1-1 By: Lewis of Orange (Senate Sponsor - Nixon) H.B. No. 3549 1-2 (In the Senate - Received from the House May 8, 1997; 1-3 May 9, 1997, read first time and referred to Committee on Natural 1-4 Resources; May 15, 1997, reported favorably by the following vote: 1-5 Yeas 6, Nays 0; May 15, 1997, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the creation, administration, powers, duties, 1-9 functions, operations, and financing of the South Newton Special 1-10 Utility District. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. CREATION; LEGISLATIVE DECLARATION. (a) A 1-13 conservation and reclamation district is created in Newton and 1-14 Orange counties to be known as the South Newton Special Utility 1-15 District, subject to approval at a confirmation election as 1-16 specified under Section 10 of this Act. The district is a 1-17 governmental agency and a body politic and corporate. 1-18 (b) The district is created under and is essential to 1-19 accomplish the purposes of Section 59, Article XVI, Texas 1-20 Constitution. 1-21 SECTION 2. DEFINITION. In this Act, "district" means the 1-22 South Newton Special Utility District. 1-23 SECTION 3. BOUNDARIES. The district includes all the 1-24 territory contained in the following described area: 1-25 BEGINNING at a point in the west bank of the Sabine River in the 1-26 north line of the Enis Hardin Survey, Abstract 141, Newton County, 1-27 Texas; 1-28 THENCE West along the north line of said Enis Hardin Survey for a 1-29 distance of 15,863 feet to a point in the south line of the H.T. & 1-30 B.R.R., Section 7, Abstract 233, Newton County, for the northwest 1-31 corner of said Enis Hardin Survey; 1-32 THENCE South along the west line of said Enis Hardin Survey for a 1-33 distance of 3987 feet to the southwest corner of said Enis Hardin 1-34 Survey and the northwest corner of the B.J. Lewis Survey, Abstract 1-35 930, Newton County; 1-36 THENCE continuing South along a southward projection of the west 1-37 line of said Enis Hardin Survey at 1953 feet pass the south line of 1-38 said B.J. Lewis Survey and the north line of the H.T. & B.R.R., 1-39 Section 1, Abstract 234, Newton County, and continuing for a total 1-40 distance of 3413 feet to a point for corner; 1-41 THENCE West for a distance of 711 feet to a point for corner in the 1-42 west line of said H.T. & B.R.R., Section 1; 1-43 THENCE South along the west line of said H.T. & B.R.R., Section 1 1-44 for a distance of 6517 feet to a point for corner in the north line 1-45 of the Jas. A. Mason Survey, Abstract 324, Newton County and being 1-46 the southwest corner of said H.T. & B.R.R., Section 1; 1-47 THENCE South 80 West along the north line of said Jas. A. Mason 1-48 Survey for a distance of 218 feet to a point for corner in the 1-49 south line of the Charles E. Anderson Survey, Abstract 912, Newton 1-50 County and being the northeast corner of the Charles Champion 1-51 Survey, Abstract 77, Newton County and the northwest corner of said 1-52 Jas. A. Mason Survey; 1-53 THENCE South along the west line of said Jas. A. Mason Survey for a 1-54 distance of 5280 feet to the southwest corner of said survey and 1-55 being the northwest corner of the John Champion Survey, Abstract 1-56 78, Newton County; 1-57 THENCE East along the south line of said Jas. A. Mason Survey and 1-58 the north line of said John Champion Survey for a distance of 5696 1-59 feet to a point in the west line of the George Hayden Survey, 1-60 Abstract 919, Newton County and being the southeast corner of said 1-61 Jas. A. Mason Survey and northeast corner of said John Champion 1-62 Survey; 1-63 THENCE South along the west line of said George Hayden Survey and 1-64 the west line of the A. Schmidt Survey, Abstract 906, Newton County 2-1 for a distance of 5280 feet to a point in the south line of Newton 2-2 County and the north line of Orange County and being the southwest 2-3 corner of said A. Schmidt Survey and the northeast corner of the 2-4 Fisher & Henderson Survey, Abstract 84, Orange County, Texas and 2-5 also being the most northerly northwest corner of the G.C. & 2-6 S.F.R.R., Section 9, Abstract 263, Orange County, Texas; 2-7 THENCE South along the most northerly west line of said G.C. & 2-8 S.F.R.R., Section 9 for a distance of 5493 feet to the southeast 2-9 corner of said Fisher & Henderson Survey; 2-10 THENCE West along the south line of said Fisher & Henderson Survey 2-11 and the south line of the Low, Thaxton & Baxter Survey, Abstract 2-12 456, Orange County, Texas and being the most westerly north line of 2-13 said G.C. & S.F.R.R., Section 9 for a distance of 6687 feet to the 2-14 most westerly northwest corner of said G.C. & S.F.R.R., Section 9, 2-15 in the east line of the Julius Claybar Survey, Abstract 65, Orange 2-16 County, Texas; 2-17 THENCE South along the most westerly west line of said G.G. & 2-18 S.F.R.R., Section 9 and the east line of said Julius Claybar Survey 2-19 for a distance of 1018 feet to the southwest corner of said G.G. & 2-20 S.F.R.R., Section 9, in the north line of the Charles Morgan 2-21 League, Abstract 18, Orange County, Texas; 2-22 THENCE East along the north line of said Charles Morgan League for 2-23 a distance of 28,050 feet to a point for corner in the west bank of 2-24 the Sabine River; 2-25 THENCE northward with the meanders of the west bank of the Sabine 2-26 River for a distance of 74,252 feet, more or less, back to the 2-27 PLACE OF BEGINNING and containing 17,572 acres of land (27.5 square 2-28 miles) more or less, consisting of 14,022 acres in Newton County, 2-29 Texas and 3,550 acres in Orange County, Texas. 2-30 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature 2-31 finds that the boundaries and field notes of the district form a 2-32 closure. If any mistake is made in the field notes or in copying 2-33 the field notes in the legislative process, it in no way affects 2-34 the organization, existence, or validity of the district, or the 2-35 right of the district to issue any type of bonds or refunding bonds 2-36 for the purposes for which the district is created or to pay the 2-37 principal of and interest on the bonds, or in any other manner 2-38 affects the legality or operation of the district or its governing 2-39 body. 2-40 SECTION 5. FINDING OF BENEFIT. The legislature finds that 2-41 all of the land and other property included within the boundaries 2-42 of the district will be benefited by the works and projects that 2-43 are to be accomplished by the district under powers conferred by 2-44 Section 59, Article XVI, Texas Constitution, and that the district 2-45 is created to serve a public use and benefit. 2-46 SECTION 6. POWERS. (a) The district has all of the rights, 2-47 powers, privileges, authority, functions, and duties conferred by 2-48 the general law of this state applicable to special utility 2-49 districts created under Section 59, Article XVI, Texas 2-50 Constitution, including Chapters 49 and 65, Water Code. This Act 2-51 prevails over any provision of general law that is in conflict or 2-52 inconsistent with this Act. 2-53 (b) The rights, powers, privileges, authority, functions, 2-54 and duties granted to the district are subject to the continuing 2-55 right of supervision of the state to be exercised by and through 2-56 the Texas Natural Resource Conservation Commission. 2-57 SECTION 7. BOARD OF DIRECTORS. (a) The district is 2-58 governed by a board of seven directors. 2-59 (b) Five directors shall be residents of Newton County and 2-60 two directors shall be residents of Orange County. The board by 2-61 resolution may amend the requirement of this subsection as 2-62 necessary to comply with federal law. 2-63 SECTION 8. TERMS OF DIRECTORS. (a) Temporary directors 2-64 serve until initial directors are elected under Section 10 of this 2-65 Act. 2-66 (b) Initial directors serve until permanent directors are 2-67 elected under Section 11 of this Act. 2-68 (c) Permanent directors serve staggered four-year terms. 2-69 (d) Each director must qualify to serve as director in the 3-1 manner provided by Section 49.055, Water Code. 3-2 (e) A director serves until the director's successor has 3-3 qualified. 3-4 SECTION 9. TEMPORARY DIRECTORS. (a) The temporary board of 3-5 directors is composed of: 3-6 (1) Clyde Taylor; 3-7 (2) Eddie Jean Stephenson; 3-8 (3) Cal Ebner; 3-9 (4) Clyde LeLeux; 3-10 (5) Verley Spell; 3-11 (6) Sandra Welch; and 3-12 (7) Leonard Powell. 3-13 (b) If a temporary director does not qualify for office, the 3-14 remaining directors shall appoint a person to fill the vacancy. If 3-15 at any time the number of qualified directors is less than seven 3-16 for any other reason, the Texas Natural Resource Conservation 3-17 Commission shall appoint the necessary number of directors to fill 3-18 all vacancies on the board. 3-19 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. 3-20 (a) The temporary board of directors shall call and hold an 3-21 election to confirm establishment of the district and to elect 3-22 seven initial directors as provided by Chapter 49, Water Code. 3-23 (b) Section 41.001(a), Election Code, does not apply to a 3-24 confirmation election held as provided by this section. 3-25 SECTION 11. ELECTION OF DIRECTORS. On the first Saturday in 3-26 May of the first even-numbered year after the year in which the 3-27 confirmation election is held, an election shall be held in the 3-28 district for the election at large of four directors who shall each 3-29 serve two-year terms and three directors who shall each serve 3-30 four-year terms. Thereafter, on the same date in each subsequent 3-31 second year, the appropriate number of directors shall be elected 3-32 to the board. 3-33 SECTION 12. ADDITIONAL POWERS. (a) The district as a 3-34 special utility district may issue bonds to provide for all 3-35 improvements and the maintenance of those improvements necessary to 3-36 achieve the purposes of Section 59, Article XVI, Texas 3-37 Constitution, and may provide for the payment of the bonds through 3-38 revenues collected for that purpose as authorized by Chapter 65, 3-39 Water Code. 3-40 (b) The district may enter into contracts for: 3-41 (1) the purchase or sale of both raw and treated 3-42 water; 3-43 (2) the transportation, treatment, and disposal of the 3-44 district's municipal or industrial waste; 3-45 (3) the transportation, treatment, and disposal of 3-46 municipal or industrial waste of others as provided by Chapter 30, 3-47 Water Code; 3-48 (4) the purchase, lease, use, management, control, or 3-49 operation of water treatment or distribution facilities or sewer 3-50 collection and treatment facilities, including all or part of 3-51 facilities or systems owned by other political subdivisions; and 3-52 (5) planning, surveying, investigating, or preparing 3-53 reports of any kind. 3-54 (c) The district may acquire, develop, and use underground 3-55 or surface water rights. 3-56 SECTION 13. DISTRICT FACILITIES. (a) The district by rule 3-57 may establish standard specifications for facilities that are 3-58 designed or constructed to provide: 3-59 (1) storage, treatment, or transportation of water for 3-60 domestic, municipal, or industrial purposes; 3-61 (2) collection, treatment, and disposal of sewage; or 3-62 (3) disposal of solid waste. 3-63 (b) The board shall hold a public hearing on the adoption of 3-64 standards for facilities of the district. The board shall give 3-65 notice of the hearing to the Texas Natural Resource Conservation 3-66 Commission and the Texas Department of Health and shall publish 3-67 notice of the hearing in a newspaper with general circulation in 3-68 the district not later than the 10th day before the date set for 3-69 the hearing. 4-1 (c) Appeal for an order adopting standard specifications may 4-2 be made to a district court of either Newton or Orange County, and 4-3 the substantial evidence rule applies. 4-4 (d) The district may seek injunctive relief against the 4-5 construction of, addition to, or operation of any facility within 4-6 the district's jurisdiction if the construction of, addition to, or 4-7 operation of the facility does not comply with the district's 4-8 standard specifications. 4-9 (e) The district shall file the district's standard 4-10 specifications with the Texas Natural Resource Conservation 4-11 Commission. 4-12 (f) Specifications adopted under this section do not apply 4-13 within the boundaries or extraterritorial jurisdiction of a 4-14 municipality unless the governing body of the municipality by 4-15 resolution gives its approval. 4-16 SECTION 14. CONSTRUCTION AND ACQUISITION OF SYSTEMS. 4-17 (a) The district may acquire any existing water system, sewer 4-18 system, or water and sewer system that serves all or part of the 4-19 territory located inside or outside the district's boundaries. 4-20 (b) The district may improve and extend an acquired system 4-21 or may construct a water system, sewer system, or a water and sewer 4-22 system. 4-23 (c) Construction contracts are governed by the competitive 4-24 bidding requirement of the Water Code. Contracts for the 4-25 acquisition of existing water or sewer facilities may be made on 4-26 terms agreed on by the parties. 4-27 SECTION 15. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 4-28 (a) The proper and legal notice of the intention to introduce this 4-29 Act, setting forth the general substance of this Act, has been 4-30 published as provided by law, and the notice and a copy of this Act 4-31 has been furnished to all persons, agencies, officials, or entities 4-32 to which they are required to be furnished by the constitution and 4-33 laws of this state, including the governor, who has submitted the 4-34 notice and Act to the Texas Natural Resource Conservation 4-35 Commission. 4-36 (b) The Texas Natural Resource Conservation Commission has 4-37 filed its recommendations relating to this Act with the governor, 4-38 lieutenant governor, and speaker of the house of representatives 4-39 within the required time. 4-40 (c) The general law relating to consent by political 4-41 subdivisions to the creation of conservation and reclamation 4-42 districts and the inclusion of land in those districts has been 4-43 complied with, and all requirements of the constitution and laws of 4-44 this state and the rules and procedures of this legislature with 4-45 respect to the notice, introduction, and passage of this Act are 4-46 fulfilled and accomplished. 4-47 SECTION 16. EMERGENCY. The importance of this legislation 4-48 and the crowded condition of the calendars in both houses create an 4-49 emergency and an imperative public necessity that the 4-50 constitutional rule requiring bills to be read on three several 4-51 days in each house be suspended, and this rule is hereby suspended, 4-52 and that this Act take effect and be in force from and after its 4-53 passage, and it is so enacted. 4-54 * * * * *