BILL ANALYSIS

 

 

Senate Research Center                                                                                                          S.B. 56

79S10390 HLT-F                                                                                                            By: Duncan

                                                                                                               Intergovernmental Relations

                                                                                                                                              7/5/2005

                                                                                                                                              As Filed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

The Act creating the Salt Fork Water Quality District (district) was originally passed by the 76th Legislature, Regular Session, 1999, and amended by the 77th Legislature, Regular Session, 2001.  The main purposes were to improve, preserve, and protect the quality of water of the Salt Fork and Brazos River and its tributaries.  This Act, however, only covered Stonewall County.

 

In 2005, the Economic Development Administration of the United States Department of Commerce awarded a long-awaited grant to study a three-county project to control and remove highly-concentrated salt water.  The three affected counties, Stonewall, Kent, and Garza, are supporting the project.

 

S.B. 56 amends prior legislation to enable the district to undertake the project on behalf of all three counties, by enlarging the district to include all three counties. 

 

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 3, Chapter 1139, Acts of the 76th Legislature, Regular Session, 1999, to provide that the boundaries of the Salt Fork Water Quality District (district) are coextensive with the boundaries of Stonewall, Kent, and Garza counties.

 

SECTION 2.  Amends Section 6(c), Chapter 1139, Acts of the 76th Legislature, Regular Session, 1999, to authorize the district to take certain actions, in addition to the rights, privileges, powers, and duties provided by the general laws of this state.

 

SECTION 3.  Amends Section 7, Chapter 1139, Acts of the 76th Legislature, Regular Session, 1999, as follows:

 

Sec. 7.  BOARD OF DIRECTORS.  (a)  Provides that the district is governed by a board of three, rather than five, directors.  Requires the director for position one to be appointed by the Commissioners Court of Stonewall County, the director for position two to be appointed by the Commissioners Court of Kent County, and the director for position three to be appointed by the Commissioners Court of Garza County.

 

(b)  Requires a person to be a registered voter of the county that the commissioners court making the appointment represents to be eligible to serve as a director.

 

(c)  Provides that directors serve two-year terms beginning on September 1 of odd-numbered years.  Authorizes the commissioners court to make an appointment on or after the 45th day before the date the term begins.  Requires the commissioners court that makes the appointment for that position under Subsection (a), if a vacancy occurs on the board of directors, to appoint a director to serve the remainder of that term.  Deletes existing text relating to the appointment of directors by the commissioners court.

 

(d)  Requires each director to qualify to serve as director in the manner provided by Section 49.055, Water Code, except that a bond is not required.

 

(e)  Makes no changes to this subsection.  Deletes existing Subsection (f) requiring a person to be a registered voter in Stonewall County to be eligible to serve as a director.

 

SECTION 4.  Requires the Commissioners Courts of Stonewall, Kent, and Garza counties to appoint initial directors under Section 7, Chapter 1139, Acts of the 76th Legislature, Regular Session, 1999, as amended by this Act, as soon as practicable after the effective date of this Act.  Requires initial directors to serve until September 1, 2007, or until a successor has been appointed and qualified.

 

SECTION 5.  Effective date: upon passage or the 91st day after adjournment.