1-1 By: Shapleigh S.B. No. 1829
1-2 (In the Senate - Filed March 14, 1997; March 24, 1997, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; April 4, 1997, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 11, Nays 0;
1-6 April 4, 1997, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1829 By: Moncrief
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the dissolution of the San Elizario Grant Municipal
1-11 Utility District and the transfer of its territory, assets, and
1-12 liabilities to the Lower Valley Water District.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. DEFINITIONS. In this Act:
1-15 (1) "Board" means the board of directors of the Lower
1-16 Valley Water District.
1-17 (2) "Commission" means the Texas Natural Resource
1-18 Conservation Commission.
1-19 (3) "District" means the Lower Valley Water District.
1-20 (4) "SEGMUD" means the San Elizario Grant Municipal
1-21 Utility District.
1-22 (5) "SEGMUD board" means the board of directors of the
1-23 San Elizario Grant Municipal Utility District.
1-24 SECTION 2. FINDINGS RELATING TO DISSOLUTION. The
1-25 legislature finds that:
1-26 (1) the district is a large municipal utility district
1-27 with a territory that encompasses approximately one-fourth of the
1-28 southeastern part of El Paso County;
1-29 (2) SEGMUD is a small, debt-free municipal utility
1-30 district with a territory that encompasses approximately 1,754.86
1-31 acres;
1-32 (3) the territory of SEGMUD is surrounded entirely by
1-33 the territory of the district;
1-34 (4) the district is in the process of expanding the
1-35 district's water and wastewater system to serve the area of San
1-36 Elizario located in El Paso County;
1-37 (5) the district will be capable of providing water
1-38 service within SEGMUD territory in the near future;
1-39 (6) SEGMUD provides water service within its territory
1-40 under a water supply contract with the El Paso County Water Control
1-41 and Improvement District No. 4;
1-42 (7) the SEGMUD board has adopted a resolution that:
1-43 (A) proposes to dissolve SEGMUD and to add
1-44 SEGMUD territory to the district; and
1-45 (B) directs SEGMUD's officials and consultants
1-46 to cooperate with the district's officials and consultants for
1-47 purposes of dissolving SEGMUD and adding its territory to the
1-48 district;
1-49 (8) the board has adopted a resolution that:
1-50 (A) supports the SEGMUD board's proposal to
1-51 dissolve SEGMUD and to add its territory to the district; and
1-52 (B) directs the district's officials and
1-53 consultants to cooperate with SEGMUD's officials and consultants
1-54 for purposes of dissolving SEGMUD and adding its territory to the
1-55 district; and
1-56 (9) dissolving SEGMUD and adding its territory to the
1-57 district benefits the public interest.
1-58 SECTION 3. AMENDMENT. Subsection (a), Section 2, Chapter
1-59 780, Acts of the 69th Legislature, Regular Session, 1985, is
1-60 amended to read as follows:
1-61 (a) The authority shall include all of the territory
1-62 contained within the following described areas:
1-63 Beginning at the most southerly point of the incorporated boundary
1-64 of the City of El Paso, Texas, said point also being common to the
2-1 United States Mexico boundary;
2-2 Thence, Northerly following along the existing city limits boundary
2-3 a distance of 6.0 miles (approximately) to the North right-of-way
2-4 line of U.S. Interstate 10;
2-5 Thence, Easterly following along the North right-of-way line of
2-6 U.S. Interstate 10 a distance of .85 miles (approximately) to a
2-7 point;
2-8 Thence, Northerly along the boundary of the Horizon Water District
2-9 a distance of 1.2 miles (approximately) to a point on the common
2-10 corner of W. J. Rand Survey 315 1/2 and C.D. Stewart Survey 317,
2-11 318 and 319;
2-12 Thence, West following along the boundary of the Horizon Water
2-13 District along the common line of W.J. Rand Survey 315 1/2 and C.D.
2-14 Stewart Survey 317 a distance of 1.0 mile to the common corner of
2-15 O.A. Danielson Surveys 315 and 316, W.J. Rand Survey 315 1/2 and
2-16 C.D. Stewart Survey 317;
2-17 Thence, North following along the boundary of the Horizon Water
2-18 District along the common line of W.J. Rand Survey 315 1/2 and O.A.
2-19 Danielson Survey 315 a distance of 1.0 mile to the common corner of
2-20 O.A. Danielson Survey 312 and 315, W.J. Rand Survey 315 1/2 and
2-21 Block 79, TSP 3, Section 17 of the T & P R.R. Surveys;
2-22 Thence, East following along the boundary of the Horizon Water
2-23 District along the common line of W.J. Rand Survey 315 1/2 and
2-24 Block 79, TSP 3, Section 17 of the T & P R.R. Surveys a distance of
2-25 1.0 mile to the common corner of Sections 17 and 18, Block 79, TSP
2-26 3 of the T & P R.R. Surveys, W.J. Rand Survey 315 1/2 and C.D.
2-27 Stewart Survey 319;
2-28 Thence, North following along the boundary of the Horizon Water
2-29 District along the common line of Sections 17 and 18, Block 79, TSP
2-30 3 of the T & P R.R. Surveys a distance of 1.0 miles to the common
2-31 corner of Sections 15, 16, 17 and 18, Block 79, TSP 3 of the T & P
2-32 R.R. Surveys;
2-33 Thence, East following along the boundary of the Horizon Water
2-34 District along the common line of Sections 15 and 18, Block 79, TSP
2-35 3 of the T & P R.R. Surveys a distance of 1.0 mile to the common
2-36 corner of Sections 14, 15, 18 and 19, Block 79, TSP 3 of the T & P
2-37 R.R. Surveys;
2-38 Thence, South following along the boundary of the Horizon Water
2-39 District along the common line of Sections 18 and 19, Block 79, TSP
2-40 3 of the T & P R.R. Surveys a distance of 1.0 mile to the common
2-41 corner of Sections 18, 19 an 22 of the T & P R.R. Surveys and C.D.
2-42 Stewart Survey 319;
2-43 Thence, East following along the boundary of the Horizon Water
2-44 District along the common line of Sections 19 and 22, Block 79, TSP
2-45 3 of the T & P R.R. Surveys a distance of 1.0 mile to the common
2-46 corner of Sections 19, 20, 21 and 22, Block 79, TSP 3 of the T & P
2-47 R.R. Surveys;
2-48 Thence, South following along the boundary of the Horizon Water
2-49 District along the common line of Sections of 21 and 22, Block 79,
2-50 TSP 3 of the T & P R.R. Surveys a distance of .5 mile to a point;
2-51 Thence, West following along the boundary of the Horizon Water
2-52 District a distance of .5 mile (approximately) to a point;
2-53 Thence, South following along the boundary of the Horizon Water
2-54 District a distance of .5 mile (approximately) to the common line
2-55 of Section 22, Block 79, TSP 3 of the T & P R.R. Surveys and C.D.
2-56 Stewart Survey 320;
2-57 Thence, East following along the boundary of the Horizon Water
2-58 District and the common line of Section 22, Block 79, TSP 3 of the
2-59 T & P R.R. Surveys and C.D. Stewart Survey 320 a distance of .5
2-60 mile (approximately) to the common corner of Sections 21 and 22,
2-61 Block 79, TSP 3 of the T & P R.R. Surveys, C.D. Stewart 320 and
2-62 W.J. Rand Survey 325;
2-63 Thence, South following along the boundary of the Horizon Water
2-64 District and the common line of C.D. Stewart Survey 320 and W.J.
2-65 Rand Survey 325 a distance of 1.0 mile to the common corner of C.D.
2-66 Stewart Surveys 320, 321, 322 and W.J. Rand Survey 325;
2-67 Thence, West following along the boundary of the Horizon Water
2-68 District and also being the common line of C.D. Stewart Surveys 320
2-69 and 322 a distance of 1.0 mile to the common corner of C.D. Stewart
3-1 Surveys 318, 320, 322 and 323;
3-2 Thence, South following the boundary of the Horizon Water District
3-3 and also being the common line of C.D. Stewart Surveys 322 and 323
3-4 a distance of 1.0 mile to the common corner of C.D. Stewart Surveys
3-5 322, 323 and Leigh Clark Surveys 292 and 293;
3-6 Thence, East following the boundary of the Horizon Water District
3-7 and also being the common line of C.D. Stewart Survey 322 and Leigh
3-8 Clark Survey 292 a distance of 1.0 mile to the common corner of
3-9 C.D. Stewart Surveys 321, 322 and Leigh Clark Survey 291 and 292;
3-10 Thence, South following the boundary of the Horizon Water District
3-11 and also being the common line of Leigh Clark Surveys 291 and 292 a
3-12 distance of 1.0 mile to the common corner of Leigh Clark Surveys
3-13 291, 292, 295 and 296;
3-14 Thence, West following the boundary of the Horizon Water District
3-15 and also being the common line of Leigh Clark Surveys 292 and 295 a
3-16 distance of 1.0 mile to the common corner of Leigh Clark Surveys
3-17 292, 293, 294 and 295;
3-18 Thence, South following the boundary of the Horizon Water District
3-19 and also being the common line of Leigh Clark Surveys 294 and 295 a
3-20 distance of 1.0 mile to the common corner of Leigh Clark Surveys
3-21 294 and 295;
3-22 Thence, East following the boundary of the Horizon Water District
3-23 and being the common section lines of several surveys a distance of
3-24 6.0 miles to the common corner of Sections 2, 3, 8 and 9, Block 78,
3-25 TSP 4 of the T & P R.R. Surveys;
3-26 Thence, North following the boundary of the Horizon Water District
3-27 and being the common line of Sections 2 and 3, Block 78, TSP 4 of
3-28 the T & P R.R. Surveys a distance of 1.0 mile to the common corner
3-29 of Sections 46 and 47, Block 78, TSP 3 and Sections 2 and 3, Block
3-30 78, TSP 4 of the T & P R.R. Surveys;
3-31 Thence, East following the boundary of the Horizon Water District
3-32 and being the common section lines of several surveys a distance of
3-33 6.0 miles to the common corner of Sections 46 and 47, Block 77, TSP
3-34 3 and Sections 2 and 3, Block 77, TSP 4 of the T & P R.R. Surveys;
3-35 Thence, South following along the boundary of the Horizon Water
3-36 District and being the common line of Sections 2 and 3, Block 77,
3-37 TSP 4 of the T & P RR Surveys, a distance of one mile to the common
3-38 corner of Sections 2, 3, 10 and 11, Block 77, TSP 4 of the T & P RR
3-39 Surveys;
3-40 Thence, East following along the boundary of the Horizon Water
3-41 District and being the common line of Sections 2 and 11, Block 77,
3-42 TSP 4 of the T & P R.R. Surveys a distance of 1.0 mile to the
3-43 common corners of Sections 1, 2, 11 and 12, Block 77, TSP 4 of the
3-44 T & P R.R. Surveys;
3-45 Thence South following along the boundary of the Horizon Water
3-46 District and being the common line of Sections 11 and 12, Block 77,
3-47 TSP 4 of the T & P R.R. Surveys a distance of 1.0 mile to the
3-48 common corners of Sections 11, 12, 13 and 14, Block 77, TSP 4 of
3-49 the T & P R.R. Surveys;
3-50 Thence, East following along the boundary of the Horizon Water
3-51 District and being the common line of Sections 12 and 13, Block 77,
3-52 TSP 4 of the T & P R.R. Surveys a distance of 1.0 mile to the
3-53 common line of El Paso County and Hudspeth County;
3-54 Thence along said county line, South 11 miles to a point, said
3-56 corner of Survey No. 349;
3-57 Thence continuing along the Hudspeth-El Paso County line, East 2.0
3-59 348;
3-60 Thence continuing along the Hudspeth-El Paso County line, South 4.0
3-61 miles to a point;
3-62 Thence continuing along the Hudspeth-El Paso County line, East 0.25
3-63 miles to the most easterly corner of Survey No. 362;
3-64 Thence continuing along the Hudspeth-El Paso County line, South 45
3-65 06' West, 3.2 miles to a point on the United States-Mexico
3-66 international boundary and as defined by the rectified Rio Grande
3-67 river channel;
3-68 Thence following along said international boundary line in a
3-69 northwesterly direction, 28 miles (approximately) to the point of
4-1 beginning of this description. Save and except the existing areas
4-2 encompassed by the following entities; 1) City of Clint, Texas, 2)
4-3 El Paso County Water Authority (Horizon), 3) Fabens Water Control
4-4 and Water Improvement District No. 4, 4) Haciendas Del Norte Water
4-5 Improvement District, 5) [San Elizario Municipal Utility District,
4-6 6)] Cuadrilla Water Improvement Corporation, and 6) [7)] the area
4-7 serviced by the Tornillo Water Supply Corporation, more
4-8 specifically described as follows:
4-9 Beginning at the intersection of the northwesterly line of
4-10 Section 12, Blk L. (University Lands and the southerly R.O.W. line
4-11 of Interstate I-10,
4-12 Thence along said R.O.W. as follows:
4-13 S 57 19' 42" E 441.77 ft
4-14 Thence S 49 51' 53" E 2948.41 ft
4-15 Thence S 42 24' 05" E 902.93 ft
4-16 Thence S 47 35' 55" W 50.00 ft
4-17 Thence S 42 24' 05" E 1006.67 ft
4-18 Thence S 02 43' 47" E 339.67 ft
4-19 Thence S 17 35' 35" W 450.37 ft
4-20 Thence S 37 42' 40" W 270.87 ft
4-21 Thence S 42 24' 05" E 130.00 ft
4-22 Thence N 57 29' 10" E 270.87 ft
4-23 Thence N 77 35' 55" E 450.37 ft
4-24 Thence S 82 04' 23" E 339.67 ft
4-25 Thence S 42 24' 05" E 995.67 ft
4-26 Thence N 47 35' 55" E 50.00 ft
4-27 Thence S 42 24' 05" E 4599.41 ft
4-28 Thence S 47 35' 55" E 100.00 ft
4-29 Thence S 42 24' 05" E 5588.73 ft
4-30 Thence S 56 49' 28" E 4869.65 ft
4-31 Thence S 45 02' 52" W 51.09 ft
4-32 Thence S 56 49' 28" E 5195.17 ft
4-33 Thence N 33 10' 32" E 50.00 ft
4-34 Thence S 56 49' 28" E 7298.60 ft
4-35 Thence S 33 10' 32" W 50.00 ft
4-36 Thence S 56 49' 28" E 1305.61 ft to point of intersection of
4-37 said southerly R.O.W. of I-10 and the east line of William C.
4-38 Stanley Survey #51, said line being the common line El Paso and
4-39 Hudspeth Counties;
4-40 Thence S 45 00' 00" W 6442.98 to EAST corner Tr 4B, Bk 10,
4-41 Lower Valley Survey
4-42 Thence S 44 54' W 1774.39 ft to South corner TR 3B, Bk 10,
4-43 Lower Valley Survey
4-44 Thence S 45 01' 51" W 507 ft along the common county line El
4-45 Paso-Hudspeth counties to a point on the easterly R.O.W. of the Rio
4-46 Grande Restification Project El Paso-Juarez Valley and said being
4-47 213.25 ft east of the said Base line;
4-48 Thence N 48 59' 11" W 1110.90 ft along R.O.W. to sta 72 +
4-49 384.76 (Mrts)
4-50 Thence N 48 59' 11" W 1205.05 ft to P.T. sta. 72 + 017.46
4-51 (mtrs)
4-52 Thence 1378.88 ft around arc of curve to left-R=2191.46 ft
4-53 delta=36 03' 03"
4-54 Thence N 85 02' 14" W 609.68 ft
4-55 Thence N 04 42' 24" E 808.43 ft
4-56 Thence N 02 04' 41" W 172.08 ft
4-57 Thence N 17 13' 47" W 202.26 ft
4-58 Thence N 33 05' 54" W 208.00 ft
4-59 Thence N 51 47' 09" W 169.32 ft
4-60 Thence S 77 34' W 44.30 ft
4-61 Thence S 75 09' W 152.16 ft
4-62 Thence S 51 11" W 15.21 ft
4-63 Thence S 57 59" E 114.50 ft
4-64 Thence S 51 47' E 154.0 ft
4-65 Thence S 33 06' E 160.1 ft
4-66 Thence S 17 13' E 159.4 ft
4-67 Thence S 02 05' E 141.80 ft
4-68 Thence S 04 42' W 684.10 ft
4-69 Thence S 67 58' W 114.50 ft
5-1 Thence N 85 02' 14" W 1070.10 ft on line 406.52' E of Base
5-2 line
5-3 Thence N 48 23' E 209.09 ft
5-4 Thence N 85 02' 14" W 1167.88 ft on line 510.00' E of Base
5-5 line
5-6 Thence S 32 12' 46" W 357.84 ft
5-7 Thence N 85 02' 14" W 5561.00 ft on line 191.86' E of Base
5-8 line
5-9 Thence N 26 41' E 30.0 ft to point being 221.85' E from Base
5-10 line
5-11 Thence N 85 02' 14" W 4678.7 ft
5-12 Thence S 04 51' W 30 ft to point being 191.86' E from Base
5-13 line
5-14 Thence N 85 02' 14" W 4271.64 ft
5-15 Thence N 16 30" W 30.0 ft to point 221.85' E from Base line
5-16 Thence N 85 02' 14" W 3449.27 ft
5-17 Thence S 45 07' W 97.08 ft to point being 147.64' E of Base
5-18 line
5-19 Thence N 85 02' 14" W 549.2 ft to P.T. Curve Station 64 +
5-20 894.92(mtrs)
5-22 30" R=3513.51 ft to P.C. station 64 + 060.19 (mtrs)
5-23 Thence N 42 10' 44" W. 3763.77 ft
5-24 Thence S 47 49' 16" W. 42.65 ft to point 104.99' E of Base
5-25 line
5-26 Thence N 42 10' 44" W. 1653.54 ft
5-27 Thence N 47 49' 16" E 26.25 ft to point 131.33' E of Base
5-28 line
5-29 Thence N 42 10' 44" W 2814.95 ft
5-30 Thence S 47 49' 16" W 3.28 ft to point 127.96' E of Base line
5-31 Thence N 42 10' 44" W 1013.78 ft
5-32 Thence S 47 49' 16" W 22.97 ft to point 104.99' E of Base
5-33 line
5-34 Thence N 42 10' 44" W 78.74 to P.T. station 61 + 223.70
5-35 (mtrs)
5-36 Thence 1399.72 ft around arc of curve to left; delta=18 2'
5-37 10", R=4405.82 ft to P.C.P.J. Sta=807.23 (mtrs)
5-38 Thence 867.16 ft around arc of compound cuver to the left
5-39 delta=9 38' 10" R=5156.09 ft to point on curve
5-40 Thence N 74 36' 39" E, 226.38 ft
5-41 Thence N 81 23' 21" W, 1629 ft
5-42 Thence N 89 09' 02" W 2646.19 ft to intersection with the
5-43 East line of Fabens Wastewater channel;
5-44 Thence along easterly line of said Fabens Wastewater channel
5-45 to its intersection with the common line of Surveys 167 and 168 of
5-46 the San Elizario Grant, Block 47
5-47 Thence N 43 12' E 3167.8 ft to centerline of road and to the
5-48 most easterly corner of said Survey 167
5-49 Thence N 46 48' W 55.55 ft along centerline road to the
5-50 southwest corner of Survey 142
5-51 Thence N 43 00' E 1445.0' along common line Surveys 141 142
5-52 to foothills
5-53 Thence S 50 42' E 314.11 ft
5-54 Thence S 61 52' E 277.11 ft
5-55 Thence S 45 32' E 155.56 ft
5-56 Thence N 43 00' E 139.44 ft
5-57 Thence S 55 40' E 557.78 ft
5-58 Thence S 86 05' E 302.50 ft
5-59 Thence S 81 57' E 361.94 ft
5-60 Thence S 43 12' W 425.83 ft
5-61 Thence S 46 09' E 631.39 ft
5-62 Thence S 75 58' E 267.83 ft
5-63 Thence N 83 04' E 398.50 ft
5-64 Thence S 48 14' E 463.86 ft
5-65 Thence S 24 13' E 470.08 ft
5-66 Thence S 17 58' E 210.28 ft
5-67 Thence S 38 52' W 200.00 ft
5-68 Thence S 57 37' W 549.89 ft
5-69 Thence S 74 37" W 200.00ft
6-1 Thence S 80 57' W 155.19 ft
6-2 Thence N 86 48' W 100.11 ft
6-3 Thence S 80 32' W 140.17 ft
6-4 Thence N 06 28' W 83.11 ft
6-5 Thence S 30 03' E 100.11 ft
6-6 Thence S 00 12' W 157.22 ft
6-7 Thence S 44 28' E 400.50 ft
6-8 Thence S 55 33' E 300.36 ft
6-9 Thence S 69 48' E 200.28 ft
6-10 Thence S 75 08' E 1101.36 ft
6-11 Thence S 16 16' E 344.44 ft
6-12 Thence S 61 31' E 600.83 ft
6-13 Thence S 48 42' E 623.89 ft
6-14 Thence S 89 19' E 1128.05 ft
6-15 Thence S 49 46' E 307.88 ft
6-16 Thence S 84 32' E 178.83 ft
6-17 Thence S 32 26' E 277.22 ft
6-18 Thence S 11 08' E 145.17 ft
6-19 Thence S 27 25' W 96.81 ft
6-20 Thence S 38 33' W 379.39 ft
6-21 Thence S 35 58' W 390.47 ft
6-22 Thence S 28 58' W 206.67 ft
6-23 Thence S 31 07' E 236.67 ft
6-24 Thence S 02 13' E 317.08 ft
6-25 Thence N 45 20' E 1700.55 ft
6-26 Thence S 44 40' E 1912.63' to common corner Survey 292-427
6-27 Section 9
6-28 Thence N 52 30' E 1337.50' to common corner M.R. Hemley
6-29 Survey 427 Sections 9-10-11
6-30 Thence N 52 30' E 1337.50 ft to common corner 9-10-11
6-31 (sections)
6-32 Thence N 52 30' E 5277.76 ft to common corner sections
6-33 10-11-12-17
6-34 Thence N 52 30' E 4564.42 to southerly R.O.W. 1-10 & the
6-35 P.O.B.; and
6-36 A parcel of land containing [continuing] 5 square miles in the
6-37 county of El Paso, Texas and being more particularly described as
6-38 follows:
6-39 Sections 16 and 18 in Block 78, Township 2, T & P RR Survey, El
6-40 Paso County, Texas
6-41 Section 48, Block 79, Township 2, T & P RR Survey, El Paso County,
6-42 Texas
6-43 Section 2 and 10, Block 79, Township 3, T & P RR Survey, El Paso
6-44 County, Texas.
6-45 SECTION 4. FINDING RELATING TO BOUNDARY DESCRIPTION. The
6-46 legislature finds that the territory of the district, as described
6-47 by Subsection (a), Section 2, Chapter 780, Acts of the 69th
6-48 Legislature, Regular Session, 1985, as amended by this Act, forms a
6-49 closure. If a mistake is made in copying the field notes during
6-50 the legislative process or if a mistake exists in the field notes,
6-51 the mistake does not affect:
6-52 (1) the organization, operation, existence, or
6-53 validity of the district;
6-54 (2) the district's right to issue bonds, including
6-55 refunding bonds, or to pay the principal and interest on bonds; or
6-56 (3) the district's right to assess, levy, and collect
6-57 taxes.
6-58 SECTION 5. FINDINGS RELATING TO BENEFIT. The legislature
6-59 finds that:
6-60 (1) the territory of the district, as described by
6-61 Subsection (a), Section 2, Chapter 780, Acts of the 69th
6-62 Legislature, Regular Session, 1985, as amended by this Act, and the
6-63 property located within that territory, is benefited by the works
6-64 and projects of the district; and
6-65 (2) the district serves a public use and benefit.
6-66 SECTION 6. CONDITIONS FOR DISSOLUTION AND TERRITORY CHANGE
6-67 ORDER. The board and the SEGMUD board may jointly request the
6-68 commission to enter an order dissolving SEGMUD and adding its
6-69 territory to the district if:
7-1 (1) the SEGMUD board, by resolution, consents to
7-2 dissolving SEGMUD and adding its territory to the district;
7-3 (2) the SEGMUD board holds an election in the same
7-4 manner as provided for bond elections under Section 49.106, Water
7-5 Code, for the qualified voters of SEGMUD to decide whether to
7-6 assume the outstanding bonds, including voted but unissued bonds,
7-7 notes, taxes, or other obligations of the district;
7-8 (3) a majority of the qualified voters participating
7-9 in an election held under Subdivision (2) of this section vote in
7-10 favor of assuming the outstanding bonds, including voted but
7-11 unissued bonds, notes, taxes, or other obligations of the district;
7-12 (4) SEGMUD enters into an agreement with the district
7-13 to transfer to the district:
7-14 (A) SEGMUD's debts, if any, liabilities, and
7-15 obligations; and
7-16 (B) SEGMUD's assets and facilities;
7-17 (5) the district completes construction of facilities
7-18 necessary to provide water service within SEGMUD territory;
7-19 (6) the district possesses adequate water capacity and
7-20 pressure to provide water service within SEGMUD territory; and
7-21 (7) the district enters into an agreement with SEGMUD
7-22 to:
7-23 (A) assume SEGMUD's debts, if any, liabilities,
7-24 and obligations;
7-25 (B) assume SEGMUD's assets and facilities; and
7-26 (C) provide water service within SEGMUD
7-27 territory.
7-28 SECTION 7. DISSOLUTION AND TERRITORY CHANGE ORDER; FILING
7-29 REQUIREMENT. (a) On receipt of a joint request under Section 6 of
7-30 this Act, the commission shall enter an order dissolving SEGMUD and
7-31 adding its territory to the district if the commission determines
7-32 that the conditions of Section 6 of this Act are satisfied.
7-33 (b) The commission shall file a copy of an order issued
7-34 under Subsection (a) of this section in the deed records of El
7-35 Paso County.
7-36 (c) Notwithstanding any other law, an order issued under
7-37 Subsection (a) of this section is effective to dissolve SEGMUD and
7-38 to add its territory to the district.
7-39 SECTION 8. EFFECTIVE DATE OF DISSOLUTION AND TERRITORY
7-40 CHANGE. (a) The dissolution of SEGMUD and the territory change of
7-41 the district as described by Section 7 of this Act becomes
7-42 effective on the date the commission files a copy of the
7-43 dissolution and territory change order as required by Subsection
7-44 (b) of Section 7 of this Act.
7-45 (b) On the effective date of dissolution and territory
7-46 change:
7-47 (1) all property and other assets of SEGMUD are
7-48 transferred to the district; and
7-49 (2) all debts, if any, liabilities, and other
7-50 obligations of SEGMUD are assumed by the district.
7-51 SECTION 9. CONTESTED CASE EXCEPTION. An order issued under
7-52 Subsection (a) of Section 7 of this Act is not a contested case for
7-53 purposes of Chapter 2001, Government Code.
7-54 SECTION 10. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
7-55 (a) The proper and legal notice of the intention to introduce this
7-56 Act, setting forth the general substance of this Act, has been
7-57 published as provided by law, and the notice and a copy of this Act
7-58 have been furnished to all persons, agencies, officials, or
7-59 entities to which they are required to be furnished by the
7-60 constitution and other laws of this state, including the governor,
7-61 who has submitted the notice and Act to the Texas Natural Resource
7-62 Conservation Commission.
7-63 (b) The Texas Natural Resource Conservation Commission has
7-64 filed its recommendations relating to this Act with the governor,
7-65 lieutenant governor, and speaker of the house of representatives
7-66 within the required time.
7-67 (c) All requirements of the constitution and laws of this
7-68 state and the rules and procedures of the legislature with respect
7-69 to the notice, introduction, and passage of this Act are fulfilled
8-1 and accomplished.
8-2 SECTION 11. RULES OF CONSTRUCTION. (a) A finding that a
8-3 provision of this Act is invalid does not affect the validity of
8-4 the remaining provisions of this Act.
8-5 (b) This Act shall be given a liberal and broad construction
8-6 to carry out the expressed purposes of this Act.
8-7 SECTION 12. EFFECTIVE DATE OF SECTION 3. The change in law
8-8 made by Section 3 of this Act takes effect on the date on which the
8-9 Texas Natural Resource Conservation Commission files a copy of the
8-10 dissolution and territory change order in the deed records of El
8-11 Paso County as required by Subsection (b) of Section 7 of this Act.
8-12 SECTION 13. EMERGENCY. The importance of this legislation
8-13 and the crowded condition of the calendars in both houses create an
8-14 emergency and an imperative public necessity that the
8-15 constitutional rule requiring bills to be read on three several
8-16 days in each house be suspended, and this rule is hereby suspended,
8-17 and that this Act take effect and be in force from and after its
8-18 passage, and it is so enacted.
8-19 * * * * *