BLS H.B. 3597 75(R)    BILL ANALYSIS


NATURAL RESOURCES
H.B. 3597
By: Williamson
5-5-97
Committee Report (Unamended)



BACKGROUND 

An entity is needed in the rural areas of Parker County to provide for the
orderly development of water and wastewater services.  A utility district
created under Section 59, Article XVI, with the powers of Chapters 49, 54,
and 65, Water Code, would provide these needed services.  

PURPOSE

To create the Parker County Utility District No. 1 to provide water and
waste water facilities for the rural areas of Parker and Wise Counties.  

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 Parker County Utility District No. 1.  This
section also  
provides that the district is a governmental agency and a body politic and
a corporate.  

(b)  Provides that the district is created under and is essential to
accomplish the purposes of Article XVI, Section 59, Texas Constitution. 

SECTION 1.02.   Provides definitions used in the bill. 

SECTION 1.03.  Provides the purpose of the bill is to:

 (1) purchase, own, hold, lease, or otherwise acquire wastewater
collection facilities; 
 (2)  build, operate, and maintain facilities to treat and transport
wastewater;  
 (3)  to protect, preserve, and restore the purity and sanitary condition
of water within the  district, and  
 (4)  to provide other utilities within the district if the utilities are
not otherwise provided.  

SECTION 1.04.  Sets forth the boundaries and territory included in the
district.  

SECTION 1.05  Sets forth the finds of the legislature relating to the
boundaries of the district.  

SECTION 1.06.  Sets forth the findings of benefits to all of the land in
the district.  

SECTION 1.07  Sets forth the legislative findings of state benefit. 

SECTION 1.08.  (a)Sets forth the powers of the district as provided by the
general law of this state, including Chapters 49, 54, and 65, Water Code.  

 (b)  Provides that the district may not levy or collect ad valorem taxes. 

 (c)  Provides that the rights, powers, privileges, authority, functions,
and duties of the  district are subject to the continuing right of
supervision of the TNRCC. 

SECTION 1.09   Provides that a confirmation election is not required. 

SECTION 2.01   (a)  Provides the district is governed by a board of
directors.  

(b)  Provides the governing bodies of the City of Springtown and Walnut
Creek Special Utility District shall each appoint three initial directors.

(c)  Provides that initial directors shall serve until permanent directors
are appointed.  

(d)  Provided the County Judge of Parker county, or his designee, shall
serve as an ex officio director.  

(e)  Provides permanent directors shall be appointed not earlier than
April 1 or later than April 30, 1998.  

(f)  Provides for the appointment of directors by member entities.

(g)  Provides for the appointment of directors not later that April 1 and
not later than  
April 30 of each year after 1998.
(h)  Provides that permanent directors serve staggered four year terms,
unless required under subsection (j) to serve less than four years.  
(i)   Provides that permanent directors appointed begin serving on May 1
of each year.  
(j)   Provides that, for purposes of staggering the terms of directors,
the board shall develop a procedure to determine which directors appointed
under subsections (e) through (g) shall serve four-year terms and which
shall serve terms of less than four years. 

(k)  Provides provisions to fill a vacancy. 
(l)  Provides that the appointment of a director is invalid unless made as
provided in this act.  
(m)  Provides a participant entity or customer may not appoint a director
for any reason.  
SECTION 2.02.  Delineates provisions for removal of directors.

SECTION 2.03.  Set forth the qualifications for directors 
SECTION 2.04  Provides that all directors, to include the chairman, may
vote on any matter considered by the board.  
SECTION 2.05  (a) Provides that no director may receive compensation for
serving on the board. 
 (b)  Provides that a director may receive reimbursement for travel or
other expenses reasonably incurred by the director while acting on behalf
of the district.  
SECTION 2.06  Provides the board may appoint or elect ex officio
directors, and provide for the powers and duties of such directors in the
bylaws, rules or regulations of the district.  
SECTION 2.07.  Provides that the board has exclusive authority to manage
the district.  
SECTION 2.08.  Sets forth the powers and duties of the board of directors. 
SECTION 2.09.  (a)  Provides that officers will be elected at the first
board meeting following the appointment of initial directors.  Officers
shall be elected from the initial directors.  
 (b)  Provides for the elections of officers  under Section 2.01(e)
  (c)  Provides that each subsequent year at the first board meeting
following the appointment of the directors under Section 2.01(g) the board
will elect from the directors new officers for the district.  
 (d)  Provides that officers serve until the election of new officers. 
SECTION 2.10. Delineates the powers and duties of the officers 
SECTION 2.11  Provides that the board my appoint and employ persons,
firms, corporations, partnerships, or other entities that the board
determines is necessary to conduct the affairs of the district.  
SECTION 2.12.  Provides that the officers and directors are subject to the
conflict of interest provisions of Chapter 572, Government Code.  
SECTION 2.13.  Provides the open records provisions of Chapter 551,
Government Code, apply to the district.  
SECTION 2.14.  Provides that a quorum of the directors of the district is
required to be present at a board meeting for the board to conduct
district business., and provides the bylaws must provide what constitutes
a quorum, except that a quorum may not be less than a majority of the
directors serving on the board.  
 (b)  Provides the bylaws shall specify the number of votes necessary to
approve a matter considered by the board, except that the number of votes
specified may not be less than a majority of the directors present at the
meeting.  
SECTION 2.15  Provides for the establishment of a customer advisory
council.  
SECTION 2.16.  Provides that the district may charge an annual pro rata
fee to pay for administration and planning costs incurred by the district.
Such fee may not exceed $2.00 per member entity per capita population of
the member entity, unless the board and at least 75 percent of the member
entities of the district agree to a different fee.  
SECTION 2.17  Provides for the expansion of district boundaries if the
boundaries of the member entity are contiguous to the boundaries of the
district, and the requested expansion is approved by a three-quarters
majority vote of the directors of the district.  
SECTION 2.18.  Provides the board may adopt and enforce reasonable rules
and regulations to exercise the powers and perform the duties of the
board.  
SECTION 3.01  (a)  Provides the district may provide wastewater
collection, treatment, or service within the district.  
 (b)  Provides the district may own, operate, and provide other necessary
utilities and services within the district, to include raw water, potable
water, water distribution and treatment , solid waste, collection and
disposal, fire, police, and ambulance services, if the right to own,
operate, or provide the utility or service has not been conveyed to
another entity.  
 (c)  Provides  that they district is not required to own, operate, or
provide other necessary utilities or services unless the district is
required to under its permit, certificate, or license issued by the state.
SECTION 3.02.  Delineates protection provisions for customers and other
entities in the district.  
SECTION 3.03   Provides that the district may purchase, construct, or
acquire works and facilities.  
SECTION 3.04  Provides that the district is a political subdivision for
the purposes of Chapter 395, Local Government Code.  
 SECTION 3.05.  Delineates additional powers of the district. 
SECTION 3.06.  Grants the district the right of eminent domain and
prescribes procedures and limitations on the exercise of this power.  
SECTION 3.07.  Provides that the district may provide services outside the
service area of the district as provides by state law.  
SECTION 3.08.  Provides the district may establish, acquire, operate, and
maintain a regional solid waste disposal system and a nonhazardous liquid
waste disposal system.  
SECTION 3.09.  Provides the district may adopt and enforce rules relating
to protection of the quality of water flowing to or from the areas in or
surrounding the lakes, reservoirs, and other sources of water supply
owned, operated, or controlled by the district, consistent with rules and
regulations of the state.  
SECTION 3.10.  Provides that the district may adopt, enforce, and collect
all assessed charges, fees, rates, and rentals that are necessary to
provide services and facilities to customers and users of the district.  
SECTION 3.11.  Provides the district and the land within the district are
subject to any ordinances, codes, resolutions, rules, or regulations of a
municipality, including platting and zoning requirements, that have
jurisdiction over territory within the district.  
SECTION 3.12.  Provides the district may enter into contracts with the
United States, any agency of the state of Texas, a municipality, county,
water supply corporation, an entity created under Section 52, Article III,
or Section 59, Article XVI, Texas Constitution, or other public or private
entities.  
SECTION 3.13.  Provides that the entities identified in Section 3.12
above, may contract with the district.  
SECTION 3.14.  Provides the board of directors , by order or resolution,
shall designate one or more bank inside the district to serve as
depository for the funds of the district.  
SECTION 3.15.  Provides the district may enter into agreements with local
governments under the Interlocal Cooperation Act, Chapter 791, Government
Code, and enter into joint agreements or contracts with a water supply
corporation, municipality, an entity created under Section 52, Article
III, or Section 59, Article XVI, Texas Constitution, a county, a political
subdivision of the state, the state, or other private or public entity. .  
SECTION 4.01  Requires that all funds and accounts of the district by
audited by an independent auditor.  
SECTION 4.02.  Provides the district may pay the costs and expenses
incurred in obtaining the Walnut Basin Regional Wastewater Study, and if
conducted, other feasibility studies and other costs and expenses incurred
in creating and organizing the district, including reimbursement of costs
and expenses incurred by the City of Springtown and the Walnut Creek
Special Utility District. 
SECTION 4.03.  Provides that the functions of the district are essential
public functions under the Texas Constitution , and is not required to pay
any tax or assessment on any property or project owned, operated, leased,
or controlled by the district.  
SECTION 5.01.  Provides the district may issue bonds to provide district
funds to carry out the purposes and exercise the powers of the district.  
SECTION 5.02  (a)  Provides that obligations created from the issuance of
bonds may be made payable from all or part of the revenues of the district
derived from any lawful source, including revenues derived from a contract
with a customer or other user of facilities owned or operated by  the
district,  and may be paid from and secured by liens on the pledges of all
or part of the revenue, income, or receipts derives from the districts
ownership, operation, lease, or sale of property, or revenues from
contracts with any person, firm, corporation, municipality, public agency,
or other political subdivision or entity. 
 (b)  Provides that bonds and other obligations of the district may be
additionally secured my mortgages or deeds of trust on real property owned
or to be acquired by the district and by chattel mortgages or liens on
personalty appurtenant to the realty.  The board may authorize certain
encumbrances.  The district may also pledge certain receivables to the
payment of the obligations.   

 (c)  Provides that the district may pledge all or part of the district's
revenue, income, or receipts from fees, rental, rates, charges, or
contract proceed or payments to the payment of the district's  bonds.  
 (c)  Defines payments and revenues that are pledged for the benefit of
the district are those revenues of the district set forth in Section
3.13(a) and (b) Article 3 of this act.  
SECTION 5.03.  Provides the terms and conditions for any bonds or other
obligations of the district.  
SECTION 5.04  Provides that obligations under this article are negotiable
instruments for the purposes of Chapter 8, Business and Commerce Code.  
SECTION 5.05.  Provides for the use of proceeds from any bonds. 
SECTION 5.06.  (a)Provides that all bonds issued by the district and the
appropriate proceedings authorizing the issuance of the bonds shall be
submitted to the attorney general for examination under Article 3, Chapter
53, Acts of the 70th Legislature, 2nd Called Session, 1987, (Article
717k-8 Vernon's Texas Civil Statutes). 
 (b)  Provides that the district may issue bonds and other obligations  as
provided by Article 717q, Vernon's Texas Civil Statutes, and as provided
by the Bond Procedures Act of 1981 (Article 717k-6, Vernon's Texas Civil
Statutes).  
SECTION 6.01.  (a)Provides that upon receipt of a petition submitted by
the governing body of a local government, other political subdivision, or
private entity, the board may add a member entity to the district.  
 (b)  Provides a petition must be submitted as provided by district
bylaws.  
 (c)  Provides the board shall give notice and hold a hearing on the
petition to determine if adding the member entity to the district will
benefit the territory or service area with the member entity, and is in
the best interest of the district.  
 (d)  Provides, if accepted, the board shall issue an order adding the
member entity and the territory of service area of the member entity to
the district; making the member entity subject to the privileges, duties,
assets, and financial obligations of the district. 
 (e)  Provides the board shall require that the member entities added to
the district must reimburse the existing member entities of the district
for the costs incurred in creating and operating the district .
Reimbursement under this subsection  must be an equitable pro rate share
of the costs paid by the existing member entities of the district.  
SECTION 6.02.  Provides for the appointment of directors by a new member
entity.  
SECTION 7.01  (a)  Requires the governing bodies of the City of Springtown
and the Walnut Creek Special Utility District to appoint the appropriate
number of initial directors not later than the 30th day after the
effective date of this act.  
 (b)  Provides that the County Judge of Parker County, Texas shall begin
serving as an ex  officio director on the effective date of this act.  
SECTION 7.02  (a)  Provides that the proper and legal notice setting forth
the substance of this Act has been published a provided by law.  Provides
that a notice of a copy of this Act has been furnished to the required
person, 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 7.03.  Emergency clause and effective date upon passage.