HBA-SEB S.B. 1282 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1282 By: Wentworth Natural Resources 4/26/1999 Engrossed 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. S.B. 1282 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