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