1-1 AN ACT 1-2 relating to the creation, administration, powers, duties, 1-3 functions, operations, and financing of the South Newton Special 1-4 Utility District. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. CREATION; LEGISLATIVE DECLARATION. (a) A 1-7 conservation and reclamation district is created in Newton and 1-8 Orange counties to be known as the South Newton Special Utility 1-9 District, subject to approval at a confirmation election as 1-10 specified under Section 10 of this Act. The district is a 1-11 governmental agency and a body politic and corporate. 1-12 (b) The district is created under and is essential to 1-13 accomplish the purposes of Section 59, Article XVI, Texas 1-14 Constitution. 1-15 SECTION 2. DEFINITION. In this Act, "district" means the 1-16 South Newton Special Utility District. 1-17 SECTION 3. BOUNDARIES. The district includes all the 1-18 territory contained in the following described area: 1-19 BEGINNING at a point in the west bank of the Sabine River in the 1-20 north line of the Enis Hardin Survey, Abstract 141, Newton County, 1-21 Texas; 1-22 THENCE West along the north line of said Enis Hardin Survey for a 1-23 distance of 15,863 feet to a point in the south line of the H.T. & 1-24 B.R.R., Section 7, Abstract 233, Newton County, for the northwest 2-1 corner of said Enis Hardin Survey; 2-2 THENCE South along the west line of said Enis Hardin Survey for a 2-3 distance of 3987 feet to the southwest corner of said Enis Hardin 2-4 Survey and the northwest corner of the B.J. Lewis Survey, Abstract 2-5 930, Newton County; 2-6 THENCE continuing South along a southward projection of the west 2-7 line of said Enis Hardin Survey at 1953 feet pass the south line of 2-8 said B.J. Lewis Survey and the north line of the H.T. & B.R.R., 2-9 Section 1, Abstract 234, Newton County, and continuing for a total 2-10 distance of 3413 feet to a point for corner; 2-11 THENCE West for a distance of 711 feet to a point for corner in the 2-12 west line of said H.T. & B.R.R., Section 1; 2-13 THENCE South along the west line of said H.T. & B.R.R., Section 1 2-14 for a distance of 6517 feet to a point for corner in the north line 2-15 of the Jas. A. Mason Survey, Abstract 324, Newton County and being 2-16 the southwest corner of said H.T. & B.R.R., Section 1; 2-17 THENCE South 80 West along the north line of said Jas. A. Mason 2-18 Survey for a distance of 218 feet to a point for corner in the 2-19 south line of the Charles E. Anderson Survey, Abstract 912, Newton 2-20 County and being the northeast corner of the Charles Champion 2-21 Survey, Abstract 77, Newton County and the northwest corner of said 2-22 Jas. A. Mason Survey; 2-23 THENCE South along the west line of said Jas. A. Mason Survey for a 2-24 distance of 5280 feet to the southwest corner of said survey and 2-25 being the northwest corner of the John Champion Survey, Abstract 2-26 78, Newton County; 2-27 THENCE East along the south line of said Jas. A. Mason Survey and 3-1 the north line of said John Champion Survey for a distance of 5696 3-2 feet to a point in the west line of the George Hayden Survey, 3-3 Abstract 919, Newton County and being the southeast corner of said 3-4 Jas. A. Mason Survey and northeast corner of said John Champion 3-5 Survey; 3-6 THENCE South along the west line of said George Hayden Survey and 3-7 the west line of the A. Schmidt Survey, Abstract 906, Newton County 3-8 for a distance of 5280 feet to a point in the south line of Newton 3-9 County and the north line of Orange County and being the southwest 3-10 corner of said A. Schmidt Survey and the northeast corner of the 3-11 Fisher & Henderson Survey, Abstract 84, Orange County, Texas and 3-12 also being the most northerly northwest corner of the G.C. & 3-13 S.F.R.R., Section 9, Abstract 263, Orange County, Texas; 3-14 THENCE South along the most northerly west line of said G.C. & 3-15 S.F.R.R., Section 9 for a distance of 5493 feet to the southeast 3-16 corner of said Fisher & Henderson Survey; 3-17 THENCE West along the south line of said Fisher & Henderson Survey 3-18 and the south line of the Low, Thaxton & Baxter Survey, Abstract 3-19 456, Orange County, Texas and being the most westerly north line of 3-20 said G.C. & S.F.R.R., Section 9 for a distance of 6687 feet to the 3-21 most westerly northwest corner of said G.C. & S.F.R.R., Section 9, 3-22 in the east line of the Julius Claybar Survey, Abstract 65, Orange 3-23 County, Texas; 3-24 THENCE South along the most westerly west line of said G.G. & 3-25 S.F.R.R., Section 9 and the east line of said Julius Claybar Survey 3-26 for a distance of 1018 feet to the southwest corner of said G.G. & 3-27 S.F.R.R., Section 9, in the north line of the Charles Morgan 4-1 League, Abstract 18, Orange County, Texas; 4-2 THENCE East along the north line of said Charles Morgan League for 4-3 a distance of 28,050 feet to a point for corner in the west bank of 4-4 the Sabine River; 4-5 THENCE northward with the meanders of the west bank of the Sabine 4-6 River for a distance of 74,252 feet, more or less, back to the 4-7 PLACE OF BEGINNING and containing 17,572 acres of land (27.5 square 4-8 miles) more or less, consisting of 14,022 acres in Newton County, 4-9 Texas and 3,550 acres in Orange County, Texas. 4-10 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature 4-11 finds that the boundaries and field notes of the district form a 4-12 closure. If any mistake is made in the field notes or in copying 4-13 the field notes in the legislative process, it in no way affects 4-14 the organization, existence, or validity of the district, or the 4-15 right of the district to issue any type of bonds or refunding bonds 4-16 for the purposes for which the district is created or to pay the 4-17 principal of and interest on the bonds, or in any other manner 4-18 affects the legality or operation of the district or its governing 4-19 body. 4-20 SECTION 5. FINDING OF BENEFIT. The legislature finds that 4-21 all of the land and other property included within the boundaries 4-22 of the district will be benefited by the works and projects that 4-23 are to be accomplished by the district under powers conferred by 4-24 Section 59, Article XVI, Texas Constitution, and that the district 4-25 is created to serve a public use and benefit. 4-26 SECTION 6. POWERS. (a) The district has all of the rights, 4-27 powers, privileges, authority, functions, and duties conferred by 5-1 the general law of this state applicable to special utility 5-2 districts created under Section 59, Article XVI, Texas 5-3 Constitution, including Chapters 49 and 65, Water Code. This Act 5-4 prevails over any provision of general law that is in conflict or 5-5 inconsistent with this Act. 5-6 (b) The rights, powers, privileges, authority, functions, 5-7 and duties granted to the district are subject to the continuing 5-8 right of supervision of the state to be exercised by and through 5-9 the Texas Natural Resource Conservation Commission. 5-10 SECTION 7. BOARD OF DIRECTORS. (a) The district is 5-11 governed by a board of seven directors. 5-12 (b) Five directors shall be residents of Newton County and 5-13 two directors shall be residents of Orange County. The board by 5-14 resolution may amend the requirement of this subsection as 5-15 necessary to comply with federal law. 5-16 SECTION 8. TERMS OF DIRECTORS. (a) Temporary directors 5-17 serve until initial directors are elected under Section 10 of this 5-18 Act. 5-19 (b) Initial directors serve until permanent directors are 5-20 elected under Section 11 of this Act. 5-21 (c) Permanent directors serve staggered four-year terms. 5-22 (d) Each director must qualify to serve as director in the 5-23 manner provided by Section 49.055, Water Code. 5-24 (e) A director serves until the director's successor has 5-25 qualified. 5-26 SECTION 9. TEMPORARY DIRECTORS. (a) The temporary board of 5-27 directors is composed of: 6-1 (1) Clyde Taylor; 6-2 (2) Eddie Jean Stephenson; 6-3 (3) Cal Ebner; 6-4 (4) Clyde LeLeux; 6-5 (5) Verley Spell; 6-6 (6) Sandra Welch; and 6-7 (7) Leonard Powell. 6-8 (b) If a temporary director does not qualify for office, the 6-9 remaining directors shall appoint a person to fill the vacancy. If 6-10 at any time the number of qualified directors is less than seven 6-11 for any other reason, the Texas Natural Resource Conservation 6-12 Commission shall appoint the necessary number of directors to fill 6-13 all vacancies on the board. 6-14 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. 6-15 (a) The temporary board of directors shall call and hold an 6-16 election to confirm establishment of the district and to elect 6-17 seven initial directors as provided by Chapter 49, Water Code. 6-18 (b) Section 41.001(a), Election Code, does not apply to a 6-19 confirmation election held as provided by this section. 6-20 SECTION 11. ELECTION OF DIRECTORS. On the first Saturday in 6-21 May of the first even-numbered year after the year in which the 6-22 confirmation election is held, an election shall be held in the 6-23 district for the election at large of four directors who shall each 6-24 serve two-year terms and three directors who shall each serve 6-25 four-year terms. Thereafter, on the same date in each subsequent 6-26 second year, the appropriate number of directors shall be elected 6-27 to the board. 7-1 SECTION 12. ADDITIONAL POWERS. (a) The district as a 7-2 special utility district may issue bonds to provide for all 7-3 improvements and the maintenance of those improvements necessary to 7-4 achieve the purposes of Section 59, Article XVI, Texas 7-5 Constitution, and may provide for the payment of the bonds through 7-6 revenues collected for that purpose as authorized by Chapter 65, 7-7 Water Code. 7-8 (b) The district may enter into contracts for: 7-9 (1) the purchase or sale of both raw and treated 7-10 water; 7-11 (2) the transportation, treatment, and disposal of the 7-12 district's municipal or industrial waste; 7-13 (3) the transportation, treatment, and disposal of 7-14 municipal or industrial waste of others as provided by Chapter 30, 7-15 Water Code; 7-16 (4) the purchase, lease, use, management, control, or 7-17 operation of water treatment or distribution facilities or sewer 7-18 collection and treatment facilities, including all or part of 7-19 facilities or systems owned by other political subdivisions; and 7-20 (5) planning, surveying, investigating, or preparing 7-21 reports of any kind. 7-22 (c) The district may acquire, develop, and use underground 7-23 or surface water rights. 7-24 SECTION 13. DISTRICT FACILITIES. (a) The district by rule 7-25 may establish standard specifications for facilities that are 7-26 designed or constructed to provide: 7-27 (1) storage, treatment, or transportation of water for 8-1 domestic, municipal, or industrial purposes; 8-2 (2) collection, treatment, and disposal of sewage; or 8-3 (3) disposal of solid waste. 8-4 (b) The board shall hold a public hearing on the adoption of 8-5 standards for facilities of the district. The board shall give 8-6 notice of the hearing to the Texas Natural Resource Conservation 8-7 Commission and the Texas Department of Health and shall publish 8-8 notice of the hearing in a newspaper with general circulation in 8-9 the district not later than the 10th day before the date set for 8-10 the hearing. 8-11 (c) Appeal for an order adopting standard specifications may 8-12 be made to a district court of either Newton or Orange County, and 8-13 the substantial evidence rule applies. 8-14 (d) The district may seek injunctive relief against the 8-15 construction of, addition to, or operation of any facility within 8-16 the district's jurisdiction if the construction of, addition to, or 8-17 operation of the facility does not comply with the district's 8-18 standard specifications. 8-19 (e) The district shall file the district's standard 8-20 specifications with the Texas Natural Resource Conservation 8-21 Commission. 8-22 (f) Specifications adopted under this section do not apply 8-23 within the boundaries or extraterritorial jurisdiction of a 8-24 municipality unless the governing body of the municipality by 8-25 resolution gives its approval. 8-26 SECTION 14. CONSTRUCTION AND ACQUISITION OF SYSTEMS. 8-27 (a) The district may acquire any existing water system, sewer 9-1 system, or water and sewer system that serves all or part of the 9-2 territory located inside or outside the district's boundaries. 9-3 (b) The district may improve and extend an acquired system 9-4 or may construct a water system, sewer system, or a water and sewer 9-5 system. 9-6 (c) Construction contracts are governed by the competitive 9-7 bidding requirement of the Water Code. Contracts for the 9-8 acquisition of existing water or sewer facilities may be made on 9-9 terms agreed on by the parties. 9-10 SECTION 15. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 9-11 (a) The proper and legal notice of the intention to introduce this 9-12 Act, setting forth the general substance of this Act, has been 9-13 published as provided by law, and the notice and a copy of this Act 9-14 has been furnished to all persons, agencies, officials, or entities 9-15 to which they are required to be furnished by the constitution and 9-16 laws of this state, including the governor, who has submitted the 9-17 notice and Act to the Texas Natural Resource Conservation 9-18 Commission. 9-19 (b) The Texas Natural Resource Conservation Commission has 9-20 filed its recommendations relating to this Act with the governor, 9-21 lieutenant governor, and speaker of the house of representatives 9-22 within the required time. 9-23 (c) The general law relating to consent by political 9-24 subdivisions to the creation of conservation and reclamation 9-25 districts and the inclusion of land in those districts has been 9-26 complied with, and all requirements of the constitution and laws of 9-27 this state and the rules and procedures of this legislature with 10-1 respect to the notice, introduction, and passage of this Act are 10-2 fulfilled and accomplished. 10-3 SECTION 16. EMERGENCY. The importance of this legislation 10-4 and the crowded condition of the calendars in both houses create an 10-5 emergency and an imperative public necessity that the 10-6 constitutional rule requiring bills to be read on three several 10-7 days in each house be suspended, and this rule is hereby suspended, 10-8 and that this Act take effect and be in force from and after its 10-9 passage, and it is so enacted. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 3549 was passed by the House on May 7, 1997, by the following vote: Yeas 139, Nays 0, 2 present, not voting. _______________________________ Chief Clerk of the House I certify that H.B. No. 3549 was passed by the Senate on May 22, 1997, by the following vote: Yeas 31, Nays 0. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor