BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1204

                                                                                                                                            By: Hegar

                                                                                                                               Natural Resources

                                                                                                                                            9/15/2009

                                                                                                                                              Enrolled

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

S.B. 1204 amends statutes relating to the Bastrop County Water Control and Improvement District No. 2 (district).  The district was created by the Bastrop County Commissioners Court in 1985 to provide water service to the residents within the Tahitian Village subdivision of Bastrop County.  In 1986, the district was first given the authority to construct and maintain the roads in the Tahitian Village subdivision.  The district currently provides water, sewer, and road maintenance and construction services to customers and lot owners within the subdivision.  The district operates under the authority provided in Chapter 11001 (Road District Authority of Bastrop County Water Control and Improvement District No. 2), Special District Local Laws Code, under Section 52 (Counties, Cities or Other Political Corporations or Subdivisions; Lending Credit; Grants; Bonds), Article III (Legislative Department), Texas Constitution, and Chapters 49 (Provisions Applicable to All Districts) and 51 (Water Control and Improvement Districts), Water Code. 

 

S.B. 1204 amends current law relating to the powers and duties of the district.

 

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 11001.007, Special District Local Laws Code, as follows: 

 

Sec.  11001.007.  MONTHLY CHARGES.  (a)  Authorizes the board of directors of the Bastrop County Water Control and Improvement District No. 2 (board) by resolution to impose a monthly charge in an amount not to exceed $15, rather than five dollars, for each developed or undeveloped lot, tract, or reserve in the Bastrop County Water Control and Improvement District No. 2 (district). 

 

(a-1)  Prohibits the board from increasing the monthly charge for a developed or undeveloped lot, tract, or reserve in the district by more than $3 in any calendar year.  Authorizes the board to grant an exemption to an increase in the monthly charge to the owner of a lot, tract, or reserve in the district who is 65 years of age or older and uses the lot, tract, or reserve as a residence, or has been determined to have a disability by and has written documentation of the disability from the United States Social Security Administration or the United States Department of Veterans Affairs.

 

(b)  Provides that money from the monthly charge may be used only for, rather than must be used for, constructing, maintaining, or repairing public streets or roadways in the district, or purchasing equipment necessary to maintain or repair public streets or roadways in the district.  Makes nonsubstantive changes. 

 

(c)  Provides that of the money received under Subsection (a) each fiscal year not more than 10 percent may be used for administrative purposes, and not less than 15 percent is required to be used for road maintenance, rather than not more than 15 percent may be used for road maintenance.

 

SECTION 2.  Effective date:  upon passage or September 1, 2009.