By Serna H.B. No. 3186
74R5864 KKA-F
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 El Paso County Municipal Utility
1-4 District No. 2.
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 El Paso County Municipal Utility
1-8 District No. 2, is created in El Paso County, subject to approval
1-9 at a confirmation election under Section 9 of this Act. The
1-10 district is 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 El
1-15 Paso County Municipal Utility District No. 2.
1-16 SECTION 3. BOUNDARIES. The district includes the territory
1-17 contained within the following area:
1-18 A 263.613 acre tract of land situated in El Paso County,
1-19 Texas in Survey No. 22, Texas and Pacific Railway Company, Block
1-20 79, Township 3 and the C.D. Stewart Survey No. 320 and being more
1-21 particularly described by metes and bounds as follows:
1-22 BEGINNING at a 1-inch galvanized iron pipe set up 2 inches
1-23 and marked "Tex. G.L.O. 1982 S W 22 T. & P." at the southwest
1-24 corner of Survey No. 22, Block 79, Township 3, T. & P. Railway
2-1 160,384.613 feet) bears N 8518'05" W, 5769.40 feet,
2-2 THENCE, N 0227'09" E, with the common line of Survey Numbers
2-3 319 and 22, a distance of 619.97 feet to a 5/8 inch rebar being on
2-4 the south right-of-way line of Eastlake Drive also being the
2-5 northwest corner of the parcel herein described:
2-6 THENCE, S 8654'36' E, with the south right-of-way line of
2-7 Eastlake Drive, a distance of 950.00 feet to a point being the
2-8 northeast corner of the parcel herein described;
2-9 THENCE, departing the said south right-of-way line of
2-10 Eastlake Drive and crossing said Tract 1 and 2 the following three
2-11 (3) courses:
2-12 1. S 1931'42" W, 1327.94 feet to a point,
2-13 2. S 2249'54" E, 2200.84 feet to a point, and
2-14 3. N 7227'33" E, 661.99 feet to a 5/8 rebar with
2-15 yellow cap no. 1862 for the most westerly southwest corner of that
2-16 certain tract of land designated as Tract 1 (225.653 acres)
2-17 conveyed by special warranty deed to 375/10 Texas Land, L.P. as
2-18 recorded in Volume 2615, Page 082 of the said Deed Records;
2-19 THENCE with the southwesterly line of said Tract 1 (225.653
2-20 acres) S 8654'33" E, 688.87 feet to a point;
2-21 THENCE, departing the said southwesterly line and crossing
2-22 said Tract 1 of Volume 2613, Page 0940 the following three (3)
2-23 courses:
2-24 1. S 7749'47" E, 326.86 feet to a point,
2-25 2. S 2550'56" E, 398.11 to a 5/8 inch rebar with
2-26 yellow cap No. 1862 for angle point of the said Tract 1 (225.653
2-27 acres), and
3-1 3. S 4441'13" E, 681.80 feet to a point in the said
3-2 southwesterly line of Tract 1 (225,653 acres);
3-3 THENCE along the said southwesterly line of Tract 1 (225,653
3-4 acre), S 0228'39" W, 441.80 feet to a 5/8 inch rebar with yellow
3-5 cap no. 1862 for the southern most southwesterly corner of said
3-6 Tract 1 (225.653 acre);
3-7 THENCE, departing the said southwesterly line of Tract 1
3-8 (225.653 acre) and crossing said Tract 1 (225.653 acre) the
3-9 following two (2) courses:
3-10 1. S 5801'23" W, 2027.69 feet to a point, and
3-11 2. S 0601'46" W, 385.52 feet to a point in the said
3-12 south line of Tract 1 (225,653 acres), being the common line to
3-13 C.D. Stewart Survey No. 320 and the C.D. Stewart Survey No. 322 for
3-14 the southeast corner of the herein described tract;
3-15 THENCE with the said common line to C.D. Stewart Survey No.
3-16 320 and the C.D. Stewart Survey No. 322, N 86'56'39" W, 2125.00
3-17 feet to a 5/8 inch rebar with yellow cap no. Tex 4178 mark in the
3-18 southwest corner of the C.D. Stewart No. 320;
3-19 THENCE with the common line of the C.D. Stewart Survey No.
3-20 320 and the C.D. Stewart Survey No. 318, N 02'27'09" W, 5251.43
3-21 feet to the POINT OF BEGINNING containing 263.613 acres of land
3-22 more or less.
3-23 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
3-24 finds that the boundaries and field notes of the district form a
3-25 closure. A mistake in the field notes or in copying the field
3-26 notes in the legislative process does not affect the organization,
3-27 existence, or validity of the district, the right of the district
4-1 to levy and collect taxes, or the legality or operation of the
4-2 district or its governing body.
4-3 SECTION 5. FINDING OF BENEFIT. All of the land and other
4-4 property included within the boundaries of the district will be
4-5 benefited by the works and projects that are to be accomplished by
4-6 the district under powers conferred by Section 59, Article XVI,
4-7 Texas Constitution. The district is created to serve a public use
4-8 and benefit.
4-9 SECTION 6. POWERS. (a) The district has all of the rights,
4-10 powers, privileges, authority, functions, and duties provided by
4-11 the general law of this state, including Chapters 50 and 54, Water
4-12 Code, applicable to municipal utility districts created under
4-13 Section 59, Article XVI, Texas Constitution. This Act prevails
4-14 over any provision of general law that is in conflict or
4-15 inconsistent with this Act.
4-16 (b) The rights, powers, privileges, authority, functions,
4-17 and duties of the district are subject to the continuing right of
4-18 supervision of the state to be exercised by and through the Texas
4-19 Natural Resource Conservation Commission.
4-20 SECTION 7. BOARD OF DIRECTORS. (a) The district is
4-21 governed by a board of five directors.
4-22 (b) Temporary directors serve until initial directors are
4-23 elected under Section 9 of this Act.
4-24 (c) Initial directors serve until permanent directors are
4-25 elected under Section 10 of this Act.
4-26 (d) Permanent directors serve staggered four-year terms.
4-27 (e) Each director must qualify to serve as director in the
5-1 manner provided by Section 54.025 or 54.116, Water Code, as
5-2 appropriate.
5-3 (f) A director serves until the director's successor has
5-4 qualified.
5-5 SECTION 8. APPOINTMENT OF TEMPORARY DIRECTORS. (a) On or
5-6 after the effective date of this Act, a person who owns land
5-7 included in the district may petition the Texas Natural Resource
5-8 Conservation Commission to appoint the five temporary directors
5-9 listed in the petition. The commission shall appoint the directors
5-10 listed in the petition. If the commission receives more than one
5-11 petition under this subsection, the commission shall appoint the
5-12 directors listed in the first petition the commission receives.
5-13 (b) A person appointed to be a temporary director shall take
5-14 the oath of office as soon as practicable.
5-15 (c) If an appointee of the commission fails to qualify or a
5-16 vacancy occurs in the office of temporary director, the commission
5-17 shall appoint an individual to fill the vacancy.
5-18 (d) As soon as all temporary directors have qualified, the
5-19 directors shall meet and elect officers from among their
5-20 membership.
5-21 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
5-22 (a) The temporary board of directors shall call and hold an
5-23 election to confirm establishment of the district and to elect five
5-24 initial directors as provided by Chapter 54, Water Code.
5-25 (b) Section 41.001(a), Election Code, does not apply to a
5-26 confirmation election held as provided by this section.
5-27 SECTION 10. ELECTION OF DIRECTORS. (a) On the first
6-1 Saturday in May that occurs in an even-numbered year after the date
6-2 on which the confirmation election is held, an election shall be
6-3 held in the district for the election of two directors who shall
6-4 each serve two-year terms and three directors who shall each serve
6-5 four-year terms.
6-6 (b) The board of directors by order may postpone the
6-7 election for two years if:
6-8 (1) the election will occur within 60 days after the
6-9 date on which the confirmation election is held; or
6-10 (2) the board determines that there is not sufficient
6-11 time to comply with the requirements of law and to order the
6-12 election.
6-13 (c) On the first Saturday in May of each even-numbered year
6-14 following the first election held under this section, the
6-15 appropriate number of directors shall be elected to the board.
6-16 SECTION 11. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
6-17 (a) The proper and legal notice of the intention to introduce this
6-18 Act, setting forth the general substance of this Act, has been
6-19 published as provided by law, and the notice and a copy of this Act
6-20 have been furnished to all persons, agencies, officials, or
6-21 entities to which they are required to be furnished by the
6-22 constitution and other laws of this state, including the governor,
6-23 who has submitted the notice and Act to the Texas Natural Resource
6-24 Conservation Commission.
6-25 (b) The Texas Natural Resource Conservation Commission has
6-26 filed its recommendations relating to this Act with the governor,
6-27 lieutenant governor, and speaker of the house of representatives
7-1 within the required time.
7-2 (c) All requirements of the constitution and laws of this
7-3 state and the rules and procedures of the legislature with respect
7-4 to the notice, introduction, and passage of this Act are fulfilled
7-5 and accomplished.
7-6 SECTION 12. EMERGENCY. The importance of this legislation
7-7 and the crowded condition of the calendars in both houses create an
7-8 emergency and an imperative public necessity that the
7-9 constitutional rule requiring bills to be read on three several
7-10 days in each house be suspended, and this rule is hereby suspended,
7-11 and that this Act take effect and be in force from and after its
7-12 passage, and it is so enacted.
7-13 COMMITTEE AMENDMENT NO. 1
7-14 Amend HB 3186 as follows:
7-15 1. In Section 3, make the following changes:
7-16 a. On page 2, line 4, change "09" to "07"; and
7-17 b. On page 3, line 22, change "W" to "E".
7-18 2. In Section 6, add new subsections (c), (d) and (e) to read as
7-19 follows:
7-20 (c) The powers, authority, functions, and duties of the
7-21 district, along with any outstanding bonded indebtedness of the
7-22 district, will be assumed by a political subdivision which may
7-23 annex the territory included in Section 3 of this Act as provided
7-24 for by Chapter 43, Local Government Code.
7-25 (d) Any facilities to be constructed or acquired by the
7-26 district must have the plans and specifications therefor approved
7-27 by the El Paso Water Utilities Public Service Board, which approval
8-1 shall not be unreasonably withheld or delayed. The El Paso Water
8-2 Utilities Public Service Board shall have the right to either
8-3 inspect or to act as the construction manager for the district's
8-4 facilities to ensure that the facilities meet the applicable
8-5 standards of the Public Service Board. The Public Service Board
8-6 shall be paid a reasonable fee by the district for such services
8-7 consistent with fees charged for similar services provided by the
8-8 Public Service Board on similar utility construction contracts.
8-9 (e) This Act shall not diminish or affect the City of El
8-10 Paso's extraterritorial jurisdiction or its rights under any
8-11 applicable provisions of the Texas Local Government Code.
8-12 3. In Section 7, delete old subsections (b)-(f) and add new
8-13 subsection (b) to read as follows:
8-14 (b) Temporary directors appointed in this Act shall serve
8-15 until permanent directors are elected under Section 9 of this Act.
8-16 Until permanent directors are elected and qualified to hold office,
8-17 the temporary directors shall exercise all rights, powers,
8-18 privileges, authority, functions and duties conferred upon the
8-19 District by general law, including Chapters 50 and 54, Water Code.
8-20 4. Strike Section 8 and substitute the following:
8-21 SECTION 8. APPOINTMENT OF TEMPORARY OFFICERS. (a) The
8-22 following persons are hereby appointed as the temporary directors
8-23 of the district:
8-24 1. Brad Bauma, El Paso County, Texas
8-25 2. Martin Lettunich, El Paso County, Texas
8-26 3. Reecie Lutich, El Paso County, Texas
8-27 4. L.J. Shamaley, El Paso County, Texas
9-1 5. Phil Lane, El Paso County, Texas
9-2 (b) The temporary directors shall take the oath of office
9-3 and execute bonds to qualify for holding their office as soon as
9-4 possible after the effective date of this Act.
9-5 5. Strike Section 9 and substitute the following:
9-6 SECTION 9. CONFIRMATION AND INITIAL ELECTION. (a) The
9-7 temporary board of directors shall call and hold an election to
9-8 confirm establishment of the district and to elect five initial
9-9 directors as provided by Chapter 54 Water Code. Also at that
9-10 election, the board may submit to the voters propositions to
9-11 authorize issuance of bonds, a maintenance tax, and a tax to make
9-12 payments under a contract.
9-13 (b) Section 41.001(a), Election Code does not apply to an
9-14 election held as provided by this section.
9-15 6. Strike Section 10 and renumber subsequent sections accordingly.
9-16 Yost