BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 3513

79R14783 HLT-F                                                                                              By: Luna (Hinojosa)

                                                                                                                               Natural Resources

                                                                                                                                            5/20/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

H.B. 3513 creates the Corpus Christi Aquifer Storage and Recovery District in Nueces, Kleberg, and San Patricio Counties, to develop and protect municipal aquifer storage areas created by the City of Corpus Christi.

 

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 Subtitle H, Title 6, Special District Local Laws Code, by adding Chapter 8811, as follows:

 

CHAPTER 8811.  CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT

 

SUBCHAPTER A.  GENERAL PROVISIONS

 

Sec. 8811.001.  DEFINITIONS.  Defines "board," "director," and "district."

           

Sec. 8811.002.  NATURE OF DISTRICT.  Provides that the Corpus Christi Aquifer Storage and Recovery Conservation District (district) is a conservation and reclamation district in Kleberg, Nueces, and San Patricio Counties created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.  Provides that the district is created to develop and protect municipal aquifer storage areas created by the City of Corpus Christi.

 

Sec. 8811.003.  CONFIRMATION ELECTION NOT REQUIRED.  Provides that an election to confirm the creation of the district is not required.

 

Sec. 8811.004.  INITIAL DISTRICT TERRITORY.  Sets forth initial boundaries of the district, coextensive with the city limits of the City of Corpus Christi and include certain other property.

           

Sec. 8811.005.  APPLICABILITY OF OTHER LAW.  Provides that except as otherwise provided by this chapter, Chapter 36 (Groundwater Conservation Districts), Water Code, applies to the district.

 

Sec. 8811.006.  CREATION OF GROUNDWATER CONSERVATION DISTRICTS IN SAN PATRICIO COUNTY.  (a)  Provides that this chapter does not preclude the creation of a groundwater conservation district in San Patricio County.

 

(b)  Prohibits a groundwater conservation district created in San Patricio County from limiting or restricting the district from recovering water stored by the district in a municipal aquifer storage area in the district, even if the municipal aquifer storage area is also located in the groundwater conservation district.

 

(c)  Provides that to the extent that the boundaries of the district and a groundwater conservation district in San Patricio County overlap, the power and authority of the two districts are joint and coextensive.

 

(d)  Provides that the district and land in the district are exempt from taxes and fees imposed by a groundwater conservation district created in San Patricio County.

 

[Reserves Sections 8811.007-8811.020 for expansion.]

 

SUBCHAPTER B.  BOARD OF DIRECTORS

 

Sec. 8811.021.  DIRECTORS; TERMS.  Provides that the district is governed by a board of five directors serving staggered four-year terms.  Sets forth length of terms for initial directors.

 

Sec. 8811.022.  APPOINTMENT OF DIRECTORS.  Requires the Corpus Christi City Council to appoint the directors.

 

Sec. 8811.023.  VACANCY.  Authorizes the board to appoint a director to serve the remainder of the term if a vacancy occurs.

 

Sec. 8811.024.  OFFICERS.  Requires the board to annually elect officers and be confirmed by the Corpus Christi City Council.

 

SECTION 2.  Provides that all requirements of the constitution and laws of this state and the rules procedures of the legislature with respect to the notice, introductions, and passage of this Act are fulfilled and accomplished.

 

SECTION 3.  Effective date: upon passage or September 1, 2005.