BLS H.B. 3579 75(R)BILL ANALYSIS


NATURAL RESOURCES
H.B. 3579
By: Zbranek
4-30-97
Committee Report (Amended)



BACKGROUND 

Cedar Bayou forms the western boundary of Chambers County.  To improve and
maintain its navigability, dredging is required.  The creation of the
proposed navigation district will provide a vehicle by which congressional
funding can be sought for dredging and maintenance.  The district will be
self-assessing, and the businesses and industrial owners whose properties
lie within the district will be benefited by the enhanced navigability
which will, in turn, economically benefit the whole of the County. 

PURPOSE

To create the Chambers County-Cedar Bayou Navigation 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.  CREATION: LEGISLATIVE DECLARATION.  Subsection (a)  creates
the Chambers County Cedar Bayou Navigation District ("the district"); (b)
the name of the district may be changed by the board of directors; (c)
creation of the district is essential to the accomplishment of the
purposes of Article XVI, Section 59, Texas Constitution and other purposes
stated in this Act; (d) legislative finding regarding the necessity of the
district; (e) legislative findings of benefit to the land and other
property included in the district. 

SECTION 2.  DEFINITION.  Defines the term "district."

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

SECTION 4.  FINDINGS RELATING TO BOUNDARIES.  States that the boundaries
of the District form a closure and any mistakes made in the legislative
process of defining the boundaries in no way affect the powers, validity
or operations of the District.  Any such mistake in boundaries definition
would also not affect the right of the District to levy and collect
assessments or taxes. 

SECTION 5.  BOARD OF DIRECTORS.  Provides for a board of directors of five
persons. Except for initial directors, directors are to be appointed by
the Commissioners Court of Chambers County from a list of candidates
recommended by the board in the manner provided in Section 375.064,
Government Code.  Directors serve staggered six-year terms and until
successor is appointed and qualified.  Appointments for unexpired terms
shall be made by remaining directors.  Initial directors are Jim Molnar,
David Baker, Johnnie Jennings, Joseph S. Antoline and Gordon Christman.
Provides for the terms of initial directors. Sets the qualifications for
directors.  Board shall be governed by the terms and conditions set forth
in Chapter 63, Subchapter C, Water Code, to the extent of no conflict with
this Act. 

SECTION 6.  GENERAL POWERS.  (a)  Grants powers to the district under
Chapters 60, 62,  and 63 Water Code; (b)  provides that the district may
finance authorized projects and services under laws applicable to the
district, and no petition shall be required for the board to be authorized
to levy assessments or impact fees;  (c) denies any power to levy ad
valorem taxes unless approved by majority of the district's qualified
electors; (d)  provides that the district shall bear the cost for
relocations, adjustments, grade changes, etc. and for damages to any
property owners resulting from such relocations, adjustments, grade
changes, etc. 

SECTION 7.  TORT CLAIMS.  Provides that the operations of the District are
considered governmental functions and not proprietary. 

SECTION 8.  ANNEXATION AND EXCLUSION OF TERRITORY BY THE District.  The
District may annex land and exclude land under Chapter 63, Water Code.
Land in a municipality may be annexed only if the municipality consents. 

SECTION  9.  MUNICIPAL ANNEXATION OF THE District.  If the District lies
in the extraterritorial jurisdiction of a municipality, such municipality
may annex the district in whole or in part, notwithstanding Chapter 43,
Local Govt. Code.  Creation of the District shall not affect certain
powers of municipalities. Municipal annexation shall not effect the
validity of the District. 

SECTION 10.  BONDS AND ASSESSMENTS.  The District may issue bonds, may
levy and collect assessments which may be secured by liens against
property.  States conditions for approval of bonds.  Provides that
assessments of the Districts are liens against property. 

SECTION 11.  IMPACT FEES.  Impact fees may be imposed but not on certain
residential property. 

SECTION 12.  DISSOLUTION OF THE DISTRICT.  The District may be dissolved
under Section 375.261 or 375.262 of the Local Government Code. 

SECTION 13.  COMPETITIVE BIDDING.  Contracts shall awarded as a result of
competitive bidding. 

SECTION 14.  NOTICE AND CONSENT.  Findings that proper notice to introduce
the Act has been published provided by law. 

SECTION 15.  SEVERABILITY CLAUSE. 

SECTION 16.  EMERGENCY CLAUSE. 



EXPLANATION OF AMENDMENTS

Committee Amendment No. 1:  On page 9, lines 17-19, deletes the words "and
the operations of the district are considered essential governmental
functions and not proprietary functions for all purposes, including the
application of the Texas Tort Claims Act".