BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1878

                                                                                                                                           By: Deuell

                                                                                                               Intergovernmental Relations

                                                                                                                                            4/26/2005

                                                                                                                                              As Filed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Currently, the board of directors of the Falcon's Lair Utility and Reclamation District of Dallas County cannot amend special assessment orders or assessments imposed in the order to reflect changes in improvement projects.

 

As proposed, S.B. 1878 allows the board to amend special assessment orders and the assessments imposed in the order to reflect the change of projects if the project is amended or canceled and replaced by a different improvement project.  The amended assessment order may only be adopted after a hearing is conducted.

 

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 204, Chapter 935, Acts of the 69th Legislature, Regular Session, 1985, by adding Subsection (e), as follows:

 

(e)  Authorizes the board of directors of the Falcon's Lair Utility and Reclamation District (board) to amend the special assessment order and the assessments imposed in the order to reflect the change of projects, the costs of the revised improvement project, and the benefits of the revised improvement project if the board levies an assessment to pay the cost of an improvement project and subsequently the improvement project is amended or canceled and replaced by a different improvement project.  Authorizes the amended assessment order to be adopted after a hearing is conducted in accordance with the procedures provided by Subsection (d) of this section.

 

SECTION 2.  (a)  Provides that the legislature validates and confirms in all respects any act or proceeding of the Falcon's Lair Utility and Reclamation District, of Dallas County, Texas, including elections and annexations, not excepted by Subsection (b) of this section and taken not more than eight years before the effective date of this Act, effective as of the date on which the act or proceeding occurred.

 

(b)  Provides that this section does not apply to an act or proceeding that is the subject of litigation pending on the effective date of this Act or to an act that, under a statute of this state or the United States, was a misdemeanor or a felony at the time the act occurred.

 

SECTION 3.  Effective date:  upon passage or September 1, 2005.