SRC-JRN H.B. 3579 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 3579
By: Zbranek (Galloway)
Natural Resources
5-14-97
Engrossed


DIGEST 

Currently, Cedar Bayou forms the western boundary of Chambers 
County.  In order to improve and 
maintain the navigability of Cedar Bayou, dredging is required.  
This bill creates the Chambers 
County-Cedar Bayou Navigation District. 

PURPOSE

As proposed, H.B. 3579 creates the Chambers County-Cedar Bayou 
Navigation District. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a 
state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. CREATION; LEGISLATIVE DECLARATION.  Sets forth 
provisions relating to the 
creation and legislative declaration of the Chambers County-Cedar 
Bayor Navigation District 
(district).

SECTION 2. DEFINITION.  Defines "district."

SECTION 3. BOUNDARIES.  Sets forth the boundaries of the district.

SECTION 4. FINDINGS RELATING TO BOUNDARIES.  Provides that the 
legislature finds that 
the boundaries and field notes of the district form a closure.  
Provides that if mistakes are made in 
the field notes or in the copying the field notes in the 
legislative process, it does not affect the 
validity of the district in any way.

SECTION 5. BOARD OF DIRECTORS.  Sets forth the five-member board 
of directors of the 
district and provisions relating to the board of directors.

SECTION 6. GENERAL POWERS.  Sets forth the rights, powers, 
privileges, and authority of the 
district.

SECTION 7. TORT CLAIMS.  Provides that the district is a unit of 
government for purposes of 
Chapter 101, Civil Practice and Remedies Code.

SECTION 8. ANNEXATION AND EXCLUSION OF TERRITORY BY THE DISTRICT. 
Authorizes the district to annex land to and exclude land from 
the district in the manner provided 
by Chapter 63, Water Code.  Prohibits land from being annexed to 
the district unless the 
municipality in whose extraterritorial jurisdiction (as defined 
in Section 42.021, Local Government 
Code) the land lies consents to the annexation.

SECTION 9. MUNICIPAL ANNEXATION OF THE DISTRICT.  Sets forth 
provisions relating 
to annexation by a district that has extraterritorial 
jurisdiction of a municipality.

SECTION 10. BONDS AND ASSESSMENTS.  Sets forth provisions for the 
district to issue certain 
instruments, including bonds and assessments.

SECTION 11. IMPACT FEES.  Authorizes the district to impose impact 
fees as provided by Chapter 
375G, Local Government Code, for any authorized purpose.

SECTION 12. DISSOLUTION OF THE DISTRICT.  Provides that the 
district may be dissolved as 
provided in either Section 375.261 or Section 375.262, Local 
Government Code.

SECTION 13. COMPETIVE BIDDING.  Requires the district to contract 
for services, improvements 
or the purchase of materials, machinery, equipment, supplies, and 
other property as provided by 
Section 375.221, Local Government Code.

SECTION 14. NOTICE AND CONSENT.  Sets forth the findings of the 
legislature, including the 
proper and legal notice of provisions of this Act.  Sets forth 
findings of the legislature with regard 
to the Texas Natural Resource Conservation Commission.

SECTION 15. Severability clause.

SECTION 16. Emergency clause.
  Effective date: upon passage.