76(R) HB 3839 House committee report

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


Office of House Bill AnalysisC.S.H.B. 3839
By: Green
Natural Resources
5/11/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

C.S.H.B. 3839 creates the Hays 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 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. Provides that except as provided by Section 12
of this Act, Sections 36.117(f) and (g) (Exemptions; Exceptions;
Limitations), Water Code, do not apply to the district. 

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 for the budget. 

SECTION 7. 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 to
enter into joint undertakings for the purposes for which the districts are
created.  Sets forth requirements for actions taken under this section. 
 
SECTION 8. 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 9. TEMPORARY DIRECTORS.   Provides for the appointment of temporary
directors. 

SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.  Provides for the
confirmation and initial directors' election.  

SECTION 11. ELECTION OF PERMANENT DIRECTORS.  Provides for the election of
permanent directors. 

SECTION 12. ADDITIONAL POWERS AND DUTIES OF DISTRICT.  Authorizes the
district to require a water well drilled in the district on or after the
date the establishment of the district is confirmed at an election under
Section 10 of this Act to be registered with the district before drilling.
Authorizes the district to set a registration fee.  Prohibits the fee from
exceeding $1,000 except for a well described by Sections 36.117(a)(1)-(5),
Water Code.  Prohibits the registration fee for a well described by
Sections 36.117(a)(1)-(5), Water Code, from exceeding the fee established
by the Hays County Commissioners Court for an application for a permit for
an on-site sewage disposal system. Requires the district to use all
revenue, except for the revenue that is used for rebates, 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 $120,000 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. Authorizes
the district to annex land adjacent to the district on petition of the
landowner as provided by Subchapter J (Adding Territory to District),
Chapter 36, Water Code. 
 
SECTION 13.  DISSOLUTION OF DISTRICT.  Provides that the dissolution of the
district is governed by Subchapter I (Performance Review and Dissolution),
Chapter 36, Water Code. Requires the board of directors of the district to
order an election on the question of dissolving the district and disposing
of the district's assets and obligations if the board receives a petition
requesting an election that is signed by a number of residents of the
district equal to at least two percent of the registered voters in the
district and the district has no outstanding bonded indebtedness.  Sets
forth the timing and required content of the order calling for the
election.  Sets forth publication and notice requirements.  Sets forth
actions required of the board following the election. 
 
SECTION 14. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.  Sets forth
legislative findings. 

SECTION 15.  Emergency clause.
        Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original in the by changing the name of the
district to the Hays Trinity Groundwater Conservation District from the
Hays County Trinity Groundwater Conservation District in the heading and
throughout the Act. 

The substitute differs from the original in SECTION 1 by making conforming
changes. 

The substitute differs from the original in SECTION 5 by providing that
Section 36.117(f) and (g) (Exemptions; Exceptions; Limitations), Water
Code, do not apply to the district and deleting Subsections (d) and (e) of
the original which would have authorized the Hays County Commissioners
Court to overrule a decision of the board of directors of the district and
subjected the district to supervision of the state through the Texas
Natural Resource Conservation Commission.  Makes a conforming change. 

The substitute differs from the original in SECTION 6 by deleting
Subsections (c) and (d) which would have provided for approval and audit of
the budget. 

 The substitute differs from the original by deleting SECTION 7 which would
have required the district, by rule, to develop, prepare, revise, and adopt
groundwater management plans for the district.  

The substitute differs from the original by redesignating SECTIONS 8-16 of
the original as SECTIONS 7-15 of the substitute, respectively, and making
conforming changes throughout the Act. 

The substitute differs from the original in SECTION 12 of the substitute by
setting forth a regulatory scheme for registration of a well, rather than
the permits described in SECTION 13 of the original. The substitute also
requires revenues collected in excess of $120,000, rather than $100,000 in
the original, to be used for rebates.  The substitute does not define
"commercial water well", which was defined in the original.  The substitute
adds a new Subsection (d) to authorize a district to annex land adjacent to
the district on petition of the landowners as provided by Subchapter J
(Adding Territory to District), Chapter 36 (Groundwater Conservation
Districts), Water Code. 

The substitute differs from the original in SECTION 13 of the substitute by
adding subsections specifying the procedure to be followed in the event of
a petition for dissolution.