JBM S.B. 23 75(R)    BILL ANALYSIS


NATURAL RESOURCES
S.B. 23
By: Brown (Jackson)
5-12-97
Committee Report (Unamended)



BACKGROUND 

In the 74th Legislature, the Clear Creek Watershed Regional Flood Control
District was created. Certain boundaries currently exist using information
from census tracts.  This bill establishes a more precise definition of
boundaries by setting forth metes and bounds, providing more time before a
confirmation election is called, and clarifying the requirement that
voters must first approve the district's ability to levy and collect an ad
valorem tax for maintenance. 

PURPOSE

To establish a more precise definition of boundaries of the Clear Creek
Watershed Regional Flood Control District by setting forth metes and
bounds, providing more time before a confirmation election is called, and
clarifying the requirement that voters must first approve the district's
ability to levy and collect an ad valorem tax for maintenance. 

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 Section 3, Chapter 699, Acts of the 74th Legislature,
Regular Session, 1995, as follows: 

SECTION 3. BOUNDARIES OF DISTRICT.  Sets forth the boundaries of the Clear
Creek Watershed Regional Flood Control District (district).  Deletes tract
provisions setting forth the boundaries of the district. 

SECTION 2. Amends Section 5(a), Chapter 699, Acts of the 74th Legislature,
Regular Session, 1995,  to require the initial board of directors of the
district to call a confirmation election to be held not later than three,
rather than two, years after the effective date of this Act within the
boundaries of the proposed district. 

SECTION 3. Amends Sections 37(a) and (b), Chapter 699, Acts of the 74th
Legislature, Regular Session, 1995, to require an ad valorem tax under
Subsection (b) to be authorized by a majority vote of the voters qualified
to vote and voting in the district at an election called and held for that
purpose.  Authorizes a district to perform certain functions concerning an
annual ad valorem tax, if the ad valorem maintenance tax is approved by
the voters.  Deletes existing Subsection (b) requiring an ad valorem
maintenance tax under Subsection (a) to be authorized by a majority vote
of the voters qualified to vote and voting in  the district at an election
called and held for that purpose. 

SECTION 4. Emergency clause.
  Effective date: upon passage.