HBA-RBT C.S.H.B. 3802 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3802
By: Hilbert
Natural Resources
4/9/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Northwest Harris County is facing subsidence penalties if is no long-range
plan for conversion to surface water is in place prior to the year 2003.
The effective date of such penalties may be moved up to 2001.  Water
districts will be forced to contract for surface water or pay the
penalties.  The legislature may not meet again prior to the time any
contractual process is begun.  C.S.H.B. 3802 puts procedures in place for
long-term contracts by a water district with a population of 2.8 million or
more. 

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter D, Chapter 49, Water Code, by adding Section
49.1085, as follows: 

Sec.  49.1085.  CONTRACT ELECTIONS IN COUNTY WITH POPULATION GREATER THAN
2.8 MILLION.  (a) Provides that this section applies only to a district
located entirely in a county with a population of 2.8 million or more.   

(b) Prohibits an applicable district from entering into any contract for a
term that will exceed three years for the purpose of obtaining surface
water for use or sale in the district, before obtaining the approval of the
Texas Natural Resources Conservation Commission (commission) in the same
manner as a contract subject to Section 49.181 (Authority of Commission
Over Issuance of District Bonds), Water Code and the contract is approved
in an election in the manner provided by Sections 49.108(b) and (c)
(Contract Elections), Water Code. 

(c) Provides that Section 49.182 (Commission Supervision of Projects and
Improvements), Water Code, applies to a contract to which Subsection (b)
applies. 

(d) Requires the books and records of all parties to a contract to which
Subsection (b) applies to be made available for inspection by the
commission and by a district with which the party has contracted as
necessary for the commission to perform its duties under this section and
for the district to comply with Subchapter G (Audit of Districts), Water
Code. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in SECTION 1 by inserting a complete
statutory reference with respect to the approval of a contract in an
election, and by making nonsubstantive modifications to the language of the
bill.