BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 2782

80R4718 JLL-F                                                                                                   By: Otto (Williams)

                                                                                                               Intergovernmental Relations

                                                                                                                                            5/15/2007

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Development and growth in the area of Liberty County has created the need for permanent improvements such as water production and distribution facilities, wastewater collection and treatment facilities, drainage projects, and other conservation and reclamation projects. 

 

Section 59 (Conservation and Development of Natural Resources and Parks and Recreational Facilities; Conservation and Reclamation Districts), Article XVI, Texas Constitution, provides for the creation of conservation and reclamation districts that are authorized to incur indebtedness to provide such permanent improvements and to levy taxes for the maintenance and operation of such improvements and for the repayment of such indebtedness. 

 

Pursuant to Section 59, Article XVI, Texas Constitution, and subject to the continuing supervisory jurisdiction of the Texas Commission on Environmental Quality, H.B. 2782 creates a conservation and reclamation district to be known as Liberty County Municipal Utility District No. 5, over land to be developed as a residential community with related retail and commercial properties in Liberty County.

 

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 Code, by adding Chapter 8185, as follows:

 

CHAPTER 8185.  LIBERTY COUNTY MUNICIPAL UTILITY DISTRICT NO. 5

 

Sets forth standard language for the creation of the Liberty County Municipal Utility District No. 5 (district) in Liberty County.  Sets forth standards, procedures, requirements, and criteria for:

 

Creation and approval of the district (Sections 8185.001 - 8185.050);

 

Size, composition, election, and terms of the board of directors of the district (Sections 8185.051 - 8185.100);

 

Powers and duties of the district (Section 8185.101 - 8185.103); and

 

Authorizes the use of eminent domain by 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, 2007.