JH H.B. 776 75(R)BILL ANALYSIS


URBAN AFFAIRS
H.B. 776
By: Tillery
3-13-97
Committee Report (Substituted)



BACKGROUND 

Chapter 402 of the Local Government Code is entitled Municipal Utilities.
Subchapter C contains the Municipal Drainage Utility Systems Act,
originally enacted in 1985.  This act contains the authority for cities to
assess drainage charges on "benefitted property."  These charges may be
determined on any basis other than ad valorem. 

PURPOSE

This bill would delete agricultural land from the definition of benefitted
property for cities over one million population.   

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.  Amends Local Government Code Section 402.044 to delete
agricultural land from the definition of "benefitted property" in cities
over one million population. 

Section 2.  Effective date of September 1, 1997.

Section 3.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill would have generally included commercial parking lots in
the definition of "benefitted property" for all municipal drainage systems
regardless of population and would have required that the benefitted
property receive municipal utility services.  The original bill would have
deleted the special definition of "benefitted property" for cities of more
than one million population.