1-1 By: Stiles (Senate Sponsor - Galloway) H.B. No. 1531
1-2 (In the Senate - Received from the House April 18, 1995;
1-3 April 19, 1995, read first time and referred to Committee on
1-4 Natural Resources; April 24, 1995, rereferred to Committee on
1-5 Intergovernmental Relations; May 3, 1995, reported favorably by the
1-6 following vote: Yeas 10, Nays 0; May 3, 1995, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the creation, administration, powers, duties,
1-10 operation, and financing of the Hamshire Municipal Utility
1-11 District.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. CREATION. (a) A conservation and reclamation
1-14 district, to be known as the Hamshire Municipal Utility District,
1-15 is created in Jefferson County, subject to approval at a
1-16 confirmation election under Section 9 of this Act. The district is
1-17 a governmental agency and a body politic and corporate.
1-18 (b) The district is created under and is essential to
1-19 accomplish the purposes of Section 59, Article XVI, Texas
1-20 Constitution.
1-21 SECTION 2. DEFINITION. In this Act, "district" means the
1-22 Hamshire Municipal Utility District.
1-23 SECTION 3. BOUNDARIES. The district includes the territory
1-24 contained within the following area:
1-25 BEGINNING at the point of intersection of the Southeasterly
1-26 right-of-way line of Interstate Highway 10 and the West boundary
1-27 line of Jefferson County, Texas, the same being the East boundary
1-28 line of Chambers County, Texas;
1-29 THENCE in a Southerly direction along the West boundary line
1-30 of Jefferson County, Texas and the East boundary line of Chambers
1-31 County, Texas to a point in the North line of the J. A. Dunshie
1-32 Survey, Abstract No. 677, Jefferson County, Abstract No. 609,
1-33 Chambers County;
1-34 THENCE in a Easterly direction along and with the most
1-35 Northerly line of the Trinty Bay Conservation District and the same
1-36 being the North line of the said J. A. Dunshie Survey; the T. &
1-37 N.O.R.R. Survey, Section 181, Abstract No. 345; the E. I. White
1-38 Survey, Abstract No. 621; the T. & N.O.R.R. Survey, Section 183,
1-39 Abstract No. 346; the T.J. Baldwin Survey, Abstract No. 624; the
1-40 E.L. & R.R.R., Section 373, Abstract No. 551; the Stephen Eaton
1-41 Survey, Abstract No. 22; the J.L. Dyson Survey, Abstract No. 791;
1-42 the D.D. Dyson Survey, Abstract No. 790; the T. & N.O.R.R. Survey,
1-43 Section 215, Abstract No. 277; and the Seth Davis Survey, Abstract
1-44 No. 491 to a point for corner, said point being the most
1-45 Northeasterly corner of the Seth Davis Survey, Abstract No. 491;
1-46 THENCE in a Northerly direction along the East line of the
1-47 Seth Davis Survey, Abstract No. 490; the T. & N.O.R.R. Survey,
1-48 Section 169, Abstract No. 377; the J. E. Broussard Survey, Abstract
1-49 No. 482; and the T. & N.O.R.R. Survey, Section 149, Abstract No.
1-50 369 to a point for corner, said point being the most Northeasterly
1-51 corner of the T. & N.O.R.R. Survey Section 149;
1-52 THENCE in a Westerly direction to a point for corner along
1-53 the North line of the T. & N.O.R.R. Survey, Section 149 to the
1-54 intersection of the east line of the Lovan Hamshire Survey,
1-55 Abstract No. 507, said point being the most Southeasterly corner of
1-56 the Lovan Hamshire Survey, Abstract No. 507;
1-57 THENCE in a Northerly direction along the East line of the
1-58 Lovan Hamshire Survey, Abstract No. 507; and the T. & N.O.R.R.
1-59 Survey, Section 139, Abstract No. 364 to its intersection with the
1-60 North bank of the South Fork of Taylor's Bayou;
1-61 THENCE following and abutting the Southerly and Westerly
1-62 lines of the West Jefferson County Municipal Water District along
1-63 the following calls:
1-64 Westerly along the North bank of the South Fork of
1-65 Taylor's Bayou, the same being the most Southerly line
1-66 of the aforementioned Water District to the
1-67 intersection of a line 300 east of, and measured at
1-68 right angles to the West Line of the J. W. Denny
2-1 Survey, Abstract No. 747 and the A. D. Knowlton Survey,
2-2 Abstract No. 668;
2-3 Southerly on a line 300 feet East of and parallel to
2-4 the west line of the J. W. Denny Survey, Abstract No.
2-5 747 and the A. D. Knowlton Survey, Abstract No. 668, to
2-6 the North right-of-way line of State Highway 73 to a
2-7 point for corner;
2-8 Southerly and Southwesterly along the North
2-9 right-of-way line of State Highway 73 to its
2-10 intersection with the Southeasterly bank of Mayhaw
2-11 Bayou, to a point for corner;
2-12 Northeasterly along the meanders of the Southeast bank
2-13 of Mayhaw Bayou to its intersection with the North bank
2-14 of the South Fork of Taylor's Bayou, to a point for
2-15 corner;
2-16 Northwesterly along the meanders of the North bank of
2-17 the South Fork of Taylor's Bayou to its intersection
2-18 with the Northwesterly right-of-way of Interstate 10;
2-19 Northeasterly along the Northwesterly right-of-way of
2-20 Interstate 10 to its intersection with the North bank
2-21 of the North Fork of Taylor's Bayou;
2-22 Westerly along the meanders of the North bank of the
2-23 North Fork of Taylor's Bayou;
2-24 THENCE leaving the aforementioned District's boundary in a
2-25 Westerly direction along the meanders of the North bank of the
2-26 Taylor's Bayou to a point on the East line of the T. & N.O.R.R.
2-27 Survey, Section 63, Abstract No. 212;
2-28 THENCE in a Northerly direction along the East line of the T.
2-29 & N.O.R.R. Survey, Section 63, Abstract No. 212 to the most
2-30 Northeasterly corner of said survey to a point for corner;
2-31 THENCE in a Westerly direction along the North line of the T.
2-32 & N.O.R.R. Survey, Section 63, Abstract No. 212 to the most
2-33 Northwesterly corner of said survey to a point for corner;
2-34 THENCE in a Southerly direction along the West line of the T.
2-35 & N.O.R.R. Survey, Section 63, Abstract No. 212 and the C.J.
2-36 Peterson Survey, Abstract No. 594 to a point for corner on the
2-37 North line of the C.J. Peterson Survey, Abstract No. 591, said
2-38 point also being the most Southwesterly corner of the C.J. Peterson
2-39 Survey, Abstract No. 594;
2-40 THENCE in a Westerly direction along the North line of the
2-41 C.J. Peterson Survey, Abstract No. 591 to the most Northwesterly
2-42 corner of the said survey;
2-43 THENCE in a Southerly direction along the West line of the
2-44 C.J. Peterson Survey, Abstract No. 591 and the West boundary line
2-45 of Jefferson County, Texas, the same being the East boundary line
2-46 of Chambers County, Texas to the POINT OF BEGINNING.
2-47 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
2-48 finds that the boundaries and field notes of the district form a
2-49 closure. A mistake in the field notes or in copying the field
2-50 notes in the legislative process does not affect the organization,
2-51 existence, or validity of the district, the right of the district
2-52 to levy and collect taxes to issue bonds, or to pay the principal
2-53 of or interest on the bonds, or the legality or operation of the
2-54 district or its governing body.
2-55 SECTION 5. FINDING OF BENEFIT. All of the land and other
2-56 property included within the boundaries of the district will be
2-57 benefited by the works and projects that are to be accomplished by
2-58 the district under powers conferred by Section 59, Article XVI,
2-59 Texas Constitution. The district is created to serve a public use
2-60 and benefit.
2-61 SECTION 6. POWERS. (a) The district has all of the rights,
2-62 powers, privileges, authority, functions, and duties provided by
2-63 the general law of this state, including Chapters 50 and 54, Water
2-64 Code, applicable to municipal utility districts created under
2-65 Section 59, Article XVI, Texas Constitution. This Act prevails
2-66 over any provision of general law that is in conflict or
2-67 inconsistent with this Act.
2-68 (b) The rights, powers, privileges, authority, functions,
2-69 and duties of the district are subject to the continuing right of
2-70 supervision of the state to be exercised by and through the Texas
3-1 Natural Resource Conservation Commission.
3-2 SECTION 7. BOARD OF DIRECTORS. (a) The district is
3-3 governed by a board of seven directors.
3-4 (b) Temporary directors serve until initial directors are
3-5 elected under Section 9 of this Act.
3-6 (c) Initial directors serve until permanent directors are
3-7 elected under Section 10 of this Act.
3-8 (d) Permanent directors serve staggered four-year terms.
3-9 (e) Each director must qualify to serve as director in the
3-10 manner provided by Section 54.025 or 54.116, Water Code, as
3-11 appropriate.
3-12 (f) A director serves until the director's successor has
3-13 qualified.
3-14 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of
3-15 directors is composed of:
3-16 (1) Robert Lott;
3-17 (2) Jim Broussard;
3-18 (3) Forrest R. Jones III;
3-19 (4) Jimmy D. Gregory;
3-20 (5) George V. Morris;
3-21 (6) Jerry Sparks; and
3-22 (7) Shirley Verret.
3-23 (b) If a temporary director does not qualify for office, the
3-24 remaining directors shall appoint a person to fill the vacancy. If
3-25 at any time the number of qualified directors is less than seven
3-26 because of the failure or refusal of one or more directors to
3-27 qualify to serve, because of death or incapacitation, or for any
3-28 other reason, the Commissioners Court of Jefferson County shall
3-29 appoint the necessary number of directors to fill all vacancies on
3-30 the board.
3-31 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
3-32 (a) The temporary board of directors shall call and hold an
3-33 election to confirm establishment of the district and to elect
3-34 seven initial directors as provided by Chapter 54, Water Code.
3-35 (b) Section 41.001(a), Election Code, does not apply to a
3-36 confirmation election held as provided by this section.
3-37 (c) The ballot for the confirmation election may contain a
3-38 proposition for the levy of a maintenance tax or a special benefits
3-39 tax or both.
3-40 SECTION 10. ELECTION OF DIRECTORS. On the first Saturday in
3-41 May of the first odd-numbered year after the year in which the
3-42 confirmation election is held, an election shall be held in the
3-43 district for the election of four directors who shall each serve
3-44 two-year terms and three directors who shall each serve four-year
3-45 terms. Thereafter, on the same date in each subsequent second
3-46 year, the appropriate number of directors shall be elected to the
3-47 board.
3-48 SECTION 11. VACANCIES. If at any time and for any reason
3-49 the number of qualified directors is less than seven, the
3-50 Commissioners Court of Jefferson County shall appoint the necessary
3-51 number of directors to fill all vacancies on the board.
3-52 SECTION 12. SPECIAL BENEFITS TAX. (a) In addition to or
3-53 instead of an ad valorem tax, and for the purpose of pledging all
3-54 or part of the tax revenue to the payment of bonds, the district
3-55 may levy, assess, and collect an annual tax on all taxable real
3-56 property in the district apportioned and assessed according to the
3-57 special benefit received by the property as a result of district
3-58 improvements. Any property within 100 feet of a water line or
3-59 sewer line or both is considered to receive a special benefit, and
3-60 the tax authorized by this section may be imposed on that property.
3-61 (b) Before a tax or taxes may be levied under this section,
3-62 a public hearing must be held within the district after notice of
3-63 the hearing has been published in a newspaper of general
3-64 circulation in the district once a week for two consecutive weeks,
3-65 the date of the first publication to be at least 14 days before the
3-66 date of the hearing and a proposition authorizing the levy of the
3-67 tax must have been approved at an election called and conducted in
3-68 the manner prescribed for a bond election.
3-69 SECTION 13. PURCHASE OR SALE OF WATER. The district may
3-70 enter into contracts for the purchase or sale of both raw and
4-1 treated water.
4-2 SECTION 14. WATER RIGHTS. The district may acquire,
4-3 develop, and use underground or surface water rights.
4-4 SECTION 15. WATER SUPPLY FACILITY, SEWER SYSTEM, AND SOLID
4-5 WASTE DISPOSAL FACILITY STANDARDS. (a) Subject to the authority
4-6 of the Texas Natural Resource Conservation Commission, the board of
4-7 directors by rule may establish standard specifications for
4-8 facilities within the district's boundaries that are designed or
4-9 constructed to provide:
4-10 (1) storage, treatment, or transportation of water for
4-11 domestic, municipal, or industrial purposes;
4-12 (2) collection, treatment, and disposal of sewage; or
4-13 (3) disposal of solid wastes.
4-14 (b) Appeal from an order adopting standard specifications is
4-15 to the district court of Jefferson County, and the substantial
4-16 evidence rule applies.
4-17 (c) The district may seek to enjoin the construction of a
4-18 facility, an addition to an existing facility, or the operation of
4-19 a facility that is not in compliance with the standard
4-20 specifications.
4-21 (d) The standard specifications shall be filed with the
4-22 Texas Natural Resource Conservation Commission.
4-23 (e) Specifications adopted under this section do not apply
4-24 within the boundaries or extraterritorial jurisdiction of a
4-25 municipality unless the governing body of the municipality by
4-26 resolution consents.
4-27 SECTION 16. CONTRACT FOR ACQUISITION OF EXISTING SYSTEMS. A
4-28 contract for the acquisition of an existing water or sewer facility
4-29 may be made on terms agreed on by the parties.
4-30 SECTION 17. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
4-31 (a) The proper and legal notice of the intention to introduce this
4-32 Act, setting forth the general substance of this Act, has been
4-33 published as provided by law, and the notice and a copy of this Act
4-34 have been furnished to all persons, agencies, officials, or
4-35 entities to which they are required to be furnished by the
4-36 constitution and other laws of this state, including the governor,
4-37 who has submitted the notice and Act to the Texas Natural Resource
4-38 Conservation Commission.
4-39 (b) The Texas Natural Resource Conservation Commission has
4-40 filed its recommendations relating to this Act with the governor,
4-41 lieutenant governor, and speaker of the house of representatives
4-42 within the required time.
4-43 (c) All requirements of the constitution and laws of this
4-44 state and the rules and procedures of the legislature with respect
4-45 to the notice, introduction, and passage of this Act are fulfilled
4-46 and accomplished.
4-47 SECTION 18. EMERGENCY. The importance of this legislation
4-48 and the crowded condition of the calendars in both houses create an
4-49 emergency and an imperative public necessity that the
4-50 constitutional rule requiring bills to be read on three several
4-51 days in each house be suspended, and this rule is hereby suspended,
4-52 and that this Act take effect and be in force from and after its
4-53 passage, and it is so enacted.
4-54 * * * * *