H.J.R. 49 78(R) BILL ANALYSIS H.J.R. 49 By: Callegari State Cultural and Recreational Resources Committee Report (Unamended) BACKGROUND AND PURPOSE Currently, water district tax receipts may not be used for the development of parks and recreational facilities. H.J.R. 49 amends the Texas Constitution so that the development of parks and recreational facilities would be recognized as a constitutionally authorized power of water districts. RULEMAKING AUTHORITY It is the committee's opinion that this resolution does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS HJR 49 includes the development of parks and recreational facilities as a public right and duty for which the Legislature shall pass appropriate laws. HJR 49 contains implementation language clarifying that the intent of the amendment proposed in SECTION 1 of HJR 49 is to expand the authority of conservation and reclamation districts to develop parks and recreational facilities. HJR 49 also provides that the proposed amendment should not be construed as a limitation on the powers of a district as those powers exist immediately before the amendment takes place. HJR 49 requires that the proposed constitutional amendment be submitted to Texas voters at an election to be held on November 4, 2003. Requires that the language on the ballot be as follows: "The constitutional amendment relating to the provision of parks and recreational facilities by certain conservation and reclamation districts." FOR ELECTION This proposed constitutional amendment shall be submitted to the voters at an election to be held November 4, 2003.