AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
The Texas Commission on Environmental Quality (TCEQ) designated three noncontiguous areas of Dallam County as a priority groundwater management area in 1990. This area, referred to as the Dallam County Priority Groundwater Management Area (PGMA), is surrounded by the North Plains Groundwater Conservation District (GCD) and is mostly located in the northern part of the county. On August 11, 2008, TCEQ staff recommended that the Dallam County PGMA join the North Plains GCD. This question was put before the voters on the November 2, 2010, ballot, and the proposition was defeated.
There are now three options for the Dallam County PGMA. Legislation can be enacted to create a GCD; the Dallam County PGMA can petition TCEQ to form a GCD comprised of the current PGMA; or, if neither of these options occur before November 2, 2011, TCEQ will issue an order to create a GCD comprised of the current PGMA. This bill ensures that all three options as outlined above are still viable.
As proposed, S.B. 956 amends current law relating to the creation of the Northern Dallam County Groundwater Conservation District and provides authority to impose a tax and issue bonds.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subtitle H, Title 6, Special District Local Laws Code, by adding Chapter 8853, as follows:
CHAPTER 8853. NORTHERN DALLAM COUNTY GROUNDWATER
CONSERVATION DISTRICT
Sets forth standard language for the creation of the Northern Dallam County Groundwater Conservation District (district) in Dallam County. Sets forth standards, procedures, requirements, and criteria for:
General provisions, including the nature of the district, legislative findings, the and initial district territory (Sections 8853.001-8853.020);
Temporary provisions, including appointment of temporary directors, organization meeting of temporary directors, initial director election, initial directors, and the expiration of the temporary provisions (Sections 8853.021-8853.050);
Terms, method of election, eligibility, qualifications, election date, vacancies, and compensation of the board of directors (Sections 8853.051-8853.100);
Powers and duties of the district (Sections 8853.101-8853.150); and
General financial provisions and authority to impose fees (Sections 8853.151-8853.153).
Prohibits the district from exercising the power of eminent domain.
SECTION 2. Sets forth the initial boundaries of the district.
SECTION 3. 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 this Act are fulfilled and accomplished.
SECTION 4. Effective date: upon passage or September 1, 2011.