HBA-LJP S.B. 1629 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1629 By: Wentworth Natural Resources 4/22/2001 Committee Report (Amended) BACKGROUND AND PURPOSE Currently, developers are planning the development of a Professional Golfers Association golf course for instructional and recreational purposes, a resort hotel, and limited commercial and residential development in Bexar County. The Texas Constitution authorizes the creation of water control and improvement districts to supply and store water for use, operate sanitary wastewater systems, and provide irrigation, drainage, and water quality services. These districts may also be granted the authority to tax, issue bonds, and use the power of eminent domain that may be needed to regulate a golf course. Senate Bill 1629 creates the Cibolo Canyon Conservation and Improvement District No.1 in Bexar County. 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 Senate Bill 1629 creates the Cibolo Canyon Conservation and Improvement District No. 1 (district) in Bexar County, subject to voter approval at a confirmation election (SECTION 1). The bill sets forth the boundaries of the district (SECTION 3). The bill provides that the district is governed by a board of five directors (board) and sets forth provisions regarding the election, qualifications, and terms of the directors, as well as the names of the five temporary directors. The bill prohibits the confirmation election from being held until a development agreement has been approved by the city (SECTIONS 7-10). The bill sets forth the general powers of the district and authorizes the district to impose ad valorem taxes, hotel occupancy taxes, sales and use taxes, assessments, and impact fees (SECTION 6). The bill sets forth specific powers and limitations of the district including the authority to borrow money, add or exclude territory, and regulate the private use of public areas. Only the rights, powers, privileges, authority, functions, and duties of the district with respect to the retail provision of water or sewer services are subject to supervision of the state to be exercised by and through the Texas Natural Resource Conservation Commission. The bill authorizes the district to exercise the power of eminent domain (SECTION 11). The bill authorizes the district to contract with a political subdivision, corporation or other person to accomplish the purposes of the district (SECTION 12). The bill sets forth provisions regarding the authorization of the district to include, exclude, or divide land under the terms and conditions of a development agreement (SECTION 14). The bill sets forth provisions regarding the authorization of a city to annex all of the territory in the district at one time under the conditions specified in the development agreement (SECTION 15). 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 removes the authority of the Cibolo Canyon Conservation and Improvement District No. 1 (district) to exercise the power of eminent domain within three miles of the boundaries of the district. Committee Amendment No. 2 removes the subjection of a development agreement between the district and the city to certain provisions regarding the annexation of an area by a municipality, including arbitration and mediation notices, service level requirements, and the continuation of land use after annexation.