SRC-VRA C.S.S.B. 1689 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1689
78R10046 DRH-DBy: Gallegos
Intergovernmental Relations
4/10/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

A municipal sanitary sewer system during heavy rain events is impacted by
factors known as infiltration and inflow (I&I).  I&I contribute to
sanitary sewer overflows, which must be controlled under the Federal Clean
Water Act.  Common examples of I&I include storm water leaking into
sanitary sewer lines due to aging of the lines and direct storm water
connections.  C.S.S.B. 1689 removes from current law the requirement that
private homeowners be assessed for the cost of sanitary sewer line repairs
or replacements on their property.   

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 402.901, Local Government Code, by adding
Subsection (k), to provide that  Subsections (a)-(j) do not affect the
ability of a home-rule municipality, in exercising its home-rule powers
under Section 5, Article XI, Texas Constitution, to relocate or replace a
water or sanitation sewer lateral on private property without making an
assessment against the property or a person.  Requires the municipality,
in exercising its home-rule powers for this purpose, to restore the
property to the condition existing before the replacement or relocation of
the lateral.     

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



SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Differs from the original by adding a reference to Subsections
(a)-(j) and adding new language to proposed text relating to the
exercising of home-rule powers by municipalties.