JBM S.B. 1949 75(R) BILL ANALYSIS NATURAL RESOURCES S.B. 1949 By: Carona (Reyna, Elvira) 5-23-97 Committee Report (Amended) BACKGROUND The Falcon's Lair Utility and Reclamation District (district) of Dallas County, Texas, was created in 1985 by the 69th Texas Legislature. The district is located within the City of Mesquite, Texas. This bill will set forth regulations regarding the powers, duties, administration, financing, and operation of the Falcon's Lair Utility and Reclamation District; and grant the authority to issue bonds. PURPOSE To set forth regulations regarding the powers, duties, administration, financing, and operation of the Falcon's Lair Utility and Reclamation District; and grant the authority to issue bonds. 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 9, Chapter 935, Acts of the 69th Legislature, Regular Session, 1985, by amending Subsection (f) and adding Subsection (h), to require a regular directors' election to be held on the first Tuesday after the first Monday in November of each oddnumbered year, rather than the first Saturday in April in each even-numbered year. Prohibits the city of Mesquite, Texas (city), from being found liable for an act relating to a district obligation or the operation of the district because of an appointment of a director made by the city as prescribed by Subsection (d) of this section. SECTION 2. Amends Section 19, Chapter 935, Acts of the 69th Legislature, Regular Session, 1985, by adding Subsections (d) and (e), to authorize the board of directors of the Falcons's Lair Utility and Reclamation District, for the payment of all or part of the costs of an improvement project or services under Section 20A of this Act, to issue bonds in one or more series payable from and secured by ad valorem taxes, assessments, impact fees, revenues, grants, gifts, contracts, or leases or any combination of those funds. Authorizes bonds to be liens on all or part of the revenue derived from improvements authorized under Section 20A of this Act, including installment payments of special assessments or from any other source pledged to their payment. Provides that Sections 375.202-375.206, Local Government Code, apply to bonds issued under Subsection (d) of this section. SECTION 3. Amends Chapter 935, Acts of the 69th Legislature, Regular Session, 1985, by adding Section 19A, as follows: Sec. 19A. OBLIGATIONS. Sets forth regulations regarding obligations of the district. Defines "obligation." SECTION 4. Amends Chapter 935, Acts of the 69th Legislature, Regular Session, 1985, by adding Section 20A, as follows: Sec. 20A. ASSESSMENTS. Sets forth regulations regarding improvement projects and services of the district and assessments levied and collected by the board. States that Sections 375.113-375.124, Local Government Code, apply to the financing of an improvement project or service under this subsection. SECTION 5. Amends Section 23(b), Chapter 935, Acts of the 69th Legislature, Regular Session, 1985, to authorize the city to provide water supply and sewer services to residential retail customers in the district. Provides that the district is responsible for an off-site extension that is required to provide water supply and sewer service. Deletes existing text providing that the city's provision of certain services to the district be on terms and conditions comparable to other similarly-situated customers within the city. SECTION 6. Sets forth regulations regarding the term of the members of the board of directors. SECTION 7. Provides that all requirements regarding the proper and legal notice of the intention to introduce this Act have been met. SECTION 8. Emergency clause. Effective date: upon passage. EXPLANATION OF AMENDMENTS COMMITTEE AMENDMENT NO. 1: Amends Section 4 of the bill (proposed Section 20A, Chapter 935, Acts of the 69th Legislature, Regular Session, 1985) to strike a provision that authorized the district to provide an improvement or service outside the boundaries of the district if the district's board determines that there is a benefit to the district, and to strike a provision that included "recreational facilities" as authorized improvement projects or services that the district may acquire, construct, or finance.