BILL ANALYSIS
By: Averitt
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Texas faces a difficult challenge to develop water policies that serve state and regional interests. The Texas Constitution authorizes the creation of groundwater districts to plan, develop, and regulate the use of water.
C.S.S.B. 1985 creates the McLennan County Groundwater Conservation District (district) and provides that the district must be confirmed by the voters of McLennan County. The district will have the authority to assess user fees and be governed by a board of five directors. The McLennan County Commissioners Court will appoint one temporary director from each precinct and the county judge will appoint one temporary director to represent the district at large. The McLennan County Commissioners Court will appoint one director from each precinct and one director to represent the district at large after the initial appointments.
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. Amends Subtitle H, Title 6, Special District Local Laws Code, by adding Chapter 8821, as follows:
CHAPTER 8821. MCLENNAN COUNTY GROUNDWATER
CONSERVATION DISTRICT
Sets forth standard language for the creation of the McLennan County Groundwater Conservation District (district) in McLennan County. Sets forth standards, procedures, requirements, and criteria for:
Definitions, creation, and approval of the district (Sections 8821.001-8821.006);
Size, composition, appointment, and terms of the board of directors of the district (Sections 8821.021-8821.052);
Powers and duties of the district; prohibiting the exercise of the power of eminent domain by the district (Sections 8821.101-8821.107);
General financial provisions and authority to impose a user fee for the
district (Sections 8821.151-8821.152); and
Dissolution of the district (Section 8821.201).
Sections 8821.007-8821.020, 8821.026-8821.050, 8821.053-8821.100, 8821.108-8821.150 and 8821.153-8821.200 reserved for expansion.
SECTION 2. Provides that all requirements of the constitution and the laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of the Act are fulfilled and accomplished.
SECTION 3. Provides that 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
The substitute amends the original by removing Sections 8821.102 (Permit Consideration), 8821.103 (Permits for Certain Activities; Applicable Rules), 8821.104 (Registration for Certain Activities), and 8821.107 (Impact of Transfer), Special District Local Laws Code, from the original and renumbering subsequent Sections accordingly