HBA-NMO, RBT H.B. 3817 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3817
By: Kuempel
Natural Resources
7/22/1999
Enrolled



BACKGROUND AND PURPOSE 

H.B. 3817 makes amendments to the original legislation creating the
Guadalupe Groundwater Conservation District.  This bill sets out the
boundaries of the district, creates a fair funding mechanism and clarifies
the voting districts and temporary board members so that an election can
take place. 

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.  Amends Section 3, Chapter 1066, Acts of the 75th Legislature,
Regular Session, 1997, to include specified territory contained in part of
Guadalupe County within the boundaries of the Guadalupe County Groundwater
Conservation District (district).   

SECTION 2.  Amends Sections 5(a), (c), and (d), Chapter 1066, Acts of the
75th Legislature, Regular Session, 1997, to prohibit the district from
imposing a fee on a well used exclusively for domestic or livestock
watering purposes.  Deletes language that provides that Sections 36.107
(Research) and 36.108 (Joint Planning in Water Area) and Subchapter I
(Performance Review and Dissolution), Water Code, prevail over a
conflicting or inconsistent provision of this Act.  Makes conforming and
nonsubstantive changes. 

SECTION 3.  Amends Section 6, Chapter 1066, Acts of the 75th Legislature,
Regular Session, 1997, by amending Subsection (a), and adding Subsections
(g), (h), and (i), to increase the number of directors on the board of
directors from five to seven, and specify that they are to be elected from
a  single-member districts to be determined by the Guadalupe County
Commissioners Court. Prohibits a director from serving more than two
consecutive four-year terms.  Provides that to be qualified to be elected
as a director, a person must be a registered voter in the single-member
district that the person represents.  Provides that Section 36.059(b)
(General Elections), Water Code, does not apply to the district. 

SECTION 4.  Amends Section 7, Chapter 1066, Acts of the 75th Legislature,
Regular Session, 1997, to modify the list of named temporary board members.
Requires the Texas Natural Resource Conservation Commission to appoint the
necessary number of person to fill all vacancies on the board if at any
time there are fewer than four, rather than three qualified temporary
directors. 

SECTION 5.  Amends Sections 8(a) and (b), Chapter 1066, Acts of the 75th
Legislature, Regular Session, 1997, to make provision for temporary
directors to run for an initial directors office.  Makes conforming
changes. 

SECTION 6.  Amends Section 9(a), Chapter 1066, Acts of the 75th
Legislature, Regular Session, 1997, to make conforming changes. 

SECTION 7.  States that all legal requirements for the notice,
introduction, and passage of this Act have been fulfilled and accomplished. 
 
SECTION 8.  Emergency clause.
  Effective date: upon passage.