1-1 By: Shapleigh S.B. No. 1830
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. 1830 By: Shapiro
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the inclusion of the territory of the Town of Clint in
1-11 the Lower Valley Water District.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. DEFINITIONS. In this Act:
1-14 (1) "Board" means the board of directors of the Lower
1-15 Valley Water District.
1-16 (2) "Commission" means the Texas Natural Resource
1-17 Conservation Commission.
1-18 (3) "District" means the Lower Valley Water District.
1-19 (4) "School district" means the Clint Independent
1-20 School District.
1-21 (5) "Town" means the Town of Clint.
1-22 SECTION 2. FINDINGS RELATING TO TERRITORY CHANGE AND
1-23 EXTENSION OF SERVICES. The legislature finds that:
1-24 (1) the town is located in El Paso County and does not
1-25 own or operate a municipal water or wastewater system;
1-26 (2) the school district operates the only water
1-27 distribution system within the boundaries of the town;
1-28 (3) the water distribution system operated by the
1-29 school district within the town does not serve all residents of the
1-30 town;
1-31 (4) the trustees of the school district have expressed
1-32 a desire to sell to the district a transmission line that the
1-33 school district owns and any interest the school district may own
1-34 in the water distribution system operated by the school district
1-35 within the town;
1-36 (5) the territory of the town is surrounded entirely
1-37 by the district but is not within the boundaries of the district;
1-38 (6) the district is constructing a water distribution
1-39 project and a wastewater collection project for purposes of
1-40 providing service to areas in and around the town;
1-41 (7) if the projects described by Subdivision (6) of
1-42 this section are extended, the projects are capable of providing
1-43 services to the residents of the town; and
1-44 (8) the governing body of the town has issued a
1-45 resolution expressing a desire for the district to annex the
1-46 territory of the town for purposes of providing water and
1-47 wastewater services to the residents of the town.
1-48 SECTION 3. AMENDMENT. Subsection (a), Section 2, Chapter
1-49 780, Acts of the 69th Legislature, Regular Session, 1985, is
1-50 amended to read as follows:
1-51 (a) The authority shall include all of the territory
1-52 contained within the following described areas:
1-53 Beginning at the most southerly point of the incorporated boundary
1-54 of the City of El Paso, Texas, said point also being common to the
1-55 United States Mexico boundary;
1-56 Thence, Northerly following along the existing city limits boundary
1-57 a distance of 6.0 miles (approximately) to the North right-of-way
1-58 line of U.S. Interstate 10;
1-59 Thence, Easterly following along the North right-of-way line of
1-60 U.S. Interstate 10 a distance of .85 miles (approximately) to a
1-61 point;
1-62 Thence, Northerly along the boundary of the Horizon Water District
1-63 a distance of 1.2 miles (approximately) to a point on the common
1-64 corner of W. J. Rand Survey 315 1/2 and C.D. Stewart Survey 317,
2-1 318 and 319;
2-2 Thence, West following along the boundary of the Horizon Water
2-3 District along the common line of W.J. Rand Survey 315 1/2 and C.D.
2-4 Stewart Survey 317 a distance of 1.0 mile to the common corner of
2-5 O.A. Danielson Surveys 315 and 316, W.J. Rand Survey 315 1/2 and
2-6 C.D. Stewart Survey 317;
2-7 Thence, North following along the boundary of the Horizon Water
2-8 District along the common line of W.J. Rand Survey 315 1/2 and O.A.
2-9 Danielson Survey 315 a distance of 1.0 mile to the common corner of
2-10 O.A. Danielson Survey 312 and 315, W.J. Rand Survey 315 1/2 and
2-11 Block 79, TSP 3, Section 17 of the T & P R.R. Surveys;
2-12 Thence, East following along the boundary of the Horizon Water
2-13 District along the common line of W.J. Rand Survey 315 1/2 and
2-14 Block 79, TSP 3, Section 17 of the T & P R.R. Surveys a distance of
2-15 1.0 mile to the common corner of Sections 17 and 18, Block 79, TSP
2-16 3 of the T & P R.R. Surveys, W.J. Rand Survey 315 1/2 and C.D.
2-17 Stewart Survey 319;
2-18 Thence, North following along the boundary of the Horizon Water
2-19 District along the common line of Sections 17 and 18, Block 79, TSP
2-20 3 of the T & P R.R. Surveys a distance of 1.0 miles to the common
2-21 corner of Sections 15, 16, 17 and 18, Block 79, TSP 3 of the T & P
2-22 R.R. Surveys;
2-23 Thence, East following along the boundary of the Horizon Water
2-24 District along the common line of Sections 15 and 18, Block 79, TSP
2-25 3 of the T & P R.R. Surveys a distance of 1.0 mile to the common
2-26 corner of Sections 14, 15, 18 and 19, Block 79, TSP 3 of the T & P
2-27 R.R. Surveys;
2-28 Thence, South following along the boundary of the Horizon Water
2-29 District along the common line of Sections 18 and 19, Block 79, TSP
2-30 3 of the T & P R.R. Surveys a distance of 1.0 mile to the common
2-31 corner of Sections 18, 19 an 22 of the T & P R.R. Surveys and C.D.
2-32 Stewart Survey 319;
2-33 Thence, East following along the boundary of the Horizon Water
2-34 District along the common line of Sections 19 and 22, 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 19, 20, 21 and 22, 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 of 21 and 22, Block 79,
2-40 TSP 3 of the T & P R.R. Surveys a distance of .5 mile to a point;
2-41 Thence, West following along the boundary of the Horizon Water
2-42 District a distance of .5 mile (approximately) to a point;
2-43 Thence, South following along the boundary of the Horizon Water
2-44 District a distance of .5 mile (approximately) to the common line
2-45 of Section 22, Block 79, TSP 3 of the T & P R.R. Surveys and C.D.
2-46 Stewart Survey 320;
2-47 Thence, East following along the boundary of the Horizon Water
2-48 District and the common line of Section 22, Block 79, TSP 3 of the
2-49 T & P R.R. Surveys and C.D. Stewart Survey 320 a distance of .5
2-50 mile (approximately) to the common corner of Sections 21 and 22,
2-51 Block 79, TSP 3 of the T & P R.R. Surveys, C.D. Stewart 320 and
2-52 W.J. Rand Survey 325;
2-53 Thence, South following along the boundary of the Horizon Water
2-54 District and the common line of C.D. Stewart Survey 320 and W.J.
2-55 Rand Survey 325 a distance of 1.0 mile to the common corner of C.D.
2-56 Stewart Surveys 320, 321, 322 and W.J. Rand Survey 325;
2-57 Thence, West following along the boundary of the Horizon Water
2-58 District and also being the common line of C.D. Stewart Surveys 320
2-59 and 322 a distance of 1.0 mile to the common corner of C.D. Stewart
2-60 Surveys 318, 320, 322 and 323;
2-61 Thence, South following the boundary of the Horizon Water District
2-62 and also being the common line of C.D. Stewart Surveys 322 and 323
2-63 a distance of 1.0 mile to the common corner of C.D. Stewart Surveys
2-64 322, 323 and Leigh Clark Surveys 292 and 293;
2-65 Thence, East following the boundary of the Horizon Water District
2-66 and also being the common line of C.D. Stewart Survey 322 and Leigh
2-67 Clark Survey 292 a distance of 1.0 mile to the common corner of
2-68 C.D. Stewart Surveys 321, 322 and Leigh Clark Survey 291 and 292;
2-69 Thence, South following the boundary of the Horizon Water District
3-1 and also being the common line of Leigh Clark Surveys 291 and 292 a
3-2 distance of 1.0 mile to the common corner of Leigh Clark Surveys
3-3 291, 292, 295 and 296;
3-4 Thence, West following the boundary of the Horizon Water District
3-5 and also being the common line of Leigh Clark Surveys 292 and 295 a
3-6 distance of 1.0 mile to the common corner of Leigh Clark Surveys
3-7 292, 293, 294 and 295;
3-8 Thence, South following the boundary of the Horizon Water District
3-9 and also being the common line of Leigh Clark Surveys 294 and 295 a
3-10 distance of 1.0 mile to the common corner of Leigh Clark Surveys
3-11 294 and 295;
3-12 Thence, East following the boundary of the Horizon Water District
3-13 and being the common section lines of several surveys a distance of
3-14 6.0 miles to the common corner of Sections 2, 3, 8 and 9, Block 78,
3-15 TSP 4 of the T & P R.R. Surveys;
3-16 Thence, North following the boundary of the Horizon Water District
3-17 and being the common line of Sections 2 and 3, Block 78, TSP 4 of
3-18 the T & P R.R. Surveys a distance of 1.0 mile to the common corner
3-19 of Sections 46 and 47, Block 78, TSP 3 and Sections 2 and 3, Block
3-20 78, TSP 4 of the T & P R.R. Surveys;
3-21 Thence, East following the boundary of the Horizon Water District
3-22 and being the common section lines of several surveys a distance of
3-23 6.0 miles to the common corner of Sections 46 and 47, Block 77, TSP
3-24 3 and Sections 2 and 3, Block 77, TSP 4 of the T & P R.R. Surveys;
3-25 Thence, South following along the boundary of the Horizon Water
3-26 District and being the common line of Sections 2 and 3, Block 77,
3-27 TSP 4 of the T & P RR Surveys, a distance of one mile to the common
3-28 corner of Sections 2, 3, 10 and 11, Block 77, TSP 4 of the T & P RR
3-29 Surveys;
3-30 Thence, East following along the boundary of the Horizon Water
3-31 District and being the common line of Sections 2 and 11, Block 77,
3-32 TSP 4 of the T & P R.R. Surveys a distance of 1.0 mile to the
3-33 common corners of Sections 1, 2, 11 and 12, Block 77, TSP 4 of the
3-34 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 11 and 12, Block 77,
3-37 TSP 4 of the T & P R.R. Surveys a distance of 1.0 mile to the
3-38 common corners of Sections 11, 12, 13 and 14, Block 77, TSP 4 of
3-39 the T & P R.R. Surveys;
3-40 Thence, East following along the boundary of the Horizon Water
3-41 District and being the common line of Sections 12 and 13, Block 77,
3-42 TSP 4 of the T & P R.R. Surveys a distance of 1.0 mile to the
3-43 common line of El Paso County and Hudspeth County;
3-44 Thence along said county line, South 11 miles to a point, said
3-46 corner of Survey No. 349;
3-47 Thence continuing along the Hudspeth-El Paso County line, East 2.0
3-49 348;
3-50 Thence continuing along the Hudspeth-El Paso County line, South 4.0
3-51 miles to a point;
3-52 Thence continuing along the Hudspeth-El Paso County line, East 0.25
3-53 miles to the most easterly corner of Survey No. 362;
3-54 Thence continuing along the Hudspeth-El Paso County line, South 45
3-55 06' West, 3.2 miles to a point on the United States-Mexico
3-56 international boundary and as defined by the rectified Rio Grande
3-57 river channel;
3-58 Thence following along said international boundary line in a
3-59 northwesterly direction, 28 miles (approximately) to the point of
3-60 beginning of this description. Save and except the existing areas
3-61 encompassed by the following entities; 1) [City of Clint, Texas,
3-62 2)] El Paso County Water Authority (Horizon), 2) [3)] Fabens Water
3-63 Control and Water Improvement District No. 4, 3) [4)] Haciendas Del
3-64 Norte Water Improvement District, 4) [5)] San Elizario Municipal
3-65 Utility District, 5) [6)] Cuadrilla Water Improvement Corporation,
3-66 and 6) [7)] the area serviced by the Tornillo Water Supply
3-67 Corporation, more specifically described as follows:
3-68 Beginning at the intersection of the northwesterly line of
3-69 Section 12, Blk L. (University Lands and the southerly R.O.W. line
4-1 of Interstate I-10,
4-2 Thence along said R.O.W. as follows:
4-3 S 57 19' 42" E 441.77 ft
4-4 Thence S 49 51' 53" E 2948.41 ft
4-5 Thence S 42 24' 05" E 902.93 ft
4-6 Thence S 47 35' 55" W 50.00 ft
4-7 Thence S 42 24' 05" E 1006.67 ft
4-8 Thence S 02 43' 47" E 339.67 ft
4-9 Thence S 17 35' 35" W 450.37 ft
4-10 Thence S 37 42' 40" W 270.87 ft
4-11 Thence S 42 24' 05" E 130.00 ft
4-12 Thence N 57 29' 10" E 270.87 ft
4-13 Thence N 77 35' 55" E 450.37 ft
4-14 Thence S 82 04' 23" E 339.67 ft
4-15 Thence S 42 24' 05" E 995.67 ft
4-16 Thence N 47 35' 55" E 50.00 ft
4-17 Thence S 42 24' 05" E 4599.41 ft
4-18 Thence S 47 35' 55" E 100.00 ft
4-19 Thence S 42 24' 05" E 5588.73 ft
4-20 Thence S 56 49' 28" E 4869.65 ft
4-21 Thence S 45 02' 52" W 51.09 ft
4-22 Thence S 56 49' 28" E 5195.17 ft
4-23 Thence N 33 10' 32" E 50.00 ft
4-24 Thence S 56 49' 28" E 7298.60 ft
4-25 Thence S 33 10' 32" W 50.00 ft
4-26 Thence S 56 49' 28" E 1305.61 ft to point of intersection of
4-27 said southerly R.O.W. of I-10 and the east line of William C.
4-28 Stanley Survey #51, said line being the common line El Paso and
4-29 Hudspeth Counties;
4-30 Thence S 45 00' 00" W 6442.98 to EAST corner Tr 4B, Bk 10,
4-31 Lower Valley Survey
4-32 Thence S 44 54' W 1774.39 ft to South corner TR 3B, Bk 10,
4-33 Lower Valley Survey
4-34 Thence S 45 01' 51" W 507 ft along the common county line El
4-35 Paso-Hudspeth counties to a point on the easterly R.O.W. of the Rio
4-36 Grande Restification Project El Paso-Juarez Valley and said being
4-37 213.25 ft east of the said base line;
4-38 Thence N 48 59' 11" W 1110.90 ft along R.O.W. to sta 72 +
4-39 384.76 (Mrts)
4-40 Thence N 48 59' 11" W 1205.05 ft to P.T. sta. 72 + 017.46
4-41 (mtrs)
4-42 Thence 1378.88 ft around arc of curve to left-R=2191.46 ft
4-43 delta=36 03' 03"
4-44 Thence N 85 02' 14" W 609.68 ft
4-45 Thence N 04 42' 24" E 808.43 ft
4-46 Thence N 02 04' 41" W 172.08 ft
4-47 Thence N 17 13' 47" W 202.26 ft
4-48 Thence N 33 05' 54" W 208.00 ft
4-49 Thence N 51 47' 09" W 169.32 ft
4-50 Thence S 77 34' W 44.30 ft
4-51 Thence S 75 09' W 152.16 ft
4-52 Thence S 51 11" W 15.21 ft
4-53 Thence S 57 59" E 114.50 ft
4-54 Thence S 51 47' E 154.0 ft
4-55 Thence S 33 06' E 160.1 ft
4-56 Thence S 17 13' E 159.4 ft
4-57 Thence S 02 05' E 141.80 ft
4-58 Thence S 04 42' W 684.10 ft
4-59 Thence S 67 58' W 114.50 ft
4-60 Thence N 85 02' 14" W 1070.10 ft on line 406.52' E of Base
4-61 line
4-62 Thence N 48 23' E 209.09 ft
4-63 Thence N 85 02' 14" W 1167.88 ft on line 510.00' E of Base
4-64 line
4-65 Thence S 32 12' 46" W 357.84 ft
4-66 Thence N 85 02' 14" W 5561.00 ft on line 191.86' E of Base
4-67 line
4-68 Thence N 26 41' E 30.0 ft to point being 221.85' E from Base
4-69 line
5-1 Thence N 85 02' 14" W 4678.7 ft
5-2 Thence S 04 51' W 30 ft to point being 191.86' E from Base
5-3 line
5-4 Thence N 85 02' 14" W 4271.64 ft
5-5 Thence N 16 30" W 30.0 ft to point 221.85' E from Base line
5-6 Thence N 85 02' 14" W 3449.27 ft
5-7 Thence S 45 07' W 97.08 ft to point being 147.64' E of Base
5-8 line
5-9 Thence N 85 02' 14" W 549.2 ft to P.T. Curve Station 64 +
5-10 894.92(mtrs)
5-12 30" R=3513.51 ft to P.C. station 64 + 060.19 (mtrs)
5-13 Thence N 42 10' 44" W. 3763.77 ft
5-14 Thence S 47 49' 16" W. 42.65 ft to point 104.99' E of Base
5-15 line
5-16 Thence N 42 10' 44" W. 1653.54 ft
5-17 Thence N 47 49' 16" E 26.25 ft to point 131.33' E of Base
5-18 line
5-19 Thence N 42 10' 44" W 2814.95 ft
5-20 Thence S 47 49' 16" W 3.28 ft to point 127.96' E of Base line
5-21 Thence N 42 10' 44" W 1013.78 ft
5-22 Thence S 47 49' 16" W 22.97 ft to point 104.99' E of Base
5-23 line
5-24 Thence N 42 10' 44" W 78.74 to P.T. station 61 + 223.70
5-25 (mtrs)
5-26 Thence 1399.72 ft around arc of curve to left; delta=18 2'
5-27 10", R=4405.82 ft to P.C.P.J. Sta=807.23 (mtrs)
5-28 Thence 867.16 ft around arc of compound cuver to the left
5-29 delta=9 38' 10" R=5156.09 ft to point on curve
5-30 Thence N 74 36' 39" E, 226.38 ft
5-31 Thence N 81 23' 21" W, 1629 ft
5-32 Thence N 89 09' 02" W 2646.19 ft to intersection with the
5-33 East line of Fabens Wastewater channel;
5-34 Thence along easterly line of said Fabens Wastewater channel
5-35 to its intersection with the common line of Surveys 167 and 168 of
5-36 the San Elizario Grant, Block 47
5-37 Thence N 43 12' E 3167.8 ft to centerline of road and to the
5-38 most easterly corner of said Survey 167
5-39 Thence N 46 48' W 55.55 ft along centerline road to the
5-40 southwest corner of Survey 142
5-41 Thence N 43 00' E 1445.0' along common line Surveys 141 142
5-42 to foothills
5-43 Thence S 50 42' E 314.11 ft
5-44 Thence S 61 52' E 277.11 ft
5-45 Thence S 45 32' E 155.56 ft
5-46 Thence N 43 00' E 139.44 ft
5-47 Thence S 55 40' E 557.78 ft
5-48 Thence S 86 05' E 302.50 ft
5-49 Thence S 81 57' E 361.94 ft
5-50 Thence S 43 12' W 425.83 ft
5-51 Thence S 46 09' E 631.39 ft
5-52 Thence S 75 58' E 267.83 ft
5-53 Thence N 83 04' E 398.50 ft
5-54 Thence S 48 14' E 463.86 ft
5-55 Thence S 24 13' E 470.08 ft
5-56 Thence S 17 58' E 210.28 ft
5-57 Thence S 38 52' W 200.00 ft
5-58 Thence S 57 37' W 549.89 ft
5-59 Thence S 74 37" W 200.00ft
5-60 Thence S 80 57' W 155.19 ft
5-61 Thence N 86 48' W 100.11 ft
5-62 Thence S 80 32' W 140.17 ft
5-63 Thence N 06 28' W 83.11 ft
5-64 Thence S 30 03' E 100.11 ft
5-65 Thence S 00 12' W 157.22 ft
5-66 Thence S 44 28' E 400.50 ft
5-67 Thence S 55 33' E 300.36 ft
5-68 Thence S 69 48' E 200.28 ft
5-69 Thence S 75 08' E 1101.36 ft
6-1 Thence S 16 16' E 344.44 ft
6-2 Thence S 61 31' E 600.83 ft
6-3 Thence S 48 42' E 623.89 ft
6-4 Thence S 89 19' E 1128.05 ft
6-5 Thence S 49 46' E 307.88 ft
6-6 Thence S 84 32' E 178.83 ft
6-7 Thence S 32 26' E 277.22 ft
6-8 Thence S 11 08' E 145.17 ft
6-9 Thence S 27 25' W 96.81 ft
6-10 Thence S 38 33' W 379.39 ft
6-11 Thence S 35 58' W 390.47 ft
6-12 Thence S 28 58' W 206.67 ft
6-13 Thence S 31 07' E 236.67 ft
6-14 Thence S 02 13' E 317.08 ft
6-15 Thence N 45 20' E 1700.55 ft
6-16 Thence S 44 40' E 1912.63' to common corner Survey 292-427
6-17 Section 9
6-18 Thence N 52 30' E 1337.50' to common corner M.R. Hemley
6-19 Survey 427 Sections 9-10-11
6-20 Thence N 52 30' E 1337.50 ft to common corner 9-10-11
6-21 (sections)
6-22 Thence N 52 30' E 5277.76 ft to common corner sections
6-23 10-11-12-17
6-24 Thence N 52 30' E 4564.42 to southerly R.O.W. 1-10 & the
6-25 P.O.B.; and
6-26 A parcel of land containing [continuing] 5 square miles in the
6-27 county of El Paso, Texas and being more particularly described as
6-28 follows:
6-29 Sections 16 and 18 in Block 78, Township 2, T & P RR Survey, El
6-30 Paso County, Texas
6-31 Section 48, Block 79, Township 2, T & P RR Survey, El Paso County,
6-32 Texas
6-33 Section 2 and 10, Block 79, Township 3, T & P RR Survey, El Paso
6-34 County, Texas.
6-35 SECTION 4. FINDING RELATING TO BOUNDARY DESCRIPTION. The
6-36 legislature finds that the territory of the district, as described
6-37 by Subsection (a), Section 2, Chapter 780, Acts of the 69th
6-38 Legislature, Regular Session, 1985, as amended by this Act, forms a
6-39 closure. If a mistake is made in copying the field notes during
6-40 the legislative process or if a mistake exists in the field notes,
6-41 the mistake does not affect:
6-42 (1) the organization, operation, existence, or
6-43 validity of the district;
6-44 (2) the district's right to issue bonds, including
6-45 refunding bonds, or to pay the principal and interest on bonds; or
6-46 (3) the district's right to assess, levy, and collect
6-47 taxes.
6-48 SECTION 5. FINDINGS RELATING TO BENEFIT. The legislature
6-49 finds that:
6-50 (1) the territory of the district, as described by
6-51 Subsection (a), Section 2, Chapter 780, Acts of the 69th
6-52 Legislature, Regular Session, 1985, as amended by this Act, and the
6-53 property located within that territory, is benefited by the works
6-54 and projects of the district; and
6-55 (2) the district serves a public use and benefit.
6-56 SECTION 6. CONDITIONS FOR TERRITORY CHANGE AND EXTENSION OF
6-57 SERVICES. (a) The board shall request the commission to enter an
6-58 order adding the territory of the town to the district if:
6-59 (1) the governing body of the town, by resolution or
6-60 ordinance, consents to adding the territory of the town to the
6-61 district;
6-62 (2) the town holds an election in the same manner as
6-63 provided for bond elections under Section 49.106, Water Code, for
6-64 the qualified voters residing within the town to decide whether to
6-65 assume the outstanding bonds, including voted but unissued bonds,
6-66 notes, taxes, or other obligations of the district;
6-67 (3) a majority of the qualified voters participating
6-68 in an election held under Subdivision (2) of this subsection vote
6-69 in favor of assuming the outstanding bonds, including voted but
7-1 unissued bonds, notes, taxes, or other obligations of the district;
7-2 (4) the district completes construction of facilities
7-3 necessary to provide water service within the town;
7-4 (5) the district possesses adequate water capacity and
7-5 pressure to provide water service within the town;
7-6 (6) the district purchases the transmission line and
7-7 any interest in the water service and distribution facilities owned
7-8 by the school district within the town; and
7-9 (7) the school district arranges for the termination
7-10 of all water supply and other contracts between the school district
7-11 and the City of El Paso's Water Utilities Public Service Board to
7-12 be effective the date on which the commission issues an order under
7-13 Section 7 of this Act.
7-14 (b) Before the district makes the purchase described by
7-15 Subdivision (6) of Subsection (a) of this section, the district may
7-16 require the following:
7-17 (1) that a majority of the qualified voters voting in
7-18 an election held under Subdivision (2) of Subsection (a) of this
7-19 section vote in favor of assuming the outstanding bonds, including
7-20 voted but unissued bonds, notes, taxes, or other obligations of the
7-21 district; and
7-22 (2) that the water distribution system operated by the
7-23 school district meet appropriate commission standards.
7-24 (c) The district may enter into a wholesale water supply
7-25 contract with the City of El Paso's Water Utilities Public Service
7-26 Board for purposes of providing water service within the territory
7-27 of the town added to the district.
7-28 SECTION 7. TERRITORY CHANGE ORDER; FILING REQUIREMENT.
7-29 (a) On receipt of a request under Section 6 of this Act, the
7-30 commission shall enter an order adding the territory of the town to
7-31 the district if the commission determines that the conditions of
7-32 Section 6 of this Act are satisfied.
7-33 (b) The commission shall file a certified copy of an order
7-34 issued under Subsection (a) of this section with the secretary of
7-35 state and in the deed records of El Paso County.
7-36 SECTION 8. EFFECTIVE DATE OF TERRITORY CHANGE. The
7-37 territory change of the district as described by Section 7 of this
7-38 Act becomes effective on the date the commission files certified
7-39 copies of the territory change order as required by Subsection (b)
7-40 of Section 7 of this Act.
7-41 SECTION 9. CONTESTED CASE EXCEPTION. An order issued under
7-42 Subsection (a) of Section 7 of this Act is not a contested case for
7-43 purposes of Chapter 2001, Government Code.
7-44 SECTION 10. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
7-45 (a) The proper and legal notice of the intention to introduce this
7-46 Act, setting forth the general substance of this Act, has been
7-47 published as provided by law, and the notice and a copy of this Act
7-48 have been furnished to all persons, agencies, officials, or
7-49 entities to which they are required to be furnished by the
7-50 constitution and other laws of this state, including the governor,
7-51 who has submitted the notice and Act to the Texas Natural Resource
7-52 Conservation Commission.
7-53 (b) The Texas Natural Resource Conservation Commission has
7-54 filed its recommendations relating to this Act with the governor,
7-55 lieutenant governor, and speaker of the house of representatives
7-56 within the required time.
7-57 (c) All requirements of the constitution and laws of this
7-58 state and the rules and procedures of the legislature with respect
7-59 to the notice, introduction, and passage of this Act are fulfilled
7-60 and accomplished.
7-61 SECTION 11. NONAPPLICABILITY OF CERTAIN PROVISIONS. The
7-62 district is not subject to Section 42.042, Local Government Code,
7-63 and Section 54.016, Water Code, in adding territory in the town to
7-64 the district in accordance with this Act.
7-65 SECTION 12. RULES OF CONSTRUCTION. (a) A finding that a
7-66 provision of this Act is invalid does not affect the validity of
7-67 the remaining provisions of this Act.
7-68 (b) This Act shall be given a liberal and broad construction
7-69 to carry out the expressed purposes of this Act.
8-1 SECTION 13. EFFECTIVE DATE OF SECTION 3. The change in law
8-2 made by Section 3 of this Act takes effect on the date on which the
8-3 Texas Natural Resource Conservation Commission completes filing
8-4 copies of the territory change order with the secretary of state
8-5 and in the deed records of El Paso County as required by Subsection
8-6 (b) of Section 7 of this Act.
8-7 SECTION 14. EMERGENCY. The importance of this legislation
8-8 and the crowded condition of the calendars in both houses create an
8-9 emergency and an imperative public necessity that the
8-10 constitutional rule requiring bills to be read on three several
8-11 days in each house be suspended, and this rule is hereby suspended,
8-12 and that this Act take effect and be in force from and after its
8-13 passage, and it is so enacted.
8-14 * * * * *