HBA-LJP H.B. 3636 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3636
By: Geren
Natural Resources
6/14/2001
Enrolled



BACKGROUND AND PURPOSE 

Texas faces a difficult challenge to develop water policies that serve both
state and regional interests. The Texas Constitution authorizes the
creation of groundwater conservation districts to plan, develop, and
regulate the use of water.  The Tarrant County Regional Water Control and
Improvement District No. 1 was created to operate the water supply
reservoirs that serve the Fort Worth region.  House Bill 3636 modifies the
name of the Tarrant County Water Control and Improvement District No. 1 to
the Tarrant Regional Water District, and sets forth provisions relating to
the authority of the district and court proceedings involving 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 3636 amends law to modify the name of the Tarrant County Water
Control and Improvement District No. 1 to the Tarrant Regional Water
District (district).  The bill provides for the authorization of the board
of directors of the district (board) to publicly or privately sell the
district's bonds, notes, or other obligations in accordance with applicable
regulations. 

The bill authorizes the district to make and enforce reasonable rules,
permits, orders, and ordinances necessary to accomplish the districts
authorized purposes.  The bill provides that a person who violates a rule,
permit, order, or ordinance of the district commits a Class C misdemeanor,
unless specifically provided for by other law.  The bill sets forth
provisions relating to the notification by a peace officer who arrests or
issues a citation to a person who violates a rule, permit, order, or
ordinance, the required hearing with a justice of a peace of a person who
commits an offense, and civil penalties.  The bill sets forth provisions
for the authorization of a district and a person who is adversely affected
by a rule, permit, order, or ordinance of the district to file suit. 

The bill authorizes the district to cooperate and contract with any person,
this state, any other state, the United States, any district or political
subdivision, and Indian tribes for a supply of water imported from out of
state, the financing, construction, acquisition, extension, or operation
and maintenance of works needed in connection with the importation of
water, the purchase of storage space, or any other consistent purpose.  The
bill provides that these contracts are exempt from provisions relating to
awarded contracts and that provisions relating to the construction,
equipment, materials, and machinery contracts apply to the district, except
when the district is purchasing goods or services under competitive bidding
or proposal provisions. 

The bill authorizes the selling, abandoning, releasing, exchanging, or
transferring of narrow strips of land, or land that because of its shape,
lack of access to public roads, or small area, cannot be logically used by
anyone other than the abutting property owners to such owners under terms
and conditions advantageous to the district and provides that certain
provisions do not apply to the conveyance of the real property. 
 
In a case where a person challenges in court the validity of all or any
portion of this Act and does not prevail, the bill requires the court to
order the person to pay the reasonable attorney's fees, expert witness
fees, and other costs incurred by all opposing parties defending this Act. 

The bill validates all actions and proceedings that annex territory and
redefine boundaries before the effective date of this Act and provides that
the validation does not apply to the annexations and redefinition of
boundaries that are involved in litigation that holds or will hold the
action invalid by a final judgement of a court of competent jurisdiction. 

EFFECTIVE DATE

September 1, 2001.