HBA-SEP H.B. 2959 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2959 By: Williams Natural Resources 7/18/2001 Enrolled BACKGROUND AND PURPOSE The Brookshire-Katy Drainage District (district) was created by the 57th Legislature in 1961 as a conservation and reclamation district with the rights and powers authorized by provisions regarding fresh water supply districts. Since that time, both the dynamics of the area and state law regarding special districts have changed. House Bill 2959 clarifies the district's authority and incorporates the changes that have occurred in the Water Code into the district's enabling legislation. 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 2959 amends law to confirm the boundaries of the Brookshire-Katy Drainage District (district) and to specify that the district is vested with the rights, powers, privileges, and duties conferred and imposed by provisions applicable to all districts and fresh water supply districts. The bill removes the provisions requiring the district to accomplish, in the exercise of power granted the district, the alteration of certain properties or facilities at the sole expense of the district (Sec. 1A). The bill removes provisions regarding the assessment of taxes within the district (Secs. 4 and 5). The bill prohibits the district from exercising its power of eminent domain outside the district without the express consent of the governing body of the municipality or the commissioners court of the county in which the territory being condemned is located (Sec.6B). A person who violates this Act or a rule adopted under this Act is liable to the district for a civil penalty of not less than $10 or more than $200 for each offense and each day a violation constitutes a separate offense. The bill authorizes the district to sue in a district court to enjoin a violation or threatened violation of this Act or a rule adopted under this Act (Sec. 6C). The Code Construction Act applies to this Act (Sec. 6D). The bill prohibits a person from constructing drainage facilities or improvements on or serving a tract of land in the district unless the district has approved the plans and specifications for the facilities or improvements. Plans and specifications for drainage facilities or improvements located within the corporate limits or the extraterritorial jurisdiction of a municipality require only the approval of the municipality if the corporate limits are located in more than one county, part of the corporate limits and extraterritorial jurisdiction in Waller County is located within the district, the municipality has a population of less than 100,000, and the drainage facilities or improvements are located outside District-owned property or facilities. The bill sets forth provisions regarding the district's regulation of these facilities. After review by its engineer, the district is required to determine the cost of any drainage facilities or improvements and to recommend to the appropriate governing body with jurisdiction over the subdivision that a surety bond or other approved security in that amount for the construction of drainage facilities or improvements be secured in the name of the governing body. If the governing body does not secure a bond, the district is authorized to secure a bond for the cost of construction of drainage facilities or improvements. The bill provides that these provisions are not applicable to agricultural activity or any other activity that does not create an aggregate impervious area of more than one acre (Sec. 6A). The bill provides that the maintenance tax authorized by the voters of the district at the August 12, 1961, election is validated by this Act (SECTION 7). The bill sets forth provisions regarding the election to approve the changes in law made by this Act (SECTION 8). EFFECTIVE DATE Provisions relating to validation of the maintenance tax authorized by the voters on August 12, 1961 and an election to approve the substantive changes in law made by the bill take effect June 16, 2001. The other provisions of the bill take effect contingent on an election to be held as soon as possible after the passage of this Act.