SRC-VRA S.B. 414 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 414
78R1071 RCJ-FBy: Madla
Intergovernmental Relations
2/28/2003
As Filed


DIGEST AND PURPOSE 

Currently a county judge or commissioners court is required to set an
immediate time and place for a hearing relating to certain procedures for
consideration of a petition for the creation of a fresh water supply
district.  As proposed, S.B. 414 would authorize a county judge or
commissioners court to consider the feasability, necessity, and benefit of
a proposed fresh water supply district when making a decision to grant or
refuse to grant such a district's creation.  Additionally, it outlines the
process by which a commissioners court is required to conduct a hearing on
a proposed district.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 53.016, Water Code, to delete the word
"immediately" from existing text regarding the requirement of a
commissioners court or county judge to set a time and place for a hearing
on the petition by the commissioners court for the creation of a fresh
water supply district. 

SECTION 2.   Amends Section 53.019(a), Water Code, to authorize any
person, at the hearing on the petition, whose land is included in or would
be affected by the creation of the district to appear and contest the
creation of the district and to offer testimony to show that the district
is or is not necessary, would or would not be a public utility or benefit
to land in the district and would or would not be feasible or practicable.
Deletes existing text regarding the commissioners court's jurisdiction to
determine issues pertaining to the sufficiency of the petition.   

SECTION 3.  Amends Chapter 53B, Water Code, by adding Section 53.0195, as
follows: 

Sec.  53.0195.  GRANTING OR REFUSING PETITION.  (a)  Requires the
commissioners court to grant the petition requesting the creation of a
district if it appears at the hearing that certain criteria are met. 

(b)  Requires the commissioners court, if it fails to make the findings
required by Subsection (a), to refuse to grant the petition. 

(c)  Authorizes the commissioners court, if it finds that any of the land
sought to be included in the proposed district will not be benefited by
inclusion in the district, to exclude those lands not to be benefited and
requires the commissioners court to redefine the boundaries of the
proposed district to include only the land that will receive benefits from
the district.  

SECTION 4.  Makes application of this Act prospective.  

SECTION 5.  Effective date:  upon passage or September 1, 2003.