BILL ANALYSIS

 

 

Senate Research Center

H.B. 2105

83R20838 JTS-F

By: Lucio III (Lucio)

 

Natural Resources

 

5/2/2013

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Resacas are remnant channels of the Rio Grande unique to the area of Cameron County. These resacas reportedly aid in flood control, water storage, and agriculture water delivery and add an aesthetic character to the City of Brownsville. Interested parties observe that current law grants municipalities the authority to manage property with respect to utility systems, parks, and swimming pools, but that authority does not explicitly apply to resacas. The parties additionally note that although management and control of a utility system may be vested in a board of trustees as an alternative to the municipality's governing body, current law authorizes only municipalities to charge for services provided by a utility system. H.B. 2105 seeks to address these issues by giving the board of trustees of certain utility systems the authority to collect certain charges for utility services and by including resacas within a municipality's authority to manage property for utility systems, parks, and swimming pools.

 

H.B. 2105 amends current law relating to municipally owned utility systems authorizes the imposition of fees by a utility board of trustees.

 

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 1502.002(a), Government Code, to authorize a municipality to acquire, purchase, construct, improve, enlarge, equip, operate, or maintain any property, including channels or bodies of water known as resacas, interests in property, buildings, structures, activities, services, operations, or other facilities, with respect to a utility system, a park, or a swimming pool.

 

SECTION 2. Amends Section 1502.057, Government Code, by adding Subsection (c) to authorize the board of trustees having management and control of a utility system located in a county contiguous to the Gulf of Mexico and bordering the United Mexican States to impose and collect the charges authorized under this section for services provided by the utility system.

 

SECTION 3. Effective date: upon passage or September 1, 2013.