BILL ANALYSIS
| Senate Research Center | S.B. 3044 |
| 89R22241 SCF-F | By: Blanco |
| | Local Government |
| | 4/23/2025 |
| | As Filed |
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
As proposed, S.B. 3044 amends current law relating to the composition of the board of directors and the powers of the Presidio County Underground Water Conservation District.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 5, Chapter 453, Acts of the 73rd Legislature, Regular Session, 1993, as follows:
SECTION 5. POWERS. (a) Provides that the Presidio County Underground Water Conservation District (district) has all of the rights, powers, privileges, authority, functions, and duties provided by the general law of this state, including Chapters 50 (Provisions Generally Applicable to Districts) and 52 (Underground Water Conservation Districts), Water Code, applicable to groundwater, rather than underground water, conservation districts created under Article XVI (General Provisions), Section 59 (Conservation and Development of Natural Resources; Development of Parks and Recreational Facilities; Conservation and Reclamation Districts; Indebtedness and Taxation Authorized), of the Texas Constitution.
(b) 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 Commission on Environmental Quality, rather than the Texas Water Commission.
(c) Provides that Section 36.121 (Limitation on Rulemaking Power of Districts Over Wells in Certain Counties), Water Code, does not apply to the district.
SECTION 2. Amends Section 6, Chapter 453, Acts of the 73rd Legislature, Regular Session, 1993, by amending Subsections (a), (g), and (h) and adding Subsections (d-1) and (d-2), as follows:
(a) Provides that the district is governed by a board of seven, rather than five, directors (board).
(d-1) Requires one member of the board to be appointed by the governing body of the City of Marfa.
(d-2) Requires one member of the board to be appointed by the governing body of the City of Presidio.
(g) Requires that a vacancy on the board be filled for the unexpired term in the same manner provided for the appointment of the position. Deletes existing text requiring the commissioners court of Presidio County, as appropriate, if there is a vacancy on the board, to appoint a director to serve the remainder of the term.
(h) Requires an appointing entity, rather than the commissioners court of Presidio County, as appropriate, to appoint a director to succeed a director appointed by that entity on or before the date the director's term expires.
SECTION 3. Repealer: Section 6(e) (relating to requiring each director to qualify to serve as director in a certain manner), Chapter 453, Acts of the 73rd Legislature, Regular Session, 1993.
SECTION 4. Provides that all requirements of the constitution and the laws of this state and the rules and procedures of the legislatures with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.
SECTION 5. Effective date: upon passage or September 1, 2025.
