HBA-RBT H.B. 3798 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3798
By: Seaman
Natural Resources
4/12/1999
Introduced



BACKGROUND AND PURPOSE 

Current law provides that groundwater conservation districts can be created
to plan, develop, amd regulate the use of water.  H.B. 3798 creates the
Jackson County Groundwater Conservation District. 

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 a groundwater conservation district, to be
known as the Jackson County Groundwater Conservation District, in Jackson
County, subject to approval at a confirmation election under Section 8 of
this Act.  Provides that the district is a governmental agency and a body
politic and corporate.  Provides that the district is created under and is
essential to accomplish the purposes of Section 59, Article XVI, Texas
Constitution.  
 
SECTION 2.  DEFINITION.  Defines "district" as the Jackson County
Groundwater Conservation District.  
 
SECTION 3.  BOUNDARIES.  Provides that the boundaries of the district are
coextensive with the boundaries of Jackson County.  
 
SECTION 4.  FINDING OF BENEFIT.  Provides finding 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 Chapter 36 (Groundwater  
Conservation Districts), Water Code, applicable to groundwater conservation
districts created under Section 59, Article XVI, Texas Constitution.
Provides that Chapter 49 (Provisions Applicable to All Districts), Water
Code, does not apply to the district.  Provides that this Act prevails over
any provision of general law that is in conflict or inconsistent with this
Act.  Provides that the rights, powers, privileges, authority, functions,
and duties of the district are subject to the continuing right of
supervision of the state, to be exercised by and 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 Jackson County Commissioners
Court.  Sets forth the qualifications of the board members, the length of
term, residency requirements, procedure in the event of a vacancy, the
commissioners court's responsibilities regarding the director, and
prohibits the director from receiving any compensation for service as a
director but may be reimbursed for actual expenses of attending meetings at
the rate in effect for employees of Jackson County.  
 
SECTION 7.  APPOINTMENT AND TERMS OF INITIAL DIRECTORS.  Sets forth the
procedures for appointment of initial directors and establishes their
terms. 

SECTION 8.  CONFIRMATION ELECTION.  Requires the  Jackson County
Commissioners Court to call and hold an election to confirm establishment
of the district.  Provides that Section 41.001(a)  (Uniform Election
Dates), Election Code, does not apply to a confirmation election held as
provided by this section.  Provides that except as provided by this
section, a confirmation election must be conducted as provided by Sections
36.017(b)-(h), Water Code, and the Election Code.  Provides that if the
establishment of the district has not been confirmed at an election held
under this section before the fourth anniversary of the effective date of
this Act, this Act expires on that date.  
 
SECTION 9.  LIMITATION ON TAXATION.  Prohibits the district from levying or
collecting an ad valorem tax at a rate that exceeds three cents on the $100
valuation of taxable property in the district.  
 
SECTION 10.  CONTRACTS WITH GOVERNMENT ENTITIES.  Authorizes the district
to contract with other government entities.  
 
SECTION 11.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.  Provides that
all procedural requirements for enacting legislation have been met 

SECTION 12.  Effective date: September 1, 1999.
 
SECTION 13.  Emergency clause.