SRC-MWN H.B. 3095 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3095
77R8213 SGA-DBy: Counts (Haywood)
Natural Resources
5/8/2001
Engrossed


DIGEST AND PURPOSE 

Stonewall County contains several tributaries, including the Salt Croton
Creek, which flow into the Salt Fork of the Brazos River and serve as major
contributors to the salt content of the Brazos River. The salt loads of the
creek come predominantly from seeps and springs in Stonewall and King
Counties. Further studies of the area are needed to provide recommendations
for various methods to control salt intrusion and improve water quality in
the area. The 76th Legislature in 1999 created the Salt Fork Water Quality
District to help address this problem. The district is not a taxing
authority, and its main purpose has been to provide for a governmental
entity that can oversee the implementation of some feasibility studies
regarding the salt content in local creeks.  

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. Amends Chapter 1139(7), Acts of the 76th Legislature, Regular
Session, 1999, by amending Subsections (a), (b), and (c) and adding
Subsection (f), as follows: 

(a)  Provides that the Salt Fork Water Quality District (district) is
governed by a board of five directors appointed by the commissioners court
of Stonewall County. 

(b)  Requires three of the initial directors to serve terms that expire on
September 1, 2003.  Requires two of the initial directors to serve terms
that expire on September 1, 2002. Deletes text regarding permanent
directors. 

(c)  Requires the commissioners court, at the expiration of a term, to
appoint a director to serve a term of two years. Requires the commissioners
court, if a vacancy occurs on the board of directors, to appoint a director
to serve the remainder of that term. Deletes text regarding permanent
directors. 

(f)  Requires a person, to be eligible to serve as a director, to be a
registered voter in Stonewall County. 

SECTION 2. Amends Chapter 1139(8), Acts of the 76th Legislature, Regular
Session, 1999, as follows: 

Sec. 8.  INTERGOVERNMENTAL AGREEMENTS. (a)  Authorizes the district to
enter into an agreement with a state agency,  political subdivision of the
state, or other governmental entity to carry out the purposes of the
district under terms and conditions to which the parties agree and for a
period not to exceed 40 years, subject to renewal and extension if the
parties agree. 
 
(b)  Provides that advertising, sealed bids, and similar procedures are not
required for  the intergovernmental agreements described in Subsection (a). 

(c)  Authorizes the agreements described in Subsection (a)  to provide for
an exchange of goods, services, or commodities, such as an exchange of
natural gas for salt, with or without cash payments, if the parties agree.
Deletes text regarding initial board of directors. 

SECTION 3. Repealer: Chapter 1139(9), Acts of the 76th Legislature, Regular
Session, 1999. 

SECTION 4. Provides that the term of office for any person serving as a
member of the board of directors for the Salt Fork Water Quality District
as of August 31, 2001, expires on September 1, 2001.  Requires the
commissioners court of Stonewall County, Texas, to appoint directors under
Chapter 1139(7), Acts of the 76th Legislature, Regular Session, 1999, as
amended by this Act, as soon as practicable after September 1, 2001. 

SECTION 5.  (a) Provides that the proper and legal notice of the intention
to introduce this Act, setting forth the general substance of this Act, has
been published as provided by law, and the notice and a copy of this Act
have been furnished to all persons, agencies, officials, or entities to
which they are required to be furnished by the constitution and other laws
of this state, including the governor, who has submitted the notice and Act
to the Texas Natural Resource Conservation Commission. 

(b)  Provides that the Texas Natural Resource Conservation Commission has
filed its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives within the
required time. 
 
(c)  Provides that all requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect to the
notice, introduction, and passage of this Act are fulfilled and
accomplished. 
 
SECTION 6. Effective date: September 1, 2001.