BILL ANALYSIS

H.B. 1947

By: Kuempel

Natural Resources

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The Guadalupe County Groundwater Conservation District was created by the Texas Legislature in 1997, and the creation of the district was confirmed by the voters in Guadalupe County in 1999.  The district has the authority to manage and conserve the groundwater resources within its boundaries, which cover a substantial portion of the territory of Guadalupe County.  The district operates under the authority granted in its enabling act and the Water Code.   

H.B. 1947 changes the district’s election date from the first Saturday in May to the uniform election date in November and simplifies the directors’ election language, removes term limits for directors, and validates prior acts and proceedings of the district related to the election of directors.

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

H.B. 1947 amends Section 9, Chapter 1066, Acts of the 75th Legislature, Regular Session, 1997, to require the Guadalupe County Groundwater Conservation District to hold an election on the uniform election date in November of each odd-numbered year to elect the appropriate number of directors to the district's board of directors. The bill removes provisions requiring the election date to be the first Saturday in May of the second year after the district's creation and each subsequent second year, and language specifying the number of directors to be elected in that initial election and the initial directors' terms of office. The bill validates, ratifies, and confirms all governmental acts and proceedings of the district relating to the election of members of its board of directors that were taken before the effective date of the bill.  The bill specifies that this validation does not apply to any matter that on the effective date of the bill has been held invalid or that is involved in litigation that results in the matter being held invalid by a final court judgment.

H.B. 1947 repeals Section 6(g), Chapter 1066, Acts of the 75th Legislature, Regular Session, 1997, which prohibits a director from serving more than two consecutive four-year terms.

EFFECTIVE DATE

On passage, or, if the act does not receive the necessary vote, the act takes effect September 1, 2009.