1-1 By: Haley S.B. No. 1403 1-2 (In the Senate - Filed April 22, 1993; April 22, 1993, read 1-3 first time and referred to Committee on Intergovernmental 1-4 Relations; May 5, 1993, reported favorably by the following vote: 1-5 Yeas 6, Nays 0; May 5, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Armbrister x 1-9 Leedom x 1-10 Carriker x 1-11 Henderson x 1-12 Madla x 1-13 Moncrief x 1-14 Patterson x 1-15 Rosson x 1-16 Shapiro x 1-17 Wentworth x 1-18 Whitmire x 1-19 A BILL TO BE ENTITLED 1-20 AN ACT 1-21 relating to the creation, administration, powers, duties, 1-22 functions, operations, and financing of the Brookeland Municipal 1-23 Utility District; providing for the authorization of bonds and the 1-24 levy of property taxes. 1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-26 SECTION 1. CREATION; LEGISLATIVE DECLARATION. (a) A 1-27 conservation and reclamation district, to be known as the 1-28 Brookeland Municipal Utility District, is created in Jasper County, 1-29 subject to approval at a confirmation election under Section 11 of 1-30 this Act. The district is a governmental agency and a body politic 1-31 and corporate. 1-32 (b) The district is created under and is essential to 1-33 accomplish the purposes of Article XVI, Section 59, of the Texas 1-34 Constitution. 1-35 SECTION 2. DEFINITION. In this Act, "district" means the 1-36 Brookeland Municipal Utility District. 1-37 SECTION 3. BOUNDARIES. The district includes the territory 1-38 contained within the following area: 1-39 BEING 1580 ACRES, MORE OR LESS, OUT OF THE M. CUMMINGS 1-40 SURVEY, ABSTRACT NO. 11, DONALD MCDONALD LEAGUE, 1-41 ABSTRACT NO. 36, E. S. JOHNSTON LEAGUE ABSTRACT NO. 26, 1-42 S. W. BLOUNT, JR. SURVEY, ABSTRACT NO. 493, SABINE 1-43 COUNTY, TEXAS, AND J. H. KIRBY SURVEY, ABSTRACT 1-44 NO. 917, AND THE WILLIAM WALKER SURVEY, ABSTRACT NO. 1-45 526, JASPER COUNTY, TEXAS, AND SAID 1580 ACRES, MORE OR 1-46 LESS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 1-47 BEGINNING at a point at the intersection of the 1-48 centerline of U.S. Highway No. 96 and the centerline 1-49 of Mill Creek, said point being 400 feet, more or less, 1-50 north of the intersection of the centerlines of U.S. 1-51 Highway 96 and State Highway No. 149 in Jasper County; 1-52 THENCE West for a distance of 1700 feet, more or less, 1-53 to the United States Corp of Engineer Boundary line for 1-54 Sam Rayburn Reservoir; 1-55 THENCE in a northerly direction with the meanders of 1-56 the United States Corp of Engineers Boundary line for 1-57 the Sam Rayburn Reservoir for a distance of 13 miles, 1-58 more or less, to a point at the intersection of said 1-59 boundary line and the west right-of-way line of the 1-60 Gulf Coast and Santa Fe Railroad, said point being 1-61 located, along the west right-of-way line of said 1-62 railroad, a distance of 7500 feet more or less, north 1-63 of the Sabine County and Jasper County line; 1-64 THENCE in a southerly direction with the west 1-65 right-of-way line of said railroad for a distance of 1-66 9500 feet, more or less, to a point for corner at the 1-67 intersection of said railroad right-of-way and the 1-68 north boundary line of the City of Browndell, Texas; 2-1 said point being located 2350 feet, more or less, in a 2-2 southerly direction along the said railroad 2-3 right-of-way from the Sabine and Jasper county line; 2-4 THENCE in a northwesterly direction with the northerly 2-5 boundary line of said City of Browndell for a distance 2-6 of 5100 feet, more or less, to point for corner in the 2-7 east right-of-way line of said U.S. Highway No. 96; 2-8 THENCE in a southerly direction along the east 2-9 right-of-way line of U.S. Highway No. 96 for a 2-10 distance of 3000 feet, more or less, to the PLACE OF 2-11 BEGINNING. 2-12 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature 2-13 finds that the boundaries and field notes of the district form a 2-14 closure. A mistake in the field notes or in copying the field 2-15 notes in the legislative process does not affect the organization, 2-16 existence, or validity of the district, the right of the district 2-17 to issue bonds or refunding bonds or to pay the principal of or 2-18 interest on the bonds, the right of the district to levy and 2-19 collect taxes, or the legality or operation of the district or its 2-20 governing body. 2-21 SECTION 5. FINDING OF BENEFIT. All of the land and other 2-22 property included within the boundaries of the district will be 2-23 benefited by the works and projects that are to be accomplished by 2-24 the district under powers conferred by Article XVI, Section 59, of 2-25 the Texas Constitution. The district is created to serve a public 2-26 use and benefit. 2-27 SECTION 6. POWERS. (a) The district has all of the rights, 2-28 powers, privileges, authority, functions, and duties conferred by 2-29 the general law of this state, including those conferred by 2-30 Chapters 50 and 54, Water Code, applicable to municipal utility 2-31 districts created under Article XVI, Section 59, of the Texas 2-32 Constitution. This Act prevails over any provision of general law 2-33 that is in conflict or inconsistent with this Act. 2-34 (b) The rights, powers, privileges, authority, functions, 2-35 and duties granted to the district are subject to the continuing 2-36 right of supervision of the state, to be exercised by and through 2-37 the Texas Natural Resource Conservation Commission. 2-38 SECTION 7. BONDS. The district may issue bonds to provide 2-39 all improvements and the maintenance of the improvements necessary 2-40 to accomplish the purposes of Article XVI, Section 59, of the Texas 2-41 Constitution and this Act. 2-42 SECTION 8. TAXING AUTHORITY. (a) The district may levy, 2-43 assess, and collect equitably distributed taxes necessary: 2-44 (1) to pay the interest on bonds issued by the 2-45 district; 2-46 (2) to create a sinking fund for the payment of the 2-47 bonds; and 2-48 (3) for the maintenance of the district and 2-49 improvements. 2-50 (b) The district may levy, assess, collect, and pledge to 2-51 the payment of bonds all or a portion of: 2-52 (1) an annual ad valorem tax on all taxable property 2-53 within the district without limit as to rate or amount; or 2-54 (2) a tax, annual or otherwise, on all taxable real 2-55 property in the district apportioned according to a special benefit 2-56 received by the property as a result of district improvements. 2-57 (c) Any property within 100 feet of a water line, a sewer 2-58 line, or both is deemed to receive a special benefit, and the 2-59 district may impose on the property the tax authorized by 2-60 Subdivision (2) or Subsection (b) of this section. 2-61 (d) Before any tax is levied, the board of directors shall 2-62 hold a public hearing in the district. The board of directors 2-63 shall publish notice of the hearing in a newspaper of general 2-64 circulation in the district once a week for two consecutive weeks, 2-65 the date of the first publication to be not later than 14 days 2-66 before the date of the hearing. The board of directors may not 2-67 levy a tax unless the tax is approved at an election called and 2-68 conducted in the manner provided by Subchapter F, Chapter 54, Water 2-69 Code, for a bond election. The board of directors shall draft a 2-70 reasonable ballot proposition for the election. Taxes levied by 3-1 the district shall be equitably distributed. The annual ad valorem 3-2 tax shall be levied on an equal and uniform basis. 3-3 SECTION 9. MAINTENANCE TAX. (a) The district may levy and 3-4 collect a tax for maintenance purposes, including planning, 3-5 maintaining, repairing, and operating all necessary plants, works, 3-6 facilities, improvements, appliances, and equipment of the district 3-7 and paying costs of proper services, engineering, and legal fees 3-8 and organization and administrative expenses. 3-9 (b) A maintenance tax may not be levied by the district 3-10 until it is approved by a majority of the voters who vote in an 3-11 election held for that purpose. 3-12 (c) The maintenance tax election may be held at the same 3-13 time and in conjunction with the election to authorize bonds. The 3-14 election must be called and conducted in the manner provided by 3-15 Subchapter F, Chapter 54, Water Code, for a bond election. The 3-16 board of directors shall draft a reasonable ballot proposition for 3-17 the election. 3-18 SECTION 10. BOARD OF DIRECTORS. (a) The district is 3-19 governed by a board of five directors. 3-20 (b) Except for the temporary and initial directors, each 3-21 director shall serve for the term of office provided for directors 3-22 under Chapter 54, Water Code, and until the director's successor is 3-23 elected and has qualified. 3-24 (c) Each director shall qualify to serve as director in the 3-25 manner provided by Chapter 54, Water Code. 3-26 (d) The temporary board of directors of the district is 3-27 composed of: 3-28 (1) Coy Pinnix; 3-29 (2) Doris Hamilton; 3-30 (3) Wilburn Weaver; 3-31 (4) Richard Chapman; and 3-32 (5) Mrs. J. C. Linscomb. 3-33 (e) If a temporary director fails to qualify for office, the 3-34 temporary directors who qualify for office shall appoint a person 3-35 to fill the vacancy for the unexpired term. If at any time the 3-36 number of qualified directors is fewer than three because of the 3-37 failure or refusal of one or more directors to qualify to serve, 3-38 because of death or incapacitation, or for any other reason, the 3-39 Commissioners Court of Jasper County shall appoint the necessary 3-40 number of directors to fill all vacancies on the board. 3-41 (f) The temporary directors shall serve until initial 3-42 directors are elected as provided by Section 11 of this Act and 3-43 Chapter 54, Water Code, and have qualified. 3-44 SECTION 11. CONFIRMATION AND DIRECTORS' ELECTION. (a) An 3-45 election shall be called and held to confirm establishment of the 3-46 district and to elect five initial directors as provided by Chapter 3-47 54, Water Code. 3-48 (b) Subsection (a), Section 41.001, Election Code, does not 3-49 apply to an election under this section. 3-50 SECTION 12. ELECTION OF DIRECTORS. On the first Saturday in 3-51 May of the second year after the year in which the confirmation 3-52 election is held, an election shall be held in the district for the 3-53 election of two directors, each of whom shall serve a two-year 3-54 term, and three directors, each of whom shall serve a four-year 3-55 term. On the first Saturday in May of each subsequent second year, 3-56 the appropriate number of directors shall be elected to the board. 3-57 SECTION 13. ADDITIONAL AUTHORITY. (a) The district may 3-58 enter into contracts for: 3-59 (1) the purchase or sale of both raw and treated 3-60 water; 3-61 (2) the transportation, treatment, and disposal of the 3-62 district's domestic, industrial, or communal wastes; 3-63 (3) the transportation, treatment, and disposal of 3-64 domestic, industrial, or communal wastes as provided by Chapter 30, 3-65 Water Code; 3-66 (4) the purchase, lease, use, management, control, or 3-67 operation of water treatment or distribution facilities, sewer 3-68 collection and treatment facilities, or all or part of facilities 3-69 or systems owned by other political subdivisions; and 3-70 (5) planning, surveying, investigating, or preparing 4-1 reports of any kind. 4-2 (b) The district may acquire, develop, and use underground 4-3 or surface water rights. 4-4 SECTION 14. DISTRICT FACILITIES. (a) The district may 4-5 adopt standard specifications for facilities that are designed or 4-6 constructed to provide: 4-7 (1) storage, treatment, or transportation of water for 4-8 domestic, municipal, or industrial purposes; 4-9 (2) collection, treatment, and disposal of sewage; or 4-10 (3) disposal of solid wastes. 4-11 (b) The board shall hold a public hearing on the adoption of 4-12 standard specifications for facilities of the district. The board 4-13 shall give notice of the hearing to the Texas Natural Resource 4-14 Conservation Commission and shall publish notice of the hearing in 4-15 a newspaper with general circulation in the district not later than 4-16 the 10th day before the date set for the hearing. 4-17 (c) A person adversely affected by a standard specification 4-18 may bring suit in the district court of Jasper County for a 4-19 declaratory judgment on the validity of the specification. The 4-20 court may declare the specification invalid only if the court finds 4-21 the adoption of the standard to be arbitrary, capricious, or an 4-22 abuse of discretion. 4-23 (d) The district may bring suit to enjoin the construction 4-24 of a facility subject to the specifications or addition to an 4-25 existing facility subject to the specifications or against a 4-26 facility whose operations are not in compliance with the 4-27 specifications. 4-28 (e) The specifications shall be filed with the Texas Natural 4-29 Resource Conservation Commission. 4-30 (f) Specifications adopted under this section do not apply 4-31 to a facility within the boundaries or extraterritorial 4-32 jurisdiction of a municipality unless the governing body of the 4-33 municipality approves the specifications by resolution. 4-34 SECTION 15. CONSTRUCTION OR ACQUISITION OF WATER OR SEWER 4-35 SYSTEMS. (a) The district may acquire any existing water system, 4-36 sewer system, or water and sewer system that serves all or part of 4-37 the territory located inside or outside the district's boundaries. 4-38 (b) The district may improve and extend an acquired system 4-39 or may construct a water system, sewer system, or water and sewer 4-40 system. 4-41 (c) Construction contracts are governed by the competitive 4-42 bidding requirement provided by Subchapter B, Chapter 271, Local 4-43 Government Code, but contracts for the acquisition of existing 4-44 water or sewer facilities may be made on terms to which the parties 4-45 agree. 4-46 SECTION 16. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 4-47 (a) The proper and legal notice of the intention to introduce this 4-48 Act, setting forth the general substance of this Act, has been 4-49 published as provided by law, and the notice and a copy of this Act 4-50 have been furnished to all persons, agencies, officials, or 4-51 entities to which they are required to be furnished by the 4-52 constitution and laws of this state, including the governor, who 4-53 has submitted the notice and Act to the Texas Natural Resource 4-54 Conservation Commission. 4-55 (b) The legislature finds that the Texas Natural Resource 4-56 Conservation Commission has filed its recommendations relating to 4-57 this Act with the governor, lieutenant governor, and speaker of the 4-58 house of representatives within the required time. 4-59 (c) The general law relating to consent by political 4-60 subdivisions to the creation of conservation and reclamation 4-61 districts and the inclusion of land in those districts has been 4-62 complied with, and all requirements of the constitution and laws of 4-63 this state and the rules and procedures of this legislature with 4-64 respect to the notice, introduction, and passage of this Act have 4-65 been fulfilled and accomplished. 4-66 SECTION 17. TRANSITION PROVISION. A reference in this Act 4-67 to the Texas Natural Resource Conservation Commission means the 4-68 Texas Water Commission until the name of the Texas Water Commission 4-69 is changed to the Texas Natural Resource Conservation Commission as 4-70 provided by Section 1.085, Chapter 3, Acts of the 72nd Legislature, 5-1 1st Called Session, 1991. 5-2 SECTION 18. EMERGENCY. The importance of this legislation 5-3 and the crowded condition of the calendars in both houses create an 5-4 emergency and an imperative public necessity that the 5-5 constitutional rule requiring bills to be read on three several 5-6 days in each house be suspended, and this rule is hereby suspended, 5-7 and that this Act take effect and be in force from and after its 5-8 passage, and it is so enacted. 5-9 * * * * * 5-10 Austin, 5-11 Texas 5-12 May 5, 1993 5-13 Hon. Bob Bullock 5-14 President of the Senate 5-15 Sir: 5-16 We, your Committee on Intergovernmental Relations to which was 5-17 referred S.B. No. 1403, have had the same under consideration, and 5-18 I am instructed to report it back to the Senate with the 5-19 recommendation that it do pass and be printed. 5-20 Armbrister, 5-21 Chairman 5-22 * * * * * 5-23 WITNESSES 5-24 FOR AGAINST ON 5-25 ___________________________________________________________________ 5-26 Name: Billy Mott x 5-27 Representing: Brookeland WSC 5-28 City: Sam Rayburn 5-29 ------------------------------------------------------------------- 5-30 Name: Grey Goodson x 5-31 Representing: Brookeland MVD 5-32 City: Beaumont 5-33 ------------------------------------------------------------------- 5-34 Name: Richard B. Chapman x 5-35 Representing: Brookeland Water Supply Corp. 5-36 City: Brookeland 5-37 -------------------------------------------------------------------