HBA-RBT H.B. 3805 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3805 By: Gallego Natural Resources 4/12/1999 Introduced BACKGROUND AND PURPOSE Currently, groundwater conservation districts can be created to effectively plan, develop and regulate the use of water. H.B. 3805 creates the Trans-Pecos Groundwater Conservation District to manage Pecos County's water groundwater resources. 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 TransPecos Groundwater Conservation District, in Pecos County, subject to approval at a confirmation election under Section 9 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" to be the Trans-Pecos Groundwater Conservation District. SECTION 3. BOUNDARIES. Provides that the boundaries of the district are coextensive with the boundaries of Pecos County. SECTION 4. FINDING OF BENEFIT. Presents 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 district has the power to limit the transfer of groundwater out of the district, including the power to prohibit the transfer. SECTION 6. ELECTION OF DIRECTORS. Requires the directors of the district to be elected according to the commissioners precinct method as provided by this Act. Sets forth the method of electing directors. SECTION 7. BOARD OF DIRECTORS. Provides that the district is governed by a board of five directors and sets forth the qualifications and terms of the directors. Prohibits a director from receiving a salary or other compensation for service as a director but may be reimbursed for actual expenses of attending meetings at the rate in effect for employees of Pecos County. SECTION 8. APPOINTMENT AND TERMS OF TEMPORARY DIRECTORS. Requires the Pecos County Commissioners Court to appoint one director, representing the district at large, to serve a term expiring February 1, 2000, two directors, representing precincts one and three, to serve terms expiring February 1, 2001, and two directors, representing precincts two and four, to serve terms expiring February 1, 2002, within 31 days of the effective date of this Act. Sets forth the procedure in the event of a vacancy. SECTION 9. CONFIRMATION ELECTION. Requires the temporary board of directors to call and hold an election before the second anniversary of the effective date of this Act to confirm establishment of the district. Sets forth the procedure to be followed after the election. SECTION 10. ELECTION OF INITIAL DIRECTORS. Requires the board, beginning in the first year after the year in which the district is authorized to be created at a confirmation election to call an election to be held in the district on the third Saturday in January every year to elect the appropriate number of directors to the board. Provides that all temporary director's positions that have expired or are due to expire on February 1 of that year shall be up for election. Provides that the initial directors serve terms expiring on the third anniversary of the expiration date specified for that director's position in Section 8. SECTION 11. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. Provides that the proper and legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished by the constitution and other laws of this state, including the governor, who has submitted the notice and Act to the Texas Natural Resource Conservation Commission. Provides that the Texas Natural Resource Conservation Commission has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time. 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 12. Emergency clause. Effective date: upon passage.