SRC-JRN, AAA S.B. 1719 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1719
By: Ellis
Natural Resources
5-22-97
As Filed


DIGEST 

Currently, there is no law requiring an election to authorize the levy of
an operations and maintenance tax by certain large conservation and
reclamation districts and authorizing withdrawal from certain districts.
This bill requires certain large conservation and reclamation districts to
conduct a new election to authorize the levy of an operation and
maintenance tax after July 1, 1997. 

PURPOSE

As proposed, S.B. 1719 requires certain large conservation and reclamation
districts to conduct a new election to authorize the levy of an operation
and maintenance tax after July 1, 1997. 

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 49, Water Code, by adding Section 49.109, as
follows: 

Sec. 49.109. OPERATION AND MAINTENANCE TAX ELECTION.  Prohibits a
conservation and reclamation district with an area of 10,000 acres or more
that provides household water and sewer services from levying an operation
and maintenance tax after July 1, 1997, unless it holds an election to
authorize the levy of an operations and maintenance tax after that date.
Sets forth the requirements of the election. 

SECTION 2. Amends Chapter 49, Water Code, by adding Section 49.110, as
follows: 

Sec. 49.110. WITHDRAWAL FROM DISTRICT.  Sets forth the applicability of
this section. Authorizes the governing body of an election unit to order
an election to withdraw the unit from the district.  Provides that the
governing body of an area of unincorporated territory not within the
extraterritorial jurisdiction of a municipality is the commissioners court
of the county in which such area is located.  Requires the governing body
of an election unit that receives a valid petition under this section to
order an election on the proposition of the withdrawal of the election
unit from the district.  Sets forth the requirements of the petition. Sets
forth required actions after the petition is filed at  the election unit.
Requires the governing body to give notice of the election.  Sets forth
the language of the election ballot. Sets forth actions as determined by
the outcome of the elections.  Sets forth requirements for retaining use
of the real estate and improvements for not longer than 15 years.  Sets
forth requirements for continued collection of ad valorem taxes.
Prohibits the district from having authority to levy taxes in the
withdrawn election unit other than in the amount necessary to pay the
election unit's apportioned share of the district's obligations on the
date of withdrawal.  Sets forth the amount of the total financial
obligations of the withdrawn election unit to the district.  Sets forth
the district's outstanding obligations. 

SECTION 3. Emergency clause.
  Effective date:  90 days after adjournment.