HBA-LJP H.B. 787 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 787
By: Gallego
Natural Resources
7/19/2001
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 787 creates the Brewster County
Groundwater Conservation District, subject to approval at a confirmation
election, to manage Brewster 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 787 creates the Brewster County Groundwater Conservation
District (district), subject to voter approval at a confirmation election. 

The bill provides that the district is governed by a board of seven
directors and sets forth provisions regarding the composition and
administration of the board and the appointment, qualifications, and terms
of the directors.  The bill provides that the board is composed of: 

_three members who represent the cities, towns, or population centers;

_three members who represent the rural part of Brewster County; and

_one member who represents Brewster County at large.

The bill sets forth provisions regarding an election to confirm the
establishment of the district. 

The district has the power to limit and to impose fees on the transfer of
groundwater out of the district and requires that the district consider
certain factors in determining a fee or limitation on the transfer. 

The bill prohibits the district from exercising the power of eminent domain
and a representative of the district from entering private property without
the permission of the land owner except to inspect a permitted well and to
ensure compliance with district rules.  The board is authorized to change
the name of the district by resolution if the district annexes territory. 

EFFECTIVE DATE

June 16, 2001.