HBA-JRA H.B. 3831 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3831
By: Hawley
Natural Resources
4/26/1999
Introduced



BACKGROUND AND PURPOSE 

According to the Texas Natural Resource Conservation Commission, the
preferred method of managing underground water supplies and reservoirs is
through a local underground water conservation district.  Refugio County
has a substantial amount of underground water located within the Gulf Coast
Aquifer and the commissioners court is concerned about the management,
conservation, and preservation of those underground water supplies.  H.B.
3831 authorizes the creation of the Refugio County Underground Water
Conservation District upon voter approval. 

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 Refugio Groundwater Conservation
District, subject to approval at a confirmation election under Section 8 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 (Conservation and
Development of Natural Resources;  Conservation and Reclamation Districts),
Article XVI, Texas Constitution. 

SECTION 2.  DEFINITIONS.  Defines "commissioners court" and "district."

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

SECTION 4.  FINDING OF BENEFIT.  Sets forth findings of benefit.

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 (Groundwater Conservation
Districts), Water Code, applicable to groundwater conservation districts
created under Section 59, Article XVI, Texas Constitution.  Provides that
Chapter 49 (Provisions Applicable to All Districts), Water Code, does not
apply to the district.  Provides that this Act prevails over any provision
of general law that is in conflict or inconsistent with this Act. 

SECTION 6.  BOARD OF DIRECTORS.  Provides that the district is governed by
a board of three directors appointed by the commissioners court of Refugio
County.  Sets forth the terms of the directors. 

SECTION 7.  TEMPORARY DIRECTORS.  Requires the commissioners court to
appoint three temporary directors.  Requires the commissioners court to
appoint a person to fill the vacancy if a temporary director fails to
qualify for office or if there is at any time a vacancy on the temporary
board of directors. 

SECTION 8.  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) (Uniform Election Dates),
Election Code, does not apply to a confirmation election.  Provides that a
confirmation election must be conducted as provided by Sections
36.017(b)-(h), Water Code, and the Election Code, except as provided by
this section. 

SECTION 9.  APPOINTMENT OF INITIAL AND PERMANENT DIRECTORS.  Requires the
commissioners court to appoint three persons to serve as initial directors
if the district is created at the confirmation election held under Section
8 of this Act.  Requires the three initial directors to draw lots to
determine which director will serve a term expiring January 15 of the year
following the first anniversary of the confirmation of the district at an
election held under Section 8 and which two directors will serve terms
expiring January 15 of the year following the third anniversary of the
confirmation of the district.  Requires the commissioners court to appoint
a permanent director to serve a four-year term when the term of an initial
director expires. 

SECTION 10.  ADDITIONAL POWERS.  Requires the district, by rule, to
prohibit the sale of groundwater outside the district, except as provided
by this section.  Prohibits the district from prohibiting the sale of
groundwater outside the district by the commissioners court. 

SECTION 11.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.  Sets forth
findings related to procedural requirements. 

SECTION 12.  Provides that this Act expires on the second anniversary of
the effective date of this Act if, before that date, the establishment of
the district has not been confirmed at a confirmation election held under
Section 8 of this Act. 

SECTION 13.  EMERGENCY.  Emergency clause.
Effective date:  upon passage.