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.