BILL ANALYSIS

 

 

Senate Research Center

S.B. 684

82R5609 PMO-F

By: Huffman

 

Natural Resources

 

3/11/2011

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The Fort Bend County Water Control and Improvement District No. 1 (WCID #1) was created in 1932 by the legislature to provide water, drainage facilities and services, and levees to help alleviate flooding.  For over 75 years, WCID #1 has served the residents of WCID #1 and Sugar Land.  Those cities once served by WCID #1 have now matured and taken over the role of WCID #1.

 

The City of Sugar Land has annexed and incorporated approximately 90 percent of the land located within WCID #1's boundaries, and provides all of the water and drainage services to the residents and businesses located in that area.  Furthermore, WCID #1 has conveyed  to the City of Sugar Land all of its dams, facilities, improvements, easements, and real property used to contain, control, or convey WCID #1's water.

 

S.B. 684 is a local bill that dissolves WCID #1 and transfers all water rights and duties of WCID #1 to the City of Sugar Land.

 

As proposed, S.B. 684 amends current law relating to the transfer of the assets of and the dissolution of the Fort Bend County Water Control and Improvement District No. 1.

 

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.  Defines, in this Act, "board," "city," and "district."

 

SECTION 2.  TRANSFER OF ASSETS.  (a) Requires the Fort Bend County Water Control and Improvement District No. 1 (district), on the effective date of this Act, to transfer the assets, debts, and contractual rights and obligations of the district to the City of Sugar Land (city) and provide notices and make recordings of the transfer required by the Water Code and general law.

 

(b) Provides that the transfer described by Subsection (a) of this section is subject to the passage by the city's city council of a resolution accepting the transfer and relieving the district of its contractual obligation to provide water to the city.

 

(c) Provides that on the date of the dissolution of the district, ownership of Certificate of Adjudication No. 11-5170, including any attachments to the certificate, transfers to the city.

 

SECTION 3.  DISSOLUTION.  (a)  Requires the district's board of directors (board), not later than the 30th day after the effective date of the city's resolution accepting the transfer under this Act, to commence dissolution proceedings of the district.

 

(b) Requires the board to notify the Texas Commission on Environmental Quality (TCEQ) of the dissolution of the district and the transfer of Certificate of Adjudication No. 11-5170 to the city.

 

(c) Requires TCEQ, on receipt of notice under Subsection (b) of this section, to note in its records that Certificate of Adjudication No. 11-5170 is owned by the city.  Requires TCEQ, as a ministerial act, to transfer the certificate to the city without further application, notice, or hearing.  Provides that a person, party, or entity does not have any right of protest, objection, or administrative review of the transfer prescribed by this Act.

 

(d) Provides that the transfer of Certificate of Adjudication No. 11-5170 to the city does not affect or impair the priority, extent, validity, or purpose of the certificate.

 

SECTION 4.  EXPIRATION OF ACT.  Provides that this Act expires September 1, 2013.

 

SECTION 5.  EFFECTIVE DATE.  Effective date: upon passage or September 1, 2011.