EDN H.B. 3655 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3655
By: Kolkhorst
Natural Resources
7/18/2001
Enrolled



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 3655 creates the Bluebonnet
Groundwater Conservation District, subject to approval at a confirmation
election, to manage groundwater resources in Grimes, Washington, Waller,
Austin, and Walker counties. 

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 3655 creates the Bluebonnet Groundwater Conservation District
in Grimes, Washington, Waller, Austin, and Walker counties, subject to
approval at a confirmation election (SECTION 1).  

The bill provides that the district is governed by a board composed of not
fewer than 8 or more than 20 directors and sets forth provisions regarding
the composition and administration of the board and the appointment,
qualifications, and terms of the directors.  The bill sets forth provisions
regarding an election to confirm the establishment of the district
(SECTIONS 12-15). 

The bill provides that the district does not have the authority to exercise
the power of eminent domain or levy taxes.  The bill authorizes the board
by rule to impose fees on each well for which a permit is issued by the
district and which is not exempt from regulation by the district.  The bill
authorizes a fee to be based on the size of column pipe used by the well or
on the actual, authorized or anticipated amount of water to be withdrawn
from the well.  The bill prohibits such fees from exceeding one dollar per
acre foot payable annually for water used for agriculture or 17 cents per
thousand gallons for water used for any other purpose.  The bill authorizes
the district to impose a reasonable fee or surcharge for an export fee on
groundwater from a well that is produced for transport outside the district
(SECTIONS 5 and 6).   

The bill sets forth provisions regarding permits for wells and exemptions
from such permits (SECTIONS 7 and 10).    
  
EFFECTIVE DATE

September 1, 2001.