SRC-MKV S.B. 1619 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1619
77R8162 QS-FBy: Armbrister
Natural Resources
4/27/2001
As Filed


DIGEST AND PURPOSE 

As proposed, S.B. 1619 adds certain powers to the Hays County Water Control
and Improvement District No. 1, namely the power to provide wastewater
service, stormwater drainage authority, and the related infrastructure.
These are powers and duties which the district's enabling statute, Chapter
51, Water Code, does not authorize the county commissioners court to grant
to a water control and improvement district. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  VALIDATION OF CREATION.  Provides that the creation of the Hays
County Water Control and Improvement District No. 1 by the Hays County
Commissioners Court on January 16, 2001, is validated, subject to approval
at a confirmation election under Chapters 49 (Provisions Applicable to All
Districts) and 51 (Water Control and Improvement Districts), Water Code. 
 
SECTION 2.  DEFINITION.  Defines "district" to mean the Hays County Water
Control and Improvement District No. 1. 
 
SECTION 3.  BOUNDARIES.  Provides that the district's boundaries are those
as found by the Hays County Commissioners Court's order creating the
district on January 16, 2001. 
 
SECTION 4.  FINDINGS RELATIVE TO BOUNDARIES. Sets forth legislative
findings. 
 
SECTION 5.  FINDING OF BENEFIT.  Sets forth findings of benefit.

SECTION 6.  POWERS. (a)  Provides that the district has all of the rights,
powers, privileges, authority, functions, and duties provided by the
general law of this state, including Chapters 49, 51, and 54 (Municipal
Utility Districts), Water Code, applicable to water control and improvement
districts and municipal utility districts created pursuant to Section 59,
Article XVI, Texas Constitution.  Provides that if Chapters 49, 51, and 54,
Water Code, conflict, Chapter 51 controls.  Provides that this Act prevails
over any provision of general law that is in conflict or inconsistent with
this Act. 
 
(b)  Provides that no other entity, including any public utility or retail
public utility, may expand the provision of retail water or sewer utility
service within the boundaries of the district without the written
authorization of the district or the district's successors or assigns
unless the Texas Natural Resource Conservation Commission (commission)
finds that the district or its successors or assigns is not providing
continuous and adequate service to customers in the district.  Authorizes
the commission, in that event, to grant a separate retail public utility
certificate of convenience and necessity for that part of the district
where the district is not providing continuous and adequate service. 
  
SECTION 7.  EFFECTIVE DATE; EXPIRATION DATE. (a) Effective date: upon
passage or September 1, 2001. 
 
(b)  Provides that if the creation of the district is not confirmed at a
confirmation election before September 1, 2003, this Act expires on that
date.