HBA-AMW C.S.H.B. 3243 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3243 By: Gallego Natural Resources 4/4/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Texas faces a difficult challenge in developing 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. 3243 creates the Kinney County Groundwater Conservation District, subject to approval at a confirmation election, to manage Kinney County's groundwater resources. 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. 3243 creates the Kinney County Groundwater Conservation District (district), subject to voter approval at a confirmation election (SECTION 1). The bill provides that the district is governed by a board of seven directors (board) and sets forth provisions regarding the composition, administration, and operation of the board, and the qualifications, terms, and method of electing the directors (SECTIONS 6-10). The bill sets forth provisions regarding an election to confirm the establishment of the district and to elect initial directors (SECTION 9). The bill authorizes the district to levy a property tax each year to pay the maintenance and operating expenses of the district, subject to approval at an election, at a rate not to exceed 10 cents on each $100 of assessed valuation. The district is also authorized to impose a fee on water exported out of the district (SECTION 11). The bill authorizes the district to exercise the power of eminent domain (SECTION 5). The bill authorizes the board to change the district's name when the district annexes territory (SECTION 12). EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3243 modifies the original bill by requiring the commissioners court to appoint a director to the board of directors (board) of the Kinney County Groundwater Conservation District (district) to fill a vacancy to serve until the next election for directors, rather than authorizing the commissioners court to appoint a director to serve the remainder of the term. The substitute adds new language to require a person elected to fill the position, if the position is not scheduled to be filled at the election, to serve only for the remainder of the unexpired term (SECTION 6). The substitute removes the stipulation in the original bill that provisions regarding a district's management plan, funding, and performance review and dissolution of a district prevail over a conflicting or inconsistent provision of the Act (SECTION 5). The substitute removes the provision in the original bill that authorized the district to assess user fees based on the amount of water withdrawn from a well (SECTION 11). The substitute adds new language to authorize the board of directors to change the district's name when the district annexes territory (SECTION 12).