SRC-MKV, SEW S.B. 1776 77(R)BILL ANALYSIS


Senate Research CenterS.B. 1776
By: Lindsay
Intergovernmental Relations
6/25/2001
Enrolled


DIGEST AND PURPOSE 

The Texas Constitution provides for the creation of conservation and
reclamation districts which are authorized to incur indebtedness to provide
for permanent improvements and to levy taxes for the maintenance and
operation of such improvements and for the repayment of indebtedness.
Continuing development and growth in The Woodlands area of southern
Montgomery County and northern Harris County has created the need for
large-scale, permanent improvements such as water distribution facilities,
wastewater collection and transportation lines, drainage projects, and
other conservation and reclamation projects.  S.B. 1776 creates a
conservation and reclamation district to be known as the Harris County
Municipal Utility District No. 387 over a portion of the land to be
developed as a continuation of The Woodlands in the northern portion of
Harris County. 

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.  CREATION.  Creates the Harris County Municipal Utility District
No. 387 (district), subject to approval at a confirmation election under
Section 10 of this Act.  Provides that the district is a governmental
agency and a body politic and corporate and is created under and is
essential to accomplish the purposes of Article XVI, Section 59, of the
Texas Constitution.  

SECTION 2.  DEFINITION.  Defines "district."

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

SECTION 4.  FINDINGS RELATING TO BOUNDARIES.  Presents legislative findings
relating to the boundaries of the district. 

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

SECTION 6.  POWERS.  Sets forth guidelines regarding the district's rights,
powers, privileges, authority, functions, and duties. 

SECTION 7.  RELOCATION OF FACILITIES.  Sets forth guidelines regarding
relocation of facilities as considered necessary by the board of directors. 

SECTION 8.   BOARD OF DIRECTORS.  Sets forth guidelines regarding the
district's board of directors. 

SECTION 9.  APPOINTMENT OF TEMPORARY DIRECTORS.  Sets forth guidelines
regarding the appointment of temporary directors. 

 SECTION 10.  CONFIRMATION AND INITIAL DIRECTORS' ELECTION.  (a) Requires
the temporary board of directors to call and hold an election to confirm
establishment of the district and to elect five initial directors as
provided by Chapter 49 (Provisions Applicable to all Districts), Water
Code.  

(b) Provides that Section 41.001(a), Election Code, does not apply to a
confirmation and initial directors' election held as provided by this
section. 

SECTION 11.  ELECTION OF DIRECTORS.  Sets forth guidelines and requirements
for an election held in the district for the election of directors. 

SECTION 12.  COMPLIANCE WITH CITY ORDINANCE OR RESOLUTION.  Requires the
district, subject to the limitations of Section 54.016 (Consent of City),
Water Code, to comply with all valid and applicable requirements of any
ordinance or resolution adopted by the city council of the City of Houston,
including an ordinance or resolution adopted before the effective date of
this Act, that consents to the creation of the district or to the inclusion
of lands within the district. 

SECTION 13.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.  Presents
findings related to procedural requirements. 

SECTION 14.  EFFECTIVE DATE; EXPIRATION DATE.  (a) Effective date:
September 1, 2001. 

(b) Provides that if the creation of the district is not confirmed at a
confirmation election held under SECTION 10 of this Act before September 1,
2003, this Act expires on that date.