H.B. 3612 78(R)    BILL ANALYSIS


H.B. 3612
By: Cook, Robby
Natural Resources
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Current Texas law provides for the creation of conservation and
reclamation districts which are authorized to incur indebtedness to
provide permanent improvements and to levy taxes for the maintenance and
operation of such improvements.   

HB 3612 creates a conservation and reclamation district to be known as the
Garfield Municipal Utility District No. 1 (district).  The district is
wholly located within Bastrop County and is subject to both approval of
the City of Bastrop and a confirmation election. 

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.    DEFINITION.  Defines "board," "commission," and "district. "

SECTION 2.  CREATION.  Provides that a conservation and reclamation
district, to be known as the Garfield Municipal Utility District No. 1
(district), is created in Bastrop County, subject to approval at a
confirmation election under SECTION 12 of this Act.  Provides that the
district is a political subdivision of the state.   

SECTION 3.  AUTHORITY FOR CREATION.  Provides that the district is created
under and is essential to accomplish the purposes of Section 59, Article
XVI, Texas Constitution.   

SECTION 4.  FINDING OF BENEFIT AND PUBLIC PURPOSE.  The district is
created to serve a public use and benefit. All of the land and other
property included within the boundaries of the district will be benefitted
by the works and projects that are to be accomplished by the district 

SECTION 5.     BOUNDARIES.  Sets forth the boundaries of the district.  

SECTION 6. FINDINGS RELATIVE TO BOUNDARIES.  Sets forth legislative
findings relating to the boundaries of the district. 

SECTION 7.    POWERS.  Sets forth the powers of the district.

SECTION 8.  DEVELOPMENT AGREEMENT.  Provides that the district and the
municipality may contract for certain enumerated measures. 

SECTION 9.   APPLICABILITY OF OTHER LAWS.  Provides that this Act prevails
over any provision of general law that may conflict.   

SECTION 10.   BOARD OF DIRECTORS.  Sets forth regulations regarding the
board of directors of the district (board). 

SECTION 11.  TEMPORARY DIRECTORS.  Sets forth the composition of the
temporary board. 

 SECTION 12.   CONFIRMATION AND INITIAL DIRECTORS ELECTION.  Sets forth
regulations regarding the confirmation and initial directors' election. 

SECTION 13.  ELECTION OF PERMANENT DIRECTORS.  Sets forth regulations
regarding the election of directors. 

SECTION 14.  FINDINGS RELATING TO PROCEDURAL REQUIREMENT.  Provides that
all procedural requirements regarding this Act have been met. 

SECTION 15.  METES AND BOUNDS DESCRIPTIONS.  Describes the metes and
bounds of the district. 

SECTION 16.  EFFECTIVE DATE. 


EFFECTIVE DATE

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