H.B. 1065 78(R)    BILL ANALYSIS


H.B. 1065
By: Cook, Robby
Natural Resources
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Section 36.051, Texas Water Code, specifically 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.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

Amend Section 36.051, Texas Water Code, to clearly state that the common
law doctrine of incompatibility does not apply to districts with a
population of less than 50,000. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.