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.