HBA-RBT C.S.H.B. 3481 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3481
By: King, Tracy
Natural Resources
4/12/1999
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

In 1995, the Bexar-Medina-Atascosa Counties Water Control and Improvement
District No.  1 (district) sought and obtained special legislation to
modify the make-up and election process of its governing board of
directors.  Some of the terms for the board of directors were staggered.  A
map was prepared which listed the areas covered by each precinct for the
election of board of directors. An error was made as to which precincts
were assigned to certain numbers.  C.S.H.B. 3481 provides a technical
correction to the numbering of the precincts, and validates all
governmental acts and proceedings of the district not excepted by this Act. 

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 Section 2, Chapter 544, Acts of the 74th Legislature,
Regular Session, 1995, to renumber precincts of the Bexar-Medina-Atascosa
Counties Water Control and Improvement District No.  1 (district) numbers
one, two, four, and five, to numbers two, one, five, and four,
respectively. 

SECTION 2. Provides that all governmental acts and proceedings of the
district not excepted by this Act are validated as of the dates on which
they occurred.  This validation includes the validation of a governmental
act or proceeding relating to the election of board members for the
district. Provides that this Act does not validate any governmental acts or
proceedings that were void or which under the statutes of this state at the
time the actions or proceedings occurred, were a misdemeanor or felony.
Provides that this Act does not apply to any matter that is involved in
litigation if the litigation ultimately results in the matter being held
invalid by a final judgment of a court of competent jurisdiction or has
been held invalid by a final judgment of a court of competent jurisdiction.

SECTION 3.  Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in SECTION 1 by amending Section 2(c),
Chapter 544, Acts of the 74th Legislature, Regular Session, 1995, to
reinstate a reference to precinct number three and to also refer to
precinct four, rather than five.  Amends Section 2(e) to refer to precinct
five rather than four.  The original changed this reference from four to
three. 

The substitute modifies the original in SECTION 2 by using language
relating to the validation of local government actions in the bill, rather
than amending Chapter 544, Acts of the 74th Legislature, Regular Session,
1995, by adding Section 2A, also relating to validation. 

The substitute modifies the original in SECTION 3 by deleting the proposed
SECTION 3 relating to publication and notice and redesignating proposed
SECTION 4 (emergency clause) as SECTION 3.