HBA-RBT H.B. 3833 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3833 By: Corte Natural Resources 4/26/1999 Introduced BACKGROUND AND PURPOSE Currently, the northernmost section of Bexar County lies on the Trinity Aquifer. The Trinity is a major water source for the area, yet it is not covered by a groundwater conservation district. H.B. 3833 provides for the creation and administration of a groundwater conservation district in that part of northern Bexar County that uses the water from the Trinity Aquifer. 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 conservation and reclamation district, to be known as the Bexar-Trinity Glen Rose Groundwater Conservation District, in that part of Bexar County overlaying the Trinity Aquifer. 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. Provides that the purpose of the district is to develop and implement regulatory, conservation, and recharge programs that preserve and protect the underground water resources located within the district. SECTION 2. DEFINITIONS. Defines "board" as the board of directors of the district, "district" as the Bexar-Trinity Glen Rose Groundwater Conservation District, and "commission" as the Texas Natural Resource Conservation Commission. SECTION 3. BOUNDARY. Sets forth the boundaries of the district. Authorizes the district to add territory inside the boundaries of the Edwards Aquifer Authority with the consent of the board of directors of the authority in the manner provided by Subchapter J (Adding Territory to District), Chapter 36, Water Code. SECTION 4. FINDING OF BENEFIT. Provides finding 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, 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 disqualification of directors of the district is governed by Section 49.052 (Disqualification of Directors), Water Code. SECTION 6. ELECTION OF DIRECTORS. Requires the directors of the district to be elected according to the specified method provided by this Act. 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. Provides residency requirements of directors. SECTION 8. TEMPORARY DIRECTORS. Provides for temporary directors and the filling of a vacancy. SECTION 9. CONFIRMATION ELECTION. Provides for a confirmation election. SECTION 10. INITIAL DIRECTORS. Provides for initial directors. SECTION 11. SERVICE OF DIRECTORS. Sets forth the terms of temporary directors, permanent directors, and initial directors. SECTION 12. ELECTION OF PERMANENT DIRECTORS. Provides for the election of permanent directors. SECTION 13. DISTRICT FINANCES. Authorizes the board of directors to impose an operation and maintenance tax if approved by a majority of the qualified voters voting at an election called and held for that purpose in the manner provided by Section 36.201 (Levy of Taxes), Water Code. Authorizes the board of directors to impose reasonable fees on each nonexempt well in the district. Authorizes the fees to be assessed annually, based on specified factors. Authorizes the board to use fees as a regulatory mechanism or a revenue-producing mechanism. Requires the board to adopt rules regarding the fee rates, the manner and form for filing reports of fees, and the manner of collecting fees. Provides for securing payment of fees and authorizes specified uses of fees. SECTION 14. ADDITIONAL REGULATORY AUTHORITY. Authorizes the board of directors to require all or certain types of wells to be registered with the district. Establishes exemptions for certain wells. Prohibits an exempt domestic well in the district from serving more than five households. Provides that a well on or serving a tract of land of less than five acres that is installed after the effective date of this Act, regardless of whether a plat is required or whether the production capacity of the well is less than 10,000 gallons per day, is not an exempt well. Provides that this section does not affect the exempt status of public water supply wells under Section 16 of this Act. Authorizes the district to construct, implement, and maintain best management practices in the district, engage in and promote the acceptance of best management practices through education efforts sponsored by the district, include the construction and maintenance of terraces and other structures on land in the district, engage in and promote land treatment measures for soil conservation and improvement, and prepare and implement a plan for the control and management of brush within the district. Authorizes the district to grant an exemption or other relief from ad valorem taxes on property on which a water conservation initiative has been implemented. Requires the district to adopt rules to implement this subsection. Requires a retail public utility to receive the same exemption or relief from ad valorem taxes on property as any other customer of the district would receive. SECTION 15. PROHIBITED ACTS. Lists certain prohibited acts. SECTION 16. PUBLIC WATER SUPPLY WELLS. Exempts a public water supply well from regulation by the district and from payment of fees to the district under certain circumstances. Requires the owner of a public water supply well to register the well with the district and submit reports to the district. Prohibits the district from requiring a construction or operating permit for a public water supply well approved by the commission. Requires a retail public utility that pays fees to the district to be collected directly from the customers of the utility as a regulatory fee and shown as a separate line item on the customer's bill. SECTION 17. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. Sets forth legislative findings. SECTION 18. Emergency clause. Effective date: upon passage.