HBA-GUM H.B. 3814 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3814
By: Counts
Natural Resources
4/13/1999
Introduced



BACKGROUND AND PURPOSE 

Stonewall County contains several tributaries which flow into the Salt Fork
of the Brazos River and serve as major contributors to the salt content of
the Brazos River.  The salt content of the creek predominately comes from
seeps and springs in Stonewall and King Counties.  Further studies of the
area would provide recommendations for methods that may control salt
intrusion and improve water quality in the area.  An entity is needed in
Stonewall County to oversee the implementation of feasibility studies in
the area sponsored by the Federal Economic Development Administration.
Current law allows for the creation of special utility districts under
Section 65.011 (Creation of District), Water Code, and Section
59(Conservation and development of natural resources; conservation and
reclamation districts), Article XVI, Texas Constitution.  H.B. 3814 creates
and sets forth the purpose, powers, and duties of the Salt Fork Water
Quality 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.  (a)  Creates the Salt Fork Water Quality District in
Stonewall County. Provides that the district is a governmental agency and a
body politic and corporate. 

(b)  Provides that the district is created under and essential to
accomplish the purposes of Section 59 (Conservation and development of
natural resources; conservation and reclamation districts), Article XVI,
Texas Constitution. 

SECTION 2.  DEFINITION.  Defines "district" in this Act as the Salt Fork
Water Quality District. 

SECTION 3.  BOUNDARIES.  Provides that the boundaries of the district are
coextensive with the boundaries of Stonewall County. 

SECTION 4.  ANNEXATION OF AREA IN DISTRICT BY MUNICIPALITY.  (a)  Provides
that Subchapter D (Annexation Provisions Relating To Special Districts),
Chapter 43, Local Government Code, does not apply to the district.
Provides that the existence of the district does not affect municipal
annexations or boundaries, and that municipal annexations or boundary
changes do not affect the district or require assumption of its assets or
liabilities. 

SECTION 5.  FINDING OF BENEFIT.  Provides that the land and other property
included within the boundaries of the district benefit by the works and
projects that are to be accomplished by the district under powers conferred
by Section 59 (Conservation and development of natural resources;
conservation and reclamation districts), Article XVI, Texas Constitution.
Provides that the district is created to serve a public use and benefit. 

SECTION 6.  PURPOSE; POWERS; TAXES PROHIBITED.  (a)  Provides that the
district is created to improve, preserve, and protect the quality of the
waters of the Salt Fork, and to control and remove salt and other
substances affecting those waters. 

 (b)  Establishes that the district has the rights, privileges, powers, and
duties provided by the general law of this state.  Prohibits the district
from levying or collecting taxes. 

(c)  Authorizes the district to construct, acquire, own, lease and operate
facilities; enter into agreements with, and accept assistance from, this
state and entities of this state; borrow money and issue evidences of
indebtedness, if approved by resolution or order adopted by the district's
board of directors (board); and sell products on terms approved by the
board. 

(d)  Provides that the rights, privileges, powers, and duties of the
district are subject to the supervision of the Texas Natural Resource
Conservation Commission (TNRCC).  Provides that the bonds or facilities
approved or inspected by the Texas Water Development Board are not required
to be approved or inspected by TNRCC. 

(e)  Provides that this Act prevails over a provision of general law that
is in conflict or inconsistent with this Act. 

SECTION 7.  BOARD OF DIRECTORS.  Provides that the district is governed by
a board of five directors who meet the director qualifications of Section
49.055 (Sworn Statement, Bond, and Oath of Office), Water Code.  Provides
that permanent directors serve concurrent two-year terms or until a
director's successor has qualified.  Provides that initial directors serve
until permanent directors are elected under SECTION 9 of this Act. 

SECTION 8.  INITIAL DIRECTORS.  Appoints certain specified persons by name
to the initial board. 

SECTION 9.  ELECTION OF PERMANENT DIRECTORS.  Requires five permanent
directors to be elected on the uniform election date established by the
Election Code in May of each evennumbered year, unless the board determines
a different election date as provided by Chapter 65 (Special Utility
Districts), Water Code. 

SECTION 10.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.   Provides that
all requirements of the constitution and laws of this state and the rules
and procedures of the legislature with respect to the notice, introduction,
and passage of this Act have been fulfilled and accomplished accordingly. 

SECTION 11.  EMERGENCY.  Emergency clause.
                               Effective date: upon passage.