SRC-JEC H.B. 1065 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1065
78R5352 RCJ-FBy: Cook, Robby (Averitt)
Natural Resources
4/6/2003
Engrossed


DIGEST AND PURPOSE 

Current law prohibits a director of a groundwater conservation district
from serving on the governing body of another political subdivision.
However, in order to assist smaller districts in finding qualified board
members, language was included in the section stating that the prohibition
does not apply to districts with a population less than 50,000.  Based on
this exception, many small districts have board members who also serve on
the governing body of other political subdivisions such as counties,
municipalities, and school districts.   

Despite this, a number of recent Texas Attorney General's opinions have
reviewed this situation in light of the common law doctrine of
incompatibility and have determined that directors of smaller districts
may not serve on other political subdivisions if it violates the doctrine
of incompatibility.  The attorney general normally interprets the doctrine
of incompatibility very broadly and, in recent opinions, has determined
that service as a county commissioner or a school district board member is
incompatible with service as a groundwater district board member. H.B.
1065 specifies that the common law doctrine of incompatibility does not
apply to a water district directorship and a political subdivision officer
or employee in a district with a population of less than 50,000. 

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 Section 36.051, Water Code, by adding Subsection (d),
to provide that, in a district with a population of less than 50,000, the
common law doctrine of incompatibility does not disqualify an officer or
employee of a political subdivision from serving as a director of the
district, or a director of the district from serving as a director,
officer, or employee of a political subdivision. 
          
SECTION 2.  Effective date:  upon passage or September 1, 2003.