HBA-RBT H.B. 3839 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3839
By: Green
Natural Resources
4/26/1999
Introduced



BACKGROUND AND PURPOSE 

H.B. 3839 creates the Hays County Trinity Groundwater Conservation District
to manage water resources in Hays County. 

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 Hays County Trinity Groundwater Conservation District, in Hays
County subject to approval at a confirmation election held under this Act.
Provides that the district is a governmental agency and 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 Hays County Trinity
Groundwater Conservation District, excluding the part of the county within
the boundaries of the Barton SpringsEdwards Aquifer Authority.  
 
SECTION 3.  BOUNDARIES.  Provides that the boundaries of the district are
coextensive with the boundaries of Hays County.  
 
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.   Provides that the district has the power to
limit the transfer of groundwater out of the district.  Sets forth
specified prohibited acts. 

SECTION 6.  FISCAL RESPONSIBILITIES.   Requires the board of directors of
the district annually to prepare a budget that includes the proposed
expenditures and disbursements and the estimated receipts and collections
for the following fiscal year.  Requires the board to hold a public hearing
on the proposed budget.  Provides for notice, approval, and audit of the
budget. 

SECTION 7.  GROUNDWATER STUDIES.  Requires the district by rule to, as
needed but not less frequently than every five years, develop, prepare,
revise, and adopt comprehensive groundwater management plans for the
district.   Sets forth requirements for the plans. 

SECTION 8. COORDINATION WITH OTHER DISTRICTS.  Authorizes the district  to
coordinate its plans with those of another conservation and reclamation
district created under Section 59, Article XVI, Texas Constitution, and may
enter into joint undertakings for the purposes for which the districts are
created.  Sets forth requirements for actions taken under this section. 
 
SECTION 9. BOARD OF DIRECTORS.  Provides that the district is governed by a
board of five directors.  Provides for the qualifications and sets the
terms of the directors, the temporary directors, and the initial directors.
Provides that a director may not receive a salary or other compensation for
service as a director but may be reimbursed for actual expenses of
attending meetings at the rate in effect for employees of Hays County.  
 
SECTION 10. TEMPORARY DIRECTORS.   Provides for the appointment of
temporary directors. 

SECTION 11. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.  Provides for the
confirmation and initial directors' election.  

SECTION 12. ELECTION OF PERMANENT DIRECTORS.  Provides for the election of
permanent directors. 

SECTION 13. ADDITIONAL POWERS AND DUTIES OF DISTRICT.  Defines "commercial
water well" as the meaning determined by the board of directors of the
district but excludes any well that produces water exclusively for use by
an individual or household for residential purposes or that produces less
than 25,000 gallons of water a day.  Authorizes the district to require a
permit for the drilling of a water well in the district on or after the
date the establishment of the district is confirmed at an election under
Section 11 of this Act.  Authorizes the district to set a fee for an
application for a permit.  Prohibits the fee from exceeding the fee
established by the Hays County Commissioners Court for an application for a
permit for an on-site sewage disposal system, except that the fee for an
application for a permit to drill a commercial water well may not exceed
$1,000. Requires the district to use all revenue that is not necessary for
the maintenance and operation of the district to fund annual
hydro-geological studies of aquifers.  Requires the district to use the
studies in the development of a regional and county water development plan.
Provides that the district must use all money collected by the district in
excess of $100,000 each year to issue rebates to residents who participate
in voluntary conservation projects approved by the board, including
rainwater collection, xeriscape planting, and brush clearing.  
 
SECTION 14.  DISSOLUTION OF DISTRICT.  Provides that the dissolution of the
district is governed by Chapter 36, Water Code.  
 
SECTION 15. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.  Sets forth
legislative findings. 

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