By:  Shapleigh                                        S.B. No. 1830

         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 Town of Clint by the Lower Valley

 1-2     Water District in El Paso County, and declaring an emergency.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  The legislature finds that:

 1-5                 (1)  the Town of Clint in El Paso County does not own

 1-6     or operate a municipal water or wastewater system;

 1-7                 (2)  within the boundaries of the Town of Clint the

 1-8     only water distribution system is operated by the Clint Independent

 1-9     School District, and although this distribution system serves some

1-10     of the residents of the Town of Clint, it does not serve all the

1-11     residents of the Town of Clint;

1-12                 (3)  the Trustees of the Clint Independent School

1-13     District have expressed the desire to dispose of the transmission

1-14     line known as the Clint Line which it owns and to dispose of the

1-15     water distribution system which the school district operates by

1-16     selling the Clint Line and whatever interest it has in the

1-17     distribution system within the Town of Clint to the Lower Valley

1-18     Water District hereinafter called "district";

1-19                 (4)  the district completely surrounds the Town of

1-20     Clint but the Town of Clint is not currently within the boundaries

1-21     of the district;

 2-1                 (5)  the district is constructing a major water

 2-2     distribution project and a wastewater collection project to serve

 2-3     areas in and around the Town of Clint which, if extended, could

 2-4     conveniently serve the residents of the Town of Clint;

 2-5                 (6)  the Town Council of the Town of Clint has passed a

 2-6     resolution expressing a desire that the district annex the Town of

 2-7     Clint so that the district's water and wastewater system might be

 2-8     extended to serve the residents of the Town of Clint;

 2-9                 (7)  due to the unique circumstances, the provisions of

2-10     Section 54.016, Water Code, and Section 42.042, Local Government

2-11     Code, should not apply to the annexation of the Town of Clint by

2-12     the district.

2-13           SECTION 2.  There is hereby added to, and there shall hereby

2-14     become a part of the district, the following described land:  That

2-15     territory within the corporate limits of the Town of Clint, which

2-16     is a tract of land located in the San Elizario Grant, El Paso

2-17     County, Texas more particularly described as follows:

2-18           Beginning at the Western most corner of Tract 17B, Block 22,

2-19     San Elizario Grant;

2-20           Thence in a Northerly direction along the Northerly line of

2-21     said Tract 17B, to the West side of the Mesa Drain;

2-22           Thence in a Northerly direction along the West side of the

2-23     Mesa Drain to the South right-of-way line of North Loop Road;

2-24           Thence in a Southeasterly direction along the South

2-25     right-of-way line of North Loop Road to its intersection with the

 3-1     North right-of-way line of Celum Road;

 3-2           Thence in a Southwesterly direction along the North

 3-3     right-of-way line of Celum Road to its intersection with the West

 3-4     side of the Clint Lateral;

 3-5           Thence along the West side of the Clint Lateral in a

 3-6     Southerly direction to the North property line of Tract 4G, Block

 3-7     11;

 3-8           Thence along Tract 4G in a Westerly direction to the

 3-9     intersection of the West right-of-way line of Herring Road and an

3-10     extension of said Tract 4G;

3-11           Thence along the West right-of-way line of Herring Road in a

3-12     Southwesterly direction to its intersection with the East line of

3-13     the Middle Drain;

3-14           Thence along said East line of the Middle Drain to the

3-15     intersection of its extension with the North right-of-way line of

3-16     the Clint-San Elizario Road;

3-17           Thence along said Clint-San Elizario Road to the Southern

3-18     most corner of Tract 2D6, Block 19, San Elizario Grant;

3-19           Thence Northerly along said Tract 2D6 and 2D and 2D10 to a

3-20     point where 2D10 intersects Tract 5C;

3-21           Thence in a Westerly direction along the North line of Tract

3-22     3, Block 19 of the San Elizario Grant to a point where Tract 3,

3-23     Block 19, San Elizario Grant meets the East right-of-way line of

3-24     the Rodriquena Lateral;

3-25           Thence along the East right-of-way line of the meanders of

 4-1     the Rodriquena Lateral in a Northerly direction to its intersection

 4-2     with a corner of Tracts 7 & 8A, Block 19, San Elizario Grant;

 4-3           Thence Easterly, Northerly and Westerly along a common

 4-4     boundary line between Tracts 7 & 8A, Block 19, San Elizario Grant

 4-5     to its intersection with the East right-of-way line of the

 4-6     Rodriquena Lateral;

 4-7           Thence along said East right-of-way of Rodriquena Lateral in

 4-8     a Northerly direction to the South right-of-way line of Rosa Road;

 4-9           Thence along the South right-of-way line of Rosa Road to the

4-10     West right-of-way line of the Clint Lateral;

4-11           Thence along the meanders of the West right-of-way line of

4-12     the Clint Lateral to the Northerly most line of Tract 18B, Block

4-13     22, San Elizario Grant;

4-14           Thence along the Northerly most line of Tract 18B, Block 22,

4-15     San Elizario Grant to the Salatral Lateral;

4-16           Thence along the East right-of-way line of said Salatral

4-17     Lateral to the point of beginning.

4-18           SECTION 3.  It is expressly determined, and the Legislature

4-19     hereby finds, that the boundaries of said district as redefined in

4-20     Section 2 hereof form a closure, and if any mistake is made in

4-21     copying the field notes in the legislative process, or otherwise a

4-22     mistake is found to have occurred in the field notes, it shall in

4-23     no way or manner affect the organization, existence or validity of

4-24     said district as enlarged and redefined, or the district's right to

4-25     issue bonds or refunding bonds, or to pay the principal and

 5-1     interest thereon, or the right to assess, levy and collect taxes,

 5-2     or in any other manner affect the legality or operation of the

 5-3     district or its governing body.

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

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

 5-6     of the land and other property included within the area and

 5-7     boundaries of the district as herein enlarged will be benefitted by

 5-8     the works and projects which are to be accomplished by the district

 5-9     pursuant to the powers conferred by the provisions of Article XVI,

5-10     Section 59, of the Constitution of Texas, and that said district

5-11     was and is created and enlarged as herein provided, to serve a

5-12     public use and benefit.

5-13           SECTION 5.  The annexation of the Town of Clint by the

5-14     district shall not be effective and final unless and until all the

5-15     following contingencies are met:

5-16           (a)  The governing body of the Town of Clint must give its

5-17     consent to the annexation by ordinance or resolution.

5-18           (b)  The Town of Clint must order an election to be held

5-19     within the Town of Clint on the question of the assumption by the

5-20     voters residing within the Town of Clint of the district's

5-21     outstanding bonds, notes, taxes, or other obligations and voted but

5-22     unissued bonds, and the said election must result favorably to the

5-23     assumption of the district's outstanding bonds, notes, or other

5-24     obligations and voted but unissued bonds.  The election shall be

5-25     held and notice given as provided for bond elections held by the

 6-1     district.

 6-2           (c)  The district must purchase the Clint water transmission

 6-3     line owned by the Clint Independent School District and whatever

 6-4     interest the Clint Independent School District owns in the water

 6-5     service and distribution facilities within the limits of the Town

 6-6     of Clint.  However, at the option of the district, the purchase and

 6-7     conveyance of the said water service facilities may be contingent

 6-8     on the favorable outcome of the indebtedness, tax or bond, note, or

 6-9     other obligation assumption election, and contingent upon the

6-10     distribution system meeting Texas Natural Resource Conservation

6-11     Commission standards.

6-12           (d)  Any existing water supply contract and other contractual

6-13     arrangements between the Clint Independent School District and the

6-14     City of El Paso's Water Utilities Public Service Board must be

6-15     terminated as of the effective date of this annexation and, if

6-16     necessary, replaced with an appropriate wholesale water supply

6-17     contractual agreement between the district and the City of El

6-18     Paso's Water Utilities Public Service Board to provide for water to

6-19     be provided to the annexed areas by the district.

6-20           (e)  The district must have completed the construction of the

6-21     necessary facilities and have an adequate water capacity and

6-22     pressures to provide the annexed territory with service in

6-23     accordance with the regulatory requirements of the Texas Natural

6-24     Resource Conservation Commission.

6-25           (f)  After the contingencies set forth in Subsections (a)

 7-1     through (e) have been satisfied, the board of directors of the

 7-2     district shall notify the executive director of the Texas Natural

 7-3     Resource Conservation Commission to that effect and request that an

 7-4     order of annexation be issued.  After investigation, and upon

 7-5     determining that all the foregoing contingencies have been

 7-6     satisfied, the executive director of the commission shall issue an

 7-7     order to this effect and finding that the annexation is effective.

 7-8     The executive director of the commission shall file with the

 7-9     secretary of state and in the deed records of El Paso County a

7-10     certified copy of the order issued under this section, and the

7-11     annexation will be effective as of the date of the filing of this

7-12     order.  The consideration and adoption of an order under this

7-13     section is not a contested case under Chapter 2001, Government

7-14     Code.

7-15           SECTION 6.  If the indebtedness, tax or bond, note, or other

7-16     obligation assumption election results favorably, the district

7-17     shall be authorized to issue its voted but unissued tax bonds even

7-18     though the boundaries of the district have been changed since the

7-19     original election approving the bonds.

7-20           SECTION 7.  (a)  The proper and legal notice of the intention

7-21     to introduce this Act, setting forth the general substance of the

7-22     Act, has been published as provided by law, and the notice and a

7-23     copy of this Act have been furnished to all persons, agencies,

7-24     officials, or entities to which they are required to be furnished

7-25     by the constitution and other laws of this state, including the

 8-1     governor, who has submitted the notice and Act to the Texas Natural

 8-2     Resource Conservation Commission.

 8-3           (b)  The Texas Natural Resource Conservation Commission has

 8-4     filed its recommendations relating to this Act with the governor,

 8-5     lieutenant governor, and speaker of the house of representatives

 8-6     within the required time.

 8-7           (c)  All requirements of the constitution and laws of this

 8-8     state and the rules and procedures of the legislature with respect

 8-9     to the notice, introduction, and passage of this Act are fulfilled

8-10     and accomplished.

8-11           SECTION 8.  The land described in Section 2 hereof is hereby

8-12     added to the district notwithstanding any of the provisions of

8-13     Section 42.042, Local Government Code, Section 54.016, Water Code,

8-14     or any other provision of law, and said provisions shall have no

8-15     application.

8-16           SECTION 9.  If any provision of this Act shall, for any

8-17     reason, be held invalid, such holding shall not affect the

8-18     remaining portion of this Act, and this Act shall be given a

8-19     liberal and broad construction in order that the expressed

8-20     objectives of the Act may be carried out.

8-21           SECTION 10.  The importance of this legislation and the

8-22     crowded condition of the calendars in both houses create an

8-23     emergency and an imperative public necessity that the

8-24     constitutional rule requiring bills to be read on three several

8-25     days in each house be suspended, and this rule is hereby suspended.