JBM S.B. 1830 75(R)    BILL ANALYSIS


NATURAL RESOURCES
S.B. 1830
By: Shapleigh (Pickett)
5-6-97
Committee Report (Unamended)



BACKGROUND 

Currently, the town of Clint, a small community located southeast of El
Paso, does not own or operate a municipal water or wastewater system.  The
only water distribution system located within the town limits is operated
by the Clint Independent School District ("the school district") and it
does not serve all of the residents of Clint.  This bill authorizes the
trustees of the school district to sell the school district's interest in
the existing water distribution system to the Lower Valley Water District
("the water district") in order to allow the water district to annex and
serve the territory currently served by the school district. 

PURPOSE

To authorize the trustees of the Clint Independent School District to sell
the school district's interests in the existing water distribution system
to the Lower Valley Water District in order to allow the water district to
annex and serve the territory currently served by the school district. 

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. DEFINITIONS.  Defines "board," "commission," "district,"
"school district," and "town." 

SECTION 2. FINDINGS RELATING TO TERRITORY CHANGE AND EXTENSION OF
SERVICES.  Provides that the legislature finds that the town of Clint is
located in El Paso County and does not own or operate a municipal water or
wastewater system.  Sets forth findings regarding the Clint Independent
School District ("the school district") and the operation of the water
distribution system.   

SECTION 3. AMENDMENT.  Sets forth a land description of the territory to
be included in the Lower Valley Water District ("the water district"). 

SECTION 4. FINDING RELATING TO BOUNDARY DESCRIPTION.  Provides that the
territory of the water district, as described in SECTION 3, forms a
closure.  Provides that a mistake made in copying the field notes during
the legislative process or a mistake in the field notes does not affect
the organization, operations, existence, or validity of the water
district, nor the right to issue certain bonds, or the right to assess,
levy, and collect taxes. 

SECTION 5. FINDINGS RELATING TO BENEFIT.  Provides legislative findings
that the territory in the water district is benefitted by the works and
projects of the water district and that the water district serves a public
use and benefit. 

SECTION 6. CONDITIONS FOR TERRITORY CHANGE AND EXTENSION OF SERVICES.
Requires the board to request the Texas Natural Resource Conservation
Commission (TNRCC) to enter an order adding the territory of the town to
the water district if  certain conditions apply.  Sets forth conditions.
Sets forth conditions the water district may require before the water
district makes the purchase described in Subsection (a)(6) of this
section. Authorizes the water district to enter into a wholesale water
supply contract with the City of El Paso's Water Utilities Public Service
Board for purposes of providing water service within the territory of the
town added to the water district. 

SECTION 7. TERRITORY CHANGE ORDER; FILING REQUIREMENT.  Requires TNRCC to
enter an order adding the territory of the town to the water district if
TNRCC determines that the conditions of SECTION 6 of this Act are
satisfied, on receipt of a request under SECTION 6 of this Act.  Requires
TNRCC to file a certified copy of an order issued under Subsection (a) of
this section with the secretary of state and in the deed of records in El
Paso County. 

SECTION 8. EFFECTIVE DATE OF TERRITORY CHANGE.  Provides that the
territory change of the water district as described by SECTION 7 of this
Act becomes effective on the date TNRCC files certified copies of the
territory change as required by SECTION 7(b) of this Act. 

SECTION 9. CONTESTED CASE EXCEPTION.  Provides that an order issued under
SECTION 7(a) of this Act is not a contested case for purposes of Chapter
2001, Government Code. 

SECTION 10. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.  Establishes the
proper and legal notice of intention and the notice and copy of this Act
to certain persons. Provides that TNRCC has filed its recommendations with
certain persons.  Provides that requirements of the constitution and laws
of this state and the rules and procedures of the legislature are
fulfilled and accomplished. 

SECTION 11. NONAPPLICABILITY OF CERTAIN PROVISIONS.  Provides that the
district is not subject to Section 42.042, Local Government Code, and
Section 54.016, Water Code, in adding territory in the town to the water
district in accordance with this Act. 

SECTION 12. RULES OF CONSTRUCTION.  Provides that a finding that a
provision of this Act is invalid does not affect the validity of the
remaining provisions of this Act.  Requires this Act to be given liberal
and broad construction to carry out the expressed purposes of this Act. 

SECTION 13. EFFECTIVE DATE OF SECTION 3.  Provides that the change in law
made by SECTION 3 of this Act takes effect on the date on which TNRCC
completes filing copies of the territory change order with the secretary
of state and in the deed records of El Paso County as required by SECTION
7(b) of this Act. 

SECTION 14. Emergency clause.
  Effective date: upon passage.