SRC-SEW S.B. 1629 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1629
77R9168 TBy: Wentworth
Intergovernmental Relations
3/25/2001
As Filed


DIGEST AND PURPOSE 

Currently, developers within the land of the proposed Cibolo Canyon
Conservation and Improvement District No. 1 are planning the development of
a PGA golf course for instructional and recreational purposes, a resort
hotel, and limited commercial and residential development.  As proposed,
S.B. 1629 creates the Cibolo Canyon Conservation and Improvement District
No. 1, grants the district authority for taxation and bonds and the power
of eminent domain, and allows for the purchasing and preservation of
certain tracts of land to be utilized as open space and wildlife habitat.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the board of directors of the
Cibolo Canyon Conservation and Improvement District No. 1 in SECTION 11 of
this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  CREATION.  Creates the Cibolo Canyon Conservation and
Improvement District No. 1, subject to approval at a confirmation election
under Section 9 of this Act.  Provides findings of purpose. 

SECTION 2.  DEFINITIONS.  Defines "board," "city," "commission,"
"development agreement," "district," and "improvement project." 

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

SECTION 4.  FINDINGS RELATED TO BOUNDARIES.  Presents legislative findings
related to boundaries. 

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

SECTION 6.  GENERAL POWERS.  Sets forth guidelines regarding the general
powers and duties of the district.  Requires this Act to be liberally
construed in conformity with the legislative findings and purposes set
forth in this act.  Provides that if any provision of the general law is in
conflict or inconsistent with this Act, this Act prevails.  Provides that
any general law which supplements the power and authority of the district,
to the extent not in conflict or inconsistent with the Act, is adopted and
incorporated by reference. 

SECTION 7.   BOARD OF DIRECTORS.  Sets forth guidelines concerning the
board of directors governing the district. 

SECTION 8.  TEMPORARY DIRECTORS.  Sets forth guidelines concerning the
temporary board of directors.   

SECTION 9.  CONFIRMATION AND INITIAL DIRECTOR'S ELECTION.  Sets forth
guidelines concerning an election held to confirm establishment of the
district and to elect five initial directors.   
 
SECTION 10.  ELECTION OF DIRECTORS.  Sets forth guidelines concerning the
election of directors.   

SECTION 11.  SPECIFIC POWERS AND LIMITATIONS.  (a) Authorizes the district,
without limiting other authority granted to the district by laws
incorporated by reference herein, to conduct or authorize certain specific
improvement projects.   

(b)  Requires the district to abide by, comply with, and enforce the city's
ordinances regarding drainage, floodplain regulation, and aquifer
protection within the boundaries of the district, including but not limited
to Aquifer Protection Ordinance No. 81491, UST Ban on the Edwards Aquifer
Recharge Zone Ordinance No. 81147, and UST Management Program Ordinance No.
83200 or any amendments thereto.  Requires the district specifically to
comply with 40 CFR 122.26 federal regulations governing stormwater
discharges and NPDES program. 

(c)  Provides that only the rights, powers, privileges, authority,
functions, and duties of the district with respect to the retail provision
of water or sewer services are subject to the continuing right of
supervision of the state to be exercised by and through the Texas Natural
Resource Commission (commission). 

 (d) Authorizes the district to perform certain functions.

(d) Prohibits the district from employing peace officers, but authorizes
the district to contract for off-duty peace officers for certain purposes. 

(e) Authorizes the board by rule to regulate the private use of public
roadways, open spaces, parks, sidewalks, and similar public areas.
Provides that, to the extent the rules of the district conflict with a
rule, order, ordinance, or regulation of a county or municipality with
jurisdiction in the district's territory, the rule, order, ordinance, or
regulation of the county or municipality controls.  Authorizes the rules to
provide for the safe and orderly use of public roadways, open spaces,
parks, sidewalks, and similar public areas or facilities. 

(f)  Prohibits the district from allowing underground storage tanks for any
substance except water within its boundaries.  Requires aboveground storage
tanks to comply with the state rules and regulations and to be approved by
the San Antonio Water System. 

(g)  Requires all water and sewer infrastructure inside the district to be
dedicated to the San Antonio Water System to own and operate as soon as the
lines are acquired or constructed by the district and approved by San
Antonio Water System inspectors. 

(h)  Requires the district to have the power of eminent domain within the
district and within three (3)  miles of the district's boundaries. 

SECTION 12.  CONTRACTS WITH DISTRICT.  Authorizes the district to contract
with certain parties for certain purposes for certain periods of time.
Authorizes certain parties, notwithstanding any other law or charter
provision, to contract with the district to carry out the purposes of this
Act without any further authorization. 

SECTION 13.  DIVISION OF DISTRICT.  Authorizes the district to add or
exclude land or divide into two or more districts, in the manner provided
by Chapter 49 and Subchapter O Chapter 51, Water Code, under the terms and
conditions of a development agreement.  Requires the district to obtain the
consent of the city before adding land. 

SECTION 14.  ANNEXATION BY THE CITY. (a) Requires the city to have the
power to annex all of the territory within the district at one time at the
time and under the conditions specified in the  development agreement.
Requires any annexation of the property within the district to be under
Chapter 43 (Municipal Annexation), Local Government Code as that Chapter
existed prior to May 1, 1999.  Prohibits specifically, but without
limitation, the arbitration, mediation, notices, and service level
requirements imposed by SB 89, 76th Legislature, Regular Session, 1999,
from applying to such annexation; provided, however, that Section 43.002
(Continuation of Land Use), Local Government Code, is required to apply to
such annexation. 
 
(b)  Requires the city, once annexation is complete, to automatically
succeed to the property of the district and to assume all of the
outstanding obligations of the district.  Requires the district, at such
time, to cease to exist and provides that the taxes, assessments, and
impact fees of the district will no longer be applicable. 

SECTION 15.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. (a) Provides
that the proper and legal notice of the intention to introduce this Act,
setting for the general substance of this Act, has been published as
provided by law, and the notice and a copy of this Act have been furnished
to all persons, agencies, officials, or entities to which they are required
to be furnished by the constitution and other laws of this state, including
the governor, who has submitted the notice and the Act to the commission. 

(b)  Provides that the commission has filed its recommendations relating to
the Act with the governor, the lieutenant governor, and the speaker of the
house of representatives within the required time. 

(c)  Provides that all requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect to the
notice, introduction, and passage of this Act are fulfilled and
accomplished. 

SECTION 16.  EFFECTIVE DATE.  Effective date: upon passage or September 1,
2001.