HBA-JLV H.B. 3674 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3674
By: Counts
Natural Resources
7/18/2001
Enrolled


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.  House Bill 3674 creates the Clear Fork
Groundwater Conservation District in Fisher County, subject to voter
approval at a confirmation election. 

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 3674 creates the Clear Fork Groundwater Conservation District
(district), subject to voter approval at a confirmation election to be held
no later than the second anniversary of the effective date of this Act.
The bill provides that the boundaries of the district are coextensive with
the boundaries of Fisher County, Texas. 

The bill provides that the district has all of the rights, powers,
privileges, authority, functions, and duties provided by general law, but
also provides that the district does not have the power of eminent domain.
The bill provides that the district is governed by a board of five
directors (board) and sets forth provisions regarding the composition and
administration of the board and the appointment, qualifications, residency,
and terms of the directors as well as the names of the temporary directors.
The bill sets forth provisions regarding an election to confirm the
establishment of the district and provisions regarding the election of
directors. 

To pay for maintenance and operating costs of the district, the district is
authorized to impose an ad valorem tax at a rate not to exceed five cents
for each $100 of taxable value of property in the district, to assess
general production fees, to 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 board to change the district's name when
the district annexes territory. 

EFFECTIVE DATE

June 17, 2001.