HBA-MSH S.B. 1686 77(R)BILL ANALYSIS


Office of House Bill AnalysisS.B. 1686
By: Jackson
County Affairs
5/11/2001
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Erosion is a problem for many communities along the Texas coast. The
federal government provides matching funds for erosion control projects,
but projects must compete for local funds before the federal government
will match the funds. Conservation and improvement districts are created by
the authority provided by the Texas Constitution. A conservation district
will allow the communities on the western part of Galveston Island to
secure local funds to compete for federal matching funds for erosion
control projects. Senate Bill 1686 creates the West Galveston Island
Conservation 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 1686 creates the West Galveston Island Conservation District,
subject to approval at a confirmation election (SECTIONS 5 and 7).  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 administration of the board
(SECTION 10). The bill sets forth the general powers of the district and
authorizes the district to issue bonds and impose ad valorem taxes upon
approval by the voters of the district, and impose assessments upon
approval by the county commissioners court (SECTIONS 11, 18, 32, 34, 36,and
37).  The bill prohibits the district from imposing an assessment on the
property, equipment, or facilities of a public utility (SECTION 31). The
bill sets forth specific powers and limitations of the district including
the authority to borrow money and add or exclude territory (SECTIONS 8, 9,
and 12). The bill authorizes the district to contract with a political
subdivision, corporation, or other person to accomplish the purposes of the
district (SECTIONS 11, 12, and 40). The bill prohibits the district from
exercising the power of eminent domain, and authorizes Galveston County to
exercise its power of eminent domain to implement a district facility or
improvement (SECTION 15). 

The bill provides that construction by the district in a critical dune area
or land adjacent to and landward of a public beach must be approved by the
commissioners court and the General Land Office (SECTION 14).  The bill
authorizes the board to adopt and enforce reasonable rules and regulations
governing the administration of the district and its programs and projects
(SECTION 16). The bill authorizes the board to finance improvement projects
or services if a written petition has been filed with the board signed by
the requisite number of district property owners (SECTION 20). The bill
authorizes the board to issue temporary notes to pay the costs of an
improvement project or service and issue bonds on completion (SECTION 35).
The bill sets forth provisions regarding the dissolution of the district
(SECTION 39). 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 


 EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 specifies that the qualifications necessary to
vote in any election in the district are the same as the qualifications to
serve as a director of the district.  The amendment requires the initial
board of directors to serve until their successors are elected.  The
amendment requires the district to hold elections of officers every two
years after the election of the initial officers. 

Committee Amendment No. 2 removes the requirement that the district obtain
approval from the General Land Office for construction in a critical dune
area or on land adjacent to and landward of a public beach.