HBA-RBT H.B. 3591 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3591
By: Keel
Natural Resources
3/29/1999
Introduced



BACKGROUND AND PURPOSE 

A "defined area" is a specific area within a Water Control and Improvement
District that may be provided enhanced facilities related to development
that are not provided throughout the entire Water Control and Improvement
District.  Landowners may form such a defined area voluntarily in order to
provide such services and may impose a tax to fund such services.
Landowner's outside the defined area do not pay this increased tax since
they continue to rely on septic tanks, water wells, etc. 

A mechanism has been established by the legislature to allow landowners to
voluntarily add land to a defined area in order to bring that land into the
centralized sewer and water system.  That mechanism requires that the land
be within a Water Control and Improvement District and be part of a water
quality protection zone. 

The intermediate courts in Texas have ruled that "water quality protection
zones" are unconstitutional as drafted.  The effect of this ruling on
defined areas is unclear.  Since the current law sets two conditions that
must be met to add land to a defined area if the result of the courts
rulings are to strike down the water quality protection zones it would
appear impossible to meet the second condition allowing land to be added to
a defined area, even though the defined area has no impact on the law is it
relates to water quality. 

H.B. 3591 conforms the statutory language to a court's decision by striking
language requiring land to be included in a water quality protection zone
as a condition that must be met for land to be 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