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.