SRC-TJG H.B. 3383 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 3383
78R11453 BDH-FBy: Swinford (Estes)
Natural Resources
5/19/2003
Engrossed


DIGEST AND PURPOSE 

In 2001, Chapter 60 was added to the Agriculture Code to permit the
creation of agricultural development districts.  Such districts provide
incentives for the development of agricultural operations and facilities.
Property owners, prospective purchasers, real estate professionals, title
insurers, and other interested persons have raised concerns about locating
and obtaining information about newly created districts, including
district boundaries, assessments, functions, and other relevant
information.  H.B. 3383 requires an agricultural development district to
file relevant information with the county clerk in the county in which the
district is located and with the Texas Department of Agriculture.   

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 60.032, Agriculture Code, by adding Subsection
(c), to provide that if the proposed Texas Agricultural Development
District (district) contains not more than 25 registered voters, Section
41.001(a) (Uniform Election Dates), Election Code, does not apply to the
election. 

SECTION 2.  Amends Section 60.063, Agriculture Code, by amending
Subsection (a) and adding Subsections (d) and (e), as follows: 

(a) Makes a conforming and a nonsubstantive change.

(d) Requires the board of directors of the district (board) to prescribe
the form for notice under this section. 

(e) Provides that a seller is not required to give notice under this
section if certain conditions apply. 

SECTION 3.  Amends Subchapter C, Chapter 60, Agriculture Code, by adding
Section 60.0631, as follows: 

Sec. 60.0631.  FILING INFORMATION.  (a) Requires a district to file
certain items with the Texas Department of Agriculture (TDA) and the
county clerk in each county in which all or part of the district is
located. 

(b) Requires the information form filed by a district under this section
to include certain information. 

(c) Requires the information form and map or plat required by this section
to be signed by a majority of the members of the board and by each board
officer before it is filed with TDA and each appropriate county clerk, and
requires each amendment made to an information form, map, or plat to be
signed by the members of the board and by each board officer. 
 (d) Requires the information form required by this section to be filed
with each appropriate county clerk and TDA not later than 48 hours after
the district is approved by an election under Section 60.032 and the
election results are certified. 

(e) Requires the district, not later than the seventh day after the date
of any change in any information contained in the district information,
map, or plat, to file with TDA and each appropriate county clerk an
amendment to the information form, map, or plat that describes the change. 

(f) Requires the board, if the district is dissolved, annexed, or
consolidated, to file with TDA and each appropriate county clerk a
statement of the effective date of the dissolution, annexation, or
consolidation.  Provides that a person who sells or conveys property
within a dissolved district is not required to give notice under Section
60.063. 

SECTION 4.  Requires the board of each district, not later than September
30, 2003, to prescribe a form for notice to purchasers under Section
60.063, Agriculture Code, as amended by this Act. 

SECTION 5.  Requires a district, established on or before October 1, 2003,
to, not later than October 3, 2003, file the information form described by
Section 60.0631, Agriculture Code, as added by this Act. 

SECTION 6.  Effective date: September 1, 2003.