BILL ANALYSIS C.S.H.B. 2446 By: Coleman 4-10-95 Committee Report (Substituted) BACKGROUND Under current law, municipal utility districts cannot contract out for police or fire protection. Municipal utility districts must rely on the law enforcement agencies of the surrounding county or city, that are typically overextended. Due to this shortfall, routine neighborhood patrol is a rare occurrence. This bill would allow municipal utility districts to asses a charge on citizens through the election process, which would end the instability and inequalities of volunteer funding. PURPOSE To allow municipal utility districts to assess a charge to the citizens of the district in order to provide peace officers. This would allow these districts the same authority for law enforcement that they presently have for fire protection. 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. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 54.210, Texas Water Code, to provide as follows: Sec. 54.210. (a) States that a district may employ its own peace officers to make arrests within the district as necessary to prevent or abate the commission of any offense against the rules of the district or the laws of the state. (b) States that, subject to the requirements of Section 54.2101, a district may impose an additional monthly charge, not to exceed $5, on each customer to pay for the provision of peace officers under this section, and may increase the charge as necessary. SECTION 2. Amends Section 54.2101, Texas Water Code, to provide as follows: Sec. 54.2101. (a) Before a district imposes a charge, an election on the charge must be held in the district. The charge cannot be assessed unless a majority of qualified voters approve it. (b) Notice of an election must be given as it is with an election of directors. (c) The election must be held at the same time and in same manner as an election of directors. (d) Ballots shall be printed to provide for voting for or against the proposition: "The assessment of a monthly charge to pay for the provision of peace officers." (e) After the initial assessment od a charge has been approved by an election, the board of directors may subsequently increase the amount of the charge without an election on the increase. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE (1) The Introduced version of the bill provided that a district may increase the charge each year by a percentage equal to the percentage by which the consumer price index for that year exceeds the consumer price index for the preceding year. The Substituted version simply provides that a district may increase the amount of the charge "as necessary". (2) In the Introduced version, the election for imposing a charge was to be conducted procedurally like confirmation and bond elections. In the Substitute, those elections are to be conducted procedurally like elections of directors. (3) The Introduced version provided that the district may enforce the collection of the imposed charges by the termination of other district services or as provided by Section 54.209, Water Code, for violation of district rules. The Substitute deletes this language. SUMMARY OF COMMITTEE ACTION H.B.2446 was considered by the committee in a public hearing on March 27, 1995. No testimony was received. The bill was referred to the Subcommittee on H.B.2446, a subcommittee consisting of Representatives R. Lewis, Yost, and Walker (Chair). After being recalled from subcommittee, the bill was considered by the committee in a public hearing on April 10, 1995. No testimony was received. The committee considered a complete substitute for the bill. The substitute was adopted without objection. The bill was reported favorably as substituted, with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars, by a record vote of 7 ayes, 0 nays, 0 pnv, 2 absent.