RBT H.B. 3835 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3835
By: Staples
Natural Resources
4/26/1999
Committee Report (Amended)



BACKGROUND AND PURPOSE 

H.B. 3835 creates the Robertson-Brazos County Groundwater Conservation
District and provides the authority to impose water use fees. 

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 Robertson-Brazos County Groundwater Conservation District, in
Robertson County and Brazos County subject to approval at a confirmation
election held under Section 9 of this Act.  Provides that the district is a
governmental agency and 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 mean the Robertson-Brazos
County Groundwater Conservation District.  
 
SECTION 3.  BOUNDARIES.  Provides that the boundaries of the district are
coextensive with the boundaries of Robertson County and Brazos County.  
 
SECTION 4.  FINDING OF BENEFIT.  Provides finding of benefit.

SECTION 5.  POWERS.  Provides that the district has all of the rights,
powers, privileges, authority, functions, and duties provided by the
general law of this state.  Authorizes the district by rule to require a
person to obtain a permit from the district for the transfer of groundwater
out of the district. Provides that the delivery of water by a certificated
retail public utility whose source of water on the effective date of this
Act is one or more wells located within the district to the utility's
certificated service area under a certificate of convenience and necessity
issued by the Texas Natural Resource Conservation Commission, or to that
certificated area as it may be modified in the future by the Texas Natural
Resource Conservation Commission, is not a transfer of groundwater outside
the boundaries of the district, if the water is not transported and used
outside the utility's certificated area.   Prohibits the district from
levying or collecting taxes in the district.  Authorizes the board of
directors of the district by rule to impose reasonable fees on each well
for which a permit is issued by the district and which is not exempt from
regulation by the district.  Sets forth the method for calculating the fee.
Exempts a well meeting the criteria established under Section 36.117, Water
Code, from permit requirements, regulations, and fees imposed by the
district.  Prohibits the district from exercising the power of eminent
domain, issuing and selling bonds or notes in the name of the district, or
purchasing, selling, transporting, or distributing surface water or
groundwater for any purpose.  
 
SECTION 6.  BOARD OF DIRECTORS.   Provides that the district is governed by
a board of six directors.  Provides that directors are appointed as
provided by Section 7 of this Act.  Sets forth the terms and qualifications
of the directors. 
 
SECTION 7.  APPOINTMENT OF DIRECTORS.  Sets forth the procedures for
appointing directors. 

SECTION 8.  ORGANIZATIONAL MEETING.   Provides for an organizational
meeting. 

SECTION 9. CONFIRMATION ELECTION.   Provides for a confirmation election.

SECTION 10. ADDITION OF OTHER COUNTIES TO DISTRICT.  Provides procedures
for adjacent counties to join the district. 

SECTION 11. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.   Sets forth that
all procedural requirements have been met. 

SECTION 12.   Emergency clause.
         Effective date: upon passage.

EXPLANATION OF AMENDMENTS

Committee Amendment No.  1.

Modifies SECTION 5(e) to include wells used for dewatering and monitoring
in the production of coal and lignite as exempt from permit requirements,
regulations, and fees imposed by the district. 

Committee Amendment No.  2.

Modifies SECTION 7(b) to specify that the commissioners court appoints a
director to represent rural water supply and agricultural water users. 

Committee Amendment No.  3.

Modifies SECTION 9 of the original by striking Subsection (b) providing
that Section 41.001(a), Election Code, concerning the dates on which
general and special elections are to be held, does not apply to a
confirmation election held under this Act. 

Committee Amendment No.  4.

Renames the district the Brazos Valley Groundwater Conservation District,
rather than the Robertson-Brazos County Groundwater Conservation District.
Makes conforming changes.