BILL ANALYSIS

 

 

Senate Research Center

S.B. 2250

85R18979 DMS-F

By: Creighton; Nichols

 

Agriculture, Water & Rural Affairs

 

4/21/2017

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

S.B. 2250 changes the composition of the board of directors for the Lone Star Groundwater Conservation District (GCD) from nine appointed directors to seven elected directors. The Lone Star GCD is wholly within Montgomery County. The bill also includes term limits where a member could not serve for more than three four-year terms. S.B. 2250 also includes transition language from appointed to elected board members. The November 2018 election would begin the terms for all seven directors, with staggered terms so that half are on the same election cycle at one time. These seven board members are:

 

         One elected to represent Montgomery County Commissioner Precinct 1

         One elected to represent Montgomery County Commissioner Precinct 2

         One elected to represent Montgomery County Commissioner Precinct 3

         One elected to represented Montgomery County Commissioner Precinct 4

         One elected to represent Montgomery County at large

         One elected to represent the City of Conroe

         One elected to represent The Woodlands Township

 

In Texas, there are 99 groundwater conservation districts and among single-county districts, 56 of the 66 are elected. The residents of Montgomery County should have a direct voice in who is making decisions on their behalf. This legislation protects water in Montgomery County and gives all citizens a voice on the Lone Star GCD board.

 

As proposed, S.B. 2250 amends current law relating to the board of directors of the Lone Star Groundwater Conservation District.

 

RULEMAKING AUTHORITY

 

Rulemaking authority previously granted to the board of directors of the Lone Star Groundwater Conservation District is rescinded in SECTION 5 of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Sections 6(a) and (c), Chapter 1321, Acts of the 77th Legislature, Regular Session, 2001, as follows:

 

(a) Provides that the Lone Star Groundwater Conservation District (district) is governed by a board of seven elected directors, rather than nine directors.

 

(c) Prohibits a director from serving more than three full terms.

 

SECTION 2. Amends the heading to Section 7, Chapter 1321, Acts of the 77th Legislature, Regular Session, 2001, to read as follows:

 

Sec. 7. ELECTION OF DIRECTORS.

 

SECTION 3. Amends Section 7(a), Chapter 1321, Acts of the 77th Legislature, Regular Session, 2001, as follows:

 

(a) Provides that the members of the board are elected, rather than appointed, as follows:

 

(1) one director is elected from each of the four county commissioners precincts by the voters of the applicable precinct to be designated as the director whose place number matches the applicable precinct number, rather than requires the Commissioners Court of Montgomery County to appoint two directors;

 

(2) one director is elected by the voters of the district at large to be designated as the director for place number five;

 

(3) one director is elected from the City of Conroe by the voters of that municipality. Deletes existing text requiring the board of directors of the San Jacinto River Authority to appoint one director; and

 

(4) one director is elected from the Woodlands Township by the voters of that township, rather than requires the board of directors of the Montgomery County Soil and Water Conservation District to appoint one director. Deletes existing text requiring the mayor of the City of Conroe to appoint one director;

 

(5) through (8) deletes existing Subdivisions (5) through (8) requiring certain entities each to appoint one director.

 

SECTION 4. Amends Chapter 1321, Acts of the 77th Legislature, Regular Session, 2001, by adding Section 7A, as follows:

 

Sec. 7A. TEMPORARY PROVISION. (a) Requires a director of the board of the district who is serving on August 31, 2017, to serve until the director's successor has qualified following the directors' election held on the uniform election date in November 2018.

 

(b) Requires the precinct 1 director, the at-large director, and the director elected by the City of Conroe, after the November 2018 election, to serve a term that expires December 1 of the second year after the date of the election and requires the directors of precincts 2, 3, and 4 and the director elected by the Woodlands Township to serve a term that expires December 1 of the fourth year after the date of that election. Provides that the initial two-year terms of the precinct 1 director, the at-large director, and the director elected by the City of Conroe do not count toward the term limitation provided by Section 6(c) of this Act.

 

(c) Provides that this section expires September 1, 2024.

 

SECTION 5. Repealers: Sections 7(b) (relating to requiring that the directors be appointed not later than a certain date), (c) (relating to requiring certain persons to make their appointments in a certain manner to the commissioners court), (d) (relating to requiring the board to adopt an appointment process for the written submission of votes to the commissioners court), and (e) (relating to requiring certain persons to appoint a director to serve the remainder of the term if there is a vacancy on the board), Chapter 1321, Acts of the 77th Legislature, Regular Session, 2001.

 

SECTION 6. Provides that all requirements of the constitution and 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 7. Effective date: September 1, 2017.