SRC-SEW S.B. 1620 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1620
77R8163 QS-FBy: Armbrister
Natural Resources
4/29/2001
As Filed


DIGEST AND PURPOSE 

As proposed, S.B. 1620 adds certain powers to the Hays County Water Control
and Improvement District No.  2, 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. 2 (district) 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."

SECTION 3. BOUNDARIES.  Sets forth the boundaries of the district.

SECTION 4. FINDINGS RELATIVE TO BOUNDARIES.  Presents findings relative to
boundaries. 

SECTION 5. FINDING OF BENEFIT.  Provides findings of benefit.

SECTION 6.  POWERS.  Sets forth guidelines concerning the rights, powers,
privileges, authority, functions, and duties of the district.  Prohibits
any other entity, including any public utility or retail public utility,
from expanding the provision of retail water or sewer utility service
within the boundaries of the district except under certain conditions.
Authorizes the Texas Natural Resource Conservation Commission (commission),
if it finds that the district or its successors or assigns is not providing
continuous and adequate service to customers in the district, to perform
certain functions. 

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.