By: Shapleigh S.B. No. 1830
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the inclusion of the territory of the Town of Clint in
1-2 the Lower Valley Water District.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. DEFINITIONS. In this Act:
1-5 (1) "Board" means the board of directors of the Lower
1-6 Valley Water District.
1-7 (2) "Commission" means the Texas Natural Resource
1-8 Conservation Commission.
1-9 (3) "District" means the Lower Valley Water District.
1-10 (4) "School district" means the Clint Independent
1-11 School District.
1-12 (5) "Town" means the Town of Clint.
1-13 SECTION 2. FINDINGS RELATING TO TERRITORY CHANGE AND
1-14 EXTENSION OF SERVICES. The legislature finds that:
1-15 (1) the town is located in El Paso County and does not
1-16 own or operate a municipal water or wastewater system;
1-17 (2) the school district operates the only water
1-18 distribution system within the boundaries of the town;
1-19 (3) the water distribution system operated by the
1-20 school district within the town does not serve all residents of the
1-21 town;
1-22 (4) the trustees of the school district have expressed
1-23 a desire to sell to the district a transmission line that the
2-1 school district owns and any interest the school district may own
2-2 in the water distribution system operated by the school district
2-3 within the town;
2-4 (5) the territory of the town is surrounded entirely
2-5 by the district but is not within the boundaries of the district;
2-6 (6) the district is constructing a water distribution
2-7 project and a wastewater collection project for purposes of
2-8 providing service to areas in and around the town;
2-9 (7) if the projects described by Subdivision (6) of
2-10 this section are extended, the projects are capable of providing
2-11 services to the residents of the town; and
2-12 (8) the governing body of the town has issued a
2-13 resolution expressing a desire for the district to annex the
2-14 territory of the town for purposes of providing water and
2-15 wastewater services to the residents of the town.
2-16 SECTION 3. AMENDMENT. Subsection (a), Section 2, Chapter
2-17 780, Acts of the 69th Legislature, Regular Session, 1985, is
2-18 amended to read as follows:
2-19 (a) The authority shall include all of the territory
2-20 contained within the following described areas:
2-21 Beginning at the most southerly point of the incorporated boundary
2-22 of the City of El Paso, Texas, said point also being common to the
2-23 United States Mexico boundary;
2-24 Thence, Northerly following along the existing city limits boundary
2-25 a distance of 6.0 miles (approximately) to the North right-of-way
3-1 line of U.S. Interstate 10;
3-2 Thence, Easterly following along the North right-of-way line of
3-3 U.S. Interstate 10 a distance of .85 miles (approximately) to a
3-4 point;
3-5 Thence, Northerly along the boundary of the Horizon Water District
3-6 a distance of 1.2 miles (approximately) to a point on the common
3-7 corner of W. J. Rand Survey 315 1/2 and C.D. Stewart Survey 317,
3-8 318 and 319;
3-9 Thence, West following along the boundary of the Horizon Water
3-10 District along the common line of W.J. Rand Survey 315 1/2 and C.D.
3-11 Stewart Survey 317 a distance of 1.0 mile to the common corner of
3-12 O.A. Danielson Surveys 315 and 316, W.J. Rand Survey 315 1/2 and
3-13 C.D. Stewart Survey 317;
3-14 Thence, North following along the boundary of the Horizon Water
3-15 District along the common line of W.J. Rand Survey 315 1/2 and O.A.
3-16 Danielson Survey 315 a distance of 1.0 mile to the common corner of
3-17 O.A. Danielson Survey 312 and 315, W.J. Rand Survey 315 1/2 and
3-18 Block 79, TSP 3, Section 17 of the T & P R.R. Surveys;
3-19 Thence, East following along the boundary of the Horizon Water
3-20 District along the common line of W.J. Rand Survey 315 1/2 and
3-21 Block 79, TSP 3, Section 17 of the T & P R.R. Surveys a distance of
3-22 1.0 mile to the common corner of Sections 17 and 18, Block 79, TSP
3-23 3 of the T & P R.R. Surveys, W.J. Rand Survey 315 1/2 and C.D.
3-24 Stewart Survey 319;
3-25 Thence, North following along the boundary of the Horizon Water
4-1 District along the common line of Sections 17 and 18, Block 79, TSP
4-2 3 of the T & P R.R. Surveys a distance of 1.0 miles to the common
4-3 corner of Sections 15, 16, 17 and 18, Block 79, TSP 3 of the T & P
4-4 R.R. Surveys;
4-5 Thence, East following along the boundary of the Horizon Water
4-6 District along the common line of Sections 15 and 18, Block 79, TSP
4-7 3 of the T & P R.R. Surveys a distance of 1.0 mile to the common
4-8 corner of Sections 14, 15, 18 and 19, Block 79, TSP 3 of the T & P
4-9 R.R. Surveys;
4-10 Thence, South following along the boundary of the Horizon Water
4-11 District along the common line of Sections 18 and 19, Block 79, TSP
4-12 3 of the T & P R.R. Surveys a distance of 1.0 mile to the common
4-13 corner of Sections 18, 19 an 22 of the T & P R.R. Surveys and C.D.
4-14 Stewart Survey 319;
4-15 Thence, East following along the boundary of the Horizon Water
4-16 District along the common line of Sections 19 and 22, 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 19, 20, 21 and 22, 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 of 21 and 22, Block 79,
4-22 TSP 3 of the T & P R.R. Surveys a distance of .5 mile to a point;
4-23 Thence, West following along the boundary of the Horizon Water
4-24 District a distance of .5 mile (approximately) to a point;
4-25 Thence, South following along the boundary of the Horizon Water
5-1 District a distance of .5 mile (approximately) to the common line
5-2 of Section 22, Block 79, TSP 3 of the T & P R.R. Surveys and C.D.
5-3 Stewart Survey 320;
5-4 Thence, East following along the boundary of the Horizon Water
5-5 District and the common line of Section 22, Block 79, TSP 3 of the
5-6 T & P R.R. Surveys and C.D. Stewart Survey 320 a distance of .5
5-7 mile (approximately) to the common corner of Sections 21 and 22,
5-8 Block 79, TSP 3 of the T & P R.R. Surveys, C.D. Stewart 320 and
5-9 W.J. Rand Survey 325;
5-10 Thence, South following along the boundary of the Horizon Water
5-11 District and the common line of C.D. Stewart Survey 320 and W.J.
5-12 Rand Survey 325 a distance of 1.0 mile to the common corner of C.D.
5-13 Stewart Surveys 320, 321, 322 and W.J. Rand Survey 325;
5-14 Thence, West following along the boundary of the Horizon Water
5-15 District and also being the common line of C.D. Stewart Surveys 320
5-16 and 322 a distance of 1.0 mile to the common corner of C.D. Stewart
5-17 Surveys 318, 320, 322 and 323;
5-18 Thence, South following the boundary of the Horizon Water District
5-19 and also being the common line of C.D. Stewart Surveys 322 and 323
5-20 a distance of 1.0 mile to the common corner of C.D. Stewart Surveys
5-21 322, 323 and Leigh Clark Surveys 292 and 293;
5-22 Thence, East following the boundary of the Horizon Water District
5-23 and also being the common line of C.D. Stewart Survey 322 and Leigh
5-24 Clark Survey 292 a distance of 1.0 mile to the common corner of
5-25 C.D. Stewart Surveys 321, 322 and Leigh Clark Survey 291 and 292;
6-1 Thence, South following the boundary of the Horizon Water District
6-2 and also being the common line of Leigh Clark Surveys 291 and 292 a
6-3 distance of 1.0 mile to the common corner of Leigh Clark Surveys
6-4 291, 292, 295 and 296;
6-5 Thence, West following the boundary of the Horizon Water District
6-6 and also being the common line of Leigh Clark Surveys 292 and 295 a
6-7 distance of 1.0 mile to the common corner of Leigh Clark Surveys
6-8 292, 293, 294 and 295;
6-9 Thence, South following the boundary of the Horizon Water District
6-10 and also being the common line of Leigh Clark Surveys 294 and 295 a
6-11 distance of 1.0 mile to the common corner of Leigh Clark Surveys
6-12 294 and 295;
6-13 Thence, East following the boundary of the Horizon Water District
6-14 and being the common section lines of several surveys a distance of
6-15 6.0 miles to the common corner of Sections 2, 3, 8 and 9, Block 78,
6-16 TSP 4 of the T & P R.R. Surveys;
6-17 Thence, North following the boundary of the Horizon Water District
6-18 and being the common line of Sections 2 and 3, Block 78, TSP 4 of
6-19 the T & P R.R. Surveys a distance of 1.0 mile to the common corner
6-20 of Sections 46 and 47, Block 78, TSP 3 and Sections 2 and 3, Block
6-21 78, TSP 4 of the T & P R.R. Surveys;
6-22 Thence, East following the boundary of the Horizon Water District
6-23 and being the common section lines of several surveys a distance of
6-24 6.0 miles to the common corner of Sections 46 and 47, Block 77, TSP
6-25 3 and Sections 2 and 3, Block 77, TSP 4 of the T & P R.R. Surveys;
7-1 Thence, South following along the boundary of the Horizon Water
7-2 District and being the common line of Sections 2 and 3, Block 77,
7-3 TSP 4 of the T & P RR Surveys, a distance of one mile to the common
7-4 corner of Sections 2, 3, 10 and 11, Block 77, TSP 4 of the T & P RR
7-5 Surveys;
7-6 Thence, East following along the boundary of the Horizon Water
7-7 District and being the common line of Sections 2 and 11, Block 77,
7-8 TSP 4 of the T & P R.R. Surveys a distance of 1.0 mile to the
7-9 common corners of Sections 1, 2, 11 and 12, Block 77, TSP 4 of the
7-10 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 11 and 12, Block 77,
7-13 TSP 4 of the T & P R.R. Surveys a distance of 1.0 mile to the
7-14 common corners of Sections 11, 12, 13 and 14, Block 77, TSP 4 of
7-15 the T & P R.R. Surveys;
7-16 Thence, East following along the boundary of the Horizon Water
7-17 District and being the common line of Sections 12 and 13, Block 77,
7-18 TSP 4 of the T & P R.R. Surveys a distance of 1.0 mile to the
7-19 common line of El Paso County and Hudspeth County;
7-20 Thence along said county line, South 11 miles to a point, said
7-22 corner of Survey No. 349;
7-23 Thence continuing along the Hudspeth-El Paso County line, East 2.0
7-25 348;
8-1 Thence continuing along the Hudspeth-El Paso County line, South 4.0
8-2 miles to a point;
8-3 Thence continuing along the Hudspeth-El Paso County line, East 0.25
8-4 miles to the most easterly corner of Survey No. 362;
8-5 Thence continuing along the Hudspeth-El Paso County line, South 45
8-6 06' West, 3.2 miles to a point on the United States-Mexico
8-7 international boundary and as defined by the rectified Rio Grande
8-8 river channel;
8-9 Thence following along said international boundary line in a
8-10 northwesterly direction, 28 miles (approximately) to the point of
8-11 beginning of this description. Save and except the existing areas
8-12 encompassed by the following entities; 1) [City of Clint, Texas,
8-13 2)] El Paso County Water Authority (Horizon), 2) [3)] Fabens Water
8-14 Control and Water Improvement District No. 4, 3) [4)] Haciendas Del
8-15 Norte Water Improvement District, 4) [5)] San Elizario Municipal
8-16 Utility District, 5) [6)] Cuadrilla Water Improvement Corporation,
8-17 and 6) [7)] the area serviced by the Tornillo Water Supply
8-18 Corporation, more specifically described as follows:
8-19 Beginning at the intersection of the northwesterly line of
8-20 Section 12, Blk L. (University Lands and the southerly R.O.W. line
8-21 of Interstate I-10,
8-22 Thence along said R.O.W. as follows:
8-23 S 57 19' 42" E 441.77 ft
8-24 Thence S 49 51' 53" E 2948.41 ft
8-25 Thence S 42 24' 05" E 902.93 ft
9-1 Thence S 47 35' 55" W 50.00 ft
9-2 Thence S 42 24' 05" E 1006.67 ft
9-3 Thence S 02 43' 47" E 339.67 ft
9-4 Thence S 17 35' 35" W 450.37 ft
9-5 Thence S 37 42' 40" W 270.87 ft
9-6 Thence S 42 24' 05" E 130.00 ft
9-7 Thence N 57 29' 10" E 270.87 ft
9-8 Thence N 77 35' 55" E 450.37 ft
9-9 Thence S 82 04' 23" E 339.67 ft
9-10 Thence S 42 24' 05" E 995.67 ft
9-11 Thence N 47 35' 55" E 50.00 ft
9-12 Thence S 42 24' 05" E 4599.41 ft
9-13 Thence S 47 35' 55" E 100.00 ft
9-14 Thence S 42 24' 05" E 5588.73 ft
9-15 Thence S 56 49' 28" E 4869.65 ft
9-16 Thence S 45 02' 52" W 51.09 ft
9-17 Thence S 56 49' 28" E 5195.17 ft
9-18 Thence N 33 10' 32" E 50.00 ft
9-19 Thence S 56 49' 28" E 7298.60 ft
9-20 Thence S 33 10' 32" W 50.00 ft
9-21 Thence S 56 49' 28" E 1305.61 ft to point of intersection of
9-22 said southerly R.O.W. of I-10 and the east line of William C.
9-23 Stanley Survey #51, said line being the common line El Paso and
9-24 Hudspeth Counties;
9-25 Thence S 45 00' 00" W 6442.98 to EAST corner Tr 4B, Bk 10,
10-1 Lower Valley Survey
10-2 Thence S 44 54' W 1774.39 ft to South corner TR 3B, Bk 10,
10-3 Lower Valley Survey
10-4 Thence S 45 01' 51" W 507 ft along the common county line El
10-5 Paso-Hudspeth counties to a point on the easterly R.O.W. of the Rio
10-6 Grande Restification Project El Paso-Juarez Valley and said being
10-7 213.25 ft east of the said base line;
10-8 Thence N 48 59' 11" W 1110.90 ft along R.O.W. to sta 72 +
10-9 384.76 (Mrts)
10-10 Thence N 48 59' 11" W 1205.05 ft to P.T. sta. 72 + 017.46
10-11 (mtrs)
10-12 Thence 1378.88 ft around arc of curve to left-R=2191.46 ft
10-13 delta=36 03' 03"
10-14 Thence N 85 02' 14" W 609.68 ft
10-15 Thence N 04 42' 24" E 808.43 ft
10-16 Thence N 02 04' 41" W 172.08 ft
10-17 Thence N 17 13' 47" W 202.26 ft
10-18 Thence N 33 05' 54" W 208.00 ft
10-19 Thence N 51 47' 09" W 169.32 ft
10-20 Thence S 77 34' W 44.30 ft
10-21 Thence S 75 09' W 152.16 ft
10-22 Thence S 51 11" W 15.21 ft
10-23 Thence S 57 59" E 114.50 ft
10-24 Thence S 51 47' E 154.0 ft
10-25 Thence S 33 06' E 160.1 ft
11-1 Thence S 17 13' E 159.4 ft
11-2 Thence S 02 05' E 141.80 ft
11-3 Thence S 04 42' W 684.10 ft
11-4 Thence S 67 58' W 114.50 ft
11-5 Thence N 85 02' 14" W 1070.10 ft on line 406.52' E of Base
11-6 line
11-7 Thence N 48 23' E 209.09 ft
11-8 Thence N 85 02' 14" W 1167.88 ft on line 510.00' E of Base
11-9 line
11-10 Thence S 32 12' 46" W 357.84 ft
11-11 Thence N 85 02' 14" W 5561.00 ft on line 191.86' E of Base
11-12 line
11-13 Thence N 26 41' E 30.0 ft to point being 221.85' E from Base
11-14 line
11-15 Thence N 85 02' 14" W 4678.7 ft
11-16 Thence S 04 51' W 30 ft to point being 191.86' E from Base
11-17 line
11-18 Thence N 85 02' 14" W 4271.64 ft
11-19 Thence N 16 30" W 30.0 ft to point 221.85' E from Base line
11-20 Thence N 85 02' 14" W 3449.27 ft
11-21 Thence S 45 07' W 97.08 ft to point being 147.64' E of Base
11-22 line
11-23 Thence N 85 02' 14" W 549.2 ft to P.T. Curve Station 64 +
11-24 894.92(mtrs)
12-1 30" R=3513.51 ft to P.C. station 64 + 060.19 (mtrs)
12-2 Thence N 42 10' 44" W. 3763.77 ft
12-3 Thence S 47 49' 16" W. 42.65 ft to point 104.99' E of Base
12-4 line
12-5 Thence N 42 10' 44" W. 1653.54 ft
12-6 Thence N 47 49' 16" E 26.25 ft to point 131.33' E of Base
12-7 line
12-8 Thence N 42 10' 44" W 2814.95 ft
12-9 Thence S 47 49' 16" W 3.28 ft to point 127.96' E of Base line
12-10 Thence N 42 10' 44" W 1013.78 ft
12-11 Thence S 47 49' 16" W 22.97 ft to point 104.99' E of Base
12-12 line
12-13 Thence N 42 10' 44" W 78.74 to P.T. station 61 + 223.70
12-14 (mtrs)
12-15 Thence 1399.72 ft around arc of curve to left; delta=18 2'
12-16 10", R=4405.82 ft to P.C.P.J. Sta=807.23 (mtrs)
12-17 Thence 867.16 ft around arc of compound cuver to the left
12-18 delta=9 38' 10" R=5156.09 ft to point on curve
12-19 Thence N 74 36' 39" E, 226.38 ft
12-20 Thence N 81 23' 21" W, 1629 ft
12-21 Thence N 89 09' 02" W 2646.19 ft to intersection with the
12-22 East line of Fabens Wastewater channel;
12-23 Thence along easterly line of said Fabens Wastewater channel
12-24 to its intersection with the common line of Surveys 167 and 168 of
12-25 the San Elizario Grant, Block 47
13-1 Thence N 43 12' E 3167.8 ft to centerline of road and to the
13-2 most easterly corner of said Survey 167
13-3 Thence N 46 48' W 55.55 ft along centerline road to the
13-4 southwest corner of Survey 142
13-5 Thence N 43 00' E 1445.0' along common line Surveys 141 142
13-6 to foothills
13-7 Thence S 50 42' E 314.11 ft
13-8 Thence S 61 52' E 277.11 ft
13-9 Thence S 45 32' E 155.56 ft
13-10 Thence N 43 00' E 139.44 ft
13-11 Thence S 55 40' E 557.78 ft
13-12 Thence S 86 05' E 302.50 ft
13-13 Thence S 81 57' E 361.94 ft
13-14 Thence S 43 12' W 425.83 ft
13-15 Thence S 46 09' E 631.39 ft
13-16 Thence S 75 58' E 267.83 ft
13-17 Thence N 83 04' E 398.50 ft
13-18 Thence S 48 14' E 463.86 ft
13-19 Thence S 24 13' E 470.08 ft
13-20 Thence S 17 58' E 210.28 ft
13-21 Thence S 38 52' W 200.00 ft
13-22 Thence S 57 37' W 549.89 ft
13-23 Thence S 74 37" W 200.00ft
13-24 Thence S 80 57' W 155.19 ft
13-25 Thence N 86 48' W 100.11 ft
14-1 Thence S 80 32' W 140.17 ft
14-2 Thence N 06 28' W 83.11 ft
14-3 Thence S 30 03' E 100.11 ft
14-4 Thence S 00 12' W 157.22 ft
14-5 Thence S 44 28' E 400.50 ft
14-6 Thence S 55 33' E 300.36 ft
14-7 Thence S 69 48' E 200.28 ft
14-8 Thence S 75 08' E 1101.36 ft
14-9 Thence S 16 16' E 344.44 ft
14-10 Thence S 61 31' E 600.83 ft
14-11 Thence S 48 42' E 623.89 ft
14-12 Thence S 89 19' E 1128.05 ft
14-13 Thence S 49 46' E 307.88 ft
14-14 Thence S 84 32' E 178.83 ft
14-15 Thence S 32 26' E 277.22 ft
14-16 Thence S 11 08' E 145.17 ft
14-17 Thence S 27 25' W 96.81 ft
14-18 Thence S 38 33' W 379.39 ft
14-19 Thence S 35 58' W 390.47 ft
14-20 Thence S 28 58' W 206.67 ft
14-21 Thence S 31 07' E 236.67 ft
14-22 Thence S 02 13' E 317.08 ft
14-23 Thence N 45 20' E 1700.55 ft
14-24 Thence S 44 40' E 1912.63' to common corner Survey 292-427
14-25 Section 9
15-1 Thence N 52 30' E 1337.50' to common corner M.R. Hemley
15-2 Survey 427 Sections 9-10-11
15-3 Thence N 52 30' E 1337.50 ft to common corner 9-10-11
15-4 (sections)
15-5 Thence N 52 30' E 5277.76 ft to common corner sections
15-6 10-11-12-17
15-7 Thence N 52 30' E 4564.42 to southerly R.O.W. 1-10 & the
15-8 P.O.B.; and
15-9 A parcel of land containing [continuing] 5 square miles in the
15-10 county of El Paso, Texas and being more particularly described as
15-11 follows:
15-12 Sections 16 and 18 in Block 78, Township 2, T & P RR Survey, El
15-13 Paso County, Texas
15-14 Section 48, Block 79, Township 2, T & P RR Survey, El Paso County,
15-15 Texas
15-16 Section 2 and 10, Block 79, Township 3, T & P RR Survey, El Paso
15-17 County, Texas.
15-18 SECTION 4. FINDING RELATING TO BOUNDARY DESCRIPTION. The
15-19 legislature finds that the territory of the district, as described
15-20 by Subsection (a), Section 2, Chapter 780, Acts of the 69th
15-21 Legislature, Regular Session, 1985, as amended by this Act, forms a
15-22 closure. If a mistake is made in copying the field notes during
15-23 the legislative process or if a mistake exists in the field notes,
15-24 the mistake does not affect:
15-25 (1) the organization, operation, existence, or
16-1 validity of the district;
16-2 (2) the district's right to issue bonds, including
16-3 refunding bonds, or to pay the principal and interest on bonds; or
16-4 (3) the district's right to assess, levy, and collect
16-5 taxes.
16-6 SECTION 5. FINDINGS RELATING TO BENEFIT. The legislature
16-7 finds that:
16-8 (1) the territory of the district, as described by
16-9 Subsection (a), Section 2, Chapter 780, Acts of the 69th
16-10 Legislature, Regular Session, 1985, as amended by this Act, and the
16-11 property located within that territory, is benefited by the works
16-12 and projects of the district; and
16-13 (2) the district serves a public use and benefit.
16-14 SECTION 6. CONDITIONS FOR TERRITORY CHANGE AND EXTENSION OF
16-15 SERVICES. (a) The board shall request the commission to enter an
16-16 order adding the territory of the town to the district if:
16-17 (1) the governing body of the town, by resolution or
16-18 ordinance, consents to adding the territory of the town to the
16-19 district;
16-20 (2) the town holds an election in the same manner as
16-21 provided for bond elections under Section 49.106, Water Code, for
16-22 the qualified voters residing within the town to decide whether to
16-23 assume the outstanding bonds, including voted but unissued bonds,
16-24 notes, taxes, or other obligations of the district;
16-25 (3) a majority of the qualified voters participating
17-1 in an election held under Subdivision (2) of this subsection vote
17-2 in favor of assuming the outstanding bonds, including voted but
17-3 unissued bonds, notes, taxes, or other obligations of the district;
17-4 (4) the district completes construction of facilities
17-5 necessary to provide adequate water capacity and pressure to serve
17-6 the town;
17-7 (5) the district purchases the transmission line and
17-8 any interest in the water service and distribution facilities owned
17-9 by the school district within the town; and
17-10 (6) the school district arranges for the termination
17-11 of all water supply and other contracts between the school district
17-12 and the City of El Paso's Water Utilities Public Service Board to
17-13 be effective the date on which the commission issues an order under
17-14 Section 7 of this Act.
17-15 (b) Before the district makes the purchase described by
17-16 Subdivision (6) of Subsection (a) of this section, the district may
17-17 require that a majority of the qualified voters voting in an
17-18 election held under Subdivision (2) of Subsection (a) of this
17-19 section vote in favor of assuming the outstanding bonds, including
17-20 voted but unissued bonds, notes, taxes, or other obligations of the
17-21 district.
17-22 (c) The district may enter into a wholesale water supply
17-23 contract with the City of El Paso's Water Utilities Public Service
17-24 Board for purposes of providing water service within the territory
17-25 of the town added to the district.
18-1 SECTION 7. TERRITORY CHANGE ORDER; FILING REQUIREMENT.
18-2 (a) On receipt of a request under Section 6 of this Act, the
18-3 commission shall enter an order adding the territory of the town to
18-4 the district if the commission determines that the conditions of
18-5 Section 6 of this Act are satisfied.
18-6 (b) The commission shall file a certified copy of an order
18-7 issued under Subsection (a) of this section with the secretary of
18-8 state and in the deed records of El Paso County.
18-9 SECTION 8. EFFECTIVE DATE OF TERRITORY CHANGE. The
18-10 territory change of the district as described by Section 7 of this
18-11 Act becomes effective on the date the commission files certified
18-12 copies of the territory change order as required by Subsection (b)
18-13 of Section 7 of this Act.
18-14 SECTION 9. CONTESTED CASE EXCEPTION. An order issued under
18-15 Subsection (a) of Section 7 of this Act is not a contested case for
18-16 purposes of Chapter 2001, Government Code.
18-17 SECTION 10. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
18-18 (a) The proper and legal notice of the intention to introduce this
18-19 Act, setting forth the general substance of this Act, has been
18-20 published as provided by law, and the notice and a copy of this Act
18-21 have been furnished to all persons, agencies, officials, or
18-22 entities to which they are required to be furnished by the
18-23 constitution and other laws of this state, including the governor,
18-24 who has submitted the notice and Act to the Texas Natural Resource
18-25 Conservation Commission.
19-1 (b) The Texas Natural Resource Conservation Commission has
19-2 filed its recommendations relating to this Act with the governor,
19-3 lieutenant governor, and speaker of the house of representatives
19-4 within the required time.
19-5 (c) All requirements of the constitution and laws of this
19-6 state and the rules and procedures of the legislature with respect
19-7 to the notice, introduction, and passage of this Act are fulfilled
19-8 and accomplished.
19-9 SECTION 11. NONAPPLICABILITY OF CERTAIN PROVISIONS. The
19-10 district is not subject to Section 42.042, Local Government Code,
19-11 and Section 54.016, Water Code, in adding territory in the town to
19-12 the district in accordance with this Act.
19-13 SECTION 12. RULES OF CONSTRUCTION. (a) A finding that a
19-14 provision of this Act is invalid does not affect the validity of
19-15 the remaining provisions of this Act.
19-16 (b) This Act shall be given a liberal and broad construction
19-17 to carry out the expressed purposes of this Act.
19-18 SECTION 13. EFFECTIVE DATE OF SECTION 3. The change in law
19-19 made by Section 3 of this Act takes effect on the date on which the
19-20 Texas Natural Resource Conservation Commission completes filing
19-21 copies of the territory change order with the secretary of state
19-22 and in the deed records of El Paso County as required by Subsection
19-23 (b) of Section 7 of this Act.
19-24 SECTION 14. EMERGENCY. The importance of this legislation
19-25 and the crowded condition of the calendars in both houses create an
20-1 emergency and an imperative public necessity that the
20-2 constitutional rule requiring bills to be read on three several
20-3 days in each house be suspended, and this rule is hereby suspended,
20-4 and that this Act take effect and be in force from and after its
20-5 passage, and it is so enacted.