HBA-EDN H.B. 3009 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3009
By: McClendon
Ways & Means
4/1/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, counties have the ability to assess taxes for the purpose of
building flood control projects. However, there is no legal authority for
the commissioners court of a county to place before the voters a
proposition that would raise these flood control taxes for use in a
specific project.  House Bill 3009 grants the commissioners court of a
county this authority. 

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 3009 amends the Local Government Code to authorize the
commissioners court of a county to order a referendum on whether flood
control taxes should be increased or decreased, or whether an existing or
proposed flood control project should receive funding.  The bill sets forth
the ballot propositions for such a referendum and provides for the increase
or decrease of a flood control tax according to majority vote.  The bill
prohibits a flood control project for which a majority of the votes cast at
the referendum do not approve funding from receiving funds generated by the
flood control tax.  

EFFECTIVE DATE

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