BILL ANALYSIS

 

 

                                                                                                                                     C.S.S.B. 1864

                                                                                                                               By: Jackson, Mike

                                                                                                                               Natural Resources

                                                                                                        Committee Report (Substituted)

 

BACKGROUND AND PURPOSE

 

Galveston County Municipal Utility District No. 51 (the “District”) encompasses an area of undeveloped land inside the corporate limits of the City of Kemah, Texas.  As the development within the District is commercial, road services need to be secured. 

 

The bill empowers the District under Chapters 49 (Provisions Applicable to All Districts) and 54 (Municipal Utility Districts) of the Water Code, to construct and maintain roads or turnpikes to serve the future occupants of the land utilizing tax exempt bonds.

 

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

The bill adds Chapter 8130 to Subtitle F, Title 6, Special District Local Laws Code.  The bill makes Chapters 49 and 54 of the Water Code, and Section 52(b)(3) Article III, Texas Constitution, applicable to the District.  The bill provides for the construction, maintenance and operation of roads or turnpikes inside the district, bond financing and the imposition of a tax.  The bill requires consent by the municipality or county in which the district is located for a road project.  The bill requires compliance by the District with city or county ordinances regarding construction standards, zoning and subdivision requirements and with the ordinance or resolution consenting to the creation of the district.

 

SECTION 2

The bill states that constitutional and statutory procedural requirements regarding notice, introduction, and passage of this Act have been fulfilled and accomplished.

 

SECTION 3

The effective date is September 1, 2005.

 

EFFECTIVE DATE

 

The effective date is September 1, 2005.

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

C.S.S.B. 1864 modifies the original in that it restricts the grant of road powers to inside the district.

 

C.S.S.B. 1864 modifies the original in that it requires that all district road projects must meet municipal and county standards and requirements in which the district is located.

 

C.S.S.B. 1864 modifies the original in that it requires consent by the municipality or county in which the district is located for a road project.

 

C.S.S.B. 1864 modifies the original in that it requires the district to comply with the City of Kemah ordinance or resolution consenting to the creation of the district.