By:  Shapleigh                                        S.B. No. 1829

         Line and page numbers may not match official copy.

         Bill not drafted by TLC or Senate E&E.

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the annexation of the territory of the San Elizario

 1-2     Grant Municipal Utility District by the Lower Valley Water District

 1-3     in El Paso County, the dissolution of the San Elizario Grant

 1-4     Municipal Utility District, and declaring an emergency.

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

 1-6           SECTION 1.  The legislature finds that:

 1-7                 (1)  the Lower Valley Water District is a large

 1-8     municipal utility district (hereinafter referred to as the

 1-9     "district"), the territory of which covers almost one-quarter of

1-10     the southeastern portion of El Paso County;

1-11                 (2)  the San Elizario Grant Municipal Utility District

1-12     (hereinafter referred to as "SEGMUD") is a small debt-free

1-13     municipal utility district consisting of 1754.86 acres more or less

1-14     which is completely surrounded by the district;

1-15                 (3)  the district is expanding its water and wastewater

1-16     system to serve the San Elizario area of El Paso County and will

1-17     soon be in a position to serve the residents within SEGMUD;

1-18                 (4)  SEGMUD has been providing water service within its

1-19     boundaries under a water supply contract with the El Paso County

1-20     Water Control and Improvement District No. 4;

1-21                 (5)  the Board of Directors of SEGMUD has adopted a

 2-1     resolution proposing that SEGMUD be dissolved and that the

 2-2     territory comprising the district be annexed by the district and

 2-3     further that SEGMUD officials and consultants be directed to work

 2-4     with officials of the district to develop any necessary agreements

 2-5     for this purpose;

 2-6                 (6)  the Board of Directors of the district has adopted

 2-7     a resolution supporting the proposal of the Board of Directors of

 2-8     SEGMUD and directing its district officials and consultants to work

 2-9     with the officials and consultants of SEGMUD to develop any

2-10     necessary agreements for this purpose;

2-11                 (7)  it is to the public interest for these two

2-12     municipal utility districts to consolidate by means of said

2-13     dissolution and annexation.

2-14           SECTION 2.  There is hereby added to, and there shall hereby

2-15     become a part of the district, the following described land:

2-16           A tract of land located in Block Nos. 2, 5, 6, 7, 8 and 40 of

2-17     the San Elizario Grant being more particularly described as

2-18     follows:

2-19     Beginning at a point for the northwest corner of said tract located

2-20     in said Block No. 8, said point bears N3712'W, a distance of 2098.1

2-21     feet from the northeast corner of said Block No. 8;

2-22                 Thence S3712'E, a distance of 11079.1 feet;

2-23                 Thence S3640'E, a distance of 285.0 feet;

2-24                 Thence S3518'E, a distance of 315.3 feet;

2-25                 Thence S3338'E, a distance of 300.7 feet;

 3-1                 Thence S3158'E, a distance of 377.1 feet;

 3-2                 Thence S3004'E, a distance of 323.8 feet;

 3-3                 Thence S3919'E, a distance of 8079.6 feet;

 3-4                 Thence S8434'W, a distance of 332.2 feet;

 3-5                 Thence S5917'W, a distance of 313.6 feet;

 3-6                 Thence S 748'W, a distance of 437.7 feet;

 3-7                 Thence S 208'E, a distance of 452.7 feet;

 3-8                 Thence S3944'E, a distance of 180.2 feet;

 3-9                 Thence S5016'W, a distance of 159.9 feet;

3-10                 Thence N3944'W, a distance of 1688.7 feet;

3-11                 Thence N3623'W, a distance of 3249.3 feet;

3-12                 Thence N5243'E, a distance of 61.50 feet;

3-13                 Thence N3623'W, a distance of 1820.0 feet;

3-14                 Thence N4101'W, a distance of 295.1 feet;

3-15                 Thence S4859'W, a distance of 20.0 feet;

3-16                 Thence N67 'W, a distance of 8.3 feet;

3-17                 Thence N8030'W, a distance of 100.0 feet;

3-18                 Thence S8203'W, a distance of 100.0 feet;

3-19                 Thence S7300'W, a distance of 819.7 feet;

3-20                 Thence S7909'W, a distance of 14.3 feet;

3-21                 Thence N7806'W, a distance of 195.4 feet;

3-22                 Thence N4804'W, a distance of 3987.7 feet;

3-23                 Thence N4820'W, a distance of 4467.4 feet;

3-24                 Thence N4823'W, a distance of 2134.0 feet;

3-25                 Thence N4016'W, a distance of 2283.5 feet;

 4-1                 Thence S7800'E, a distance of 1353.5 feet;

 4-2                 Thence S7747'E, a distance of 497.9 feet;

 4-3                 Thence S4011'E, a distance of 40.0 feet;

 4-4                 Thence N4949'E, a distance of 38.5 feet;

 4-5                 Thence N4008'W, a distance of 44.3 feet;

 4-6                 Thence N4949'W, a distance of 367.8 feet;

 4-7                 Thence N6129'E, a distance of 370.1 feet;

 4-8                 Thence N4025'W, a distance of 415.2 feet;

 4-9                 Thence N4022'W, a distance of 2214.3 feet;

4-10                 Thence N5137'E, a distance of 313.1 feet;

4-11                 Thence N1420'W, a distance of 615.1 feet;

4-12                 Thence N1836'W, a distance of 132.0 feet;

4-13                 Thence N3716'E, a distance of 1039.7 feet;

4-14                 Thence S3624'E, a distance of 1730.0 feet;

4-15                 Thence N3916'E, a distance of 2417.0 feet;

4-16                 to the point of beginning.

4-17           The above described tract of land contains 1754.86 acres,

4-18     more or less.

4-19           SECTION 3.  It is expressly determined, and the Legislature

4-20     hereby finds, that the boundaries of said district as redefined in

4-21     Section 2 hereof form a closure, and if any mistake is made in

4-22     copying the field notes in the legislative process, or otherwise a

4-23     mistake is found to have occurred in the field notes, it shall in

4-24     no way or manner affect the organization, existence or validity of

4-25     said district as enlarged and redefined, or the district's right to

 5-1     issue bonds or refunding bonds, or to pay the principal and

 5-2     interest thereon, or the right to assess, levy and collect taxes,

 5-3     or in any other manner affect the legality or operation of the

 5-4     district or its governing body.

 5-5           SECTION 4.  It is determined and found that the land added

 5-6     herein to the district, the original area of the district, and all

 5-7     of the land and other property included within the area and

 5-8     boundaries of the district as herein enlarged will be benefitted by

 5-9     the works and projects which are to be accomplished by the district

5-10     pursuant to the powers conferred by the provisions of Article XVI,

5-11     section 59, of the Constitution of Texas, and that said district

5-12     was and is created and enlarged as herein provided, to serve a

5-13     public use and benefit.

5-14           SECTION 5.  SEGMUD is hereby dissolved.

5-15           SECTION 6.  The annexation and dissolution of SEGMUD by the

5-16     district shall not be effective and final unless and until all the

5-17     following contingencies are met:

5-18           (a)  The board of directors of SEGMUD must give its consent

5-19     to the annexation and dissolution by resolution.

5-20           (b)  The board of directors of SEGMUD must order an election

5-21     to be held within the boundaries of SEGMUD on the question of the

5-22     assumption of the district's outstanding bonds, notes, taxes, or

5-23     other obligations and voted but unissued bonds, and the said

5-24     election must result favorably to the assumption of the district's

5-25     outstanding bonds, notes, or other obligations and voted but

 6-1     unissued bonds.  The election shall be held and notice given as

 6-2     provided for bond elections held by a municipal utility district.

 6-3           (c)  The district and SEGMUD must enter into an agreement

 6-4     providing for an orderly transition of water service for SEGMUD

 6-5     customers and for the transfer of SEGMUD's facilities, assets, and

 6-6     liabilities, if any, to the district upon the effective date of the

 6-7     dissolution and annexation of SEGMUD, and all conditions of this

 6-8     agreement must be fulfilled.

 6-9           (d)  The district must have completed the construction of the

6-10     necessary facilities and have an adequate water capacity and

6-11     pressures to provide the annexed territory with service in

6-12     accordance with the regulatory requirements of the Texas Natural

6-13     Resource Conservation Commission.

6-14           (d)  After the contingencies set forth in subsections (a)

6-15     through (d) have been satisfied, the boards of directors of SEGMUD

6-16     and the district shall notify the executive director of the Texas

6-17     Natural Resource Conservation Commission to that effect and request

6-18     that an order of dissolution and annexation be issued.  After

6-19     investigation the executive director of the commission shall issue

6-20     an order of dissolution and annexation if it is determined that all

6-21     the foregoing contingencies have been met.  The order shall be

6-22     filed in the land records of El Paso County, and the dissolution

6-23     and annexation shall be effective as of the date of the filing of

6-24     this order.  The consideration and adoption of an order under this

6-25     section is not a constested case under Chapter 2001, Government

 7-1     Code.

 7-2           SECTION 7.  If the indebtedness, tax or bond, note, or other

 7-3     obligation assumption election results favorably, the district

 7-4     shall be authorized to issue its voted but unissued tax bonds even

 7-5     though the boundaries of the district have been changed since the

 7-6     original election approving the bonds.

 7-7           SECTION 8.

 7-8           (a)  The proper and legal notice of the intention to

 7-9     introduce this Act, setting forth the general substance of the Act,

7-10     has been published as provided by law, and the notice and a copy of

7-11     this Act have been furnished to all persons, agencies, officials,

7-12     or entities to which they are required to be furnished by the

7-13     constitution and other laws of this state, including the governor,

7-14     who has submitted the notice and Act to the Texas Natural Resource

7-15     Conservation Commission.

7-16           (b)  The Texas Natural Resource Conservation Commission has

7-17     filed its recommendations relating to this Act with the governor,

7-18     lieutenant governor, and speaker of the house of representatives

7-19     within the required time.

7-20           (c)  All requirements of the constitution and laws of this

7-21     state and the rules and procedures of the legislature with respect

7-22     to the notice, introduction, and passage of this Act are fulfilled

7-23     and accomplished.

7-24           SECTION 9.  Notwithstanding any other provision of law, the

7-25     order of dissolution and annexation is wholly sufficient and

 8-1     effective to accomplish the dissolution of SEGMUD and the

 8-2     annexation of the land described in Section 2 hereof into the

 8-3     district.

 8-4           SECTION 10.  If any provision of this Act shall, for any

 8-5     reason, be held invalid, such holding shall not affect the

 8-6     remaining portion of this Act, and this Act shall be given a

 8-7     liberal and broad construction in order that the expressed

 8-8     objectives of the Act may be carried out.

 8-9           SECTION 11.  The importance of this legislation and the

8-10     crowded condition of the calendars in both houses create an

8-11     emergency and an imperative public necessity that the

8-12     constitutional rule requiring bills to be read on three several

8-13     days in each house be suspended, and this rule is hereby suspended.