By: Rabuck H.B. No. 2815
73R969 MI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Chateau Woods Municipal Utility
1-4 District.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. CREATION. (a) A conservation and reclamation
1-7 district, to be known as Chateau Woods Municipal Utility District,
1-8 is created in Montgomery County, subject to approval at a
1-9 confirmation election under Section 11 of this Act. The district
1-10 is a governmental agency and a body politic and corporate.
1-11 (b) The district is created under and is essential to
1-12 accomplish the purposes of Article XVI, Section 59, of the Texas
1-13 Constitution.
1-14 SECTION 2. DEFINITIONS. In this Act:
1-15 (1) "City" means the city of Chateau Woods.
1-16 (2) "District" means Chateau Woods Municipal Utility
1-17 District.
1-18 SECTION 3. BOUNDARIES. The district includes the territory
1-19 contained within the corporate boundaries of the city of Chateau
1-20 Woods on the day preceding the date on which the canvass of the
1-21 election to abolish the city is completed.
1-22 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-23 property included within the boundaries of the district will be
1-24 benefited by the works and projects that are to be accomplished by
2-1 the district under powers conferred by Article XVI, Section 59, of
2-2 the Texas Constitution. The district is created to serve a public
2-3 use and benefit.
2-4 SECTION 5. POWERS. (a) The district has all of the rights,
2-5 powers, privileges, authority, functions, and duties provided by
2-6 the general law of this state, including Chapters 50 and 54, Water
2-7 Code, applicable to municipal utility districts created under
2-8 Article XVI, Section 59, of the Texas Constitution. This Act
2-9 prevails over any provision of general law that is in conflict or
2-10 inconsistent with this Act.
2-11 (b) The rights, powers, privileges, authority, functions,
2-12 and duties of the district are subject to the continuing right of
2-13 supervision of the state to be exercised by and through the Texas
2-14 Water Commission.
2-15 SECTION 6. ADDITIONAL POWERS. (a) The district may own,
2-16 operate, maintain, and expand the water and sewer system owned and
2-17 operated by the city of Chateau Woods before the transfer of assets
2-18 and liabilities from the city to the district as described in
2-19 Section 14 of this Act.
2-20 (b) The district may adopt land use regulations and building
2-21 standards in furtherance of the purposes of Article XVI, Section
2-22 59, of the Texas Constitution.
2-23 SECTION 7. ELECTION OF DIRECTORS. (a) The directors of the
2-24 district shall be elected according to the single-member
2-25 subdistrict method as provided by this Act.
2-26 (b) One director shall be elected from each single-member
2-27 subdistrict by the electors of that subdistrict.
3-1 (c) A person shall indicate on the application for a place
3-2 on the ballot the single-member subdistrict that the person seeks
3-3 to represent.
3-4 (d) The board of directors shall revise each single-member
3-5 subdistrict after each federal decennial census to reflect
3-6 population changes. At the first election after the subdistricts
3-7 are revised, a new director shall be elected from each subdistrict.
3-8 The directors shall draw lots to determine which two directors
3-9 shall serve two-year terms and which three directors shall serve
3-10 four-year terms.
3-11 SECTION 8. BOARD OF DIRECTORS. (a) The district is
3-12 governed by a board of five directors.
3-13 (b) A vacancy in the office of director shall be filled by
3-14 appointment of the board until the next election for directors. If
3-15 the position is not scheduled to be filled at the election, the
3-16 person elected to fill the position shall serve only for the
3-17 remainder of the unexpired term.
3-18 (c) To be eligible to serve as director, a person must be a
3-19 registered voter and reside in the single-member subdistrict from
3-20 which the person is elected or appointed.
3-21 SECTION 9. SERVICE OF DIRECTORS. (a) Temporary directors
3-22 serve until initial directors are elected under Section 15.
3-23 (b) Initial directors serve until permanent directors are
3-24 elected under Section 17.
3-25 (c) Permanent directors serve staggered four-year terms.
3-26 (d) Each director must qualify to serve as director in the
3-27 manner provided by Sections 54.025 and 54.116, Water Code.
4-1 (e) A director serves until the director's successor has
4-2 qualified.
4-3 SECTION 10. TEMPORARY DIRECTORS. (a) The temporary board
4-4 of directors is composed of:
4-5 (1) _______________________
4-6 (2) _______________________
4-7 (3) _______________________
4-8 (4) _______________________
4-9 (5) _______________________
4-10 (b) If a temporary director fails to qualify for office, the
4-11 temporary directors who have qualified shall appoint a person to
4-12 fill the vacancy. If at any time there are fewer than three
4-13 qualified temporary directors, the Texas Water Commission shall
4-14 appoint the necessary number of persons to fill all vacancies on
4-15 the board.
4-16 (c) The temporary board of directors shall establish five
4-17 single-member voting subdistricts from which initial and permanent
4-18 directors are elected.
4-19 SECTION 11. CONFIRMATION ELECTION. The temporary directors
4-20 shall call an election to be held on May 1, 1993, to confirm the
4-21 creation of the district.
4-22 SECTION 12. BALLOT PROPOSITION. The ballot for the election
4-23 to confirm the creation of the district shall be printed to permit
4-24 voting for or against the proposition: "The creation of the
4-25 Chateau Woods Municipal Utility District; the transfer to the
4-26 district of the assets and obligations of the city of Chateau Woods
4-27 relating to the city's water and sewer system; and the levy of an
5-1 ad valorem tax at a rate equal to the rate previously set by the
5-2 city to pay the bonded indebtedness of the city relating to the
5-3 city's water and sewer system."
5-4 SECTION 13. CONFIRMATION ELECTION RETURNS. (a) The
5-5 district is created if:
5-6 (1) a majority of the voters in the city of Chateau
5-7 Woods voting in the election held under this Act favor the
5-8 proposition; and
5-9 (2) a majority of the voters in the city of Chateau
5-10 Woods voting in an election held on the same date under Section
5-11 62.002, Local Government Code, favor a proposition to abolish the
5-12 city of Chateau Woods, contingent upon the creation of the district
5-13 under this Act, and to transfer to the district the city's assets
5-14 and obligations relating to the city's water and sewer system.
5-15 (b) The district is not created and the city is not
5-16 abolished if a majority of the voters in either election do not
5-17 favor the proposition on which they voted.
5-18 SECTION 14. TRANSFER OF ASSETS. If the district is created
5-19 under this Act, all assets and obligations of the city of Chateau
5-20 Woods relating to the city's water and sewer system are transferred
5-21 to the district on the 30th day after the date of the canvasses of
5-22 both elections have been completed.
5-23 SECTION 15. ELECTION OF INITIAL DIRECTORS. (a) If the
5-24 district is created under Section 13 of this Act, initial directors
5-25 shall be elected at an election to be held on November 2, 1993.
5-26 (b) If the temporary directors determine that there is not
5-27 sufficient time to draw the subdistricts or to comply with the
6-1 requirements of law, the temporary directors may postpone the
6-2 election date until the next uniform election date that is at least
6-3 60 days after the earlier of:
6-4 (1) the date on which the United States Department of
6-5 Justice approves the single-member subdistricts created by the
6-6 temporary board of directors; or
6-7 (2) the date on which the time within which the United
6-8 States Department of Justice must approve or disapprove the
6-9 subdistricts expires without action by that department.
6-10 (c) A person, including a temporary director, who desires to
6-11 be a candidate for the office of initial director may file an
6-12 application with the temporary board to have the candidate's name
6-13 printed on the ballot as provided by Section 54.104, Water Code.
6-14 (d) At the initial directors' election, the temporary board
6-15 of directors shall have the name of any candidate filing for the
6-16 office of director as provided by Subsection (c) of this section
6-17 placed on the ballot and blank spaces to write in the names of
6-18 other persons. The temporary board of directors, at the time the
6-19 vote is canvassed, shall declare the person who receives the most
6-20 votes in each subdistrict to be elected as director for that
6-21 subdistrict.
6-22 SECTION 16. APPLICATION OF OTHER LAW. (a) Section
6-23 41.001(a), Election Code, does not apply to a confirmation election
6-24 or an initial directors' election held as provided by this Act.
6-25 (b) Except as provided by this section and by Sections 10-13
6-26 of this Act, a confirmation or initial directors' election shall be
6-27 conducted as provided by Chapter 54, Water Code, and by the
7-1 Election Code.
7-2 SECTION 17. ELECTION OF DIRECTORS. On the first Saturday
7-3 in May of the second year after the year in which the confirmation
7-4 election is held, an election shall be held in the district for the
7-5 election of two directors who shall each serve two-year terms and
7-6 three directors who shall each serve four-year terms. Thereafter,
7-7 on the same date in each subsequent second year, the appropriate
7-8 number of directors shall be elected to the board.
7-9 SECTION 18. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
7-10 (a) The proper and legal notice of the intention to introduce this
7-11 Act, setting forth the general substance of this Act, has been
7-12 published as provided by law, and the notice and a copy of this Act
7-13 have been furnished to all persons, agencies, officials, or
7-14 entities to which they are required to be furnished by the
7-15 constitution and other laws of this state, including the governor,
7-16 who has submitted the notice and Act to the Texas Water Commission.
7-17 (b) The Texas Water Commission has filed its recommendations
7-18 relating to this Act with the governor, lieutenant governor, and
7-19 speaker of the house of representatives within the required time.
7-20 (c) All requirements of the constitution and laws of this
7-21 state and the rules and procedures of the legislature with respect
7-22 to the notice, introduction, and passage of this Act are fulfilled
7-23 and accomplished.
7-24 SECTION 19. EMERGENCY. The importance of this legislation
7-25 and the crowded condition of the calendars in both houses create an
7-26 emergency and an imperative public necessity that the
7-27 constitutional rule requiring bills to be read on three several
8-1 days in each house be suspended, and this rule is hereby suspended,
8-2 and that this Act take effect and be in force from and after its
8-3 passage, and it is so enacted.