By: Rosson S.B. No. 1663
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation, administration, powers, duties,
1-2 operation, and financing of the Paseo del Este Municipal Utility
1-3 District, and the extraterritorial jurisdiction of certain
1-4 municipalities.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 ARTICLE I. GENERAL PROVISIONS
1-7 SECTION 1.01. CREATION. (a) By virtue of Article XVI,
1-8 Section 59, Texas Constitution, a conservation and reclamation
1-9 district is hereby created to be known as Paseo del Este Municipal
1-10 Utility District (hereinafter the "district"), which shall be a
1-11 governmental agency and a body politic and corporate. The
1-12 requirements in Chapters 51 and 54, Texas Water Code, for
1-13 confirmation and initial director elections shall not apply to the
1-14 district.
1-15 (b) The district is created under and is essential to
1-16 accomplish the purposes of Article XVI, Section 59, Texas
1-17 Constitution. The district shall have all of the powers of
1-18 municipal utility districts established under Chapter 54, Texas
1-19 Water Code, and the district shall conduct its affairs subject to
1-20 Chapters 51 and 54, Texas Water Code, unless otherwise provided in
1-21 this Act.
1-22 SECTION 1.02. TERRITORY. (a) The district shall comprise
1-23 all of the following territory: Section 315 1/2, C. D. Stewart
2-1 Survey, El Paso County, Texas; Parcels A, B-1 and C-1, Section 317,
2-2 C. D. Stewart Survey, El Paso County, Texas, as described in deed
2-3 from EP Covington Capital Corp. to the State of Texas, recorded in
2-4 Volume 2249, Page 1815, Real Property Records of El Paso County,
2-5 Texas; Section 318, C. D. Stewart Survey, El Paso County, Texas;
2-6 Section 319, C. D. Stewart Survey, El Paso County, Texas; Parcels
2-7 B-2 and C-2, Section 316, O. A. Danielson Survey, El Paso County,
2-8 Texas, as described in deed from EP Covington Capital Corp. to the
2-9 State of Texas, recorded in Volume 2249, Page 1815, Real Property
2-10 Records of El Paso County, Texas; all of the south one-half of
2-11 Section 18, Texas and Pacific Railroad Company Survey, Block 79,
2-12 Township 3, El Paso County, Texas; all of the northeast one-fourth
2-13 of Section 18, Texas and Pacific Railroad Company Survey, Block 79,
2-14 Township 3, El Paso County, Texas; all of the southwest one-fourth
2-15 of Section 21, Texas and Pacific Railroad Company Survey, Block 79,
2-16 Township 3, El Paso County, Texas; Tracts 1, 2 and 3, Section 21,
2-17 Texas and Pacific Railroad Company Survey, Block 79, Township 3, El
2-18 Paso County, Texas, as described in deed from MBJR Trust and Barry
2-19 Lang to the State of Texas, recorded in Volume 2595, Page 1517,
2-20 Real Property Records of El Paso County, Texas; part of Section 21,
2-21 Texas and Pacific Railroad Company Survey, Block 79, Township 3, El
2-22 Paso County, Texas, as described in deed from Socorro Independent
2-23 School District to the State of Texas, recorded in Volume 2361,
2-24 Page 831, Real Property Records of El Paso County, Texas; all of
2-25 Section 22, Texas and Pacific Railroad Company Survey, Block 79,
3-1 Township 3, El Paso County, Texas, SAVE AND EXCEPT: (1) 7.889
3-2 acres, being the remainder of a 38.18 acre tract, as described in
3-3 deed from Texas Pacific Land Trust to Socorro Independent School
3-4 District, recorded in Volume 1302, Page 769, Real Property Records
3-5 of El Paso County, Texas, (2) Tracts 2 and 3, as described in deed
3-6 from the State of Texas to 375/10 Texas Land L. P., recorded in
3-7 Volume 2595, Page 1504, Real Property Records of El Paso County,
3-8 Texas, and (3) Tracts 2 and 3, as described in deed from the State
3-9 of Texas to MBJR Trust and Barry Lang, recorded in Volume 2595,
3-10 Page 1517, Real Property Records of El Paso County, Texas.
3-11 (b) The legislature finds that the boundaries, patents
3-12 and/or field notes of the district form a closure. A mistake in
3-13 the patents or field notes, or in copying the patents or field
3-14 notes in the legislative process, does not affect the organization,
3-15 existence, or validity of the district, the rights of the district
3-16 to issue bonds or refunding bonds, or to pay the principal of or
3-17 interest on the bonds, the right of the district to levy and
3-18 collect taxes, or the legality or operation of the district or its
3-19 board.
3-20 (c) Land included within the boundaries of a special utility
3-21 district created under Article XVI, Section 59, which is subject to
3-22 a district's outstanding indebtedness secured by taxes or net
3-23 revenues on the effective date of this Act shall not be included
3-24 within the district. If the property described in subsection (a)
3-25 includes any land subject to a tax or net revenue pledge by a
4-1 district, it shall be excluded, and the remainder of this Act shall
4-2 not be affected thereby.
4-3 ARTICLE II. ADMINISTRATIVE PROVISIONS
4-4 SECTION 2.01. BOARD. The district shall be governed by, and
4-5 all powers of the district shall be exercised by, a board of five
4-6 directors.
4-7 SECTION 2.02. DIRECTOR ELIGIBILITY. Other than initial
4-8 directors, to be eligible for appointment as a director, a person
4-9 must be a resident of El Paso County. To be eligible for
4-10 appointment as an initial director, a person must be a resident of
4-11 El Paso County or Travis County.
4-12 SECTION 2.03. TERMS OF DIRECTORS AND APPOINTMENT PROCEDURES.
4-13 (a) Other than initial directors, directors serve staggered terms
4-14 of four years, with terms expiring September 1 of each odd-numbered
4-15 year.
4-16 (b) Appointment of initial directors shall be made promptly
4-17 by the School Land Board after this Act takes effect. The School
4-18 Land Board shall appoint two initial directors to serve terms
4-19 expiring September 1, 1997, and three initial directors to serve
4-20 terms expiring September 1, 2001. If an initial director dies,
4-21 resigns, or is otherwise removed, the School Land Board shall
4-22 appoint a successor to serve the unexpired term. When a director's
4-23 term expires, his successor shall be elected as provided in Section
4-24 5 of this Act.
4-25 SECTION 2.04. ELECTION OF PERMANENT DIRECTORS.
5-1 (a) Each director shall serve his term of office as herein
5-2 provided, and thereafter until his successor shall be appointed or
5-3 elected and qualified. Elections for permanent directors are to be
5-4 held on the uniform dates for elections set forth in Section
5-5 41.001, Election Code. Upon election of permanent directors, the
5-6 directors shall serve until September of the second odd-numbered
5-7 year after the expiration of two years from the date of the
5-8 election.
5-9 (b) Notice of elections shall be given by the board of
5-10 directors by publishing a copy thereof once a week for two
5-11 consecutive weeks in a newspaper of general circulation in the
5-12 district, the first publication being at least 14 days prior to the
5-13 election.
5-14 SECTION 2.05. QUALIFICATION OF DIRECTOR. Except for initial
5-15 directors, no person shall be qualified to serve as a director
5-16 unless he resides in and owns taxable property in the district.
5-17 Initial directors shall be over 18 years of age and residents of
5-18 either El Paso County or Travis County. No employee of the
5-19 district shall serve as director. Such directors shall subscribe
5-20 the constitutional oath of office. Except for the initial
5-21 directors, each director shall give bond for the faithful
5-22 performance of his duties as is required by Section 51.079, Texas
5-23 Water Code, the cost of which shall be paid by the district.
5-24 SECTION 2.06. MEETINGS AND ACTIONS OF BOARD. (a) The board
5-25 may establish regular meetings to conduct district business and may
6-1 hold special meetings at other times as the business of the
6-2 district requires. The board shall hold its meetings within the
6-3 district unless the board, by a majority vote at a public meeting,
6-4 votes to hold a meeting or meetings outside the district.
6-5 (b) A majority of the directors shall constitute a quorum of
6-6 the board. A vote of a majority of the quorum present shall be
6-7 necessary to pass on any question before the board. The board may
6-8 adopt bylaws to govern its affairs. The board may adopt a seal for
6-9 the district. The board may provide in the bylaws that, except for
6-10 the initial directors, each director shall receive a fee of $20 for
6-11 attending each meeting of the board, provided that not more than
6-12 $40 shall be paid to any director for meetings held in any one
6-13 calendar month.
6-14 SECTION 2.07. ORGANIZATION OF BOARD. The board of directors
6-15 shall elect from its members a president and a vice-president of
6-16 the district, and such other officers as in the judgment of the
6-17 board are necessary. The president shall be the chief executive
6-18 officer of the district and the presiding officer of the board and
6-19 shall have the same right to vote as any other director. The
6-20 vice-president shall perform all duties and exercise all powers
6-21 conferred by this Act upon the president when the president is
6-22 absent or fails or declines to act. The board shall also appoint a
6-23 secretary and a treasurer who may or may not be members of the
6-24 board, and it may combine such offices. Except for the initial
6-25 treasurer, the treasurer shall give bond in such amount as may be
7-1 required by the board of directors, but in no event less than
7-2 $100,000. The condition of such bond shall be that he will
7-3 faithfully account for all money which shall come into his custody
7-4 as treasurer of the district. Until the district shall have
7-5 authorized the issuance of bonds, the amount of the official bond
7-6 of the treasurer may be fixed by the board of directors in any
7-7 amount not less than $5,000.
7-8 SECTION 2.08. INTEREST IN CONTRACT. A director who is
7-9 financially interested in a contract proposed to be executed by the
7-10 district for the purchase of property or services or the
7-11 construction of facilities shall disclose the interest to the board
7-12 and may not vote on the acceptance of the contract.
7-13 SECTION 2.09. DISTRICT EMPLOYEES. The board shall have
7-14 authority to employ a general manager and all consulting engineers,
7-15 financial consultants, attorneys, and auditors. The general
7-16 manager shall be responsible for:
7-17 (a) administering the board's directives;
7-18 (b) keeping the district's records, including minutes of
7-19 board meetings;
7-20 (c) coordinating with federal, state, and local agencies;
7-21 (d) developing plans and programs for the board's approval;
7-22 (e) hiring, supervising, training, and discharging the
7-23 district's employees;
7-24 (f) obtaining technical, scientific, legal, fiscal, and
7-25 other professional services; and
8-1 (g) performing any other duties the board assigns.
8-2 SECTION 2.10. EMPLOYEE BONDS. (a) The general manager and
8-3 each employee of the district who is charged with the collection,
8-4 custody, or payment of any money of the district shall execute a
8-5 fidelity bond in an amount determined by the board and in a form
8-6 and with a surety approved by the board.
8-7 (b) The district shall pay the premium on each employee bond
8-8 under this section.
8-9 SECTION 2.11. PRINCIPAL OFFICE. Until such time as it
8-10 issues bonds, the district may maintain its principal office in
8-11 either El Paso County or Travis County; provided, if the district
8-12 maintains its principal office in Travis County, it shall maintain
8-13 duplicate records in El Paso County, and the duplicate records
8-14 shall be available for inspection during regular business hours.
8-15 After it issues bonds, the district shall maintain its office in El
8-16 Paso County.
8-17 SECTION 2.12. RECORDS. (a) The district shall keep:
8-18 (1) complete and accurate accounts of its business
8-19 transactions in accordance with generally accepted methods of
8-20 accounting;
8-21 (2) complete and accurate minutes of its meetings; and
8-22 (3) its accounts, contracts, documents, minutes, and
8-23 other records at its principal office.
8-24 (b) The district shall permit reasonable public inspection
8-25 of its records during regular business hours.
9-1 SECTION 2.13. SUIT. The district may sue and be sued in its
9-2 corporate name.
9-3 ARTICLE 3. POWERS AND DUTIES
9-4 SECTION 3.01. (a) The district shall:
9-5 (1) administer and enforce the terms of this Act;
9-6 (2) use its facilities and powers to accomplish the
9-7 purposes of this Act;
9-8 (3) coordinate the provision of water, wastewater, and
9-9 drainage services; and
9-10 (4) control and abate water pollution within the
9-11 district.
9-12 (b) The creation of a local government, political
9-13 subdivision, or municipal corporation within the district, or
9-14 annexation of district territory by a local government, political
9-15 subdivision, or municipal corporation is prohibited unless approved
9-16 by board resolution.
9-17 (c) Subject only to the authority of the Texas Natural
9-18 Resource Conservation Commission, the district has exclusive
9-19 authority to control and abate water pollution within the district.
9-20 (d) Except as expressly limited by this Act, the district
9-21 shall have all of the powers, rights, and privileges necessary and
9-22 convenient for accomplishing the purposes of this Act conferred by
9-23 general law upon any conservation and reclamation district created
9-24 under Article XVI, Section 59, Texas Constitution.
9-25 (e) The powers granted to the district in this Act are
10-1 cumulative of all powers granted by other law.
10-2 SECTION 3.02. DISTRICT RULES. (a) The district may adopt
10-3 and enforce rules reasonably required to implement this Act,
10-4 including rules governing procedure and practice before the board.
10-5 (b) The district shall print its rules and furnish copies of
10-6 the rules to any person on written request.
10-7 SECTION 3.03. INSPECTIONS AND INVESTIGATIONS. The district
10-8 may enter public or private property in the district for the
10-9 purpose of inspecting and investigating conditions relating to its
10-10 authorized purposes under the same provisions and restrictions
10-11 applicable to the Texas Natural Resource Conservation Commission.
10-12 SECTION 3.04. HEARING AND ORDER. (a) The board may:
10-13 (1) hold hearings, receive evidence from any party in
10-14 interest who appears before the board, compel the attendance of
10-15 witnesses, and make findings of fact and determinations with
10-16 respect to administering this Act or any order of rule of the
10-17 district; and
10-18 (2) delegate to one or more of its members or
10-19 employees the authority to take testimony and administer oaths in
10-20 any hearing held or authorized to be held by the district.
10-21 (b) An order of the board must be:
10-22 (1) in the district's name; and
10-23 (2) attested by proper members of the board under the
10-24 district's rules.
10-25 SECTION 3.05. CIVIL PENALTY; INJUNCTION. (a) A person who
11-1 violates a rule, permit, or order of the district is subject to a
11-2 civil penalty of not less than $50 and not more than $1,000 for
11-3 each violation or each day of a continuing violation.
11-4 (b) The district may sue to enjoin a threatened or present
11-5 activity, or to recover the penalty, in a district court in the
11-6 county where the violation occurred. The penalty shall be paid to
11-7 the district.
11-8 SECTION 3.06. PERMITS/CONTRACTS/COOPERATIVE AGREEMENTS.
11-9 (a) The district is authorized to acquire water appropriation
11-10 permits, construction permits and other water and wastewater
11-11 discharge permits directly from the Texas Natural Resource
11-12 Conservation Commission or from owners of permits. The district is
11-13 also authorized to acquire water or a water supply from any person,
11-14 firm, corporation, municipal corporation, public agency, the State
11-15 of Texas, or from the United States government or any of its
11-16 agencies. The district may, within the discretion of its board,
11-17 contract with one or more substantial users of water to acquire
11-18 such water supply on an agreed allocation of storage space as
11-19 between the district and such user, or may contract independently
11-20 for the district's water supply. The district is authorized to
11-21 collect, transport, process, dispose of, and control all domestic,
11-22 industrial, or communal wastes, whether in fluid, solid, or
11-23 composite state. The district is authorized to contract with any
11-24 person, firm, corporation, municipal corporation, public agency,
11-25 the State of Texas, or from the United States government or any of
12-1 its agencies for the collection, transportation, processing,
12-2 disposition of, and control of all domestic, industrial, or
12-3 communal wastes.
12-4 (b) The district is authorized to enter into contracts with
12-5 the State of Texas, cities and districts organized pursuant to
12-6 Article XVI, Section 59, Texas Constitution, and others for
12-7 supplying water or providing services pertaining to domestic,
12-8 industrial, or commercial wastes. The district is also authorized
12-9 to contract with any city, district, or other person for the rental
12-10 or leasing of, or for the operation of the water production, water
12-11 supply, water filtration, or purification, and water supply
12-12 facilities and facilities for providing services pertaining to such
12-13 wastes of such city, such district, or other person upon such
12-14 consideration as the district and the city, the district, or other
12-15 person may agree. Any such contract may be upon such terms and for
12-16 such time as the parties may agree, and it may provide that it
12-17 shall continue in effect until bonds or notes specified therein and
12-18 refunding bonds issued in lieu of such bonds or notes are paid.
12-19 All such cities and districts are authorized to enter into such
12-20 contracts with the district and to fix, charge, and collect fees,
12-21 rates, charges, rentals, and other amounts for any service or
12-22 facilities provided pursuant to or in connection with any contract
12-23 with this district, and to pledge such amounts sufficient to make
12-24 all payments required under the contract.
12-25 SECTION 3.07. FACILITIES. The district is authorized to
13-1 purchase, construct, acquire, own, lease, operate, maintain,
13-2 repair, improve, and extend inside and outside its boundaries, at
13-3 any location whatsoever, in the sole discretion of the district,
13-4 land and any interest in land, any and all works, improvements,
13-5 facilities, plants, equipment, and appliances incident, helpful, or
13-6 necessary to provide for: (1) the control, storage, preservation,
13-7 transmission, treatment, and distribution and use of storm water
13-8 and floodwater, the water of rivers and streams, and underground
13-9 water, for municipal, domestic, industrial, and other beneficial
13-10 uses, and (2) the collection, transportation, processing,
13-11 disposition, and control of domestic, industrial, or commercial
13-12 wastes. The district shall have the authority to enter into any
13-13 contract with any person, firm, corporation, city, district,
13-14 municipal corporation, public agency, or other political
13-15 subdivision, and to perform any other act consistent with the
13-16 powers herein granted to carry out any such power.
13-17 SECTION 3.08. ACQUISITION AND DISPOSITION OF PROPERTY. The
13-18 district is authorized to use any public roadway, street, alley, or
13-19 easement in El Paso County to accomplish its purposes, without the
13-20 necessity of securing a franchise or other governmental agreement.
13-21 SECTION 3.09. RELOCATION OF FACILITIES. In the event that
13-22 the district, in the exercise of its powers, makes necessary the
13-23 relocation, raising, rerouting, or changing the grade of, or
13-24 altering the construction of any highway, railroad, electric
13-25 transmission line, pipeline, canal, or drainage ditch, all such
14-1 necessary relocation, raising, rerouting, changing of grade, or
14-2 alteration of construction shall be accomplished at the sole
14-3 expense of the district, unless otherwise agreed upon in writing by
14-4 interested parties; provided, however, in the case of replacement,
14-5 the cost of such action shall be limited to the comparable
14-6 replacement of any replaced facility, less the replaced facility's
14-7 net salvage value.
14-8 SECTION 3.10. CONSTRUCTION CONTRACTS. Any construction
14-9 contract requiring an expenditure of more than $50,000 shall be
14-10 made after publication of a notice to bidders once each week for a
14-11 minimum of two weeks before awarding the contract. Such notice
14-12 shall be sufficient if it states the time and place when and where
14-13 the bids will be opened, the general nature of the work to be done,
14-14 or the material, equipment, or supplies to be purchased, and states
14-15 where and the terms upon which copies of the plans and
14-16 specifications may be obtained. The publication shall be in a
14-17 newspaper of general circulation published in the district and
14-18 designated by the board of directors. It shall not be necessary to
14-19 advertise work to be performed in an emergency situation.
14-20 ARTICLE 4. GENERAL FISCAL PROVISIONS
14-21 SECTION 4.01. DISBURSEMENT OF MONEY. The district may
14-22 disburse money only by check, draft, order, or other instrument
14-23 signed by the person or persons authorized in the board's bylaws or
14-24 by board resolution.
14-25 SECTION 4.02. FEES AND CHARGES. The district may establish
15-1 fees and charges not to exceed the amounts necessary to enable the
15-2 district to fulfill the obligations imposed on it by this Act.
15-3 SECTION 4.03. LOANS AND GRANTS. The district may apply for
15-4 and receive loans and grants from the federal government, the state
15-5 government, or any agencies thereof, or from a private source, for
15-6 the purpose of carrying out one or more of its powers. The
15-7 district may enter into any agreement in connection with a loan or
15-8 grant that does not conflict with federal or state law.
15-9 SECTION 4.04. FISCAL YEAR. The board shall establish the
15-10 district's fiscal year.
15-11 SECTION 4.05. INDEPENDENT AUDIT AND REPORT. (a) The board
15-12 shall have an audit of the district's affairs for each fiscal year
15-13 prepared by an independent certified public accountant of
15-14 recognized integrity and ability.
15-15 (b) The district shall keep at least one copy of the most
15-16 recent audit at the district's office.
15-17 (c) The district shall make a copy of the most recent audit
15-18 available for inspection by any interested person during regular
15-19 business hours.
15-20 SECTION 4.06. DEPOSITORY BANKS. (a) The board shall
15-21 designate one or more banks to serve as depository or depositories
15-22 for the funds of the district. All funds of the district shall be
15-23 deposited in such depository bank or banks, except that funds
15-24 pledged to pay bonds or notes may be deposited with trustee banks
15-25 named in the trust agreement or bond or note resolution, and except
16-1 that funds shall be remitted to the bank of payment for the payment
16-2 of principal of and interest on bonds and notes. To the extent
16-3 that funds in the depository banks and a trustee bank are not
16-4 insured by the Federal Deposit Insurance Corporation they shall be
16-5 secured in the manner provided by law for the security of state
16-6 funds.
16-7 (b) Before designating a depository bank, the board shall
16-8 publish notice at least once in a newspaper of general circulation
16-9 in the district requesting applications from banks interested in
16-10 serving as a depository. The notice shall include the time and
16-11 location of the board meeting at which the board proposes to
16-12 designate a depository bank. The board shall prescribe the term of
16-13 service of a depository bank.
16-14 (c) At the time stated in the notice required by subsection
16-15 (b) of this section, the board shall consider the applications
16-16 received and the management and condition of each bank that files
16-17 an application. The board may designate as a depository the bank
16-18 or banks that offer the most favorable terms and conditions for the
16-19 handling of the district's money and that have proper management
16-20 and the ability to properly handle the district's money.
16-21 Membership of an officer or director of a bank on the board of the
16-22 district does not disqualify the bank from being designated as a
16-23 depository.
16-24 (d) If no application is received by the time stated in the
16-25 notice, the board may designate a bank or banks on such terms and
17-1 conditions as the board considers prudent.
17-2 ARTICLE 5. BOND AND TAX PROVISIONS
17-3 SECTION 5.01. TAX/REVENUE BONDS. (a) For the purpose of
17-4 carrying out any power or authority conferred by this Act, the
17-5 district may issue its bonds or other obligations in three general
17-6 classes:
17-7 (1) secured by ad valorem taxes;
17-8 (2) secured by a pledge of all or part of the revenues
17-9 accruing to the district, including without limitation those
17-10 received from sale of water or other products, rendition of
17-11 service, tolls, charges, and from all other sources other than ad
17-12 valorem taxes; and
17-13 (3) secured by a combination pledge of all or part of
17-14 the revenues described in Subdivision (2) of this subsection, and
17-15 taxes.
17-16 (b) The obligations shall be authorized by resolution of the
17-17 board and shall be issued in the name of the district, shall be
17-18 signed by the president or any vice-president, shall be attested by
17-19 the secretary, and shall bear the seal of the district. If
17-20 authorized by the board, the signatures of the president, or any
17-21 vice-president, and the secretary or of both may be printed or
17-22 lithographed on the obligations, and the seal of the district may
17-23 be impressed on the obligations or may be printed or lithographed
17-24 on the obligations. The obligations shall be in the form
17-25 prescribed by the board, shall be in any denomination or
18-1 denominations, shall mature serially or otherwise in not to exceed
18-2 50 years from their date, shall bear any interest, and may be sold
18-3 at a price and under terms determined by the board to be the most
18-4 advantageous reasonably obtainable, and within the discretion of
18-5 the board, may be made callable prior to maturity at the times and
18-6 prices prescribed in the obligations, and may be made registrable
18-7 as to principal or as to both principal and interest. The
18-8 obligations may be further secured by an indenture of trust with a
18-9 corporate trustee.
18-10 (c) Obligations may be issued in more than one series, and
18-11 from time to time, as required for carrying out the purposes of
18-12 this Act. Any pledge of revenue may reserve the right, under
18-13 conditions therein specified, to issue additional obligations which
18-14 will be on a parity with or subordinate to the obligations then
18-15 being issued.
18-16 (d) The district is an "issuer" for the purpose of
18-17 definitions in Article 717q, Revised Statutes.
18-18 (e) The resolution authorizing the obligations or the trust
18-19 indenture further securing the obligations may specify additional
18-20 provisions which shall constitute a contract between the district
18-21 and the owners of such obligations. The board shall have full
18-22 discretion in providing for the additional provisions, including
18-23 the authority to provide for a corporate trustee or receiver to
18-24 take possession of facilities of the district in the event of
18-25 default on the part of the district in fulfilling the covenants
19-1 therein made.
19-2 (f) The district shall not issue bonds or otherwise encumber
19-3 Permanent School Fund land contained within the boundaries of the
19-4 district.
19-5 SECTION 5.02. BOND ANTICIPATION NOTES. The district may
19-6 issue bond anticipation notes from time to time for the purpose of
19-7 carrying out any one or more of its powers. Such bond anticipation
19-8 notes may or may not be secured by a pledge of all or part of
19-9 revenues of the district. The district may from time to time
19-10 authorize the issuance of bonds for the purpose of providing
19-11 proceeds to pay the principal of and interest on bond anticipation
19-12 notes. Such bonds shall be secured by a pledge of all or part of
19-13 the revenues of the district, and may be issued on a parity with or
19-14 subordinate to outstanding bonds of the issuer. If the resolution
19-15 or trust agreement authorizing the issuance of bond anticipation
19-16 notes contains a covenant to the effect that such notes shall be
19-17 payable from the proceeds of the subsequently issued bonds, it
19-18 shall not be necessary to demonstrate for the purposes of receiving
19-19 the approval of the attorney general or registration by the
19-20 comptroller that the revenues that may be pledged to such notes
19-21 will be sufficient to pay the principal of and interest on the
19-22 notes.
19-23 SECTION 5.03. REFUNDING BONDS. (a) The district may issue
19-24 refunding bonds to refund outstanding bonds and interest authorized
19-25 by this Act.
20-1 (b) Refunding bonds may:
20-2 (1) be issued to refund one or more series of
20-3 outstanding bonds;
20-4 (2) combine the pledges for the outstanding bonds for
20-5 the security of the refunding bonds;
20-6 (3) be secured by other or additional revenues.
20-7 (c) The refunding bonds may be issued without having been
20-8 authorized at an election. The provisions of this Act applicable
20-9 to the district's issuance of other bonds, their security, their
20-10 approval by the attorney general, and the remedies of the holders
20-11 are applicable to refunding bonds.
20-12 (d) Refunding bonds shall be registered by the comptroller
20-13 of public accounts on surrender and cancellation of the bonds to be
20-14 refunded. Alternatively, the resolution authorizing the issuance
20-15 of refunding bonds may provide that the bonds shall be sold and the
20-16 resulting proceeds deposited in the bank where the bonds to be
20-17 refunded are payable, in which case the refunding bonds may be
20-18 issued in an amount sufficient to pay the principal and interest of
20-19 the bonds to be refunded to their option or maturity date. The
20-20 comptroller of public accounts shall register the refunding bonds
20-21 without concurrent surrender and cancellation of the bonds to be
20-22 refunded.
20-23 SECTION 5.03. APPROVAL AND REGISTRATION OF BONDS. After the
20-24 district authorizes any bonds, the district shall submit the bonds
20-25 and the record relating to their issuance to the attorney general
21-1 for approval. If the bonds are secured by a pledge of the proceeds
21-2 of a contract between the district and a municipality or other
21-3 governmental agency, authority, or district, the district shall
21-4 submit to the attorney general a copy of the contract and the
21-5 proceedings of the municipality or other governmental agency,
21-6 authority, or district authorizing the contract. If the attorney
21-7 general finds that such bonds have been authorized in accordance
21-8 with law, and, if submitted, such contract has been made in
21-9 accordance with law, the attorney general shall approve the bonds
21-10 and, if submitted, any such contract, and thereupon the bonds shall
21-11 be registered by the comptroller of public accounts of the State of
21-12 Texas; and after such approval and registration, such bonds and any
21-13 such contract shall be incontestable in any court or other forum
21-14 for any reason, and shall be valid and binding obligations in
21-15 accordance with their terms for all purposes. Except as provided
21-16 in Section 5.01, the foregoing shall also apply to bond
21-17 anticipation notes.
21-18 SECTION 5.04. TAXATION. (a) Except for land owned by the
21-19 Permanent School Fund, the board may levy and collect ad valorem
21-20 taxes for the maintenance of the district and its improvements or
21-21 for administrative expenses of the district, or for both purposes,
21-22 in such amounts as are voted in accordance with this Act.
21-23 (b) The maintenance tax and administration tax shall not
21-24 exceed the maximum rate voted, and the authorized rate shall remain
21-25 in effect until or unless changed by subsequent vote.
22-1 SECTION 5.05. All bonds and notes of the district shall be
22-2 and are hereby declared to be legal and authorized investments for
22-3 banks, savings banks, trust companies, savings and loan
22-4 associations, insurance companies, fiduciaries, trustees,
22-5 guardians, and for the sinking funds of cities, towns, villages,
22-6 counties, school districts, or other political corporations or
22-7 subdivisions of the State of Texas. Such bonds and notes shall be
22-8 eligible to secure the deposit of any and all public funds of the
22-9 State of Texas, and any and all public funds of cities, towns,
22-10 villages, counties, school districts, or other political
22-11 corporations or subdivisions of the State of Texas; and such bonds
22-12 shall be lawful and sufficient security for said deposits to the
22-13 extent of their value.
22-14 SECTION 5.06. TAX ELECTION. No ad valorem tax for any
22-15 purpose authorized in this Act may be levied or collected and no
22-16 obligations payable wholly or partially from ad valorem taxes,
22-17 except refunding bonds, may be issued unless an election is held in
22-18 the district and the taxes or obligations are duly and favorably
22-19 voted by the majority of the resident electors of the district
22-20 voting at the election. Each election shall be called by
22-21 resolution of the board. The election resolution shall set forth
22-22 the date of the election, the proposition to be submitted and voted
22-23 on, the polling places, and any other matters considered advisable
22-24 by the board. There shall be at least two polling places in each
22-25 county which lies wholly inside the district, one of which shall be
23-1 at the county seat. There shall be at least one polling place in
23-2 that part of each county which lies partly inside the district.
23-3 Notice of the election shall be given by publishing a substantial
23-4 copy of the resolution calling the election in a newspaper or
23-5 newspapers of general circulation in the district not less than
23-6 twice in each newspaper, with the interval between the publications
23-7 to be at least one week, and with the first of each of the
23-8 publications to be at least 14 days prior to the date set for the
23-9 election. To the extent not inconsistent with the provisions
23-10 hereof, the elections herein provided for such be held in
23-11 accordance with the provisions of the Texas Elections Code.
23-12 SECTION 5.07. PROPERTY RENDITION/VALUATION/LEVY. (a) The
23-13 rendition and assessment of property for taxation, the equalization
23-14 of values, and the collection of taxes for the benefit of the
23-15 district shall be in accordance with the law applicable to
23-16 counties, insofar as such law can be made applicable, and except as
23-17 hereinafter specifically provided.
23-18 (b) The tax assessor-collector of each county shall act as
23-19 the tax assessor-collector for the district for property in the
23-20 district located in such county. It shall be the duty of the tax
23-21 assessor-collector in each such county to cause to be placed on the
23-22 county tax rolls the additional column or columns needed to show
23-23 the taxes levied by the district and the amount thereof, based on
23-24 the value of such property as approved and equalized. The fee of
23-25 each county tax assessor-collector for assessing and collecting
24-1 taxes shall be one percent of the taxes collected, to be paid over
24-2 and disbursed in each county as are other fees of office.
24-3 (c) All the laws for the enforcement of state and county
24-4 taxes shall be available to the district. The district shall have
24-5 the right to cause the officers of each county to enforce and
24-6 collect the taxes due to the district in that county, as provided
24-7 in the law for the enforcement of state and county taxes.
24-8 (d) Taxes assessed and levied for the benefit of the
24-9 district shall be payable and shall become delinquent at the same
24-10 time, in the same manner, and subject to the same discount for
24-11 advance payment as taxes levied by and for the benefit of the
24-12 county in which the property is taxable. The fee for collecting
24-13 delinquent taxes through prosecution of suit shall be 15 percent of
24-14 the taxes collected by the suit, to be paid over and disbursed in
24-15 each county as are other fees of office.
24-16 (e) Concurrently with the levy of county taxes by the
24-17 commissioners courts, the board shall levy the tax on all taxable
24-18 property in the district which is subject to such taxation and
24-19 shall immediately certify the tax rate to the tax
24-20 assessors-collectors of the counties which lie inside the district.
24-21 ARTICLE 6. SUBDIVISION OF LAND WITHIN DISTRICT
24-22 SECTION 6.01. SUBDIVISION. (a) Subject only to the
24-23 authority vested in a county under Chapter 232, Local Government
24-24 Code, the district shall have the exclusive authority to approve a
24-25 plat or replat required of a tract of land located within the
25-1 district, and shall replace and supersede the authority of any
25-2 local government with respect to such authority. Any plat or
25-3 replat of land located within the district may not be filed with
25-4 the county clerk without the approval of both the district and the
25-5 county. If a county regulation conflicts with a district
25-6 regulation, the district regulation shall prevail and shall replace
25-7 and supersede the county regulation to the extent of such conflict.
25-8 (b) Subject to Subsection (a) of this section, the district
25-9 and the county must approve a plat or replat that satisfies the
25-10 uniform, non-discriminatory requirements established by the
25-11 commissioner's court of the county under Section 232.003, Local
25-12 Government Code. The district and the county shall act on a plat
25-13 or replat within 30 days after the plat or replat application is
25-14 filed. A plat or replat shall be considered approved by the county
25-15 unless it is disapproved and the specific manner in which it fails
25-16 to satisfy all applicable regulations is provided to the owner of
25-17 the land included in such plat or replat application within such 30
25-18 day period.
25-19 (c) With respect to land located within the district, the
25-20 district and a county shall not regulate:
25-21 (1) the use of any building or property for business,
25-22 industrial, residential, or other purposes;
25-23 (2) the size, bulk, height, location, or number of
25-24 buildings and other structures that may be constructed, including,
25-25 without limitation, any restriction on the ratio of building area
26-1 to land area;
26-2 (3) the number of residential units that may be built
26-3 on a particular tract of land; or
26-4 (4) the size of yards, courts, and other open areas,
26-5 or the impervious cover that can be constructed on a particular
26-6 tract of land.
26-7 ARTICLE 7. ADDITION OF LAND TO DISTRICT
26-8 SECTION 7.01. ANNEXATION. Other territory may be included
26-9 in the district as provided in Sections 7.02, 7.03, and 7.04 of
26-10 this Act.
26-11 SECTION 7.02. PETITION. (a) The owner or owners of land
26-12 contiguous to the district or otherwise may file with the board a
26-13 petition requesting that there be included in the district the land
26-14 described in the petition by metes and bounds or by lot and block
26-15 number if there is a recorded plat of the area to be included in
26-16 the district.
26-17 (b) The petition of the landowner or landowners to add land
26-18 to the district shall be signed and executed in the manner provided
26-19 by law for the conveyance of real estate.
26-20 (c) The board shall hear and consider the petition and may
26-21 add to the district the land described in the petition if it is
26-22 considered to be to the advantage of the district and if the water
26-23 system and other improvements of the district are sufficient or
26-24 will be sufficient to supply the added land without injuring land
26-25 already in the district.
27-1 SECTION 7.03. NOTICE AND HEARING. (a) A petition
27-2 requesting the annexation of a defined area shall be filed with the
27-3 secretary of the board, and shall be signed by a majority in value
27-4 of the owners of land in the defined area, as shown by the tax
27-5 rolls of the county or counties in which such area is located, or
27-6 signed by 50 landowners if the number of landowners in such defined
27-7 area is more than 50.
27-8 (b) It shall be the duty of the board to pass an order
27-9 fixing a time and place at which the petition for annexation shall
27-10 be heard which shall not be less than 15 days from the day of the
27-11 order calling the hearing.
27-12 (c) The secretary shall issue a notice setting forth the
27-13 time and place of the hearing and describing the area proposed to
27-14 be annexed. Notice of the hearing shall be given by posting copies
27-15 of the notice in three public places in the district, and in one
27-16 public place in the area proposed to be annexed for at least seven
27-17 days before the day of the hearing and by publishing a copy of the
27-18 notice in a newspaper of general circulation in the county or
27-19 counties in which the area proposed to be annexed is located one
27-20 time at least seven days before the day of the hearing.
27-21 (d) If upon the hearing of the petition it is found by the
27-22 board that the proposed annexation of the area to the district is
27-23 feasible and practicable and would be of benefit both to the area
27-24 and to the district, then the board, by order entered in its
27-25 minutes describing such area, may receive the proposed area as an
28-1 addition to and to become a part of the district. The order adding
28-2 the proposed territory to the district need not include all of the
28-3 land described in the petition, if on the hearing a modification or
28-4 change is found necessary or desirable by the board.
28-5 SECTION 7.04. ANNEXATION ORDER. (a) A copy of the order
28-6 adding or annexing land to the district, signed by a majority of
28-7 the members of the board and attested by the secretary of the
28-8 board, shall be filed and recorded in the deed records of the
28-9 county or counties in which the district is located if the land is
28-10 finally annexed to the district.
28-11 (b) After the order is recorded, the area shall be a part of
28-12 the district.
28-13 ARTICLE 8. EXCLUSION OF LAND FROM DISTRICT
28-14 SECTION 8.01. PETITION. (a) The district, provided it does
28-15 not have any outstanding indebtedness secured by taxes or net
28-16 revenues of the district, may exclude land from the district by
28-17 petition of a landowner or on motion of the board of directors.
28-18 (b) A petition for exclusion of land must accurately
28-19 describe the land to be excluded by metes and bounds or by
28-20 reference to a plat recorded in the plat records of the county or
28-21 counties in which the land is located. The petition must be signed
28-22 by the owner or owners of the land to be excluded, or by at least
28-23 10 percent of the owners of land to be excluded, or by five or more
28-24 of the owners if the number of owners is more than 50, and must be
28-25 filed with the district at least 15 days before the hearing on the
29-1 petition for exclusion and shall clearly state the particular
29-2 grounds on which exclusion is sought. Only the ground stated in
29-3 the petition shall be considered.
29-4 SECTION 8.02. NOTICE AND HEARING. (a) Notice of the
29-5 hearing shall be published by the board once a week for two
29-6 consecutive weeks in one or more newspapers of general circulation
29-7 in the district. The first publication shall appear at least 15
29-8 days and not more than 40 days before the date of the hearing.
29-9 (b) Before determining to exclude any land, the board shall
29-10 find that the district has no obligations that will be impaired by
29-11 the exclusion of the land, the district will incur no obligations
29-12 because of the exclusion, and that the exclusion is in the best
29-13 interests of the district.
29-14 (c) After considering all engineering data and other
29-15 evidence presented to it, if the board makes the findings set forth
29-16 in subsection (b) of this section, the board shall enter an order
29-17 excluding all land meeting the conditions and shall redefine the
29-18 boundaries of the district in order to embrace all land not
29-19 excluded. If the land to be excluded contains water or wastewater
29-20 customers of the district, such customers shall remain customers of
29-21 the district, and owners of lots to which water and wastewater
29-22 facilities have already been extended shall also be allowed to
29-23 connect to the district's system and shall be customers of the
29-24 district.
29-25 SECTION 8.03. EFFECTIVE DATE OF ORDER EXCLUDING LAND.
30-1 (a) Except as provided by subsection (c) of this section, an order
30-2 excluding land pursuant to a petition signed by the owner or owners
30-3 of the land to be excluded takes effect on the date the board
30-4 enters the order.
30-5 (b) Except as provided by subsection (c) of this section, an
30-6 order excluding land pursuant to a petition signed by less than all
30-7 of the owners to be excluded takes effect:
30-8 (1) if the district does not receive a timely petition
30-9 under subsection (h) of this section on the day following the
30-10 deadline for submission of a petition; or
30-11 (2) if the district receives timely petition under
30-12 subsection (h) of this section and the exclusion is ratified at an
30-13 election held for that purpose.
30-14 (c) Before an order excluding land under this section
30-15 becomes effective, all taxes levied and assessed by the district on
30-16 the land to be excluded shall be fully paid.
30-17 SECTION 8.04. PETITION FOR RATIFICATION ELECTION. (a) If
30-18 the board issues an order excluding land pursuant to a petition
30-19 signed by less than all of the owners of the land to be excluded,
30-20 the board shall publish notice describing the excluded land and
30-21 stating that the exclusion becomes final if the district does not
30-22 receive, not later than the 25th day after the date of the board's
30-23 order, a petition requesting a ratification election that is signed
30-24 by at least 10 percent of the qualified voters that reside in the
30-25 land area to be excluded.
31-1 (b) Notice of the exclusion shall be published once a week
31-2 for two consecutive weeks in a newspaper of general circulation in
31-3 the district, and the first notice must be published not later than
31-4 the fifth day after the date of the board's order. If the district
31-5 receives, not later than the 35th day after the date of the board's
31-6 order, a petition requesting a ratification election that is signed
31-7 by at least 10 percent of the qualified voters that reside in the
31-8 land area to be excluded, the order does not take effect unless
31-9 approved by a majority vote at a ratification election held for
31-10 that purpose of the residents of the district.
31-11 (c) The notice of the election, the manner and time of
31-12 giving the notice, the manner of holding the election, and
31-13 qualifications of the voters shall be governed by Subchapter E,
31-14 Chapter 51, Texas Water Code.
31-15 ARTICLE 9. DIVISION OF DISTRICT
31-16 ARTICLE 9.01. CONDITIONS OF DIVISION. The district may,
31-17 from time to time, provided it does not have any outstanding
31-18 indebtedness secured by taxes or net revenues, divide into two or
31-19 more districts; provided, however, no division shall occur that
31-20 would result in the creation of a district of less than 100 acres
31-21 in size. Upon petition of any landowner, or upon the board's own
31-22 motion, the board of directors may consider a proposal to divide
31-23 the original district or any district subsequently created by
31-24 division.
31-25 SECTION 9.02. ELECTION/AUTHORITY OF NEW DISTRICTS.
32-1 (a) After the board of the original district has agreed upon the
32-2 terms and conditions of division, which shall include a plan for
32-3 the payment of any outstanding current obligations and performance
32-4 of any outstanding obligations of the original district, and has
32-5 prepared a metes and bounds description of the proposed districts,
32-6 it shall order an election to be held in the district to determine
32-7 whether the original district should be divided as proposed.
32-8 (b) The board of the original district shall be divided if a
32-9 majority of the qualified voters in the original district vote in
32-10 favor of the division. The resulting districts shall be assigned
32-11 consecutive letters, corresponding to the number of the original
32-12 district. For example, Paseo del Este #1, if divided into two
32-13 districts, shall become Paseo del Este #1A and Paseo del Este #1B.
32-14 No other confirmation election shall be necessary; provided,
32-15 however, each resulting district desiring to issue bonds payable
32-16 wholly or partially from ad valorem taxes shall be required to
32-17 obtain authorization for the issuance of such bonds by a majority
32-18 vote of the resident electors of such district voting in an
32-19 election called for that purpose. Notice of such an election shall
32-20 be given as generally set forth for bond elections in Chapter 51,
32-21 Texas Water Code. Each resulting district desiring to levy a
32-22 maintenance tax shall be required to obtain authorization by a
32-23 majority vote of the qualified resident electors of such district
32-24 voting in an election called for that purpose. Notice of such
32-25 election shall be given as generally set forth for such elections
33-1 in Chapter 51, Texas Water Code.
33-2 SECTION 9.03. ELECTION OF DIRECTORS. After the district is
33-3 divided into two or more districts, the resulting districts shall
33-4 be separate districts and shall be governed as separate districts;
33-5 provided, however, during a period of 90 days after the date of the
33-6 election to approve division, the board of the original district
33-7 shall continue to act on behalf of the original district to wind up
33-8 its affairs, and the directors of the original district shall
33-9 continue to act as directors of one of the resulting districts
33-10 until the next general election. The directors of the original
33-11 district shall name persons to serve as temporary directors of each
33-12 of the other resulting districts until an election is held on the
33-13 next uniform date for elections set forth in Section 41.001,
33-14 Election Code, for the election of permanent directors. Upon
33-15 elections of such directors, the three directors receiving the
33-16 greatest number of votes shall serve until May of the first
33-17 even-numbered year after the expiration of four years from the date
33-18 of the election, and two directors shall serve until May of the
33-19 first even-numbered year after the expiration of two years from the
33-20 date of the election.
33-21 SECTION 9.04. PAYMENT OF DISTRICT DEBTS. After the division
33-22 of the original district into two or more districts, the current
33-23 obligations and any bond authorizations of the original district
33-24 are protected and are not impaired. The debts may be paid by
33-25 taxes, revenues, or assessments levied on the land in the original
34-1 district as if it had not divided or with contributions from each
34-2 of the resulting districts on terms stated in the division proposed
34-3 by the board and approved by the election under subsection (c) of
34-4 this section.
34-5 SECTION 9.05. AUTHORITY OF RESULTING DISTRICTS. After
34-6 division, each of the resulting districts shall have the power to
34-7 incur and pay debts created by each district and shall in every
34-8 respect have the full power and authority of a district created and
34-9 governed by the provisions of this Act. Each of the resulting
34-10 districts shall have the authority to contract with one another for
34-11 the provision of water, wastewater, and such other matters as the
34-12 board of directors of each of the districts deems appropriate.
34-13 SECTION 9.06. ASSUMPTION OF OBLIGATIONS. After division,
34-14 each of the resulting districts shall assume the obligations of the
34-15 original district under any agreements or resolutions consenting to
34-16 the creation of the original district to the extent that such
34-17 agreements and resolutions do not impose obligations that limit the
34-18 district's powers and authority to issue bonds for any purpose
34-19 authorized by this Act. Any other obligations of the original
34-20 district shall be divided pro rata among the resulting districts
34-21 either on an acreage basis or on such other terms as are
34-22 satisfactory to such resulting districts.
34-23 SECTION 9.07. NOTICE TO TEXAS NATURAL RESOURCE CONSERVATION
34-24 COMMISSION. Within 30 days after a division election, the original
34-25 district that confirms a plan for division shall provide written
35-1 notice of such plan to the Texas Natural Resource Conservation
35-2 Commission.
35-3 ARTICLE 10. REMOVAL FROM EXTRATERRITORIAL JURISDICTION
35-4 SECTION 10.01. REMOVAL. The extraterritorial jurisdiction
35-5 of a municipality located in a county with a population of more
35-6 than 1/2 million does not include any land owned by the Permanent
35-7 School Fund of the State of Texas of 500 or more contiguous acres.
35-8 If, immediately before the effective date of this Act, the
35-9 extraterritorial jurisdiction of a municipality located in a county
35-10 with a population of more than 1/2 million includes land owned by
35-11 the Permanent School Fund of the State of Texas of 500 or more
35-12 contiguous acres, the boundaries of the extraterritorial
35-13 jurisdiction are revised on the effective date of this Act to
35-14 exclude that land. In calculating contiguous acreage, a
35-15 municipality shall exclude coastal public land owned and managed on
35-16 behalf of the Permanent School Fund under Chapter 33, Natural
35-17 Resources Code.
35-18 ARTICLE 11. MISCELLANEOUS PROVISIONS
35-19 SECTION 11.01. NO TAXATION. The accomplishment of the
35-20 purposes stated in this Act being for the benefit of the people of
35-21 this state and for the improvement of their properties and
35-22 industries, the district in carrying out the purposes of this Act
35-23 will be performing an essential public function under the
35-24 constitution and shall not be required to pay any tax or assessment
35-25 on the project or any part thereof, and the bonds or notes issued
36-1 hereunder and their transfer and the income therefrom, including
36-2 the profits made on the sale thereof, shall at all times be free
36-3 from taxation within this state.
36-4 SECTION 11.02. CONSTITUTIONAL NOTICES. Proof is required
36-5 that the publication and the giving of the constitutional notices
36-6 required in the enactment hereof under the provisions of Article
36-7 XVI, Sections 59(d) and (e), of the Texas Constitution have been
36-8 made in the manner provided therein. It is hereby confirmed that
36-9 copies of said notices and the bill as originally introduced have
36-10 been delivered to the governor of the State of Texas and others as
36-11 required in such constitutional provisions, and such notices and
36-12 deliveries are hereby found and declared to be proper and
36-13 sufficient to satisfy such requirements.
36-14 SECTION 11.03. SAVINGS CLAUSE. If any word, phrase, clause,
36-15 sentence, paragraph, section, or other part of this Act or the
36-16 application thereof to any person or circumstance shall ever be
36-17 held to be invalid or unconstitutional by a court of competent
36-18 jurisdiction in this state, and remainder of the Act and
36-19 application of such word, phrase, clause, sentence, paragraph,
36-20 section, or other part of this Act to other persons or
36-21 circumstances shall not be affected thereby. To the extent of a
36-22 conflict between a provision of this Act and any other law or
36-23 statute, this Act shall control.
36-24 SECTION 11.04. EMERGENCY CLAUSE. The importance of this
36-25 legislation and the crowded conditions of the calendars in both
37-1 houses create an emergency and an imperative public necessity that
37-2 the constitutional rule requiring bills to be read on three several
37-3 days in each house be suspended, and this rule is hereby suspended,
37-4 and that this Act take effect and be in force from and after its
37-5 passage, and it is so enacted.