SRC-JLB S.B. 1930 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1930
78R13696 QS-FBy: Staples
Natural Resources
4/30/2003
As Filed


DIGEST AND PURPOSE 

The 77th Texas Legislature created the Lone Star Groundwater Conservation
District (district) to manage and conserve the groundwater resources
located within Montgomery County.  The voters of Montgomery County
confirmed the creation of the district in an election held on November 6,
2001.  In the two years since its creation, the district has identified
changes within its enabling legislation that would further enhance the
ability of the district to manage its resources and meet its goals.  As
proposed, S.B. 1930 clarifies the fees of office for directors of the
district and validates certain actions taken by the district;  sets forth
clarifying powers for the district;  and authorizes the district to adopt
production and spacing regulations for different hydrogeologic areas of
the district and establish management zones to further the purposes of the
district.  

RULEMAKING AUTHORITY

This bill expressly grants rulemaking authority to the Lone Star
Groundwater Conservation District (district) in SECTION 1 (Section 5A,
Chapter 1321, Acts of the 77th Legislature, Regular Session, 2001) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 1321, Acts of the 77th Legislature, Regular
Session, 2001, by adding Sections 5A and 5B, as follows: 
 
Sec. 5A.  ADDITIONAL POWERS.  (a)  Authorizes the Lone Star Groundwater
Conservation District (district) to adopt different rules under Section
36.116, Water Code, for certain aquifer characteristics. 

(b)  Authorizes the district to establish zones within the boundaries of
the district for the purposes of groundwater management and regulation and
implement regulations for each zone as provided by Subsection (a). 
 
(c)  Authorizes the district to place more restrictions on the production
of groundwater by a person applying for a nonhistoric operating permit
than the district places on the production of groundwater by a person
under a historic use permit. 
 
(d)  Authorizes the district to establish metering requirements and
initiate and enforce a water use fee structure based on the total amount
of groundwater authorized to be produced annually under a permit. 
 
Sec. 5B.  HISTORIC USE PERMITS.  (a)  Authorizes the district to protect
existing or historic use of groundwater by implementing a claims process
in which the district may require an existing or historic user to obtain a
historic use permit. 
 
(b)  Requires an existing or historic user, to obtain a historic use
permit, to prove the maximum annual amount of groundwater that the user
applied to a beneficial use during a period established by the district as
the existing and historic use period. 
 
 (c)  Authorizes the district to establish a certain period as an existing
and historic use period. 

(d)  Authorizes the district to define the initial existing and historic
use period as the period from January 1, 1992, to the date of first
adoption of the district's rules, August 26, 2002. 
 
SECTION 2.  Amends Section 6, Chapter 1321, Acts of the 77th Legislature,
Regular Session, 2001, by amending Subsection (g) and adding Subsection
(i), as follows: 
 
(g)  Prohibits a position on the board of the district from being
construed to be a civil office of emolument for any purpose, including a
purpose described by Section 40, Article XVI, Texas Constitution, except
as provided by this subsection.  Authorizes a director to receive a fee of
office under Section 36.060, Water Code, only if the director does not
hold another office that is a civil office of emolument for purposes of
Section 40, Article XVI, Texas Constitution.  Provides that this
subsection prevails over any provision of general or special law to the
contrary, including Section 36.060(d), Water Code. 
 
(i)  Authorizes a director, notwithstanding Subsection (g), to receive
reimbursement of actual expenses as provided by Section 36.060(b), Water
Code. 
 
SECTION 3.  Amends Sections 7(b)-(d), Chapter 1321, Acts of the 77th
Legislature, Regular Session, 2001, as follows: 
 
(b)  Requires a director, rather than directors, except as provided by
Section 8 of this Act, to be appointed not later than January 31 of the
year in which the current director's term expires in order to begin the
new term of office on February 1, rather than the second Monday in January
of odd-numbered years.  Requires the general manager of the district, not
later than the 75th, rather than the 60th, day before that date, to mail
to each person who is designated in Subsection (a) of this section to make
appointments in that particular year written notice that the appointments
are due. 
 
(c)  Requires the persons designated in Subsections (a)(1)-(4) and (6) of
this section to make their appointments and submit in writing the names of
their appointments to the district not later than January 15 of the year
in which the current director's term expires, rather than the
Commissioners Court of Montgomery County. 

 (d)  Makes a conforming change.

SECTION 4.  Amends Chapter 1321 (Limitation on Rulemaking Power of
Districts Over Wells in Certain Counties), Acts of the 77th Legislature,
Regular Session, 2001, by adding Section 13A, as follows: 
 
Sec. 13A.  NONAPPLICABILITY.  Provides that Section 36.121, Water Code,
does not apply to the district. 
 
SECTION 5.  (a)  Provides that any act or proceeding taken by or on behalf
of the district before the effective date of this Act is validated in all
respects as if the act or proceeding had occurred as authorized by law. 
 
(b)  Prohibits a governmental act or proceeding of the district occurring
after an act or proceeding validated by this Act from being held invalid
on the ground that the prior act or proceeding, in the absence of this
Act, was invalid. 
 
(c)  Provides that specifically, certain acts of the district are
validated as of the dates they occurred. 

 (d)  Provides that this section does not apply to certain matters.
 
SECTION 6.  Effective date:  upon passage or September 1, 2003.