BILL ANALYSIS

H.B. 1177

By: Gallego

Natural Resources

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The Middle Pecos Groundwater Conservation District was created in a recent legislative session and later confirmed by the voters of Pecos County.  The district is responsible for protecting and managing the groundwater resources within all of the territory of Pecos County and is governed by and operates pursuant to applicable law.

H.B. 1177 changes the biennial election date for district directors 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. 1177 changes the date of a directors' election of the Middle Pecos Groundwater Conservation District, from the first Saturday in May of each even-numbered year after the year in which the district is authorized to be created at a confirmation election to the uniform election date in November of each even-numbered year.

H.B. 1177 requires a director of the board of the district who is serving on the day before the bill's effective date to serve until the director's term expires. The bill requires a director whose term expires in May 2012 to continue to serve until the director's successor has qualified following the directors' election held on the uniform election date in November 2012 in accordance with the bill's provisions. The bill requires a director whose term expires in May 2014 to continue to serve until the director's successor has qualified following the directors' election held on the uniform election date in November 2014.

H.B. 1177 establishes that all governmental acts and proceedings of the district relating to the election of members of the board of directors of the district that were taken before the bill's effective date are validated, ratified, and confirmed in all respects as if they had been taken as authorized by law.  The bill makes such validation, ratification, and confirmation inapplicable to any matter that on the bill's effective date 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 bill does not receive the necessary vote, September 1, 2011.