SRC-JEC S.B. 1822 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1822
By: Armbrister
Intergovernmental Relations
4/26/2001
As Filed


DIGEST AND PURPOSE 

Currently, there is a need for improvements in water, sewer, and drainage
systems in a residential and commercial project in Hays County.  As
proposed, S.B. 1822 creates the Hays County Water Control and Improvement
District No. 4 and empowers it to make such improvements. 

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 Hays County Water Control and
Improvement District No. 4 (district), in Hays County, subject to approval
at a confirmation election under Section 9 of this Act.  Provides that the
district is created as a special district under and is essential to
accomplish the purposes of Article III, Section 52 (Counties, Cities or
Other Political Corporations or Subdivisions; Lending Credit; Grants;
Bonds), and Article XVI, Section 59 (Conservation and Development of
Natural Resources; Conservation and Reclamation Districts), Texas
Constitution. 

SECTION 2.  DEFINITIONS.  Defines "board," "commission," "district," and
"project."  

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

SECTION 4.  FINDINGS RELATED TO BOUNDARIES.  Provides that the legislature
finds that the boundaries and field notes of the district form a closure.
Provides that a mistake in the field notes or in copying the field notes in
the legislative process does not affect the organization, existence, or
validity of the district, the right of the district to levy and collect
taxes, or the legality or operation of the district or its governing body. 

SECTION 5.  FINDING OF BENEFIT.  Provides that all of the land and other
property included within the boundaries of the district will benefit from
the works and projects that are to be accomplished by the district under
the powers conferred by Section 59, Article XVI, Texas Constitution.
Provides that the district serves a public use and benefit. 

SECTION 6.  POWERS.  Provides that the district has all of the rights,
powers, privileges, authority, functions, and duties provided by the
general law of this state to conservation and reclamation districts,
including, but not limited to Chapters 49 (Provisions Applicable to All
Districts), 51 (Water Control and Improvement Districts), and 54 (Municipal
Utility Districts), Water Code, as amended.  Provides that the district,
after approval at an election under Sections 53.029 (c) and (d) (Division
of or Assumption of Authority by Certain Districts), Water Code, has all of
the rights and powers of a road district. 

SECTION 7.  ADMINISTRATIVE PROVISIONS.  Provides that the district operates
as a water control and improvement district and complies with the
administrative provisions of Chapter 51, Water  Code, except as
specifically provided in this Act.  Requires the district also to comply
with Chapter 49, Water Code, to the extent it does not conflict with
Chapter 51. 

SECTION 8.  TEMPORARY DIRECTORS.  (a)  Sets forth the composition of the
temporary board of directors. 

(b)   Requires a director of the district to meet the qualifications
required under Chapters 49 and 51, Water Code. 

(c)  Provides that if a director fails to qualify for office, the directors
who have qualified are required to appoint a person to fill the vacancy.
Provides that if at any time there are fewer than three qualified temporary
directors, the Texas Natural Resource Conservation Commission is required
to appoint the necessary number of persons to fill all vacancies on the
board. 

SECTION 9.  CONFIRMATION AND DIRECTORS' ELECTION.  (a)  Requires the
temporary board of directors to call and hold an election to confirm the
creation of the district and to elect five permanent directors, in the
manner required by Sections 49.101(General), 49.102 (Confirmation and
Director Election), 49.103 (Terms of Office of Directors), 49.104
(Alternative Election Procedures), and 49.105 (Vacancies), Water Code. 

(b)  Authorizes the confirmation and permanent directors' election to be
conducted on a date other than the dates designated in Section 41.001
(Uniform Election Dates),  Election Code. Requires the confirmation and
permanent directors' election to otherwise conform to the Election Code and
to Chapter 49, Water Code.  Requires all subsequent directors' elections to
be held in conformity with Section 49.103, Water Code. 

SECTION 10.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.  Sets forth
legislative findings regarding the fulfillment and accomplishment of all
procedural requirements with respect to the notice, introduction, and
passage of this Act.  

SECTION 11.  AD VALOREM TAXES.  Provides that the district has the
authority to conduct elections and levy, assess, and collect ad valorem
taxes in the manner and for the purposes authorized by Sections 49.106
(Bond Elections), 49.107 (Operation and Maintenance Tax), and 49.108(a) -
(d) (Contract Elections), Water Code, and needs no approval other than that
specified in Section 1 of Chapter 778, Acts of the 74th Legislature,
Regular Session, 1995 (regarding the powers of water control and
improvement districts). 

SECTION 12.  EFFECTIVE DATE.  Effective date: upon passage or August 28,
2001. 

SECTION 13.  EMERGENCY.  Sets forth the emergency clause.