BSM H.B. 1258 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1258
By: Gallego
Natural Resources
3/11/2001
Committee Report (Amended)



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. 

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.

EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 removes the provision that authorizes the
district to restrict or prohibit the transfer of groundwater from the
district.