BILL ANALYSIS

S.B. 2075

By: Campbell

Special Purpose Districts

Committee Report (Unamended)

BACKGROUND AND PURPOSE

S.B. 2075 amends the Needmore Ranch Municipal Utility District No.1 (district). The bill removes the restriction placed on the district’s use of local water. S.B. 2075 limits all uses of eminent domain, and further limits the district’s ability to annex land. All changes are contingent upon the Barton Springs-Edwards Aquifer Conservation District including the territory of the district.

S.B. 2075 amends current law relating to the annexation and eminent domain powers of and the development of certain wastewater projects by the Needmore Ranch Municipal Utility District No. 1.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

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 Sections 8471.104 and 8471.105, Special District Local Laws Code, as follows:

Sec. 8471.104. New heading: NO EMINENT DOMAIN POWER. Deletes designation as Subsection (a). Prohibits the Needmore Ranch Municipal Utility District No. 1 (district) from exercising the power of eminent domain. Deletes existing text prohibiting the district from exercising the power of eminent domain except for the purpose of importing surface water or nonlocal groundwater into the district.

Deletes Subsection (b) providing that, for purposes of this section, nonlocal groundwater includes only groundwater that is withdrawn from a source outside the Edwards Aquifer and the Trinity Aquifer.

Sec. 8471.105.  LIMITATION ON ANNEXATION.  Prohibits the district from adding land by petition of less than all the landowners under Section 49.302 (Adding Land by Petition of Less Than All the Landowners), Water Code. Deletes existing text prohibiting the district from adding land by petition of less than all the landowners under Section 49.302, Water Code, unless the petition required under that section is signed by the owners of a two-thirds majority of the assessed value of the land in the defined area described by the petition.

SECTION 2. Repealer: Section 8471.103(c) (requiring the district, if a residential subdivision or planned community is developed in the district, to import water to provide for the needs of that development), Special District Local Laws Code.

SECTION 3. Provides for the effective date of this Act.

EFFECTIVE DATE

This Act takes effect on September 1, 2105, contingent upon passage of H.B. 3405, S.B. 1440, or similar legislation of the 84th Legislature, Regular Session, 2015, that enlarges the territory of the Barton Springs-Edwards Aquifer Conservation District to include the territory of the Needmore Ranch Municipal Utility District No. 1.