By: Shapleigh S.B. No. 1829
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the dissolution of the San Elizario Grant Municipal
1-2 Utility District and the transfer of its territory, assets, and
1-3 liabilities to 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) "SEGMUD" means the San Elizario Grant Municipal
1-12 Utility District.
1-13 (5) "SEGMUD board" means the board of directors of the
1-14 San Elizario Grant Municipal Utility District.
1-15 SECTION 2. FINDINGS RELATING TO DISSOLUTION. The
1-16 legislature finds that:
1-17 (1) the district is a large municipal utility district
1-18 with a territory that encompasses approximately one-fourth of the
1-19 southeastern part of El Paso County;
1-20 (2) SEGMUD is a small, debt-free municipal utility
1-21 district with a territory that encompasses approximately 1,754.86
1-22 acres;
1-23 (3) the territory of SEGMUD is surrounded entirely by
2-1 the territory of the district;
2-2 (4) the district is in the process of expanding the
2-3 district's water and wastewater system to serve the area of San
2-4 Elizario located in El Paso County;
2-5 (5) the district will be capable of providing water
2-6 service within SEGMUD territory in the near future;
2-7 (6) SEGMUD provides water service within its territory
2-8 under a water supply contract with the El Paso County Water Control
2-9 and Improvement District No. 4;
2-10 (7) the SEGMUD board has adopted a resolution that:
2-11 (A) proposes to dissolve SEGMUD and to add
2-12 SEGMUD territory to the district; and
2-13 (B) directs SEGMUD's officials and consultants
2-14 to cooperate with the district's officials and consultants for
2-15 purposes of dissolving SEGMUD and adding its territory to the
2-16 district;
2-17 (8) the board has adopted a resolution that:
2-18 (A) supports the SEGMUD board's proposal to
2-19 dissolve SEGMUD and to add its territory to the district; and
2-20 (B) directs the district's officials and
2-21 consultants to cooperate with SEGMUD's officials and consultants
2-22 for purposes of dissolving SEGMUD and adding its territory to the
2-23 district; and
2-24 (9) dissolving SEGMUD and adding its territory to the
2-25 district benefits the public interest.
3-1 SECTION 3. AMENDMENT. Subsection (a), Section 2, Chapter
3-2 780, Acts of the 69th Legislature, Regular Session, 1985, is
3-3 amended to read as follows:
3-4 (a) The authority shall include all of the territory
3-5 contained within the following described areas:
3-6 Beginning at the most southerly point of the incorporated boundary
3-7 of the City of El Paso, Texas, said point also being common to the
3-8 United States Mexico boundary;
3-9 Thence, Northerly following along the existing city limits boundary
3-10 a distance of 6.0 miles (approximately) to the North right-of-way
3-11 line of U.S. Interstate 10;
3-12 Thence, Easterly following along the North right-of-way line of
3-13 U.S. Interstate 10 a distance of .85 miles (approximately) to a
3-14 point;
3-15 Thence, Northerly along the boundary of the Horizon Water District
3-16 a distance of 1.2 miles (approximately) to a point on the common
3-17 corner of W. J. Rand Survey 315 1/2 and C.D. Stewart Survey 317,
3-18 318 and 319;
3-19 Thence, West following along the boundary of the Horizon Water
3-20 District along the common line of W.J. Rand Survey 315 1/2 and C.D.
3-21 Stewart Survey 317 a distance of 1.0 mile to the common corner of
3-22 O.A. Danielson Surveys 315 and 316, W.J. Rand Survey 315 1/2 and
3-23 C.D. Stewart Survey 317;
3-24 Thence, North following along the boundary of the Horizon Water
3-25 District along the common line of W.J. Rand Survey 315 1/2 and O.A.
4-1 Danielson Survey 315 a distance of 1.0 mile to the common corner of
4-2 O.A. Danielson Survey 312 and 315, W.J. Rand Survey 315 1/2 and
4-3 Block 79, TSP 3, Section 17 of the T & P R.R. Surveys;
4-4 Thence, East following along the boundary of the Horizon Water
4-5 District along the common line of W.J. Rand Survey 315 1/2 and
4-6 Block 79, TSP 3, Section 17 of the T & P R.R. Surveys a distance of
4-7 1.0 mile to the common corner of Sections 17 and 18, Block 79, TSP
4-8 3 of the T & P R.R. Surveys, W.J. Rand Survey 315 1/2 and C.D.
4-9 Stewart Survey 319;
4-10 Thence, North following along the boundary of the Horizon Water
4-11 District along the common line of Sections 17 and 18, Block 79, TSP
4-12 3 of the T & P R.R. Surveys a distance of 1.0 miles to the common
4-13 corner of Sections 15, 16, 17 and 18, Block 79, TSP 3 of the T & P
4-14 R.R. Surveys;
4-15 Thence, East following along the boundary of the Horizon Water
4-16 District along the common line of Sections 15 and 18, Block 79, TSP
4-17 3 of the T & P R.R. Surveys a distance of 1.0 mile to the common
4-18 corner of Sections 14, 15, 18 and 19, Block 79, TSP 3 of the T & P
4-19 R.R. Surveys;
4-20 Thence, South following along the boundary of the Horizon Water
4-21 District along the common line of Sections 18 and 19, Block 79, TSP
4-22 3 of the T & P R.R. Surveys a distance of 1.0 mile to the common
4-23 corner of Sections 18, 19 an 22 of the T & P R.R. Surveys and C.D.
4-24 Stewart Survey 319;
4-25 Thence, East following along the boundary of the Horizon Water
5-1 District along the common line of Sections 19 and 22, Block 79, TSP
5-2 3 of the T & P R.R. Surveys a distance of 1.0 mile to the common
5-3 corner of Sections 19, 20, 21 and 22, Block 79, TSP 3 of the T & P
5-4 R.R. Surveys;
5-5 Thence, South following along the boundary of the Horizon Water
5-6 District along the common line of Sections of 21 and 22, Block 79,
5-7 TSP 3 of the T & P R.R. Surveys a distance of .5 mile to a point;
5-8 Thence, West following along the boundary of the Horizon Water
5-9 District a distance of .5 mile (approximately) to a point;
5-10 Thence, South following along the boundary of the Horizon Water
5-11 District a distance of .5 mile (approximately) to the common line
5-12 of Section 22, Block 79, TSP 3 of the T & P R.R. Surveys and C.D.
5-13 Stewart Survey 320;
5-14 Thence, East following along the boundary of the Horizon Water
5-15 District and the common line of Section 22, Block 79, TSP 3 of the
5-16 T & P R.R. Surveys and C.D. Stewart Survey 320 a distance of .5
5-17 mile (approximately) to the common corner of Sections 21 and 22,
5-18 Block 79, TSP 3 of the T & P R.R. Surveys, C.D. Stewart 320 and
5-19 W.J. Rand Survey 325;
5-20 Thence, South following along the boundary of the Horizon Water
5-21 District and the common line of C.D. Stewart Survey 320 and W.J.
5-22 Rand Survey 325 a distance of 1.0 mile to the common corner of C.D.
5-23 Stewart Surveys 320, 321, 322 and W.J. Rand Survey 325;
5-24 Thence, West following along the boundary of the Horizon Water
5-25 District and also being the common line of C.D. Stewart Surveys 320
6-1 and 322 a distance of 1.0 mile to the common corner of C.D. Stewart
6-2 Surveys 318, 320, 322 and 323;
6-3 Thence, South following the boundary of the Horizon Water District
6-4 and also being the common line of C.D. Stewart Surveys 322 and 323
6-5 a distance of 1.0 mile to the common corner of C.D. Stewart Surveys
6-6 322, 323 and Leigh Clark Surveys 292 and 293;
6-7 Thence, East following the boundary of the Horizon Water District
6-8 and also being the common line of C.D. Stewart Survey 322 and Leigh
6-9 Clark Survey 292 a distance of 1.0 mile to the common corner of
6-10 C.D. Stewart Surveys 321, 322 and Leigh Clark Survey 291 and 292;
6-11 Thence, South following the boundary of the Horizon Water District
6-12 and also being the common line of Leigh Clark Surveys 291 and 292 a
6-13 distance of 1.0 mile to the common corner of Leigh Clark Surveys
6-14 291, 292, 295 and 296;
6-15 Thence, West following the boundary of the Horizon Water District
6-16 and also being the common line of Leigh Clark Surveys 292 and 295 a
6-17 distance of 1.0 mile to the common corner of Leigh Clark Surveys
6-18 292, 293, 294 and 295;
6-19 Thence, South following the boundary of the Horizon Water District
6-20 and also being the common line of Leigh Clark Surveys 294 and 295 a
6-21 distance of 1.0 mile to the common corner of Leigh Clark Surveys
6-22 294 and 295;
6-23 Thence, East following the boundary of the Horizon Water District
6-24 and being the common section lines of several surveys a distance of
6-25 6.0 miles to the common corner of Sections 2, 3, 8 and 9, Block 78,
7-1 TSP 4 of the T & P R.R. Surveys;
7-2 Thence, North following the boundary of the Horizon Water District
7-3 and being the common line of Sections 2 and 3, Block 78, TSP 4 of
7-4 the T & P R.R. Surveys a distance of 1.0 mile to the common corner
7-5 of Sections 46 and 47, Block 78, TSP 3 and Sections 2 and 3, Block
7-6 78, TSP 4 of the T & P R.R. Surveys;
7-7 Thence, East following the boundary of the Horizon Water District
7-8 and being the common section lines of several surveys a distance of
7-9 6.0 miles to the common corner of Sections 46 and 47, Block 77, TSP
7-10 3 and Sections 2 and 3, Block 77, TSP 4 of the T & P R.R. Surveys;
7-11 Thence, South following along the boundary of the Horizon Water
7-12 District and being the common line of Sections 2 and 3, Block 77,
7-13 TSP 4 of the T & P RR Surveys, a distance of one mile to the common
7-14 corner of Sections 2, 3, 10 and 11, Block 77, TSP 4 of the T & P RR
7-15 Surveys;
7-16 Thence, East following along the boundary of the Horizon Water
7-17 District and being the common line of Sections 2 and 11, Block 77,
7-18 TSP 4 of the T & P R.R. Surveys a distance of 1.0 mile to the
7-19 common corners of Sections 1, 2, 11 and 12, Block 77, TSP 4 of the
7-20 T & P R.R. Surveys;
7-21 Thence South following along the boundary of the Horizon Water
7-22 District and being the common line of Sections 11 and 12, Block 77,
7-23 TSP 4 of the T & P R.R. Surveys a distance of 1.0 mile to the
7-24 common corners of Sections 11, 12, 13 and 14, Block 77, TSP 4 of
7-25 the T & P R.R. Surveys;
8-1 Thence, East following along the boundary of the Horizon Water
8-2 District and being the common line of Sections 12 and 13, Block 77,
8-3 TSP 4 of the T & P R.R. Surveys a distance of 1.0 mile to the
8-4 common line of El Paso County and Hudspeth County;
8-5 Thence along said county line, South 11 miles to a point, said
8-7 corner of Survey No. 349;
8-8 Thence continuing along the Hudspeth-El Paso County line, East 2.0
8-10 348;
8-11 Thence continuing along the Hudspeth-El Paso County line, South 4.0
8-12 miles to a point;
8-13 Thence continuing along the Hudspeth-El Paso County line, East 0.25
8-14 miles to the most easterly corner of Survey No. 362;
8-15 Thence continuing along the Hudspeth-El Paso County line, South 45
8-16 06' West, 3.2 miles to a point on the United States-Mexico
8-17 international boundary and as defined by the rectified Rio Grande
8-18 river channel;
8-19 Thence following along said international boundary line in a
8-20 northwesterly direction, 28 miles (approximately) to the point of
8-21 beginning of this description. Save and except the existing areas
8-22 encompassed by the following entities; 1) City of Clint, Texas, 2)
8-23 El Paso County Water Authority (Horizon), 3) Fabens Water Control
8-24 and Water Improvement District No. 4, 4) Haciendas Del Norte Water
8-25 Improvement District, 5) [San Elizario Municipal Utility District,
9-1 6)] Cuadrilla Water Improvement Corporation, and 6) [7)] the area
9-2 serviced by the Tornillo Water Supply Corporation, more
9-3 specifically described as follows:
9-4 Beginning at the intersection of the northwesterly line of
9-5 Section 12, Blk L. (University Lands and the southerly R.O.W. line
9-6 of Interstate I-10,
9-7 Thence along said R.O.W. as follows:
9-8 S 57 19' 42" E 441.77 ft
9-9 Thence S 49 51' 53" E 2948.41 ft
9-10 Thence S 42 24' 05" E 902.93 ft
9-11 Thence S 47 35' 55" W 50.00 ft
9-12 Thence S 42 24' 05" E 1006.67 ft
9-13 Thence S 02 43' 47" E 339.67 ft
9-14 Thence S 17 35' 35" W 450.37 ft
9-15 Thence S 37 42' 40" W 270.87 ft
9-16 Thence S 42 24' 05" E 130.00 ft
9-17 Thence N 57 29' 10" E 270.87 ft
9-18 Thence N 77 35' 55" E 450.37 ft
9-19 Thence S 82 04' 23" E 339.67 ft
9-20 Thence S 42 24' 05" E 995.67 ft
9-21 Thence N 47 35' 55" E 50.00 ft
9-22 Thence S 42 24' 05" E 4599.41 ft
9-23 Thence S 47 35' 55" E 100.00 ft
9-24 Thence S 42 24' 05" E 5588.73 ft
9-25 Thence S 56 49' 28" E 4869.65 ft
10-1 Thence S 45 02' 52" W 51.09 ft
10-2 Thence S 56 49' 28" E 5195.17 ft
10-3 Thence N 33 10' 32" E 50.00 ft
10-4 Thence S 56 49' 28" E 7298.60 ft
10-5 Thence S 33 10' 32" W 50.00 ft
10-6 Thence S 56 49' 28" E 1305.61 ft to point of intersection of
10-7 said southerly R.O.W. of I-10 and the east line of William C.
10-8 Stanley Survey #51, said line being the common line El Paso and
10-9 Hudspeth Counties;
10-10 Thence S 45 00' 00" W 6442.98 to EAST corner Tr 4B, Bk 10,
10-11 Lower Valley Survey
10-12 Thence S 44 54' W 1774.39 ft to South corner TR 3B, Bk 10,
10-13 Lower Valley Survey
10-14 Thence S 45 01' 51" W 507 ft along the common county line El
10-15 Paso-Hudspeth counties to a point on the easterly R.O.W. of the Rio
10-16 Grande Restification Project El Paso-Juarez Valley and said being
10-17 213.25 ft east of the said base line;
10-18 Thence N 48 59' 11" W 1110.90 ft along R.O.W. to sta 72 +
10-19 384.76 (Mrts)
10-20 Thence N 48 59' 11" W 1205.05 ft to P.T. sta. 72 + 017.46
10-21 (mtrs)
10-22 Thence 1378.88 ft around arc of curve to left-R=2191.46 ft
10-23 delta=36 03' 03"
10-24 Thence N 85 02' 14" W 609.68 ft
10-25 Thence N 04 42' 24" E 808.43 ft
11-1 Thence N 02 04' 41" W 172.08 ft
11-2 Thence N 17 13' 47" W 202.26 ft
11-3 Thence N 33 05' 54" W 208.00 ft
11-4 Thence N 51 47' 09" W 169.32 ft
11-5 Thence S 77 34' W 44.30 ft
11-6 Thence S 75 09' W 152.16 ft
11-7 Thence S 51 11" W 15.21 ft
11-8 Thence S 57 59" E 114.50 ft
11-9 Thence S 51 47' E 154.0 ft
11-10 Thence S 33 06' E 160.1 ft
11-11 Thence S 17 13' E 159.4 ft
11-12 Thence S 02 05' E 141.80 ft
11-13 Thence S 04 42' W 684.10 ft
11-14 Thence S 67 58' W 114.50 ft
11-15 Thence N 85 02' 14" W 1070.10 ft on line 406.52' E of Base
11-16 line
11-17 Thence N 48 23' E 209.09 ft
11-18 Thence N 85 02' 14" W 1167.88 ft on line 510.00' E of Base
11-19 line
11-20 Thence S 32 12' 46" W 357.84 ft
11-21 Thence N 85 02' 14" W 5561.00 ft on line 191.86' E of Base
11-22 line
11-23 Thence N 26 41' E 30.0 ft to point being 221.85' E from Base
11-24 line
11-25 Thence N 85 02' 14" W 4678.7 ft
12-1 Thence S 04 51' W 30 ft to point being 191.86' E from Base
12-2 line
12-3 Thence N 85 02' 14" W 4271.64 ft
12-4 Thence N 16 30" W 30.0 ft to point 221.85' E from Base line
12-5 Thence N 85 02' 14" W 3449.27 ft
12-6 Thence S 45 07' W 97.08 ft to point being 147.64' E of Base
12-7 line
12-8 Thence N 85 02' 14" W 549.2 ft to P.T. Curve Station 64 +
12-9 894.92(mtrs)
12-11 30" R=3513.51 ft to P.C. station 64 + 060.19 (mtrs)
12-12 Thence N 42 10' 44" W. 3763.77 ft
12-13 Thence S 47 49' 16" W. 42.65 ft to point 104.99' E of Base
12-14 line
12-15 Thence N 42 10' 44" W. 1653.54 ft
12-16 Thence N 47 49' 16" E 26.25 ft to point 131.33' E of Base
12-17 line
12-18 Thence N 42 10' 44" W 2814.95 ft
12-19 Thence S 47 49' 16" W 3.28 ft to point 127.96' E of Base line
12-20 Thence N 42 10' 44" W 1013.78 ft
12-21 Thence S 47 49' 16" W 22.97 ft to point 104.99' E of Base
12-22 line
12-23 Thence N 42 10' 44" W 78.74 to P.T. station 61 + 223.70
12-24 (mtrs)
12-25 Thence 1399.72 ft around arc of curve to left; delta=18 2'
13-1 10", R=4405.82 ft to P.C.P.J. Sta=807.23 (mtrs)
13-2 Thence 867.16 ft around arc of compound cuver to the left
13-3 delta=9 38' 10" R=5156.09 ft to point on curve
13-4 Thence N 74 36' 39" E, 226.38 ft
13-5 Thence N 81 23' 21" W, 1629 ft
13-6 Thence N 89 09' 02" W 2646.19 ft to intersection with the
13-7 East line of Fabens Wastewater channel;
13-8 Thence along easterly line of said Fabens Wastewater channel
13-9 to its intersection with the common line of Surveys 167 and 168 of
13-10 the San Elizario Grant, Block 47
13-11 Thence N 43 12' E 3167.8 ft to centerline of road and to the
13-12 most easterly corner of said Survey 167
13-13 Thence N 46 48' W 55.55 ft along centerline road to the
13-14 southwest corner of Survey 142
13-15 Thence N 43 00' E 1445.0' along common line Surveys 141 142
13-16 to foothills
13-17 Thence S 50 42' E 314.11 ft
13-18 Thence S 61 52' E 277.11 ft
13-19 Thence S 45 32' E 155.56 ft
13-20 Thence N 43 00' E 139.44 ft
13-21 Thence S 55 40' E 557.78 ft
13-22 Thence S 86 05' E 302.50 ft
13-23 Thence S 81 57' E 361.94 ft
13-24 Thence S 43 12' W 425.83 ft
13-25 Thence S 46 09' E 631.39 ft
14-1 Thence S 75 58' E 267.83 ft
14-2 Thence N 83 04' E 398.50 ft
14-3 Thence S 48 14' E 463.86 ft
14-4 Thence S 24 13' E 470.08 ft
14-5 Thence S 17 58' E 210.28 ft
14-6 Thence S 38 52' W 200.00 ft
14-7 Thence S 57 37' W 549.89 ft
14-8 Thence S 74 37" W 200.00ft
14-9 Thence S 80 57' W 155.19 ft
14-10 Thence N 86 48' W 100.11 ft
14-11 Thence S 80 32' W 140.17 ft
14-12 Thence N 06 28' W 83.11 ft
14-13 Thence S 30 03' E 100.11 ft
14-14 Thence S 00 12' W 157.22 ft
14-15 Thence S 44 28' E 400.50 ft
14-16 Thence S 55 33' E 300.36 ft
14-17 Thence S 69 48' E 200.28 ft
14-18 Thence S 75 08' E 1101.36 ft
14-19 Thence S 16 16' E 344.44 ft
14-20 Thence S 61 31' E 600.83 ft
14-21 Thence S 48 42' E 623.89 ft
14-22 Thence S 89 19' E 1128.05 ft
14-23 Thence S 49 46' E 307.88 ft
14-24 Thence S 84 32' E 178.83 ft
14-25 Thence S 32 26' E 277.22 ft
15-1 Thence S 11 08' E 145.17 ft
15-2 Thence S 27 25' W 96.81 ft
15-3 Thence S 38 33' W 379.39 ft
15-4 Thence S 35 58' W 390.47 ft
15-5 Thence S 28 58' W 206.67 ft
15-6 Thence S 31 07' E 236.67 ft
15-7 Thence S 02 13' E 317.08 ft
15-8 Thence N 45 20' E 1700.55 ft
15-9 Thence S 44 40' E 1912.63' to common corner Survey 292-427
15-10 Section 9
15-11 Thence N 52 30' E 1337.50' to common corner M.R. Hemley
15-12 Survey 427 Sections 9-10-11
15-13 Thence N 52 30' E 1337.50 ft to common corner 9-10-11
15-14 (sections)
15-15 Thence N 52 30' E 5277.76 ft to common corner sections
15-16 10-11-12-17
15-17 Thence N 52 30' E 4564.42 to southerly R.O.W. 1-10 & the
15-18 P.O.B.; and
15-19 A parcel of land containing [continuing] 5 square miles in the
15-20 county of El Paso, Texas and being more particularly described as
15-21 follows:
15-22 Sections 16 and 18 in Block 78, Township 2, T & P RR Survey, El
15-23 Paso County, Texas
15-24 Section 48, Block 79, Township 2, T & P RR Survey, El Paso County,
15-25 Texas
16-1 Section 2 and 10, Block 79, Township 3, T & P RR Survey, El Paso
16-2 County, Texas.
16-3 SECTION 4. FINDING RELATING TO BOUNDARY DESCRIPTION. The
16-4 legislature finds that the territory of the district, as described
16-5 by Subsection (a), Section 2, Chapter 780, Acts of the 69th
16-6 Legislature, Regular Session, 1985, as amended by this Act, forms a
16-7 closure. If a mistake is made in copying the field notes during
16-8 the legislative process or if a mistake exists in the field notes,
16-9 the mistake does not affect:
16-10 (1) the organization, operation, existence, or
16-11 validity of the district;
16-12 (2) the district's right to issue bonds, including
16-13 refunding bonds, or to pay the principal and interest on bonds; or
16-14 (3) the district's right to assess, levy, and collect
16-15 taxes.
16-16 SECTION 5. FINDINGS RELATING TO BENEFIT. The legislature
16-17 finds that:
16-18 (1) the territory of the district, as described by
16-19 Subsection (a), Section 2, Chapter 780, Acts of the 69th
16-20 Legislature, Regular Session, 1985, as amended by this Act, and the
16-21 property located within that territory, is benefited by the works
16-22 and projects of the district; and
16-23 (2) the district serves a public use and benefit.
16-24 SECTION 6. CONDITIONS FOR DISSOLUTION AND TERRITORY CHANGE
16-25 ORDER. The board and the SEGMUD board may jointly request the
17-1 commission to enter an order dissolving SEGMUD and adding its
17-2 territory to the district if:
17-3 (1) the SEGMUD board, by resolution, consents to
17-4 dissolving SEGMUD and adding its territory to the district;
17-5 (2) the SEGMUD board holds an election in the same
17-6 manner as provided for bond elections under Section 49.106, Water
17-7 Code, for the qualified voters of SEGMUD to decide whether to
17-8 assume the outstanding bonds, including voted but unissued bonds,
17-9 notes, taxes, or other obligations of the district;
17-10 (3) a majority of the qualified voters participating
17-11 in an election held under Subdivision (2) of this section vote in
17-12 favor of assuming the outstanding bonds, including voted but
17-13 unissued bonds, notes, taxes, or other obligations of the district;
17-14 (4) SEGMUD enters into an agreement with the district
17-15 to transfer to the district:
17-16 (A) SEGMUD's debts, if any, liabilities, and
17-17 obligations; and
17-18 (B) SEGMUD's assets and facilities;
17-19 (5) the district completes construction of facilities
17-20 necessary to provide water service within SEGMUD territory;
17-21 (6) the district possesses adequate water capacity and
17-22 pressure to provide water service within SEGMUD territory; and
17-23 (7) the district enters into an agreement with SEGMUD
17-24 to:
17-25 (A) assume SEGMUD's debts, if any, liabilities,
18-1 and obligations;
18-2 (B) assume SEGMUD's assets and facilities; and
18-3 (C) provide water service within SEGMUD
18-4 territory.
18-5 SECTION 7. DISSOLUTION AND TERRITORY CHANGE ORDER; FILING
18-6 REQUIREMENT. (a) On receipt of a joint request under Section 6 of
18-7 this Act, the commission shall enter an order dissolving SEGMUD and
18-8 adding its territory to the district if the commission determines
18-9 that the conditions of Section 6 of this Act are satisfied.
18-10 (b) The commission shall file a copy of an order issued
18-11 under Subsection (a) of this section in the deed records of El
18-12 Paso County.
18-13 (c) Notwithstanding any other law, an order issued under
18-14 Subsection (a) of this section is effective to dissolve SEGMUD and
18-15 to add its territory to the district.
18-16 SECTION 8. EFFECTIVE DATE OF DISSOLUTION AND TERRITORY
18-17 CHANGE. (a) The dissolution of SEGMUD and the territory change of
18-18 the district as described by Section 7 of this Act becomes
18-19 effective on the date the commission files a copy of the
18-20 dissolution and territory change order as required by Subsection
18-21 (b) of Section 7 of this Act.
18-22 (b) On the effective date of dissolution and territory
18-23 change:
18-24 (1) all property and other assets of SEGMUD are
18-25 transferred to the district; and
19-1 (2) all debts, if any, liabilities, and other
19-2 obligations of SEGMUD are assumed by the district.
19-3 SECTION 9. CONTESTED CASE EXCEPTION. An order issued under
19-4 Subsection (a) of Section 7 of this Act is not a contested case for
19-5 purposes of Chapter 2001, Government Code.
19-6 SECTION 10. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
19-7 (a) The proper and legal notice of the intention to introduce this
19-8 Act, setting forth the general substance of this Act, has been
19-9 published as provided by law, and the notice and a copy of this Act
19-10 have been furnished to all persons, agencies, officials, or
19-11 entities to which they are required to be furnished by the
19-12 constitution and other laws of this state, including the governor,
19-13 who has submitted the notice and Act to the Texas Natural Resource
19-14 Conservation Commission.
19-15 (b) The Texas Natural Resource Conservation Commission has
19-16 filed its recommendations relating to this Act with the governor,
19-17 lieutenant governor, and speaker of the house of representatives
19-18 within the required time.
19-19 (c) All requirements of the constitution and laws of this
19-20 state and the rules and procedures of the legislature with respect
19-21 to the notice, introduction, and passage of this Act are fulfilled
19-22 and accomplished.
19-23 SECTION 11. RULES OF CONSTRUCTION. (a) A finding that a
19-24 provision of this Act is invalid does not affect the validity of
19-25 the remaining provisions of this Act.
20-1 (b) This Act shall be given a liberal and broad construction
20-2 to carry out the expressed purposes of this Act.
20-3 SECTION 12. EFFECTIVE DATE OF SECTION 3. The change in law
20-4 made by Section 3 of this Act takes effect on the date on which the
20-5 Texas Natural Resource Conservation Commission files a copy of the
20-6 dissolution and territory change order in the deed records of El
20-7 Paso County as required by Subsection (b) of Section 7 of this Act.
20-8 SECTION 13. EMERGENCY. The importance of this legislation
20-9 and the crowded condition of the calendars in both houses create an
20-10 emergency and an imperative public necessity that the
20-11 constitutional rule requiring bills to be read on three several
20-12 days in each house be suspended, and this rule is hereby suspended,
20-13 and that this Act take effect and be in force from and after its
20-14 passage, and it is so enacted.