SRC-TJG S.J.R. 30 78(R)BILL ANALYSIS


Senate Research CenterS.J.R. 30
By: Lindsay
Natural Resources
7/8/2003
Enrolled


DIGEST AND PURPOSE 

Currently, water district tax receipts may not be used for the development
of parks and recreational facilities.  Many counties do not have the
necessary funds for the development of parks and recreational facilities.
S.J.R. 30 amends the Texas Constitution so that the development of parks
and recreational facilities would be recognized as a constitutionally
authorized power of water districts, and therefore eligible for tax-backed
bond financing.   

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 59, Article XVI, Texas Constitution, by
amending Subsection (a) and adding Subsection (c-1), as follows: 

(a) Adds development of parks and recreational facilities to the list of
declared public rights and duties for which the legislature shall pass
appropriate laws.  

(c-1) Authorizes the legislature, in addition and only as provided by this
subsection, to authorize conservation and reclamation districts to develop
and finance with taxes those types and categories of parks and
recreational facilities that were not authorized by this section to be
developed and financed with taxes before September 13, 2003.  Authorizes
the legislature, for development of such parks and recreational
facilities, to authorize indebtedness payable from taxes as may be
necessary to provide for improvements and maintenance only for a
conservation and reclamation district all or part of which is located in
certain counties, or for the Tarrant Regional Water District, a water
control and improvement district located in whole or in part in Tarrant
County.  Authorizes all indebtedness to be evidenced by bonds of the
conservation and reclamation district, to be issued under regulations as
may be prescribed by law.  Authorizes the legislature to also authorize
the levy and collection within such district of all taxes, equitably
distributed, as may be necessary for the payment of the interest and the
creation of a sinking fund for the payment of the bonds and for
maintenance and improvements to such parks and recreational facilities.
Requires the indebtedness to be a lien on the property assessed for the
payment of the bonds.  Prohibits the legislature from authorizing the
issuance of bonds or provide for indebtedness under this subsection
against a conservation and reclamation district unless a proposition is
first submitted to the qualified voters of the district and the
proposition is adopted.  Provides that this subsection expands the
authority of the legislature with respect to certain conservation and
reclamation districts and is not a limitation on the authority of the
legislature with respect to conservation and reclamation districts and
parks and recreational facilities pursuant to this section as that
authority existed before September 13, 2003. 

SECTION 2.  Provides that the legislature intends by the amendment
proposed by Section 1 of this resolution to expand the authority of
conservation and reclamation districts with respect to parks and
recreational facilities.  Provides that the proposed amendment should not
be construed as a limitation on the powers of a district as those powers
exist immediately before the  amendment takes effect. 

SECTION 3.  Requires the proposed constitutional amendment to be submitted
to the voters at an election to be held September 13, 2003.  Requires the
ballot to be printed to permit voting for or against the specific
proposition.