BILL ANALYSIS

H.B. 3893

By: Toth

Natural Resources

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The Montgomery County Municipal Utility District No. 104 was created by a recent act of the legislature, but interested parties note the need to repeal a certain provision providing for the dissolution of the district if the creation of the district is not confirmed by a certain deadline.  H.B. 3893 seeks to address this issue.

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. 3893 amends the Special District Local Laws Code to establish that the temporary directors of the Montgomery County Municipal Utility District No. 104 serve until September 1, 2013, 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 earlier of the date initial directors are elected or the fourth anniversary of the date of the appointment or reappointment.  The bill, if successor temporary directors are required to be appointed or reappointed, authorizes the owner or owners of a majority of the assessed value of the real property in the district 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 and requires TCEQ to do so.

H.B. 3893 repeals provisions dissolving the district September 1, 2015, if the creation of the district is not confirmed at a confirmation election before such date.  The bill repeals a provision setting temporary provisions relating to the district to expire September 1, 2015.

H.B. 3893 repeals Sections 8244.003 and 8244.025, Special District Local Laws Code.

EFFECTIVE DATE

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