BILL ANALYSIS



S.B. 260
By: Leedom (Jones, Jesse)
03-15-95
Committee Report (Amended)


BACKGROUND

Senate Bill 1409, Acts of the 72nd Legislature, Regular Session,
1991, amended Chapter 402C, Local Government Code, to authorize
municipal drainage utilities to bill only properties that receive
water, wastewater, or electrical utility service from the
municipality ("benefitted properties").  The definition excluded
charges to developed properties such as parking lots, which
generally receive electrical service, but not water or wastewater
service. 

PURPOSE

As proposed, S.B. 260 makes definition changes to existing law
relating to municipal drainage utility systems.

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 402.044, Local Government Code, by
amending Subdivision (1) and adding Subdivisions (10) and (11), as
follows:

            (1)     Defines "benefitted property."
         
         (10)  Defines "improved lot or tract."
         
         (11)  Defines "wholly sufficient and privately owned
         drainage system."
         
SECTION 2. Effective date:  September 1, 1995.

SECTION 3. Emergency clause.
                  

EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 adds definition for "benefitted property"
in a municipality of more than 1,000,000 population and operating
a draining utility system.

Committee Amendment No. 2 makes Subchapter C, amended by the bill,
applicable to territory outside corporate limits of municipalities
with 400,000 population or more in a county or counties of less
than 600,000 population only if property receives municipal
utilities and drainage service.


SUMMARY OF COMMITTEE ACTION

S.B. 260 was considered by the committee in a public hearing on
February 27, 1995.  The following person testified in favor of the
bill: Rep. Jones.  The bill was left pending.  It was taken up in
a public hearing on March 13, 1995.  The following person testified
in favor of the bill: Rep. Jones.  The committee considered 2
amendments to the bill.  Both of those amendments were adopted
without objection.  The bill was reported favorably, as amended,
with the recommendation that it do pass and be printed, by a record
vote of 7 ayes, 0 nays, 0 pnv, and 2 absent.