SRC-SEW H.B. 2572 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2572
77R11285 QS-DBy: McReynolds (Staples)
Natural Resources
4/27/2001
Engrossed


DIGEST AND PURPOSE 

Texas faces a difficult challenge to develop 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. 2572 creates the Pineywoods Groundwater
Conservation District, subject to approval at a confirmation election, to
manage the groundwater resources of Angelina and Nacogdoches counties.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Pineywoods Groundwater
Conservation District (district) and to the board of directors of the
district in SECTION 5 of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1.  CREATION.  Creates the Pineywoods Groundwater Conservation
District (district), subject to approval at a confirmation election held
under Section 10 of this Act.  Provides that the district is a governmental
agency and body politic and corporate.  Provides that the district is
created under and is essential to accomplish the purposes of Section 59
(Conservation and Development of Natural Resources; Conservation and
Reclamation Districts), Article XVI, Texas Constitution. 

SECTION 2.  DEFINITION.  Defines "district." 
 
SECTION 3.  BOUNDARIES.  Provides that the boundaries of the district are
coextensive with the boundaries of Angelina and Nacogdoches counties. 
 
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, including
rulemaking authority awarded to the district and the board of directors of
the district. 

SECTION 6.  BOARD OF DIRECTORS.  Sets forth guidelines regarding the board
of directors of the district, including terms, qualifications for office,
vacancies on the board, compensation for members, and majority vote.   
 
SECTION 7.  APPOINTMENT OF DIRECTORS.  Sets forth guidelines regarding the
appointment of directors.   

SECTION 8.  ORGANIZATIONAL MEETING.  Requires a majority of the directors,
as soon as practicable after all the initial directors are appointed as
provided in this Act, to convene the organizational meeting of the district
at a location within the district agreeable to a majority of the directors
at which time the directors will take office.  Requires the meeting, if no
location can be agreed upon, to be at the Nacogdoches County Courthouse.  

 SECTION 9.  LANDOWNERS' RIGHTS.  Provides that the rights of landowners
and their lessees and assigns in groundwater within the district are
recognized.  Prohibits anything in this Act from being construed to deprive
or divest the owners or their lessees and assigns of their rights, subject
to district rules. 
 
SECTION 10.  CONFIRMATION ELECTION.  Sets forth guidelines regarding an
election to confirm the establishment of the district. 

SECTION 11.  ADDITION OF OTHER COUNTIES TO DISTRICT.  Sets forth guidelines
regarding the addition of other counties to the district.  

SECTION 12.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.  Provides
findings relating to procedural requirements.   

SECTION 13.  EFFECTIVE DATE.  Effective date: upon passage or September 1,
2001.