HBA-RBT H.B. 3798 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3798 By: Seaman Natural Resources 4/12/1999 Introduced BACKGROUND AND PURPOSE Current law provides that groundwater conservation districts can be created to plan, develop, amd regulate the use of water. H.B. 3798 creates the Jackson County Groundwater Conservation 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. Creates a groundwater conservation district, to be known as the Jackson County Groundwater Conservation District, in Jackson County, subject to approval at a confirmation election under Section 8 of this Act. 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. SECTION 2. DEFINITION. Defines "district" as the Jackson County Groundwater Conservation District. SECTION 3. BOUNDARIES. Provides that the boundaries of the district are coextensive with the boundaries of Jackson County. SECTION 4. FINDING OF BENEFIT. Provides finding of benefit. SECTION 5. POWERS. Provides that the district has all the rights, powers, privileges, authority, functions, and duties provided by the general law of this state, including Chapter 36 (Groundwater Conservation Districts), Water Code, applicable to groundwater conservation districts created under Section 59, Article XVI, Texas Constitution. Provides that Chapter 49 (Provisions Applicable to All Districts), Water Code, does not apply to the district. Provides that this Act prevails over any provision of general law that is in conflict or inconsistent with this Act. Provides that the rights, powers, privileges, authority, functions, and duties of the district are subject to the continuing right of supervision of the state, to be exercised by and through the Texas Natural Resource Conservation Commission. SECTION 6. BOARD OF DIRECTORS. Provides that the district is governed by a board of five directors appointed by the Jackson County Commissioners Court. Sets forth the qualifications of the board members, the length of term, residency requirements, procedure in the event of a vacancy, the commissioners court's responsibilities regarding the director, and prohibits the director from receiving any compensation for service as a director but may be reimbursed for actual expenses of attending meetings at the rate in effect for employees of Jackson County. SECTION 7. APPOINTMENT AND TERMS OF INITIAL DIRECTORS. Sets forth the procedures for appointment of initial directors and establishes their terms. SECTION 8. CONFIRMATION ELECTION. Requires the Jackson County Commissioners Court to call and hold an election to confirm establishment of the district. Provides that Section 41.001(a) (Uniform Election Dates), Election Code, does not apply to a confirmation election held as provided by this section. Provides that except as provided by this section, a confirmation election must be conducted as provided by Sections 36.017(b)-(h), Water Code, and the Election Code. Provides that if the establishment of the district has not been confirmed at an election held under this section before the fourth anniversary of the effective date of this Act, this Act expires on that date. SECTION 9. LIMITATION ON TAXATION. Prohibits the district from levying or collecting an ad valorem tax at a rate that exceeds three cents on the $100 valuation of taxable property in the district. SECTION 10. CONTRACTS WITH GOVERNMENT ENTITIES. Authorizes the district to contract with other government entities. SECTION 11. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. Provides that all procedural requirements for enacting legislation have been met SECTION 12. Effective date: September 1, 1999. SECTION 13. Emergency clause.