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Relating to the construction of laws and election dates of certain groundwater conservation districts.
SB 1336, if passed, would affect the laws governing, and the
election dates of certain groundwater conservation districts. There are two
modifications which will be made to various groups of groundwater conservation
districts.
The first set of code modifications would make a clarification for a number of water districts, stating that if there is a
conflict in the Water Code between Chapter 36 (relating to municipal water
districts) and Chapter 49 (relating to districts generally) or another section,
the former will take priority. The districts in question are as follows:
Clearwater Underground Water Conservation District,
Mesa Underground Water Conservation District,
Sandy Land Underground Water Conservation District,
Santa Rita Underground Water Conservation District,
Saratoga Underground Water Conservation District,
South Plains Underground Water Conservation District, and
Sutton County Underground Water Conservation District
The Second set of modifications would shift the election date
for directors of groundwater conservation districts to the uniform election
date in November. The districts which would be affected by this change are as
follows:
Mesa Underground Water Conservation District,
Sandy Land Underground Water Conservation District, and
South Plains Underground Water Conservation District
5/22/2015 update:
The House committee version clarifies that each of the districts named have "all of the rights, powers, privileges, authority, functions, and duties provided by the general law of this state ... applicable to Groundwater Conservation Districts." We remain supportive. The second chamber sponsor is Rep. Eddie Lucio III.
First chamber recommendation:
It is our view that the first modification, giving Chapter
36 of the Water Code priority, is essentially an administrative clarification that has no bearing on our liberty principles. The second
set of changes, moving election dates to the uniform date in November is very
promising, and will substantively allow the districts in question to be more transparent
and responsive. For this reason we support SB 1336. We would advocate modifying
the bill so that there is language in code which would require all groundwater
conservation districts to hold elections on the uniform election date in November. This would ingrain and
further the good which is already being forwarded by the bill.