By Pickett H.B. No. 3554
75R9354 JMC-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the inclusion of the territory of the Town of Clint in
1-3 the Lower Valley Water District.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. DEFINITIONS. In this Act:
1-6 (1) "Board" means the board of directors of the Lower
1-7 Valley Water District.
1-8 (2) "Commission" means the Texas Natural Resource
1-9 Conservation Commission.
1-10 (3) "District" means the Lower Valley Water District.
1-11 (4) "School district" means the Clint Independent
1-12 School District.
1-13 (5) "Town" means the Town of Clint.
1-14 SECTION 2. FINDINGS RELATING TO TERRITORY CHANGE AND
1-15 EXTENSION OF SERVICES. The legislature finds that:
1-16 (1) the town is located in El Paso County and does not
1-17 own or operate a municipal water or wastewater system;
1-18 (2) the school district operates the only water
1-19 distribution system within the boundaries of the town;
1-20 (3) the water distribution system operated by the
1-21 school district within the town does not serve all residents of the
1-22 town;
1-23 (4) the trustees of the school district have expressed
1-24 a desire to sell to the district a transmission line that the
2-1 school district owns and any interest the school district may own
2-2 in the water distribution system operated by the school district
2-3 within the town;
2-4 (5) the territory of the town is surrounded entirely
2-5 by the district but is not within the boundaries of the district;
2-6 (6) the district is constructing a water distribution
2-7 project and a wastewater collection project for purposes of
2-8 providing service to areas in and around the town;
2-9 (7) if the projects described by Subdivision (6) of
2-10 this section are extended, the projects are capable of providing
2-11 services to the residents of the town; and
2-12 (8) the governing body of the town has issued a
2-13 resolution expressing a desire for the district to annex the
2-14 territory of the town for purposes of providing water and
2-15 wastewater services to the residents of the town.
2-16 SECTION 3. AMENDMENT. Section 2(a), Chapter 780, Acts of
2-17 the 69th Legislature, Regular Session, 1985, is amended to read as
2-18 follows:
2-19 (a) The authority shall include all of the territory
2-20 contained within the following described areas:
2-21 Beginning at the most southerly point of the incorporated boundary
2-22 of the City of El Paso, Texas, said point also being common to the
2-23 United States Mexico boundary;
2-24 Thence, Northerly following along the existing city limits boundary
2-25 a distance of 6.0 miles (approximately) to the North right-of-way
2-26 line of U.S. Interstate 10;
2-27 Thence, Easterly following along the North right-of-way line of
3-1 U.S. Interstate 10 a distance of .85 miles (approximately) to a
3-2 point;
3-3 Thence, Northerly along the boundary of the Horizon Water District
3-4 a distance of 1.2 miles (approximately) to a point on the common
3-5 corner of W. J. Rand Survey 315 1/2 and C.D. Stewart Survey 317,
3-6 318 and 319;
3-7 Thence, West following along the boundary of the Horizon Water
3-8 District along the common line of W.J. Rand Survey 315 1/2 and C.D.
3-9 Stewart Survey 317 a distance of 1.0 mile to the common corner of
3-10 O.A. Danielson Surveys 315 and 316, W.J. Rand Survey 315 1/2 and
3-11 C.D. Stewart Survey 317;
3-12 Thence, North following along the boundary of the Horizon Water
3-13 District along the common line of W.J. Rand Survey 315 1/2 and O.A.
3-14 Danielson Survey 315 a distance of 1.0 mile to the common corner of
3-15 O.A. Danielson Survey 312 and 315, W.J. Rand Survey 315 1/2 and
3-16 Block 79, TSP 3, Section 17 of the T & P R.R. Surveys;
3-17 Thence, East following along the boundary of the Horizon Water
3-18 District along the common line of W.J. Rand Survey 315 1/2 and
3-19 Block 79, TSP 3, Section 17 of the T & P R.R. Surveys a distance of
3-20 1.0 mile to the common corner of Sections 17 and 18, Block 79, TSP
3-21 3 of the T & P R.R. Surveys, W.J. Rand Survey 315 1/2 and C.D.
3-22 Stewart Survey 319;
3-23 Thence, North following along the boundary of the Horizon Water
3-24 District along the common line of Sections 17 and 18, Block 79, TSP
3-25 3 of the T & P R.R. Surveys a distance of 1.0 miles to the common
3-26 corner of Sections 15, 16, 17 and 18, Block 79, TSP 3 of the T & P
3-27 R.R. Surveys;
4-1 Thence, East following along the boundary of the Horizon Water
4-2 District along the common line of Sections 15 and 18, Block 79, TSP
4-3 3 of the T & P R.R. Surveys a distance of 1.0 mile to the common
4-4 corner of Sections 14, 15, 18 and 19, Block 79, TSP 3 of the T & P
4-5 R.R. Surveys;
4-6 Thence, South following along the boundary of the Horizon Water
4-7 District along the common line of Sections 18 and 19, Block 79, TSP
4-8 3 of the T & P R.R. Surveys a distance of 1.0 mile to the common
4-9 corner of Sections 18, 19 an 22 of the T & P R.R. Surveys and C.D.
4-10 Stewart Survey 319;
4-11 Thence, East following along the boundary of the Horizon Water
4-12 District along the common line of Sections 19 and 22, Block 79, TSP
4-13 3 of the T & P R.R. Surveys a distance of 1.0 mile to the common
4-14 corner of Sections 19, 20, 21 and 22, Block 79, TSP 3 of the T & P
4-15 R.R. Surveys;
4-16 Thence, South following along the boundary of the Horizon Water
4-17 District along the common line of Sections of 21 and 22, Block 79,
4-18 TSP 3 of the T & P R.R. Surveys a distance of .5 mile to a point;
4-19 Thence, West following along the boundary of the Horizon Water
4-20 District a distance of .5 mile (approximately) to a point;
4-21 Thence, South following along the boundary of the Horizon Water
4-22 District a distance of .5 mile (approximately) to the common line
4-23 of Section 22, Block 79, TSP 3 of the T & P R.R. Surveys and C.D.
4-24 Stewart Survey 320;
4-25 Thence, East following along the boundary of the Horizon Water
4-26 District and the common line of Section 22, Block 79, TSP 3 of the
4-27 T & P R.R. Surveys and C.D. Stewart Survey 320 a distance of .5
5-1 mile (approximately) to the common corner of Sections 21 and 22,
5-2 Block 79, TSP 3 of the T & P R.R. Surveys, C.D. Stewart 320 and
5-3 W.J. Rand Survey 325;
5-4 Thence, South following along the boundary of the Horizon Water
5-5 District and the common line of C.D. Stewart Survey 320 and W.J.
5-6 Rand Survey 325 a distance of 1.0 mile to the common corner of C.D.
5-7 Stewart Surveys 320, 321, 322 and W.J. Rand Survey 325;
5-8 Thence, West following along the boundary of the Horizon Water
5-9 District and also being the common line of C.D. Stewart Surveys 320
5-10 and 322 a distance of 1.0 mile to the common corner of C.D. Stewart
5-11 Surveys 318, 320, 322 and 323;
5-12 Thence, South following the boundary of the Horizon Water District
5-13 and also being the common line of C.D. Stewart Surveys 322 and 323
5-14 a distance of 1.0 mile to the common corner of C.D. Stewart Surveys
5-15 322, 323 and Leigh Clark Surveys 292 and 293;
5-16 Thence, East following the boundary of the Horizon Water District
5-17 and also being the common line of C.D. Stewart Survey 322 and Leigh
5-18 Clark Survey 292 a distance of 1.0 mile to the common corner of
5-19 C.D. Stewart Surveys 321, 322 and Leigh Clark Survey 291 and 292;
5-20 Thence, South following the boundary of the Horizon Water District
5-21 and also being the common line of Leigh Clark Surveys 291 and 292 a
5-22 distance of 1.0 mile to the common corner of Leigh Clark Surveys
5-23 291, 292, 295 and 296;
5-24 Thence, West following the boundary of the Horizon Water District
5-25 and also being the common line of Leigh Clark Surveys 292 and 295 a
5-26 distance of 1.0 mile to the common corner of Leigh Clark Surveys
5-27 292, 293, 294 and 295;
6-1 Thence, South following the boundary of the Horizon Water District
6-2 and also being the common line of Leigh Clark Surveys 294 and 295 a
6-3 distance of 1.0 mile to the common corner of Leigh Clark Surveys
6-4 294 and 295;
6-5 Thence, East following the boundary of the Horizon Water District
6-6 and being the common section lines of several surveys a distance of
6-7 6.0 miles to the common corner of Sections 2, 3, 8 and 9, Block 78,
6-8 TSP 4 of the T & P R.R. Surveys;
6-9 Thence, North following the boundary of the Horizon Water District
6-10 and being the common line of Sections 2 and 3, Block 78, TSP 4 of
6-11 the T & P R.R. Surveys a distance of 1.0 mile to the common corner
6-12 of Sections 46 and 47, Block 78, TSP 3 and Sections 2 and 3, Block
6-13 78, TSP 4 of the T & P R.R. Surveys;
6-14 Thence, East following the boundary of the Horizon Water District
6-15 and being the common section lines of several surveys a distance of
6-16 6.0 miles to the common corner of Sections 46 and 47, Block 77, TSP
6-17 3 and Sections 2 and 3, Block 77, TSP 4 of the T & P R.R. Surveys;
6-18 Thence, South following along the boundary of the Horizon Water
6-19 District and being the common line of Sections 2 and 3, Block 77,
6-20 TSP 4 of the T & P RR Surveys, a distance of one mile to the common
6-21 corner of Sections 2, 3, 10 and 11, Block 77, TSP 4 of the T & P RR
6-22 Surveys;
6-23 Thence, East following along the boundary of the Horizon Water
6-24 District and being the common line of Sections 2 and 11, Block 77,
6-25 TSP 4 of the T & P R.R. Surveys a distance of 1.0 mile to the
6-26 common corners of Sections 1, 2, 11 and 12, Block 77, TSP 4 of the
6-27 T & P R.R. Surveys;
7-1 Thence South following along the boundary of the Horizon Water
7-2 District and being the common line of Sections 11 and 12, Block 77,
7-3 TSP 4 of the T & P R.R. Surveys a distance of 1.0 mile to the
7-4 common corners of Sections 11, 12, 13 and 14, Block 77, TSP 4 of
7-5 the T & P R.R. Surveys;
7-6 Thence, East following along the boundary of the Horizon Water
7-7 District and being the common line of Sections 12 and 13, Block 77,
7-8 TSP 4 of the T & P R.R. Surveys a distance of 1.0 mile to the
7-9 common line of El Paso County and Hudspeth County;
7-10 Thence along said county line, South 11 miles to a point, said
7-12 corner of Survey No. 349;
7-13 Thence continuing along the Hudspeth-El Paso County line, East 2.0
7-15 348;
7-16 Thence continuing along the Hudspeth-El Paso County line, South 4.0
7-17 miles to a point;
7-18 Thence continuing along the Hudspeth-El Paso County line, East 0.25
7-19 miles to the most easterly corner of Survey No. 362;
7-20 Thence continuing along the Hudspeth-El Paso County line, South 45
7-21 06' West, 3.2 miles to a point on the United States-Mexico
7-22 international boundary and as defined by the rectified Rio Grande
7-23 river channel;
7-24 Thence following along said international boundary line in a
7-25 northwesterly direction, 28 miles (approximately) to the point of
7-26 beginning of this description. Save and except the existing areas
7-27 encompassed by the following entities; 1) [City of Clint, Texas,
8-1 2)] El Paso County Water Authority (Horizon), 2) [3)] Fabens Water
8-2 Control and Water Improvement District No. 4, 3) [4)] Haciendas Del
8-3 Norte Water Improvement District, 4) [5)] San Elizario Municipal
8-4 Utility District, 5) [6)] Cuadrilla Water Improvement Corporation,
8-5 and 6) [7)] the area serviced by the Tornillo Water Supply
8-6 Corporation, more specifically described as follows:
8-7 Beginning at the intersection of the northwesterly line of
8-8 Section 12, Blk L. (University Lands and the southerly R.O.W. line
8-9 of Interstate I-10,
8-10 Thence along said R.O.W. as follows:
8-11 S 57 19' 42" E 441.77 ft
8-12 Thence S 49 51' 53" E 2948.41 ft
8-13 Thence S 42 24' 05" E 902.93 ft
8-14 Thence S 47 35' 55" W 50.00 ft
8-15 Thence S 42 24' 05" E 1006.67 ft
8-16 Thence S 02 43' 47" E 339.67 ft
8-17 Thence S 17 35' 35" W 450.37 ft
8-18 Thence S 37 42' 40" W 270.87 ft
8-19 Thence S 42 24' 05" E 130.00 ft
8-20 Thence N 57 29' 10" E 270.87 ft
8-21 Thence N 77 35' 55" E 450.37 ft
8-22 Thence S 82 04' 23" E 339.67 ft
8-23 Thence S 42 24' 05" E 995.67 ft
8-24 Thence N 47 35' 55" E 50.00 ft
8-25 Thence S 42 24' 05" E 4599.41 ft
8-26 Thence S 47 35' 55" E 100.00 ft
8-27 Thence S 42 24' 05" E 5588.73 ft
9-1 Thence S 56 49' 28" E 4869.65 ft
9-2 Thence S 45 02' 52" W 51.09 ft
9-3 Thence S 56 49' 28" E 5195.17 ft
9-4 Thence N 33 10' 32" E 50.00 ft
9-5 Thence S 56 49' 28" E 7298.60 ft
9-6 Thence S 33 10' 32" W 50.00 ft
9-7 Thence S 56 49' 28" E 1305.61 ft to point of intersection of
9-8 said southerly R.O.W. of I-10 and the east line of William C.
9-9 Stanley Survey #51, said line being the common line El Paso and
9-10 Hudspeth Counties;
9-11 Thence S 45 00' 00" W 6442.98 to EAST corner Tr 4B, Bk 10,
9-12 Lower Valley Survey
9-13 Thence S 44 54' W 1774.39 ft to South corner TR 3B, Bk 10,
9-14 Lower Valley Survey
9-15 Thence S 45 01' 51" W 507 ft along the common county line El
9-16 Paso-Hudspeth counties to a point on the easterly R.O.W. of the Rio
9-17 Grande Restification Project El Paso-Juarez Valley and said being
9-18 213.25 ft east of the said base line;
9-19 Thence N 48 59' 11" W 1110.90 ft along R.O.W. to sta 72 +
9-20 384.76 (Mrts)
9-21 Thence N 48 59' 11" W 1205.05 ft to P.T. sta. 72 + 017.46
9-22 (mtrs)
9-23 Thence 1378.88 ft around arc of curve to left-R=2191.46 ft
9-24 delta=36 03' 03"
9-25 Thence N 85 02' 14" W 609.68 ft
9-26 Thence N 04 42' 24" E 808.43 ft
9-27 Thence N 02 04' 41" W 172.08 ft
10-1 Thence N 17 13' 47" W 202.26 ft
10-2 Thence N 33 05' 54" W 208.00 ft
10-3 Thence N 51 47' 09" W 169.32 ft
10-4 Thence S 77 34' W 44.30 ft
10-5 Thence S 75 09' W 152.16 ft
10-6 Thence S 51 11" W 15.21 ft
10-7 Thence S 57 59" E 114.50 ft
10-8 Thence S 51 47' E 154.0 ft
10-9 Thence S 33 06' E 160.1 ft
10-10 Thence S 17 13' E 159.4 ft
10-11 Thence S 02 05' E 141.80 ft
10-12 Thence S 04 42' W 684.10 ft
10-13 Thence S 67 58' W 114.50 ft
10-14 Thence N 85 02' 14" W 1070.10 ft on line 406.52' E of Base
10-15 line
10-16 Thence N 48 23' E 209.09 ft
10-17 Thence N 85 02' 14" W 1167.88 ft on line 510.00' E of Base
10-18 line
10-19 Thence S 32 12' 46" W 357.84 ft
10-20 Thence N 85 02' 14" W 5561.00 ft on line 191.86' E of Base
10-21 line
10-22 Thence N 26 41' E 30.0 ft to point being 221.85' E from Base
10-23 line
10-24 Thence N 85 02' 14" W 4678.7 ft
10-25 Thence S 04 51' W 30 ft to point being 191.86' E from Base
10-26 line
10-27 Thence N 85 02' 14" W 4271.64 ft
11-1 Thence N 16 30" W 30.0 ft to point 221.85' E from Base line
11-2 Thence N 85 02' 14" W 3449.27 ft
11-3 Thence S 45 07' W 97.08 ft to point being 147.64' E of base
11-4 line
11-5 Thence N 85 02' 14" W 549.2 ft to P.T. Curve Station 64 +
11-6 894.92(mtrs)
11-8 30" R=3513.51 ft to P.C. station 64 + 060.19 (mtrs)
11-9 Thence N 42 10' 44" W. 3763.77 ft
11-10 Thence S 47 49' 16" W. 42.65 ft to point 104.99' E of Base
11-11 line
11-12 Thence N 42 10' 44" W. 1653.54 ft
11-13 Thence N 47 49' 16" E 26.25 ft to point 131.33' E of Base
11-14 line
11-15 Thence N 42 10' 44" W 2814.95 ft
11-16 Thence S 47 49' 16" W 3.28 ft to point 127.96' E of Base line
11-17 Thence N 42 10' 44" W 1013.78 ft
11-18 Thence S 47 49' 16" W 22.97 ft to point 104.99' E of Base
11-19 line
11-20 Thence N 42 10' 44" W 78.74 to P.T. station 61 + 223.70
11-21 (mtrs)
11-22 Thence 1399.72 ft around arc of curve to left; delta=18 2'
11-23 10", R=4405.82 ft to P.C.P.J. Sta=807.23 (mtrs)
11-24 Thence 867.16 ft around arc of compound cuver to the left
11-25 delta=9 38' 10" R=5156.09 ft to point on curve
11-26 Thence N 74 36' 39" E, 226.38 ft
11-27 Thence N 81 23' 21" W, 1629 ft
12-1 Thence N 89 09' 02" W 2646.19 ft to intersection with the
12-2 East line of Fabens Wastewater channel;
12-3 Thence along easterly line of said Fabens Wastewater channel
12-4 to its intersection with the common line of Surveys 167 and 168 of
12-5 the San Elizario Grant, Block 47
12-6 Thence N 43 12' E 3167.8 ft to centerline of road and to the
12-7 most easterly corner of said Survey 167
12-8 Thence N 46 48' W 55.55 ft along centerline road to the
12-9 southwest corner of Survey 142
12-10 Thence N 43 00' E 1445.0' along common line Surveys 141 142
12-11 to foothills
12-12 Thence S 50 42' E 314.11 ft
12-13 Thence S 61 52' E 277.11 ft
12-14 Thence S 45 32' E 155.56 ft
12-15 Thence N 43 00' E 139.44 ft
12-16 Thence S 55 40' E 557.78 ft
12-17 Thence S 86 05' E 302.50 ft
12-18 Thence S 81 57' E 361.94 ft
12-19 Thence S 43 12' W 425.83 ft
12-20 Thence S 46 09' E 631.39 ft
12-21 Thence S 75 58' E 267.83 ft
12-22 Thence N 83 04' E 398.50 ft
12-23 Thence S 48 14' E 463.86 ft
12-24 Thence S 24 13' E 470.08 ft
12-25 Thence S 17 58' E 210.28 ft
12-26 Thence S 38 52' W 200.00 ft
12-27 Thence S 57 37' W 549.89 ft
13-1 Thence S 74 37" W 200.00ft
13-2 Thence S 80 57' W 155.19 ft
13-3 Thence N 86 48' W 100.11 ft
13-4 Thence S 80 32' W 140.17 ft
13-5 Thence N 06 28' W 83.11 ft
13-6 Thence S 30 03' E 100.11 ft
13-7 Thence S 00 12' W 157.22 ft
13-8 Thence S 44 28' E 400.50 ft
13-9 Thence S 55 33' E 300.36 ft
13-10 Thence S 69 48' E 200.28 ft
13-11 Thence S 75 08' E 1101.36 ft
13-12 Thence S 16 16' E 344.44 ft
13-13 Thence S 61 31' E 600.83 ft
13-14 Thence S 48 42' E 623.89 ft
13-15 Thence S 89 19' E 1128.05 ft
13-16 Thence S 49 46' E 307.88 ft
13-17 Thence S 84 32' E 178.83 ft
13-18 Thence S 32 26' E 277.22 ft
13-19 Thence S 11 08' E 145.17 ft
13-20 Thence S 27 25' W 96.81 ft
13-21 Thence S 38 33' W 379.39 ft
13-22 Thence S 35 58' W 390.47 ft
13-23 Thence S 28 58' W 206.67 ft
13-24 Thence S 31 07' E 236.67 ft
13-25 Thence S 02 13' E 317.08 ft
13-26 Thence N 45 20' E 1700.55 ft
13-27 Thence S 44 40' E 1912.63' to common corner Survey 292-427
14-1 Section 9
14-2 Thence N 52 30' E 1337.50' to common corner M.R. Hemley
14-3 Survey 427 Sections 9-10-11
14-4 Thence N 52 30' E 1337.50 ft to common corner 9-10-11
14-5 (sections)
14-6 Thence N 52 30' E 5277.76 ft to common corner sections
14-7 10-11-12-17
14-8 Thence N 52 30' E 4564.42 to southerly R.O.W. 1-10 & the
14-9 P.O.B.; and
14-10 A parcel of land containing [continuing] 5 square miles in the
14-11 county of El Paso, Texas and being more particularly described as
14-12 follows:
14-13 Sections 16 and 18 in Block 78, Township 2, T & P RR Survey, El
14-14 Paso County, Texas
14-15 Section 48, Block 79, Township 2, T & P RR Survey, El Paso County,
14-16 Texas
14-17 Section 2 and 10, Block 79, Township 3, T & P RR Survey, El Paso
14-18 County, Texas.
14-19 SECTION 4. FINDING RELATING TO BOUNDARY DESCRIPTION. The
14-20 legislature finds that the territory of the district, as described
14-21 by Section 2(a), Chapter 780, Acts of the 69th Legislature, Regular
14-22 Session, 1985, as amended by this Act, forms a closure. If a
14-23 mistake is made in copying the field notes during the legislative
14-24 process or if a mistake exists in the field notes, the mistake does
14-25 not affect:
14-26 (1) the organization, operation, existence, or
14-27 validity of the district;
15-1 (2) the district's right to issue bonds, including
15-2 refunding bonds, or to pay the principal and interest on bonds; or
15-3 (3) the district's right to assess, levy, and collect
15-4 taxes.
15-5 SECTION 5. FINDINGS RELATING TO BENEFIT. The legislature
15-6 finds that:
15-7 (1) the territory of the district, as described by
15-8 Section 2(a), Chapter 780, Acts of the 69th Legislature, Regular
15-9 Session, 1985, as amended by this Act, and the property located
15-10 within that territory, is benefited by the works and projects of
15-11 the district; and
15-12 (2) the district serves a public use and benefit.
15-13 SECTION 6. CONDITIONS FOR TERRITORY CHANGE AND EXTENSION OF
15-14 SERVICES. (a) The board shall request the commission to enter an
15-15 order adding the territory of the town to the district if:
15-16 (1) the governing body of the town, by resolution or
15-17 ordinance, consents to adding the territory of the town to the
15-18 district;
15-19 (2) the town holds an election in the same manner as
15-20 provided for bond elections under Section 49.106, Water Code, for
15-21 the qualified voters residing within the town to decide whether to
15-22 assume the outstanding bonds, including voted but unissued bonds,
15-23 notes, taxes, or other obligations of the district;
15-24 (3) a majority of the qualified voters participating
15-25 in an election held under Subdivision (2) of this subsection vote
15-26 in favor of assuming the outstanding bonds, including voted but
15-27 unissued bonds, notes, taxes, or other obligations of the district;
16-1 (4) the district completes construction of facilities
16-2 necessary to provide water service within the town;
16-3 (5) the district possesses adequate water capacity and
16-4 pressure to provide water service within the town;
16-5 (6) the district purchases the transmission line and
16-6 any interest in the water service and distribution facilities owned
16-7 by the school district within the town; and
16-8 (7) the school district arranges for the termination
16-9 of all water supply and other contracts between the school district
16-10 and the City of El Paso's Water Utilities Public Service Board to
16-11 be effective the date on which the commission issues an order under
16-12 Section 7 of this Act.
16-13 (b) Before the district makes the purchase described by
16-14 Subsection (a)(6) of this section, the district may require the
16-15 following:
16-16 (1) that a majority of the qualified voters voting in
16-17 an election held under Subsection (a)(2) of this section vote in
16-18 favor of assuming the outstanding bonds, including voted but
16-19 unissued bonds, notes, taxes, or other obligations of the district;
16-20 and
16-21 (2) that the water distribution system operated by the
16-22 school district meet appropriate commission standards.
16-23 (c) The district may enter into a wholesale water supply
16-24 contract with the City of El Paso's Water Utilities Public Service
16-25 Board for purposes of providing water service within the territory
16-26 of the town added to the district.
16-27 SECTION 7. TERRITORY CHANGE ORDER; FILING REQUIREMENT. (a)
17-1 On receipt of a request under Section 6 of this Act, the commission
17-2 shall enter an order adding the territory of the town to the
17-3 district if the commission determines that the conditions of
17-4 Section 6 of this Act are satisfied.
17-5 (b) The commission shall file a certified copy of an order
17-6 issued under Subsection (a) of this section with the secretary of
17-7 state and in the deed records of El Paso County.
17-8 SECTION 8. EFFECTIVE DATE OF TERRITORY CHANGE. The
17-9 territory change of the district as described by Section 7 of this
17-10 Act becomes effective on the date the commission files certified
17-11 copies of the territory change order as required by Section 7(b) of
17-12 this Act.
17-13 SECTION 9. CONTESTED CASE EXCEPTION. An order issued under
17-14 Section 7(a) of this Act is not a contested case for purposes of
17-15 Chapter 2001, Government Code.
17-16 SECTION 10. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
17-17 (a) The proper and legal notice of the intention to introduce this
17-18 Act, setting forth the general substance of this Act, has been
17-19 published as provided by law, and the notice and a copy of this Act
17-20 have been furnished to all persons, agencies, officials, or
17-21 entities to which they are required to be furnished by the
17-22 constitution and other laws of this state, including the governor,
17-23 who has submitted the notice and Act to the Texas Natural Resource
17-24 Conservation Commission.
17-25 (b) The Texas Natural Resource Conservation Commission has
17-26 filed its recommendations relating to this Act with the governor,
17-27 lieutenant governor, and speaker of the house of representatives
18-1 within the required time.
18-2 (c) All requirements of the constitution and laws of this
18-3 state and the rules and procedures of the legislature with respect
18-4 to the notice, introduction, and passage of this Act are fulfilled
18-5 and accomplished.
18-6 SECTION 11. NONAPPLICABILITY OF CERTAIN PROVISIONS. The
18-7 district is not subject to Section 42.042, Local Government Code,
18-8 and Section 54.016, Water Code, in adding territory in the town to
18-9 the district in accordance with this Act.
18-10 SECTION 12. RULES OF CONSTRUCTION. (a) A finding that a
18-11 provision of this Act is invalid does not affect the validity of
18-12 the remaining provisions of this Act.
18-13 (b) This Act shall be given a liberal and broad construction
18-14 to carry out the expressed purposes of this Act.
18-15 SECTION 13. EFFECTIVE DATE OF SECTION 3. The change in law
18-16 made by Section 3 of this Act takes effect on the date on which the
18-17 Texas Natural Resource Conservation Commission completes filing
18-18 copies of the territory change order with the secretary of state
18-19 and in the deed records of El Paso County as required by Section
18-20 7(b) of this Act.
18-21 SECTION 14. EMERGENCY. The importance of this legislation
18-22 and the crowded condition of the calendars in both houses create an
18-23 emergency and an imperative public necessity that the
18-24 constitutional rule requiring bills to be read on three several
18-25 days in each house be suspended, and this rule is hereby suspended,
18-26 and that this Act take effect and be in force from and after its
18-27 passage, and it is so enacted.