BILL ANALYSIS

 

 

                                                                                                                                            S.B. 1990

                                                                                                                                            By: Hegar

                                                                                                                               Natural Resources

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Current law provides for the creation of conservation and reclamation districts and authorizes such districts to incur indebtedness to provide permanent improvements and, with voter approval, to levy taxes for the operation and maintenance of such improvements and for the repayment of such indebtedness.  Such a district needs to be created in Calhoun County to provide water and wastewater facilities and services to an area in which such services and facilities are not currently available.

 

S.B. 1990 creates a conservation and reclamation district initially in Calhoun County, Texas, to be known as the Calhoun County Municipal Utility District No. 1 (district), subject to the approval at a confirmation election held within the district before September 1, 2011.  S.B. 1990 also provides that the district is a governmental agency created under Section 59, Article XVI, Texas Constitution.  S.B. 1990 provides for the appointment of temporary directors and for the election and terms of permanent directors.  Finally, S.B. 1990 provides that the district has the powers and duties provided by the general law of the state, including those provided by Chapter 49 (Provisions Applicable to All Districts) and Chapter 54 (Municipal Utility Districts), Water Code.

 

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.  Amends Subtitle F, Title 6, Special District Local Laws Code, by adding Chapter 8231, as follows:

 

CHAPTER 8231.  CALHOUN COUNTY MUNICIPAL UTILITY DISTRICT NO. 1

 

Sets forth the standard language for the creation of the Calhoun County Municipal Utility District No. 1 (district).  Sets forth standards, procedures, requirements, and criteria for:

 

Creation and approval of the district (Sections 8231.001 - 8231.004);

 

Size, composition, election, and terms of the board of directors of the district (Sections 8231.021 - 8231.024, 8231.051);

 

Powers and duties of the district (Section 8231.101); and

 

Division of the district (Section 8231.102).

 

Sections reserved for expansion: 8231.005-8231.020, 8231.025-8231.050, 8231.052-8231.100

 

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

 

SECTION 3.  Provides that all requirements of the constitution and 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.  Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2007.

 

EFFECTIVE DATE

 

Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2007.