BLS H.B. 706 75(R)BILL ANALYSIS
NATURAL RESOURCES
H.B. 706
By: Cook
3-5-97
Committee Report (Unamended)
BACKGROUND
On September 23, 1985, the Bastrop County Commissioner's Court created the
Bastrop County Water Control and Improvement District #2.
Bastrop County Water Control and Improvement District #2 is a water
district that has boundaries that are coterminous with the Tahitian
Village Subdivision, Units 1 through 5. The Tahitian Village Subdivision
was platted by developers from August of 1972 through July of 1973. During
the period from 1973 through 1985, the Tahitian Village Corporation did
road construction and maintenance, using a portion of the annual charges
paid by lot owners for these services.
Due to dissatisfaction with the use of the funds from these annual fees
and the general management of the subdivision, a lawsuit was filed in 1985
by the Tahitian Village Property Owners Association, Inc., against the
Tahitian Village Corporation, Riverside Services, Inc., and others. The
lawsuit was settled in June of 1986.
Primarily, the settlement provided for the transfer of the water
distribution system operated by Riverside Service Co., Inc., to the
Bastrop Water Control and Improvement District #2 created in 1985. This
gave the water district the additional power of a road district.
In September of 1995, the road district authority of the Bastrop Water
Control and Improvement District #2 expired. During the time that Bastrop
County Water Control and Improvement District #2 had road district
authority, approximately 8.5 miles of roads were completed by the
district. Additionally, 5.5 miles of road have been accepted for future
repairs and maintenance by the city and county, and there remains
approximately 54.5 miles of road to be completed.
PURPOSE
To again grant road district authority, which expired in September 1995,
to the Bastrop County Water Control and Improvement District #2.
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: Definitions
SECTION 2: Grants all the powers and duties of a road district provided
under Section 52, Article III of the Texas Constitution to the Bastrop
County Water Control and Improvement District #2. Also, to the extent it
can be applied within the district's boundaries, the governing body of the
district has the powers that Chapter 257 of the Transportation Code grants
a county commissioner's court.
SECTION 3: States that the district shall adopt a master plan and make
improvements in accordance with that master plan. Additionally, this
section lists specific components that must be included in the master
plan.
SECTION 4: States that the district shall submit a master plan for
approval by the city and the county, and the city or county then has 61
days to review the plan and present any proposed revisions. Further, this
section also requires the district to review and adopt the plan in a
public hearing.
SECTION 5: Requires the district to conduct annual public hearings on
revisions to inform the public and provide the opportunity for public
comment.
SECTION 6: Allows the board to impose a monthly charge of $5 for each lot,
tract, or reserve; stipulates that no more than 10 percent of the money
will be used for administration and 15 percent for road maintenance.
SECTION 7: Prohibits the district's board from issuing bonds or
authorizing a tax, unless the tax has been approved by a two-thirds
majority of the voters in the district who vote in an election held for
that purpose. Also, this section stipulates that bonds, notes or other
obligations cannot exceed one-fourth of the value of real property in the
district.
SECTION 8: States that road plans must be presented and approved before
construction begins, and that plans are automatically approved if the
governing body does not act within 22 days after the plans are presented.
Also, describes the standards the city or county shall apply in reviewing
plans or specifications for construction in a subdivision.
SECTION 9: Allows the city and county to perform or require reasonable
inspections and testing and include the costs thereof in bid
specifications.
SECTION 10: Requires that improvements be conveyed to the city or county,
and, if jurisdiction of the city and the county overlap, the more
stringent standard applies.
SECTION 11: Grants additional powers to the road district which allows it
to: select a professional consultant, select and approve contractors and
subcontractors, supervise road and drainage work, contract in accordance
with state law, supervise the use of money, and approve expenditures for
necessary maintenance.
SECTION 12: Requires the district to submit an annual report to
legislators who represent the area. This section also stipulates that the
report must include the progress of work during the preceding year, the
revenue expended during the preceding year, revisions to the master plan,
and a complete financial statement listing.
SECTION 13: Stipulates that the road district's authority is terminated
when the road improvements called for by the master plan are completed and
the appropriate governmental entities have accepted all road improvements
in the district. This section also states that any related money shall be
distributed to the appropriate governmental entities for road maintenance.
SECTION 14: Emergency clause. Effective upon passage.