BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1950

                                                                                                                                         By: Duncan

                                                                                                                               Natural Resources

                                                                                                                                              7/2/2007

                                                                                                                                              Enrolled

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The Tri-County Groundwater Conservation District was created in Foard, Hardeman, and Wilbarger counties. However, the Tri-County Groundwater Conservation District was only confirmed in Foard and Hardeman counties.

 

S.B. 1950 changes the name of the Tri-County Groundwater Conservation District to the Gateway Groundwater Conservation District (district) to reflect the composition of the district. This bill clarifies that Wilbarger County is not part of the district, which consists only of Foard and Hardeman counties, and that the district may annex counties in a manner that is consistent with Chapter 36 (Groundwater Conservation Districts), Water Code.

 

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 1(a), Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999, to delete existing text creating the Tri-County Groundwater Conservation District.

 

SECTION 2.  Amends Section 2(a), Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999, to delete existing text providing that the boundaries of the Tri-County Groundwater Conservation District are coextensive with the boundaries of Foard, Hardeman, and Wilbarger counties.

 

SECTION 3.  Amends Section 2, Chapter 1352, Acts of the 77th Legislature, Regular Session, 2001, to redefine "district."

 

SECTION 4.  Amends Section 3, Chapter 1352, Acts of the 77th Legislature, Regular Session, 2001, as follows:

 

Sec. 3.  BOUNDARIES.  (a)  Creates this subsection from existing text.  Provides that the boundaries of the Gateway Groundwater Conservation District (district)  are coextensive with the boundaries of Foard and Hardeman counties, rather than Foard, Hardeman, and Wilbarger counties.

 

(b)  Authorizes the district to add territory to the district as provided by Chapter 36 (Groundwater Conservation Districts), Water Code.

 

SECTION 5.  Amends Section 4(a), Chapter 1352, Acts of the 77th Legislature, Regular Session, 2001, to delete existing text providing that this Act prevails over any provision of general law that is in conflict or inconsistent with this Act, including any provision of Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999 (Senate Bill No. 1911).

 

SECTION 6.  Amends Section 5(a), Chapter 1352, Acts of the 77th Legislature, Regular Session, 2001, to provide that the district is governed by a board of directors, rather than six directors, in the manner provided by Section 36.051, Water Code.

 

SECTION 7.  Amends Section 7(a), Chapter 1352, Acts of the 77th Legislature, Regular Session, 2001, to require the commissioners court of each county in the district to appoint an equal number of directors, rather than two directors.

 

SECTION 8.  Repealer: Part 12 (Tri-County Groundwater Conservation District), Chapter 966, Acts of the 77th Legislature, Regular Session, 2001, and Sections 1(b) [sic], 4(b) (relating to prevailing provisions over a conflicting or an inconsistent provision), 5 (Board of Directors), 6(b) (providing for the terms of the initial directors) and (c) [sic], 7 (Appointment of Directors) and 8 (Confirmation Election), Chapter 1352, Acts of the 77th Legislature, Regular Session, 2001.

 

SECTION 9.  Requires the board of directors of the district to hold an election under Section 36.328, Water Code, to annex territory to the district. Provides certain conditions if a majority of voters in the territory to be annexed vote in favor of the proposition.

 

SECTION 10.  (a)  Provides that the legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313 (Notice for Local and Special Laws), Government Code.

 

(b)  Provides that the governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality (TCEQ).

 

(c)  Provides that TCEQ has filed its recommendations relating to this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time.

 

(d)  Provides that all requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.

 

SECTION 11.  Effective date: upon passage or September 1, 2007.