BILL ANALYSIS

H.B. 3873

By: Zerwas

Natural Resources

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The Fort Bend County Municipal Utility District No. 194, created several years ago, is currently authorized to undertake certain road projects.  Interested parties note that the district's board of directors has identified additional road improvements that are needed to serve future development of property within the district.  H.B. 3873 seeks to address this issue by modifying the district's road powers.

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. 3873 amends the Special District Local Laws Code to authorize Fort Bend County Municipal Utility District No. 194 to undertake certain road projects without having to follow the procedure set out in Water Code provisions regarding district acquisition of road powers and removes a provision authorizing the district to exercise its powers regarding road projects without submitting a petition to or obtaining approval from the Texas Commission on Environmental Quality in accordance with those Water Code provisions.  The bill authorizes the district to operate and maintain its roads, in addition to its other authorized actions.

H.B. 3873 requires a district road project to meet all applicable construction standards, zoning and subdivision requirements, and regulations of each municipality in whose corporate limits or extraterritorial jurisdiction the road project is located. The bill requires the road project, if it is not located in the corporate limits or extraterritorial jurisdiction of a municipality, to meet all applicable construction standards, subdivision requirements, and regulations of each county in which the road project is located, and requires the Texas Transportation Commission, if the state will maintain and operate the road, to approve the plans and specifications of the road project. The bill repeals provisions made redundant by the bill regarding the approval of district road projects.

H.B. 3873 establishes that Fort Bend County Municipal Utility District No. 194 retains all rights, powers, privileges, authority, duties, and functions that it had before the bill's effective date. The bill provides for the validation and confirmation of certain district actions and proceedings taken before the bill's effective date.

H.B. 3873 repeals Section 8317.054, Special District Local Laws Code. 

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2013.