S.B. No. 1403
AN ACT
1-1 relating to the creation, administration, powers, duties,
1-2 functions, operations, and financing of the Brookeland Municipal
1-3 Utility District; providing for the authorization of bonds and the
1-4 levy of property taxes.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. CREATION; LEGISLATIVE DECLARATION. (a) A
1-7 conservation and reclamation district, to be known as the
1-8 Brookeland Municipal Utility District, is created in Jasper County,
1-9 subject to approval at a confirmation election under Section 11 of
1-10 this Act. The district is a governmental agency and a body politic
1-11 and corporate.
1-12 (b) The district is created under and is essential to
1-13 accomplish the purposes of Article XVI, Section 59, of the Texas
1-14 Constitution.
1-15 SECTION 2. DEFINITION. In this Act, "district" means the
1-16 Brookeland Municipal Utility District.
1-17 SECTION 3. BOUNDARIES. The district includes the territory
1-18 contained within the following area:
1-19 BEING 1580 ACRES, MORE OR LESS, OUT OF THE M. CUMMINGS
1-20 SURVEY, ABSTRACT NO. 11, DONALD MCDONALD LEAGUE,
1-21 ABSTRACT NO. 36, E. S. JOHNSTON LEAGUE ABSTRACT NO. 26,
1-22 S. W. BLOUNT, JR. SURVEY, ABSTRACT NO. 493, SABINE
1-23 COUNTY, TEXAS, AND J. H. KIRBY SURVEY, ABSTRACT
1-24 NO. 917, AND THE WILLIAM WALKER SURVEY, ABSTRACT NO.
2-1 526, JASPER COUNTY, TEXAS, AND SAID 1580 ACRES, MORE OR
2-2 LESS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
2-3 BEGINNING at a point at the intersection of the
2-4 centerline of U.S. Highway No. 96 and the centerline
2-5 of Mill Creek, said point being 400 feet, more or less,
2-6 north of the intersection of the centerlines of U.S.
2-7 Highway 96 and State Highway No. 149 in Jasper County;
2-8 THENCE West for a distance of 1700 feet, more or less,
2-9 to the United States Corp of Engineer Boundary line for
2-10 Sam Rayburn Reservoir;
2-11 THENCE in a northerly direction with the meanders of
2-12 the United States Corp of Engineers Boundary line for
2-13 the Sam Rayburn Reservoir for a distance of 13 miles,
2-14 more or less, to a point at the intersection of said
2-15 boundary line and the west right-of-way line of the
2-16 Gulf Coast and Santa Fe Railroad, said point being
2-17 located, along the west right-of-way line of said
2-18 railroad, a distance of 7500 feet more or less, north
2-19 of the Sabine County and Jasper County line;
2-20 THENCE in a southerly direction with the west
2-21 right-of-way line of said railroad for a distance of
2-22 9500 feet, more or less, to a point for corner at the
2-23 intersection of said railroad right-of-way and the
2-24 north boundary line of the City of Browndell, Texas;
2-25 said point being located 2350 feet, more or less, in a
2-26 southerly direction along the said railroad
2-27 right-of-way from the Sabine and Jasper county line;
3-1 THENCE in a northwesterly direction with the northerly
3-2 boundary line of said City of Browndell for a distance
3-3 of 5100 feet, more or less, to point for corner in the
3-4 east right-of-way line of said U.S. Highway No. 96;
3-5 THENCE in a southerly direction along the east
3-6 right-of-way line of U.S. Highway No. 96 for a
3-7 distance of 3000 feet, more or less, to the PLACE OF
3-8 BEGINNING.
3-9 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
3-10 finds that the boundaries and field notes of the district form a
3-11 closure. A mistake in the field notes or in copying the field
3-12 notes in the legislative process does not affect the organization,
3-13 existence, or validity of the district, the right of the district
3-14 to issue bonds or refunding bonds or to pay the principal of or
3-15 interest on the bonds, the right of the district to levy and
3-16 collect taxes, or the legality or operation of the district or its
3-17 governing body.
3-18 SECTION 5. FINDING OF BENEFIT. All of the land and other
3-19 property included within the boundaries of the district will be
3-20 benefited by the works and projects that are to be accomplished by
3-21 the district under powers conferred by Article XVI, Section 59, of
3-22 the Texas Constitution. The district is created to serve a public
3-23 use and benefit.
3-24 SECTION 6. POWERS. (a) The district has all of the rights,
3-25 powers, privileges, authority, functions, and duties conferred by
3-26 the general law of this state, including those conferred by
3-27 Chapters 50 and 54, Water Code, applicable to municipal utility
4-1 districts created under Article XVI, Section 59, of the Texas
4-2 Constitution. This Act prevails over any provision of general law
4-3 that is in conflict or inconsistent with this Act.
4-4 (b) The rights, powers, privileges, authority, functions,
4-5 and duties granted to the district are subject to the continuing
4-6 right of supervision of the state, to be exercised by and through
4-7 the Texas Natural Resource Conservation Commission.
4-8 SECTION 7. BONDS. The district may issue bonds to provide
4-9 all improvements and the maintenance of the improvements necessary
4-10 to accomplish the purposes of Article XVI, Section 59, of the Texas
4-11 Constitution and this Act.
4-12 SECTION 8. TAXING AUTHORITY. (a) The district may levy,
4-13 assess, and collect equitably distributed taxes necessary:
4-14 (1) to pay the interest on bonds issued by the
4-15 district;
4-16 (2) to create a sinking fund for the payment of the
4-17 bonds; and
4-18 (3) for the maintenance of the district and
4-19 improvements.
4-20 (b) The district may levy, assess, collect, and pledge to
4-21 the payment of bonds all or a portion of:
4-22 (1) an annual ad valorem tax on all taxable property
4-23 within the district without limit as to rate or amount; or
4-24 (2) a tax, annual or otherwise, on all taxable real
4-25 property in the district apportioned according to a special benefit
4-26 received by the property as a result of district improvements.
4-27 (c) Any property within 100 feet of a water line, a sewer
5-1 line, or both is deemed to receive a special benefit, and the
5-2 district may impose on the property the tax authorized by
5-3 Subdivision (2) of Subsection (b) of this section.
5-4 (d) Before any tax is levied, the board of directors shall
5-5 hold a public hearing in the district. The board of directors
5-6 shall publish notice of the hearing in a newspaper of general
5-7 circulation in the district once a week for two consecutive weeks,
5-8 the date of the first publication to be not later than 14 days
5-9 before the date of the hearing. The board of directors may not
5-10 levy a tax unless the tax is approved at an election called and
5-11 conducted in the manner provided by Subchapter F, Chapter 54, Water
5-12 Code, for a bond election. The board of directors shall draft a
5-13 reasonable ballot proposition for the election. Taxes levied by
5-14 the district shall be equitably distributed. The annual ad valorem
5-15 tax shall be levied on an equal and uniform basis.
5-16 SECTION 9. MAINTENANCE TAX. (a) The district may levy and
5-17 collect a tax for maintenance purposes, including planning,
5-18 maintaining, repairing, and operating all necessary plants, works,
5-19 facilities, improvements, appliances, and equipment of the district
5-20 and paying costs of proper services, engineering, and legal fees
5-21 and organization and administrative expenses.
5-22 (b) A maintenance tax may not be levied by the district
5-23 until it is approved by a majority of the voters who vote in an
5-24 election held for that purpose.
5-25 (c) The maintenance tax election may be held at the same
5-26 time and in conjunction with the election to authorize bonds. The
5-27 election must be called and conducted in the manner provided by
6-1 Subchapter F, Chapter 54, Water Code, for a bond election. The
6-2 board of directors shall draft a reasonable ballot proposition for
6-3 the election.
6-4 SECTION 10. BOARD OF DIRECTORS. (a) The district is
6-5 governed by a board of five directors.
6-6 (b) Except for the temporary and initial directors, each
6-7 director shall serve for the term of office provided for directors
6-8 under Chapter 54, Water Code, and until the director's successor is
6-9 elected and has qualified.
6-10 (c) Each director shall qualify to serve as director in the
6-11 manner provided by Chapter 54, Water Code.
6-12 (d) The temporary board of directors of the district is
6-13 composed of:
6-14 (1) Coy Pinnix;
6-15 (2) Doris Hamilton;
6-16 (3) Wilburn Weaver;
6-17 (4) Richard Chapman; and
6-18 (5) Mrs. J. C. Linscomb.
6-19 (e) If a temporary director fails to qualify for office, the
6-20 temporary directors who qualify for office shall appoint a person
6-21 to fill the vacancy for the unexpired term. If at any time the
6-22 number of qualified directors is fewer than three because of the
6-23 failure or refusal of one or more directors to qualify to serve,
6-24 because of death or incapacitation, or for any other reason, the
6-25 Commissioners Court of Jasper County shall appoint the necessary
6-26 number of directors to fill all vacancies on the board.
6-27 (f) The temporary directors shall serve until initial
7-1 directors are elected as provided by Section 11 of this Act and
7-2 Chapter 54, Water Code, and have qualified.
7-3 SECTION 11. CONFIRMATION AND DIRECTORS' ELECTION. (a) An
7-4 election shall be called and held to confirm establishment of the
7-5 district and to elect five initial directors as provided by Chapter
7-6 54, Water Code.
7-7 (b) Subsection (a), Section 41.001, Election Code, does not
7-8 apply to an election under this section.
7-9 SECTION 12. ELECTION OF DIRECTORS. On the first Saturday in
7-10 May of the second year after the year in which the confirmation
7-11 election is held, an election shall be held in the district for the
7-12 election of two directors, each of whom shall serve a two-year
7-13 term, and three directors, each of whom shall serve a four-year
7-14 term. On the first Saturday in May of each subsequent second year,
7-15 the appropriate number of directors shall be elected to the board.
7-16 SECTION 13. ADDITIONAL AUTHORITY. (a) The district may
7-17 enter into contracts for:
7-18 (1) the purchase or sale of both raw and treated
7-19 water;
7-20 (2) the transportation, treatment, and disposal of the
7-21 district's domestic, industrial, or communal wastes;
7-22 (3) the transportation, treatment, and disposal of
7-23 domestic, industrial, or communal wastes as provided by Chapter 30,
7-24 Water Code;
7-25 (4) the purchase, lease, use, management, control, or
7-26 operation of water treatment or distribution facilities, sewer
7-27 collection and treatment facilities, or all or part of facilities
8-1 or systems owned by other political subdivisions; and
8-2 (5) planning, surveying, investigating, or preparing
8-3 reports of any kind.
8-4 (b) The district may acquire, develop, and use underground
8-5 or surface water rights.
8-6 SECTION 14. DISTRICT FACILITIES. (a) The district may
8-7 adopt standard specifications for facilities that are designed or
8-8 constructed to provide:
8-9 (1) storage, treatment, or transportation of water for
8-10 domestic, municipal, or industrial purposes;
8-11 (2) collection, treatment, and disposal of sewage; or
8-12 (3) disposal of solid wastes.
8-13 (b) The board shall hold a public hearing on the adoption of
8-14 standard specifications for facilities of the district. The board
8-15 shall give notice of the hearing to the Texas Natural Resource
8-16 Conservation Commission and shall publish notice of the hearing in
8-17 a newspaper with general circulation in the district not later than
8-18 the 10th day before the date set for the hearing.
8-19 (c) A person adversely affected by a standard specification
8-20 may bring suit in the district court of Jasper County for a
8-21 declaratory judgment on the validity of the specification. The
8-22 court may declare the specification invalid only if the court finds
8-23 the adoption of the standard to be arbitrary, capricious, or an
8-24 abuse of discretion.
8-25 (d) The district may bring suit to enjoin the construction
8-26 of a facility subject to the specifications or addition to an
8-27 existing facility subject to the specifications or against a
9-1 facility whose operations are not in compliance with the
9-2 specifications.
9-3 (e) The specifications shall be filed with the Texas Natural
9-4 Resource Conservation Commission.
9-5 (f) Specifications adopted under this section do not apply
9-6 to a facility within the boundaries or extraterritorial
9-7 jurisdiction of a municipality unless the governing body of the
9-8 municipality approves the specifications by resolution.
9-9 SECTION 15. CONSTRUCTION OR ACQUISITION OF WATER OR SEWER
9-10 SYSTEMS. (a) The district may acquire any existing water system,
9-11 sewer system, or water and sewer system that serves all or part of
9-12 the territory located inside or outside the district's boundaries.
9-13 (b) The district may improve and extend an acquired system
9-14 or may construct a water system, sewer system, or water and sewer
9-15 system.
9-16 (c) Construction contracts are governed by the competitive
9-17 bidding requirement provided by Subchapter B, Chapter 271, Local
9-18 Government Code, but contracts for the acquisition of existing
9-19 water or sewer facilities may be made on terms to which the parties
9-20 agree.
9-21 SECTION 16. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
9-22 (a) The proper and legal notice of the intention to introduce this
9-23 Act, setting forth the general substance of this Act, has been
9-24 published as provided by law, and the notice and a copy of this Act
9-25 have been furnished to all persons, agencies, officials, or
9-26 entities to which they are required to be furnished by the
9-27 constitution and laws of this state, including the governor, who
10-1 has submitted the notice and Act to the Texas Natural Resource
10-2 Conservation Commission.
10-3 (b) The legislature finds that the Texas Natural Resource
10-4 Conservation Commission has filed its recommendations relating to
10-5 this Act with the governor, lieutenant governor, and speaker of the
10-6 house of representatives within the required time.
10-7 (c) The general law relating to consent by political
10-8 subdivisions to the creation of conservation and reclamation
10-9 districts and the inclusion of land in those districts has been
10-10 complied with, and all requirements of the constitution and laws of
10-11 this state and the rules and procedures of this legislature with
10-12 respect to the notice, introduction, and passage of this Act have
10-13 been fulfilled and accomplished.
10-14 SECTION 17. TRANSITION PROVISION. A reference in this Act
10-15 to the Texas Natural Resource Conservation Commission means the
10-16 Texas Water Commission until the name of the Texas Water Commission
10-17 is changed to the Texas Natural Resource Conservation Commission as
10-18 provided by Section 1.085, Chapter 3, Acts of the 72nd Legislature,
10-19 1st Called Session, 1991.
10-20 SECTION 18. EMERGENCY. The importance of this legislation
10-21 and the crowded condition of the calendars in both houses create an
10-22 emergency and an imperative public necessity that the
10-23 constitutional rule requiring bills to be read on three several
10-24 days in each house be suspended, and this rule is hereby suspended,
10-25 and that this Act take effect and be in force from and after its
10-26 passage, and it is so enacted.