HBA-BSM S.B. 835 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 835 By: Nelson Natural Resources 3/30/2001 Engrossed BACKGROUND AND PURPOSE The upper Trinity Regional Water District (district) was created in 1989 by the legislature to provide wholesale water and wastewater in to its area. The district includes Denton County, areas outside of Denton County within the boundaries of any of its member entities, and the city of Irving. Senate Bill 835 clarifies provisions that allow for the inclusion of new members to the district and provisions regarding the rulemaking authority of the 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 835 amends law to authorize the board of directors of the Upper Trinity Regional Water District (district) to adopt rules regarding membership on the board and voting procedures. S.B. 835 prohibits the district from exercising the power of eminent domain to acquire any property located in a municipality located in whole or part in the district without the prior consent of the municipality, except for the purpose of acquiring easements for pipeline purposes in municipalities that had not appointed a director who serves on the board or who served on the board on January 1, 2001. The bill also authorizes the district to adopt and enforce rules under a contract with a county, municipality, or water district, applicable in areas under the jurisdiction of that county, municipality, or water district that are relevant to the water supply and quality of water. The bill provides that rules adopted under a contract are not applicable within a municipality that is not a party to the contract or does not consent to the rules being applicable within the municipality. The bill sets forth provisions regarding the rules, notice of the rules, and violations of the rules. S.B. 835 provides that a petition requesting the creation of a subdistrict must specify the boundaries of the proposed subdistrict in a manner satisfactory to and approved by the district's executive director and general counsel. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.