SRC-TJG S.B. 776 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 776
78R5352 RCJ-FBy: Averitt
Natural Resources
4/1/2003
As Filed


DIGEST AND PURPOSE 

Current law 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 stating that the
prohibition does not apply to districts with a population of less than
50,000.  Based on this exemption, many small districts have board members
who also serve on the governing body of other political subdivisions.  As
proposed, S.B. 776 proposes to amend Section 36.051, 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. 

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),
as follows: 

(d) Provides 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.