SRC-ARR S.B. 1225 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1225
76R8201 TBy: Shapiro
Natural Resources
5/5/1999
As Filed


DIGEST 

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 by exercising
authority for annexation in an unlawful manner. 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 the corporate
city limits. 

PURPOSE

As proposed, S.B. 1225 regulates the creation of water districts or
political subdivisions and the annexation of land by a water district or
political subdivision.  

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 Chapter 49B, Water Code, by adding Section 49.012, as
follows: 

Sec. 49.012. CONSENT OF CITY. Provides that no land within the corporate
limits of a city shall be included in a water district (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, notwithstanding any other provision
provided by law.  

SECTION 2. Amends Section 49.301(a), Water Code, to provide that no land
within the corporate limits of the city shall be annexed by a district
unless the city grants its written consent, by resolution or ordinance, to
the inclusion of the land within the district. Provides that no land within
the extraterritorial jurisdiction of a city shall be annexed by a district
except in accordance with Section 42.042, 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, to require 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 or to be included by annexation to a
political subdivision; provided, however, 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.
Authorizes certain persons to petition the governing body to make available
certain services, if the governing body fails or refuses to gives its
consent for the inclusion of the land in a political subdivision on
mutually agreeable terms within a certain date. Provides that the consent
to the creation of the political subdivision or the inclusion of the land
in a political subdivision is only an authorization to initiate proceedings
to create the political subdivision or include land in a political
subdivision as provided by law. Deletes text regarding a proposed political
subdivision. Makes conforming changes.   

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