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


Office of House Bill AnalysisC.S.H.B. 3625
By: Green
Natural Resources
4/16/2001
Committee Report (Substituted)



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.  C.S.H.B. 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

C.S.H.B. 3625 ratifies the creation of the Hays Trinity Groundwater
Conservation District (district), 
subject to voter approval at a confirmation election (SECTIONS 1-3).

The bill provides that the district is governed by a board of five
directors from five single-member districts and sets forth provisions
regarding the qualifications, election, and terms of the directors.  The
bill sets forth provisions regarding an election to confirm the
establishment of the district and provides that any other elections held by
the district must be scheduled to coincide with a general election in May
or November (SECTIONS 7-11, and 14). 

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 (SECTION 4). 

The bill provides that a well used for domestic purposes by a single
private residential household 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 (SECTION 5). 

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 (SECTION 6). 

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 prohibits the district from
imposing a tax or assessing or collecting any additional fees (SECTION 12). 
 
The bill provides that if the creation of the district is not confirmed at
the election, this Act expires September 1, 2003 (SECTION 14). 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3625 modifies the original to provide that the five directors of
the governing board of the Hays Trinity Groundwater Conservation District
are elected from five single-member districts and to remove provisions
regarding the residency requirements and the appointment of the directors.
The substitute sets forth additional provisions regarding the
qualifications, the election, and terms of the directors (SECTIONS 7-10).
The substitute provides that any other elections held by the Hays Trinity
Groundwater Conservation District (district) must be scheduled to coincide
with a general election in May or November (SECTION 11).  The substitute
prohibits the district from imposing a tax or assess or collect any
additional fees (SECTION 12).  The substitute also removes a provision from
the original which authorized the district to limit or prohibit the
transfer of groundwater out of the district.