BILL ANALYSIS



C.S.H.B. 2867
By: Yost
4-3-95
Committee Report (Substituted)


BACKGROUND
During the interim following the 71st Legislature, the House
Natural Resources Committee, Subcommittee on Districts, travelled
throughout the state to investigate organizational and financial
problems of local water districts.  One of the primary problems
identified by the committee was the lack of procedural uniformity
between the different types of districts.  Not only were the
numerous special law districts all governed by a variety of
procedural requirements, but also the general law district chapters
were inconsistent.  These inconsistencies lead to confusion among
citizens, district board members, and state agency personnel.  HB
2867 is an attempt to correct some of the inconsistencies which
were identified during the interim.  

PURPOSE
To rectify inconsistencies identified during the interim among
various chapters of the Water Code. 

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 50.004(a) of the Water Code to include
additional chapters to the "write in" provisions of the Election
Code.  

SECTION 2.  Amends Section 51.080 to set director compensation at
$100 per day of service to a maximum of $6,000 per year, and
allows for reimbursement of expenses and the provisions for
reimbursement.    

SECTION 3.  Amends Chapter 51 by adding Section 51.196, which
allows districts to lease property.

SECTION 4.  Amends Section 51.313 to increase interest and
collection fees from 10% to 15%.  Amends Section 55.111 to set
director compensation at $100 per day of service to a maximum of
$6,000 per year, and allows for reimbursement of expenses.    

SECTION 5.  Amends Chapter 55 by adding Section 55.205, which
allows districts to lease property.  

SECTION 6.  Amends Section 55.363 to set director compensation at
$100 per day of service to a maximum of $6,000 per year, and
allows for reimbursement of expenses.  Amends Section 55.371 to
provide for enforcement of rules, regulations, charges, fees, or
rentals.  Amends Section 58.079 to set director compensation at
$100 per day of service to a maximum of $6,000 per year, and
allows for reimbursement of expenses.  

SECTION 7.  Amends Chapter 58 by adding Section 58.191, which
allows districts to lease property.

SECTION 8.  Amends Section 58.303 to provide for enforcement of
rules, regulations, charges, fees, or rentals.  Amends Section
58.313 to provide increases in interest and collection fees from
10% to 15%.

SECTION 9.  Effective date.  

SECTION 10.  Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE
(1)  The Original created an offense for operating a motor
vehicle on property owned or controlled by certain conservation
and reclamation districts, and provided penalties.  The creation
of this offense was removed entirely in the Substitute.  Language
relating thereto was deleted from the caption, Section 3, Section
5, and Section 7 of the bill.

(2)  The Original added language allowing certain districts to
assess fees and charges for providing or making available its
facilities or services.  Language relating thereto was included
in Section 3, Section 5, and Section 7 of the Original.  However,
such language is deleted from those corresponding sections of the
Substitute.  Instead, the language relating to  fees and charges
is found at Section 6 and Section 8 of the Substitute in Sections
55.371 and 58.303, Water Code, respectively.  The language in the
Substitute is much less wordy than it was in the Original.

(3)  At Section 4, the Original included language amending
Section 51.303, Water Code, to provide for enforcement of certain
rules, regulations, and orders.  Although similar enforcement
provisions remain in the Substitute regarding Chapters 55 and 58,
Water Code, this language amending Chapter 51 has been deleted.

SUMMARY OF COMMITTEE ACTION
H.B.2867 was considered by the committee in a public hearing on
April 3, 1995.
The following persons testified in favor of the bill:
     Mr. Wayne Halbert, representing himself and Texas Irrigation
Council.
The following persons testified against the bill: None (0).
The following persons testified on the bill: None (0).
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, by a record vote
of 5 ayes, 0 nays, 1 pnv, 3 absent.