BILL ANALYSIS

H.B. 1852

By: Miller, Doug

Natural Resources

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Certain law requires certain districts to apply to the Texas Commission on Environmental Quality (TCEQ) for engineering review and bond approval prior to the issuance of bonds for financing certain projects to protect the public interest by ensuring that projects are not financed that are not properly designed. However, the parties note that the law exempts from that requirement certain regional water and wastewater service providers that may have more sophisticated and experienced project development and financing.  It is reported that the exemption can result in tremendous cost and time savings to consumers, who ultimately must pay for the additional review by TCEQ.  H.B. 1852 seeks to establish provisions relating to the applicability to certain regional water districts of provisions concerning bond approval by TCEQ in an attempt to reduce project costs and enable timely delivery of services.

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

H.B. 1852 amends the Water Code to make provisions relating to the authority of the Texas Commission on Environmental Quality over the issuance of bonds by a water district inapplicable to a district, among certain other districts, that is a conservation and reclamation district created under applicable constitutional provisions that includes territory in at least three counties and has the rights, powers, privileges, and functions applicable to a river authority under the Regional Waste Disposal Act. 

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2011.