BILL ANALYSIS
C.S.S.B. 1606
By: Wentworth
Natural Resources
04-19-95
Committee Report (Substituted)
BACKGROUND
Municipal utility districts are conservation and reclamation
districts created to supply water and wastewater service, control
stormwater, irrigate land, provide parks and recreational
facilities, and accomplish other goals within the district. These
districts issue bonds to finance the necessary facilities. It is
not uncommon for conservation or reclamation districts to be
created legislatively.
PURPOSE
As proposed, C.S.S.B. 1606 creates Travis County Municipal District
Nos. 3-9.
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. CREATION, ADMINISTRATION, POWERS, DUTIES, OPERATION, AND
FINANCING OF TRAVIS COUNTY MUNICIPAL DISTRICT NO. 3.
SUBSECTION 1. CREATION. (a) Creates Travis County Municipal
District No. 3 (district) subject to approval under Subsection
9. Provides that the district is a governmental agency and a
body politic and corporate.
(b) Provides that the district is created under and is
essential to accomplish the purposes of Article XVI, Section
59, Texas Constitution.
SUBSECTION 2. DEFINITION. Defines "commission" and
"district."
SUBSECTION 3. BOUNDARIES. Sets forth the territory included
in the district.
SUBSECTION 4. FINDINGS RELATING TO BOUNDARIES. Sets forth
the findings of the legislature relating to the boundaries of
the district.
SUBSECTION 5. FINDING OF BENEFIT. Provides that all of the
land and other property included in the boundaries of the
district will be benefitted by the works and projects compiled
by the district. Provides that the district is created to
serve a public use and benefit.
SUBSECTION 6. POWERS. (a) Provides that the district has all
of the rights, powers, privileges, authority, functions, and
duties (powers) provided under general law of this state.
Provides that this Act prevails over any provision of general
law that is conflicting or inconsistent with this Act.
(b) Subjects the powers of the district to the continuing
right of supervision of the state to be exercised by and
through the commission.
SUBSECTION 7. BOARD OF DIRECTORS. (a) Provides that the
district is composed of a five-member board of directors
(board).
(b) Provides that temporary directors serve until initial
permanent directors are elected under Subsection 9.
(c) Provides that initial permanent directors serve until
permanent directors are elected under Subsection 10.
(d) Provides that permanent directors other than initial
permanent directors serve staggered four-year terms.
(e) Requires each director to qualify to serve as director
in the manner provided by Sections 54.025 and 54.116, Water
Code.
(f) Provides that a director serves until the successor has
qualified.
SUBSECTION 8. TEMPORARY DIRECTORS. (a) Sets forth the
composition of the temporary board.
(b) Requires the qualified temporary directors to appoint a
person to fill a vacancy if a temporary director fails to
qualify for office. Requires the commission to appoint the
necessary number of persons to fill vacancies on the board
if there are less than three qualified temporary directors.
SUBSECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
(a) Requires the temporary board to call and hold an election
to confirm establishment of the district and to elect five
initial directors.
(b) Provides that Section 41.001(a), Election Code, does not
apply to a confirmation election held as provided by this
section.
SUBSECTION 10. ELECTION OF DIRECTORS. Sets forth the
election dates of the directors once they have started holding
staggered terms.
SUBSECTION 11. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT.
Prohibits a municipality, in whose extraterritorial
jurisdiction (ETJ) the district lies, from passing any
ordinances, resolutions, or any other actions which impair the
ability of the district to exercise its powers or its ability
to finance, construct, or operate its water, wastewater, or
drainage systems.
SUBSECTION 12. ANNEXATION. Prohibits the district from being
annexed by a municipality in whose ETJ the district lies
without an affirmative vote of a majority of the qualified
voting electors at an election held by the district to
consider a proposition for or against the annexation.
SUBSECTION 13. REIMBURSEMENT TO LANDOWNER OR DEVELOPER,
INSTALLATION OF FACILITIES. Requires a municipality, in whose
ETJ the district is located annexes the district for the full
or limited purpose and the annexation precludes the district's
ability to issue bonds, to pay in cash to the landowner or
developer of the district a sum equal to all costs and
expenses incurred by the landowner or developer connected with
the district that the district has, in writing, agreed to pay
and that would have been eligible for reimbursement from bond
proceeds under rules and requirements of the commission that
exist on the annexation date. Requires the municipality to be
required to install all necessary water, wastewater, and
drainage facilities to serve full buildout of development
within the district after the annexation.
SECTION 2. CREATION, ADMINISTRATION, POWERS, DUTIES, OPERATION,
AND FINANCING OF TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 4.
SUBSECTION 1. CREATION. (a) Creates Travis County Municipal
Utility District No. 4 subject to approval at a confirmation
election under Subsection 9 of this Act. Provides that the
district is a governmental agency and a body politic and
corporate.
(b) Provides that the district is created under and is
essential to accomplish the purposes of Article XVI, Section
59, Texas Constitution.
SUBSECTION 2. DEFINITION. Defines "commission" and
"district."
SUBSECTION 3. BOUNDARIES. Sets forth the territory of the
district.
SUBSECTIONS 4 - 13. Create a similar board with powers
identical to the board created for district no. 3. Sets forth
the composition of the temporary board. Establishes
provisions for annexation of the district identical to those
for district no. 3.
SECTION 3. CREATION, ADMINISTRATION, POWERS, DUTIES, OPERATION,
AND FINANCING OF TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 5.
SUBSECTION 1. CREATION. (a) Creates Travis County Municipal
Utility District No. 5 subject to approval at a confirmation
election under Subsection 9 of this Act. Provides that the
district is a governmental agency and a body politic and
corporate.
(b) Provides that the district is created under and is
essential to accomplish the purposes of Article XVI, Section
59, Texas Constitution.
SUBSECTION 2. DEFINITION. Defines "commission" and
"district."
SUBSECTION 3. BOUNDARIES. Sets forth the territory of the
district.
SUBSECTIONS 4 - 13. Create a similar board with powers
identical to the board created for district no. 3. Sets forth
the composition of the temporary board. Establishes provisions
for annexation of the district identical to those for district
no. 3.
SECTION 4. CREATION, ADMINISTRATION, POWERS, DUTIES, OPERATION, AND
FINANCING OF TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 6.
SUBSECTION 1. CREATION. (a) Creates Travis County Municipal
Utility District No. 6 subject to approval at a confirmation
election under Subsection 9 of this Act. Provides that the
district is a governmental agency and a body politic and
corporate.
(b) Provides that the district is created under and is
essential to accomplish the purposes of Article XVI, Section
59, Texas Constitution.
SUBSECTION 2. DEFINITION. Defines "commission" and
"district."
SUBSECTION 3. BOUNDARIES. Sets forth the territory of the
district.
SUBSECTIONS 4 - 13. Creates a similar board with powers
identical to the board created for district no. 3. Sets forth
the composition of the temporary board. Establishes
provisions for annexation of the district identical to those
for district no. 3.
SECTION 5. CREATION, ADMINISTRATION, POWERS, DUTIES, OPERATIONS,
AND FINANCING OF TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 7.
SUBSECTION 1. CREATION. (a) Creates Travis County Municipal
Utility District No. 7 subject to approval at a confirmation
election under Subsection 9 of this Act. Provides that the
district is a governmental agency and a body politic and
corporate.
(b) Provides that the district is created under and is
essential to accomplish the purposes of Article XVI, Section
59, Texas Constitution.
SUBSECTION 2. DEFINITION. Defines "commission" and
"district."
SUBSECTION 3. BOUNDARIES. Sets forth the territory of the
district.
SUBSECTIONS 4 - 13. Creates a similar board with powers
identical to the board created for district no. 3. Sets forth
the composition of the temporary board. Establishes
provisions for annexation of the district identical to those
for district no. 3.
SECTION 6. CREATION, ADMINISTRATION, POWERS, DUTIES, OPERATIONS,
AND FINANCING OF TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 8.
SUBSECTION 1. CREATION. (a) Creates Travis County Municipal
Utility District No. 8 subject to approval at a confirmation
election under Subsection 9 of this Act. Provides that the
district is a governmental agency and a body politic and
corporate.
(b) Provides that the district is created under and is
essential to accomplish the purposes of Article XVI, Section
59, Texas Constitution.
SUBSECTION 2. DEFINITION. Defines "commission" and
"district."
SUBSECTION 3. BOUNDARIES. Sets forth the territory of the
district.
SUBSECTIONS 4 - 13. Creates a similar board with powers
identical to the board created for district no. 3. Sets forth
the composition of the temporary board. Establishes
provisions for annexation of the district identical to those
for district no. 3.
SECTION 7. CREATION, ADMINISTRATION, POWERS, DUTIES, OPERATIONS,
AND FINANCING OF TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 9.
SUBSECTION 1. CREATION. (a) Creates Travis County Municipal
Utility District No. 9 subject to approval at a confirmation
election under Subsection 9 of this Act. Provides that the
district is a governmental agency and a body politic and
corporate.
(b) Provides that the district is created under and is
essential to accomplish the purposes of Article XVI, Section
59, Texas Constitution.
SUBSECTION 2. DEFINITION. Defines "commission" and
"district."
SUBSECTION 3. BOUNDARIES. Sets forth the territory of the
district.
SUBSECTIONS 4 - 13. Creates a similar board with powers
identical to the board created for district no. 3. Sets forth
the composition of the temporary board. Establishes
provisions for annexation of the district identical to those
for district no. 3.
SECTION 8. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a)
Provides that the proper and legal notice setting forth the
substance of this Act has been published as provided by law.
Provides that a notice of a copy of this Act has been furnished to
the required people and entities according to the constitution and
other laws of this state.
(b) Provides that the Texas Natural Resource Conservation
Commission has filed its recommendations relating to this Act
with the governor, lieutenant governor, and the speaker of the
house of representatives within the required time.
(c) Provides that all requirements of the constitution and
laws of this state and the rules and procedures of the
legislature with respect to the notice, introduction, and
passage of this Act are fulfilled and accomplished.
SECTION 9. Emergency clause.
Effective date: upon passage.