HBA-RBT H.B. 3839 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3839 By: Green Natural Resources 4/26/1999 Introduced BACKGROUND AND PURPOSE H.B. 3839 creates the Hays County Trinity Groundwater Conservation District to manage water resources in Hays County. 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 Hays County Trinity Groundwater Conservation District, in Hays County subject to approval at a confirmation election held under 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 Hays County Trinity Groundwater Conservation District, excluding the part of the county within the boundaries of the Barton SpringsEdwards Aquifer Authority. SECTION 3. BOUNDARIES. Provides that the boundaries of the district are coextensive with the boundaries of Hays 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. Provides that the district has the power to limit the transfer of groundwater out of the district. Sets forth specified prohibited acts. SECTION 6. FISCAL RESPONSIBILITIES. Requires the board of directors of the district annually to prepare a budget that includes the proposed expenditures and disbursements and the estimated receipts and collections for the following fiscal year. Requires the board to hold a public hearing on the proposed budget. Provides for notice, approval, and audit of the budget. SECTION 7. GROUNDWATER STUDIES. Requires the district by rule to, as needed but not less frequently than every five years, develop, prepare, revise, and adopt comprehensive groundwater management plans for the district. Sets forth requirements for the plans. SECTION 8. COORDINATION WITH OTHER DISTRICTS. Authorizes the district to coordinate its plans with those of another conservation and reclamation district created under Section 59, Article XVI, Texas Constitution, and may enter into joint undertakings for the purposes for which the districts are created. Sets forth requirements for actions taken under this section. SECTION 9. BOARD OF DIRECTORS. Provides that the district is governed by a board of five directors. Provides for the qualifications and sets the terms of the directors, the temporary directors, and the initial directors. Provides that a director may not receive a salary or other compensation for service as a director but may be reimbursed for actual expenses of attending meetings at the rate in effect for employees of Hays County. SECTION 10. TEMPORARY DIRECTORS. Provides for the appointment of temporary directors. SECTION 11. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. Provides for the confirmation and initial directors' election. SECTION 12. ELECTION OF PERMANENT DIRECTORS. Provides for the election of permanent directors. SECTION 13. ADDITIONAL POWERS AND DUTIES OF DISTRICT. Defines "commercial water well" as the meaning determined by the board of directors of the district but excludes any well that produces water exclusively for use by an individual or household for residential purposes or that produces less than 25,000 gallons of water a day. Authorizes the district to require a permit for the drilling of a water well in the district on or after the date the establishment of the district is confirmed at an election under Section 11 of this Act. Authorizes the district to set a fee for an application for a permit. Prohibits the fee from exceeding the fee established by the Hays County Commissioners Court for an application for a permit for an on-site sewage disposal system, except that the fee for an application for a permit to drill a commercial water well may not exceed $1,000. Requires the district to use all revenue that is not necessary for the maintenance and operation of the district to fund annual hydro-geological studies of aquifers. Requires the district to use the studies in the development of a regional and county water development plan. Provides that the district must use all money collected by the district in excess of $100,000 each year to issue rebates to residents who participate in voluntary conservation projects approved by the board, including rainwater collection, xeriscape planting, and brush clearing. SECTION 14. DISSOLUTION OF DISTRICT. Provides that the dissolution of the district is governed by Chapter 36, Water Code. SECTION 15. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. Sets forth legislative findings. SECTION 16. Emergency clause. Effective date: upon passage.