HBA-LJP H.B. 1038 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1038
By: Cook
Natural Resources
2/15/2001
Introduced



BACKGROUND AND PURPOSE 

Texas faces a difficult challenge to develop water policies that serve both
state and regional interests. The Texas Constitution authorizes the
creation of groundwater conservation districts to plan, develop, and
regulate the use of water. House Bill 1038 creates the Coastal Bend
Groundwater Conservation District to manage Wharton County's groundwater
resources. 

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. 

ANALYSIS

House Bill 1038 creates the Coastal Bend Groundwater Conservation District
(district) in Wharton County, subject to voter approval at a confirmation
election (SECTIONS 1, 3, and 10).  To pay for the maintenance and operating
costs of the district, the bill authorizes the district to: impose
stipulated ad valorem taxes; assess general production fees; solicit and
accept grants from any public or private source; and assess a transfer fee
on water exported from the district (SECTION 12). 

The bill requires the district to adopt rules to: require the permitting of
all stipulated water wells; provide for the prevention of certain waste;
provide for timely capping or plugging of abandoned wells; and require a
report with specified information to be filed with the district on all new,
nonexempt water wells.  The bill also requires the district to complete
certain procedures and coordinate with adjacent districts to provide
regional continuity in groundwater resource management (SECTION 6). 

H.B. 1038 provides that the district is governed by a board of five
directors and sets forth provisions regarding the composition and
administration of the board and the election, qualification, and terms of
the directors (SECTIONS 7, 8, 9, 10 and 11). 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.