BILL ANALYSIS



H.B. 3173
By: Saunders
04-18-95
Committee Report (Unamended)


BACKGROUND
Bastrop County Water Control and Improvement District #2 is a water
district whose boundaries are essentially coterminus with Tahitian
Village Subdivision, Units 1 through 5.  The Tahitian Village
Subdivision was platted by developers beginning in August of 1972
going through July of 1973.  During the period from 1973 through
about 1985, Tahitian Village Corporation (under various ownership)
continued to do road construction and maintenance, apparently using
a portion of the annual charges charged to lot owners to pay for
these services.

Because of continued dissatisfaction with the use of the funds from
the annual fees and the general management of the Subdivision, a
lawsuit was filed in 1985 by Tahitian Village Property Owners
Association, Inc. against Tahitian Village Corporation, Riverside
Services., Inc. and others.  This resulted in a settlement
agreement that was entered into in June of 1986.  As it relates to
the Bastrop County Water Control and Improvement District #2 and
the roads, the settlement provided for the transfer of the
Riverside Service Co., Inc. water distribution system to the newly-created Bastrop Water Control and Improvement District #2. 
Tahitian Village Corporation neither completed the roads nor
escrowed the funds necessary for the completion of the roads before
it failed and was succeeded by the Bastrop County Development
Corporation.  Bastrop County Development Corporation did no better
job than Tahitian Village Corporation in either building roads or
setting aside funds for their completion.

On September 23, 1985, Commissions of Bastrop County considered a
petition for the creation of Bastrop County Water Control and
Improvement District #2 and entered an order under subsection
51.331 of the Texas Water Code creating the Water District.

The current road district authority will expire in September of
1995.  During the time that Bastrop County Water Control and
Improvement District #2 has had road district authority,
approximately 8.5 miles of road have been completed by Bastrop
County Water Control and Improvement District #2.  5.5 miles of
road have been accepted for future repairs and maintenance by the
City and County.  There remain approximately 54.5 miles of road to
be completed.

PURPOSE
To extend the road district authority held by the Bastrop County
Water Control and Improvement District #2 Road District Authority
until September 1, 1999.

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:  Deletes subsections (a)-(h) and allows the board of
directors to impose a monthly charge of $5.  

SECTION 2: Amends Chapter 577, Acts of the 71st Legislature as
follows:  

     (a) Allows the district to make improvements in accordance
with master plan.

     (b) Establishes revised master plan provisions, which shall
include:

           (1) a map of districts boundaries; and
           (2) a written plan that contains:
 
               (A) general objectives;
               (B) sequencing of improvements;
               (C) estimated dates of completion; 
               (D) an analysis of the district's projected
revenues; and
               (E) a timetable for completion. 

SECTION 3: Amends Section 3B, Chapter 577, Acts of the 71st
Legislature as follows:
     
     (a) Allows for maintenance.
     
     (b) Directs the use of funds collected before and after
September 1, 1991. 

SECTION 4:  Amends Chapter 577, Acts of the 71st Legislature as
follows: 
     
     Section 5.  Expiration date of September 1, 1999.

SECTION 5:  Emergency clause.


SUMMARY OF COMMITTEE ACTION
H.B.3173 was considered by the committee in a public hearing on
April 18, 1995.
No testimony was received.
The bill was reported favorably without amendment, 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 6
ayes, 0 nays, 0 pnv, 3 absent.