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.