BILL ANALYSIS

 

 

 

S.B. 2329

By: Hegar

Natural Resources

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

The Edwards Aquifer Legislative Oversight Committee (committee) was created in 1993 as part of S.B. 1477 which created the Edwards Aquifer Authority (EAA).  The committee was tasked to examine and report to the legislature on the effectiveness of the state and local governmental entities in meeting the purposes of EAA.  Additionally, the committee oversees and reviews the activities of EAA and the implementation of that authority's enabling legislation; the activities of the South Central Texas Water Advisory Committee; compliance with federal law relating to threatened or endangered species related to the management of underground or surface water in the  Edwards Aquifer region; water pollution control activities in the Edwards Aquifer region; and the activities of soil and water conservation districts and river authorities in the Edwards Aquifer district that affect the management of the aquifer. 

 

Both the House and Senate Natural Resource Committees have jurisdiction over the creation, modification, and regulation of water supply districts, conservation and reclamation districts, and all similar organs of local government dealing with water and water supply including EAA.  Any legislation dealing with EAA would be considered by these committees, so it is appropriate that these committees should have the benefit of hearing any testimony offered on the subject.

 

The original intent of the creation of the oversight committee was to provide extra oversight during the initial creation period of EAA and to react to any issues that developed.  More than a decade later, the committee has outlasted its usefulness.  The two standing legislative committees regularly review EAA, therefore eliminating the need for the special committee.

 

S.B. 2329 abolishes the Edwards Aquifer Legislative Oversight Committee.

 

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 Section 1.25(b), Chapter 626, Acts of the 73 Legislature, Regular Session, 1993, to require the Edwards Aquifer Authority, in conjunction with the South Central Texas Water Advisory Committee, the Texas Water Development Board, and underground water conservation districts within the authority's boundaries, to develop a 20-year plan for providing alternative supplies of water to the region, with five-year goals and objectives, to be implemented by the authority and reviewed annually by the appropriate state agencies and the standing committees of the senate and house of representatives with primary jurisdiction over natural resources, rather than the Edwards Aquifer Legislative Oversight Committee. 

 

SECTION 2.  Repeals Section 3.01 (Legislative Oversight), Chapter 626 (S.B. 1477), Acts of the 73rd Legislature, Regular Session, 1993.

 

SECTION 3.  Provides the effective date of this Act.

 

EFFECTIVE DATE

 

This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.  If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.