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


Senate Research CenterC.S.S.B. 1494
78R13100 RCJ-DBy: Madla
Natural Resources
5/1/2003
Committee Report (Substituted)


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. C.S.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.  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-0355, 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.