HBA-LJP H.B. 3642 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3642
By: Counts
Natural Resources
4/10/2001
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 3642 creates the Lower Seymour
Groundwater Conservation District, subject to approval at a confirmation
election, to manage Jones 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 3642 creates the Lower Seymour Groundwater Conservation District
(district) in Jones County, subject to voter approval at a confirmation
election (SECTIONS 1-3). 

The bill provides that the district is governed by a board of five
directors and sets forth provisions regarding the election, qualifications,
and terms of the directors as well as the names of the five temporary
directors. The bill sets forth provisions regarding an election to confirm
establishment of the district (SECTIONS 610).  The bill authorizes the
board of directors to change the district's name when the district annexes
territory (SECTION 13). 

H.B. 3642 authorizes the district to assess general production fees,
solicit and accept grants from any public or private source and to assess a
transfer fee on water exported from the district. The bill authorizes the
district, subject to voter approval, to impose an ad valorem tax of not
more than five cents for each $100 of taxable value of property in the
district to pay the maintenance and operating costs of the district
(SECTION 11). 

EFFECTIVE DATE

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

EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 modifies the date of the election of the
directors of the Lower Seymour Groundwater Conservation District (district)
from the first Saturday in May of the first even-numbered year after the
confirmation election of the district to the first Saturday in May of the
second year after the confirmation election (SECTION 10).  The amendment
clarifies that the first election of directors after the county
commissioners precincts are redrawn is the election of directors of the
district (SECTION 8).