HBA-RBT C.S.H.B. 3813 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3813 By: Kuempel Natural Resources 4/30/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE The Texas Natural Resource Conservation Commission (TNRCC) designated the Hill Country Priority Groundwater Management Area, which includes western Comal County and surrounding counties, in 1990 due to concerns that the Trinity Aquifer would not have the yield to meet the projected use and demand. To protect critical groundwater resources, TNRCC recommended creation of groundwater management districts in counties served by the Trinity Aquifer. C.S.H.B. 3813 establishes the creation of the Southeast Trinity Groundwater Conservation District. 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. SECTION BY SECTION ANALYSIS SECTION 1. CREATION. Creates the Southeast Trinity Groundwater Conservation District (district) subject to approval at a confirmation election. Provides that the district is a governmental agency and a body politic and corporate. Establishes that the district is created under and is essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution. SECTION 2. DEFINITIONS. Defines "district." SECTION 3. BOUNDARIES. Establishes that the boundaries of the district are coextensive with that part of Comal County located within the Hill Country Priority Groundwater Management Area. SECTION 4. FINDING OF BENEFIT. Sets forth findings of benefit for all of the land and property within the district's boundaries. SECTION 5. POWERS. Sets forth rights, powers, privileges, authority, functions, and duties of the district. SECTION 6. BOARD OF DIRECTORS. Provides that the district is governed by a board of five directors. Requires the commissioners court to appoint a director to serve the remainder of the term, if a vacancy occurs in the office of director. Establishes that the temporary directors are appointed and become the initial directors of the district, if creation of the district is confirmed. Sets forth conditions regarding the directors qualifications and term lengths. SECTION 7. TEMPORARY DIRECTORS. Establishes the method for the appointment of a temporary director by the Comal County Commissioners Court. SECTION 8. SINGLE MEMBER DISTRICTS. Requires the temporary directors to draw five numbered single-member districts for electing directors. Authorizes the initial or permanent directors to revise the districts as necessary or appropriate. Requires the board to provide for one director to be elected from each of the single-member districts. Provides that a director elected from a single-member district represents that district. SECTION 9. CONFIRMATION ELECTION. Requires the temporary board of directors to call and hold an election to confirm establishment of the district. Provides that Section 41.001(a), Election Code, does not apply to a confirmation election held as provided by this section. Sets forth conditions regarding an election for the creation of the district. SECTION 10. ELECTION OF DIRECTORS. Sets forth the method of election and length of term for the directors. SECTION 11. ADDITIONAL POWERS. Authorizes the district to contract with one or more state agencies or other governmental bodies to carry out any function of the district. Sets forth conditions for engagement in and promotion of land treatment measures for soil conservation and improvement. Authorizes the district to prepare and implement a plan for the control and management of brush within the district. SECTION 12. PROHIBITED ACTS. Prohibits the district from granting certain rights in or to underground water located in the district. Prohibits the district from assessing an ad valorem property tax that exceeds three cents on each $100 valuation of taxable property in the district. Prohibits the district from requiring the owner of a well drilled before the effective date and used solely for domestic and livestock purposes to install a meter device on the well. SECTION 13. EXEMPT WELLS. Sets forth provisions regarding wells that are and wells that qualify. SECTION 14. PUBLIC WATER SUPPLY WELLS. Sets forth certain conditions regarding public water supplies that are exempt from regulation by the district. Provides that a public water supply well is subject to the district's prohibition of waste of underground water. Establishes that a district construction or operating permit is not required for a public water supply well approved by the commission. Sets forth requirements for any fee paid by a retail public utility to the district. SECTION 15. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. Sets forth findings related to procedural requirements. SECTION 16. EFFECTIVE DATE. Effective date: September 1, 1999. SECTION 17. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute differs from the original by renaming the district the Southeast Trinity Groundwater Conservation District, rather than the Comal County Groundwater Management District. The substitute differs from the original by adding a new SECTION 8 relating to single-member districts. Please also see the Section-by-Section Analysis in this document. The substitute differs from the original by redesignating SECTIONS 8-16 of the original as SECTIONS 9-17 of the substitute.