SRC-MAX C.S.S.B. 1558 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1558
By: Wentworth
Natural Resources
4-9-97
Committee Report (Substituted)


DIGEST 

Currently, the Water Code provides no method for enlarging an existing
defined area within which taxes have been imposed and improvements are
being constructed.  This bill allows the owner of land, whether inside or
outside the water control and improvement district, to petition for
inclusion in an existing defined area.   

PURPOSE

As proposed, C.S.S.B. 1558 authorizes a landowner to add land to a defined
area within a water control and improvement district under certain
conditions. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 51L, Water Code, by adding Section 51.530a, as
follows: 

Sec.  51.530a.  Authorizes the owner of land, subject to a water quality
plan approved by the Texas Natural Resource Conservation Commission, to
file with the board of directors (board) of a district a petition
requesting that the land described by metes and bounds in the petition,
whether contiguous or not to the defined area, be included within the
defined area previously established pursuant to Section 51.518 of this
code.  Authorizes the board to require the petitioner or petitioners to
assume their share of the outstanding  bonds, notes, or other obligations
and the voted but unissued tax bonds of the defined area and authorize the
board to levy a tax on their property in each year in which any of the
obligations payable in whole or in part from taxation on the defined area
are outstanding to pay their share of the indebtedness.  Requires a
petition of the landowner to add land to the defined area to be signed and
executed in the manner provided by law for the conveyance of real estate.
Requires the board to hear and consider the petition and may add to the
defined area the land described in the petition if it is feasible,
practicable, and to the advantage of the defined area and if the defined
area's system and other improvements of the defined are are sufficient or
will be sufficient to supply the added land without injuring land already
in the defined area. Authorizes the board to issue the voted but unissued
bonds even though the boundaries of the defined area have been altered
since the authorization of the bonds under certain conditions.  Requires
the granted petition to be filed for record and to be recorded in the
office of the county clerk of the county or counties in which the added
land is located. 

SECTION 2. Emergency clause.
  Effective date:  90 days after adjournment.


SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Chapter 51L, Water Code, to authorize the owner of land, subject to
a water quality  plan approved by the Texas Natural Resource Conservation
Commission, to file with the board a petition requesting that the land
described by metes and bounds in the petition be included within a certain
defined area.