BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1993

                                                                                                                                         By: Nichols

                                                                                                               Intergovernmental Relations

                                                                                                                                              8/7/2007

                                                                                                                                              Enrolled

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

S.B. 1993 authorizes the Lake View Management and Development District (district) to utilize Section 53, Water Code, that authorizes districts to divide into two or more separate districts under certain circumstances.  The district is located entirely in Henderson County and is contemplating annexation of additional lands.  The district needs to divide into two or more separate districts, and will be authorized to do so provided that there are no outstanding bonds and no ad valorem taxes are being levied.

 

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 Subchapter C, Chapter 3828, Special District Local Laws Code, by adding Section 3828.112, as follows:

 

Sec. 3828.112.  DIVISION OF DISTRICT.  (a)  Authorizes the Lake View Management and Development District to be divided into two or more new districts only if the district has no outstanding bonded debt and is not imposing ad valorem taxes.

 

(b)  Provides that the division procedure is prescribed by Sections 53.030 through 53.041, Water Code.

 

(c)  Prohibits any new district created by the division of the district, at the time the new district is created, from containing any land outside of Henderson County or in the corporate limits or extraterritorial jurisdiction of a municipality, unless the municipality consents.

 

 (d)  Provides that any new district created by the division of the district has all the powers and duties of the district.

 

SECTION 2.  (a)  Provides that all governmental and proprietary actions of the Lake View Management and Development District taken before April 1, 2007, are validated, ratified, and confirmed in all respects as if the actions had been taken as authorized by law.

 

(b)  Provides that this section does not apply to certain matters that that are the subject of litigation.

 

SECTION 3.  Effective date: upon passage or September 1, 2007.