HBA-LJP C.S.H.B. 787 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 787 By: Gallego Natural Resources 3/9/2001 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. 787 creates the Brewster County Groundwater Conservation District, subject to approval at a confirmation election, to manage Brewster 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 C.S.H.B. 787 creates the Brewster County Groundwater Conservation District (district), subject to voter approval at a confirmation election. The bill provides that the district is governed by a board of seven directors and sets forth provisions regarding the composition and administration of the board and the appointment, qualifications, and terms of the directors. The bill provides that the board is composed of: _three members who represent the cities, towns, or population centers; _three members who represent the rural part of Brewster County; and _one member who represents Brewster County at large. The bill sets forth provisions regarding an election to confirm the establishment of the district. The district has the power to limit and to impose fees on the transfer of groundwater out of the district and requires that the district consider certain factors in determining a fee or limitation on the transfer. The bill prohibits the district from exercising the power of eminent domain and a representative of the district from entering private property without the permission of the land owner except to inspect a permitted well and to ensure compliance with district rules. The board is authorized to change the name of the district by resolution if the district annexes territory. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original to provide that the district has the power to impose fees on the transfer of groundwater out of the district and sets forth provisions regulating the transfer. C.S.H.B 787 also provides that the district may not exercise the power of eminent domain and sets forth provisions relating to when a representative of the district may enter private property. The substitute removes a provision from the original bill that prohibited the district from levying or collecting an ad valorem tax. The substitute adds that the board is authorized to change the name of the district by resolution if the district annexes territory.