BILL ANALYSIS H.B. 2446 By: Coleman (Sponsor) Natural Resources 05-12-95 Senate Committee Report (Unamended) BACKGROUND Under current law, municipal utility districts cannot contract out for police or fire protection; instead, the districts must rely on the law enforcement agencies of the surrounding county or city. As a result, routine neighborhood patrol is a rare occurrence. PURPOSE As proposed, H.B. 2446 authorizes a municipal utility district to assess a charge for providing peace officers in the district. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 54.210, Water Code, as follows: Sec. 54.210. New heading: ENFORCEMENT BY PEACE OFFICERS; ASSESSMENT OF CHARGES. Authorizes a municipal utility district to employ its own peace officers with power to make arrests when necessary within the district to prevent or abate the Texas Natural Resource Conservation Commission of any offense against the rules of the district or against the laws of the state. Deletes language regarding injury or detriment to district property. (b) Authorizes a district to impose an additional monthly charge on services provided by the district in an initial amount not to exceed $5 for each customer to pay for the provision of peace officers under this section; and to increase the amount of that charge as necessary. SECTION 2. Amends Chapter 54D, Water Code, by adding Section 54.2101, as follows: Sec. 54.2101. ELECTION REQUIRED; INCREASE IN AMOUNT. (a) Requires an election on the charge, before a district may impose a charge as authorized by Section 54.210(b), to be held in the district. Prohibits a district from imposing a charge unless the charge is approved by a majority of the qualified voters of the district. (b) Requires notice of an election under this section to be given in the same manner as notice of an election of members of the board of directors of a district (directors) under this chapter. (c) Requires the election to be held at the same time and in the same manner prescribed for the election of directors under this chapter. (d) Sets forth required language for the ballots. (e) Authorizes the board of directors to subsequently increase the amount of the charge without an election on the increase. SECTION 3. Emergency clause. Effective date: upon passage.