C.S.H.B. 3383 78(R)    BILL ANALYSIS


C.S.H.B. 3383
By: Swinford
Agriculture & Livestock
Committee Report (Substituted)


BACKGROUND 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.
C.S.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 Department of Agriculture.  The bill's
purpose is to make such information about each agricultural development
district readily available to the public. 
Additionally, an election for the creation of an agricultural district
must currently comply with Sec. 41.001 of the Election Code, which
requires elections to be held on certain dates. In some areas, an
agricultural development district may contain 25 or fewer registered
voters.  Compliance with the prescribed election dates in these areas is
not efficient or necessary.  The bill exempts an agricultural development
district containing 25 or fewer registered voters from adhering to Sec.
41.001, Election Code. 

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. 3383 amends the Agriculture Code to exempt a proposed
agricultural development district which contains 25 or fewer registered
voters, from complying with Sec. 41.001 (a), Election Code. The bill
exempts the requirement that a seller must disclose notice to a purchaser
if the seller is obligated under a written contract to furnish to the
buyer a title insurance commitment before closing and the purchaser is
entitled to terminate the contract because the property is located in an
agricultural development district.  

The bill amends Chapter 60, Agriculture Code, to require an agricultural
development district (district) to file with the county clerk or clerks in
which the district is located and the Texas Department of Agriculture, an
information form set forth in the bill, regarding in part the district and
a complete and accurate map or plat showing the boundaries of the
district.  The bill requires that the information form and map or plat be
signed by a majority of the members of the district board and by each such
officer before it is filed with the county clerk. The bill requires that
the information form be filed within 48 hours after the district is
approved by an election.  The bill also requires that the district  file
an amendment setting forth any changes made to the information form, map,
or plat. The bill states that if the district is dissolved, annexed to
another local government, or consolidated with another district, the
district must file a statement stating this fact.  

EFFECTIVE DATE

September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3383 makes technical corrections relating to the incorrect
statute citations in the bill as  originally  filed.  The substitute adds
a provision to exempt the requirement that a seller must disclose notice
to a purchaser if the seller is obligated under a written contract to
furnish to the buyer a title insurance commitment before closing and the
purchaser is entitled to terminate the contract if the property is located
in an agricultural development district.  The original called for
immediate effect. The substitute has an effective date of September 1,
2003.