SRC-JLB S.B. 542 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 542
78R4048 RCJ-FBy: Lindsay
Natural Resources
3/3/2003
As Filed


DIGEST AND PURPOSE 

Currently, there is no specific authorization for a water district to
de-annex property in the event that it does not have enough capacity for
development, and the taxpayers of the district do not want to undertake a
new bond issue to add improvements.  The last few landowners are left with
land that cannot be used without access to utilities and have no
alternative method to obtain utilities.  As proposed, S.B. 542 directs a
district that does not wish to provide utilities for development of land
in its district to de annex land upon application by the landowner. 

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 Chapter 49J, Water Code, by adding Section 49.3075, as
follows: 

Sec.  49.3075.  EXCLUSION FOR FAILURE TO PROVIDE SUFFICIENT SERVICES. (a)
Requires the governing body of the district (board) to call a hearing on
the exclusion of land from a district on a written petition filed with the
secretary of the board by a landowner whose land has been included in and
taxable by the district for more than 20 years if any bonds issued by the
district payable in whole or in part from taxes of the district are no
longer outstanding and the petition includes or describes certain
entities. 

(b) Requires the board to hold the hearing at the earliest practicable
time after receipt of the petition. 

(c) Requires the board, unless the district presents evidence at the
hearing that conclusively demonstrates that the requirements and grounds
for exclusion described by Subsection (a) have not been met, to enter an
order excluding the land from the district and to redefine in the order
the boundaries of the district to embrace all land not excluded. 

(d) Requires a copy of an order excluding land and redefining boundaries
of the district to be filed in the deed records of the county or counties
in which the district is located. 

SECTION 2.  Effective date:  upon passage or September 1, 2003.