BILL ANALYSIS

 

 

Senate Research Center	S.B. 1479
85R9966 GRM-F	By: Hughes
	Agriculture, Water & Rural Affairs
	4/6/2017
	As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The Panola County Groundwater Conservation district (district; GCD) is a GCD of the State of Texas operating under Chapter 36, Water Code, and the district�s enabling act as codified in Chapter 8819, Special District Local Laws Code. The Texas Legislature adopted S.B. 100 in 2011 to implement the federal �MOVE� Act (Military and Overseas Vote Empowerment Act), and the Texas secretary of state (SOS) adopted a corresponding rule that enabled special purpose districts to move their elections by board resolutions even if such a move was counter to the district�s enabling act.

 

In October 2011, the district took advantage of S.B. 100 and the corresponding rule from SOS and adopted a board resolution in order to move its director elections to the uniform election date in November. This change allowed the district to take advantage of cost-saving opportunities in holding elections at the same time as other political entities in Panola County. S.B. 1479 makes corresponding changes to the district�s enabling act as codified in the Special District Local Laws Code.

 

As proposed, S.B. 1479 amends current law relating to the election of the board of directors of the Panola County Groundwater Conservation District.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 8819.053, Special District Local Laws Code, to require the Panola County Groundwater Conservation District (district) to hold an election to elect the appropriate number of directors on a certain uniform election date in November, rather than in May, of each even-numbered year.

 

SECTION 2. (a) Requires a director of the board of the district who is serving on the day before the effective date of this Act to serve until the director�s term expires. Requires a director whose term expires in May 2018 to serve until the director�s successor has qualified following the directors� election held on the uniform election date in November 2018 in accordance with Section 8819.053, Special District Local Laws Code, as amended by this Act. Requires a director whose term expires in May 2020 to serve until the director�s successor has qualified following the directors� election held on the uniform election date in November 2020.

 

(b) Provides that this section expires September 1, 2022.

 

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: September 1, 2017.