JWB S.B. 1451 75(R)BILL ANALYSIS


WAYS & MEANS
S.B. 1451
By: Nelson (Horn)
5-15-97
Committee Report (Unamended)



BACKGROUND 

Currently, once a county development district is established, land may be
added or excluded from the district by order of the county commissioners
court.  Concern exists that this action may be done without any direct
input by voters in the district or in an area proposed for attachment.   

PURPOSE

As proposed, S.B. 1451 provides that if a commissioners court makes a
finding to add territory to a county development district, it must conduct
an election of voters residing in the district and in the territory
proposed to be added. 

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 312.638, Tax Code, by amending  Subsection (b)
and adding Subsections (c)-(e), to delete the requirement for the
commissioners court to order adding or  excluding certain land.  Requires
the court to enter an order excluding land, if the commissioners  court
makes a finding to exclude land from the county development district
(district).  Requires the commissioners court to call and hold an election
for the purpose of adding land in the territory to be added to the
district and an election in the existing territory of the district, if the
commissioners court makes a finding to add land to the district.  Requires
elections to be held on the same date.  Requires the commissioners court
to set the date of the elections in accordance with Section 41.001,
Election Code.  Requires the commissioners court to order the expansion of
the district only if a majority of the voters voting in each election
approve the expansion of the district.  Requires the ballots to be printed
in a certain manner to provide for voting for or against the proposition. 

SECTION 2.Emergency clause.
Effective date: upon passage.