HBA-BSM, MSH H.B. 1455 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1455 By: Shields Natural Resources 3/30/2001 Introduced BACKGROUND AND PURPOSE Conservation and Improvement Districts are created by the authority provided by the Texas Constitution. These districts may be granted authority to tax, issue bonds, and use the power of eminent domain. House Bill 1455 creates the Cibolo Canyon Conservation and Improvement District No.1 in Bexar County. 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 House Bill 1455 amends law to create the Cibolo Canyon Conservation and Improvement District No. 1 (district) in Bexar County, subject to voter approval at a confirmation election (SECTION 1). The bill provides that the district is governed by a board of five directors (board) and sets forth provisions regarding the election, qualifications, and terms of the directors, as well as the names of the five temporary directors (SECTIONS 7, 8, 9, and 10). The bill sets forth the general powers of the district and authorizes the district to impose ad valorem taxes, hotel occupancy taxes, sales and use taxes, assessments, and impact fees upon approval by the voters of the district (SECTIONS 6 and 16). The bill sets forth specific powers and limitations of the district including the authority to borrow money, add or exclude territory, and regulate the private use of public areas (SECTION 11). The bill authorizes the district to contract with a political subdivision, corporation or other person to accomplish the purposes of the district (SECTION 12). The bill prohibits a municipality in whose extraterritorial jurisdiction the district is located from taking any action that impairs or limits the ability of the district to exercise its powers (SECTION 13). The bill sets forth provisions regarding the annexation of the district by a municipality (SECTION 14). If a municipality annexes the district and the annexation precludes or impairs the ability of the district to issue bonds, the bill requires the municipality simultaneously with the annexation to pay in cash the developer or owner of the land a sum equal to all the actual costs and expenses incurred that the district has agreed to pay and after the annexation, install all necessary water, wastewater, and drainage facilities to serve full development within the district (SECTION 15). The bill sets forth provisions regarding the imposition of a sales and use tax as well as the effect annexation by a municipality has on such taxes (SECTION 16). EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.