BILL ANALYSIS

 

 

Senate Research Center

H.B. 4203

84R23473 SGA-F

By: Schofield (Kolkhorst)

 

Administration

 

5/25/2015

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Interested parties note that the Harris County Water Control and Improvement District No. 159 shares a common boundary with another district and would benefit from being able to adjust district boundaries without incurring certain burdens. H.B. 4203 seeks to provide the necessary authorization to facilitate such boundary adjustments.

 

H.B. 4203 amends the Special District Local Laws Code to establish provisions relating to the Harris County Water Control and Improvement District No. 159. The bill, after the district is organized and has obtained voter approval for the issuance of, or has sold, bonds payable wholly or partly from property taxes, authorizes the exclusion of land within the district's boundaries subject to taxation that does not need or use the services of the district and authorizes the inclusion within the district's boundaries of other land previously not within the district's boundaries without impairment of the security for payment of the bonds or invalidation of any prior bond election, as provided by such authorization and certain Water Code provisions regarding municipal utility districts. The bill requires its provisions relating to the substitution of land to be construed to supplement and not to supplant the provisions of general law applicable to the exclusion of land from the district or the inclusion of land within the district.

 

H.B. 4203 amends current law relating to the substitution of land within the boundaries of the Harris County Water Control and Improvement District No. 159 after the approval or issuance of district bonds payable wholly or partly from 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 I, Title 6, Special District Local Laws Code, by adding Chapter 9069, as follows:

 

CHAPTER 9069.  HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 159

 

SUBCHAPTER A. GENERAL PROVISIONS

 

Sec. 9069.001.  DEFINITION. Defines "district" to mean the Harris County Water Control and Improvement District No. 159.

 

Sec. 9069.002.  FINDINGS OF PUBLIC PURPOSE  AND BENEFIT.  (a) Provides that the district is created to serve a public purpose and benefit.

 

(b) Provides that the district is created to accomplish the purposes of a water control and improvement district as provided by general law and Section 59 (Conservation and Development of Natural Resources and Parks and Recreational Faculties; Conservation and Reclamation Districts), Article XVI, Texas Constitution.

 

SUBCHAPTER B. SUBSTITUTION OF LAND

 

Sec. 9069.051.  SUBSTITUTING LAND OF AT LEAST EQUAL VALUE.  Provides that after the district is organized and has obtained voter approval for the issuance of, or has sold, bonds payable wholly or partly from ad valorem taxes, land within the district boundaries subject to taxation that does not need or utilize the services of the district may be excluded and other land not within the boundaries of the district may be included within the boundaries of the district without impairment of the security for payment of the bonds or invalidation of any prior bond election, as provided by this section and Sections 54.740 (Requisites for Application for Exclusion) through 54.747 (Service to Included Land), Water Code.

 

Sec. 9069.052.  CONSTRUCTION OF SUBCHAPTER. Requires that this subchapter be  construed to supplement and not to supplant the provisions of general law applicable to the exclusion of land from the district or the inclusion of land within the district.

 

SECTION 2. 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 3. Effective date: upon passage or September 1, 2015.