HBA-NLM H.B. 2648 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2648
By: Madden
Land & Resource Management
3/23/1999
Introduced



BACKGROUND AND PURPOSE 

In enacting statutes under the authority of Article XVI, Section 59
(Conservation and Development of Natural Resources; Conservation and
Reclamation Districts), Texas Constitution, the legislature has
incorporated provisions for the notice and consent of cities during the
creation of water districts. However, some districts may not have complied
with the notice and consent requirements in exercising their annexation
authority. 

H.B. 2648 recognizes the jurisdiction of a city within its corporate
boundaries and clarifies the existing requirement that the consent of a
city is required before any land within the corporate boundaries of the
city can be included in a district, whether by creation of a new district
or by annexation by an existing district. This bill also prohibits any land
within the extraterritorial jurisdiction of a city from being annexed by a
district and provides an exception for existing districts that were
lawfully within the extraterritorial jurisdiction of a city as of January
1, 1999. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 49, Water Code, by adding Section
49.012, as follows: 

Sec. 49.012.  CONSENT OF CITY.  Prohibits any land within the corporate
limits of a city from being included in a district without the written
consent, by ordinance or resolution, of the city, notwithstanding any other
provision provided by law.  Requires the provisions of this section to
apply whether the land is proposed to be included in the district at the
time of creation of a district or to be included by annexation to a
district. 

SECTION 2.  Amends Section 49.301(a), Water Code, to prohibit any land
within the corporate limits of a city from being annexed by a district
unless the city grants its written consent, by resolution or ordinance, to
the inclusion of the land within the district.  Prohibits any land within
the extraterritorial jurisdiction of a city from being annexed by a
district except in accordance with Section 42.042 (Creation of Political
Subdivision to Supply Water or Sewer Services, Roadways, or Drainage
Facilities in Extraterritorial Jurisdiction), Local Government Code. 

SECTION 3. Amends Section 49.302(a), Water Code, to make a conforming
change. 

SECTION 4.  Amends Sections 42.042(a), (b), (c), (d), and (f), Local
Government Code, as follows: 

(a)  Requires the provisions of this section to apply whether the land is
proposed to be included in the political subdivision at the time of
creation of the political subdivision or to be included by annexation to a
political subdivision; provided, however, that this section shall not apply
to an annexation by a political subdivision that is lawfully within the
extraterritorial jurisdiction of the municipality as of January 1, 1999. 

(b)  Provides for the possible failure of the governing body to give
consent for the inclusion  of the land in a political subdivision as
described by the existing provisions of this subsection. 

(c) Makes a conforming change.

(d) Makes a conforming change.

(f) Makes a conforming change and nonsubstantive change.

SECTION 5.  Emergency clause.
  Effective date: upon passage.