BILL ANALYSIS

H.B. 3840

By: Parker

Natural Resources

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The Tradition Municipal Utility District No. 2 of Denton County was recently created by the legislature but the district territory currently remains undeveloped.   H.B. 3840 seeks to establish provisions relating to the extension of the deadline for holding the confirmation and election of initial directors of the district.

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. 3840 amends the Special District Local Laws Code to change from September 1, 2011, to September 1, 2015, the date on which the Tradition Municipal Utility District No. 2 of Denton County is dissolved if the creation of the district is not confirmed at a confirmation election before such date.  The bill changes from September 1, 2014, to September 1, 2018, the date on which statutory provisions relating to the district expire if the creation of the district is not confirmed at such an election.

H.B. 3840 establishes that temporary directors of the district serve until the fourth anniversary of the date of appointment, rather than until the date temporary provisions relating to the district expire, if that date is earlier than the date initial directors are elected. The bill, if initial directors have not been elected and the terms of the temporary directors have expired, requires successor temporary directors to be appointed or reappointed to serve terms that expire on the earliest of the date initial directors are elected, the fourth anniversary of the date of the appointment or reappointment, or the date statutory provisions relating to the district expire if the creation of the district is not confirmed at a confirmation election.

H.B. 3840 authorizes the owner or owners of a majority of the assessed value of the real property in the district, if the appointment or reappointment of successor temporary directors is necessary, to submit a petition to the Texas Commission on Environmental Quality (TCEQ) requesting that TCEQ appoint as successor temporary directors the five persons named in the petition.  The bill requires TCEQ to appoint as successor temporary directors the five persons named in the petition.

H.B. 3840 changes from September 1, 2014, to September 1, 2018, the date on which temporary provisions relating to the district expire.

EFFECTIVE DATE

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