SRC-TJG S.B. 1494 78(R)BILL ANALYSIS


Senate Research CenterS.B. 1494
By: Madla
Natural Resources
8/7/2003
Enrolled


DIGEST AND PURPOSE 

Currently, the Bexar Metropolitan Water District (district) has regulatory
power of certain underground waters and the Bexar County Tax Assessor is
required to provide tax assessor services for the district. S.B. 1494
removes the power of the district to regulate certain underground waters.
This bill also removes the requirement that the Bexar County Tax
Assessor-Collector must provide tax assessor services for the 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 2, Chapter 306, Acts of the 49th Legislature,
Regular Session, 1945 (Article 8280-126, V.T.C.S.) to delete existing text
relating to underground waters situated under Bexar Metropolitan Water
District (district).  Makes a conforming change. 

SECTION 2.  Amends Section 3, Chapter 306, Acts of the 49th Legislature,
Regular Session, 1945 (Article 8280-126, V.T.C.S.), to require the
district, in addition to the powers vested by the Constitution and general
laws in such public agency for the greatest practicable measure to the
conservation, preservation, and beneficial utilization of its public
waters, the power to control and utilize its public waters and to regulate
the disposal of sewage, waste, and refuse, to have certain general powers. 

SECTION 3.  Amends Chapter 306, Acts of the 49th Legislature, Regular
Session, 1945 (Article 8280-126, V.T.C.S.) by adding Section 5A, as
follows: 

Sec. 5A.  (a)  Provides that the District's boundaries for purposes of the
exercise of its powers and duties is defined in Section 5 of this Act. 

(b)  Requires the District's boundaries to include the territory defined
in all or applicable portions of census tracts or property situated within
any area certificated by the Texas Commission on Environmental Quality to
the District on the date of passage of the Act adding this section
pursuant to Certificates of Convenience and Necessity Nos. 10675, 12759,
and 12760, in conformity with the court's judgment dated April 22, 1996,
in Cause No. SA96CA0335, Rios v. Bexar Metropolitan Water District et al.,
in the United States District Court, Western District of Texas, and for
the purpose of the exercise of its current retail water utility services. 

SECTION 4.  Repealer: Sections 6, 6a, and 20, Chapter 306,  Acts of the
49th Legislature, Regular Session, 1945 (Article 8280-126, V.T.C.S.). 

SECTION 5.  (a) Effective date: upon passage or September 1, 2003.  
 
(b) Provides that the repeal of Sections 6, 6a and 20, Chapter 306, Acts
of the 49th Legislature, Regular Session, 1945 (Article 8280-126,
V.T.C.S.) does not affect any annexation proceeding initiated before the
effective date of this Act.  Makes the application of this Act prospective
regarding an annexation proceeding. 

(c) Makes the application of the repeal of Sections 6, 6a, and 20, Chapter
306, Acts of the 49th Legislature, Regular Session, 1945 (Article
8280-126, V.T.C.S.), prospective.