HBA-RBT C.S.H.B. 3813 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3813
By: Kuempel
Natural Resources
4/30/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Texas Natural Resource Conservation Commission (TNRCC) designated the
Hill Country Priority Groundwater Management Area, which includes western
Comal County and surrounding counties, in 1990 due to concerns that the
Trinity Aquifer would not have the yield to meet the projected use and
demand. To protect critical groundwater resources, TNRCC recommended
creation of groundwater management districts in counties served by the
Trinity Aquifer.  C.S.H.B. 3813 establishes the creation of the Southeast
Trinity 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 the Southeast Trinity Groundwater Conservation
District (district) subject to approval at a confirmation election.
Provides that the district is a governmental agency and a body politic and
corporate. Establishes that the district is created under and is essential
to accomplish the purposes of Section 59, Article XVI, Texas Constitution. 

SECTION 2. DEFINITIONS. Defines "district."

SECTION 3. BOUNDARIES. Establishes that the boundaries of the district are
coextensive with that part of Comal County located within the Hill Country
Priority Groundwater Management Area. 

SECTION 4. FINDING OF BENEFIT. Sets forth findings of benefit for all of
the land and property 
within the district's boundaries.

SECTION 5. POWERS. Sets forth rights, powers, privileges, authority,
functions, and duties of the 
district.

SECTION 6. BOARD OF DIRECTORS. Provides that the district is governed by a
board of five 
directors. Requires the commissioners court to appoint a director to serve
the remainder of the term, if a vacancy occurs in the office of director.
Establishes that the temporary directors are appointed and become the
initial directors of the district, if creation of the district is
confirmed. Sets forth conditions regarding the directors qualifications and
term lengths. 

SECTION 7. TEMPORARY DIRECTORS. Establishes the method for the appointment
of a temporary director by the Comal County Commissioners Court. 

SECTION 8.  SINGLE MEMBER DISTRICTS.  Requires the temporary directors to
draw five numbered single-member districts for electing directors.
Authorizes the initial or permanent directors to revise the districts as
necessary or appropriate.  Requires the board to provide for one director
to be elected from each of the single-member districts.  Provides that a
director elected from a single-member district represents that district. 

SECTION 9.  CONFIRMATION ELECTION. Requires the temporary board of
directors to call and 
 hold an election to confirm establishment of the district. Provides that
Section 41.001(a), Election Code, does not apply to a confirmation election
held as provided by this section. Sets forth conditions regarding an
election for the creation of the district. 

SECTION 10. ELECTION OF DIRECTORS. Sets forth the method of election and
length of term for the directors. 

SECTION 11. ADDITIONAL POWERS. Authorizes the district to contract with one
or more state 
agencies or other governmental bodies to carry out any function of the
district. Sets forth conditions for engagement in and promotion of land
treatment measures for soil conservation and improvement. 
Authorizes the district to prepare and implement a plan for the control and
management of brush within the district. 

SECTION 12. PROHIBITED ACTS. Prohibits the district from granting certain
rights in or to 
underground water located in the district. Prohibits the district from
assessing an ad valorem property tax that exceeds three cents on each $100
valuation of taxable property in the district. Prohibits the district from
requiring the owner of a well drilled before the effective date and used
solely for domestic and livestock purposes to install a meter device on the
well. 

SECTION 13. EXEMPT WELLS. Sets forth provisions regarding wells that are
and wells that qualify. 

SECTION 14. PUBLIC WATER SUPPLY WELLS. Sets forth certain conditions
regarding public 
water supplies that are exempt from regulation by the district. Provides
that a public water supply well is subject to the district's prohibition of
waste of underground water. Establishes that a district construction or
operating permit is not required for a public water supply well approved by
the commission. Sets forth requirements for any fee paid by a retail public
utility to the district. 

SECTION 15. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. Sets forth
findings 
related to procedural requirements.

SECTION 16. EFFECTIVE DATE. Effective date: September 1, 1999.

SECTION 17.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original by renaming the district the
Southeast Trinity Groundwater Conservation District, rather than the Comal
County Groundwater Management District. 

The substitute differs from the original by adding a new SECTION 8 relating
to single-member districts.  Please also see the Section-by-Section
Analysis in this document. 

The substitute differs from the original by redesignating SECTIONS 8-16 of
the original as SECTIONS 9-17 of the substitute.