HBA-LJP S.B. 1775 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1775
By: Lindsay
Natural Resources
5/10/2001
Committee Report (Amended)



BACKGROUND AND PURPOSE 

The Texas Constitution provides for the creation of conservation and
reclamation districts which are authorized to incur debt to provide
permanent improvements such as water distribution facilities, wastewater
collection and transportation lines, and drainage projects.  Senate Bill
1775 creates the Harris County Municipal Utility District No. 386, subject
to voter approval at a confirmation election. 

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 1775 creates the Harris County Municipal Utility District No.
386 (district), subject to voter approval at a confirmation election.  If
the creation of the district is not confirmed before September 1, 2003,
this Act expires.  The bill sets forth the boundaries of the district
(SECTIONS 1, 3, 14). 

The bill provides that the district is governed by a board of five
directors (board) and sets forth provisions regarding the election, terms,
qualifications, eligibility, vacancy, and officers of the directors
(SECTIONS 8-11). 

The bill prohibits the district from imposing an impact fee or assessment
on the property, equipment, rights of way, facilities, or improvements of
an electric utility, power generation company, or a gas utility.  The bill
authorizes the district to relocate, raise, reroute, change the grade of,
or alter the construction of a highway, railroad, electric transmission
line, pipeline, canal, or drainage ditch and provides for the compensation
of these operations to interested parties.  The bill requires the district
to comply with all valid and applicable requirements of any ordinance or
resolution adopted by the city council of the City of Houston that consents
to the creation of the district or to the inclusion of lands within the
district (SECTIONS 6, 7, 12). 

EFFECTIVE DATE

September 1, 2001.

EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 includes the property, equipment, rights of way,
facilities, or improvements of telecommunications providers in the property
on which the Harris County Municipal Utility District No. 386 (district) is
prohibited from imposing an impact fee or assessment.  The amendment also
includes telecommunications or other public utility facilities among the
structures that the district is authorized to change the grade of, alter
the construction of, relocate, raise, or reroute.