By Raymond                                            H.B. No. 3567

         75R5947 MI-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the addition of territory to, the board of directors

 1-3     of, and disannexation procedures for the Duval County Conservation

 1-4     and Reclamation District.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 1, Chapter 398, Acts of the 51st

 1-7     Legislature, Regular Session, 1949, is amended to read as follows:

 1-8           Sec. 1.  Under and pursuant to the provisions of Article 16,

 1-9     Section 59, of the Constitution of Texas, there is hereby created

1-10     within the State of Texas, in addition to the districts into which

1-11     the state has heretofore been divided, a conservation and

1-12     reclamation district to be known as the Duval County Conservation

1-13     and Reclamation District, hereinafter sometimes referred to as the

1-14     "District," and consisting of that part of the State of Texas which

1-15     is included within the boundaries of Duval County, exclusive of

1-16     that part of Duval County comprising the Freer Water Control and

1-17     Improvement District, of Duval County, and including that part of

1-18     Jim Wells County within the corporate limits of the City of San

1-19     Diego, Texas.

1-20           SECTION 2.  Section 3, Chapter 398, Acts of the 51st

1-21     Legislature, Regular Session, 1949, is amended to read as follows:

1-22           Sec. 3.  The management and control of the District is hereby

1-23     vested in a board of directors which shall have all of the powers

1-24     and authority conferred and imposed upon boards of directors of

 2-1     Water Control and Improvement Districts organized under the

 2-2     provisions of Chapter 25, Acts of the 39th Legislature passed in

 2-3     1925, and amendments thereto, as incorporated in Title 128, Chapter

 2-4     3A, of Vernon's Civil Statutes of the State of Texas and amendments

 2-5     thereto.  The board of directors shall be composed of six [four

 2-6     (4)] members elected at large who shall have the same

 2-7     qualifications as directors of Water Control and Improvement

 2-8     Districts.  Three directors must be residents of the City of San

 2-9     Diego, two directors must be residents of the City of Benavides,

2-10     and one director must be a resident of that part of Duval County

2-11     that is not within the corporate limits of either San Diego or

2-12     Benavides.  The presiding officer of the board votes only to break

2-13     a tie.  In the event and to the extent that any of the provisions

2-14     of the General Laws referred to in this Section are in conflict

2-15     with or inconsistent with any of the provisions of this Act

2-16     relating to the powers, authority, and duties of the board of

2-17     directors and its members, the provisions of this Act shall

2-18     prevail.  An [The Commissioners Court of Duval County is hereby

2-19     authorized and empowered to appoint four (4) persons qualified

2-20     under the law to serve as directors of the District until their

2-21     successors shall have been duly elected and shall have qualified.

2-22     The four (4) directors thus appointed shall serve for a term of two

2-23     (2) years beginning June 1, 1963.  The first election of directors

2-24     shall be held on the first Tuesday in May, 1965, and said election

2-25     shall be ordered and conducted in the same manner as the election

2-26     for directors of Water Control and Improvement Districts.  The

2-27     directors so elected shall qualify and begin their term of office

 3-1     on June 1, 1965, or as soon thereafter as practical.  The persons

 3-2     elected directors at said election shall draw lots so that two (2)

 3-3     directors shall serve for a term of one (1) year and two (2)

 3-4     directors shall serve for a term of two (2) years.  Thereafter an]

 3-5     election shall be held on the first Tuesday in May of each year and

 3-6     the directors elected [after the first election] shall each serve

 3-7     for a term of four [two (2)] years.  If either San Diego or

 3-8     Benavides disannexes as provided by Section 4A of this Act, a

 3-9     person on the board who represents the disannexed municipality

3-10     ceases to be a director on the date disannexation takes effect, and

3-11     the remaining directors as soon as possible shall call a special

3-12     election to elect an additional director from that part of Duval

3-13     County that is not within the corporate limits of either San Diego

3-14     or Benavides and the appropriate number of directors from the

3-15     remaining municipality to fill the unexpired terms.

3-16           SECTION 3.  Chapter 398, Acts of the 51st Legislature,

3-17     Regular Session, 1949, is amended by adding Section 4A to read as

3-18     follows:

3-19           Sec. 4A.  (a)  A municipality within the District may be

3-20     disannexed from the District on petition for an election on

3-21     disannexation and a  majority vote in favor of disannexation at the

3-22     election called for that purpose.  A petition for an election to

3-23     disannex must be signed by at least 250 qualified voters of the

3-24     municipality or  a number of qualified voters equal to five percent

3-25     of the total vote cast in the municipality in the most recent

3-26     District election, whichever number is less. The petition must

3-27     state that its purpose is to call an election to determine whether

 4-1     the affected municipality should be disannexed from the District.

 4-2     The petition must include each petitioner's signature, printed

 4-3     name, address, voting precinct, and voter certificate number and

 4-4     the date on which the petitioner signed.

 4-5           (b)  A petition must be filed with the District manager.  Not

 4-6     later than the 30th day after the date on which the petition is

 4-7     filed, the District manager shall verify the validity of the

 4-8     petition and determine whether the number of signatures  required

 4-9     for the calling of an election have been included.  If the District

4-10     manager certifies the number of signatures required for the calling

4-11     of an election, the board of directors of the District shall call

4-12     an election for the purpose of disannexation not later than the

4-13     90th day after the date on which the manager certifies the

4-14     sufficiency of the petition.

4-15           (c)  The disannexation measure shall appear on the ballot in

4-16     a manner that provides for voting for one of the three following

4-17     propositions:

4-18                 (1)  "The City of (name of municipality) shall not be

4-19     disannexed from the jurisdiction of the Duval County Conservation

4-20     and Reclamation District";

4-21                 (2)  "The City of (name of municipality) shall be

4-22     disannexed from the Duval County Conservation and Reclamation

4-23     District and on disannexation the governing body of the

4-24     municipality shall establish or acquire systems to provide the

4-25     water and sewer services formerly provided by the District in the

4-26     disannexed area"; or

4-27                 (3)  "The City of (name of municipality) shall be

 5-1     disannexed from the Duval County Conservation and Reclamation

 5-2     District and on disannexation the governing body of the

 5-3     municipality shall initiate a petition for, and shall consent to,

 5-4     as provided by Sections 54.014 and 54.016, Water Code, the creation

 5-5     of a municipal utility district to provide the water and sewer

 5-6     services formerly provided by the District in the disannexed area."

 5-7           (d)  If a majority of the total votes in the election is in

 5-8     favor of proposition (1), the municipality is not disannexed.  If

 5-9     the total vote in favor of propositions (2) and (3) is a majority

5-10     of the votes cast in the election, the majority of the vote in the

5-11     election is for disannexation.  As between propositions (2) and

5-12     (3), the proposition that receives the larger number of votes

5-13     prevails.  If disannexation fails, an election under this section

5-14     to disannex the same municipality may not be held for one year.

5-15           (e)  If a majority of the vote in the election is for

5-16     disannexation, the directors of the District shall vote to disannex

5-17     at the same board meeting at which the directors canvass the

5-18     election results.  Not later than the 30th day after the canvass of

5-19     the election results and the District's disannexation vote, the

5-20     executive director of the Texas Water Development Board shall

5-21     appoint an independent master to oversee the distribution of assets

5-22     consistent with disannexation.  All infrastructure and real

5-23     property, including water and sewer lines, storage tanks, treatment

5-24     plants, towers, buildings, land, and other facilities within the

5-25     corporate limits of the disannexed municipality that are related to

5-26     the provision of water and sewer services by the District within

5-27     the disannexed municipality shall revert to the disannexed

 6-1     municipality.  All receivables from connections within the

 6-2     corporate limits of the disannexed municipality transfer to the

 6-3     municipality.  Other assets, including vehicles, computers, office

 6-4     furniture and equipment, and cash, shall be divided between the

 6-5     District and the municipality by the master in proportion to the

 6-6     number of water connections within the boundaries of each entity.

 6-7           SECTION 4.  (a)  This Act takes effect September 1, 1997.

 6-8           (b)  Directors serving on August 31, 1997, serve until their

 6-9     successors are elected and have qualified under this section.  The

6-10     additional positions on the District board created by Section 3,

6-11     Chapter 398, Acts of the 51st Legislature, Regular Session, 1949,

6-12     as amended by this Act, shall be filled at the election to be held

6-13     in May 1998, and until that time the District is governed by a

6-14     board of four directors.

6-15           (c)  The two directors elected at the May 1994 election and

6-16     the two directors elected at the May 1995 election serve until the

6-17     May 1998 election as provided by Section 50(b), Chapter 715, Acts

6-18     of the 74th Legislature, 1995.   At the May 1998 election, six

6-19     directors shall be elected.  If, before the May 1998 election, the

6-20     City of San Diego or the City of Benavides disannexes as provided

6-21     by Section 4A, Chapter 398, Acts of the 51st Legislature, Regular

6-22     Session, 1949, as added by this Act, two directors elected at that

6-23     election must be residents of that part of Duval County not within

6-24     the corporate limits of either municipality and four directors

6-25     elected must be residents of the remaining municipality.  Those

6-26     directors shall draw lots to determine which three directors serve

6-27     two-year terms and which three directors serve four-year terms.

 7-1     Successor directors serve four-year terms.

 7-2           SECTION 5.  The importance of this legislation and the

 7-3     crowded condition of the calendars in both houses create an

 7-4     emergency and an imperative public necessity that the

 7-5     constitutional rule requiring bills to be read on three several

 7-6     days in each house be suspended, and this rule is hereby suspended.