HBA-CBW H.B. 2242 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2242 By: Hardcastle Agriculture & Livestock 3/13/2001 Introduced BACKGROUND AND PURPOSE Housing pressure from urban centers has created a situation in which developers and others are moving into what were once rural areas to build new homes. In many of these areas small flood control structures, constructed more than 30 years ago to protect urban areas from flooding, have created small lakes. The vast majority of these flood control structures have easements associated with them to prevent the building of homes and other structures in the flood pool. In their search for "scenic" homesites, many developers simply ignore existing easements and often build to the water's edge or on the dam structure itself. Flood control structures were designed to alleviate flooding, so the water level can vary greatly. When soil and water conservation districts (districts) attempt to enforce the existing easements many developers ignore these efforts and the matter goes to court. Districts have extremely limited resources for this type of action and usually end up letting the matter drop. House Bill 2242 authorizes the district to call upon the attorney general of the state to provide legal services in specified situations. 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 2242 amends the Agriculture Code to authorize soil and water conservation districts to call upon the attorney general of the state to provide legal services in the case where the district has expended 25 percent of the district's financial resources to enforce flood easements held by the district. EFFECTIVE DATE The bill takes effect on the 91st day after the last day of the legislative session.