HBA-NMO S.B. 1855 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1855 By: Bernsen Natural Resources 5/14/1999 Engrossed BACKGROUND AND PURPOSE Currently, the Tarkington Water Supply Corporation (corporation) provides water service to northwest Liberty County. However, the corporation does not provide wastewater service. Converting the corporation to a special utility district would enable it to provide water and wastewater services . S.B. 1855 creates the Tarkington Special Utility District in Liberty County, subject to a confirmation election. 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; LEGISLATIVE DECLARATION. Creates the Tarkington Special Utility District (district), a conservation and reclamation district in Liberty County, subject to a confirmation election. Provides that the district is a governmental agency and a body politic and corporate that is created under 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 finding relating to the district's boundaries. SECTION 5. FINDING OF BENEFIT. Sets forth finding of benefit. SECTION 6. POWERS. Provides that the district has all of the rights, powers, privileges, authority, functions, and duties provided by the general laws of this state applicable to a special utility district. Provides that this Act prevails over any provision of the general law that is in conflict or inconsistent with this Act. Provides the district's rights, powers, privileges, authority, functions, and duties are subject to the continuing right of supervision of the state, to be exercised through the Texas Natural Resource Conservation Commission (TNRCC). SECTION 7. BOARD OF DIRECTORS. Provides that the district is governed by a board of seven directors (board). Sets forth the composition, qualifications, and terms of office of the board members. SECTION 8. TEMPORARY BOARD OF DIRECTORS. Sets forth the composition of the temporary board of directors. Requires the members of the temporary board to elect a new temporary member if a member does not quality. Requires TNRCC to appoint the necessary number of temporary directors if the number of qualified directors is less than four for any reason. SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. Sets forth the procedure for the confirmation and initial directors' election. SECTION 10. ELECTION OF DIRECTORS. Sets forth the procedure for the election of directors. SECTION 11. ADDITIONAL POWERS. Authorizes the district to issue bonds to provide for all improvements and the maintenance of those improvements necessary to achieve the purposes of Section 59, Article XVI, Texas Constitution, and requires the district to provide for the payment of the bonds solely through revenue collected for that purpose as authorized by Chapter 65 (Special Utility Districts), Water Code. Authorizes the district to enter into contracts for certain transactions involving water, waste, and waste treatment, and for the preparation of reports. Authorizes the district to acquire, develop, and use underground or surface water rights. SECTION 12. DISTRICT FACILITIES. Authorizes the district to establish, by rule, standard specifications for certain facilities that are designed or constructed to provide storage, treatment, or transportation of water and treatment, collection, or disposal of solid waste. Requires the board to hold a public hearing on the adoption of standards for facilities of the district. Requires the board to give notice of the hearing to TNRCC and to the Texas Department of Health and to publish the notice in a newspaper with general circulation in the district by a certain date. Authorizes that an appeal for the order be made to a district court of Liberty County, and provides that the substantial evidence rule applies. Authorizes the district to seek injunctive relief against the construction of, addition to, or operation of any facility within the district's jurisdiction if such action does not comply with the district's standard specifications. Requires the district to file the district's standard specifications with TNRCC. Provides that the specifications do not apply within the boundaries or extraterritorial jurisdiction of a municipality unless the governing body of the municipality approves. SECTION 13. CONSTRUCTION AND ACQUISITION OF SYSTEMS. Authorizes the district to acquire any existing water system, sewer system, or water and sewer system that serves all or part of the territory located inside or outside the district's boundaries. Authorizes the district to improve and extend an acquired system or to construct a new system. Provides that construction contracts are governed by the competitive bidding requirement of the Water Code. Authorizes that the contracts for the acquisition of existing water or sewer facilities be made on terms agreed on by the parties. SECTION 14. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. Sets forth finding relating to procedural requirements. SECTION 15.Emergency clause. Effective date: upon passage.