SRC-MKV S.B. 835 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 835
77R2844 SGA-FBy: Nelson
Natural Resources
3/1/2001
As Filed


DIGEST AND PURPOSE 

Currently, the Upper Trinity Regional Water District's (district) eminent
domain provisions are stricter than many other water districts, river
authorities, and special law districts, requiring the district to obtain
prior written permission from any city before exercising its powers.  S.B.
835 deletes the existing requirement that the district obtain written
authorization prior to the exercise of eminent domain within the boundary
of non-member cities in the county. This bill enables the district to
promulgate rules regarding new member membership conditions and voting
rights in the district, and it authorizes the district, through a contract
with a member entity, to promulgate rules regarding preservation and
protection of water supply, treatment facilities, and solid waste
facilities. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the board of directors of the Upper
Trinity Regional Water District (district) in SECTION 1 and SECTION
3(Section 6, Chapter 1053, Acts of the 71st Legislature, Regular Session,
1989) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 6(d), Chapter 1053, Acts of the 71st
Legislature, Regular Session, 1989, to change the date regarding contracts
with the district from two years after the effective date of this Act to
March 13, 2000.  Authorizes the board of directors of the Upper Trinity
Regional Water District (board) to establish rules for admission of
entities regarding membership on the board, the authority of board members
to vote, and the weight to be given to votes on matters requiring a
weighted vote. 

SECTION 2.  Amends Section 21(c), Chapter 1053, Acts of the 71st
Legislature, Regular Session, 1989, to change a reference to any property
located  in a municipality located in whole or in part in the county to any
property located in a municipality that appointed a director who serves on
the board or who served on the board on January 1, 2001. 

SECTION 3. Amends Section 27, Chapter 1053, Acts of the 71st Legislature,
Regular Session, 1989, by adding Subsections (d)-(h), as follows: 

(d) Authorizes the Upper Trinity Regional Water District (district), under
a contract with a county, municipality, or water district, to adopt and
enforce rules applicable in the boundaries of that county, municipality, or
water district and in other areas of jurisdiction of the county,
municipality, or water district to do certain things. 

(e) Prohibits rules adopted under Subsection (d) from exceeding the
authority of the county, municipality, or water district and requires the
rules to conform to the terms of the contract. 

(f)  Requires the district to publish once a week for two consecutive weeks
in one or more newspapers with general circulation in the district a notice
of the substance of the rules adopted under Subsection (d) of this section
and of any penalties for a violation of the rules. 
 
(g) Prohibits a penalty for a violation of the rules from taking effect
before the fifth day after the date of the second publication of the
notice. 

(h) Provides that a violation of a rule adopted under this section is a
Class C misdemeanor. 

SECTION 4.  Amends Section 38(c), Chapter 1053, Acts of the 71st
Legislature, Regular Session, 1989,  to require a petition to specify the
boundaries of the proposed subdistrict in a manner satisfactory to and
approved by the district's executive director and general counsel. 

SECTION 5.  Sets forth provisions regarding resolutions, orders, contracts,
and other acts or attempted acts of the board. 

SECTION 6.  Provides that Section 5 of this Act does not apply to or affect
litigation pending on the effective date of this Act in any court of
competent jurisdiction in this state to which the district is a party. 

SECTION 7.  Sets forth findings related to procedural requirements.

SECTION 8.  Effective date: upon passage or September 1, 2001.