AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

S.B. 1915 creates a special district to be named the Comal County Water Improvement District No. 3 (district). The district will be a municipal utility district governed by Chapters 49 (Provisions Applicable to All Districts) and 54 (Municipal Utility Districts) of the Water Code. The purpose of the district is to finance the water, wastewater, drainage, and road improvements and facilities required for development of the property within the district. It will include two non-contiguous tracts of property: a 1253-acre tract of land located on the east side of IH-35, and a 731-acre tract of land located on the west side of IH-35. All property within the district is owned by the Permanent School Fund of the State of Texas.  The General Land Office manages the lands on behalf of the Permanent School Fund. All lands within the proposed district are located within the extraterritorial jurisdiction of the City of New Braunfels. The legislation requires the owner of the lands within the district, and the district, to enter into a development agreement with the City of New Braunfels that will include detailed requirements for development of the project.

 

As proposed, S.B. 1915 amends current law relating to the creation of the Comal County Water Improvement District No. 3, grants a limited power of eminent domain, provides authority to issue bonds, and provides authority to impose assessments, fees, or taxes.

 

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 Subtitle F, Title 6, Special District Local Laws Code, by adding Chapter 8489, as follows:

 

CHAPTER 8489.  COMAL COUNTY WATER IMPROVEMENT DISTRICT NO. 3

 

Sets forth standard language for the creation of the Comal County Water Improvement District No. 3 (district) in Comal County.  Sets forth standards, procedures, requirements, and criteria for:

 

Creation, purpose, and approval of the district (Sections 8489.001-8489.006);

 

Size, composition, election, and terms of the board of directors, including the appointment of temporary directors (Sections 8489.051-8489.052);

 

Powers and duties of the district (Sections 8489.101-8489.110); and

 

General financial provisions and authority to impose a tax and to issue bonds and obligations for the district (Sections 8489.151-8489.203).

 

SECTION 2.  Sets forth the initial boundaries of the district.

 

SECTION 3.  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 4.  (a)  Provides that if this Act does not receive a two-thirds vote of all the members elected to each house, Subchapter C, Chapter 8489, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 8489.111, as follows:

 

Sec. 8489.111.  NO EMINENT DOMAIN POWER.  Prohibits the district from exercising the power of eminent domain.

 

(b)  Provides that this section is not intended to be an expression of a legislative interpretation of the requirements of Section 17(c) (relating to authorizing eminent domain only on a two-thirds vote of all members elected to each house), Article I, Texas Constitution.

 

SECTION 5.  Effective date: upon passage or September 1, 2013.