HBA-NMO H.B. 3850 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3850
By: Uher
Natural Resources
5/5/1999
Committee Report (Amended)



BACKGROUND AND PURPOSE 

The Texas Constitution provides for the creation of conservation and
reclamation districts.  H.B. 3850 creates the Coastal Plains Groundwater
Conservation District in Matagorda County, subject to 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 Coastal Plains Groundwater Conservation
District in Matagorda County, subject to approval at a confirmation and
initial directors' election under Section 10.  Provides that the district
is a governmental agency and a body politic and corporate.  Provides that
the district is created under Section 59 (Conservation and Development of
Natural Resources; Conservation and Reclamation Districts), Article XVI,
Texas Constitution.  
 
SECTION 2.  DEFINITION. Defines "district" as the Coastal Plains
Groundwater Conservation District. 
 
SECTION 3.  BOUNDARIES. Provides that the boundaries of the district are
coextensive with the boundaries of Matagorda County.  
 
SECTION 4.  FINDING OF BENEFIT.  Sets forth finding of benefit.

SECTION 5.  POWERS.  Provides that the district, except as otherwise
provided by this Act, has all of the rights, powers, privileges, authority,
functions, and duties provided by the general law of this state 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 with 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.  Sets forth the procedure for the
election of directors. 
 
SECTION 7.  BOARD OF DIRECTORS.  Provides that the district is governed by
a board of seven directors. Sets forth the procedure for filling a vacancy
in the office of director.  Provides that a person, to be eligible to serve
as director, must be a registered voter in the precinct from which the
person is elected or appointed if representing a precinct or in the
district if representing the district at large.  
 
SECTION 8.  SERVICE OF DIRECTORS. Provides that temporary directors serve
until initial directors are elected under Section 10.  Provides that
initial directors serve until permanent directors are elected under Section
11.  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 (Sworn Statement, Bond,  and Oath
of Office), Water Code.  
 
SECTION 9.  TEMPORARY DIRECTORS. Sets forth the composition of the
temporary board of directors.  Requires the temporary directors who have
qualified, if a temporary director fails to qualify for office, to appoint
a person to fill the vacancy.  
 
SECTION 10.  CONFIRMATION AND INITIAL DIRECTORS' ELECTION.  Sets forth the
procedure for the confirmation and initial directors' election. 
 
SECTION 11.  ELECTION OF PERMANENT DIRECTORS.  Sets forth the procedure for
the election of permanent directors. 

SECTION 12.  DISTRICT REVENUES.  Authorizes the district, to pay for the
maintenance and operating costs of the district and to pay any bonds issued
by the district, to impose an ad valorem tax at a rate not to exceed two
and one-half cents for each $100 of taxable value of property in the
district, assess fees for services or for water withdrawn from wells, or
solicit and accept grants from any public or private source.  
 
SECTION 13.  STATUTORY INTERPRETATION.  Provides that this Act controls if
there is a conflict between this Act and Chapter 36 (Groundwater
Conservation Districts) or 49 (Provisions Applicable to All Districts),
Water Code.  Provides that Chapter 36 controls if there is a conflict
between Chapters 36 and 49.  
 
SECTION 14.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.  Sets forth
findings related to procedural requirements. 

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

EXPLANATION OF AMENDMENTS

Committee Amendment #1

SECTION 5.  Removes proposed language that would have provided that the
rights, powers, privileges, authority, functions, and duties of the Coastal
Plains Groundwater Conservation District (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 10.  Amends proposed language to provide that this Act expires if
the district is not created before the second, rather than the fifth,
anniversary of the effective date of this Act