HBA-TYH H.B. 952 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 952 By: Bosse Natural Resources 5/25/1999 Enrolled BACKGROUND AND PURPOSE Spring Meadows Municipal Utility District (district) will encompass an area of land outside of the corporate limits but within the extraterritorial jurisdiction of the City of Baytown. The land to be located within the district will be developed into single family residential and commercial developments, and therefore water, sewer, and drainage services need to be secured. Because the land is not located within the city limits of Baytown, it is necessary to create the municipal utility district under Chapters 49 (Provisions Applicable to All Districts) and 54 (Municipal Utility Districts), Water Code, in order to purchase, acquire, or construct facilities for such services to serve the future occupants of the land. H.B. 952 provides regulations regarding the creation, administration, powers, duties, operation, and financing of the district. 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. CREATION. Provides that a conservation and reclamation district, to be known as the Spring Meadows Municipal Utility District (district), is created in Harris County, subject to approval at a confirmation election under SECTION 9 of this Act. Provides that the district is a governmental agency and a body politic and corporate. Provides that the district is created under and is essential to accomplish the purposes of Section 59 (Conservation and Development of Natural Resources; Conservation and Reclamation Districts), Article XVI, Texas Constitution. SECTION 2. DEFINITION. Defines "district." SECTION 3. BOUNDARIES. Sets forth the boundaries of the district. SECTION 4. FINDINGS RELATING TO BOUNDARIES. Sets forth legislative findings relating to the boundaries of the district. SECTION 5. FINDING OF BENEFIT. Provides that all of the land and other property included within the boundaries of the district will be benefited by the works and projects that are to be accomplished by the district under powers conferred by Section 59, Article XVI, Texas Constitution. Provides that the district is created to serve a public use and benefit. SECTION 6. POWERS. Provides that the district has all of the rights, powers, privileges, authority, functions, and duties provided under general law of this state, including Chapters 49 and 54, Water Code, applicable to municipal utility districts created under Section 59, Article XVI, Texas Constitution. Provides that this Act prevails over any provision of general law that is conflicting or inconsistent with this Act. Subjects the powers of the district to the continuing right of supervision of the state to be exercised by and through the Texas Natural Resource Conservation Commission (TNRCC). SECTION 7. BOARD OF DIRECTORS. Provides that the district is composed of a five-member board of directors. Provides that temporary directors serve until initial directors are elected under SECTION 9 of this Act. Provides that initial directors serve until permanent directors are elected under SECTION 10 of this Act. Provides that permanent directors serve staggered four-year terms. Provides that each director must qualify to serve as director in the manner provided by Section 49.055 (Sworn Statement, Bond, and Oath of Office), Water Code. Provides that a director serves until the successor has qualified. SECTION 8. TEMPORARY DIRECTORS. Sets forth the composition of the temporary board of directors, including Frank Cope, Riley Verdine, Trent Slovak, and two unnamed individuals. SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. Requires the temporary board to call and hold an election to confirm establishment of the district and elect five initial directors. Provides that Section 41.001(a) (Uniform Election Dates), Election Code, does not apply to the confirmation election. SECTION 10. ELECTION OF DIRECTORS. Sets forth the election dates and term requirements of the directors, providing for staggered terms. Provides for postponement of elections if the election is within 60 days of the confirmation election or there is not sufficient time to comply with the law requirements. Sets out the dates on which subsequent elections will be held. SECTION 11. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. (a) Provides that the proper and legal notice setting forth the substance of this Act has been published as provided by law. Provides that a notice of a copy of this Act has been furnished to the required persons, agencies, officials, or entities according to the constitution and other laws of this state. (b) Provides that the TNRCC has filed its recommendations relating to this Act with the governor, lieutenant governor, and the speaker of the house of representatives within the required time. (c) Provides that all requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished. SECTION 12. Emergency clause. Effective date: upon passage.