HBA-GUM H.B. 3814 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3814 By: Counts Natural Resources 4/13/1999 Introduced BACKGROUND AND PURPOSE Stonewall County contains several tributaries which flow into the Salt Fork of the Brazos River and serve as major contributors to the salt content of the Brazos River. The salt content of the creek predominately comes from seeps and springs in Stonewall and King Counties. Further studies of the area would provide recommendations for methods that may control salt intrusion and improve water quality in the area. An entity is needed in Stonewall County to oversee the implementation of feasibility studies in the area sponsored by the Federal Economic Development Administration. Current law allows for the creation of special utility districts under Section 65.011 (Creation of District), Water Code, and Section 59(Conservation and development of natural resources; conservation and reclamation districts), Article XVI, Texas Constitution. H.B. 3814 creates and sets forth the purpose, powers, and duties of the Salt Fork Water Quality 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. SECTION BY SECTION ANALYSIS SECTION 1. CREATION. (a) Creates the Salt Fork Water Quality District in Stonewall County. Provides that the district is a governmental agency and a body politic and corporate. (b) Provides that the district is created under and essential to accomplish the purposes of Section 59 (Conservation and development of natural resources; conservation and reclamation districts), Article XVI, Texas Constitution. SECTION 2. DEFINITION. Defines "district" in this Act as the Salt Fork Water Quality District. SECTION 3. BOUNDARIES. Provides that the boundaries of the district are coextensive with the boundaries of Stonewall County. SECTION 4. ANNEXATION OF AREA IN DISTRICT BY MUNICIPALITY. (a) Provides that Subchapter D (Annexation Provisions Relating To Special Districts), Chapter 43, Local Government Code, does not apply to the district. Provides that the existence of the district does not affect municipal annexations or boundaries, and that municipal annexations or boundary changes do not affect the district or require assumption of its assets or liabilities. SECTION 5. FINDING OF BENEFIT. Provides that the land and other property included within the boundaries of the district benefit by the works and projects that are to be accomplished by the district under powers conferred by Section 59 (Conservation and development of natural resources; conservation and reclamation districts), Article XVI, Texas Constitution. Provides that the district is created to serve a public use and benefit. SECTION 6. PURPOSE; POWERS; TAXES PROHIBITED. (a) Provides that the district is created to improve, preserve, and protect the quality of the waters of the Salt Fork, and to control and remove salt and other substances affecting those waters. (b) Establishes that the district has the rights, privileges, powers, and duties provided by the general law of this state. Prohibits the district from levying or collecting taxes. (c) Authorizes the district to construct, acquire, own, lease and operate facilities; enter into agreements with, and accept assistance from, this state and entities of this state; borrow money and issue evidences of indebtedness, if approved by resolution or order adopted by the district's board of directors (board); and sell products on terms approved by the board. (d) Provides that the rights, privileges, powers, and duties of the district are subject to the supervision of the Texas Natural Resource Conservation Commission (TNRCC). Provides that the bonds or facilities approved or inspected by the Texas Water Development Board are not required to be approved or inspected by TNRCC. (e) Provides that this Act prevails over a provision of general law that is in conflict or inconsistent with this Act. SECTION 7. BOARD OF DIRECTORS. Provides that the district is governed by a board of five directors who meet the director qualifications of Section 49.055 (Sworn Statement, Bond, and Oath of Office), Water Code. Provides that permanent directors serve concurrent two-year terms or until a director's successor has qualified. Provides that initial directors serve until permanent directors are elected under SECTION 9 of this Act. SECTION 8. INITIAL DIRECTORS. Appoints certain specified persons by name to the initial board. SECTION 9. ELECTION OF PERMANENT DIRECTORS. Requires five permanent directors to be elected on the uniform election date established by the Election Code in May of each evennumbered year, unless the board determines a different election date as provided by Chapter 65 (Special Utility Districts), Water Code. SECTION 10. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. Provides that all requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act have been fulfilled and accomplished accordingly. SECTION 11. EMERGENCY. Emergency clause. Effective date: upon passage.