H.B. 1138 78(R)    BILL ANALYSIS


H.B. 1138
By: Van Arsdale
Natural Resources
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, Section 67.011, Texas Water Code, prohibits non-profit 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 to which this section applies.  Unfortunately, due to this
provision, residents with contaminated water are afforded fewer options
than those residents in all the other Texas counties to form non-profit
water supply and sewer service corporations to address these concerns.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

H.B.1138 amends Section 67.011, Texas Water Code, to remove the exemption
currently provided for non-profit corporations in counties with a
population of more than 3.3 million. EFFECTIVE DATE 

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.