1-1 By: Madla S.B. No. 399
1-2 (In the Senate - Filed February 18, 1993; February 22, 1993,
1-3 read first time and referred to Committee on Natural Resources;
1-4 April 15, 1993, reported favorably by the following vote: Yeas 9,
1-5 Nays 0; April 15, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the validation of the creation of the Siesta Shores
1-22 Water Control and Improvement District and the district's
1-23 administration and operation.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. DEFINITION. In this Act, "district" means the
1-26 Siesta Shores Water Control and Improvement District.
1-27 SECTION 2. VALIDATION AND POWERS. (a) The creation of the
1-28 district and all resolutions, instruments, orders, and other acts
1-29 or attempted acts of the board of directors of the district are
1-30 validated and confirmed in all respects. The creation of the
1-31 district and all resolutions, instruments, orders, and other acts
1-32 or attempted acts of the board of directors of the district are
1-33 valid as though they originally had been legally authorized or
1-34 accomplished.
1-35 (b) The district has all of the rights, powers, privileges,
1-36 authority, functions, and duties provided by the general law of
1-37 this state, including Chapters 50 and 51, Water Code, applicable to
1-38 water control and improvement districts created under Article XVI,
1-39 Section 59, of the Texas Constitution.
1-40 SECTION 3. DISTRICT BOUNDARIES. The district includes all
1-41 of the territory within the following described area:
1-42 BEGINNING at a point on the 307 foot contour line of Falcon Lake at
1-43 Survey Marker 33-A-3 and following the 307 foot line as follows:
1-44 33-A-3 to 33-A-4 South 68 degrees 32' West 433.03 feet;
1-45 33-A-4 to 33-A-5 North 49 degrees 43' West 1304.39 feet;
1-46 33-A-5 to 33-A-6 North 11 degrees 22' East 1062.66 feet;
1-47 33-A-6 to 33-A-7 North 80 degrees 48' West 775.11 feet;
1-48 33-A-7 to 33-A-8 North 48 degrees 56' West 388.75 feet;
1-49 33-A-8 to 33-A-9 North 56 degrees 55' East 1541.13 feet;
1-50 33-A-9 to 33-A-10 North 69 degrees 26' East 578.30 feet;
1-51 33-A-10 to 33-A-11 South 20 degrees 59' East 350.22 feet;
1-52 33-A-11 to 33-A-12 North 82 degrees 17' East 282.72 feet;
1-53 33-A-12 to 33-A-13 North 11 degrees 20' West 564.75 feet;
1-54 33-A-13 to 33-A-14 North 65 degrees 09' West 676.94 feet;
1-55 33-A-14 to 33-A-15 North 16 degrees 15' East 614.78 feet;
1-56 33-A-15 to 33-A-16 South 73 degrees 34' East 501.28 feet;
1-57 33-A-16 to 33-A-17 North 42 degrees 06' East 370.86 feet;
1-58 33-A-17 to 33-A-18 North 80 degrees 25' West 444.39 feet;
1-59 33-A-18 to 33-A-18A North 37 degrees 13' East 177.87 feet;
1-60 THENCE with the north line of Siesta Shores Subdivision between
1-61 points
1-62 33-A-18Ato 33-A-26A North 53 degrees 27' East 3613.02 feet;
1-63 THENCE continuing with the 307 foot line with points
1-64 33-A-26Ato 33-A-27 South 14 degrees 54' West 335.49 feet;
1-65 33-A-27 to 33-A-28 South 40 degrees 45' West 274.61 feet;
1-66 33-A-28 to 33-A-29 South 85 degrees 49' East 523.14 feet;
1-67 33-A-29 to 33-A-30 South 02 degrees 18' East 435.36 feet;
1-68 33-A-30 to 33-A-31 North 50 degrees 17' East 404.61 feet;
2-1 33-A-31 to 33-A-32 North 01 degrees 34' West 501.83 feet;
2-2 33-A-32 to 33-A-33 North 29 degrees 10' East 519.00 feet;
2-3 33-A-33 to 33-A-33 North 62 degrees 53' East 500.75 feet;
2-4 33-A-34 to 33-A-35 North 39 degrees 24' East 386.33 feet;
2-5 33-A-35 to 33-A-36 South 80 degrees 48' East 470.67 feet;
2-6 33-A-36 to 33-A-37 North 28 degrees 33' East 447.56 feet;
2-7 33-A-37 to 33-A-38 North 43 degrees 22' East 450.92 feet;
2-8 33-A-38 to 33-A-39 North 07 degrees 28' East 539.03 feet;
2-9 33-A-39 to 33-A-40 South 77 degrees 23' East 560.61 feet;
2-10 33-A-40 to 33-A-41 North 46 degrees 54' East 585.97 feet;
2-11 33-A-41 to 33-A-42 South 65 degrees 10' East 622.72 feet;
2-12 33-A-42 to 33-A-43 South 06 degrees 11' East 459.14 feet;
2-13 33-A-43 to 33-A-44 South 21 degrees 44' West 348.50 feet;
2-14 33-A-44 to 33-A-45 South 25 degrees 11' East 415.50 feet;
2-15 33-A-45 to 33-A-46 South 71 degrees 56' West 351.31 feet;
2-16 33-A-46 to 33-A-47 South 37 degrees 55' East 406.86 feet;
2-17 33-A-47 to 33-A-48 South 53 degrees 37' West 482.17 feet;
2-18 33-A-48 to 33-A-49 South 73 degrees 47' East 477.00 feet;
2-19 33-A-49 to 33-A-50 South 41 degrees 14' West 506.50 feet;
2-20 33-A-50 to 33-A-51 South 47 degrees 37' East 726.47 feet;
2-21 33-A-51 to 33-A-51A South 11 degrees 10' West 700.71 feet;
2-22 THENCE with the south line of Siesta Shores Subdivision between
2-23 points
2-24 33-A-51Ato 33-A-3A South 53 degrees 43' West 8697.88 feet;
2-25 &33-A-3Ato 33-A-3 South 36 degrees 16' East 14.00 feet
2-26 to the POINT OF BEGINNING, containing within said bounds 802.83
2-27 acres of land, more or less.
2-28 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
2-29 finds that the boundaries and field notes of the district form a
2-30 closure. If a mistake is made in the field notes or in copying the
2-31 field notes in the legislative process, it in no way affects the
2-32 organization, existence, or validity of the district, the right of
2-33 the district to issue any type of bonds or refunding bonds for the
2-34 purposes for which the district is created or to pay the principal
2-35 of and interest on the bonds, or the right of the district to levy
2-36 and collect assessments or taxes or in any other manner affects the
2-37 legality or operation of the district or its governing body.
2-38 SECTION 5. BOARD OF DIRECTORS. (a) The district is
2-39 governed by a board of five directors.
2-40 (b) Temporary directors serve until the initial directors
2-41 are elected under Section 7 and the initial directors serve until
2-42 permanent directors are elected under that section.
2-43 (c) Permanent directors serve staggered four-year terms.
2-44 (d) Each director must qualify to serve in the manner
2-45 provided by Sections 51.078 and 51.079, Water Code, as appropriate.
2-46 (e) A director serves until the director's successor has
2-47 qualified.
2-48 SECTION 6. TEMPORARY DIRECTORS. (a) On the effective date
2-49 of this Act, the temporary board of directors of the district is
2-50 composed of the following persons:
2-51 (1) Lawrence F. Link;
2-52 (2) Ramiro Garcia;
2-53 (3) Danilea Diette;
2-54 (4) Edmundo Martinez; and
2-55 (5) David Tiesdale.
2-56 (b) If a temporary director fails to qualify for office, the
2-57 temporary directors who have qualified shall appoint a person to
2-58 fill the vacancy. If at any time there are fewer than three
2-59 qualified temporary directors, the Texas Natural Resource
2-60 Conservation Commission shall appoint the necessary number of
2-61 persons to fill all vacancies on the board.
2-62 SECTION 7. ELECTION OF DIRECTORS. (a) The temporary board
2-63 of directors shall call and hold an election to elect five
2-64 individuals to the initial board of directors. The election shall
2-65 be held on the first uniform election date practicable after the
2-66 effective date of this Act.
2-67 (b) The three initial directors receiving the greatest
2-68 number of votes serve as directors for terms expiring the second
2-69 Saturday in August, 1996, and the other two directors serve terms
2-70 expiring the second Saturday in August, 1994.
3-1 (c) After the election of the initial board of directors, an
3-2 election shall be held on the second Saturday in August of each
3-3 even-numbered year to elect the appropriate number of directors.
3-4 SECTION 8. TRANSITION PROVISION. The reference in Section 6
3-5 of this Act to the Texas Natural Resource Conservation Commission
3-6 means the Texas Water Commission until the name of the Texas Water
3-7 Commission is changed to the Texas Natural Resource Conservation
3-8 Commission as provided by Section 1.085, Chapter 3, Acts of the
3-9 72nd Legislature, 1st Called Session, 1991.
3-10 SECTION 9. EMERGENCY. The importance of this legislation
3-11 and the crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended,
3-15 and that this Act take effect and be in force from and after its
3-16 passage, and it is so enacted.
3-17 * * * * *
3-18 Austin,
3-19 Texas
3-20 April 15, 1993
3-21 Hon. Bob Bullock
3-22 President of the Senate
3-23 Sir:
3-24 We, your Committee on Natural Resources to which was referred S.B.
3-25 No. 399, have had the same under consideration, and I am instructed
3-26 to report it back to the Senate with the recommendation that it do
3-27 pass and be printed.
3-28 Truan,
3-29 Vice-Chairman
3-30 * * * * *
3-31 WITNESSES
3-32 No witnesses appeared on S.B. No. 399.