HBA-RBT H.B. 3853 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3853
By: Hardcastle
Natural Resources
5/11/1999
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Currently there is no entity established to manage groundwater in Foard,
Hardeman, and Wilbarger counties.  In order to mange water resources for
agriculture, business, and residential use H.B. 3853 creates the Tri-County
Groundwater Conservation District.  The proposed district requires approval
by the registered voters of the affected counties and limits the taxing
authority of the district to not exceed one cent on each $100 of assessed
valuation.  The legislation allows for interim directors. If confirmed by
election, permanent directors will be appointed by the commissioners court
of each county in the district.  Permanent directors will serve staggered
four-year terms. 

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 TriCounty Groundwater Conservation District, in Foard,
Hardeman, and Wilbarger counties, subject to approval at a confirmation
election under Section 8 of this Act.  Provides that the district is a
governmental agency and a 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" as the Tri-County Groundwater
Conservation District.  
 
SECTION 3. BOUNDARIES.  Establishes the boundaries of the district to be
coextensive with the boundaries of Foard, Hardeman, and Wilbarger counties.
 
SECTION 4. FINDING OF BENEFIT.  Sets forth finding of benefit.
 
SECTION 5. POWERS.  (a) Provides that the district has all the rights,
powers, privileges, authority, functions, and duties provided by the
general law of this state, including Chapter 36 (Groundwater Conservation
Districts), Water Code, applicable to groundwater conservation districts
created under Section 59, Article XVI, Texas Constitution.  Chapter 49
(Provisions Applicable to All Districts), Water Code, does not apply to the
district.  Provides that this Act prevails over any provision of general
law that is in conflict or inconsistent with this Act. 

(b)  Provides that notwithstanding Subsection (a) of this section, the
following provisions prevail over a conflicting or inconsistent provision
of this Act:  
  (1)  Sections 36.107-36.108 (Research) and (Joint Planning in Management
Area), Water                    Code; 
  (2)  Sections 36.159-36.161(Groundwater District Management Plan Funds),
(Funds),                    and (Eligibility for Funding), Water Code; and 
  (3)  Subchapter I (Performance Review and Dissolution), Chapter 36, Water
Code.  
 
(c)  Provides that the rights, powers, privileges, authority, functions,
and duties of the district are subject to the continuing right of
supervision of the state, to be exercised by and through  the Texas Natural
Resource Conservation Commission.  
 
SECTION 6. BOARD OF DIRECTORS. (a) Provides that the district is governed
by a board of six directors. Two directors are appointed by the
commissioners court of each county in the district.  
 
(b) Provides that each director must qualify to serve as director in the
manner provided by Section 36.055 (Sworn Statement, Bond, and Oath of
Office), Water Code.  
 
(c)  Provides that directors other than initial directors serve staggered
four-year terms.  
 
(d)  Provides that a director serves until the director's successor has
qualified.  
 
(e)  Requires the appropriate commissioners court to appoint a director to
serve the remainder of the term if there is a vacancy on the board.  
 
(f)   Requires the appropriate commissioners court to appoint a director to
succeed a director on or before the date the director's term expires.  
 
(g)  Prohibits a director from receiving a salary or other compensation for
service as a director but may be reimbursed for actual expenses of
attending meetings.  
 
SECTION 7. APPOINTMENT AND TERMS OF INITIAL DIRECTORS.  Names the initial
board of directors and sets forth their terms 

SECTION 8. CONFIRMATION ELECTION.  Requires the board of directors to call
and hold an election to confirm the establishment of the district.
Provides that  Section 41.001(a) (Uniform Election Dates), Election Code,
does not apply to a confirmation election held as provided by this section.
Provides that except as provided by this section, a confirmation election
must be conducted as provided by Sections 36.017(b)-(h) (Confirmation and
Directors' Election), Water Code, and the Election Code.  Provides that if
the establishment of the district has not been confirmed at an election
held under this section on or before the second anniversary of the
effective date of this Act, this Act expires.  
 
SECTION 9. TAXING AUTHORITY.  Authorizes the district to levy and collect
an ad valorem tax in the district at a rate not to exceed one cent on each
$100 of assessed valuation.  
 
SECTION 10. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.  Sets forth that
legislative findings have been met. 

SECTION 11.  Emergency clause.
        Effective date: upon passage.

EXPLANATION OF AMENDMENTS

Committee Amendment No.  1.

Deletes Subsection (c) of SECTION 5 which provided that the rights, powers,
privileges, authority, functions, and duties of the district were subject
to the continuing right of supervision of the state, as exercised by and
through the Texas Natural Resource Conservation Commission.