BILL ANALYSIS

Senate Research Center                                                                                                      S.B. 1871

                                                                                                                               By: Jackson, Mike

Intergovernmental Relations

7/6/2005

Enrolled

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

S.B. 1871 creates the Brazoria County Municipal Utility District No. 44 (district), which will encompass an area of land inside the extraterritorial jurisdiction of the City of Bonney, Brazoria County, Texas.  The land to be located within the district will be developed into single-family residential and commercial properties; therefore, water, sewer, and drainage, services need to be secured.  It is necessary to create the district under Chapters 49 (Provisions Applicable to all Districts) and 54 (Municipal Utility Districts), Water Code, in order to purchase, acquire, or construct facilities for such services to serve the future occupants of the land utilizing tax exempt bonds.  S.B. 1871 provides regulations regarding the creation, administration, powers, duties, operation, and financing of 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 Subtitle F, Title 6, Special District Local Laws, by adding Chapter 8153, as follows:

CHAPTER 8153.  BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 44

Sets forth standard language for the creation of the Brazoria County Municipal Utility District No. 44 (district) in Brazoria County.  Sets forth standards, procedures, requirements, and criteria for:

Creation and approval of the district (Sections 8153.001-8153.004);

Size, composition, election, and terms of the board of directors of the district (Section 8153.021-8153.052)

Powers and duties of the district (Sections 8153.101-8153.104); and

General finance provisions and authority to issue bonds and obligations for the district (Sections 8153.151-8153.201).

Limits the exercise of eminent domain of the district to only acquire an easement to provide services to the district.

SECTION 2.  Sets forth the initial boundaries of the district.   

SECTION 3.  Provides that all requirements of the constitution and the laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished. 

SECTION 4.  Effective date: September 1, 2005.