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.