HBA-RBT H.B. 3816 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3816
By: Cook
Natural Resources
4/20/1999
Introduced



BACKGROUND AND PURPOSE 

Texas faces a difficult challenge to develop water policies that serve
state and regional interests.  The Texas Constitution provides that
groundwater conservation districts can be created to plan, develop, and
regulate the use of water. 

HB 3816 creates the Wharton County Groundwater Conservation District,
subject to approval at a confirmation election, to manage the county's
water 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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  CREATION.  Creates a groundwater conservation district, to be
known as the Wharton County Groundwater Conservation District, in Wharton
County, subject to approval at a confirmation election under Section 9 of
this Act.  Provides that the district is a governmental agency and a body
politic and corporate.  Provides that the district is created under and is
essential to accomplish the purposes of Section 59, Article XVI, Texas
Constitution.  
 
SECTION 2. DEFINITION.  Defines "district" to mean the Wharton County
Groundwater Conservation District.  
 
SECTION 3.  BOUNDARIES.  Provides that the boundaries of the district are
coextensive with the boundaries of Wharton County.  
 
SECTION 4.  FINDING OF BENEFIT.  Provides that all of the land and other
property included within the boundaries of the district will be benefitted
by the works and projects that are to be accomplished by the district under
powers conferred by Section 59, Article XVI, Texas Constitution.  
SECTION 5. POWERS.  Provides that the district has all of the rights,
powers, privileges, authority, functions, and duties provided by the
general law of this state, including Chapter 36, Water Code, applicable to
groundwater conservation districts created under Section 59, Article XVI,
Texas Constitution.  Provides that this Act prevails over any provision of
general law that is in conflict or inconsistent with this Act.  Provides
that the rights, powers, privileges, authority, functions, and duties of
the district are subject to the continuing right of supervision of the
state to be exercised by and through the Texas Natural Resource
Conservation Commission.  
 
SECTION 6.  ELECTION OF DIRECTORS.   Requires the directors of the district
to be elected according to the commissioners precinct method as provided by
this Act.  Sets forth the procedures for the elections. 
 
SECTION 7.  BOARD OF DIRECTORS.  Provides that the district is governed by
a board of five directors.   Sets forth the procedures to be followed in
the event of a vacancy.  Sets forth the eligibility qualifications of a
director. 
 
 SECTION 8.  TEMPORARY DIRECTORS.   Names the temporary board of directors
and provides for filling vacancies. 

SECTION 9.  CONFIRMATION AND INITIAL DIRECTORS' ELECTION.  Requires the
temporary board of directors to call and hold an election to confirm
establishment of the district and to elect initial directors.  Sets forth
requirements for the election. 

SECTION 10.  SERVICE OF DIRECTORS.  Provides that the temporary directors
serve until initial directors are elected under Section 9 of this Act.
Provides that initial directors serve until permanent directors are elected
under Section 11 of this Act. Provides that permanent directors serve
staggered four-year terms.  Provides that a director serves until the
director's successor has qualified.  Provides that each director must
qualify to serve as director in the manner provided by Section 36.055,
Water Code.  
 
SECTION 11.  ELECTION OF PERMANENT DIRECTORS.  Sets forth requirements for
electing permanent directors. 

SECTION 12. PROPERTY TAX.  Authorizes the  district to impose an annual ad
valorem tax on property located in the district if the tax is approved by
the majority of the qualified voters in the district in an election called
and held for that purpose.  Prohibits the district from imposing a tax at a
rate higher than that approved at an election.   Authorizes the district to
include a proposition for the voters to approve an annual ad valorem tax.
Prohibits the tax rate from exceeding two cents for each $100 valuation.  
 
SECTION 13.  ELECTION TO APPROVE BONDS OR NOTES.  Prohibits the district
from issuing or selling bonds or notes unless the action is approved by a
majority of the voters of the district voting at an election called and
held for that purpose.  
 
SECTION 14.  DISTRICT NAME.  Authorizes the board of directors to change
the district's name.  
 
SECTION 15.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.  States that
this Act complies with all procedural requirements of notice, introduction,
and passage, required by law. 

SECTION 16.  Emergency clause.
        Effective date: upon passage.