BILL ANALYSIS

S.B. 1823

By: Hegar

Natural Resources

Committee Report (Unamended)

BACKGROUND AND PURPOSE

This bill authorizes the Fort Bend County Municipal Utility District No. 134 to design, acquire, construct, finance, improve, operate, and maintain certain roads, turnpikes, and improvements. The bill also provides for the division of the district.

S.B. 1823 amends current law relating to the administration, powers, and duties of the Fort Bend Municipal Utility District No. 134.

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

SECTION 1. Amends Section 2.01(a), Chapter 1342, Acts of the 77th Legislature, Regular Session, 2001, to delete existing text providing that the Fort Bend County Municipal Utility District No. 134 (district) is governed by a board of five directors elected as provided by Section 2.04.

SECTION 2. Amends Section 3.015(a), Chapter 1342, Acts of the 77th Legislature, Regular Session, 2001, to authorize the district to construct, acquire, improve, maintain, or operate macadamized, graveled, or paved roads or turnpikes, or improvements in aid of those roads or turnpikes, including entrance and exit ramps to and from State Highway 99, also known as the Grand Parkway to the extent authorized by Section 52 (Counties, Cities or Other Political Corporations or Subdivisions; Lending Credit; Grants; Bonds), Article III, Texas Constitution. Deletes existing text authorizing the district to take such action in aid of said roads and turnpikes inside the district.

SECTION 3. Amends the heading to Section 7.03, Chapter 1342, Acts of the 77th Legislature, Regular Session, 2001, to read as follows:

SECTION 7.03. LAW GOVERNING DIVIDED DISTRICT; APPOINTMENT AND ELECTION OF DIRECTORS.

SECTION 4. Amends Sections 7.03(a) and (e), Chapter 1342, Acts of the 77th Legislature, Regular Session, 2001, as follows:

(a)  Provides that this chapter applies to any new district created by the division of the district, and provides that a new district has all the powers and duties of the district.

(e)  Requires that members of a successor to the board of directors of a district resulting from a division under this article be elected as provided by Section 49.103 (Terms of Office of Directors), Water Code, rather than as provided by Section 2.04 of this Act. Makes a nonsubstantive change.

SECTION 5. Repeals Sections 2.01(c) (relating to the requirement that initial directors serve until permanent directors are elected), 2.04 (Election of Permanent Directors), 2.05(b) (relating to authorizing the district to adopt bylaws and to compensation for certain directors), 2.10 (Principal Office), 5.05 (Property: Rendition; Valuation; Levy), and 9.02 (Initial Directors Election), Chapter 1342, Acts of the 77th Legislature, Regular Session, 2001.

SECTION 6. Provides that all requirements of the constitution and the laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.

SECTION 7. Provides for the effective date of this Act.

EFFECTIVE DATE

This Act takes effect immediately if this Act receives a vote of two-thirds of all the members of both houses; otherwise, this Act takes effect September 1, 2013.