BILL ANALYSIS

C.S.H.B. 5373

By: Canales

Natural Resources

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Since 1908 the Hidalgo County Drainage District No. 1 has operated as a drainage district. As a drainage district, it has financed, built, operated, and maintained infrastructure to capture, control, and move flood and storm waters out of the district and into the Gulf of Mexico in a controlled manner. These operations have prevented flooding and erosion, as well as made it possible to reclaim and develop lands that otherwise would have been mosquito-infested swamps. During the district's existence, however, the demographics of its territory have changed.

Hidalgo County's largest population centers are located within the district and continue to grow. Existing water supply sources in the county are being taxed and need to be supplemented. The district's storm and flood water infrastructure collects water that can be reclaimed and treated to potable drinking water standards, but the district lacks the power to reclaim and treat the water. C.S.H.B. 5373 seeks to address this issue by granting the district the powers of a water improvement district in order to give the district the needed authority to capture, treat, and deliver storm and flood water as treated water to supplement local drinking water supplies.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 5373 amends the Special District Local Laws Code to set out provisions relating to the Hidalgo County Drainage District No. 1, a conservation and reclamation district operating as a drainage district and a water improvement district. The bill establishes that the district's territory is coextensive with the boundaries of Hidalgo County, sets out findings of benefit and purpose, and establishes that the district has all rights, powers, privileges, functions, and duties provided by the general law of the state applicable to a drainage district and a water improvement district created under Section 59, Article XVI, Texas Constitution.

C.S.H.B. 5373 establishes that its provisions prevail to the extent of a conflict between its provisions and provisions generally applicable to all water districts and provisions relating to water improvement districts and drainage districts. The bill establishes that provisions relating to water improvement districts prevail to the extent of a conflict between those provisions and provisions relating to drainage districts.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 5373 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

Both the introduced and the substitute set out provisions relating to the district that provide for its nature as both a drainage district and water improvement district, but the substitute codifies those provisions in the Special District Local Laws Code, whereas the introduced did not. The substitute makes certain other changes to conform to bill drafting conventions.

The substitute includes a provision absent in the introduced establishing that, with respect to the district, provisions relating to water improvement districts prevail to the extent of a conflict between those provisions and provisions relating to drainage districts.