BILL ANALYSIS


                                                        H.B. 3173
                                        By: Saunders (Armbrister)
                                                Natural Resources
                                                         05-25-95
                              Senate Committee Report (Unamended)
BACKGROUND

On September 23, 1985, Bastrop County considered a petition for the
creation of Bastrop County Water Control and Improvement District
#2 (district) 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. Over five
miles of road have been accepted for future repairs and maintenance
by the city and county. Approximately 54.5 miles of road remain to
be completed.

PURPOSE

As proposed, H.B. 3173 extends the road district authority held by
the Bastrop County Water Control and Improvement District #2 until
September 1, 1999.

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 3, Chapter 577, Acts of the 71st
Legislature, Regular Session, 1989, as follows:

     Sec. 3. New heading: CHARGES. Authorizes the board of
     directors of the Bastrop County Water Control and Improvement
     District #2 (district) to impose a monthly charge of $5 for
     each developed or undeveloped lot for use in constructing,
     maintaining, or repairing public streets and roadways in the
     district. Deletes existing Section 3. Authorizes the board of
     directors to adopt rules necessary to implement and administer
     the charges authorized by this section.
     
     SECTION 2.     Amends Sections 3A(a) and (b), Chapter 577, Acts of the
71st Legislature, Regular Session, 1989, as follows:

     (a) Requires the district to make all improvements in
     accordance with the master plan adopted by the district and
     approved by the city and county as revised under Subsection
     (c) of this section. Deletes existing Subsection (a).
     
     (b) Sets forth provisions the revised master plan, rather than
     the master plan, must include.
     
     SECTION 3.     Amends Sections 3B(a) and (b), Chapter 577, Acts of the
71st Legislature, Regular Session, 1989, as follows:

     (a) Adds maintenance to the provisions for which the district
     may use fees, charges, and other revenue.
     
     (b) Authorizes the board of directors of the district to use
     funds collected before September 1, 1991, for maintenance or
     permanent improvements. Provides that funds collected on or
     after September 1, 1991, are intended to be used primarily for
     permanent improvements. Prohibits the board from spending more
     than 15 percent of the funds collected on or after September
     1, 1991, for maintenance of portions of the road system that
     have not been accepted by any other governmental entity.
     Prohibits the board from spending more than 10 percent of the
     funds collected on or after September 1, 1991, on
     administration. Deletes the requirement of the district to
     ensure that not more than 10 percent of the fund collected on
     or after September 1, 1991, is used for administrative or
     financial support services and the rest for permanent
     improvements.
     
     SECTION 4.     Amends Section 5, Chapter 577, Acts of the 71st
Legislature, Regular Session, 1989, to change the expiration date
of this Act to September 1, 1999, rather than 1995.

SECTION 5. Emergency clause.
           Effective date: upon passage.