JBM H.B. 1484 75(R)BILL ANALYSIS NATURAL RESOURCES H.B. 1484 By: Patterson, L.P. "Pete" 3-19-97 Committee Report (Unamended) BACKGROUND Gober is a small community in southern Fannin County. This community is currently served by a water supply corporation. Recently, the community decided it would be more beneficial to have a municipal utility district rather than a water supply corporation. A notice was published in the Bonham Daily Favorite in compliance with statute. PURPOSE To create a municipal utility district in Gober, Texas. 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. (a) Creates the Gober Municipal Utility District (hereinafter "the district") subject to a confirmation election pursuant to Section of this Act. This section also 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. SECTION 2. Defines "district." SECTION 3. Sets forth the boundaries and territory included in the district. SECTION 4. Sets forth the findings of the legislature relating to the boundaries of the district. SECTION 5. 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. This section also provides that the district is created to serve a public use and benefit. SECTION 6. (a) Provides that the district has all of the rights, powers, privileges, authority, functions, and duties provided under general law of this state, including Chapters 49 and 54, Water Code, applicable to municipal utility districts created under Section 59, Article XVI, Texas Constitution. This section also 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 Texas Natural Resource Conservation Commission (TNRCC). SECTION 7. (a) Provides that the district is composed of a five-member board of directors. (b) Provides that temporary directors serve until initial directors are elected under Section 9 of this Act. (c) Provides that initial directors serve until permanent directors are elected under Section 10 of this Act. (d) Provides that permanent directors serve staggered four-year terms. (e) Requires each director to qualify to serve as director in the manner provided by Section 49.055, Water Code. (f) Provides that a director serves until the successor has qualified. SECTION 8. Sets forth the composition of the temporary board. SECTION 9. (a) Provides that the temporary board shall call and hold an election to confirm establishment of the district and elect five initial directors. (b) Provides that Section 41.001(a), Election Code, does not apply to the confirmation election. SECTION 10. (a) Sets forth the election dates and term requirements of the directors, providing for staggered terms. (b) Provides for postponement of elections if the election is within 60 days of the confirmation election or there is not sufficient time to comply with the law requirements. (c) Sets out the date on which subsequent elections will be held. SECTION 11. (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 persons, agencies, officials and entities according to the constitution and other laws of this state. (b) Provides that the TNRCC 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 12. Emergency clause and effective date is upon passage.