HBA-TBM C.S.S.B. 1773 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1773
By: Bernsen
County Affairs
5/3/2001
Engrossed



BACKGROUND AND PURPOSE 

The Texas Constitution provides for the creation of conservation and
reclamation districts that are authorized to incur indebtedness to provide
for permanent improvements and to levy taxes for the maintenance and
operation of such improvements and for the repayment of indebtedness.  The
Port Bolivar area of Galveston would benefit from the jobs and business
opportunities that would be created by such a district.  Senate Bill 1773
creates the Port Bolivar Improvement 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

Senate Bill 1773 amends the Local Government Code to create the Port
Bolivar Improvement District (district) in election precincts 101, 102,
103, and 104 of Galveston County (Secs. 376.451 and 376.454). The bill
provides that the district is governed by a board of five directors (board)
and sets forth provisions relating to the terms, qualifications,
appointment, election, and administration of the board (Secs.
376.457376.462).  The bill authorizes the district to impose a sales and
use tax and an excise tax if authorized at an election and sets forth
provisions relating to the taxes (Secs. 376.464 and 376.469-376.475).  The
bill sets forth the general and specific powers of the district, including
specific powers relating to improvements. The bill authorizes the district
to borrow money, add or exclude territory, contract with a person to
accomplish the district's purposes, contract with a person to receive a
gift or loan, establish and collect fees, undertake improvement projects,
issue bonds, and lease, acquire, or construct a building or facility. The
bill authorizes the district to adopt rules for the administration and
operation of the district.  The bill prohibits the district from employing
peace officers or imposing an ad valorem property tax (Secs. 376.463,
376.464, 376.465, 376.477, and 376.478).  The bill prohibits the district
from exercising the power of eminent domain (Sec. 376.467).  The bill sets
forth provisions relating to the dissolution of the district (Secs.
376.479-376.481). 

EFFECTIVE DATE

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