BILL ANALYSIS
By: Hopson
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Texas faces a difficult challenge to develop water policies that serve both state and regional interests. The Texas Constitution authorizes the creation of groundwater conservation districts to manage and conserve groundwater.
C.S.H.B. 1498 creates the Panola County Groundwater Conservation District, subject to approval at a confirmation election, to manage, monitor, and conserve Panola County's groundwater resources.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
Section 1: C.S.H.B. 1498 creates the Panola County Groundwater Conservation District (district) in Panola County, subject to voter approval at a confirmation election. The bill provides that the district is governed by a board of nine directors, sets forth provisions regarding the composition and administration of the board and the election, qualifications, terms of the directors, and the designation of temporary directors. In addition, C.S.H.B. 1498 prohibits the district from purchasing, selling, transporting, or distributing surface water or groundwater for any purpose and also prohibits the district’s use of eminent domain powers.
This legislation prohibits the district from levying or collecting an ad valorem tax at a rate that exceeds 1.5 cents on each $100 valuation of taxable property in the district. The bill limits the use as well as the amount of fees the district can impose and also limits indebtedness not to exceed $500,000 at any time. This legislation also sets forth provisions regarding an election to confirm establishment of the district.
Section 2: This section outlines the legal notice of the intention to introduce this Act. The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives.
Section 3: Effective Date: Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2007.
EFFECTIVE DATE
Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2007.
COMPARISON OF ORIGINAL TO SUBSTITUTE
Eliminates Sec. 8819.006, Special District Local Laws Code, entitled District Purpose. The purpose of this district is outlined in Sec. 8819.002, Special District Local Laws Code, and makes the eliminated text redundant. Substitute also eliminates Sec. 8819.105, Special District Local Laws Code, entitled Metering. Language in Sec. 8819.103, Special District Local Laws Code, makes the eliminated text unnecessary.