BILL ANALYSIS

 

 

                                                                                                                                    C.S.H.B. 3565

                                                                                                                                          By: Puente

                                                                                                                               Natural Resources

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

The Bexar Metropolitan Water District ("Bexar Met") was created by the Legislature in 1945 to serve expected growth in Bexar County from veterans returning home from WWII.  Since then, however, Bexar Met has expanded beyond Bexar County to serve additional customers in Medina, Comal, and Atascosa Counties. 

 

In order to ensure that future expansions of Bexar Met's services and/or district boundaries reflect the needs of local citizens and political subdivisions, C.S.H.B. 3565 provides that Bexar Met may not provide services outside the boundaries of the district or add land to the district unless the governing body of each municipality or county in whose jurisdiction the district seeks to add land or services consents by ordinance or resolution.

 

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.   C.S.H.B. 3565 amends Bexar Met's enabling act to provide that, except for pending application to amend Certificate of Convenience and Necessity 10675, SOAH Docket No. 2003-0664-UCR, Bexar Met may not provide services outside the boundaries of the district unless the governing body of each municipality or county in whose jurisdiction the district seeks to provide services consents by ordinance or resolution.  In addition, Bexar Met may not add land to the District unless the governing body of each municipality or county in whose jurisdiction the land is located consents by ordinance or resolution.

 

SECTION 2. Provides effective date.

 

EFFECTIVE DATE

 

On passage; or if the Act does not receive the necessary vote, the Act takes effect September 1, 2005.

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

The substitute adds language providing that, except for one currently pending application to amend a certificate of convenience and necessity, Bexar Met may not provide services outside the boundaries of the district unless the governing body of each municipality or county in whose jurisdiction the district seeks to provide services consents by ordinance or resolution.  In addition, Bexar Met may not add land to the District unless the governing body of each municipality or county in whose jurisdiction the land is located consents by ordinance or resolution.

 

The substitute also removes language contained in the original filed bill that converted Bexar Met to a special utility district operating under Chapter 65 of the Water Code.  The substitute also removes language that made certain deletions to the district's enabling act, including deleting the power to regulate the disposal of waste and sewage, the collection of solid waste, and the power to store and treat storm and flood waters within the District.