BILL ANALYSIS

C.S.H.B. 3219

By: Biedermann

Special Purpose Districts

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Interested parties note the need to codify and amend the powers and duties of the Meyer Ranch Municipal Utility District of Comal County in order to help the district better serve its local community. C.S.H.B. 3219 seeks to achieve this goal.

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

C.S.H.B. 3219 amends the Special District Local Laws Code to establish provisions relating to the Meyer Ranch Municipal Utility District of Comal County. The bill grants the district the power to undertake certain road projects, provides for a limitation on the district's power of eminent domain, and provides for compliance with a specified settlement agreement. The bill authorizes the district, subject to certain requirements, to issue obligations and impose a property tax.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2017.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 3219 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

INTRODUCED	HOUSE COMMITTEE SUBSTITUTE
SECTION 1.  Subtitle F, Title 6, Special District Local Laws Code, is amended by adding Chapter 7989 to read as follows: CHAPTER 7989. MEYER RANCH MUNICIPAL UTILITY DISTRICT OF COMAL COUNTY SUBCHAPTER A.  GENERAL PROVISIONS SUBCHAPTER B.  POWERS AND DUTIES Sec. 7989.051.  GENERAL POWERS AND DUTIES.  Sec. 7989.052.  MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES.  Sec. 7989.053.  AUTHORITY FOR ROAD PROJECTS.  Sec. 7989.054.  ROAD STANDARDS AND REQUIREMENTS.   Sec. 7989.055.  LIMITATION ON USE OF EMINENT DOMAIN.  The district may not exercise the power of eminent domain outside the boundaries of the district for any purpose unless the proposed exercise is approved by a written resolution of the commissioners court of each county in which the district is located. Sec. 7989.056.  COMPLIANCE WITH MARCH 2016 AGREEMENT.  SUBCHAPTER C.  BONDS AND OTHER OBLIGATIONS	SECTION 1.  Subtitle F, Title 6, Special District Local Laws Code, is amended by adding Chapter 7989 to read as follows: CHAPTER 7989. MEYER RANCH MUNICIPAL UTILITY DISTRICT OF COMAL COUNTY SUBCHAPTER A.  GENERAL PROVISIONS SUBCHAPTER B.  POWERS AND DUTIES Sec. 7989.051.  GENERAL POWERS AND DUTIES.  Sec. 7989.052.  MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES.  Sec. 7989.053.  AUTHORITY FOR ROAD PROJECTS.  Sec. 7989.054.  ROAD STANDARDS AND REQUIREMENTS.   Sec. 7989.055.  LIMITATION ON USE OF EMINENT DOMAIN.  (a)  The district may not exercise the power of eminent domain outside the boundaries of the district for any purpose unless the proposed exercise is approved by a written resolution of the commissioners court of each county in which the district is located. (b)  The district may not exercise the power of eminent domain before the entire board of directors is composed of directors elected by the residents of the district. Sec. 7989.056.  COMPLIANCE WITH MARCH 2016 AGREEMENT.  SUBCHAPTER C.  BONDS AND OTHER OBLIGATIONS
SECTION 2.  (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code. (b)  The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality. (c)  The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time. (d)  All requirements of the constitution and 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 2. Same as introduced version.
SECTION 3.  (a)  If this Act does not receive a two-thirds vote of all the members elected to each house, Subchapter C, Chapter 7989, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 7989.104 to read as follows: Sec. 7989.104.  NO EMINENT DOMAIN POWER.  The district may not exercise the power of eminent domain. (b)  This section is not intended to be an expression of a legislative interpretation of the requirements of Section 17(c), Article I, Texas Constitution.	No equivalent provision.
SECTION 4.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.  If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2017.	SECTION 3. Same as introduced version.