By Lewis of Orange H.B. No. 3549
75R5398 MI-F
A BILL TO BE ENTITLED
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 ad valorem taxes and revenues collected for that purpose as
7-7 authorized by Chapter 65, 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.
10-10 COMMITTEE AMENDMENT NO. 1
10-11 Amend H.B. 3549 as follows:
10-12 On page 7, line 6, strike the words "ad valorem taxes and"
10-13 between the words "through" on line 5 and "revenues" on line 6.
10-14 Lewis of Orange