BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 4710

                                                                                                                            By: Aycock (Fraser)

                                                                                                               Intergovernmental Relations

                                                                                                                                            5/19/2009

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Development and growth in Burnet County has created the need for large-scale, permanent improvements such as water supply and distribution facilities, wastewater collection and treatment facilities, drainage and flood control projects, and major thoroughfare improvements.  The Texas Constitution provides for the creation of local governmental districts authorized to incur debt to provide such permanent improvements and to levy taxes for the maintenance and operation of such improvements and for the repayment of such debt. 

 

H.B. 4710 creates the Clearwater Ranch Municipal Utility District No. 1 in Burnet County, Texas, provides the authority to impose a tax and issue bonds, and grants a limited power of eminent domain. 

 

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 8353, as follows:

 

CHAPTER 8353.  CLEARWATER RANCH MUNICIPAL UTILITY DISTRICT NO. 1

 

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

 

Creation and approval of the district (Sections 8353.001-8353.050).

 

Size, composition, election, and terms of the board of directors of the district (Sections 8353.051-8353.100);

 

Powers and duties of the district (Sections 8353.101-8353.150); and

 

General financial provisions and authority to impose a tax and to issue bonds and obligations for the district (Sections 8353.151-8353.203).

 

Prohibits the exercise of the power of eminent domain outside the district by the district to acquire a site or easement for a road project under Section 8353.103 (Authority for Road Projects) or a recreational facility as defined by Section 49.462 (Definitions), Water Code.

 

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.  Effective date:  upon passage or September 1, 2009.