SRC-JEC H.B. 1138 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1138
78R5858 MI-DBy: Van Arsdale (Lindsay)
Natural Resources
4/6/2003
Engrossed


DIGEST AND PURPOSE 

Current law prohibits nonprofit water supply and sewer service
corporations in counties with a population of more than 3.3 million from
having the ability to: own, hold, lease, or acquire water wells, springs,
or other sources of water supply; build, operate, and maintain pipelines
to transport water or wastewater; build and operate plants and equipment
necessary to distribute water or to treat and dispose of wastewater; and
sell water or provide wastewater services to a political subdivision, a
private corporation, or an individual. Under current population estimates
by the U.S. Census, Harris County is the only county in Texas excluded
under this section. Unfortunately, due to this provision, Harris County
residents with contaminated water are afforded fewer options than
residents of other Texas counties to form nonprofit water supply and sewer
service corporations to address these concerns.  H.B. 1138 removes the
population limitation, allowing any county to form non-profit water supply
and sewer service corporations. 

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.  Amends Section 67.011, Water Code, as follows:

Sec. 67.011.  New heading:  ADDITIONAL POWERS OF CORPORATION.  Authorizes
a corporation, in addition to other powers granted by this chapter, to
perform certain acts related to water wells, springs, water and wastewater
supplies, pipelines, plants, and equipment.  Deletes a limitation of
application of this section to a county with a population of less than 3.3
million. 

SECTION 2.  Effective date:  upon passage or September 1, 2003.