C.S.H.B. 2887 78(R)    BILL ANALYSIS


C.S.H.B. 2887
By: Van Arsdale
Natural Resources
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Federal and state environmental regulations require districts and other
entities to install erosion and sediment controls during a construction
project.  These controls are temporary measures designed to reduce the
amount of storm water flow while the construction is in process. 

To comply with these requirements, most entities, including districts,
contract with professionals to install, inspect and remove the control
devices as well as certify compliance with federal and state laws.  Most
of these contracts are in the range of $15,000 to $20,000 and rarely
exceed $50,000. Because complying with the storm water management
regulations requires control measures to be installed, (i.e. silt
fencing), some districts are concerned this would involve construction,
even though the measures are temporary, and, as such, would trigger the
competitive bidding requirements.  

C.S.H.B. 2887 clarifies that a district, regulated by Chapter 49 of the
Water Code, may contract directly for services related to complying with
construction storm water management regulations without receiving
competitive bids.   


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

C.S.H.B. 2887 amends Chapter 49 of the Water Code by adding Section 49.278
which provides that the subsection does not apply to services or contracts
for services related to compliance with any state or federal construction
storm water requirements. 

The bill also provides that this section does not apply to a contract
executed on or after the effective date. 


EFFECTIVE DATE

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


COMPARISON OF ORIGINAL TO SUBSTITUTE


C.S.H.B. 2887 clarifies which services are to be included in the
nonapplicability provision.  The substitute is also a legislative council
draft. 

C.S.H.B. 2887 also provides that this section does not apply to a contract
executed on or after the effective date.