BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 1996

                                                                                                                          By: Hunter (Duncan)

                                                                                                                               Natural Resources

                                                                                                                                            5/18/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Under current law, the Wes-Tex Groundwater Conservation District (district), located entirely in Nolan County, must re-elect all eight of its directors each time the county commissioners precincts are redrawn because the directors are also elected by the designated precincts.

 

H.B. 1996 allows the current directs of the district to remain in their positions after a redrawing of the precinct boundaries until the end of their terms.  It also allows for the election of the directors to occur at the same time as the county commissioner's elections in November of even-numbered years.

 

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 9(e), Chapter 1473, Acts of the 77th Legislature, Regular Session, 2001, as follows:

 

(e)  Requires 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 or office beginning on or after the effective date of the change, when the boundaries of the county commissioners precincts are redrawn under Section 18, Article V, Texas Constitution, to serve the term or the remainder of the term in the precinct to which elected or appointed even though the change in boundaries places the person's residence outside the precinct for which the person was elected or appointed.  Deletes existing text requiring new directors to be elected to represent the redrawn districts for the Wes-Tex Groundwater Conservation District (district) at the first election after the change.

 

SECTION 2.  Amends Chapter 1473, Acts of the 77th Legislature, Regular Session, 2001, by amending Section 11 and adding Section 11A, as follows:

 

Sec. 11.  ELECTION OF DIRECTORS.  Requires the appropriate number of directors to be elected on the uniform election date prescribed by Section 41.001 (Uniform Election Dates), Election Code, in November or each even-numbered year.  Deletes existing text regarding the election dates for specific directors.

 

Sec. 11A.  ELECTION OF DIRECTORS IN 2006 AND 2008.  (a)  Requires an election to be held in the district for the election of the directors from Precincts 2 and 4 to serve four-year terms expiring December 1, 2010, on the uniform date prescribed by Section 41.001, Election Code.

 

(b)  Requires an election to be held in the district for the election of the at-large director and the directors from Precincts 1 and 3 to serve four-year terms expiring December 1, 2012, on the uniform election date prescribed by Section 41.001, Election Code.

 

SECTION 3.  Provides that the terms of the district directors elected from Precincts 2 and 4 and serving on the effective date of this Act expire December 1, 2006.  Provides that the term of the district director elected from the district at large and the terms of the directors elected from Precincts 1 and 3 who are serving on the effective date of this Act expire December 1, 2008.

 

SECTION 4.  Effective date: upon passage or September 1, 2005.