HBA-AMW, LJP C.S.H.B. 1081 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1081
By: Cook
Natural Resources
3/1/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Texas faces a difficult challenge in developing water policies that serve
both state and regional interests. The Texas Constitution authorizes the
creation of groundwater conservation districts to plan, develop, and
regulate the use of water.  C.S.H.B. 1081 creates the Colorado Valley
Groundwater Conservation District, subject to approval at a confirmation
election, to manage Fayette County's groundwater resources. 

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. 

ANALYSIS

C.S.H.B. 1081 amends law to create the Colorado Valley Groundwater
Conservation District (district) (SECTION 1).  To pay the maintenance and
operating costs of the district and to pay any bonds or notes issued by the
district, the bill authorizes the district to impose a stipulated ad
valorem tax, subject to voter approval, assess fees, and solicit and accept
grants (SECTION 12).  

The bill prohibits the district from issuing or selling bonds or notes
payable from any source unless the action is approved by a majority of the
voters of the district voting at an election called and held for that
purpose (SECTION 13). 

The bill requires the district to perform certain duties and coordinate
with adjacent districts to provide regional continuity in groundwater
resource management (SECTION 6). 

C.S.H.B. 1081 provides that the district is governed by a board of five
directors and sets forth provisions regarding the composition, operation,
and administration of the board, the board's general powers, temporary
directors, and the election, qualification, and terms of the directors
(SECTIONS 5, 7, 8, 9, 10, and 11).  The bill authorizes the board to change
the district's name by resolution, and sets forth provisions regarding an
election to confirm the establishment of the district and to elect initial
directors (SECTION 10 and 14).  

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1081 differs from the original bill by changing the name of the
Fayette County Groundwater Conservation District to the Colorado Valley
Groundwater Conservation District (SECTIONS 1 and 2). The substitute also
adds the authorization for the temporary directors of the district to hold
a subsequent election to confirm the establishment of the district if, at
the initial election, a majority of the votes are cast against the creation
of the district.  The bill prohibits the subsequent election from being
held earlier than  the first anniversary of the date of the initial
election (SECTION 10).