BILL ANALYSIS

C.S.H.B. 2202

By: Miller

Natural Resources

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Concerns have been raised regarding ambiguity in the application of certain provisions relating to levee improvement districts and the process for the initial election of district directors. C.S.H.B. 2202 seeks to address this ambiguity by revising provisions relating to the appointment and election of levee improvement district directors.    

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. 2202 amends the Water Code to authorize a commissioners court, in a levee improvement district with a population of 2,000 or more, to increase the total number of directors from three to five. The bill requires the additional appointed members to be registered voters in the district.

C.S.H.B. 2202 requires the initial elected directors, for a levee improvement district which has an elected board, to draw lots to determine which two initial directors serve two-year terms and which three initial directors serve four-year terms.

C.S.H.B. 2202 changes the number of electors required to sign a petition requesting that an election be held in the levee improvement district to determine whether or not directors for the district should be elected from at least 100 electors in the district who are qualified to vote to the greater of that number or at least 10 percent of the total number of electors. The bill removes a specification that such an election also conditionally elect directors to serve until the next regular director election and removes a requirement that the petition include the name of one or more nominees for each director's position. The bill provides for the continued service of current directors until elected directors qualify to take office if the election results in a determination that directors will be elected.

EFFECTIVE DATE

September 1, 2019.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 2202 may differ from the original in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute, for a levee improvement district that has an elected board, does not include the removal of director election by precinct and the requirement that all five directors be elected by the electors of the entire district.