By Stiles H.B. No. 1531
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 functions, operations, and financing of the Hamshire Municipal
1-4 Utility District and providing for the authorization of bonds and
1-5 the levy of property taxes.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. CREATION; LEGISLATIVE DECLARATION. (a) Pursuant
1-8 to Article XVI, Section 59, of the Texas Constitution a
1-9 conservation and reclamation district is created in Jefferson
1-10 County to be known as "Hamshire Municipal Utility District," which
1-11 shall be a governmental agency and a body politic and corporate.
1-12 (b) The creation of the district is declared to be essential
1-13 to the accomplishment of the purposes of Article XVI, Section 59,
1-14 of the Texas Constitution.
1-15 SECTION 2. DEFINITION. In this Act, "district" means
1-16 Hamshire Municipal Utility District.
1-17 SECTION 3. BOUNDARIES. The district shall include all of
1-18 the territory contained within the following described area:
1-19 Boundary Description
1-20 Hamshire Municipal Utility District
1-21 BEGINNING at the point of intersection of the Southeasterly
1-22 right-of-way line of Interstate Highway 10 and the West boundary
1-23 line of Jefferson County, Texas, the same being the East boundary
2-1 line of Chambers County, Texas;
2-2 THENCE in a Southerly direction along the West boundary line of
2-3 Jefferson County, Texas and the East boundary line of Chambers
2-4 County, Texas to a point in the north line of the J. A. Dunshie
2-5 Survey, Abstract No. 677, Jefferson County, Abstract No. 609,
2-6 Chambers County;
2-7 THENCE in a Easterly direction along and with the most Northerly
2-8 line of the Trinity Bay Conservation District and the same being
2-9 the North line of the said J. A. Dunshie Survey; the T. & N.O.R.R.
2-10 Survey, Section 181, Abstract No. 345; the E. I. White Survey,
2-11 Abstract No. 621; the T. & N.O.R.R. Survey, Section 183, Abstract
2-12 No. 346; the T.J. Baldwin Survey, Abstract No. 624; the E.L. &
2-13 R.R.R., Section 373, Abstract No. 551; the Stephen Eaton Survey,
2-14 Abstract No. 22; the J.L. Dyson Survey, Abstract No. 791; the D.D.
2-15 Dyson Survey, Abstract No. 790; the T. & N.O.R.R. Survey, Section
2-16 215, Abstract No. 277; and the Seth Davis Survey, Abstract No. 491
2-17 to a point for corner, said point being the most Northeasterly
2-18 corner of the Seth Davis Survey, Abstract No. 491;
2-19 THENCE in a Northerly direction along the East line of the Seth
2-20 Davis Survey, Abstract No. 490; the T. & N.O.R.R. Survey, Section
2-21 169, Abstract No. 377; the J. E. Broussard Survey, Abstract No.
2-22 482; and the T. & N.O.R.R. Survey, Section 149, Abstract No. 369 to
2-23 a point for corner, said point being the most Northeasterly corner
2-24 of the T. & N.O.R.R. Survey Section 149;
2-25 THENCE in a Westerly direction to a point for corner along the
3-1 North line of the T. & N.O.R.R. Survey, Section 149 to the
3-2 intersection of the east line of the Lovan Hamshire Survey,
3-3 Abstract No. 507, said point being the most Southeasterly corner of
3-4 the Lovan Hamshire Survey, Abstract No. 507;
3-5 THENCE in a Northerly direction along the East line of the Lovan
3-6 Hamshire Survey, Abstract No. 507; and the T. & N.O.R.R. Survey,
3-7 Section 139, Abstract No. 364 to its intersection with the North
3-8 bank of the South Fork of Taylor's Bayou;
3-9 THENCE following and abutting the Southerly and Westerly lines of
3-10 the West Jefferson County Municipal Water District along the
3-11 following calls:
3-12 Westerly along the North bank of the South Fork of Taylor's
3-13 Bayou, the same being the most Southerly line of the
3-14 aforementioned Water District to the intersection of a line
3-15 300 east of, and measured at right angles to the West Line of
3-16 the J. W. Denny Survey, Abstract No. 747 and the A. D.
3-17 Knowlton Survey, Abstract No. 668;
3-18 Southerly on a line 300 feet East of and parallel to the west
3-19 line of the J. W. Denny Survey, Abstract No. 747 and the A.
3-20 D. Knowlton Survey, Abstract No. 668, to the North
3-21 right-of-way line of State Highway 73 to a point for corner;
3-22 Southerly and Southwesterly along the North right-of-way line
3-23 of State Highway 73 to its intersection with the
3-24 Southeasterly bank of Mayhaw Bayou, to a point for corner;
3-25 Northeasterly along the meanders of the Southeast bank of
4-1 Mayhaw Bayou to its intersection with the North bank of the
4-2 South Fork of Taylor's Bayou, to a point for corner;
4-3 Northwesterly along the meanders of the North bank of the
4-4 South Fork of Taylor's Bayou to its intersection with the
4-5 Southeasterly right-of-way of Interstate 10;
4-6 THENCE leaving the aforementioned District's boundary in a
4-7 Southwesterly direction along and with the Southeasterly
4-8 right-of-way line of Interstate 10 to the POINT OF BEGINNING.
4-9 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
4-10 finds that the boundaries and field notes of the district form a
4-11 closure. If any mistake is made in the field notes or in copying
4-12 the field notes in the legislative process, it in no way affects
4-13 the organization, existence, and validity of the district, or the
4-14 right of the district to issue any type of bonds or refunding bonds
4-15 for the purposes for which the district is created or to pay the
4-16 principal of and interest on the bonds, or the right of the
4-17 district to levy and collect taxes, or in any other manner affects
4-18 the legality or operation of the district or its governing body.
4-19 SECTION 5. FINDING OF BENEFIT. The legislature finds that
4-20 all of the land and other property included within the boundaries
4-21 of the district will be benefited by the works and projects that
4-22 are to be accomplished by the district under powers conferred by
4-23 Article XVI, Section 59, of the Texas Constitution and that the
4-24 district is created to serve a public use and benefit.
4-25 SECTION 6: POWERS. (a) the district has all of the rights,
5-1 powers, privileges, authority, and functions conferred by the
5-2 general laws of this state applicable to municipal utility
5-3 districts created under Article XVI, Section 59, of the Texas
5-4 Constitution, including those conferred by Chapter 50 and Chapter
5-5 54, Water Code. If any provision of the general law is in conflict
5-6 or inconsistent with this Act, this Act prevails.
5-7 (b) The rights, powers, privileges, authority, and functions
5-8 granted to the district are subject to the continuing right of
5-9 supervision of the State of Texas to be exercised by and through
5-10 the Texas Natural Resource Conservation Commission.
5-11 (c) The district is authorized to issue bonds to provide all
5-12 improvements and the maintenance thereof requisite to the
5-13 achievement of the purposes of Article XVI, Section 59 of the Texas
5-14 Constitution and this Act and to levy, assess, collect and pledge
5-15 all or a portion thereof to the payment of bonds, all such taxes,
5-16 equitably distributed, as may be necessary for the payment of the
5-17 interest and the creation of a sinking fund for the payment of such
5-18 bonds and also for the maintenance of the district and
5-19 improvements. Specifically, without limiting the generality of the
5-20 foregoing authorization, the district is authorized to levy,
5-21 assess, collect, and pledge all or a portion thereof to the payment
5-22 of bonds: (i) an annual ad valorem tax on all taxable property
5-23 within the district without limit as to rate or amount; and (ii) a
5-24 tax annual or otherwise, on all taxable real property in the
5-25 district apportioned according to the special benefit received by
6-1 such property as a result of district improvements. Any property
6-2 within 100 feet of a water line or sewer line or both shall be
6-3 deemed to receive a special benefit and the tax authorized by this
6-4 subsection would be imposed on such property. Before any such tax
6-5 or taxes may be levied, a public hearing shall be held within the
6-6 district after notice of such hearing has been published in a
6-7 newspaper of general circulation in the district once a week for
6-8 two consecutive weeks, the date of the first publication to be at
6-9 least 14 days prior to the date stated therein for the hearing and
6-10 a proposition or propositions, authorizing the levy of any one or
6-11 more of such taxes shall have been approved at an election called
6-12 and conducted in the manner prescribed for a bond election. All
6-13 taxes levied by the district shall be equitably distributed and the
6-14 annual ad valorem tax herein authorized subject to the conditions
6-15 prescribed above shall be levied on an equal and uniform basis.
6-16 SECTION 7. MAINTENANCE TAX. (a) The district may levy and
6-17 collect a tax for maintenance purposes, including funds for
6-18 planning, maintaining, repairing, and operating all necessary
6-19 plants, works, facilities, improvements, appliances, and equipment
6-20 of the district and for paying costs of proper services,
6-21 engineering, and legal fees, and organization and administrative
6-22 expenses.
6-23 (b) A maintenance tax may not be levied by the district
6-24 until it is approved by a majority of the electors voting in an
6-25 election held for that purpose.
7-1 (c) The maintenance tax may be held at the same time and in
7-2 conjunction with the election to authorize bonds, and the procedure
7-3 for calling the election, giving notice, conducting the election,
7-4 and canvassing the returns shall be the same procedure as for a
7-5 bond election.
7-6 SECTION 8. BOARD OF DIRECTORS. (a) The district is
7-7 governed by a board of seven directors.
7-8 (b) Except for the initial directors, each director shall
7-9 serve for the term of office provided for directors under Chapter
7-10 54, Water Code, and until his successor is elected and has
7-11 qualified.
7-12 (c) Each director shall qualify to serve as director in the
7-13 manner provided by Chapter 54, Water Code.
7-14 (d) At the time this Act takes effect, the following persons
7-15 shall constitute the initial board of directors of the district:
7-16 (1) Robert Lott
7-17 (2) Jim Broussard
7-18 (3) Forrest R. Jones, III
7-19 (4) Jimmy D. Gregory
7-20 (5) George V. Morris
7-21 (6) Jerry Sparks
7-22 (7) Shirley Verret
7-23 (e) If any of the directors listed in Subsection (d) of this
7-24 section fails to qualify for office, the remaining directors shall
7-25 appoint someone to fill the vacancy for the unexpired term. If at
8-1 any time the number of qualified directors is less than seven
8-2 because of the failure or refusal of one or more directors to
8-3 qualify to serve, because of death or incapacitation, or for any
8-4 other reason, the Commissioners Court of Jefferson County shall
8-5 appoint the necessary number of directors to fill all vacancies on
8-6 the board.
8-7 (f) The initial directors shall serve until permanent
8-8 directors are elected as provided by Section 9 of this Act and
8-9 Chapter 54, Water Code.
8-10 SECTION 9. CONFIRMATION AND DIRECTORS' ELECTION. An
8-11 election shall be called and held to confirm establishment of the
8-12 district and to elect seven permanent directors as provided by
8-13 Chapter 54, Water Code.
8-14 SECTION 10. ELECTION OF DIRECTORS. Beginning in the first
8-15 odd-numbered year following the confirmation and directors'
8-16 election, an election shall be held on the first Saturday in May
8-17 every two years to elect the appropriate number of directors to the
8-18 board.
8-19 SECTION 11. ADDITIONAL AUTHORITY. (a) The district may
8-20 enter into contracts for the following purposes:
8-21 (1) the purchase or sale of both raw and treated
8-22 water;
8-23 (2) the transportation, treatment, and disposal of its
8-24 domestic, industrial, or communal wastes;
8-25 (3) the transportation, treatment, and disposal of
9-1 domestic, industrial, or communal wastes of others as provided by
9-2 Chapter 30, Water Code;
9-3 (4) the purchase, lease, use, management, control, or
9-4 operation of water treatment or distribution, or sewer collection
9-5 and treatment, facilities, all or part of facilities or systems
9-6 owned by other political subdivisions; and
9-7 (5) planning, surveying, investigating, or preparing
9-8 reports of any kind.
9-9 (b) the district may acquire, develop, and use underground
9-10 or surface water rights.
9-11 SECTION 12. DISTRICT FACILITIES. (a) The district may
9-12 establish standard specifications for facilities that are designed
9-13 or constructed to provide:
9-14 (1) storage, treatment, or transportation of water for
9-15 domestic, municipal, or industrial purposes;
9-16 (2) collection, treatment, and disposal of sewage; or
9-17 (3) disposal of solid wastes.
9-18 (b) The board shall hold a public hearing on the adoption of
9-19 standards for facilities of the district. The board shall give
9-20 notice of the hearing to the Texas Natural Resource Conservation
9-21 Commission, the Texas Department of Health, and shall publish
9-22 notice of the hearing in a newspaper with general circulation in
9-23 the district not later than the 10th day before the date set for
9-24 the hearing.
9-25 (c) Appeal for an order adopting standard specifications may
10-1 be made to the district court of Jefferson County, and the
10-2 substantial evidence rule applies.
10-3 (d) The district may seek injunctive relief against the
10-4 construction of any facility or addition to an existing facility or
10-5 against a facility whose operations are not in compliance with the
10-6 standard specifications.
10-7 (e) The standard specifications shall be filed with the
10-8 Texas Natural Resource Conservation Commission.
10-9 (f) Specifications adopted under this section do not apply
10-10 within the boundaries or extraterritorial jurisdiction of a
10-11 municipality unless the governing body of the municipality by
10-12 resolution gives its approval.
10-13 SECTION 13. CONSTRUCTION AND ACQUISITION OF SYSTEMS. (a)
10-14 The district may acquire any existing water system, sewer system,
10-15 or water and sewer system that serves all or part of the territory
10-16 located inside or outside the district's boundaries.
10-17 (b) The district may improve and extend an acquired system
10-18 or may construct a water system, sewer system, or a water and sewer
10-19 system.
10-20 (c) Construction contracts are governed by the competitive
10-21 bidding requirement provided by the Texas Local Government Code,
10-22 but contracts for the acquisition of existing water or sewer
10-23 facilities may be made on terms agreed on by the parties.
10-24 SECTION 14. NOTICE, ETC. The legislature finds that proper
10-25 and legal notice of the intention to introduce this Act, setting
11-1 forth the general substance of this Act, has been published as
11-2 provided by law, and the notice and a copy of this Act has been
11-3 furnished to all persons, agencies, officials, or entities to which
11-4 they are required to be furnished by the constitution and laws of
11-5 this state, including the governor of Texas, who has submitted the
11-6 notice and Act to the Texas Natural Resource Conservation
11-7 Commission. Also, the legislature finds that the Texas Natural
11-8 Resource Conservation Commission has filed its recommendations
11-9 relating to this Act with the governor, lieutenant governor, and
11-10 speaker of the house of representatives within the required time.
11-11 The general law relating to consent by political subdivisions to
11-12 the creation of conservation and reclamation districts and the
11-13 inclusion of land in those districts has been complied with, and
11-14 all requirements of the constitution and laws of this state and the
11-15 rules and procedures of this legislature with respect to the
11-16 notice, introduction, and passage of this Act have been fulfilled
11-17 and accomplished.
11-18 SECTION 15. DIRECTOR'S TERM OF OFFICE. (a) At the
11-19 confirmation and directors' election, the three directors receiving
11-20 the highest number of votes shall serve four-year terms and until
11-21 their successors are elected and have qualified. The four
11-22 directors receiving the fewest number of votes shall serve two-year
11-23 terms and until their successors are elected and have qualified.
11-24 In the event of a tie, the persons receiving the same number of
11-25 votes shall draw lots for the office or term. Successor directors
12-1 serve four-year terms.
12-2 (b) The initial board of directors serve until the first
12-3 regular meeting of the board following the date the confirmation
12-4 and directors' election returns are canvassed.
12-5 SECTION 16. EMERGENCY CLAUSE. The importance of this
12-6 legislation and the crowded condition of the calendars in both
12-7 houses create an emergency and an imperative public necessity that
12-8 the constitutional rule requiring bills to be read on three
12-9 separate days in each house be suspended, and this rule is hereby
12-10 suspended, and that this Act take effect and be in force from and
12-11 after its passage, and it is so enacted.