89th Legislature Regular Session

HB 4158

Overall Vote Recommendation
Neutral
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 4158 seeks to repeal Section 8857.056 of the Special District Local Laws Code, which governs the compensation of directors serving on the board of the Texana Groundwater Conservation District (GCD). This statutory provision currently sets or limits the manner and amount of compensation these directors may receive for their service. By repealing this section, the legislation removes specific state-level constraints on how these local officials are compensated.

The repeal would take effect on September 1, 2025. Following the effective date, the Texana GCD would have the autonomy, presumably through its board or under the guidance of general laws applicable to groundwater conservation districts, to establish or revise compensation policies for its directors. This change shifts discretion over director pay from the legislature to the local governing body, allowing greater flexibility to tailor compensation based on local needs, workload, and public expectations.

The broader context of the bill reflects a legislative trend favoring local control and administrative simplification. Groundwater conservation districts in Texas are critical for managing water rights and ensuring sustainable water use in accordance with regional and state water plans. Enabling them to independently determine director compensation may enhance their ability to attract qualified individuals and operate effectively within their unique local contexts.
Author
A.J. Louderback
Sponsor
Joan Huffman
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 4158 is not expected to have any fiscal impact on the State of Texas. The bill’s repeal of Section 8857.056 of the Special District Local Laws Code, which governs the compensation of directors of the Texana Groundwater Conservation District, does not impose any new costs or responsibilities on state agencies.

At the local level, the LBB also anticipates no significant fiscal implications for units of local government. While the bill could theoretically allow the Texana Groundwater Conservation District to alter or increase director compensation, any associated expenses are presumed to be minor and absorbable within the district’s existing budget. The legislation does not mandate compensation or prescribe an amount, leaving any changes at the discretion of the local board.

In summary, HB 4158 has a neutral fiscal impact on both state and local governments. Its purpose is structural and administrative rather than financial, as it simply removes a statutory constraint without imposing new funding obligations.

Vote Recommendation Notes

HB 4158 proposes to repeal Section 8857.056 of the Special District Local Laws Code, which currently prohibits directors of the Texana Groundwater Conservation District (GCD) in Jackson County from receiving compensation for their service. If passed, the bill would bring this district into alignment with the general law applicable to other groundwater conservation districts in Texas, which allows for director compensation up to $250 per day, capped at $9,000 annually.

The intent behind this legislation is to address a localized administrative discrepancy. As noted in the bill analysis, the restriction on compensation may make it harder for the Texana GCD to attract qualified board members. Removing this restriction could enhance the district’s ability to recruit individuals who might otherwise be deterred by the unpaid nature of the role, especially given the time and technical responsibility that groundwater management often requires.

However, the bill neither mandates compensation nor provides guidelines for how or when it should be implemented. It simply removes the statutory prohibition. This leaves the decision entirely to the district's board and stakeholders. While this promotes local autonomy and limited government, the measure does not introduce a substantive policy shift with broader statewide implications, and the potential fiscal impact at the local level is expected to be minor or nonexistent, per the Legislative Budget Board’s fiscal note.

Concerns might arise around precedent-setting—i.e., whether other special provisions for local districts could or should be revisited in the future. Still, because this bill affects only one district and does so in a permissive, not prescriptive, manner, it can reasonably be viewed as a correction to an outlier in the legal code rather than a driver of policy change.

In sum, while the bill makes a logical and technically sound adjustment to current law, it is narrowly focused, without significant implications for core liberty principles or fiscal outcomes. Texas Policy Research remains NEUTRAL on HB 4158.

  • Individual Liberty: The bill restores flexibility to individuals who serve on the Texana Groundwater Conservation District board. By allowing these directors to receive compensation (as is already allowed in most other districts), the bill removes an outdated prohibition that arguably restricted personal freedom in local governance. It allows individuals to serve in public office without being required to do so on an unpaid basis, which may expand participation to those who cannot otherwise afford to volunteer time without compensation.
  • Personal Responsibility: The bill shifts decision-making power from the state to the local level. It entrusts the Texana GCD board—and ultimately the constituents they serve—with the responsibility to determine whether compensation is appropriate and how to administer it transparently. This encourages self-governance and local accountability, placing the burden of responsible policy on those closest to the issue.
  • Free Enterprise: The bill does not directly impact private economic activity or market freedom. However, competent water management by qualified board members can indirectly support economic productivity, especially in water-reliant sectors like agriculture or energy. Still, the connection is indirect and limited, so the impact on free enterprise is effectively neutral.
  • Private Property Rights: Groundwater is a constitutionally protected private property interest in Texas. By enabling the Texana GCD to attract and retain qualified board members, potentially through compensation, the bill may improve the district's ability to manage groundwater responsibly. This could enhance protection of landowners' rights to access and use groundwater. Still, this benefit is indirect and depends on how the district exercises its discretion.
  • Limited Government: This is where the bill most clearly aligns with liberty principles. The bill eliminates a unique and unnecessary statutory constraint imposed by the state on a single local entity. By doing so, it reduces state micromanagement and reinforces the principle that local governments should be empowered to make their own administrative decisions, particularly when other similar entities already enjoy that discretion.
View Bill Text and Status