H.B. No. 1531 1-1 AN ACT 1-2 relating to the creation, administration, powers, duties, 1-3 operation, and financing of the Hamshire Municipal Utility 1-4 District. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. CREATION. (a) A conservation and reclamation 1-7 district, to be known as the Hamshire Municipal Utility District, 1-8 is created in Jefferson County, subject to approval at a 1-9 confirmation election under Section 9 of this Act. The district is 1-10 a governmental agency and a body politic and corporate. 1-11 (b) The district is created under and is essential to 1-12 accomplish the purposes of Section 59, Article XVI, Texas 1-13 Constitution. 1-14 SECTION 2. DEFINITION. In this Act, "district" means the 1-15 Hamshire Municipal Utility District. 1-16 SECTION 3. BOUNDARIES. The district includes the territory 1-17 contained within the following area: 1-18 BEGINNING at the point of intersection of the Southeasterly 1-19 right-of-way line of Interstate Highway 10 and the West boundary 1-20 line of Jefferson County, Texas, the same being the East boundary 1-21 line of Chambers County, Texas; 1-22 THENCE in a Southerly direction along the West boundary line 1-23 of Jefferson County, Texas and the East boundary line of Chambers 2-1 County, Texas to a point in the North line of the J. A. Dunshie 2-2 Survey, Abstract No. 677, Jefferson County, Abstract No. 609, 2-3 Chambers County; 2-4 THENCE in a Easterly direction along and with the most 2-5 Northerly line of the Trinty Bay Conservation District and the same 2-6 being the North line of the said J. A. Dunshie Survey; the T. & 2-7 N.O.R.R. Survey, Section 181, Abstract No. 345; the E. I. White 2-8 Survey, Abstract No. 621; the T. & N.O.R.R. Survey, Section 183, 2-9 Abstract No. 346; the T.J. Baldwin Survey, Abstract No. 624; the 2-10 E.L. & R.R.R., Section 373, Abstract No. 551; the Stephen Eaton 2-11 Survey, Abstract No. 22; the J.L. Dyson Survey, Abstract No. 791; 2-12 the D.D. Dyson Survey, Abstract No. 790; the T. & N.O.R.R. Survey, 2-13 Section 215, Abstract No. 277; and the Seth Davis Survey, Abstract 2-14 No. 491 to a point for corner, said point being the most 2-15 Northeasterly corner of the Seth Davis Survey, Abstract No. 491; 2-16 THENCE in a Northerly direction along the East line of the 2-17 Seth Davis Survey, Abstract No. 490; the T. & N.O.R.R. Survey, 2-18 Section 169, Abstract No. 377; the J. E. Broussard Survey, Abstract 2-19 No. 482; and the T. & N.O.R.R. Survey, Section 149, Abstract No. 2-20 369 to a point for corner, said point being the most Northeasterly 2-21 corner of the T. & N.O.R.R. Survey Section 149; 2-22 THENCE in a Westerly direction to a point for corner along 2-23 the North line of the T. & N.O.R.R. Survey, Section 149 to the 2-24 intersection of the east line of the Lovan Hamshire Survey, 2-25 Abstract No. 507, said point being the most Southeasterly corner of 3-1 the Lovan Hamshire Survey, Abstract No. 507; 3-2 THENCE in a Northerly direction along the East line of the 3-3 Lovan Hamshire Survey, Abstract No. 507; and the T. & N.O.R.R. 3-4 Survey, Section 139, Abstract No. 364 to its intersection with the 3-5 North bank of the South Fork of Taylor's Bayou; 3-6 THENCE following and abutting the Southerly and Westerly 3-7 lines of the West Jefferson County Municipal Water District along 3-8 the following calls: 3-9 Westerly along the North bank of the South Fork of 3-10 Taylor's Bayou, the same being the most Southerly line 3-11 of the aforementioned Water District to the 3-12 intersection of a line 300 east of, and measured at 3-13 right angles to the West Line of the J. W. Denny 3-14 Survey, Abstract No. 747 and the A. D. Knowlton Survey, 3-15 Abstract No. 668; 3-16 Southerly on a line 300 feet East of and parallel to 3-17 the west line of the J. W. Denny Survey, Abstract No. 3-18 747 and the A. D. Knowlton Survey, Abstract No. 668, to 3-19 the North right-of-way line of State Highway 73 to a 3-20 point for corner; 3-21 Southerly and Southwesterly along the North 3-22 right-of-way line of State Highway 73 to its 3-23 intersection with the Southeasterly bank of Mayhaw 3-24 Bayou, to a point for corner; 3-25 Northeasterly along the meanders of the Southeast bank 4-1 of Mayhaw Bayou to its intersection with the North bank 4-2 of the South Fork of Taylor's Bayou, to a point for 4-3 corner; 4-4 Northwesterly along the meanders of the North bank of 4-5 the South Fork of Taylor's Bayou to its intersection 4-6 with the Northwesterly right-of-way of Interstate 10; 4-7 Northeasterly along the Northwesterly right-of-way of 4-8 Interstate 10 to its intersection with the North bank 4-9 of the North Fork of Taylor's Bayou; 4-10 Westerly along the meanders of the North bank of the 4-11 North Fork of Taylor's Bayou; 4-12 THENCE leaving the aforementioned District's boundary in a 4-13 Westerly direction along the meanders of the North bank of the 4-14 Taylor's Bayou to a point on the East line of the T. & N.O.R.R. 4-15 Survey, Section 63, Abstract No. 212; 4-16 THENCE in a Northerly direction along the East line of the T. 4-17 & N.O.R.R. Survey, Section 63, Abstract No. 212 to the most 4-18 Northeasterly corner of said survey to a point for corner; 4-19 THENCE in a Westerly direction along the North line of the T. 4-20 & N.O.R.R. Survey, Section 63, Abstract No. 212 to the most 4-21 Northwesterly corner of said survey to a point for corner; 4-22 THENCE in a Southerly direction along the West line of the T. 4-23 & N.O.R.R. Survey, Section 63, Abstract No. 212 and the C.J. 4-24 Peterson Survey, Abstract No. 594 to a point for corner on the 4-25 North line of the C.J. Peterson Survey, Abstract No. 591, said 5-1 point also being the most Southwesterly corner of the C.J. Peterson 5-2 Survey, Abstract No. 594; 5-3 THENCE in a Westerly direction along the North line of the 5-4 C.J. Peterson Survey, Abstract No. 591 to the most Northwesterly 5-5 corner of the said survey; 5-6 THENCE in a Southerly direction along the West line of the 5-7 C.J. Peterson Survey, Abstract No. 591 and the West boundary line 5-8 of Jefferson County, Texas, the same being the East boundary line 5-9 of Chambers County, Texas to the POINT OF BEGINNING. 5-10 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature 5-11 finds that the boundaries and field notes of the district form a 5-12 closure. A mistake in the field notes or in copying the field 5-13 notes in the legislative process does not affect the organization, 5-14 existence, or validity of the district, the right of the district 5-15 to levy and collect taxes to issue bonds, or to pay the principal 5-16 of or interest on the bonds, or the legality or operation of the 5-17 district or its governing body. 5-18 SECTION 5. FINDING OF BENEFIT. All of the land and other 5-19 property included within the boundaries of the district will be 5-20 benefited by the works and projects that are to be accomplished by 5-21 the district under powers conferred by Section 59, Article XVI, 5-22 Texas Constitution. The district is created to serve a public use 5-23 and benefit. 5-24 SECTION 6. POWERS. (a) The district has all of the rights, 5-25 powers, privileges, authority, functions, and duties provided by 6-1 the general law of this state, including Chapters 50 and 54, Water 6-2 Code, applicable to municipal utility districts created under 6-3 Section 59, Article XVI, Texas Constitution. This Act prevails 6-4 over any provision of general law that is in conflict or 6-5 inconsistent with this Act. 6-6 (b) The rights, powers, privileges, authority, functions, 6-7 and duties of the district are subject to the continuing right of 6-8 supervision of the state to be exercised by and through the Texas 6-9 Natural Resource Conservation Commission. 6-10 SECTION 7. BOARD OF DIRECTORS. (a) The district is 6-11 governed by a board of seven directors. 6-12 (b) Temporary directors serve until initial directors are 6-13 elected under Section 9 of this Act. 6-14 (c) Initial directors serve until permanent directors are 6-15 elected under Section 10 of this Act. 6-16 (d) Permanent directors serve staggered four-year terms. 6-17 (e) Each director must qualify to serve as director in the 6-18 manner provided by Section 54.025 or 54.116, Water Code, as 6-19 appropriate. 6-20 (f) A director serves until the director's successor has 6-21 qualified. 6-22 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of 6-23 directors is composed of: 6-24 (1) Robert Lott; 6-25 (2) Jim Broussard; 7-1 (3) Forrest R. Jones III; 7-2 (4) Jimmy D. Gregory; 7-3 (5) George V. Morris; 7-4 (6) Jerry Sparks; and 7-5 (7) Shirley Verret. 7-6 (b) If a temporary director does not qualify for office, the 7-7 remaining directors shall appoint a person to fill the vacancy. If 7-8 at any time the number of qualified directors is less than seven 7-9 because of the failure or refusal of one or more directors to 7-10 qualify to serve, because of death or incapacitation, or for any 7-11 other reason, the Commissioners Court of Jefferson County shall 7-12 appoint the necessary number of directors to fill all vacancies on 7-13 the board. 7-14 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. 7-15 (a) The temporary board of directors shall call and hold an 7-16 election to confirm establishment of the district and to elect 7-17 seven initial directors as provided by Chapter 54, Water Code. 7-18 (b) Section 41.001(a), Election Code, does not apply to a 7-19 confirmation election held as provided by this section. 7-20 (c) The ballot for the confirmation election may contain a 7-21 proposition for the levy of a maintenance tax or a special benefits 7-22 tax or both. 7-23 SECTION 10. ELECTION OF DIRECTORS. On the first Saturday in 7-24 May of the first odd-numbered year after the year in which the 7-25 confirmation election is held, an election shall be held in the 8-1 district for the election of four directors who shall each serve 8-2 two-year terms and three directors who shall each serve four-year 8-3 terms. Thereafter, on the same date in each subsequent second 8-4 year, the appropriate number of directors shall be elected to the 8-5 board. 8-6 SECTION 11. VACANCIES. If at any time and for any reason 8-7 the number of qualified directors is less than seven, the 8-8 Commissioners Court of Jefferson County shall appoint the necessary 8-9 number of directors to fill all vacancies on the board. 8-10 SECTION 12. SPECIAL BENEFITS TAX. (a) In addition to or 8-11 instead of an ad valorem tax, and for the purpose of pledging all 8-12 or part of the tax revenue to the payment of bonds, the district 8-13 may levy, assess, and collect an annual tax on all taxable real 8-14 property in the district apportioned and assessed according to the 8-15 special benefit received by the property as a result of district 8-16 improvements. Any property within 100 feet of a water line or 8-17 sewer line or both is considered to receive a special benefit, and 8-18 the tax authorized by this section may be imposed on that property. 8-19 (b) Before a tax or taxes may be levied under this section, 8-20 a public hearing must be held within the district after notice of 8-21 the hearing has been published in a newspaper of general 8-22 circulation in the district once a week for two consecutive weeks, 8-23 the date of the first publication to be at least 14 days before the 8-24 date of the hearing and a proposition authorizing the levy of the 8-25 tax must have been approved at an election called and conducted in 9-1 the manner prescribed for a bond election. 9-2 SECTION 13. PURCHASE OR SALE OF WATER. The district may 9-3 enter into contracts for the purchase or sale of both raw and 9-4 treated water. 9-5 SECTION 14. WATER RIGHTS. The district may acquire, 9-6 develop, and use underground or surface water rights. 9-7 SECTION 15. WATER SUPPLY FACILITY, SEWER SYSTEM, AND SOLID 9-8 WASTE DISPOSAL FACILITY STANDARDS. (a) Subject to the authority 9-9 of the Texas Natural Resource Conservation Commission, the board of 9-10 directors by rule may establish standard specifications for 9-11 facilities within the district's boundaries that are designed or 9-12 constructed to provide: 9-13 (1) storage, treatment, or transportation of water for 9-14 domestic, municipal, or industrial purposes; 9-15 (2) collection, treatment, and disposal of sewage; or 9-16 (3) disposal of solid wastes. 9-17 (b) Appeal from an order adopting standard specifications is 9-18 to the district court of Jefferson County, and the substantial 9-19 evidence rule applies. 9-20 (c) The district may seek to enjoin the construction of a 9-21 facility, an addition to an existing facility, or the operation of 9-22 a facility that is not in compliance with the standard 9-23 specifications. 9-24 (d) The standard specifications shall be filed with the 9-25 Texas Natural Resource Conservation Commission. 10-1 (e) Specifications adopted under this section do not apply 10-2 within the boundaries or extraterritorial jurisdiction of a 10-3 municipality unless the governing body of the municipality by 10-4 resolution consents. 10-5 SECTION 16. CONTRACT FOR ACQUISITION OF EXISTING SYSTEMS. A 10-6 contract for the acquisition of an existing water or sewer facility 10-7 may be made on terms agreed on by the parties. 10-8 SECTION 17. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 10-9 (a) The proper and legal notice of the intention to introduce this 10-10 Act, setting forth the general substance of this Act, has been 10-11 published as provided by law, and the notice and a copy of this Act 10-12 have been furnished to all persons, agencies, officials, or 10-13 entities to which they are required to be furnished by the 10-14 constitution and other laws of this state, including the governor, 10-15 who has submitted the notice and Act to the Texas Natural Resource 10-16 Conservation Commission. 10-17 (b) The Texas Natural Resource Conservation Commission has 10-18 filed its recommendations relating to this Act with the governor, 10-19 lieutenant governor, and speaker of the house of representatives 10-20 within the required time. 10-21 (c) All requirements of the constitution and laws of this 10-22 state and the rules and procedures of the legislature with respect 10-23 to the notice, introduction, and passage of this Act are fulfilled 10-24 and accomplished. 10-25 SECTION 18. EMERGENCY. The importance of this legislation 11-1 and the crowded condition of the calendars in both houses create an 11-2 emergency and an imperative public necessity that the 11-3 constitutional rule requiring bills to be read on three several 11-4 days in each house be suspended, and this rule is hereby suspended, 11-5 and that this Act take effect and be in force from and after its 11-6 passage, and it is so enacted.