HBA-JLV H.B. 2855 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2855
By: Kuempel
Natural Resources
3/15/2001
Introduced



BACKGROUND AND PURPOSE 

The 76th Texas Legislature created the Southeast Trinity Groundwater
Conservation District (district) to protect the quality and use of the
Trinity Aquifer, but only granted the district limited authority.  The
district was required to return to the legislature during the 77th session
to continue its existence and receive powers, duties and funding authority.
House Bill 2855 provides for the ratification of the creation of, and the
administration, powers, duties, operation, taxing authority, and financing
of the Southeast Trinity Groundwater Conservation District. 

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 2855 amends law to ratify the creation of the Southeast Trinity
Groundwater Conservation District (district) subject to voter approval at a
confirmation election (SECTION 1).  The bill sets forth the boundaries of
the district and provides that the district has no regulatory jurisdiction
over the Edwards Aquifer or any surface water supply.  The bill authorizes
the board of directors of the district (board) by rule to impose certain
fees and sets forth provisions regarding the assessment of fees.  The bill
also authorizes the district to assess an ad valorem tax not to exceed
seven cents per $100 valuation if a majority of the qualified voters voting
in an election approve the tax.  The bill requires the district to
determine which classes of wells are exempt from permitting requirements
and provides that fees may not be assessed for groundwater withdrawn from
the Edwards Aquifer.   The bill prohibits the district from  requiring a
permit for certain wells and authorizes the district to construct,
implement, and maintain best management practices (SECTIONS 3 and 5). 

The bill sets forth provisions regarding an election to confirm the
establishment of the district (SECTION 8).  The bill 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
appointment, election, qualifications, and terms, of the directors
(SECTIONS 6, 7, 8, and 9). 

H.B. 2855 authorizes the district to coordinate activities with other
groundwater districts that regulate the Trinity Aquifer (SECTION 10). 

EFFECTIVE DATE

September 1, 2001.