H.B. 3508 78(R)    BILL ANALYSIS


H.B. 3508
By: Marchant
State Affairs
Committee Report (Amended)



BACKGROUND AND PURPOSE 

The Texas Legislative Council is required by law (Section 323.007,
Government Code) to carry out a complete nonsubstantive revision of the
Texas statutes.  The process involves reclassifying and rearranging the
statutes in a more logical order, employing a numbering system and format
that will accommodate later expansion of the law, eliminating repealed,
invalid, duplicative, and other ineffective provisions, and improving the
draftsmanship of the law, if practicable--all toward promoting the stated
purpose of making the statutes "more accessible, understandable, and
usable" without altering the sense, meaning, or effect of the law. 

In 1965, the council adopted a long-range plan of compiling the law into
codes arranged by general topics.  This code is the first to
systematically codify local laws according to topic, in this case those
local laws concerning special districts. 

The bill proposes a new Special District Local Laws Code composed of the
following six titles: 

 Title 1, General Provisions;
 Title 2, Environment and Sanitation;
 Title 3, Health;
 Title 4, Development and Improvement;
 Title 5, Transportation; and
 Title 6, Water and Wastewater.

The titles are divided into subtitles, chapters, subchapters, and
sections.  Sections are numbered decimally, and the number to the left of
the decimal point is the same as the chapter number.  Gaps in chapter and
section numbering are for later expansion.  The code is organized so that
each district's local law is contained in a single, separate chapter, and
to establish the structure of the code, council staff has selected at
least one district to treat for each proposed subtitle (with a few
exceptions). 

The council's legal staff has taken meticulous care to ensure that no
substantive change has been made in the laws and to preserve any ambiguity
or interpretation that may exist in the current laws. 

The staff has developed an extensive mailing list, and drafts of the
proposed chapters have been distributed to interested persons, including
state agencies and representatives of each district whose local law was
selected for inclusion, for review and comment. The staff has studied
submitted comments and suggestions and has taken action to satisfy any
concerns expressed. 

The proposed code is a nonsubstantive revision of Texas law.  The
substance of the law has not been altered.  The sole purpose of the
proposed code is to compile the local laws, arranged in a logical fashion,
and rewrite them without altering their meaning or legal effect.  If a
particular source statute is ambiguous and the ambiguity cannot be
resolved without a potential substantive effect, the ambiguity is
preserved. 

RULEMAKING AUTHORITY

This bill does not expressly delegate rulemaking authority to any state
officer, department, agency, or institution, but does codify that
authority already delegated by previous law. 

 ANALYSIS

The bill proposes Titles 1-6, Special District Local Laws Code, which is a
nonsubstantive revision of certain local laws concerning special districts
organized by type of district.  The bill revises local laws concerning
certain hospital districts, certain development and improvement districts,
a navigation district, and certain conservation and reclamation districts.
The bill also includes conforming amendments to certain of these local
laws as necessary to continue without substantive change provisions of law
not codified as part of the code.  In addition, the bill repeals the local
laws revised in the bill as well as the portions of those local laws that
have expired or that have been impliedly repealed.  Finally, the bill
includes a statement of the legislative intent to codify only, without
substantive change. 

EFFECTIVE DATE

The bill is to take effect April 1, 2005, in order to provide affected
persons a complete legislative cycle to more closely review what the
legislature has enacted. 


EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 amends Section 1002.251 of the proposed Special
District Local Laws Code to make that section  more closely follow the
source law from which the section is derived. By more closely following
the source law, an ambiguity will be retained in the law, and the section
can be interpreted in a way consistent with the way in which the affected
district currently interprets the law.  The ambiguity relates to the
length of time for which a bank serves as the district's depository.