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.