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


Office of House Bill AnalysisC.S.H.B. 3243
By: Gallego
Natural Resources
4/4/2001
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. 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

C.S.H.B. 3243 creates 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 (board) 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 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).  The bill authorizes the board to change the district's name
when the district annexes territory (SECTION 12). 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3243 modifies the original bill by requiring the commissioners
court to appoint a director to the board of directors (board) of the Kinney
County Groundwater Conservation District (district) to fill a vacancy to
serve until the next election for directors, rather than authorizing the
commissioners court to appoint a director to serve the remainder of the
term.  The substitute adds new language to require a person elected to fill
the position, if the position is not scheduled to be filled at the
election, to serve only for the remainder of the unexpired term (SECTION
6).   
 
The substitute removes the stipulation in the original bill that provisions
regarding a district's management plan, funding, and performance review and
dissolution of a district prevail over a conflicting or inconsistent
provision of the Act (SECTION 5).  The substitute removes the provision in
the original bill that authorized the district to assess user fees based on
the amount of water withdrawn from a well (SECTION 11).  The substitute
adds new language to authorize the board of directors to change the
district's name when the district annexes territory (SECTION 12).