HBA-RBT H.B. 3849 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3849
By: Swinford
Natural Resources
5/5/1999
Introduced



BACKGROUND AND PURPOSE 

H.B. 3849 changes the name of the North Plains Ground Water Conservation
District No. Two to the North Plains Groundwater Conservation District
(district).  This bill amends the powers and duties of the district to
include regulation of all groundwater within the district.  This bill
ratifies certain actions of the 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.  Amends Section 1, Chapter 498, Acts of the 54th Legislature,
Regular Session, 1955, to rename the North Plains Ground Water Conservation
District No. Two to the North Plains Groundwater Conservation District
(district).  Includes Dallam County in the territory of the district.
Establishes that there are to be 7 directors of the district, rather than
5.  Makes a conforming change. 

SECTION 2.  Amends Sections 1A(b) and (c), Chapter 498, Acts of the 54th
Legislature, Regular Session, 1955, to require the director's election to
be in May, rather than April.  Provides that the election is subject to
Chapter 36 (Groundwater Conservation Districts), Water Code, rather than
Chapter 51 (Water Control and Improvement Districts), Water Code.  Makes a
nonsubstantive change.   

SECTION 3.  Amends Section 2, Chapter 498, Acts of the 54th Legislature,
Regular Session, 1955, to regulate groundwater reservoirs in the district,
rather than underground water reservoirs.  Includes qualified groundwater
scientists among those who may perform surveys of underground water of
reservoirs.  Includes notes in the name of the district among the
instruments of indebtedness the district may issue.  Provides that the
maximum amount of maintenance and operating taxes, rather than the
aggregate amount of taxes, may not exceed five, rather than fifty, cents on
the $100 assessed valuation.  Makes conforming and nonsubstantive changes. 

SECTION 4.  Sets forth that specified acts of the North Plains Ground Water
Conservation District No.  Two are validated and confirmed in all respects
as if the actions had been taken as authorized by law. 

SECTION 5.  Provides that SECTION 4 does not apply to any act, proceeding,
director, bond, or obligation that is the subject of pending litigation. 

SECTION 6.  Emergency clause.
  Effective date: upon passage.