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.