HBA-BSM H.B. 1258 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1258 By: Gallego Natural Resources 7/19/2001 Enrolled BACKGROUND AND PURPOSE Texas faces a difficult challenge to develop water policies that serve state and regional interests. The Texas Constitution authorizes the creation of groundwater conservation districts to plan, develop, and regulate the use of water. House Bill 1258 ratifies the creation of the Middle Pecos Groundwater Conservation District, subject to approval at a confirmation election, to manage Pecos 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 House Bill 1258 amends law to ratify the creation of the Middle Pecos Groundwater Conservation District (district) in Pecos County, subject to voter approval at a confirmation election. The bill provides that the rights, powers, privileges, authority, functions, and duties of the district are not subject to the continuing right of supervision of the state through the Texas Natural Resource Conservation Commission. In addition to other fees assessed by the district, the district is authorized to assess an additional fee on groundwater transferred out of the district not to exceed 10 percent of the amount of the fee assessed for the production of water for use within the district. The district is prohibited from imposing any additional rules or regulations on the production of groundwater for use outside of the district than imposed upon production for in-district use. H.B. 1258 provides that the district is governed by a board of eleven directors and sets forth provisions regarding the composition and administration of the board and the election, qualifications, and terms of the directors. The bill sets forth provisions regarding an election to confirm establishment of the district. EFFECTIVE DATE September 1, 2001.