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 -------------------------------------------------------------------