S.B. 1494 78(R)    BILL ANALYSIS


S.B. 1494
By: Madla
Natural Resources
Committee Report (Amended)



BACKGROUND 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
AssessorCollector must provide tax assessor services for the district 

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. 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. Requires the district's boundaries, for purposes of the exercise
of the district's current retail water utility services, to include the
territory defined in all of the portions of, or the applicable portions
of, the census tracts or property situated within the area described by
certificates of convenience and necessity numbers 10675, 12759, and 12760
issued by TCEQ as they are in effect on the effective date of this Act, in
addition to the territory described by Section 5 of this Act, and in
conformity with the court's order dated April 22, 1996, in Rios v. Bexar
Metropolitan Water District et al., No. SA-96CA-0335, in the United State
District Court, Western District of Texas. 
 
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.  

 
EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 clarifies that the district's boundaries for the
purposes of the exercise of its powers and duties is defined by its metes
and bounds.  The amendment further clarifies that for the purposes of the
Voting Rights Act and the exercise of retail water utility services the
district's boundaries include its CCN.