BILL ANALYSIS

H.B. 4210

By: Sheffield

Natural Resources

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The Clearwater Underground Water Conservation District was created by the 71st Legislature, Regular Session, 1989, and was confirmed by the voters of Bell County in 1999.   The district is responsible for protecting and managing the groundwater resources within all of the territory of Bell County.  The district is governed by and operates pursuant to the authority granted in Chapter 36, Water Code, and Article XVI, Section 59, Texas Constitution, and its enabling act.

H.B. 4210 changes the election date for the directors of the district from the first Saturday in May to the uniform election date in November, provides the method of transition for the terms of district 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. 4210 amends Section 10(e), Chapter 524, Acts of the 71st Legislature, Regular Session, 1989, to move the election date for directors of the Clearwater Underground Water Conservation District to the uniform election date in November of even-numbered years, from the first Saturday in May of even-numbered years. The bill sets forth provisions for the succession of directors following changes made by the bill. The bill provides that all governmental acts and proceedings of the district relating to the election of directors taken before the effective date of the bill are validated, ratified, and confirmed in all respects as if they had been taken as authorized by law, except any matter that on the effective date of the bill is involved in litigation if the litigation ultimately results in the matter being held invalid by a final court judgment or has been held invalid by a final court judgment.     

EFFECTIVE DATE

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