H.B. 3594 78(R)    BILL ANALYSIS


H.B. 3594
By: Gattis
Natural Resources
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Williamson County Municipal Utility District No. 14 (district) will
encompass an area of land outside of the corporate limits of any city.
The land to be located within the district will be developed primarily
into single family and multi-family residential developments, and
therefore water, sewer, and drainage services need to be secured. It is
necessary to create the municipal utility district under Chapters 49
(Provisions Applicable to All Districts) and 54 (Municipal Utility
Districts), Water Code, in order to purchase, acquire, or construct
facilities for such services to serve the future occupants of the land
utilizing tax exempt bonds. H.B. 3594 provides regulations regarding the
creation, administration, powers, duties, operation, and financing of the
district.  

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

SECTION 1. DEFINITIONS.  Defines "Board", "Commission" and "District."  

SECTION 2. CREATION.  Provides that a district, to be known as the
Williamson County Municipal Utility District No. 14 (district), is created
in Williamson County, subject to approval at a confirmation election under
SECTION 9 of this Act.  Provides that the district is a governmental
agency and a body politic and corporate.  

SECTION 3. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.  Provides that the
district is created to serve a public use and benefit and created under
and is essential to accomplish the purposes of Section 59 (Conservation
and Development of Natural Resources; Conservation and Reclamation
Districts), Article XVI, Texas Constitution. All of the land included
within the district will be benefitted by the works and projects of the
district. 

SECTION 4.  BOUNDARIES.  Sets forth the boundaries of the district.

SECTION 5.  FINDINGS RELATIVE TO BOUNDARIES.  Sets forth legislative
findings relating to the boundaries of the district.  

SECTION 6.  APPLICABILITY OF OTHER LAW.  Provides that this Act prevails
over any provision of general law that is in conflict or inconsistent with
this Act.  

SECTION 7. BOARD OF DIRECTORS.  Provides that the district is composed of a
five-member board of directors.  Provides that temporary directors serve
until initial directors are elected under  SECTION 9 of this Act.
Provides that initial directors serve until permanent directors are
elected under SECTION 10 of this Act.  Provides that permanent directors
serve staggered fouryear terms. Provides that each director must qualify
to serve as director in the manner provided by Section 49.055 (Sworn
Statement, Bond, and Oath of Office), Water Code.  Provides that a
director serves until the successor has qualified.  
 
SECTION 8. TEMPORARY DIRECTORS.  Sets forth the composition of the
temporary board of directors by listing each temporary board member by
name.  Provides for the appointment process  if a temporary director fails
to qualify for office. 

SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.   Requires the
temporary board to call and hold an election to confirm establishment of
the district and elect five initial directors.  Provides that Section
41.001(a) (Uniform Election Dates), Election Code,  does not apply to the
confirmation election.  

SECTION 10. ELECTION OF DIRECTORS.  Sets forth the election dates and term
requirements of the directors, providing for staggered terms.  Sets out
the dates on which subsequent elections will be held.  

SECTION 11. GENERAL POWERS.  Provides that the district has all of the
rights, powers, privileges, authority, functions, and duties provided
under general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.  

SECTION 12. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCES OR RESOLUTIONS.
Subject to the limitations of Section 54.016, Water Code, outlines the
district's compliance with municipal consent ordinances or resolutions, as
it relates to the district.  

SECTION 13.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a) Provides
that the proper and legal notice setting forth the substance of this Act
has been published as provided by law.  Provides that a notice of a copy
of this Act has been furnished to the required persons, agencies,
officials, or entities according to the constitution and other laws of
this state.  
(b) Provides that the Texas Commission on Environmental Quality (TCEQ) has
filed its recommendations relating to this Act with the governor,
lieutenant governor, and the speaker of the house of representatives
within the required time.  
(c) Provides that all requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect to the
notice, introduction, and passage of this Act are fulfilled and
accomplished.  

SECTION 14.  EFFECTIVE DATE; EXPIRATION DATE.  Effective date is September
1, 2003. Expiration date is September 1, 2005, if the district is not
confirmed under Section 9. 


EFFECTIVE DATE

September 1, 2003