SRC-TAG H.B. 3567 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 3567
78R11344 SGA-DBy: Cook, Robby (Ambrister)
Natural Resources
5/21/2003
Engrossed


DIGEST AND PURPOSE 

The Coastal Bend Groundwater Conservation District was created and
confirmed by the voters of Wharton County in 2001 to manage the
groundwater resources of Wharton County.  Neighbors in adjoining counties
have approached the Coastal Bend Groundwater Conservation District about
adding territory to the Coastal Bend District.   The board members of
Coastal Bend are elected along the county precincts lines in Wharton
County.  If territory is added, the board wants to have a mechanism to
offer equal representation for the newly added area.  H.B. 3567 provides
the district with a more equitable method of electing directors.  

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 Chapter 1294, Acts of the 77th Legislature, Regular
Session, 2001, by adding Sections 7A and 9A, as follows: 
 
Sec. 7A.  ADDITION OF DIRECTORS IF DISTRICT ANNEXES TERRITORY.
Authorizes the board of directors of the district (board) by resolution to
add one or more directors as provided by Section 36.051 (Board of
Directors), Water Code,  if the district annexes territory,
notwithstanding Section 7(a) of this Act. 

Sec. 9A.  METHOD OF ELECTING DIRECTORS IF DISTRICT ANNEXES TERRITORY.  (a)
Requires the board, if the district annexes territory, notwithstanding
Sections 9 and 11 of this Act, by resolution to adopt an appropriate and
equitable method for electing directors for the district that supersedes
the method of electing directors under Sections 9 and 11 of this Act;
drawing voting district boundaries if required by the method adopted; and
maintaining staggered terms for the directors. 

(b)  Authorizes the board, if the board votes to add a director to
represent annexed territory under Section 7A of this Act, at an election
to ratify annexation under Section 36.328 (Election to Ratify Annexation
of Land), Water Code, to include on the ballot the names of candidates for
director to represent the annexed territory on the board. Provides that a
director elected under this subsection serves until an election is held
under Subsection (c) of this section. 

(c)  Provides that a method of electing directors adopted under Subsection
(a) of this section applies beginning with the election held on the first
date provided by Section 11 of this Act that occurs after the date the
annexation of the territory is final and that allows sufficient time to
comply with any requirements of law. 
 
(d)  Specifies that the method of electing directors provided by Sections
9 and 11 of  this Act applies until an election is held under Subsection
(c) of this section. 

(e)  Requires a person to be  a registered voter of the district and meet
the requirements stated in a resolution adopted under Subsection (a) of
this section, in order to be eligible to be a candidate for or to serve as
a director of the district under this section.  

(f)  Authorizes the board to revise voting districts as necessary or
appropriate. Requires the board, if the board adopts a method for electing
directors based on voting districts, to revise each voting  district after
each federal decennial census to reflect population changes.  Provides
that, when the boundaries of the districts are redrawn, a director in
office on the effective date of the change, or elected or appointed before
the effective date of the change to a term of office beginning on or after
the effective date of the change, shall serve the term or the remainder of
the term in the district to which elected or appointed even though the
change in boundaries places the person's residence outside the district
for which the person was elected or appointed. 

SECTION 2.  Effective date:  September 1, 2003.