1-1 By: Rosson S.B. No. 1663
1-2 (In the Senate - Filed April 20, 1995; April 20, 1995, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; April 27, 1995, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 11, Nays 0;
1-6 April 27, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1663 By: Rosson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the creation, administration, powers, duties,
1-11 functions, operation, and financing of the Paseo del Este Municipal
1-12 Utility District; providing for the authorization of bonds and the
1-13 levy of taxes; providing civil penalties.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 ARTICLE I. GENERAL PROVISIONS
1-16 SECTION 1.01. CREATION. (a) By virtue of Section 59,
1-17 Article XVI, Texas Constitution, a conservation and reclamation
1-18 district is hereby created to be known as Paseo del Este Municipal
1-19 Utility District (hereinafter the "district"), which shall be a
1-20 governmental agency and a body politic and corporate. The
1-21 requirements in Chapters 50 and 54, Water Code, for confirmation
1-22 and initial director elections shall not apply to the district.
1-23 (b) The district is created under and is essential to
1-24 accomplish the purposes of Section 59, Article XVI, Texas
1-25 Constitution. The district shall have all of the powers of
1-26 municipal utility districts established under Chapter 54, Water
1-27 Code, and the district shall conduct its affairs subject to
1-28 Chapters 50 and 54, Water Code, unless otherwise provided in this
1-29 Act.
1-30 SECTION 1.02. TERRITORY. (a) The district shall comprise
1-31 all of the following territory: Section 315 1/2, C. D. Stewart
1-32 Survey, El Paso County, Texas; Parcels A, B-1 and C-1, Section 317,
1-33 C. D. Stewart Survey, El Paso County, Texas, as described in deed
1-34 from EP Covington Capital Corp. to the State of Texas, recorded in
1-35 Volume 2249, Page 1815, Real Property Records of El Paso County,
1-36 Texas; Section 318, C. D. Stewart Survey, El Paso County, Texas;
1-37 Section 319, C. D. Stewart Survey, El Paso County, Texas; Parcels
1-38 B-2 and C-2, Section 316, O. A. Danielson Survey, El Paso County,
1-39 Texas, as described in deed from EP Covington Capital Corp. to the
1-40 State of Texas, recorded in Volume 2249, Page 1815, Real Property
1-41 Records of El Paso County, Texas; all of the south one-half of
1-42 Section 18, Texas and Pacific Railroad Company Survey, Block 79,
1-43 Township 3, El Paso County, Texas; all of the northeast one-fourth
1-44 of Section 18, Texas and Pacific Railroad Company Survey, Block 79,
1-45 Township 3, El Paso County, Texas; all of the southwest one-fourth
1-46 of Section 21, Texas and Pacific Railroad Company Survey, Block 79,
1-47 Township 3, El Paso County, Texas; Tracts 1, 2 and 3, Section 21,
1-48 Texas and Pacific Railroad Company Survey, Block 79, Township 3, El
1-49 Paso County, Texas, as described in deed from MBJR Trust and Barry
1-50 Lang to the State of Texas, recorded in Volume 2595, Page 1517,
1-51 Real Property Records of El Paso County, Texas; part of Section 21,
1-52 Texas and Pacific Railroad Company Survey, Block 79, Township 3, El
1-53 Paso County, Texas, as described in deed from Socorro Independent
1-54 School District to the State of Texas, recorded in Volume 2361,
1-55 Page 831, Real Property Records of El Paso County, Texas; all of
1-56 Section 22, Texas and Pacific Railroad Company Survey, Block 79,
1-57 Township 3, El Paso County, Texas, SAVE AND EXCEPT: (1) 7.889
1-58 acres, being the remainder of a 38.18 acre tract, as described in
1-59 deed from Texas Pacific Land Trust to Socorro Independent School
1-60 District, recorded in Volume 1302, Page 769, Real Property Records
1-61 of El Paso County, Texas, (2) Tracts 2 and 3, as described in deed
1-62 from the State of Texas to 375/10 Texas Land L.P., recorded in
1-63 Volume 2595, Page 1504, Real Property Records of El Paso County,
1-64 Texas, and (3) Tracts 2 and 3, as described in deed from the State
1-65 of Texas to MBJR Trust and Barry Lang, recorded in Volume 2595,
1-66 Page 1517, Real Property Records of El Paso County, Texas.
1-67 (b) The legislature finds that the boundaries, patents, or
1-68 field notes of the district form a closure. A mistake in the
2-1 patents or field notes, or in copying the patents or field notes in
2-2 the legislative process, does not affect the organization,
2-3 existence, or validity of the district, the rights of the district
2-4 to issue bonds or refunding bonds, or to pay the principal of or
2-5 interest on the bonds, the right of the district to levy and
2-6 collect taxes, or the legality or operation of the district or its
2-7 board.
2-8 (c) Land included within the boundaries of a special utility
2-9 district created under Section 59, Article XVI, Texas Constitution,
2-10 which is subject to a district's outstanding indebtedness secured
2-11 by taxes or net revenues on the effective date of this Act shall
2-12 not be included within the district. If the property described in
2-13 Subsection (a) of this section includes any land subject to a tax
2-14 or net revenue pledged by a district, it shall be excluded, and the
2-15 remainder of this Act shall not be affected thereby.
2-16 ARTICLE II. ADMINISTRATIVE PROVISIONS
2-17 SECTION 2.01. BOARD. The district shall be governed by and
2-18 all powers of the district shall be exercised by a board of five
2-19 directors.
2-20 SECTION 2.02. DIRECTOR ELIGIBILITY. Other than initial
2-21 directors, to be eligible for appointment as a director, a person
2-22 must be an owner of land in the district. To be eligible for
2-23 appointment as an initial director, a person must be a member of
2-24 the School Land Board or a resident of El Paso County or Travis
2-25 County.
2-26 SECTION 2.03. TERMS OF DIRECTORS AND APPOINTMENT PROCEDURES.
2-27 (a) Other than initial directors, directors serve staggered terms
2-28 of four years, with terms expiring September 1 of each odd-numbered
2-29 year.
2-30 (b) Appointment of initial directors shall be made promptly
2-31 by the School Land Board after this Act takes effect. The School
2-32 Land Board shall appoint two initial directors to serve terms
2-33 expiring September 1, 1997, and three initial directors to serve
2-34 terms expiring September 1, 1999. If an initial director dies,
2-35 resigns, or is otherwise removed, the School Land Board shall
2-36 appoint a successor to serve the unexpired term. When a director's
2-37 term expires, his successor shall be elected as provided in Section
2-38 2.04 of this Act.
2-39 SECTION 2.04. ELECTION OF PERMANENT DIRECTORS. (a) Each
2-40 director shall serve his term of office as herein provided, and
2-41 thereafter until his successor shall be appointed or elected and
2-42 qualified. Elections for the appropriate number of permanent
2-43 directors are to be held on the first Saturday in May of each
2-44 odd-numbered year. The directors serve until September 1 of the
2-45 second odd-numbered year after the date of the election.
2-46 (b) Notice of elections shall be given by the board of
2-47 directors by publishing a copy thereof once a week for two
2-48 consecutive weeks in a newspaper of general circulation in the
2-49 district, the first publication being at least 14 days prior to the
2-50 election.
2-51 SECTION 2.05. QUALIFICATION OF DIRECTOR. Except for initial
2-52 directors, no person shall be qualified to serve as a director
2-53 unless he resides in and owns taxable property in the district.
2-54 Initial directors shall be over 18 years of age and residents of
2-55 either El Paso County or Travis County. No employee of the
2-56 district shall serve as director. Directors shall subscribe the
2-57 constitutional oath of office. Except for the initial directors,
2-58 each director shall give bond for the faithful performance of his
2-59 duties as is required by Section 54.116, Water Code, the cost of
2-60 which shall be paid by the district.
2-61 SECTION 2.06. MEETINGS AND ACTIONS OF BOARD. (a) The board
2-62 may establish regular meetings to conduct district business and may
2-63 hold special meetings at other times as the business of the
2-64 district requires. The board shall hold its meetings within the
2-65 district unless the board, by a majority vote at a public meeting,
2-66 votes to hold a meeting or meetings outside the district.
2-67 (b) A majority of the directors shall constitute a quorum of
2-68 the board. A vote of a majority of the quorum present shall be
2-69 necessary to pass on any question before the board. The board may
2-70 adopt bylaws to govern its affairs. The board may adopt a seal for
3-1 the district. The board may provide in the bylaws that, except for
3-2 the initial directors, each director shall receive a fee of $20 for
3-3 attending each meeting of the board, provided that not more than
3-4 $40 shall be paid to any director for meetings held in any one
3-5 calendar month.
3-6 SECTION 2.07. ORGANIZATION OF BOARD. The board of directors
3-7 shall elect from its members a president and a vice president of
3-8 the district and such other officers as in the judgment of the
3-9 board are necessary. The president shall be the chief executive
3-10 officer of the district and the presiding officer of the board and
3-11 shall have the same right to vote as any other director. The vice
3-12 president shall perform all duties and exercise all powers
3-13 conferred by this Act on the president when the president is absent
3-14 or fails or declines to act. The board shall also appoint a
3-15 secretary and a treasurer who may or may not be members of the
3-16 board, and it may combine such offices. Except for the initial
3-17 treasurer, the treasurer shall give bond in the amount required by
3-18 the board of directors, but in no event less than $100,000. The
3-19 condition of the bond shall be that the treasurer will faithfully
3-20 account for all money which comes into the treasurer's custody.
3-21 Until the district authorizes the issuance of bonds, the amount of
3-22 the official bond of the treasurer may be fixed by the board of
3-23 directors in an amount not less than $5,000.
3-24 SECTION 2.08. INTEREST IN CONTRACT. A director who is
3-25 financially interested in a contract proposed to be executed by the
3-26 district for the purchase of property or services or for the
3-27 construction of facilities shall disclose the interest to the board
3-28 and may not vote on the acceptance of the contract.
3-29 SECTION 2.09. DISTRICT EMPLOYEES. The board shall have
3-30 authority to employ a general manager and all consulting engineers,
3-31 financial consultants, attorneys, and auditors. The general
3-32 manager shall be responsible for:
3-33 (1) administering the board's directives;
3-34 (2) keeping the district's records, including minutes
3-35 of board meetings;
3-36 (3) coordinating with federal, state, and local
3-37 agencies;
3-38 (4) developing plans and programs for the board's
3-39 approval;
3-40 (5) hiring, supervising, training, and discharging the
3-41 district's employees;
3-42 (6) obtaining technical, scientific, legal, fiscal,
3-43 and other professional services; and
3-44 (7) performing any other duties the board assigns.
3-45 SECTION 2.10. EMPLOYEE BONDS. (a) The general manager and
3-46 each employee of the district who is charged with the collection,
3-47 custody, or payment of any money of the district shall execute a
3-48 fidelity bond in an amount determined by the board and in a form
3-49 and with a surety approved by the board.
3-50 (b) The district shall pay the premium on each employee bond
3-51 under this section.
3-52 SECTION 2.11. PRINCIPAL OFFICE. Until such time as it
3-53 issues bonds, the district may maintain its principal office in
3-54 either El Paso County or Travis County, provided that, if the
3-55 district maintains its principal office in Travis County, it shall
3-56 maintain duplicate records in El Paso County, and the duplicate
3-57 records shall be available for inspection during regular business
3-58 hours. After it issues bonds, the district shall maintain its
3-59 office in El Paso County.
3-60 SECTION 2.12. RECORDS. (a) The district shall keep at its
3-61 principal office:
3-62 (1) complete and accurate accounts of its business
3-63 transactions in accordance with generally accepted methods of
3-64 accounting;
3-65 (2) complete and accurate minutes of its meetings; and
3-66 (3) its contracts, documents, and other records.
3-67 (b) The district shall permit reasonable public inspection
3-68 of its records during regular business hours.
3-69 SECTION 2.13. SUIT. The district may sue and be sued in its
3-70 corporate name.
4-1 ARTICLE 3. POWERS AND DUTIES
4-2 SECTION 3.01. POWERS AND DUTIES. (a) The district shall:
4-3 (1) administer and enforce the terms of this Act;
4-4 (2) use its facilities and powers to accomplish the
4-5 purposes of this Act;
4-6 (3) coordinate the provision of water, wastewater, and
4-7 drainage services; and
4-8 (4) control and abate water pollution within the
4-9 district.
4-10 (b) In designing utility infrastructure and related systems,
4-11 the district shall submit for review to any municipal corporation
4-12 with a population in excess of 300,000 according to the most recent
4-13 federal census, provided the corporate boundary of such municipal
4-14 corporation is contiguous to the district, its design plans and
4-15 specifications for the utility infrastructure and related systems.
4-16 In connection with the submission, the district shall pay to the
4-17 municipal corporation the fee for review, if any, which has been
4-18 established by municipal ordinance and has general application for
4-19 reviews of this type, and the municipal corporation shall complete
4-20 its review of the design plans and specifications within 60 days
4-21 after their delivery.
4-22 (c) Subject only to the authority of the Texas Natural
4-23 Resource Conservation Commission, the district has the authority to
4-24 control and abate water pollution within the district. Such
4-25 authority of the district will neither reduce nor eliminate the
4-26 authority of a municipal corporation to control and abate water
4-27 pollution within the district under applicable state or federal
4-28 law.
4-29 (d) Except as expressly limited by this Act, the district
4-30 shall have all of the powers, rights, and privileges necessary and
4-31 convenient for accomplishing the purposes of this Act conferred by
4-32 general law on any municipal utility district or water control and
4-33 improvement district created under Section 59, Article XVI, Texas
4-34 Constitution.
4-35 (e) The powers granted to the district in this Act are
4-36 cumulative of all powers granted by other law.
4-37 SECTION 3.02. DISTRICT RULES. (a) The district may adopt
4-38 and enforce rules reasonably required to implement this Act,
4-39 including rules governing procedure and practice before the board.
4-40 (b) The district shall print its rules and furnish copies of
4-41 the rules to any person on written request.
4-42 SECTION 3.03. INSPECTIONS AND INVESTIGATIONS. The district
4-43 may enter public or private property in the district for the
4-44 purpose of inspecting and investigating conditions relating to its
4-45 authorized purposes under the same provisions and restrictions
4-46 applicable to the Texas Natural Resource Conservation Commission.
4-47 SECTION 3.04. HEARINGS AND ORDERS. (a) The board may:
4-48 (1) hold hearings, receive evidence from any party in
4-49 interest who appears before the board, compel the attendance of
4-50 witnesses, and make findings of fact and determinations with
4-51 respect to administering this Act or any order or rule of the
4-52 district; and
4-53 (2) delegate to one or more of its members or
4-54 employees the authority to take testimony and administer oaths in
4-55 any hearing held or authorized to be held by the district.
4-56 (b) An order of the board must be:
4-57 (1) in the district's name; and
4-58 (2) attested by proper members of the board under the
4-59 district's rules.
4-60 SECTION 3.05. CIVIL PENALTY; INJUNCTION. (a) A person who
4-61 violates a rule, permit, or order of the district is subject to a
4-62 civil penalty of not less than $50 and not more than $1,000 for
4-63 each violation or each day of a continuing violation.
4-64 (b) The district may sue to enjoin a threatened or present
4-65 activity or to recover the penalty in a district court in the
4-66 county where the violation occurred. The penalty shall be paid to
4-67 the district.
4-68 SECTION 3.06. PERMITS; CONTRACTS; COOPERATIVE AGREEMENTS.
4-69 (a) The district is authorized to acquire water appropriation
4-70 permits, construction permits, and other water and wastewater
5-1 discharge permits directly from the Texas Natural Resource
5-2 Conservation Commission or from owners of permits. The district is
5-3 also authorized to acquire water or a water supply from any person,
5-4 firm, corporation, municipal corporation, public agency, the State
5-5 of Texas, or the United States government or any of its agencies.
5-6 The district may, within the discretion of its board, contract with
5-7 one or more substantial users of water to acquire such water supply
5-8 under an agreed allocation of storage space between the district
5-9 and the user or may contract independently for the district's water
5-10 supply. The district is authorized to collect, transport, process,
5-11 dispose of, and control all domestic, industrial, or communal
5-12 wastes, whether in fluid, solid, or composite state. The district
5-13 is authorized to contract with any person, firm, corporation,
5-14 municipal corporation, public agency, the State of Texas, or the
5-15 United States government or any of its agencies for the collection,
5-16 transportation, processing, disposition, and control of all
5-17 domestic, industrial, or communal wastes. Such contracting
5-18 authority includes the authority to enter into coordinated
5-19 infrastructure plans or regional utility plans.
5-20 (b) The district is authorized to enter into contracts with
5-21 the State of Texas, cities and districts organized pursuant to
5-22 Section 59, Article XVI, Texas Constitution, and others for
5-23 supplying water or providing services pertaining to domestic,
5-24 industrial, or commercial wastes. The district is also authorized
5-25 to contract with any city, district, or other person for the rental
5-26 or leasing of or for the operation of the water production, water
5-27 supply, water filtration or purification, and water supply
5-28 facilities and facilities for providing services pertaining to the
5-29 wastes of the city, the district, or other person for such
5-30 consideration as the district and the city, the district, or other
5-31 person may agree on. Any such contract may be on such terms and
5-32 for such time as the parties may agree, and it may provide that it
5-33 shall continue in effect until bonds or notes specified therein and
5-34 refunding bonds issued in lieu of such bonds or notes are paid.
5-35 All such cities and districts are authorized to enter into such
5-36 contracts with the district to fix, charge, and collect fees,
5-37 rates, charges, rentals, and other amounts for any service or
5-38 facilities provided pursuant to or in connection with any contract
5-39 with this district and to pledge such amounts sufficient to make
5-40 all payments required under the contract.
5-41 (c) With regard to land use planning, the district shall
5-42 encourage owners and developers of land within the district to use
5-43 and develop their land and buildings in a manner consistent with
5-44 building codes, housing codes, fire codes, subdivision regulations,
5-45 zoning regulations, thoroughfare plans, water conservation plans,
5-46 land use plans, and other land development and safety regulations
5-47 of each adjacent municipal corporation with a population in excess
5-48 of 300,000 according to the most recent federal census.
5-49 SECTION 3.07. FACILITIES. The district is authorized to
5-50 purchase, construct, acquire, own, lease, operate, maintain,
5-51 repair, improve, and extend, at any location inside or outside its
5-52 boundaries, in the sole discretion of the district, land and any
5-53 interest in land, any and all works, improvements, facilities,
5-54 plants, equipment, and appliances incident, helpful, or necessary
5-55 to provide for: (1) the control, storage, preservation,
5-56 transmission, treatment, and distribution and use of storm water
5-57 and floodwater, the water of rivers and streams, and underground
5-58 water, for municipal, domestic, industrial, and other beneficial
5-59 uses; and (2) the collection, transportation, processing,
5-60 disposition, and control of domestic, industrial, or commercial
5-61 wastes. The district shall have the authority to enter into any
5-62 contract with any person, firm, corporation, city, district,
5-63 municipal corporation, public agency, or other political
5-64 subdivision and to perform any other act consistent with the powers
5-65 herein granted to carry out any such power.
5-66 SECTION 3.08. ACQUISITION AND DISPOSITION OF PROPERTY. The
5-67 district is authorized to use any public roadway, street, alley, or
5-68 easement in El Paso County to accomplish its purposes, without the
5-69 necessity of securing a franchise or other governmental agreement,
5-70 provided that, with regard to the use of roadways, streets, alleys,
6-1 or easements which belong to an adjacent municipal corporation with
6-2 a population in excess of 300,000 according to the most recent
6-3 federal census, the district shall obtain the written consent of
6-4 the municipal corporation prior to use thereof within the corporate
6-5 limits of the municipal corporation.
6-6 SECTION 3.09. RELOCATION OF FACILITIES. In the event that
6-7 the district in the exercise of its powers makes necessary the
6-8 relocation, raising, rerouting, or changing the grade of or
6-9 altering the construction of any highway, railroad, electric
6-10 transmission line, pipeline, canal, or drainage ditch, all such
6-11 necessary relocation, raising, rerouting, changing of grade, or
6-12 alteration of construction shall be accomplished at the sole
6-13 expense of the district unless otherwise agreed on in writing by
6-14 interested parties; however, in the case of replacement, the cost
6-15 of such action shall be limited to the comparable replacement of
6-16 any replaced facility, less the replaced facility's net salvage
6-17 value.
6-18 SECTION 3.10. CONSTRUCTION CONTRACTS. Any construction
6-19 contract requiring an expenditure of more than $50,000 shall be
6-20 made after publication of a notice to bidders once each week for a
6-21 minimum of two weeks before awarding the contract. The notice
6-22 shall be sufficient if it states the time and place when and where
6-23 the bids will be opened, the general nature of the work to be done,
6-24 or the material, equipment, or supplies to be purchased and states
6-25 where and the terms on which copies of the plans and specifications
6-26 may be obtained. The publication shall be in a newspaper of
6-27 general circulation published in the district and designated by the
6-28 board of directors. It shall not be necessary to advertise work to
6-29 be performed in an emergency situation.
6-30 ARTICLE 4. GENERAL FISCAL PROVISIONS
6-31 SECTION 4.01. DISBURSEMENT OF MONEY. The district may
6-32 disburse money only by check, draft, order, or other instrument
6-33 signed by the person or persons authorized in the board's bylaws or
6-34 by board resolution.
6-35 SECTION 4.02. FEES AND CHARGES. The district may establish
6-36 fees and charges not to exceed the amounts necessary to enable the
6-37 district to fulfill the obligations imposed on it by this Act.
6-38 SECTION 4.03. LOANS AND GRANTS. The district may apply for
6-39 and receive loans and grants from the federal or the state
6-40 government or any agencies thereof, or from a private source, for
6-41 the purpose of carrying out one or more of its powers. The
6-42 district may enter into any agreement in connection with a loan or
6-43 grant that does not conflict with federal or state law.
6-44 SECTION 4.04. FISCAL YEAR. The board shall establish the
6-45 district's fiscal year.
6-46 SECTION 4.05. INDEPENDENT AUDIT AND REPORT. (a) The board
6-47 shall have an audit of the district's affairs for each fiscal year
6-48 prepared by an independent certified public accountant of
6-49 recognized integrity and ability.
6-50 (b) The district shall keep at least one copy of the most
6-51 recent audit at the district's office.
6-52 (c) The district shall make a copy of the most recent audit
6-53 available for inspection by any interested person during regular
6-54 business hours.
6-55 SECTION 4.06. DEPOSITORY BANKS. (a) The board shall
6-56 designate one or more banks to serve as depository or depositories
6-57 for the funds of the district. All funds of the district shall be
6-58 deposited in the depository bank or banks, except that funds
6-59 pledged to pay bonds or notes may be deposited with trustee banks
6-60 named in the trust agreement or bond or note resolution, and except
6-61 that funds shall be remitted to the bank of payment for the payment
6-62 of principal of and interest on bonds and notes. To the extent
6-63 that funds in the depository banks and a trustee bank are not
6-64 insured by the Federal Deposit Insurance Corporation, they shall be
6-65 secured in the manner provided by law for the security of state
6-66 funds.
6-67 (b) Before designating a depository bank, the board shall
6-68 publish notice at least once in a newspaper of general circulation
6-69 in the district requesting applications from banks interested in
6-70 serving as a depository. The notice shall include the time and
7-1 location of the board meeting at which the board proposes to
7-2 designate a depository bank. The board shall prescribe the term of
7-3 service of a depository bank.
7-4 (c) At the time stated in the notice required by Subsection
7-5 (b) of this section, the board shall consider the applications
7-6 received and the management and condition of each bank that files
7-7 an application. The board may designate as a depository the bank
7-8 or banks that offer the most favorable terms and conditions for the
7-9 handling of the district's money and that have proper management
7-10 and the ability to handle the district's money properly.
7-11 Membership of an officer or director of a bank on the board of the
7-12 district does not disqualify the bank from being designated as a
7-13 depository.
7-14 (d) If no application is received by the time stated in the
7-15 notice, the board may designate a bank or banks on such terms and
7-16 conditions as the board considers prudent.
7-17 ARTICLE 5. BOND AND TAX PROVISIONS
7-18 SECTION 5.01. TAX; REVENUE BONDS. (a) For the purpose of
7-19 carrying out any power or authority conferred by this Act, the
7-20 district may issue its bonds or other obligations in three general
7-21 classes:
7-22 (1) secured by ad valorem taxes;
7-23 (2) secured by a pledge of all or part of the revenues
7-24 accruing to the district, including without limitation those
7-25 received from sale of water or other products, rendition of
7-26 service, tolls, charges, and all other sources other than ad
7-27 valorem taxes; and
7-28 (3) secured by a combination pledge of all or part of
7-29 the revenues described in Subdivision (2) of this subsection and
7-30 taxes.
7-31 (b) The obligations shall be authorized by resolution of the
7-32 board and shall be issued in the name of the district, shall be
7-33 signed by the president or any vice president, shall be attested to
7-34 by the secretary, and shall bear the seal of the district. If
7-35 authorized by the board, the signatures of the president or any
7-36 vice president and of the secretary, or of both, may be printed or
7-37 lithographed on the obligations, and the seal of the district may
7-38 be impressed on the obligations or may be printed or lithographed
7-39 on the obligations. The obligations shall be in the form
7-40 prescribed by the board, shall be in any denomination or
7-41 denominations, shall mature serially or otherwise in not to exceed
7-42 50 years from their date, shall bear any interest, may be sold at a
7-43 price and under terms determined by the board to be the most
7-44 advantageous reasonably obtainable, may be made callable prior to
7-45 maturity, at the discretion of the board, at the times and prices
7-46 prescribed in the obligations, and may be made registrable as to
7-47 principal or as to both principal and interest. The obligations
7-48 may be further secured by an indenture of trust with a corporate
7-49 trustee.
7-50 (c) Obligations may be issued in more than one series and
7-51 from time to time, as required for carrying out the purposes of
7-52 this Act. Any pledge of revenue may reserve the right, under
7-53 conditions therein specified, to issue additional obligations which
7-54 will be on a parity with or subordinate to the obligations then
7-55 being issued.
7-56 (d) The district is an "issuer" for the purpose of
7-57 definitions in Chapter 656, Acts of the 68th Legislature, Regular
7-58 Session, 1983 (Article 717q, Vernon's Texas Civil Statutes).
7-59 (e) The resolution authorizing the obligations or the trust
7-60 indenture further securing the obligations may specify additional
7-61 provisions which shall constitute a contract between the district
7-62 and the owners of the obligations. The board shall have full
7-63 discretion in providing for the additional provisions, including
7-64 the authority to provide for a corporate trustee or receiver to
7-65 take possession of facilities of the district in the event of
7-66 default on the part of the district in fulfilling the covenants
7-67 therein made.
7-68 (f) The district shall not issue bonds secured by or
7-69 otherwise encumber permanent school fund land contained within the
7-70 boundaries of the district.
8-1 SECTION 5.02. BOND ANTICIPATION NOTES. The district may
8-2 issue bond anticipation notes from time to time for the purpose of
8-3 carrying out any one or more of its powers. Such bond anticipation
8-4 notes may or may not be secured by a pledge of all or part of the
8-5 revenues of the district. The district may from time to time
8-6 authorize the issuance of bonds for the purpose of providing
8-7 proceeds to pay the principal of and interest on bond anticipation
8-8 notes. Such bonds shall be secured by a pledge of all or part of
8-9 the revenues of the district and may be issued on a parity with or
8-10 subordinate to outstanding bonds of the issuer. If the resolution
8-11 or trust agreement authorizing the issuance of bond anticipation
8-12 notes contains a covenant to the effect that such notes shall be
8-13 payable from the proceeds of the subsequently issued bonds, it
8-14 shall not be necessary to demonstrate for the purposes of receiving
8-15 the approval of the attorney general or registration by the
8-16 comptroller that the revenues that may be pledged to such notes
8-17 will be sufficient to pay the principal of and interest on the
8-18 notes.
8-19 SECTION 5.03. REFUNDING BONDS. (a) The district may issue
8-20 refunding bonds to refund outstanding bonds and interest authorized
8-21 by this Act.
8-22 (b) Refunding bonds may:
8-23 (1) be issued to refund one or more series of
8-24 outstanding bonds;
8-25 (2) combine the pledges for the outstanding bonds for
8-26 the security of the refunding bonds; or
8-27 (3) be secured by other or additional revenues.
8-28 (c) The refunding bonds may be issued without having been
8-29 authorized at an election. The provisions of this Act applicable
8-30 to the district's issuance of other bonds, their security, their
8-31 approval by the attorney general, and the remedies of the holders
8-32 are applicable to refunding bonds.
8-33 (d) Refunding bonds shall be registered by the comptroller
8-34 on surrender and cancellation of the bonds to be refunded.
8-35 Alternatively, the resolution authorizing the issuance of refunding
8-36 bonds may provide that the bonds shall be sold and the resulting
8-37 proceeds deposited in the bank where the bonds to be refunded are
8-38 payable, in which case the refunding bonds may be issued in an
8-39 amount sufficient to pay the principal and interest of the bonds to
8-40 be refunded to their option or maturity date. The comptroller
8-41 shall register the refunding bonds without concurrent surrender and
8-42 cancellation of the bonds to be refunded.
8-43 SECTION 5.04. APPROVAL AND REGISTRATION OF BONDS. District
8-44 bond review and approval shall be governed by the provisions of
8-45 Subchapter F, Chapter 54, Water Code.
8-46 SECTION 5.05. TAXATION. (a) Except for land owned by the
8-47 permanent school fund, the board may levy and collect ad valorem
8-48 taxes for the maintenance of the district and its improvements or
8-49 for administrative expenses of the district, or for both purposes,
8-50 in such amounts as are voted in accordance with this Act.
8-51 (b) The maintenance tax and administration tax shall not
8-52 exceed the maximum rate voted, and the authorized rate shall remain
8-53 in effect unless changed by subsequent vote.
8-54 SECTION 5.06. BONDS ARE AUTHORIZED INVESTMENTS. All bonds
8-55 and notes of the district shall be and are hereby declared to be
8-56 legal and authorized investments for banks, savings banks, trust
8-57 companies, savings and loan associations, insurance companies,
8-58 fiduciaries, trustees, and guardians and for the sinking funds of
8-59 cities, towns, villages, counties, school districts, or other
8-60 political corporations or subdivisions of the State of Texas. Such
8-61 bonds and notes shall be eligible to secure the deposit of any and
8-62 all public funds of the State of Texas and any and all public funds
8-63 of cities, towns, villages, counties, school districts, or other
8-64 political corporations or subdivisions of the State of Texas; and
8-65 such bonds shall be lawful and sufficient security for the deposits
8-66 to the extent of their value.
8-67 SECTION 5.07. TAX ELECTION. No ad valorem tax for any
8-68 purpose authorized in this Act may be levied or collected and no
8-69 obligations payable wholly or partially from ad valorem taxes,
8-70 except refunding bonds, may be issued unless an election is held in
9-1 the district and the taxes or obligations are duly and favorably
9-2 voted by a majority of the resident electors of the district voting
9-3 at the election. Each election shall be called by resolution of
9-4 the board. The election resolution shall set forth the date of the
9-5 election, the proposition to be submitted and voted on, the polling
9-6 places, and any other matters considered advisable by the board.
9-7 There shall be at least two polling places in each county which
9-8 lies wholly inside the district, one of which shall be at the
9-9 county seat. There shall be at least one polling place in that
9-10 part of each county which lies partly inside the district. Notice
9-11 of the election shall be given by publishing a substantial copy of
9-12 the resolution calling the election in a newspaper or newspapers of
9-13 general circulation in the district, not less than twice in each
9-14 newspaper, with the interval between the publications to be at
9-15 least one week and with the first of each of the publications to be
9-16 at least 14 days prior to the date set for the election. To the
9-17 extent not inconsistent with the provisions hereof, the elections
9-18 herein provided for shall be held in accordance with the provisions
9-19 of the Election Code.
9-20 SECTION 5.08. PROPERTY: RENDITION; VALUATION; LEVY.
9-21 (a) The rendition and assessment of property for taxation, the
9-22 equalization of values, and the collection of taxes for the benefit
9-23 of the district shall be in accordance with the law applicable to
9-24 counties, insofar as such law can be made applicable, and except as
9-25 hereinafter specifically provided.
9-26 (b) The tax assessor-collector of each county shall act as
9-27 the tax assessor-collector for the district for property in the
9-28 district located in such county. It shall be the duty of the tax
9-29 assessor-collector in each county to cause to be placed on the
9-30 county tax rolls the additional column or columns needed to show
9-31 the taxes levied by the district and the amount thereof, based on
9-32 the value of the property as approved and equalized. The fee of
9-33 each county tax assessor-collector for assessing and collecting
9-34 taxes shall be one percent of the taxes collected, to be paid over
9-35 and disbursed in each county as are other fees of office.
9-36 (c) All the legal means available for the enforcement of
9-37 state and county taxes shall be available to the district. The
9-38 district shall have the right to cause the officers of each county
9-39 to enforce and collect the taxes due to the district in that county
9-40 as provided in the law for the enforcement of state and county
9-41 taxes.
9-42 (d) Taxes assessed and levied for the benefit of the
9-43 district shall be payable and shall become delinquent at the same
9-44 time, in the same manner, and subject to the same discount for
9-45 advance payment as taxes levied by and for the benefit of the
9-46 county in which the property is taxable. The fee for collecting
9-47 delinquent taxes through prosecution of suit shall be 15 percent of
9-48 the taxes collected by the suit, to be paid over and disbursed in
9-49 each county as are other fees of office.
9-50 (e) Concurrently with the levy of county taxes by the
9-51 commissioners courts, the board shall levy the tax on all taxable
9-52 property in the district which is subject to such taxation and
9-53 shall immediately certify the tax rate to the tax
9-54 assessor-collector of each county which lies inside the district.
9-55 ARTICLE 6. ADDITION OF LAND TO DISTRICT
9-56 SECTION 6.01. ANNEXATION. Other territory may be included
9-57 in the district as provided in Sections 6.02, 6.03, and 6.04 of
9-58 this Act.
9-59 SECTION 6.02. PETITION. (a) The owner or owners of land
9-60 contiguous to the district or otherwise may file with the board a
9-61 petition requesting that there be included in the district the land
9-62 described in the petition by metes and bounds or by lot and block
9-63 number if there is a recorded plat of the area to be included in
9-64 the district.
9-65 (b) The petition of the landowner or landowners to add land
9-66 to the district shall be signed and executed in the manner provided
9-67 by law for the conveyance of real estate.
9-68 (c) The board shall hear and consider the petition and may
9-69 add to the district the land described in the petition if it is
9-70 considered to be to the advantage of the district and if the water
10-1 system and other improvements of the district are sufficient or
10-2 will be sufficient to supply the added land without injuring land
10-3 already in the district.
10-4 SECTION 6.03. NOTICE AND HEARING. (a) A petition
10-5 requesting the annexation of a defined area shall be filed with the
10-6 secretary of the board and shall be signed by a majority in value
10-7 of the owners of land in the defined area, as shown by the tax
10-8 rolls of the county or counties in which such area is located, or
10-9 signed by 50 landowners, if the number of landowners in the defined
10-10 area is more than 50.
10-11 (b) It shall be the duty of the board to pass an order
10-12 fixing a time and place at which the petition for annexation shall
10-13 be heard, which shall not be less than 15 days from the day of the
10-14 order calling the hearing.
10-15 (c) The secretary shall issue a notice setting forth the
10-16 time and place of the hearing and describing the area proposed to
10-17 be annexed. Notice of the hearing shall be given by posting copies
10-18 of the notice in three public places in the district and in one
10-19 public place in the area proposed to be annexed for at least seven
10-20 days before the day of the hearing and by publishing a copy of the
10-21 notice in a newspaper of general circulation in the county or
10-22 counties in which the area proposed to be annexed is located one
10-23 time at least seven days before the day of the hearing.
10-24 (d) If on the hearing of the petition it is found by the
10-25 board that the proposed annexation of the area to the district is
10-26 feasible and practicable and would be of benefit both to the area
10-27 and to the district, the board, by order entered in its minutes
10-28 describing the area to be annexed, may receive the proposed area as
10-29 an addition to and part of the district. The order adding the
10-30 proposed territory to the district need not include all of the land
10-31 described in the petition, if on the hearing a modification or
10-32 change is found necessary or desirable by the board.
10-33 SECTION 6.04. ANNEXATION ORDER. (a) A copy of the order
10-34 adding or annexing land to the district, signed by a majority of
10-35 the members of the board and attested to by the secretary of the
10-36 board, shall be filed and recorded in the deed records of the
10-37 county or counties in which the district is located if the land is
10-38 finally annexed to the district.
10-39 (b) After the order is recorded, the area shall be a part of
10-40 the district.
10-41 ARTICLE 7. EXCLUSION OF LAND FROM DISTRICT
10-42 SECTION 7.01. PETITION. (a) The district, provided it does
10-43 not have any outstanding indebtedness secured by taxes or net
10-44 revenues of the district, may exclude land from the district by
10-45 petition of a landowner or on motion of the board of directors.
10-46 (b) A petition for exclusion of land must accurately
10-47 describe the land to be excluded by metes and bounds or by
10-48 reference to a plat recorded in the plat records of the county or
10-49 counties in which the land is located. The petition must be signed
10-50 by the owner or owners of the land to be excluded, by at least 10
10-51 percent of the owners of land to be excluded, or by five or more of
10-52 the owners of land to be excluded if the number of owners is more
10-53 than 50, must be filed with the district at least 15 days before
10-54 the hearing on the petition for exclusion, and shall clearly state
10-55 the particular grounds on which exclusion is sought. Only the
10-56 ground stated in the petition shall be considered.
10-57 SECTION 7.02. NOTICE AND HEARING. (a) Notice of the
10-58 hearing shall be published by the board once a week for two
10-59 consecutive weeks in one or more newspapers of general circulation
10-60 in the district. The first publication shall appear at least 15
10-61 days and not more than 40 days before the date of the hearing.
10-62 (b) Before determining to exclude any land, the board shall
10-63 find that the district has no obligations that will be impaired by
10-64 the exclusion of the land, that the district will incur no
10-65 obligations because of the exclusion, and that the exclusion is in
10-66 the best interests of the district.
10-67 (c) After considering all engineering data and other
10-68 evidence presented to it, if the board makes the findings set forth
10-69 in Subsection (b) of this section, the board shall enter an order
10-70 excluding all land meeting the conditions and shall redefine the
11-1 boundaries of the district in order to embrace all land not
11-2 excluded. If the land to be excluded contains water or wastewater
11-3 customers of the district, such customers shall remain customers of
11-4 the district, and owners of lots to which water and wastewater
11-5 facilities have already been extended shall also be allowed to
11-6 connect to the district's system and shall be customers of the
11-7 district.
11-8 SECTION 7.03. EFFECTIVE DATE OF ORDER EXCLUDING LAND.
11-9 (a) Except as provided by Subsection (c) of this section, an order
11-10 excluding land pursuant to a petition signed by the owner or owners
11-11 of the land to be excluded takes effect on the date the board
11-12 enters the order.
11-13 (b) Except as provided by Subsection (c) of this section, an
11-14 order excluding land pursuant to a petition signed by less than all
11-15 of the owners to be excluded takes effect:
11-16 (1) on the day following the deadline for submission
11-17 of a petition if the district does not receive a timely petition
11-18 under Subsection (b) of Section 7.04 of this Act; or
11-19 (2) on the day following the day the election returns
11-20 are canvassed if the district receives a timely petition under
11-21 Subsection (b) of Section 7.04 of this Act and the exclusion is
11-22 ratified at an election held for that purpose.
11-23 (c) Before an order excluding land under this section
11-24 becomes effective, all taxes levied and assessed by the district on
11-25 the land to be excluded shall be fully paid.
11-26 SECTION 7.04. PETITION FOR RATIFICATION ELECTION. (a) If
11-27 the board issues an order excluding land pursuant to a petition
11-28 signed by less than all of the owners of the land to be excluded,
11-29 the board shall publish notice describing the excluded land and
11-30 stating that the exclusion becomes final if the district does not
11-31 receive, not later than the 25th day after the date of the board's
11-32 order, a petition requesting a ratification election that is signed
11-33 by at least 10 percent of the qualified voters that reside in the
11-34 area to be excluded.
11-35 (b) Notice of the exclusion shall be published once a week
11-36 for two consecutive weeks in a newspaper of general circulation in
11-37 the district, and the first notice must be published not later than
11-38 the fifth day after the date of the board's order. If the district
11-39 receives, not later than the 25th day after the date of the board's
11-40 order, a petition requesting a ratification election that is signed
11-41 by at least 10 percent of the qualified voters that reside in the
11-42 land area to be excluded, the order does not take effect unless
11-43 approved by a majority vote of the residents of the district at a
11-44 ratification election held for that purpose.
11-45 (c) The notice of the election, the manner and time of
11-46 giving the notice, the manner of holding the election, and
11-47 qualifications of the voters shall be governed by Subchapter E,
11-48 Chapter 51, Water Code.
11-49 ARTICLE 8. DIVISION OF DISTRICT
11-50 SECTION 8.01. CONDITIONS OF DIVISION. (a) The district may
11-51 from time to time, provided it does not have any outstanding
11-52 indebtedness secured by taxes or net revenues, divide into two or
11-53 more districts; however, no division shall occur that would result
11-54 in the creation of a district of less than 100 acres in size. On
11-55 petition of any landowner or on the board's own motion, the board
11-56 of directors may consider a proposal to divide the original
11-57 district or any district subsequently created by division.
11-58 (b) With regard to the foregoing authority to divide the
11-59 district into one or more districts, it is not the intent of this
11-60 Act to encourage or promote the proliferation of numerous utility
11-61 providers within the subject territory. Rather, this Act is
11-62 intended to encourage and promote orderly development within the
11-63 subject territory and to facilitate the provision of dependable,
11-64 efficient utility services at affordable rates to customers of the
11-65 district.
11-66 SECTION 8.02. ELECTION; AUTHORITY OF NEW DISTRICTS. (a)
11-67 After the board of the original district has agreed on the terms
11-68 and conditions of division, which shall include a plan for the
11-69 payment of any outstanding current obligations and performance of
11-70 any outstanding obligations of the original district, and has
12-1 prepared a metes and bounds description of the proposed districts,
12-2 it shall order an election to be held in the district to determine
12-3 whether the original district should be divided as proposed.
12-4 (b) The board of the original district shall be divided if a
12-5 majority of the qualified voters in the original district vote in
12-6 favor of the division. The resulting districts shall be designated
12-7 by consecutive letters following the number of the original
12-8 district. For example, Paseo del Este No. 1, if divided into two
12-9 districts, shall become Paseo del Este No. 1A and Paseo del Este
12-10 No. 1B. No other confirmation election shall be necessary;
12-11 however, each resulting district, in order to issue bonds payable
12-12 wholly or partially from ad valorem taxes, shall be required to
12-13 obtain authorization for the issuance of the bonds by a majority
12-14 vote of the resident electors of the district voting in an election
12-15 called and held for that purpose. Notice of the election shall be
12-16 given as generally set forth for bond elections in Chapter 54,
12-17 Water Code. Each resulting district desiring to levy a maintenance
12-18 tax shall be required to obtain authorization for the tax by a
12-19 majority vote of the qualified resident electors of the district
12-20 voting in an election called and held for that purpose. Notice of
12-21 the election shall be given as generally set forth for such
12-22 elections in Chapter 54, Water Code.
12-23 SECTION 8.03. APPOINTMENT AND ELECTION OF DIRECTORS.
12-24 (a) After the district is divided into two or more districts, the
12-25 resulting districts shall be separate districts and shall be
12-26 governed as separate districts, provided that, during a period of
12-27 90 days after the date of the election to approve division, the
12-28 board of the original district shall continue to act on behalf of
12-29 the original district to wind up its affairs. The board of the
12-30 original district shall appoint two initial directors to each
12-31 resulting district to serve terms expiring September 1 of the
12-32 second year after the creation of each resulting district, and the
12-33 board of the original district shall appoint three initial
12-34 directors to each resulting district to serve terms expiring
12-35 September 1 of the fourth year after creation of each resulting
12-36 district. A board member of the original district may be appointed
12-37 as a director of one of the resulting districts.
12-38 (b) If an initial director dies, resigns, or is otherwise
12-39 removed, the board of the new district shall appoint a successor to
12-40 serve the unexpired term. When a director's term expires, his
12-41 successor shall be elected as provided in Section 2.04 of this Act.
12-42 SECTION 8.04. PAYMENT OF DISTRICT DEBTS. After the division
12-43 of the original district into two or more districts, the current
12-44 obligations and any bond authorizations of the original district
12-45 are protected and are not impaired. The debts may be paid by
12-46 taxes, revenues, or assessments levied on the land in the original
12-47 district as if it had not divided or with contributions from each
12-48 of the resulting districts on terms stated in the division proposed
12-49 by the board and approved by the election under Section 8.02 of
12-50 this Act.
12-51 SECTION 8.05. AUTHORITY OF RESULTING DISTRICTS. After
12-52 division, each of the resulting districts shall have the power to
12-53 incur and pay debts created by each district and shall in every
12-54 respect have the full power and authority of a district created and
12-55 governed by the provisions of this Act. Each of the resulting
12-56 districts shall have the authority to contract with one another for
12-57 the provision of water and wastewater services and for such other
12-58 matters as the board of directors of each of the districts deems
12-59 appropriate.
12-60 SECTION 8.06. ASSUMPTION OF OBLIGATIONS. After division,
12-61 each of the resulting districts shall assume the obligations of the
12-62 original district under any agreements or resolutions consenting to
12-63 the creation of the original district to the extent that such
12-64 agreements and resolutions do not impose obligations that limit the
12-65 district's powers and authority to issue bonds for any purpose
12-66 authorized by this Act. Any other obligations of the original
12-67 district shall be divided pro rata among the resulting districts
12-68 either on an acreage basis or on such other terms as are
12-69 satisfactory to the resulting districts.
12-70 SECTION 8.07. NOTICE TO TEXAS NATURAL RESOURCE CONSERVATION
13-1 COMMISSION. Within 30 days after a division election, the original
13-2 district that confirms a plan for division shall provide written
13-3 notice of such plan to the Texas Natural Resource Conservation
13-4 Commission.
13-5 ARTICLE 9. ANNEXATION AND DISSOLUTION OF DISTRICT
13-6 SECTION 9.01. ANNEXATION. (a) Notwithstanding any other
13-7 provision of law, on the annexation of the district or districts,
13-8 in the event of division under Article 8 of this Act, the annexing
13-9 municipality shall:
13-10 (1) assume all of the outstanding indebtedness of the
13-11 district;
13-12 (2) dissolve the district within six months of
13-13 annexation and become the owner of all district assets, including,
13-14 without limitation, all accounts receivable and the right to
13-15 collect all outstanding taxes, delinquent taxes, and other
13-16 indebtedness;
13-17 (3) refrain from imposing city taxes on property
13-18 located within the district at any time prior to dissolution of the
13-19 district;
13-20 (4) provide all city utility, emergency medical, fire,
13-21 police, garbage collection, and other standard municipal services
13-22 to residents of the district at the same rate as such services are
13-23 provided to in-city residents of similar developments; and
13-24 (5) with regard to zoning and other land use
13-25 regulation, honor regional land use planning within the district.
13-26 (b) Immediately on annexation of the district, the district
13-27 shall transfer all district assets to the annexing municipal
13-28 corporation in accordance with the instruments approved by the
13-29 annexing municipal corporation and the district.
13-30 ARTICLE 10. AFFORDABLE HOUSING
13-31 SECTION 10.01. A minimum of five percent of the residential
13-32 housing units within the district shall be utilized for the
13-33 construction of affordable housing, such affordable housing to be
13-34 distributed among different residential areas within the district.
13-35 In this section, "affordable housing" means housing available to
13-36 those with moderate, low, or very low income levels, as those
13-37 levels are determined periodically by the United States Department
13-38 of Housing and Urban Development based on the El Paso Standard
13-39 Metropolitan Statistical Area.
13-40 ARTICLE 11. MISCELLANEOUS PROVISIONS
13-41 SECTION 11.01. NO TAXATION. The accomplishment of the
13-42 purposes stated in this Act being for the benefit of the people of
13-43 this state and for the improvement of their properties and
13-44 industries, the district in carrying out the purposes of this Act
13-45 will be performing an essential public function under the
13-46 constitution and shall not be required to pay any tax or assessment
13-47 on the project or any part thereof, and the bonds or notes issued
13-48 under this Act and their transfer and the income therefrom,
13-49 including the profits made on the sale thereof, shall at all times
13-50 be free from taxation within this state.
13-51 SECTION 11.02. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
13-52 The proper and legal notice of the intention to introduce this Act,
13-53 setting forth the general substance of this Act, has been published
13-54 as provided by law, and the notice and a copy of this Act have been
13-55 furnished to all persons, agencies, officials, or entities to which
13-56 they are required to be furnished by the constitution and other
13-57 laws of this state, including the governor. All requirements of
13-58 the constitution and laws of this state and the rules and
13-59 procedures of the legislature with respect to the notice,
13-60 introduction, and passage of this Act are fulfilled and
13-61 accomplished.
13-62 SECTION 11.03. SEVERABILITY. If any word, phrase, clause,
13-63 sentence, paragraph, section, or other part of this Act or the
13-64 application thereof to any person or circumstance shall ever be
13-65 held to be invalid or unconstitutional by a court of competent
13-66 jurisdiction in this state, the remainder of the Act and the
13-67 application of such word, phrase, clause, sentence, paragraph,
13-68 section, or other part of this Act to other persons or
13-69 circumstances shall not be affected thereby. To the extent of a
13-70 conflict between a provision of this Act and any other law or
14-1 statute, this Act shall control.
14-2 SECTION 11.04. EMERGENCY. The importance of this
14-3 legislation and the crowded condition of the calendars in both
14-4 houses create an emergency and an imperative public necessity that
14-5 the constitutional rule requiring bills to be read on three several
14-6 days in each house be suspended, and this rule is hereby suspended,
14-7 and that this Act take effect and be in force from and after its
14-8 passage, and it is so enacted.
14-9 * * * * *