C.S.H.B. 1203 78(R)    BILL ANALYSIS


C.S.H.B. 1203
By: Cook, Robby
Natural Resources
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The legislature has vested the responsibility for managing groundwater
resources with the citizens who rely on those resources through
locally-controlled groundwater conservation districts (districts). Current
law requires districts to use the groundwater availability modeling
information provided or approved by the Texas Water Development Board
(TWDB). However, districts possess groundwater availability modeling (GAM)
capabilities, population and water demand projections and other data that
they use to model various management scenarios in order to make policy
decisions regarding the future condition of the aquifer. In many cases
local districts have better or additional information that more accurately
depicts the conditions of the aquifer. Therefore, locally-elected or
appointed board members should control the tools with which local policy
decisions are made.  


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

C.S.H.B. 1203 amends 36.1071, Water Code, by adding subsection (i) which
adds language allowing districts to provide district data in addition to
the use of TWDB GAMs and GAM input (eg. population and water demand
projections) information. The bill also requires a district to provide
TWDB any site-specific information they plan to use 60 days prior to
adoption of the management plan.  It also requires the executive
administrator to provide comments to the district in a timely manner so
that the comments are available for consideration at a public hearing.
Additionally, it allows the district to revise the plan accordingly before
it is adopted.  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.  
COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1203 modifies the original bill by adding language requiring a
district to provide TWDB any site-specific information they plan to use 60
days prior to adoption of the management plan.  It also requires the
executive administrator to  provide comments to the district in a timely
manner so that the comments are available for consideration at a public
hearing.  Additionally, it allows the district to revise the plan
accordingly before it is adopted.  The effect of C.S.H.B. 1203 is to have
any site-specific information presented to TWDB before it is used and to
allow TWDB to comment on the information before it is adopted as part of
the district's management plan.