HBA-JLV C.S.H.B. 2855 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2855 By: Kuempel Natural Resources 4/10/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE The 76th Texas Legislature created the Southeast Trinity Groundwater Conservation District (district) to protect the quality and use of the Trinity Aquifer, but only granted the district limited authority. The district was required to return to the legislature during the 77th session to continue its existence and receive powers, duties and funding authority. C.S.H.B. 2855 provides for the ratification of the creation of, and the administration, powers, duties, operation, taxing authority, and financing of the Southeast Trinity Groundwater Conservation District. 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. 2855 ratifies the creation of the Southeast Trinity Groundwater Conservation District (district) subject to voter approval at a confirmation election (SECTION 1). The bill sets forth the boundaries of the district and provides that the district has no regulatory jurisdiction over the Edwards Aquifer or any surface water supply. The bill authorizes the board of directors of the district (board) by rule to impose certain fees and sets forth provisions regarding the assessment of fees. The bill also authorizes the district to assess an ad valorem tax not to exceed seven cents per $100 valuation if a majority of the qualified voters voting in an election approve the tax. The bill requires the district to determine which classes of wells are exempt from permitting requirements and provides that fees may not be assessed for groundwater withdrawn from the Edwards Aquifer. The bill prohibits the district from requiring a permit for certain wells and authorizes the district to construct, implement, and maintain best management practices (SECTIONS 3 and 5). The bill sets forth provisions regarding an election to confirm the establishment of the district (SECTION 8). The bill provides that the district is governed by a board of five directors and sets forth provisions regarding the composition and administration of the board, and the appointment, election, qualifications, and terms, of the directors (SECTIONS 6, 7, 8, and 9). H.B. 2855 authorizes the district to coordinate activities with other groundwater districts that regulate the Trinity Aquifer (SECTION 10). EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2855 modifies the original to set forth that provisions authorizing groundwater conservation districts to set fees for administrative acts do not apply to the Southeast Trinity Groundwater Conservation District (district) (SECTION 5). The substitute modifies the original to modify the composition of the temporary board of directors of the district (SECTION 6). The substitute modifies the original to provide that the directors of the district are required to be elected according to the single-member subdistrict method, rather than by the commissioners precincts method. The substitute requires the temporary directors to draw four numbered, single-member subdistricts for electing directors. The substitute authorizes the initial or permanent directors to revise the subdistricts as necessary or appropriate (SECTION 7). The substitute requires the district to contract with the Comal County clerk to conduct the election (SECTION 8).