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.