HBA-NMO C.S.S.B. 1911 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 1911 By: Brown Natural Resources 5/20/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Since 1951, the Texas Legislature has enacted legislation creating over 40 groundwater conservation districts. Members of this legislature have filed legislation proposing to create more than 20 new groundwater conservation districts, many of them single-county districts. However, some have expressed concern regarding the basing of the boundaries of many of these proposed districts on political, rather than hydrological, criteria, which could undermine the ability of a district to manage an underlying aquifer consistent with the powers and duties of Chapter 36 (Groundwater Conservation Districts), Water Code, or with the long-range water management planning envisioned by Senate Bill 1 of the 75th Texas Legislature. C.S.S.B 1911 creates 17 groundwater conservation districts, subject to respective confirmation elections and ratification by the 77th Texas Legislature. 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: (1) Bergesland Groundwater Conservation District; (2) Blanco-Pedernales Groundwater Conservation District; (3) Brazos Valley Groundwater Conservation District; (4) Crossroads Groundwater Conservation District; (5) Hays Trinity Groundwater Conservation District; (6) Lavaca Groundwater Conservation District; (7) Lone Wolf Groundwater Conservation District; (8) Lost Pines Groundwater Conservation District; (9) McMullen Groundwater Conservation District; (10) Middle Pecos Groundwater Conservation District; (11) Red Sands Groundwater Conservation District; (12) Refugio Groundwater Conservation District; (13) Southeast Trinity Groundwater Conservation District; (14) Texana Groundwater Conservation District; (15) Trans-Pecos Groundwater Conservation District; (16) Tri-County Groundwater Conservation District; and (17) Trinity Glen Rose Groundwater Conservation District. (b) Provides that a district created under this section is a governmental agency and a body politic and corporate. (c) Provides that each district created under this section is created under Section 59 (Conservation and Development of Natural Resources; Conservation and Reclamation Districts), Article XVI, Texas Constitution. SECTION 2. BOUNDARIES. Sets forth the boundaries of the groundwater conservation districts created under Section 1 (districts). SECTION 3. DEFINITION. Defines "district." SECTION 4. FINDING OF BENEFIT. Sets forth a finding of benefit. SECTION 5. AUTHORITY OF TEMPORARY DIRECTORS. Sets forth the authority of the temporary directors of a district. SECTION 6. MORATORIUM ON ADOPTION OF LONG-TERM MANAGEMENT PLANS. Prohibits a district, to ensure consistency of district long-term management plans with the regional planning process authorized by Chapter 1010, Acts of the 75th Legislature, Regular Session, 1997 (S.B. 1), from adopting the comprehensive management plan required by Section 36.1071 (Management Plan), Water Code, before September 1, 2001. SECTION 7. INITIAL BOARD OF DIRECTORS. Prohibits the election of the initial directors until after September 1, 2001. SECTION 8. TEMPORARY DIRECTORS. Sets forth the appointment of district temporary directors. SECTION 9. ORGANIZATIONAL MEETING. Sets forth the procedure regarding an organizational meeting. SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. Sets forth procedures for the confirmation and initial directors' election. SECTION 11. ELECTION OF PERMANENT DIRECTORS. Sets forth the procedure regarding the election of permanent directors. SECTION 12. ELECTIONS. Prohibits the temporary directors of a district, prior to September 1, 2001, from holding an election for the imposition of a tax. SECTION 13. MODIFICATION OF DISTRICT. Authorizes the modification of a district by subsequent acts of the Texas Legislature. Authorizes that the modification be in response to the recommendations of an interim study or committee. SECTION 14. STATUTORY INTERPRETATION. Provides that this Act, unless otherwise provided by this Act, controls, if there is a conflict between this Act and Chapter 36, Water Code. SECTION 15. RATIFICATION OF DISTRICT CREATION. Provides that a district is dissolved effective September 1, 2001, if the 77th Legislature does not take action to ratify the district. Provides that a district that is dissolved under this section has no further authority, except requiring the payment of any debts incurred and the maintenance of the organization of the district until all debts are paid. SECTION 16. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. Sets forth findings related to procedural requirements. SECTION 17. EFFECTIVE DATE. Effective date: September 1, 1999. SECTION 18. EMERGENCY. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute differs from the original in SECTION 1 (Creation) by removing language that would have created Brewster Groundwater Conservation District, Coastal Bend Groundwater Conservation District, Coastal Plains Groundwater Conservation District, Presidio Groundwater Conservation District; and by making conforming changes. The substitute differs from the original in SECTION 2 (Boundaries) by making conforming and nonsubstantive changes. The substitute differs from the original in SECTION 5 (Authority of Temporary Directors) by providing that designees of the temporary directors have the authority to enter any public or private property located within the district to inspect a water well. The substitute modifies this section by adding Subsection (d) to authorize the temporary directors to regulate the transfer of groundwater out of the district and to prohibit the temporary directors from transferring groundwater out of the district. The substitute modifies this section to make a technical correction. The substitute further modifies this section to make conforming changes. The substitute differs from the original in SECTION 8 (Temporary Directors) by adding Subsection (c) to provide that the 90-day limit for the appointment of temporary directors under current law does not apply to the appointment of temporary directors under this Act; and by making a conforming change. The substitute removes SECTION 12 of the original (Fees) and redesignates SECTIONS 13-19 of the original as SECTIONS 12-18, accordingly.