74R8168 MI-F
By Stiles H.B. No. 1531
Substitute the following for H.B. No. 1531:
By Stiles C.S.H.B. No. 1531
A BILL TO BE ENTITLED
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.