HBA-NLM H.B. 2648 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2648 By: Madden Land & Resource Management 3/23/1999 Introduced BACKGROUND AND PURPOSE In enacting statutes under the authority of Article XVI, Section 59 (Conservation and Development of Natural Resources; Conservation and Reclamation Districts), Texas Constitution, the legislature has incorporated provisions for the notice and consent of cities during the creation of water districts. However, some districts may not have complied with the notice and consent requirements in exercising their annexation authority. H.B. 2648 recognizes the jurisdiction of a city within its corporate boundaries and clarifies the existing requirement that the consent of a city is required before any land within the corporate boundaries of the city can be included in a district, whether by creation of a new district or by annexation by an existing district. This bill also prohibits any land within the extraterritorial jurisdiction of a city from being annexed by a district and provides an exception for existing districts that were lawfully within the extraterritorial jurisdiction of a city as of January 1, 1999. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter B, Chapter 49, Water Code, by adding Section 49.012, as follows: Sec. 49.012. CONSENT OF CITY. Prohibits any land within the corporate limits of a city from being included in a district without the written consent, by ordinance or resolution, of the city, notwithstanding any other provision provided by law. Requires the provisions of this section to apply whether the land is proposed to be included in the district at the time of creation of a district or to be included by annexation to a district. SECTION 2. Amends Section 49.301(a), Water Code, to prohibit any land within the corporate limits of a city from being annexed by a district unless the city grants its written consent, by resolution or ordinance, to the inclusion of the land within the district. Prohibits any land within the extraterritorial jurisdiction of a city from being annexed by a district except in accordance with Section 42.042 (Creation of Political Subdivision to Supply Water or Sewer Services, Roadways, or Drainage Facilities in Extraterritorial Jurisdiction), Local Government Code. SECTION 3. Amends Section 49.302(a), Water Code, to make a conforming change. SECTION 4. Amends Sections 42.042(a), (b), (c), (d), and (f), Local Government Code, as follows: (a) Requires the provisions of this section to apply whether the land is proposed to be included in the political subdivision at the time of creation of the political subdivision or to be included by annexation to a political subdivision; provided, however, that this section shall not apply to an annexation by a political subdivision that is lawfully within the extraterritorial jurisdiction of the municipality as of January 1, 1999. (b) Provides for the possible failure of the governing body to give consent for the inclusion of the land in a political subdivision as described by the existing provisions of this subsection. (c) Makes a conforming change. (d) Makes a conforming change. (f) Makes a conforming change and nonsubstantive change. SECTION 5. Emergency clause. Effective date: upon passage.