HBA-RBT C.S.H.B. 3833 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3833
By: Corte
Natural Resources
5/5/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, the northernmost section of Bexar County lies on the Trinity
Aquifer.  The Trinity is a major water source for the area, yet it is not
covered by a groundwater conservation district. C.S.H.B. 3833 provides for
the creation and administration of a groundwater conservation district in
that part of Bexar County that uses the water from the Trinity Aquifer. 

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.  Creates a conservation and reclamation district, to
be known as the Trinity Glen Rose Groundwater Conservation District, in
that part of Bexar County overlaying the Trinity Aquifer.  Provides that
the district is a governmental agency and a body politic and corporate.
Provides that the district is created under and is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution.  Provides that
the purpose of the district is to develop and implement regulatory,
conservation, and recharge programs that preserve and protect the
underground water resources located within the district.  
 
SECTION 2.  DEFINITIONS.  Defines "board" as the board of directors of the
district, "district" as the Trinity Glen Rose Groundwater Conservation
District,  and "commission" as the Texas Natural Resource Conservation
Commission.  
 
SECTION 3.  BOUNDARY.  Sets forth the boundaries of the district.
Authorizes the district to add territory inside the boundaries of the
Edwards Aquifer Authority with the consent of the board of directors of the
authority in the manner provided by Subchapter J (Adding Territory to
District), Chapter 36, Water Code.  
 
SECTION 4.  FINDING OF BENEFIT.  Provides finding of benefit.

SECTION 5.  POWERS.   Provides that the district has all of the rights,
powers, privileges, authority, functions, and duties provided by the
general law of this state, including Chapter 36, Water Code, applicable to
groundwater conservation districts created under Section 59, Article XVI,
Texas Constitution.  Provides that this Act prevails over any provision of
general law that is in conflict or inconsistent with this Act.  Provides
that the disqualification of directors of the district is governed by
Section 49.052 (Disqualification of Directors), Water Code.  
 
SECTION 6.  ELECTION OF DIRECTORS.  Requires the directors of the district
to be elected according to the specified method provided by this Act.  
 
SECTION 7.  BOARD OF DIRECTORS.   Provides that the district is governed by
a board of five directors.  Sets forth the procedures to be followed in the
event of a vacancy.  Provides residency requirements of directors. 
 
SECTION 8.  TEMPORARY DIRECTORS.  Provides for temporary directors and the
filling of a  vacancy. 

SECTION 9.  CONFIRMATION ELECTION.  Provides for a confirmation election
and election of initial directors. 

SECTION 10.  INITIAL DIRECTORS.  Provides for initial directors.

SECTION 11.  SERVICE OF DIRECTORS.   Sets forth the terms of temporary
directors, permanent directors, and initial directors. 

SECTION 12.  ELECTION OF PERMANENT DIRECTORS.  Provides for the election of
permanent directors. 

SECTION 13.  DISTRICT FINANCES.  Authorizes  the board of directors to
impose an operation and maintenance tax if approved by a majority of the
qualified voters voting at an election called and held for that purpose in
the manner provided by Section 36.201 (Levy of Taxes), Water Code.
Authorizes the board of directors to impose reasonable fees on each
nonexempt well in the district. Authorizes the fees to be assessed
annually, based on specified factors.  Authorizes the board to use fees as
a regulatory mechanism or a revenue-producing mechanism.  Requires the
board to adopt rules regarding the fee rates, the manner and form for
filing reports of fees, and the manner of collecting fees.  Provides for
securing payment of fees and authorizes specified uses of fees. 
 
SECTION 14.  ADDITIONAL REGULATORY AUTHORITY.  Authorizes the board of
directors to require all or certain types of wells to be registered with
the district.  Establishes exemptions for certain wells.  Prohibits an
exempt domestic well in the district from serving more than five
households.  Provides that a well on or serving a tract of land of less
than five acres that is installed after the effective date of this Act,
regardless of whether a plat is required or whether the production capacity
of the well is less than 10,000 gallons per day, is not an exempt well.
Provides that this section does not affect the exempt status of public
water supply wells under Section 16 of this Act. Authorizes the district to
construct, implement, and maintain best management practices in the
district, engage in and promote the acceptance of best management practices
through education efforts sponsored by the district, include the
construction and maintenance of terraces and other structures on land in
the district, engage in and promote land treatment measures for soil
conservation and improvement, and  prepare and implement a plan for the
control and management of brush within the district.  
 
SECTION 15.  PROHIBITED ACTS.   Lists certain prohibited acts.  Defines
"person." 

SECTION 16.  PUBLIC WATER SUPPLY WELLS.  Exempts a public water supply well
from regulation by the district and from payment of fees to the district
under certain circumstances. Requires the owner of a public water supply
well to register the well with the district and submit reports to the
district.  Prohibits the district from requiring a construction or
operating permit for a public water supply well approved by the commission.
Requires a retail public utility that pays fees to the district to be
collected directly from the customers of the utility as a regulatory fee
and shown as a separate line item on the customer's bill.  
 
SECTION 17.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.  Sets forth
legislative findings. 

SECTION 18.  Emergency clause.
        Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original by renaming the Bexar-Trinity Glen
Rose Groundwater Conservation District the Trinity Glen Rose Groundwater
Conservation District (district) in the caption and the Act. 

The substitute differs from the original in SECTION 3 by modifying the
boundaries of the district. 
 The substitute differs from the original in SECTION 6 by modifying the
method of electing the directors of the district. 

The substitute differs from the original in SECTION 8 by naming the
temporary board of directors in the substitute. 

The substitute differs from the original in SECTION 9 by requiring the
temporary board of directors to call an election to elect the initial
directors, as well as confirm establishment of the district, and sets forth
the method of electing them.  Subsections (b)-(e) are redesignated as
Subsections (c)-(f). 

The substitute differs from the original in SECTION 10 by providing a
method for determining the length of the terms of the initial directors in
the substitute. 

The substitute differs from the original in SECTION 14 by removing language
from the original which allowed the district to grant an exemption for ad
valorem taxes and required the promulgation of rules for such exemptions. 

The substitute differs from the original in SECTION 15 by prohibiting the
district from imposing a tax on or charging a fee to any person in the
district who does not obtain water from the Trinity Aquifer and by defining
"person."  The substitute excepts the prohibition against a district
granting rights by any means in or to underground water located in the
district, if the action has been approved by a majority vote of the
residents of the district.