HBA-LJP S.B. 1646 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1646
By: Bernsen
Natural Resources
5/8/2001
Engrossed



BACKGROUND AND PURPOSE 

The Texas Constitution authorizes the creation of groundwater conservation
districts to plan, develop, and regulate the use of water.  The Coastal
Water Authority (authority) is a conservation and reclamation district
established by the 60th Legislature that is located in a three-county area
encompassing all of Harris County and parts of Chambers and Liberty
counties.  Senate Bill 1646 authorizes the authority to abandon certain
canals, laterals, or ditches, modifies the residential qualifications of a
person appointed to the board of directors of the authority, and authorizes
the authority to issue refunding bonds. 

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 1646  authorizes the Coastal Water Authority (authority),
notwithstanding any previous obligation, to abandon, sell, release or
deconstruct a canal, ditch, or lateral if:   
 
 _such structures have not been used to transport or deliver water in five
years; 

 _ there are intervening gaps between the canal, ditch, or lateral and the
authority's primary canal serving that canal, lateral, or ditch; or  

 _an adjoining landowner has requested the abandonment, sale, release, or
deconstruction of such structures without another adjoining landowner
objecting within thirty day after notice of the proposed action by the
authority. 

The bill authorizes the authority to issue refunding bonds to refund any
authority bond or obligation in accordance with laws of the state,
including certain bonds or other obligations that have been defeased by the
authority by escrowing United States Government obligations.  Beginning in
the year 2005, a person appointed to the board of directors of the
authority by the governor does not have to be a resident within the
boundaries of the authority if the person is a resident within a specified
area of Liberty County. 

EFFECTIVE DATE

September 1, 2001.