HBA-NIK S.B. 1225 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1225
By: Shapiro
Land & Resource Management
5/19/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, Texas law contains procedures for the notice and consent of
cities during the creation of water districts. However, certain districts
have attempted to evade the notice and consent requirements when exercising
their authority for annexation. In some instances, water districts have
attempted to annex land within the corporate limits of a home rule city,
thus creating a conflict with the jurisdiction and power of self government
that is granted to a city. S.B. 1225 provides that no district or political
subdivision shall be created within a city's corporate limits.  

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, notwithstanding any other provision provided by law, from
being included in a district without the written consent, by ordinance or
resolution, of the city. 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 Subsections (a)-(d) and (f), Section 42.042, 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. Prohibits this section from applying to an
annexation by a political  subdivision that is lawfully within the
extraterritorial jurisdiction of the municipality as of January 1, 1999. 

(b) Authorizes a majority of qualified voters of the proposed political
subdivision and specified land owners to petition the governing body for
services if the governing body fails or refuses to give its consent for the
creation of the political subdivision, or the inclusion of the land in a
political subdivision, on mutually agreeable terms within a specified time. 

 (c)  Makes a conforming change.

(d) Makes conforming changes.

(f) Deletes "proposed," as it describes "political subdivision." Makes a
conforming change. 

SECTION 5. Emergency clause.
Effective date: upon passage.