BSM H.B. 1836 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1836
By: Denny
Natural Resources
3/9/2001
Committee Report (Amended)

BACKGROUND AND PURPOSE 

The Upper Trinity Regional Water District (district) was created in 1989 by
the legislature to provide wholesale water and wastewater in to its area.
The district includes Denton County, areas outside of Denton County, and
the city of Irving.  House Bill 1836 clarifies provisions that allow for
the inclusion of new members to the district and provisions regarding the
rulemaking authority 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. 

ANALYSIS

House Bill 1836 amends law to authorize the board of directors of the Upper
Trinity Regional Water District (district) to adopt rules regarding
membership on the board and voting procedures.  The bill also authorizes
the district to adopt and enforce rules under a contract with a county,
municipality, or water district, applicable in areas under the jurisdiction
of that county, municipality, or water district that are relevant to the
supply and quality of water.  The bill sets forth provisions regarding the
rules, notice of the rules, and violations of the rules. 

H.B. 1836 provides that a petition requesting the creation of a subdistrict
must specify the boundaries of the proposed subdistrict in a manner
satisfactory to and approved by the district's executive director and
general counsel. 

H.B. 1836 also prohibits the  district from exercising the power of eminent
domain to acquire any property located in a municipality that appointed a
director who serves on the board or who served on the board on January 1,
2001 without the prior consent of the municipality. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 prohibits the district from exercising the power
of eminent domain to acquire any property located in a municipality located
in whole or in part in the district without the prior consent of the
municipality, except for the purpose of acquiring easements for pipeline
purposes in municipalities that had not appointed a director who serves on
the board or who served on the board on January 1, 2001.  Prior to the
amendment the district was prohibited from using eminent domain to acquire
any property in a municipality that appointed a director who serves on the
board or who served on the board on January 1, 2001 without the prior
consent of the municipality.   

Committee Amendment No. 2 provides that rules adopted under a contract are
not applicable within a municipality that is not a party to the contract or
does not consent to the rules being applicable within the municipality.