HBA-NMO S.B. 1911 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1911
By: Brown
Natural Resources
5/19/1999
Engrossed


BACKGROUND AND PURPOSE 

Since 1951, the Texas Legislature has enacted legislation creating over 40
groundwater conservation districts.  Members of this legislature have filed
legislation proposing to create more than 20 new groundwater conservation
districts, many of them single-county districts.  However, some have
expressed concern regarding the basing of the boundaries of many of these
proposed districts on political, rather than hydrological, criteria, which
could undermine the ability of a district to  manage an underlying aquifer
consistent with the powers and duties of Chapter 36 (Groundwater
Conservation Districts), Water Code, or with the long-range water
management planning envisioned by Senate Bill 1 of the 75th Texas
Legislature.  S.B 1911 creates 21 groundwater conservation districts,
subject to respective confirmation elections and ratification by the 77th
Texas Legislature. 

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.  (a) Creates:
(1)  Bergesland Groundwater Conservation District;
(2)  Blanco-Pedernales Groundwater Conservation District;
(3)  Brazos Valley Groundwater Conservation District;
(4)  Brewster Groundwater Conservation District;
(5)  Coastal Bend Groundwater Conservation District;
(6)  Coastal Plains Groundwater Conservation District;
(7)  Crossroads Groundwater Conservation District;
(8)  Hays Trinity Groundwater Conservation District;
(9)  Lavaca Groundwater Conservation District;
(10)  Lone Wolf Groundwater Conservation District;
(11)  Lost Pines Groundwater Conservation District;
(12)  McMullen Groundwater Conservation District;
(13)  Middle Pecos Groundwater Conservation District;
(14)  Presidio Groundwater Conservation District;
(15)  Red Sands Groundwater Conservation District;
(16)  Refugio Groundwater Conservation District;
(17)  Southeast Trinity Groundwater Conservation District;
(18)  Texana Groundwater Conservation District;
(19)  Trans-Pecos Groundwater Conservation District;
(20)  Tri-County Groundwater Conservation District; and
(21)  Trinity Glen Rose Groundwater Conservation District.
 
(b)  Provides that a district created under this section is a governmental
agency and a body politic and corporate. 
 
(c)  Provides that each district created under this section is created
under Section 59 (Conservation and Development of Natural Resources;
Conservation and Reclamation Districts), Article XVI, Texas Constitution. 

 SECTION 2.  BOUNDARIES.  Sets forth the boundaries of the groundwater
conservation districts created under Section 1. 

SECTION 3.  DEFINITION.  Defines "district."

SECTION 4.  FINDING OF BENEFIT.  Sets forth a finding of benefit.

SECTION 5.  AUTHORITY OF TEMPORARY DIRECTORS.  Sets forth the authority of
the temporary directors of a groundwater conservation district created
under Section 1 (district). 

SECTION 6.  MORATORIUM ON ADOPTION OF LONG-TERM MANAGEMENT PLANS. Prohibits
a district, to ensure consistency of district long-term management plans
with the regional planning process authorized by Chapter 1010, Acts of the
75th Legislature, Regular Session, 1997 (S.B. 1), from adopting the
comprehensive management plan required by Section 36.1071 (Management
Plan), Water Code, before September 1, 2001.  

SECTION 7.  INITIAL BOARD OF DIRECTORS.  Prohibits the election of the
initial directors until after September 1, 2001. 

SECTION 8.  TEMPORARY DIRECTORS.  Sets forth the appointment of district
temporary directors. 

SECTION 9.  ORGANIZATIONAL MEETING.  Sets forth the procedure regarding an
organizational meeting. 

SECTION 10.  CONFIRMATION AND INITIAL DIRECTORS' ELECTION.  Sets forth
procedures for the confirmation and initial directors' election. 

SECTION 11.  ELECTION OF PERMANENT DIRECTORS.  Sets forth the procedure
regarding the election of permanent directors. 

SECTION 12.  FEES.  Authorizes the temporary, initial, or permanent
directors of the district, by rule, to impose certain reasonable fees.
Sets forth provisions regarding fees. 

SECTION 13.  ELECTIONS.  Prohibits the temporary directors of a district,
prior to September 1, 2001, from holding an election for the imposition of
a tax. 

SECTION 14.  MODIFICATION OF THE DISTRICT.  Authorizes the modification of
a district by subsequent acts of the Texas Legislature.  Authorizes that
the modification be in response to the recommendations of an interim study
or committee.  

SECTION 15.  STATUTORY INTERPRETATION.  Provides that this Act, unless
otherwise provided by this Act, controls, if there is a conflict between
this Act and Chapter 36, Water Code. 

SECTION 16.  RATIFICATION OF DISTRICT CREATION.   Provides that a district
is dissolved effective September 1, 2001, if the 77th Legislature does not
take action to ratify the district. Provides that a district that is
dissolved under this section has no further authority, except requiring the
payment of any debts incurred and the maintenance of the organization of
the district until all debts are paid.   

SECTION 17.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.  Sets forth
findings related to procedural requirements. 

SECTION 18.  EFFECTIVE DATE.  Effective date: September 1, 1999.

SECTION 19.  EMERGENCY.  Emergency clause.