1-1 By: Raymond (Senate Sponsor - Zaffirini) H.B. No. 3567
1-2 (In the Senate - Received from the House May 12, 1997;
1-3 May 13, 1997, read first time and referred to Committee on Natural
1-4 Resources; May 16, 1997, reported favorably by the following vote:
1-5 Yeas 11, Nays 0; May 16, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the addition of territory to, the board of directors
1-9 of, and disannexation procedures for the Duval County Conservation
1-10 and Reclamation District.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 1, Chapter 398, Acts of the 51st
1-13 Legislature, Regular Session, 1949 (Article 8280-138, Vernon's
1-14 Texas Civil Statutes), is amended to read as follows:
1-15 Sec. 1. Under and pursuant to the provisions of Article 16,
1-16 Section 59, of the Constitution of Texas, there is hereby created
1-17 within the State of Texas, in addition to the districts into which
1-18 the state has heretofore been divided, a conservation and
1-19 reclamation district to be known as the Duval County Conservation
1-20 and Reclamation District, hereinafter sometimes referred to as the
1-21 "District," and consisting of that part of the State of Texas which
1-22 is included within the boundaries of Duval County, exclusive of
1-23 that part of Duval County comprising the Freer Water Control and
1-24 Improvement District, of Duval County, and including that part of
1-25 Jim Wells County within the corporate limits of the City of San
1-26 Diego, Texas.
1-27 SECTION 2. Section 3, Chapter 398, Acts of the 51st
1-28 Legislature, Regular Session, 1949 (Article 8280-138, Vernon's
1-29 Texas Civil Statutes), is amended to read as follows:
1-30 Sec. 3. (a) The management and control of the District is
1-31 hereby vested in a board of directors which shall have all of the
1-32 powers and authority conferred and imposed upon boards of directors
1-33 of Water Control and Improvement Districts organized under the
1-34 provisions of Chapter 25, Acts of the 39th Legislature passed in
1-35 1925, and amendments thereto, as incorporated in Title 128, Chapter
1-36 3A, of Vernon's Civil Statutes of the State of Texas and amendments
1-37 thereto.
1-38 (b) Except as otherwise provided by this Act, the [The]
1-39 board of directors shall be composed of seven [four (4)] members
1-40 elected to positions using the place system as described in this
1-41 section who shall have the same qualifications as directors of
1-42 Water Control and Improvement Districts. A director elected to
1-43 place 1, 2, or 3 must be a resident of San Diego and is elected by
1-44 the qualified voters of the District who are residents of San Diego
1-45 and its extraterritorial jurisdiction. A director elected to place
1-46 4 or 5 must be a resident of Benavides and is elected by the
1-47 qualified voters of the District who are residents of Benavides and
1-48 its extraterritorial jurisdiction. A director elected to place 6
1-49 or 7 must be a resident of, and is elected by the qualified voters
1-50 of the District who are residents of, the part of Duval County that
1-51 is not within:
1-52 (1) the corporate limits or extraterritorial
1-53 jurisdiction of:
1-54 (A) San Diego; or
1-55 (B) Benavides; or
1-56 (2) the Freer Water Control and Improvement District.
1-57 (c) In the event and to the extent that any of the
1-58 provisions of the General Laws referred to in this Section are in
1-59 conflict with or inconsistent with any of the provisions of this
1-60 Act relating to the powers, authority, and duties of the board of
1-61 directors and its members, the provisions of this Act shall
1-62 prevail.
1-63 (d) An [The Commissioners Court of Duval County is hereby
1-64 authorized and empowered to appoint four (4) persons qualified
2-1 under the law to serve as directors of the District until their
2-2 successors shall have been duly elected and shall have qualified.
2-3 The four (4) directors thus appointed shall serve for a term of two
2-4 (2) years beginning June 1, 1963. The first election of directors
2-5 shall be held on the first Tuesday in May, 1965, and said election
2-6 shall be ordered and conducted in the same manner as the election
2-7 for directors of Water Control and Improvement Districts. The
2-8 directors so elected shall qualify and begin their term of office
2-9 on June 1, 1965, or as soon thereafter as practical. The persons
2-10 elected directors at said election shall draw lots so that two (2)
2-11 directors shall serve for a term of one (1) year and two (2)
2-12 directors shall serve for a term of two (2) years. Thereafter an]
2-13 election shall be held on the first Tuesday in May of each
2-14 even-numbered year and the directors elected [after the first
2-15 election] shall each serve for a term of four [two (2)] years.
2-16 (e) If either San Diego or Benavides and the area within its
2-17 extraterritorial jurisdiction disannex under Section 4A of this
2-18 Act, a person on the board who represents San Diego and the area
2-19 within its extraterritorial jurisdiction or Benavides and the area
2-20 within its extraterritorial jurisdiction ceases to be a director on
2-21 the date disannexation takes effect. The remaining directors as
2-22 soon as possible shall call a special election to elect the
2-23 appropriate number of directors to fill the unexpired terms if the
2-24 disannexation results in vacancies on the board.
2-25 (f) If both San Diego and Benavides and the areas within
2-26 their extraterritorial jurisdictions disannex under Section 4A of
2-27 this Act, a director for each place on the board must be a resident
2-28 of the part of Duval County that is not within:
2-29 (1) the corporate limits or extraterritorial
2-30 jurisdiction of:
2-31 (A) San Diego; or
2-32 (B) Benavides; or
2-33 (2) the Freer Water Control and Improvement District.
2-34 (g) If San Diego and the area within its extraterritorial
2-35 jurisdiction disannex under Section 4A of this Act, the number of
2-36 board places is reduced to four.
2-37 (h) If Benavides and the area within its extraterritorial
2-38 jurisdiction disannex under Section 4A of this Act:
2-39 (1) a director for place 4 must be a resident of San
2-40 Diego or its extraterritorial jurisdiction if San Diego and the
2-41 area within its extraterritorial jurisdiction have not previously
2-42 disannexed; and
2-43 (2) a director for place 5, or for place 4 or place 5
2-44 if San Diego and the area within its extraterritorial jurisdiction
2-45 have previously disannexed, must be a resident of the part of Duval
2-46 County that is not within:
2-47 (A) the corporate limits or extraterritorial
2-48 jurisdiction of:
2-49 (i) San Diego; or
2-50 (ii) Benavides; or
2-51 (B) the Freer Water Control and Improvement
2-52 District.
2-53 SECTION 3. Chapter 398, Acts of the 51st Legislature,
2-54 Regular Session, 1949 (Article 8280-138, Vernon's Texas Civil
2-55 Statutes), is amended by adding Sections 4A and 4B to read as
2-56 follows:
2-57 Sec. 4A. (a) A municipality within the District and the
2-58 area within the extraterritorial jurisdiction of that municipality
2-59 may be disannexed from the District on petition for an election on
2-60 disannexation and a majority vote in favor of disannexation at the
2-61 election called for that purpose. A petition for an election to
2-62 disannex must be signed by at least 250 qualified voters of the
2-63 District who are residents of the municipality or its
2-64 extraterritorial jurisdiction or a number of qualified voters equal
2-65 to five percent of the total vote cast in the municipality and its
2-66 extraterritorial jurisdiction in the most recent District election,
2-67 whichever number is less. The petition must state that its purpose
2-68 is to call an election to determine whether the affected
2-69 municipality and its extraterritorial jurisdiction should be
3-1 disannexed from the District. The petition must include each
3-2 petitioner's signature, printed name, address, voting precinct, and
3-3 voter certificate number and the date on which the petitioner
3-4 signed.
3-5 (b) A petition must be filed with the District manager. Not
3-6 later than the 30th day after the date on which the petition is
3-7 filed, the District manager shall verify the validity of the
3-8 petition and determine whether the number of signatures required
3-9 for the calling of an election have been included. If the District
3-10 manager certifies the number of signatures required for the calling
3-11 of an election, the board of directors of the District shall call
3-12 an election for the purpose of disannexation not later than the
3-13 90th day after the date on which the manager certifies the
3-14 sufficiency of the petition. Only qualified voters who reside
3-15 within the corporate limits or extraterritorial jurisdiction of the
3-16 municipality to be disannexed may vote in the disannexation
3-17 election.
3-18 (c) The disannexation measure shall appear on the ballot in
3-19 a manner that provides for voting for one of the three following
3-20 propositions:
3-21 (1) "The City of (name of municipality) and the area
3-22 within its extraterritorial jurisdiction shall not be disannexed
3-23 from the jurisdiction of the Duval County Conservation and
3-24 Reclamation District";
3-25 (2) "The City of (name of municipality) and the area
3-26 within its extraterritorial jurisdiction shall be disannexed from
3-27 the Duval County Conservation and Reclamation District, and on
3-28 disannexation the city council of (name of municipality) shall
3-29 establish or acquire systems to provide the water and sewer
3-30 services formerly provided by the District in the disannexed area";
3-31 or
3-32 (3) "The City of (name of municipality) and the area
3-33 within its extraterritorial jurisdiction shall be disannexed from
3-34 the Duval County Conservation and Reclamation District, and on
3-35 disannexation the city council of (name of municipality) shall
3-36 initiate a petition for, and shall consent to, as provided by
3-37 Sections 54.014 and 54.016, Water Code, the creation of a municipal
3-38 utility district to provide the water and sewer services formerly
3-39 provided by the District in the disannexed area."
3-40 (d) If a majority of the total votes in the election is in
3-41 favor of proposition (1), the municipality and the area within its
3-42 extraterritorial jurisdiction are not disannexed. If the total
3-43 vote in favor of propositions (2) and (3) is a majority of the
3-44 votes cast in the election, the majority of the vote in the
3-45 election is for disannexation. As between propositions (2) and
3-46 (3), the proposition that receives the larger number of votes
3-47 prevails. If disannexation fails, an election under this section
3-48 to disannex the same municipality and the area within its
3-49 extraterritorial jurisdiction may not be held for one year.
3-50 (e) If a majority of the votes in the election is for
3-51 disannexation, the directors of the District shall vote to disannex
3-52 at the same board meeting at which the directors canvass the
3-53 election results. Not later than the 30th day after the canvass of
3-54 the election results and the District's disannexation vote, the
3-55 executive director of the Texas Natural Resource Conservation
3-56 Commission shall appoint an independent master to oversee the
3-57 distribution of assets consistent with disannexation. All
3-58 infrastructure and real property, including water and sewer lines,
3-59 storage tanks, treatment plants, towers, buildings, land, and other
3-60 facilities within the corporate limits or extraterritorial
3-61 jurisdiction of the disannexed municipality that are related to the
3-62 provision of water and sewer services by the District within the
3-63 disannexed municipality or its extraterritorial jurisdiction, shall
3-64 revert to the disannexed municipality. All receivables from
3-65 connections within the corporate limits or extraterritorial
3-66 jurisdiction of the disannexed municipality transfer to the
3-67 municipality. Other assets, including vehicles, computers, office
3-68 furniture and equipment, and cash, shall be divided between the
3-69 District and the municipality by the master in proportion to the
4-1 number of residents, according to the most recent decennial federal
4-2 census, living within the boundaries of the District or within the
4-3 boundaries of the municipality and its extraterritorial
4-4 jurisdiction.
4-5 Sec. 4B. (a) If a municipality and the area within its
4-6 extraterritorial jurisdiction disannex as provided by Section 4A of
4-7 this Act and the city council of the disannexed municipality is
4-8 required, as a result of the approval of proposition (2) at the
4-9 disannexation election, to establish or acquire systems to provide
4-10 the water and sewer services formerly provided by the District in
4-11 the disannexed area, a municipal water or sewer system established
4-12 or acquired by the city council of the disannexed municipality may
4-13 serve an area immediately outside the extraterritorial jurisdiction
4-14 of the disannexed municipality if the residents of the area agree
4-15 to be served by that system.
4-16 (b) If the City of San Diego and the area within its
4-17 extraterritorial jurisdiction disannex as provided by Section 4A of
4-18 this Act and a municipal water or sewer system is established or
4-19 acquired as described by Subsection (a) of this section, the
4-20 Glossbrenner Substance Abuse Facility is disannexed from the
4-21 District effective on the date on which that system is established
4-22 or acquired, and that system may serve that facility.
4-23 SECTION 4. (a) This Act takes effect September 1, 1997.
4-24 (b) Directors serving on August 31, 1997, serve until their
4-25 successors are elected and have qualified under this section. The
4-26 additional positions on the district board created by Section 3,
4-27 Chapter 398, Acts of the 51st Legislature, Regular Session, 1949
4-28 (Article 8280-138, Vernon's Texas Civil Statutes), as amended by
4-29 this Act, shall be filled at the election to be held in May 1998,
4-30 and until that time the District is governed by a board of four
4-31 directors.
4-32 (c) The two directors elected at the May 1994 election and
4-33 the two directors elected at the May 1995 election serve until the
4-34 May 1998 election as provided by Section 50(b), Chapter 715, Acts
4-35 of the 74th Legislature, Regular Session, 1995.
4-36 (d) Except as provided by Subsection (f) of this section,
4-37 seven directors shall be elected at the May 1998 election. Those
4-38 directors shall draw lots to determine which three directors serve
4-39 two-year terms and which four directors serve four-year terms.
4-40 Successor directors serve four-year terms.
4-41 (e) If, before the May 1998 election, the City of Benavides
4-42 has disannexed as provided by Section 4A, Chapter 398, Acts of the
4-43 51st Legislature, Regular Session, 1949 (Article 8280-138, Vernon's
4-44 Texas Civil Statutes), as added by this Act, and the City of San
4-45 Diego has not disannexed, four directors elected at that election
4-46 must be residents of San Diego or its extraterritorial
4-47 jurisdiction, and three directors elected must be residents of that
4-48 part of Duval County that is not within the corporate limits or
4-49 extraterritorial jurisdiction of San Diego or Benavides or within
4-50 the Freer Water Control and Improvement District.
4-51 (f) If, before the May 1998 election, the City of San Diego
4-52 has disannexed as provided by Section 4A, Chapter 398, Acts of the
4-53 51st Legislature, Regular Session, 1949 (Article 8280-138, Vernon's
4-54 Texas Civil Statutes), as added by this Act, four directors shall
4-55 be elected at that election. If the City of Benavides has not
4-56 disannexed before that election, two directors elected at that
4-57 election must be residents of Benavides or its extraterritorial
4-58 jurisdiction, and two directors elected must be residents of that
4-59 part of Duval County that is not within the corporate limits or
4-60 extraterritorial jurisdiction of San Diego or Benavides or within
4-61 the Freer Water Control and Improvement District. If the City of
4-62 Benavides has disannexed before that election, all four directors
4-63 elected must be residents of that part of Duval County that is not
4-64 within the corporate limits or extraterritorial jurisdiction of San
4-65 Diego or Benavides or within the Freer Water Control and
4-66 Improvement District. Those directors shall draw lots to determine
4-67 which two directors serve two-year terms and which two directors
4-68 serve four-year terms. Successor directors serve four-year terms.
4-69 SECTION 5. The importance of this legislation and the
5-1 crowded condition of the calendars in both houses create an
5-2 emergency and an imperative public necessity that the
5-3 constitutional rule requiring bills to be read on three several
5-4 days in each house be suspended, and this rule is hereby suspended.
5-5 * * * * *