SRC-TJG H.B. 2300 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2300
78R4759 QS-DBy: Gallego (Madla)
Natural Resources
5/10/2003
Engrossed


DIGEST AND PURPOSE 

The Jeff Davis County Underground Water Conservation District (district)
was created in 1993. The district has been regulated by the Texas Water
Code since its creation and would like to be exempt from Section 36.121 of
the Texas Water Code, which imposes limitations on the rulemaking power of
districts in certain counties.  The district has a spacing rule on all new
wells which it cannot enforce due to the provision and a production limit
on all wells that make over 25,000 gallons per day which also cannot be
enforced.  Further, the district has the power to set production fees and
transportation fees, but Section 36.121 only allows it to impose those
fees on certain users. The district would like to be exempt from 36.121 in
order to be better able to provide for the conservation, preservation,
protection, and recharging of groundwater.  H.B. 2300 provides that
Section 36.121, Water Code, does not apply to the district. 

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 5, Chapter 641, Acts of the 73rd Legislature,
Regular Session, 1993, by adding Subsection (c) to provide that Section
36.121 (Limitation on Rulemaking Power of Districts Over Wells in Certain
Counties), Water Code, does not apply to the Jeff Davis County Underground
Water Conservation District. 

SECTION 2.  Effective date: September 1, 2003.