BILL ANALYSIS H.B. 3231 By: J. Harris 05-02-95 Committee Report (Unamended) BACKGROUND Through mutual agreement with Brazoria County Commissioner's Court, as has been done with other Drainage Districts, the present limited oversight of the district is moved from the Commissioner's Court to the TNRCC, the body with ultimate authority over the district. The format was chosen/used because it conforms to other such Acts by the legislature. ( See HB 1663, 67th legislature, Regular Session 1981 - Signed by Governor 4/30/81 and filed with Secretary of State 4/30/81. PURPOSE As proposed, removes present cumbersome interagency "Red Tape" by establishing direct line relationship with TNRCC and removing very limited oversight of Commissioners Court. 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 l. NAME OF DISTRICT. Renames District SECTION 2. Definitions. SECTION 3. Seal. The board shall adopt a seal for the district. SECTION 4. General Powers and Duties. The district presently is conservation and reclamation district under Section 52, Article III, or Section 59, Article XVI, Texas Constitution. This Section calls out some powers currently vested to the district for greater clarity of the prospected reader. Section (i) clarifies the mutually agreed fiscal independence of the District. SECTION 5. ACQUISITIONS, LEASE AND DISPOSAL OF PROPERTY. Does not grant new powers but clarifies existing powers. SECTION 6. COST OF CERTAIN ALTERATIONS. SECTION 7. ELECTIONS AND TERMS OF COMMISSIONERS; VACANCY. Changes present system of vacancy fulfillment by County Commissioners Court and staggers Board Commissioners terms from present all three terms running concurrently. Changes office terms from present 3 years to 4 years, makes Texas election Code, as amended, specific, applicable. Establishes formula for vacancy appointment by Board and Vacancy fulfillment by election. SECTION 8.ORGANIZATION OF THE BOARD; QUORUM. Board elects presiding officer and secretary from its own body, secretary serves as chair in absence of chair, majority (2 of 3) constitutes a quorum. SECTION 9. COMPENSATION AND EXPENSES OF COMMISSIONERS. Board sets its compensation rate and expense reimbursement. Changes in compensation must be posted, per open meetings Act for 30 days preceding action to change. SECTION 10. PERFORMANCE BONDS. Requires bonds, paid by board, for any one handling district money. SECTION 11. ISSUANCE OF BONDS; ORDER AND ELECTION. Clarifies the district's ability and responsibility to hold bond election, levy ad valorem taxes & revenue bonds. SECTION 12. BONDS PROCEEDS. Does not grant new power or set new restrictions on bond proceeds. SECTION 13. LIMITATION ON TAX BONDS OUTSTANDING. Restricts outstanding bonds to seven percent of assessed value. SECTION 14. SALE OR EXCHANGE OF BONDS. No new authorities or restrictions. SECTION 15. BOND APPROVAL. Requires attorney general approval. SECTION 16. REFUNDING BONDS. No new powers or restrictions. SECTION 17. BONDS AS INVESTMENTS; PAID BONDS. No new restrictions or authorities. SECTION 18. TAX TO PAY BONDS. Requires voter approval to levy and collect funds to meet bond indebtedness. SECTION 19. MAINTENANCE TAX. Authorizes the levy of a maintenance tax and specifies its use. SECTION 20. TAX ASSESSOR AND COLLECTOR. Establishes Brazoria County Tax Assessor as same for district. Does not grant new powers or restrictions. SECTION 21. TAX LIEN. Does not grant new powers or restrictions. SECTION 22. REPEALER. Specific actions which establish "chain of command" and salaries/expenses are repealed. SECTION 23. SEVERABILITY. Does not establish new authorities or restriction(s). SECTION 24. EMERGENCY CLAUSE. SUMMARY OF COMMITTEE ACTION H.B. 3231 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.