HBA-SEB S.B. 1822 76(R) BILL ANALYSIS
Office of House Bill AnalysisS.B. 1822
By: Fraser
Natural Resources
5/5/1999
Engrossed
BACKGROUND AND PURPOSE
Water control and improvement districts are districts created under the
Texas Constitution to supply water and wastewater service, control
stormwater, irrigate land, provide parks and recreational facilities, and
to accomplish other goals. S.B. 1822 creates the Horseshoe Bay Water
Control and Improvement District No. 1 in Llano and Burnet counties and the
Horseshoe Bay Water Control and Improvement District No. 2 and 3 in Llano
County.
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
Article 1. HORSESHOE BAY WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 1
SECTION 1.01. CREATION. Creates a conservation and reclamation district
in Llano and Burnet counties to be known as the Horseshoe Bay Water Control
and Improvement District No. 1 (district No. 1). Provides that district No.
1 is a governmental agency and a body politic and corporate. Provides that
district No. 1 is created under and is essential to accomplish the purposes
of Section 59, Article XVI, Texas Constitution (Conservation and
Development of Natural Resources; Conservation and Reclamation Districts).
SECTION 1.02. DEFINITIONS. Defines "commission" and district."
SECTION 1.03. BOUNDARIES. Sets forth the boundaries of district No. 1.
SECTION 1.04. FINDINGS RELATING TO BOUNDARIES. Sets forth legislative
findings.
SECTION 1.05. FINDING OF BENEFIT. Sets forth the finding of benefit of
district No. 1.
SECTION 1.06. POWERS. Provides that district No. 1 has all of the rights,
powers, privileges, authority, functions, and duties provided by the
general law of this state, subject to the supervision of this state to be
exercised by and through the Texas Natural Resource Conservation
Commission. Establishes that this article prevails over any provision of
general law that conflicts with this article.
SECTION 1.07. BOARD OF DIRECTORS. Provides that district No. 1 is
governed by a fivemember board of directors (board). Sets forth the terms
of office.
SECTION 1.08. TEMPORARY DIRECTORS. Sets forth the membership of the
temporary board and the process of filling a vacancy on the temporary
board.
SECTION 1.09. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. Requires the
temporary board to call and hold an initial election to confirm
establishment of district No. 1 and to elect five initial directors.
SECTION 1.10. ELECTION OF DIRECTORS. Sets forth the dates of the
election of directors.
SECTION 1.11. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT. Prohibits a
municipality from adopting an ordinance or resolution that impairs or
limits the ability of district No. 1 to carry out its functions if district
No. 1 is in the municipality's extraterritorial jurisdiction.
SECTION 1.12. ANNEXATION. Sets forth provisions for the annexation of
district No. 1 by a municipality.
SECTION 1.13. REIMBURSEMENT TO LANDOWNER OR DEVELOPER; INSTALLATION OF
FACILITIES. Requires an annexing municipality to reimburse a landowner or
developer for installation of facilities in certain instances.
ARTICLE 2. HORSESHOE BAY WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 2
SECTION 2.01. CREATION. Creates a conservation and reclamation district in
Llano County to be known as the Horseshoe Bay Water Control and Improvement
District No. 2 (district No. 2). Provides that district No. 2 is a
governmental agency and a body politic and corporate. Provides that
district No. 2 is created under and is essential to accomplish the purposes
of Section 59, Article XVI, Texas Constitution.
SECTION 2.02. DEFINITIONS. Defines "commission" and "district."
SECTION 2.03. BOUNDARIES. Sets forth the boundaries of district No. 2.
SECTION 2.04. FINDINGS RELATING TO BOUNDARIES. Sets forth legislative
findings.
SECTION 2.05. FINDING OF BENEFIT. Sets forth the finding of benefit.
SECTION 2.06. POWERS. Sets forth the powers of district No. 2.
SECTION 2.07. BOARD OF DIRECTORS. Establishes a five-member board for
district No. 2 and the terms of office.
SECTION 2.08. TEMPORARY DIRECTORS. Sets forth the membership of the
temporary board and the process of filling a vacancy on the temporary
board.
SECTION 2.09. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. Requires the
temporary board to call and hold an initial election to confirm
establishment of district No. 2 and to elect five initial directors.
SECTION 2.10. ELECTION OF DIRECTORS. Sets forth the dates of the election
of directors.
SECTION 2.11. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT. Prohibits a
municipality from adopting an ordinance or resolution that impairs or
limits the ability of district No. 2 to carry out its functions if district
No. 2 is in the municipality's extraterritorial jurisdiction.
SECTION 2.12. ANNEXATION. Sets forth provisions for the annexation of
district No. 2 by a municipality.
SECTION 2.13. REIMBURSEMENT TO LANDOWNER OR DEVELOPER; INSTALLATION OF
FACILITIES. Requires an annexing municipality to reimburse a landowner or
developer for installation of facilities in certain instances.
ARTICLE 3. HORSESHOE BAY WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 3
SECTION 3.01. CREATION. Creates a conservation and reclamation district in
Llano County to be known as the Horseshoe Bay Water Control and
Improvement District No. 3 (district No. 3). 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, Article XVI, Texas Constitution.
SECTION 3.02. DEFINITIONS. Defines "commission" and "district."
SECTION 3.03. BOUNDARIES. Sets forth the boundaries of district No. 3.
SECTION 3.04. FINDINGS RELATING TO BOUNDARIES. Sets forth legislative
findings.
SECTION 3.05. FINDING OF BENEFIT. Sets forth the finding of benefit.
SECTION 3.06. POWERS. Sets forth the powers of district No. 3.
SECTION 3.07. BOARD OF DIRECTORS. Establishes a five-member board for
district No. 3 and the terms of office.
SECTION 3.08. TEMPORARY DIRECTORS. Sets forth the membership of the
temporary board and the process of filling a vacancy on the temporary
board.
SECTION 3.09. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. Requires the
temporary board to call and hold an initial election to confirm
establishment of district No. 3 and to elect five initial directors.
SECTION 3.10. ELECTION OF DIRECTORS. Sets forth the dates of the election
of directors.
SECTION 3.11. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT. Prohibits a
municipality from adopting an ordinance or resolution that impairs or
limits the ability of district No. 3 to carry out its functions if district
No. 3 is in the municipality's extraterritorial jurisdiction
SECTION 3.12. ANNEXATION. Sets forth provisions for the annexation of
district No. 3 by a municipality.
SECTION 3.13. REIMBURSEMENT TO LANDOWNER OR DEVELOPER; INSTALLATION OF
FACILITIES. Requires an annexing municipality to reimburse a landowner or
developer for installation of facilities in certain instances.
ARTICLE 4. FINDINGS RELATED TO
PROCEDURAL REQUIREMENTS; EMERGENCY
SECTION 4.01. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. Sets forth
legislative findings relating to procedural requirements.
SECTION 4.02. EMERGENCY.Emergency clause.
Effective date: upon passage.