HBA-AMW H.B. 3243 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3243
By: Gallego
Natural Resources
3/22/2001
Introduced



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.  House Bill 3243 creates the Kinney County
Groundwater Conservation District, subject to approval at a confirmation
election, to manage Kinney 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 3243 amends law to create the Kinney County Groundwater
Conservation District (district), subject to voter approval at a
confirmation election (SECTION 1).   

The bill provides that the district is governed by a board of seven
directors and sets forth provisions regarding the composition,
administration, and operation of the board, and the qualifications, terms,
and method of electing the directors (SECTIONS 6-10).   

The bill sets forth provisions regarding an election to confirm the
establishment of the district and to elect initial directors (SECTION 9).   

The bill authorizes the district to levy a property tax each year to pay
the maintenance and operating expenses of the district, subject to approval
at an election, at a rate not to exceed 10 cents on each $100 of assessed
valuation.  The district is authorized to assess user fees based on the
amount of water withdrawn from a well.  The fees may not exceed one dollar
per acre-foot for water used for the purpose of irrigating agricultural
crops, 17 cents per thousand gallons for water used for any other purpose,
and the rate of fees for crop or livestock production or other agricultural
uses may not exceed 20 percent of the rate applied to municipal uses.  The
district is also authorized to impose a fee on water exported out of the
district (SECTION 11). 

The bill authorizes the district to exercise the power of eminent domain
(SECTION 5). 

EFFECTIVE DATE

September 1, 2001.