BILL ANALYSIS



H.B. 3225
By: Zbranek
05-02-95
Committee Report (Unamended)


BACKGROUND
The drainage area of Pine Island Bayou is lacking the ability to
implement flood control measures.  A flood control district is
needed to serve the affected areas.  The small cities and rural
communities are in four separate counties and are currently without
a comprehensive flood management program.  By creating a stormwater
control district, the communities effected by Pine Island Bayou
will be able to work together to prevent future floods and protect
lives and property.

PURPOSE
To create the Pine Island Bayou Stormwater Control District.

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.     Creates the water conservation and reclamation
district to be called Pine Island Bayou Stormwater Control
District; creates the district under Section 59, Article XVI, Texas
Constitution.

SECTION 2.  Defines district.

SECTION 3.  Defines boundaries; and provides the criteria for
adjustment of the boundaries.

SECTION 4.  Findings of benefit. 

SECTION 5.  Grants power to district under Chapters 50, 56 and 66,
Water Code, and Section 59, Article XVI, Texas Constitution; and
provides that the powers will be supervised by Texas Natural
Resources Conservation Commission (TNRCC).

SECTION 6.  Provides for a board of five directors and the terms of
service and qualifications for temporary, initial, and permanent
directors.  

SECTION 7.  Provides for the appointment of temporary directors of
the TNRCC by 30th day after effective date of act who must take
oath by 15th day after appointment; provides for the TNRCC to fill
any vacancies of temporary directors; provides for temporary
directors to meet and elect officers.

SECTION 8.  Provides that: (a) temporary directors shall set
hearing for creation of the district. 

     (b) the temporary board will give notice of hearing and
publish final decision on creation of the district.
 
     (c) if the district is deemed a benefit to the land, it shall
confirm the boundaries of the district. 
 
     (d) land found not to benefit from the district shall be
redistricted out.
  
     (e) the temporary board of directors shall notify the TNRCC
about the creation of the district. 
 
     (f) orders of the temporary board may be appealed.

SECTION 9.  Provides that the temporary directors shall call an
election to confirm establishment of the formation of the district
and five initial board members; and provides that Section 41.001(a)
,Election Code, does not apply to confirmation election.

SECTION 10.  Sets initial election times and dates.

SECTION 11.  (a)-(e) Grants the district additional powers to
acquire land and access fees.  (f) Grants the right of eminent
domain to district under Chapter 21, Property Code, except the
district is not required to give bonds or required to double
deposit the amount of any award in any suit.  Proceedings shall be
instituted under direction of the board and in the name of the
district.

SECTION 12. Findings related to procedural requirements. (a) Notice
of intention to introduce has been forwarded.  (b) TNRCC has filed
with the governor, lieutenant governor, and speaker of the house of
representatives.  (c) Requirements of the constitution have been
accomplished.

SECTION 13. Emergency clause.

SUMMARY OF COMMITTEE ACTION
H.B.3225 was considered by the committee in a formal meeting on May
2, 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 9
ayes, 0 nays, 0 pnv, 0 absent.