BLS H.B. 376 75(R)BILL ANALYSIS


NATURAL RESOURCES
H.B. 376
By: Rodriguez
3-19-97
Committee Report (Amended)



BACKGROUND 

From 1948 until the passage of Senate Bill 626 by the 74th Legislature,
the Bexar Metropolitan Water District was required to receive approval
from the Office of the Attorney General before issuing bonds.  This
safeguard still remains necessary. 

However, with the codification of Texas' water laws by the 74th
Legislature, where requirements on certain types of districts were
collectively applied to all water districts, the mandate of preapproval
for bond issues that was applied to most water districts also came to
apply to the Bexar Metropolitan Water District.   

The special statute which created the Bexar Metropolitan Water District in
1945 characterized it in and of itself as a public agency.  Requiring this
public agency, with an elected board, to go through two sets of other
governmental agency approval procedures simply because of a sweeping
codification, is not necessary.  TNRCC also agrees that its approval of
bond issues for the Bexar Metropolitan Water District is unnecessary.  

PURPOSE

To amend the original 1945 law which created the Bexar Metropolitan Water
District to exempt two sections of the Water Code from applying to the
issuance or sale of bonds by that 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.  Adds Section 15A to the Bexar Metropolitan Water District
creation statute to exempt the Bexar Metropolitan Water District from
Water Code Sections 49.181 and 49.183 insofar as they deal with the
issuance and sale of district bonds. 

 SECTION 2.  Local bill approval compliance clauses.

 SECTION 3.  Emergency clause.



EXPLANATION OF AMENDMENTS

Committee Amendment No. 1:  
In Section 1 of the bill, adds a new Section 15B to the District's
creation statute to provide as follows:  requires the District to take
actions deemed necessary and desirable by the Board to conserve and
protect the water in the Edwards Aquifer;  allows the District to issue
bonds and to acquire, construct, purchase, improve, renovate, or take any
other similar action to provide facilities designed to achieve such
purposes, including, but not limited to, entering into certain agreements
deemed by the Board to be advantageous to the District.