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.