HBA-LJP H.B. 3543 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3543
By: Hilderbran
Natural Resources
3/26/2001
Introduced



BACKGROUND AND PURPOSE 

Texas faces a difficult challenge to develop 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.  The Headwaters Underground Water Conservation
District was created by the Texas Legislature in 1991 to oversee the
groundwater issues in Kerr County.  House Bill 3543 renames the Headwaters
Underground Water Conservation District as the Headwaters Groundwater
Conservation District (district) and provides for other modifications to
conform the district with other groundwater districts. 

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 3543 amends law to modify the name of the Headwaters Underground
Water Conservation District to the Headwaters Groundwater Conservation
District (district). 

The bill provides that the district is governed by a board of directors and
sets forth provisions regarding the election, qualifications, and terms of
the directors.  The bill provides that the board is composed of five
directors, one from each of the county commissioners precincts and one from
the entire district. 

The bill authorizes, rather than requires, the district to contract with
Kerr County or certain river authorities for services available from the
county or river authority.  The bill also authorizes a district to charge a
production fee for water transported out of the district, based on local
aquifer storage and recovery project costs, for the introduction of water
into the local aquifers or other conservation programs.  The bill requires
the attorney general to represent the district in a state court or any
court of the United States, at the request of the district, and to provide
legal assistance as required by the district.   

The bill repeals the prohibition on the district to sell, donate, lease, or
otherwise grant rights to underground water located in the district.  The
bill sets forth provisions regarding the implementation of this Act. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.