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.