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).