HBA-NMO H.B. 2391 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2391
By: Gallego
Natural Resources
3/15/1999
Introduced



BACKGROUND AND PURPOSE 

Current law provides for the creation of groundwater conservation districts
to plan, develop, and regulate the use of water resources.  In West Texas,
where water resources are scarce, water planning and regulation can be
valuable tools in water resource management.  H.B. 2391 creates the
Presidio County Groundwater Conservation District, subject to approval at a
confirmation election. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  CREATION.  Creates the Presidio County Groundwater Conservation
District, subject to approval at a confirmation election under Section 8 of
this Act.  Provides that the district is created under and is essential to
accomplish the purposes of Section 59, Article XVI, Texas Constitution
(Conservation and Development of Natural Resources; Conservation and
Reclamation Districts) 

SECTION 2.  DEFINITION.  Defines "district" as the Presidio County
Groundwater Conservation District. 

SECTION 3.  BOUNDARIES.  Provides that the boundaries of the district are
coextensive with the boundaries of Presidio County. 

SECTION 4.  FINDING OF BENEFIT.  Sets forth findings of benefit.

SECTION 5.  POWERS.  Provides that the district has all the rights, powers,
privileges, authority, functions, and duties provided by the general law of
this state, including Chapters 36 (Groundwater Conservation Districts) and
49 (Provisions Applicable to All Districts), Water Code, applicable to
groundwater conservation districts created under Section 59, Article XVI,
Texas Constitution. Provides that this Act prevails over any provision of
general law that is in conflict or inconsistent with this Act.  Provides
that the district has the power to limit the transfer of groundwater out of
the district, including the power to prohibit the transfer.  Provides that
the district is subject to the continuing right of supervision of this
state, through the Texas Natural Resource Conservation Commission. 

SECTION 6.  BOARD OF DIRECTORS.  Provides that the district is governed by
a board of five directors appointed by the Presidio County Commissioners
Court (commissioners court).  Provides stipulations for appointments and
terms.  Prohibits a director from receiving a salary or other compensation
for service as director but permits reimbursement for actual expenses of
attending meetings at the rate in effect for employees of Presidio County. 

SECTION 7.  APPOINTMENT AND TERMS OF INITIAL DIRECTORS.  Requires the
commissioners court, not later than the 31st day after the effective date
of this Act, to appoint directors who will serve specified staggered terms. 

 SECTION 8.  CONFIRMATION ELECTION.  Requires the initial board of
directors to call and hold an election to confirm establishment of the
district.  Sets forth terms by which the confirmation election is held.
Provides that this Act expires on the fourth anniversary of its effective
date, if the establishment of the district has not been confirmed at an
election held under this section by that date. 

SECTION 9.  TAXING AUTHORITY.  Prohibits the district from levying or
collecting an ad valorem tax in the district. 

SECTION 10.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.  Sets forth
findings relating to procedural requirements. 

SECTION 11.  REPEALER.  Repealer:  Chapter 453, Acts of the 73rd
Legislature, Regular Session, 1993. 

SECTION 12.  EFFECTIVE DATES.  Provides that this Act takes effect on
September 1, 1999, except for Section 11, which takes effect on the date
the results of an election confirming the establishment of the district are
canvassed.   

SECTION 13.  Emergency clause.