HBA-BSM, MSH H.B. 1455 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1455
By: Shields
Natural Resources
3/30/2001
Introduced



BACKGROUND AND PURPOSE 

Conservation and Improvement Districts are created by the authority
provided by the Texas Constitution. These districts may be granted
authority to tax, issue bonds, and use the power of eminent domain.  House
Bill 1455 creates the Cibolo Canyon Conservation and Improvement District
No.1 in Bexar County. 

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. 

ANALYSIS

House Bill 1455 amends law to create the Cibolo Canyon Conservation and
Improvement District No. 1 (district) in Bexar County, subject to voter
approval at a confirmation election (SECTION 1). The bill provides that the
district is governed by a board of five directors (board) and sets forth
provisions regarding the election, qualifications, and terms of the
directors, as well as the names of the five temporary directors (SECTIONS
7, 8, 9, and 10). 

The bill sets forth the general powers of the district and authorizes the
district to impose ad valorem taxes, hotel occupancy taxes, sales and use
taxes, assessments, and impact fees upon approval by the voters of the
district (SECTIONS 6 and 16).  The bill sets forth specific powers and
limitations of the district including the authority to borrow money, add or
exclude territory, and regulate the private use of public areas (SECTION
11).  The bill authorizes the district to contract with a political
subdivision, corporation or other person to accomplish the purposes of the
district (SECTION 12). 

The bill prohibits a municipality in whose extraterritorial jurisdiction
the district is located from taking any action that impairs or limits the
ability of the district to exercise its powers (SECTION 13).  The bill sets
forth provisions regarding the annexation of the district by a municipality
(SECTION 14).  If a municipality annexes the district and the annexation
precludes or impairs the ability of the district to issue bonds, the bill
requires the municipality simultaneously with the annexation to pay in cash
the developer or owner of the land a sum equal to all the actual costs and
expenses incurred that the district has agreed to pay and after the
annexation, install all necessary water, wastewater, and drainage
facilities to serve full development within the district (SECTION 15).  The
bill sets forth provisions regarding the imposition of a sales and use tax
as well as the effect annexation by a municipality has on such taxes
(SECTION 16). 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.