HBA-LJP C.S.H.B. 3543 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3543
By: Hilderbran
Natural Resources
4/10/2001
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.  The Headwaters Underground Water Conservation
District was created by the Texas Legislature in 1991 to oversee the
groundwater issues in Kerr County.  C.S.H.B. 3543 renames the Headwaters
Underground Water Conservation District as the Headwaters Groundwater
Conservation District (district) and provides for other modifications to
conform the district with other groundwater districts. 

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. 3543 amends law to modify the name of the Headwaters Underground
Water Conservation 
District to the Headwaters Groundwater Conservation District (district).
The bill authorizes, rather than requires, the district to contract with
Kerr County or certain river authorities for services available from the
county or river authority. 

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

The bill sets forth provisions regarding the implementation of this Act.

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3543 modifies the original to remove provisions regarding the
authorization of the Headwaters Groundwater Conservation District
(district) to charge a production fee for water transported out of the
district and the requirement of the attorney general to represent the
district in a state court or any court of the United States.  The
substitute restores current law which prohibits the district from selling,
donating, leasing, or otherwise granting rights to underground water
located in the district.  The substitute provides that to be eligible to
serve on the board of directors of the district, a person must have been a
resident of the district for at least one year before the date the person
takes office as a director.