HBA-TBM C.S.S.B. 1773 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 1773 By: Bernsen County Affairs 5/11/2001 Committee Report (Substituted) 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. C.S.S.B. 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 C.S.S.B. 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 provides for an election to confirm the creation of the district and prohibits the board from holding more than three confirmation elections (Sec. 376.458). 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 376.470-376.476). 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. The bill prohibits the district from undertaking a project seaward of the line of vegetation on a public beach and authorizes the district to provide district money for a state or local government project for the protection of the shore or for any other lawful purpose (Secs. 376.463376.466, 376.478, and 376.479). The bill prohibits the district from exercising the power of eminent domain (Sec. 376.468). The bill sets forth provisions relating to the dissolution of the district (Secs. 376.480-376.482). The bill provides that these provisions expire January 1, 2003 unless before that date the district is confirmed at a confirmation election (SECTION 3). EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 1773 differs from the original to prohibit the board of directors (board) of the Port Bolivar Improvement District (district) from holding more than three confirmation elections (Sec. 376.458). The substitute requires a resident of the district to be a qualified voter to qualify as a director of the board (Sec. 376.462). The substitute prohibits the district from undertaking an improvement project or providing a service unless the district uses a method approved by the General Land Office, the attorney general, or any other governmental entity with the authority to regulate the improvement project or service (Sec. 376.465). The substitute prohibits the district from undertaking a project seaward of the line of vegetation on a public beach and authorizes the district to provide district money for a state or local government project, including a county project, that complies with provisions concerning the authority of governmental entities over public beaches for the protection of the shore or any other lawful purpose (Sec. 376.466). The substitute provides that these provisions expire January 1, 2003 unless before that date the district is confirmed at a confirmation election (SECTION 3).