HBA-KMH H.B. 847 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 847 By: Hilderbran Natural Resources 2/22/1999 Introduced BACKGROUND AND PURPOSE Currently, Blanco County does not have a groundwater conservation district despite determination by the Texas Natural Resource Conservation Commission that it is a "priority groundwater management area." There also exists a shortage of available groundwater, increasing population, and subdivision in the county. H.B. 847 provides for the creation and administration of a groundwater conservation district in Blanco 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 Blanco County Groundwater Conservation District, subject to approval at a confirmation election under Section 9 of this Act. SECTION 2. DEFINITION. Defines "district" as the Blanco County Groundwater Conservation District. SECTION 3. BOUNDARIES. Sets forth that the boundaries of the district are coextensive with the boundaries of Blanco County, Texas. SECTION 4. FINDING OF BENEFIT. Sets forth that creating the above-described district will provide a benefit to the property located within the district. 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 this Act prevails over any provision of general law that is in conflict or inconsistent with this Act. Provides continuing jurisdiction by the state over the district through the Texas Natural Resource Conservation Commission. SECTION 6. ELECTION OF DIRECTORS. Requires the directors of the district to be elected according to the commissioners precinct method as provided by this Act. Sets forth the method of election of commissioners for the district. SECTION 7. BOARD OF DIRECTORS. Provides that the district is governed by five directors. Requires a vacancy to be filled by appointment until the next election of that position. Sets forth eligibility requirements of a director as being a registered voter in the precinct in which the person is elected or appointed, or in the district if representing the district at large. SECTION 8. TEMPORARY DIRECTORS. Sets forth the names and seats of the temporary directors. Requires the temporary directors who have qualified to appoint a person to fill a vacancy created by a person who is designated as a temporary director but does not qualify. Requires the commission to appoint the necessary number of persons to fill all vacancies on the board if at any time there are fewer than three qualified temporary directors. SECTION 9. CONFIRMATION ELECTION. Requires the temporary board of directors to call and hold an election to confirm 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. Requires the temporary directors to file a copy of the election results with the commission declaring that the district is either created or defeated by a majority of the votes cast. Authorizes the temporary directors to hold subsequent elections, no earlier than the first anniversary after the date on which the previous election was held and no later than five years after the effective date of this Act to confirm establishment of the district. Provides that a confirmation election must be conducted in accordance with Sections 36.017(b)-(h)(Confirmation and Directors' Election), Water Code, and the Election Code. SECTION 10. INITIAL DIRECTORS. Requires the temporary directors to become initial directors if creation of the district is confirmed under Section 9 of this Act. Designates the order of election for each seat subsequent to the confirmation of the district. SECTION 11. SERVICE OF DIRECTORS. Sets forth that temporary directors serve until the temporary directors become initial directors or expiration of this Act, whichever is earlier. Sets forth that initial directors serve until permanent directors are elected under Section 12 of this Act, that permanent directors serve staggered four-year terms, and until the director's successor has been qualified. 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. SECTION 12. ELECTION OF PERMANENT DIRECTORS. Requires an election to be held in the district on the first Saturday in May every two years beginning in the second year after the year in which the district is created. SECTION 13. TAX RATE. Prohibits the board of directors from levying and collecting a maintenance tax that exceeds the rate approved by the majority of the qualified voters voting in the election authorizing the tax unless another election is held to approve authorizing a greater rate of assessments. Authorizes the board of directors to annually levy and collect a maintenance and operating tax at a rate not to exceed 10 cents on each $100 of assessed valuation, notwithstanding Section 36.201, Water Code. SECTION 14. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. Sets forth the findings relating to the procedural requirements of passage of this Act. SECTION 15.Emergency clause. Effective date: upon passage.