in the district.
Requires that to be eligible to be a candidate for or to serve as director
from a county commissioners precinct, a person be a registered voter of
that precinct. 

 (d)  Requires a person to indicate on the application for a place on the
ballot: 
  (1)  the precinct that the person seeks to represent; or
  (2)  that the person seeks to represent the district at large.

(e)  Requires that at the first election after the county commissioners
precincts are redrawn under Section 18, Article V, Texas Constitution, four
new directors be elected to represent the precincts.  Requires the
directors elected to draw lots to determine which two directors serve
two-year terms and which two directors serve four-year terms. 
 
SECTION 7.  CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a)  Requires the
temporary board of directors to call and hold an election to confirm
establishment of the district and to elect initial directors. 

(b)  Requires that at the confirmation and initial directors' election, the
temporary board of directors have placed on the ballot the name of any
candidate filing for an initial director's position and blank spaces to
write in the names of other persons.  Authorizes a temporary director who
is eligible to be a candidate under Section 6 of this Act to file for an
initial director's position. 

(c)  Provides that Section 41.001(a), Election Code, does not apply to a
confirmation and initial directors' election held as provided by this
section. 

(d)  Requires a confirmation and initial directors' election, except as
provided by this section, to be conducted as provided by Section
36.017(b)-(h), Water Code, and the Election Code. 
 
SECTION 8.  ELECTION OF DIRECTORS. (a)  Requires that on the first Saturday
in May of the first even-numbered year after the year in which the district
is authorized to  be created at a confirmation election, an election be
held in the district for the election of three directors to serve fouryear
terms and two directors to serve two-year terms. 

(b)  Requires the appropriate number of directors to be elected on the
first Saturday in May of each subsequent second year following the
election. 
  
SECTION 9.  LIMITATION ON TAXATION. Authorizes the district to levy
property taxes at a rate not to exceed 20 cents on each $100 of assessed
valuation to pay any part of the bonds or notes issued by the district if
the authority to impose property taxes under this Act is approved by a
majority of the voters voting at a confirmation election under Section 7 of
this Act or at a separate election called for that purpose by the board of
directors. 
 
SECTION 10.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.  Sets forth
provisions relating to findings related to procedural requirements. 

SECTION 11.  VALIDATION.  Provides that all past acts of the district are
validated and confirmed. 
 
SECTION 12.  APPLICABILITY.  Provides that Section 11 of this Act does not
apply to any matter that is the subject of litigation on the effective date
of this Act. 
 
SECTION 13.  EFFECTIVE DATE; EXPIRATION DATE. (a)  Effective date:
September 1, 2001. 

(b)  Provides that if the creation of the district is not confirmed at a
confirmation election held under Section 7 of this Act before September 1,
2003, this Act expires on that date.