SRC-SEW H.B. 3640 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3640
By: Uher (Armbrister)
Natural Resources
5/6/2001
Engrossed


DIGEST 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. H.B. 3640 creates the Coastal Plains Groundwater
Conservation District, subject to approval at a confirmation election, to
manage Matagorda 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.  CREATION.  Creates the Coastal Plains Groundwater Conservation
District (district), subject to approval at a confirmation election under
Section 10 of this Act.  Provides that the district is a governmental
agency and a body politic and corporate.  Provides that the district is
created under and is essential to accomplish the purposes of Section 59,
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 Matagorda County, Texas. 
 
SECTION 4.  FINDING OF BENEFIT.  Provides findings of benefit. 

SECTION 5.  POWERS.  Sets forth guidelines regarding the district's rights,
powers, privileges, authority, functions, and duties. 

SECTION 6.  REGIONAL COOPERATION.  Requires the district to perform certain
functions in order to provide for uniformity across districts in addressing
the need to achieve a common approach to managing the underlying aquifer
and to ensure that administration of the district will be cost effective. 

SECTION 7.  BOARD OF DIRECTORS.  Sets forth guidelines regarding the
district's board of directors, including temporary, initial, and permanent
directors, terms, and vacancies on the board.  

SECTION 8.  TEMPORARY DIRECTORS.  Sets forth guidelines regarding the
temporary board of directors.  

SECTION 9.  METHOD OF ELECTING DIRECTORS.  Sets forth guidelines regarding
the district's method of electing directors.  
 
SECTION 10.  CONFIRMATION AND INITIAL DIRECTORS' ELECTION.  Sets forth
guidelines regarding a confirmation and initial directors' election. 
  
SECTION 11.  ELECTION OF PERMANENT DIRECTORS.  Sets forth guidelines
regarding the election of permanent directors.  

SECTION 12.  DISTRICT REVENUES.  Authorizes the district to perform certain
functions in order to pay the maintenance and operating costs of the
district and to pay any bonds issued by the district. 

SECTION 13.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.  Sets forth
findings related to procedural requirements.  

SECTION 14.  EFFECTIVE DATE; EXPIRATION DATE.  (a) Effective date: upon
passage or September 1, 2001. 
 
(b)  Provides that if the creation of the district is not confirmed by a
confirmation election held under Section 10 of this Act before the fifth
anniversary of the effective date of this Act, this Act expires on that
date.