HBA-RBT H.B. 3806 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3806 By: Walker Natural Resources 4/12/1999 Introduced BACKGROUND AND PURPOSE Current law encourages the creation of groundwater conservation districts to plan, develop and regulate the use of water resources. H.B. 3806 creates the Trans-Pecos Groundwater Conservation District. Subject to a confirmation election this district will be composed of Reeves and Loving counties. 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 Loving and Reeves counties, 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" to be the Trans-Pecos Groundwater Conservation District. SECTION 3. FINDING OF BENEFIT. Provides finding of benefit. SECTION 4. POWERS. Provides that the district has all of 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 this Act prevails over any provision of general law that is in conflict or inconsistent with this Act. Provides that the following provisions prevail over a conflicting or inconsistent provision in this Act: Sections 36.107-36.108, Water Code, Sections 36.159-36.161, Water Code, and Subchapter I (Performance Review and Dissolution), Chapter 36, Water Code. SECTION 5. BOARD OF DIRECTORS. Provides that the district is governed by a board of directors as provided by this section. Sets forth the manner of establishing an initial board of directors and provides for adjusting the number of directors when additional territory is added to the district. Sets forth the qualifications of the directors and establishes the nature of their terms. Provides for procedures in the event of a vacancy. Provides that a director may not receive compensation for serving on the board but is entitled to reimbursement for actual reasonable expenses incurred in performing duties as a director. SECTION 6. TEMPORARY DIRECTORS. Requires the commissioners court for Loving and Reeves counties each to appoint five temporary directors as soon as practicable, but not later than 45 days after the effective date of this Act. SECTION 7. ORGANIZATIONAL MEETING. Requires the directors to hold the organizational meeting of the district and take office as soon as practicable after the initial directors are appointed as provided by this Act. Requires the directors to hold the meeting at a location within the district to which a majority of the directors agree. SECTION 8. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. Requires the temporary board of directors to call and hold an election to confirm establishment of the district and to elect the initial directors. Requires the temporary board of directors to have placed on the ballot the names of the candidates for each of 10 numbered positions on the board. Sets forth the qualifications of the board of directors and establishes procedures for the election. Provides a method for selecting which directors serve four-year terms and which serve two-year terms. Provides that Section 41.001(a) (Uniform Election Dates), Election Code, does not apply to a confirmation and initial directors' election held as provided by this section. Provides that except as provided by this section, a confirmation and initial directors' election must be conducted as provided by Sections 36.017(b)-(h) (Confirmation and Directors Election), 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. ELECTION OF PERMANENT DIRECTORS. Requires an election, beginning in the second year after the year in which the district is authorized to be created at a confirmation election, to be held in the district on the first Saturday in the month in which the initial directors were elected under Section 8 of this Act and every two years after that date to elect the appropriate number of directors to the board. SECTION 10. BOUNDARIES. Provides that the boundaries of the district are coextensive with the boundaries of those counties whose voters approve the groundwater conservation district at a confirmation election held under Section 8 of this Act. SECTION 11. STATUTORY INTERPRETATION. Provides that except as otherwise provided by this Act, if there is a conflict between this Act and Chapter 36, Water Code, this Act controls. SECTION 12. FINDINGS RELATED 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 13. Effective date: September 1, 1999. SECTION 14. Emergency clause.