HBA-NMO, RBT H.B. 3591 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 3591 By: Keel Natural Resources 37/22/1999 Enrolled BACKGROUND AND PURPOSE A "defined area" is a specific area within a Water Control and Improvement District (district) where the district may provide enhanced facilities related to development that it does not provide throughout the entire district. Landowners may form a defined area voluntarily and the district may impose a tax on those landowners to provide enhanced facilities. The Texas Legislature established a mechanism to allow landowners to voluntarily add land to a defined area. The mechanism required that the land be both within a district and part of a water quality protection zone. The intermediate courts in Texas have ruled that "water quality protection zones" are unconstitutional as drafted. Prior to the 76th Legislature, the effect of this ruling on defined areas may have been unclear. H.B. 3591 conforms the statutory language to the court's decision by striking language that requires land be included in a water quality protection zone before being added to a defined area. 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 51.534, Water Code, as follows: Sec. 51.534. New title: ADDITION OF LAND TO DEFINED AREA. Deletes language providing that land must be subject to a water quality plan when adding the land to a defined area. Effective date: 90 days after adjournment