HBA-LJP H.B. 3625 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3625
By: Green
Natural Resources
3/26/2001
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 3625 ratifies the creation of the
Hays Trinity Groundwater Conservation District, subject to voter approval
at a confirmation election.  

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 3625 ratifies the creation of the Hays Trinity Groundwater
Conservation District (district), subject to voter approval at a
confirmation election to be held no later than the second Saturday in May
2002. 

The bill provides that the district is governed by a board of five
directors and sets forth provisions regarding the appointment,
qualifications, residency, and terms of the directors.  The bill sets forth
provisions regarding an election to confirm the establishment of the
district. 

The bill authorizes the district to limit or prohibit the transfer of
groundwater out of the district.  The bill prohibits the district from
entering property to inspect an exempt well without the property owner's
permission or adopting standards for the construction of a residential well
that are more stringent than state standards for a residential well.  The
bill also authorizes the Hays County Commissioners Court (court) by
resolution to require an election to affirm or reverse a decision by the
board of directors not later than six months after the date of the
decision. 

The bill provides that a well used for domestic purposes by a single
private residential household and producing less than 25,000 gallons per
day and a well used for conventional farming and ranching activities,
excluding such intensive operations as aquaculture, livestock feedlots, or
poultry operations is exempt from requirements relating to groundwater
conservation districts.  The bill prohibits the district from requiring a
permit to construct exempt wells. 

The bill authorizes the court to request a general audit of the performance
of the district or an audit of only one or more district matters and
requires the county auditor to audit the performance of the district at the
written request of the court. 

Except for water utilities that have surface water as the sole source of
water, the bill authorizes the district to levy and collect a water utility
service connection fee not to exceed $300 for each new water service
connection made.  The bill authorizes the district to require a permit for
the construction of each new well and to charge and collect a construction
permit fee not to exceed $300.   

 The bill provides that if the creation of the district is not confirmed at
the election, this Act expires September 1, 2003. 

EFFECTIVE DATE

September 1, 2001.