HBA-RBT H.B. 3853 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3853 By: Hardcastle Natural Resources 5/10/1999 Introduced BACKGROUND AND PURPOSE Currently there is no entity established to manage groundwater in Foard, Hardeman, and Wilbarger counties. In order to mange water resources for agriculture, business, and residential use H.B. 3853 creates the Tri-County Groundwater Conservation District. The proposed district requires approval by the registered voters of the affected counties and limits the taxing authority of the district to not exceed one cent on each $100 of assessed valuation. The legislation allows for interim directors. If confirmed by election, permanent directors will be appointed by the commissioners court of each county in the district. Permanent directors will serve staggered four-year terms. 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 TriCounty Groundwater Conservation District, in Foard, Hardeman, and Wilbarger counties, 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, Article XVI, Texas Constitution. SECTION 2. DEFINITION. Defines "district" as the Tri-County Groundwater Conservation District. SECTION 3. BOUNDARIES. Establishes the boundaries of the district to be coextensive with the boundaries of Foard, Hardeman, and Wilbarger counties. SECTION 4. FINDING OF BENEFIT. Sets forth finding of benefit. SECTION 5. POWERS. (a) Provides that the district has all 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. 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. (b) Provides that notwithstanding Subsection (a) of this section, the following provisions prevail over a conflicting or inconsistent provision of this Act: (1) Sections 36.107-36.108 (Research) and (Joint Planning in Management Area), Water Code; (2) Sections 36.159-36.161(Groundwater District Management Plan Funds), (Funds), and (Eligibility for Funding), Water Code; and (3) Subchapter I (Performance Review and Dissolution), Chapter 36, Water Code. (c) 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. BOARD OF DIRECTORS. (a) Provides that the district is governed by a board of six directors. Two directors are appointed by the commissioners court of each county in the district. (b) 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. (c) Provides that directors other than initial directors serve staggered four-year terms. (d) Provides that a director serves until the director's successor has qualified. (e) Requires the appropriate commissioners court to appoint a director to serve the remainder of the term if there is a vacancy on the board. (f) Requires the appropriate commissioners court to appoint a director to succeed a director on or before the date the director's term expires. (g) Prohibits a director from receiving a salary or other compensation for service as a director but may be reimbursed for actual expenses of attending meetings. SECTION 7. APPOINTMENT AND TERMS OF INITIAL DIRECTORS. Names the initial board of directors and sets forth their terms SECTION 8. CONFIRMATION ELECTION. Requires the board of directors to call and hold an election to confirm the establishment of the district. Provides that Section 41.001(a) (Uniform Election Dates), Election Code, does not apply to a confirmation election held as provided by this section. Provides that except as provided by this section, a confirmation election must be conducted as provided by Sections 36.017(b)-(h) (Confirmation and Directors' Election), Water Code, and the Election Code. Provides that if the establishment of the district has not been confirmed at an election held under this section on or before the second anniversary of the effective date of this Act, this Act expires. SECTION 9. TAXING AUTHORITY. Authorizes the district to levy and collect an ad valorem tax in the district at a rate not to exceed one cent on each $100 of assessed valuation. SECTION 10. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. Sets forth that legislative findings have been met. SECTION 11. Emergency clause. Effective date: upon passage.