SRC-DPW H.B. 3591 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3591
By: Keel (Wentworth)
Natural Resources
4/28/1999
Engrossed


DIGEST 

Currently, Texas law sets two conditions that must be met to add land to a
"defined area."  A defined area is a specific area withing a Water Control
and Improvement District (WCID) that may be provided enhanced facilities
related to development that are not provided throughout the entire WCID.
For land to be added to a defined area, the land must be within a WCID and
be part of a "water quality protection zone" created under the Texas Water
Code.  Intermediate courts in Texas have ruled that "water quality
protection zones" are unconstitutional as drafted.  These rulings make it
impossible for land owners to meet the second requirement needed to be met
in order to add land to a defined area.  This bill would conform the
statutory language to the courts' decisions by striking the language
requiring land to be included in a water quality protection zone as a
condition that must be met for land to be added to a defined area. 

PURPOSE

As proposed, H.B. 3591 deletes a provision subjecting land added to a
defined area to a water plan. 

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 Section 51.534, Water Code, as follows:

Sec. 51.534. New heading: ADDITION OF LAND TO DEFINED AREA. Deletes text
subjecting lands added to a defined area to a water quality plan defined by
Texas Natural Resource Conservation Commission.  Effective date: 90 days
after adjournment.