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


Senate Research CenterC.S.S.B. 1822
77R15848 QS-FBy: Armbrister
Intergovernmental Relations
5/10/2001
Committee Report (Substituted)


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.  C.S.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 10 of this Act.  Provides that the
district is a governmental agency and a body politic and corporate.
Provides that the district is created under an is essential to accomplish
the purposes of Section 52, Article III, (Counties, Cities or Other
Political Corporations or Subdivisions; Lending Credit; Grants; Bonds), and
Section 59, Article XVI (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 issue bonds and
impose 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 is created to serve a public use and benefit. 

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

SECTION 7.  ADMINISTRATIVE PROVISIONS.  Requires the district to comply
with Chapter 51C, Water Code, except as specifically provided in this Act,
and Chapter 49, Water Code, to the extent it does not conflict with Chapter
51, Water Code. 

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

 SECTION 9.  TEMPORARY DIRECTORS.  (a)  Sets forth the composition of the
temporary board of directors. 

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

(c)  Provides that if a temporary director fails to qualify for office, the
temporary 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 10.  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, as provided
by Sections 49.101(General) and 49.102 (Confirmation and Director
Election), Water Code, and, if applicable, 49.104 (Alternative Election
Procedures), Water Code. 

(b)  Requires the confirmation and permanent directors' election to be
conducted as provided by the Election Code, except that Section 41.001(a)
(Uniform Election Dates),  Election Code does not apply to the election.  

SECTION 11.  ELECTION OF DIRECTORS.  Sets forth guidelines regarding the
election of directors. 

SECTION 12.  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 13.  EFFECTIVE DATE.  Effective date: upon passage or September 1,
2001.