73R7888 JJT-F
By Johnson H.B. No. 2864
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 functions, operations, and financing of the Brookeland Municipal
1-4 Utility District; providing for the authorization of bonds and the
1-5 levy of property taxes.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. CREATION; LEGISLATIVE DECLARATION. (a) A
1-8 conservation and reclamation district, to be known as the
1-9 Brookeland Municipal Utility District, is created in Jasper County,
1-10 subject to approval at a confirmation election under Section 11 of
1-11 this Act. The district is a governmental agency and a body politic
1-12 and corporate.
1-13 (b) The district is created under and is essential to
1-14 accomplish the purposes of Article XVI, Section 59, of the Texas
1-15 Constitution.
1-16 SECTION 2. DEFINITION. In this Act, "district" means the
1-17 Brookeland Municipal Utility District.
1-18 SECTION 3. BOUNDARIES. The district includes the territory
1-19 contained within the following area:
1-20 BEING 1580 ACRES, MORE OR LESS, OUT OF THE M. CUMMINGS
1-21 SURVEY, ABSTRACT NO. 11, DONALD MCDONALD LEAGUE,
1-22 ABSTRACT NO. 36, E. S. JOHNSTON LEAGUE ABSTRACT NO. 26,
1-23 S. W. BLOUNT, JR. SURVEY, ABSTRACT NO. 493, SABINE
1-24 COUNTY, TEXAS, AND J. H. KIRBY SURVEY, ABSTRACT
2-1 NO. 917, AND THE WILLIAM WALKER SURVEY, ABSTRACT NO.
2-2 526, JASPER COUNTY, TEXAS, AND SAID 1580 ACRES, MORE OR
2-3 LESS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
2-4 BEGINNING at a point at the intersection of the
2-5 centerline of U.S. Highway No. 96 and the centerline
2-6 of Mill Creek, said point being 400 feet, more or less,
2-7 north of the intersection of the centerlines of U.S.
2-8 Highway 96 and State Highway No. 149 in Jasper County;
2-9 THENCE West for a distance of 1700 feet, more or less,
2-10 to the United States Corp of Engineer Boundary line for
2-11 Sam Rayburn Reservoir;
2-12 THENCE in a northerly direction with the meanders of
2-13 the United States Corp of Engineers Boundary line for
2-14 the Sam Rayburn Reservoir for a distance of 13 miles,
2-15 more or less, to a point at the intersection of said
2-16 boundary line and the west right-of-way line of the
2-17 Gulf Coast and Santa Fe Railroad, said point being
2-18 located, along the west right-of-way line of said
2-19 railroad, a distance of 7500 feet more or less, north
2-20 of the Sabine County and Jasper County line;
2-21 THENCE in a southerly direction with the west
2-22 right-of-way line of said railroad for a distance of
2-23 9500 feet, more or less, to a point for corner at the
2-24 intersection of said railroad right-of-way and the
2-25 north boundary line of the City of Browndell, Texas;
2-26 said point being located 2350 feet, more or less, in a
2-27 southerly direction along the said railroad
3-1 right-of-way from the Sabine and Jasper county line;
3-2 THENCE in a northwesterly direction with the northerly
3-3 boundary line of said City of Browndell for a distance
3-4 of 5100 feet, more or less, to point for corner in the
3-5 east right-of-way line of said U.S. Highway No. 96;
3-6 THENCE in a southerly direction along the east
3-7 right-of-way line of U.S. Highway No. 96 for a
3-8 distance of 3000 feet, more or less, to the PLACE OF
3-9 BEGINNING.
3-10 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
3-11 finds that the boundaries and field notes of the district form a
3-12 closure. A mistake in the field notes or in copying the field
3-13 notes in the legislative process does not affect the organization,
3-14 existence, or validity of the district, the right of the district
3-15 to issue bonds or refunding bonds or to pay the principal of or
3-16 interest on the bonds, the right of the district to levy and
3-17 collect taxes, or the legality or operation of the district or its
3-18 governing body.
3-19 SECTION 5. FINDING OF BENEFIT. All of the land and other
3-20 property included within the boundaries of the district will be
3-21 benefited by the works and projects that are to be accomplished by
3-22 the district under powers conferred by Article XVI, Section 59, of
3-23 the Texas Constitution. The district is created to serve a public
3-24 use and benefit.
3-25 SECTION 6. POWERS. (a) The district has all of the rights,
3-26 powers, privileges, authority, functions, and duties conferred by
3-27 the general law of this state, including those conferred by
4-1 Chapters 50 and 54, Water Code, applicable to municipal utility
4-2 districts created under Article XVI, Section 59, of the Texas
4-3 Constitution. This Act prevails over any provision of general law
4-4 that is in conflict or inconsistent with this Act.
4-5 (b) The rights, powers, privileges, authority, functions,
4-6 and duties granted to the district are subject to the continuing
4-7 right of supervision of the state, to be exercised by and through
4-8 the Texas Natural Resource Conservation Commission.
4-9 SECTION 7. BONDS. The district may issue bonds to provide
4-10 all improvements and the maintenance of the improvements necessary
4-11 to accomplish the purposes of Article XVI, Section 59, of the Texas
4-12 Constitution and this Act.
4-13 SECTION 8. TAXING AUTHORITY. (a) The district may levy,
4-14 assess, and collect equitably distributed taxes necessary:
4-15 (1) to pay the interest on bonds issued by the
4-16 district;
4-17 (2) to create a sinking fund for the payment of the
4-18 bonds; and
4-19 (3) for the maintenance of the district and
4-20 improvements.
4-21 (b) The district may levy, assess, collect, and pledge to
4-22 the payment of bonds all or a portion of:
4-23 (1) an annual ad valorem tax on all taxable property
4-24 within the district without limit as to rate or amount; or
4-25 (2) a tax, annual or otherwise, on all taxable real
4-26 property in the district apportioned according to a special benefit
4-27 received by the property as a result of district improvements.
5-1 (c) Any property within 100 feet of a water line, a sewer
5-2 line, or both is deemed to receive a special benefit, and the
5-3 district may impose on the property the tax authorized by
5-4 Subsection (b)(2) of this section.
5-5 (d) Before any tax is levied, the board of directors shall
5-6 hold a public hearing in the district. The board of directors
5-7 shall publish notice of the hearing in a newspaper of general
5-8 circulation in the district once a week for two consecutive weeks,
5-9 the date of the first publication to be not later than 14 days
5-10 before the date of the hearing. The board of directors may not
5-11 levy a tax unless the tax is approved at an election called and
5-12 conducted in the manner provided by Subchapter F, Chapter 54, Water
5-13 Code, for a bond election. The board of directors shall draft a
5-14 reasonable ballot proposition for the election. Taxes levied by
5-15 the district shall be equitably distributed. The annual ad valorem
5-16 tax shall be levied on an equal and uniform basis.
5-17 SECTION 9. MAINTENANCE TAX. (a) The district may levy and
5-18 collect a tax for maintenance purposes, including planning,
5-19 maintaining, repairing, and operating all necessary plants, works,
5-20 facilities, improvements, appliances, and equipment of the district
5-21 and paying costs of proper services, engineering, and legal fees
5-22 and organization and administrative expenses.
5-23 (b) A maintenance tax may not be levied by the district
5-24 until it is approved by a majority of the voters who vote in an
5-25 election held for that purpose.
5-26 (c) The maintenance tax election may be held at the same
5-27 time and in conjunction with the election to authorize bonds. The
6-1 election must be called and conducted in the manner provided by
6-2 Subchapter F, Chapter 54, Water Code, for a bond election. The
6-3 board of directors shall draft a reasonable ballot proposition for
6-4 the election.
6-5 SECTION 10. BOARD OF DIRECTORS. (a) The district is
6-6 governed by a board of five directors.
6-7 (b) Except for the temporary and initial directors, each
6-8 director shall serve for the term of office provided for directors
6-9 under Chapter 54, Water Code, and until the director's successor is
6-10 elected and has qualified.
6-11 (c) Each director shall qualify to serve as director in the
6-12 manner provided by Chapter 54, Water Code.
6-13 (d) The temporary board of directors of the district is
6-14 composed of:
6-15 (1) Coy Pinnix;
6-16 (2) Doris Hamilton;
6-17 (3) Wilburn Weaver;
6-18 (4) Richard Chapman; and
6-19 (5) Mrs. J. C. Linscomb.
6-20 (e) If a temporary director fails to qualify for office, the
6-21 temporary directors who qualify for office shall appoint a person
6-22 to fill the vacancy for the unexpired term. If at any time the
6-23 number of qualified directors is fewer than three because of the
6-24 failure or refusal of one or more directors to qualify to serve,
6-25 because of death or incapacitation, or for any other reason, the
6-26 Commissioners Court of Jasper County shall appoint the necessary
6-27 number of directors to fill all vacancies on the board.
7-1 (f) The temporary directors shall serve until initial
7-2 directors are elected as provided by Section 11 of this Act and
7-3 Chapter 54, Water Code, and have qualified.
7-4 SECTION 11. CONFIRMATION AND DIRECTORS' ELECTION. (a) An
7-5 election shall be called and held to confirm establishment of the
7-6 district and to elect five initial directors as provided by Chapter
7-7 54, Water Code.
7-8 (b) Section 41.001(a), Election Code, does not apply to an
7-9 election under this section.
7-10 SECTION 12. ELECTION OF DIRECTORS. On the first Saturday in
7-11 May of the second year after the year in which the confirmation
7-12 election is held, an election shall be held in the district for the
7-13 election of two directors, each of whom shall serve a two-year
7-14 term, and three directors, each of whom shall serve a four-year
7-15 term. On the first Saturday in May of each subsequent second year,
7-16 the appropriate number of directors shall be elected to the board.
7-17 SECTION 13. ADDITIONAL AUTHORITY. (a) The district may
7-18 enter into contracts for:
7-19 (1) the purchase or sale of both raw and treated
7-20 water;
7-21 (2) the transportation, treatment, and disposal of the
7-22 district's domestic, industrial, or communal wastes;
7-23 (3) the transportation, treatment, and disposal of
7-24 domestic, industrial, or communal wastes as provided by Chapter 30,
7-25 Water Code;
7-26 (4) the purchase, lease, use, management, control, or
7-27 operation of water treatment or distribution facilities, sewer
8-1 collection and treatment facilities, or all or part of facilities
8-2 or systems owned by other political subdivisions; and
8-3 (5) planning, surveying, investigating, or preparing
8-4 reports of any kind.
8-5 (b) The district may acquire, develop, and use underground
8-6 or surface water rights.
8-7 SECTION 14. DISTRICT FACILITIES. (a) The district may
8-8 adopt standard specifications for facilities that are designed or
8-9 constructed to provide:
8-10 (1) storage, treatment, or transportation of water for
8-11 domestic, municipal, or industrial purposes;
8-12 (2) collection, treatment, and disposal of sewage; or
8-13 (3) disposal of solid wastes.
8-14 (b) The board shall hold a public hearing on the adoption of
8-15 standard specifications for facilities of the district. The board
8-16 shall give notice of the hearing to the Texas Natural Resource
8-17 Conservation Commission and shall publish notice of the hearing in
8-18 a newspaper with general circulation in the district not later than
8-19 the 10th day before the date set for the hearing.
8-20 (c) A person adversely affected by a standard specification
8-21 may bring suit in the district court of Jasper County for a
8-22 declaratory judgment on the validity of the specification. The
8-23 court may declare the specification invalid only if the court finds
8-24 the adoption of the standard to be arbitrary, capricious, or an
8-25 abuse of discretion.
8-26 (d) The district may bring suit to enjoin the construction
8-27 of a facility subject to the specifications or addition to an
9-1 existing facility subject to the specifications or against a
9-2 facility whose operations are not in compliance with the
9-3 specifications.
9-4 (e) The specifications shall be filed with the Texas Natural
9-5 Resource Conservation Commission.
9-6 (f) Specifications adopted under this section do not apply
9-7 to a facility within the boundaries or extraterritorial
9-8 jurisdiction of a municipality unless the governing body of the
9-9 municipality approves the specifications by resolution.
9-10 SECTION 15. CONSTRUCTION OR ACQUISITION OF WATER OR SEWER
9-11 SYSTEMS. (a) The district may acquire any existing water system,
9-12 sewer system, or water and sewer system that serves all or part of
9-13 the territory located inside or outside the district's boundaries.
9-14 (b) The district may improve and extend an acquired system
9-15 or may construct a water system, sewer system, or water and sewer
9-16 system.
9-17 (c) Construction contracts are governed by the competitive
9-18 bidding requirement provided by Subchapter B, Chapter 271, Local
9-19 Government Code, but contracts for the acquisition of existing
9-20 water or sewer facilities may be made on terms to which the parties
9-21 agree.
9-22 SECTION 16. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
9-23 (a) The proper and legal notice of the intention to introduce this
9-24 Act, setting forth the general substance of this Act, has been
9-25 published as provided by law, and the notice and a copy of this Act
9-26 have been furnished to all persons, agencies, officials, or
9-27 entities to which they are required to be furnished by the
10-1 constitution and laws of this state, including the governor, who
10-2 has submitted the notice and Act to the Texas Natural Resource
10-3 Conservation Commission.
10-4 (b) The legislature finds that the Texas Natural Resource
10-5 Conservation Commission has filed its recommendations relating to
10-6 this Act with the governor, lieutenant governor, and speaker of the
10-7 house of representatives within the required time.
10-8 (c) The general law relating to consent by political
10-9 subdivisions to the creation of conservation and reclamation
10-10 districts and the inclusion of land in those districts has been
10-11 complied with, and all requirements of the constitution and laws of
10-12 this state and the rules and procedures of this legislature with
10-13 respect to the notice, introduction, and passage of this Act have
10-14 been fulfilled and accomplished.
10-15 SECTION 17. TRANSITION PROVISION. A reference in this Act
10-16 to the Texas Natural Resource Conservation Commission means the
10-17 Texas Water Commission until the name of the Texas Water Commission
10-18 is changed to the Texas Natural Resource Conservation Commission as
10-19 provided by Section 1.085, Chapter 3, Acts of the 72nd Legislature,
10-20 1st Called Session, 1991.
10-21 SECTION 18. EMERGENCY. The importance of this legislation
10-22 and the crowded condition of the calendars in both houses create an
10-23 emergency and an imperative public necessity that the
10-24 constitutional rule requiring bills to be read on three several
10-25 days in each house be suspended, and this rule is hereby suspended,
10-26 and that this Act take effect and be in force from and after its
10-27 passage, and it is so enacted.
11-1 COMMITTEE AMENDMENT NO. 1
11-2 Amend H.B. 2864 as follows:
11-3 On page 7, delete lines 15 and 16 and substitute the following:
11-4 "(b) The district may drill wells and acquire surface water
11-5 by contract."
11-6 Turner of Coleman