By Crownover                                          H.B. No. 3804
         76R11235 MI-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the Lake Cities Municipal Utility Authority; granting
 1-3     the power of eminent domain; authorizing an ad valorem tax; and
 1-4     granting the authority to issue bonds.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  VALIDATION OF CREATION; PRINCIPAL OFFICES.  (a)
 1-7     Under the authority of  Section 59, Article XVI, Texas
 1-8     Constitution, the creation of the conservation and reclamation
 1-9     district known and to be known as Lake Cities Municipal Utility
1-10     Authority is validated and reconfirmed.  The Lake Cities Municipal
1-11     Utility Authority is a governmental agency and a body politic and
1-12     corporate.
1-13           (b)  The principal offices of the authority shall be located
1-14     in Denton County, Texas.
1-15           SECTION 2.  DEFINITIONS.  In this Act:
1-16                 (1)  "Board" means the board of directors of the Lake
1-17     Cities Municipal Utility Authority.
1-18                 (2)  "LCMUA" means the Lake Cities Municipal Utility
1-19     Authority.
1-20           SECTION 3.  BOUNDARIES.  (a)  LCMUA consists of the territory
1-21     contained in the boundaries of the City of Lake Dallas and that
1-22     part of the City of Shady Shores specifically described in the
1-23     official records of LCMUA.
1-24           (b)  The specific territorial boundaries of LCMUA are
 2-1     definitively described in the official records of LCMUA.  Changes
 2-2     to that territory by addition or exclusion shall be reflected in
 2-3     the official records of LCMUA.  LCMUA must maintain at all times as
 2-4     part of its official public records an adequate description of its
 2-5     territory that constitutes its official boundaries.  All LCMUA
 2-6     territory as designated in the official records is subject to
 2-7     assessment for the payment of ad valorem taxes.
 2-8           SECTION 4.  FINDING OF BENEFIT.  All land and other property
 2-9     included within the boundaries of LCMUA is being and will be
2-10     benefited by the works and projects that are to be accomplished by
2-11     LCMUA under powers conferred by Section 59, Article XVI, Texas
2-12     Constitution.  LCMUA is created to serve a public use and benefit.
2-13           SECTION 5.  GENERAL POWERS.  LCMUA has all of the rights,
2-14     powers, privileges, authority, functions, and duties provided by
2-15     the general law of this state, including Chapters 49 and 51, Water
2-16     Code, applicable to water conservation and improvement districts
2-17     created under Section 59, Article XVI, Texas Constitution.  LCMUA
2-18     has in addition the rights, powers, privileges, authority,
2-19     functions, and duties provided by Chapters 54 and 55, Water Code.
2-20     This Act prevails over any provision of general law that is in
2-21     conflict or inconsistent with this Act.
2-22           SECTION 6.  BOARD OF DIRECTORS.  (a)  LCMUA is governed by
2-23     a board of five directors.
2-24           (b)  Directors are elected at large by the qualified voters
2-25     residing within the boundaries of LCMUA.
2-26           (c)  Directors serve four-year staggered terms.
2-27           (d)  A director must:
 3-1                 (1)  be at least 21 years old at the time of election
 3-2     or appointment;
 3-3                 (2)  have been a resident within the boundaries of
 3-4     LCMUA for at least six months before election or appointment and
 3-5     maintain that residence during the director's term;
 3-6                 (3)  never have been convicted of a felony offense or
 3-7     any offense of theft; and
 3-8                 (4)  be capable of being bonded.
 3-9           (e)  A member of a governing body of a municipal corporation
3-10     or an employee of a municipal corporation may not serve as a
3-11     director.
3-12           (f)  Each director must qualify to serve in the manner
3-13     provided by this Act, the Election Code, and Chapter 49, Water
3-14     Code.
3-15           (g)  A director serves until the director's successor has
3-16     qualified.
3-17           (h)  Each director shall subscribe the appropriate oath of
3-18     office and shall obtain the required minimum bond for the faithful
3-19     performance of the director's duties. The cost of the bond shall be
3-20     paid by LCMUA.
3-21           (i)  A majority of the board constitutes a quorum.
3-22           (j)  A vacancy on the board shall be filled for the unexpired
3-23     term by appointment by the remaining board members.
3-24           (k)  A director does not receive any compensation for
3-25     services as a director.
3-26           SECTION 7.  OFFICERS.  (a)  The board shall elect from its
3-27     number a president and vice president and any other officers the
 4-1     board considers necessary or appropriate.
 4-2           (b)  The president is the chief executive officer of LCMUA
 4-3     and the presiding officer of all board meetings and proceedings and
 4-4     has the same right to vote as any other board member.
 4-5           (c)  The vice president performs the duties and exercises the
 4-6     powers of the president when the president is absent or fails or
 4-7     declines to act but may not exercise the president's right to vote.
 4-8           (d)  The board shall also elect a secretary and a treasurer
 4-9     from its members and may combine those offices.  The treasurer
4-10     shall give bond in the amount required by the board or by
4-11     applicable state law, the premium to be paid by LCMUA.  The
4-12     treasurer's bond shall be conditioned on the treasurer's faithfully
4-13     accounting for all money that comes into the treasurer's custody as
4-14     treasurer for LCMUA.
4-15           SECTION 8.  EMPLOYMENT AUTHORITY;  GENERAL MANAGER.  (a)  The
4-16     board as necessary and appropriate may employ professional persons
4-17     including engineers, attorneys, accountants, consultants, and other
4-18     employees.
4-19           (b)  The board shall hire a general manager to conduct the
4-20     day-to-day management of LCMUA.
4-21           (c)  The board may authorize the general manager to:
4-22                 (1)  hire and fire employees and independent
4-23     contractors; and
4-24                 (2)  sign checks and contracts on behalf of LCMUA and
4-25     otherwise conduct the day-to-day management and operations of LCMUA
4-26     without specific board approval of specific transactions.
4-27           (d)  The general manager may not:
 5-1                 (1)  employ a person, firm, or entity  except at the
 5-2     will of the board; or
 5-3                 (2)  sign, without prior board approval, any contract
 5-4     on behalf of LCMUA that exceeds the minimum amount of total overall
 5-5     value for consideration set by law.
 5-6           SECTION 9.  SEAL.  The board may adopt a seal for LCMUA. The
 5-7     seal does not have to be affixed to any act, memorandum, or
 5-8     resolution of the board unless the act requires the seal to be
 5-9     affixed.
5-10           SECTION 10.  ANNEXATION BY PETITION OF QUALIFIED VOTERS.
5-11     (a)  Additional territory may be annexed to LCMUA as provided by
5-12     this section.  A petition asking for annexation and signed by a
5-13     majority of the qualified voters of the territory proposed to be
5-14     annexed may be filed with the board.  The petition must:
5-15                 (1)  legibly state the name, address, and residence of
5-16     each person signing;
5-17                 (2)  be signed under oath with the following affidavit:
5-18     "Each of the undersigned swears that she or he is a bona fide
5-19     resident qualified voter of the territory proposed to be annexed
5-20     and has not been offered or paid any consideration in money or any
5-21     thing of value to sign this petition.";
5-22                 (3)  describe the territory proposed to be annexed by
5-23     metes and bounds or other adequate legal description signed and
5-24     sealed by a qualified registered professional surveyor or engineer;
5-25     and
5-26                 (4)  be accompanied by a plat that enables the board to
5-27     identify the boundaries and specific territory proposed to be
 6-1     annexed.
 6-2           (b)  The board shall adopt a resolution stating the
 6-3     conditions of annexation and setting a time and place for a hearing
 6-4     on the annexation if the board finds that:
 6-5                 (1)  the petition is signed by the required number of
 6-6     qualified persons and otherwise complies with this section;
 6-7                 (2)  the annexation would be in the best interest of
 6-8     the residents of the territory proposed to be annexed and the best
 6-9     interest of LCMUA; and
6-10                 (3)  LCMUA will be able to supply services to the
6-11     territory proposed to be annexed.
6-12           (c)  The resolution must:
6-13                 (1)  state the conditions under which  the territory
6-14     proposed to be annexed may be annexed to LCMUA; and
6-15                 (2)  set a time and place for a hearing by the board on
6-16     the question of whether the territory proposed to be annexed will
6-17     be benefited by the improvements, works, services, and facilities
6-18     then owned or operated or contemplated to be owned or operated by
6-19     LCMUA or by the performance of other functions of LCMUA.
6-20           (d)  Notice of the adoption of the resolution stating the
6-21     time and place of the hearing shall be published once in a
6-22     newspaper of general circulation in the territory sought to be
6-23     annexed not later than the 10th day before the date of the hearing.
6-24     The notice shall describe the territory proposed to be annexed in
6-25     the same manner as required by Subsection (a)(3) for the petition.
6-26     Any interested person may appear at the hearing and offer evidence
6-27     for or against the proposed annexation.  Witnesses may be sworn at
 7-1     the option of the presiding officer of LCMUA.  The hearing may
 7-2     proceed in the order and under the rules the board prescribes.  The
 7-3     hearing may be recessed and reconvened from time to time at the
 7-4     board's discretion.
 7-5           (e)  If at the conclusion of the hearing the board finds that
 7-6     the territory proposed to be annexed will be benefited by the
 7-7     present or contemplated improvements, services, works, or
 7-8     facilities of LCMUA, the board by resolution shall make that
 7-9     finding and shall call an election in the territory proposed to be
7-10     annexed.  The resolution must state the date and place of the
7-11     election and the proposition to be voted on and shall appoint a
7-12     presiding judge or judges and clerks for the election who in turn
7-13     shall appoint the necessary assistant judges or clerks to assist in
7-14     holding the election.  The election shall be conducted in
7-15     accordance with the Election Code.
7-16           (f)  Notice of the election shall be given by publishing a
7-17     synopsis of the resolution calling for the election once in a
7-18     newspaper of general circulation within the territory sought to be
7-19     annexed not later than the 10th day before the date set for the
7-20     election.  Only qualified voters who reside in the territory
7-21     proposed to be annexed may vote in the election.  A voter may be
7-22     required to furnish proof of residency.  Returns of the election
7-23     results shall be made to the board.  The board shall canvass the
7-24     election returns and adopt an order declaring the results.  If the
7-25     order shows that a majority of the votes cast favor annexation, the
7-26     board by resolution shall annex the territory into LCMUA.  The
7-27     annexation may be contested only in the manner provided by the
 8-1     Election Code for contesting an election.
 8-2           (g)  The board in calling an election on the proposition of
 8-3     annexation of territory may call an election over the territory of
 8-4     LCMUA to determine whether the LCMUA territory as enlarged by the
 8-5     proposed annexation shall assume and be burdened by an ad valorem
 8-6     tax necessary and appropriate to support outstanding general
 8-7     obligation bonds, bonds voted but not yet sold, and  bonds that may
 8-8     be voted on in the future and whether an ad valorem tax shall be
 8-9     levied upon all taxable property within the territory of LCMUA as
8-10     enlarged by the proposed annexation.  The board may provide in the
8-11     election process within the territory proposed to be annexed a
8-12     proposition that the annexed territory shall be subject to a levy
8-13     and assessment for any bonded indebtedness of LCMUA supported by
8-14     the levy and collection of ad valorem taxes.  The election shall be
8-15     called and held and notice given in the same manner provided by the
8-16     Election Code and Chapter 49, Water Code, for elections on the
8-17     issuance of bonds.
8-18           (h)  Railroad right-of-way that is not situated within the
8-19     defined limits of an incorporated municipality will not be
8-20     benefited by LCMUA services, and therefore railroad right-of-way
8-21     may not be annexed to LCMUA unless the  right-of-way is within the
8-22     limits of an incorporated municipality or other governmental body.
8-23           SECTION 11.  DISANNEXATION.  An election for disannexation
8-24     may be called by the board or by open petition.  A disannexation
8-25     election shall be held in the same manner as provided by Sections
8-26     10(a)-(g) of this Act for an annexation election.  A disannexation
8-27     may not reduce the tax base necessary to support outstanding bonds
 9-1     by levy and assessment of ad valorem taxes.
 9-2           SECTION 12.  ANNEXATION AND DISANNEXATION BY LANDOWNER
 9-3     PETITION.  (a)  Territory may be added to LCMUA on petition of all
 9-4     owners of land in the territory proposed to be annexed.  All owners
 9-5     of the land proposed to be annexed may file with the board a
 9-6     petition asking that the lands described be added to and become a
 9-7     part of LCMUA's established territory. The petition must describe
 9-8     by metes and bounds the land proposed to be annexed and be
 9-9     accompanied by a plat by which LCMUA can ascertain the location,
9-10     description, and identity of the land.  The petition must be signed
9-11     and executed in the same manner provided by law for conveyance of
9-12     real property.
9-13           (b)  The board shall hear and consider the petition and may
9-14     grant the petition and add the land to LCMUA's existing territory
9-15     if the board considers the addition of the land advantageous and
9-16     beneficial to LCMUA and if services can be provided to the annexed
9-17     territory without injury or detriment to the operation and function
9-18     of LCMUA's existing territory.  The determination regarding
9-19     probable or possible injury or detrimental operation or function
9-20     shall be determined solely by the board.
9-21           (c)  A petition adding land to LCMUA's territory that is
9-22     granted becomes a part of the official  records of LCMUA.  The
9-23     board shall require the petitioner to provide a sworn affidavit
9-24     identifying all owners and lienholders of land proposed to be
9-25     annexed and may refuse annexation unless all owners and lienholders
9-26     join in or consent to the petition.
9-27           (d)  All landowners of a single tract or parcel may petition
 10-1    for voluntary disannexation in the manner provided by this section
 10-2    for annexation by landowner petition.  The board may refuse to
 10-3    grant the disannexation if the board determines that disannexation
 10-4    would be detrimental to the interests of LCMUA.
 10-5          SECTION 13.  POWERS.  (a)  LCMUA may develop surface or
 10-6    underground water storage and supply facilities and construct a
 10-7    diversion works, pumps, pumping stations, pipelines, intermediate
 10-8    and terminal storage reservoirs, water treatment plants,
 10-9    distribution systems, and all other related facilities that will
10-10    facilitate or implement the duty of LCMUA to deliver and distribute
10-11    water within its territory and any other territory for which it
10-12    holds a certificate of convenience and necessity and to purchase,
10-13    improve, modify, or extend any existing water system or systems
10-14    within the certificated territory or outside the certificated
10-15    territory if reasonably necessary or appropriate for the support of
10-16    services within the certificated territory.  LCMUA may construct
10-17    all facilities reasonably necessary or convenient to enable LCMUA
10-18    to deliver, treat, and distribute water.
10-19          (b)  LCMUA may  construct, maintain service, and operate a
10-20    complete wastewater system, including wastewater treatment plant
10-21    sites and collection systems.  LCMUA may use public streets,
10-22    alleys, ways, and places for the laying of its water and wastewater
10-23    lines and facilities.
10-24          (c)  LCMUA may make contracts for the purchase of water or
10-25    water supplies, purchase treated water, purchase wastewater
10-26    treatment facilities, and  make contracts for the purchase or sale
10-27    of treated or untreated water or wastewater.
 11-1          (d)  LCMUA may apply as necessary for any permit, license, or
 11-2    other authorization from the Texas Natural Resource Conservation
 11-3    Commission or any other regulatory body in order to conduct any of
 11-4    its operations.
 11-5          (e)  LCMUA may purchase all works, machinery, plants, and
 11-6    other facilities and equipment and land, rights-of-way, and
 11-7    easements necessary or appropriate for exercising its rights and
 11-8    performing its duties under this Act.  Subject to the terms of any
 11-9    deed of trust or indenture executed by LCMUA, LCMUA may sell,
11-10    trade, or otherwise dispose of any real or personal property the
11-11    board considers unnecessary for LCMUA purposes.  Any personal
11-12    property the board considers unnecessary for LCMUA purposes may be
11-13    sold in the manner specified by the board and applicable law.
11-14          SECTION 14.  EMINENT DOMAIN.  (a)  LCMUA has full power of
11-15    eminent domain and may acquire by condemnation any interest in land
11-16    or other property including fee simple title or easements or
11-17    rights-of-way in and upon or under property within and beyond the
11-18    boundaries of LCMUA territory.  The exercise of the power of
11-19    eminent domain granted by this Act is governed by Chapter 21,
11-20    Property Code, and any other applicable law.  The board by
11-21    resolution shall determine the amount and character of an interest
11-22    in land or other property and easements to be acquired  under this
11-23    section.
11-24          (b)  If LCMUA, in exercising the power of eminent domain,
11-25    power of relocation, or any other power granted under this Act,
11-26    makes necessary the relocating, raising, rerouting, or changing the
11-27    grade of, or altering the construction of any highway, roadway,
 12-1    electric transmission line, telephone or telegraph properties and
 12-2    facilities, or pipelines, LCMUA must bear the actual cost of the
 12-3    relocation, lowering, rerouting, or changing in grade or altering
 12-4    of construction in providing a comparable replacement without
 12-5    enhancement of the facilities, after deducting the net salvage
 12-6    value derived from the old facility.
 12-7          SECTION 15.  CONSTRUCTION CONTRACT.  A construction contract
 12-8    must be procured in accordance with Subchapter I, Chapter 49, Water
 12-9    Code.
12-10          SECTION 16.  AUTHORITY TO ISSUE BONDS.  (a)  To carry out any
12-11    power or authority conferred by this Act, the board by resolution
12-12    may authorize the issuance of negotiable bonds payable from revenue
12-13    or ad valorem taxes or both revenue and taxes.  Pending the
12-14    issuance of definitive bonds the board may authorize the delivery
12-15    of negotiable interim bonds or notes, certificates of obligation,
12-16    or other similar documents that are eligible for exchange or
12-17    substitution or retirement based upon the proceeds of the
12-18    definitive bonds.  LCMUA may refinance any outstanding bonds.
12-19          (b)  Bonds must be issued in accordance with Subchapter F,
12-20    Chapter 49, Water Code, and other applicable law.
12-21          (c)  Bonds shall be issued in the name of Lake Cities
12-22    Municipal Utility Authority, signed by the president or vice
12-23    president, and attested by the secretary and shall bear the seal,
12-24    or a facsimile seal, of LCMUA.  The facsimile signature of the
12-25    president or secretary or both may be printed or lithographed on
12-26    the bonds if authorized by the board, and the seal of LCMUA may be
12-27    impressed, printed, or lithographed on the bonds.
 13-1          (d)  Bonds shall mature at a time set by the board not to
 13-2    exceed 40 years and may be sold at a price or under the terms the
 13-3    board determines to be the most advantageous reasonably available.
 13-4    Interest on the bonds, including the discount, if any, shall be
 13-5    based upon market value at the time of sale and shall be
 13-6    established at the discretion of the board at a rate not to exceed
 13-7    the maximum rate permitted by law.  Bonds may be made callable
 13-8    before maturity at a time and price and under the circumstances
 13-9    prescribed in the resolution authorizing the bonds and may be made
13-10    registrable or electronically registrable as to principal or as to
13-11    both principal and interest.
13-12          (e)  Bonds may be issued in more than one series and at
13-13    different times as required to carry out the purposes and business
13-14    of LCMUA.
13-15          (f)  The bonds may be secured by a pledge of all or part of
13-16    the net revenue of LCMUA or by the net revenue of any one or more
13-17    existing or future contracts or other revenue specified by board
13-18    resolution, the trust indenture, or other instrument securing the
13-19    bonds.  A pledge of revenue may reserve the right under specified
13-20    conditions to issue additional bonds on a parity with or
13-21    subordinate to the bonds then being issued.  "Net revenues" as used
13-22    in this section  means the gross revenue of LCMUA less the amount
13-23    necessary to pay the cost of performing the contract and of
13-24    maintaining and operating LCMUA and its properties.
13-25          (g)  After the election required by Section 19 of this Act,
13-26    LCMUA may issue bonds payable from ad valorem taxes to be levied on
13-27    all taxable property in LCMUA or  secured by and payable from both
 14-1    taxes and revenue.  If the bonds issued are payable wholly or
 14-2    partially from ad valorem taxes, the board shall levy a tax
 14-3    sufficient to pay the bonds and the interest on the bonds as the
 14-4    bonds and interest become due.  The annual tax rate may be fixed
 14-5    after considering the money received from other pledged revenue
 14-6    that may be available for payment of principal and interest to the
 14-7    extent and in the manner permitted by the resolution authorizing
 14-8    the issuance of the bonds.
 14-9          (h)  If the bonds are payable wholly from revenue,  the board
14-10    shall fix and revise as needed the rates for water sold and
14-11    services rendered by LCMUA at a rate sufficient to pay the expense
14-12    of operating and maintaining LCMUA facilities and to pay the bonds
14-13    as they mature and the interest as it accrues and to maintain the
14-14    reserve and other funds as required in the resolution authorizing
14-15    the bonds or in the trust indenture or other instruments securing
14-16    the bonds.  If the bonds are payable partially from revenue and
14-17    partially from taxes,  the board shall fix and revise as necessary
14-18    the rates for water sold and services rendered by LCMUA at a rate
14-19    sufficient to assure compliance with the resolution authorizing the
14-20    bonds and with any trust indenture or other instrument securing the
14-21    bonds.
14-22          (i)  From the proceeds of the sale of the bonds, LCMUA may
14-23    set aside amounts to make payments into the interest and sinking
14-24    fund and the reserve fund, and  revisions may be made in the
14-25    resolution authorizing the bonds or any trust indenture or other
14-26    instruments securing the bonds.  Proceeds from the sale of the
14-27    bonds may be used to pay all expenses necessarily incurred in
 15-1    accomplishing the purpose for which LCMUA  was created, including
 15-2    expenses of issuing and selling the bonds.  Proceeds from the sale
 15-3    of the bonds may be invested as specified by the resolution
 15-4    authorizing the bonds or the trust indenture or other instrument
 15-5    securing the bonds.
 15-6          (j)  Funds accumulated from the payment of bonds and from
 15-7    revenue may be invested as specified in the resolution authorizing
 15-8    the bonds or in the indenture.
 15-9          (k)  If a default occurs or is threatened  in the payment of
15-10    principal or of interest on bonds payable wholly or partially from
15-11    revenue, a court in Denton County, Texas, may, on petition of the
15-12    holders of outstanding bonds, appoint a receiver with authority to
15-13    collect and receive all income of LCMUA except taxes, to employ and
15-14    discharge agents and employees of LCMUA, to take charge of funds on
15-15    hand, except funds received from taxes unless commingled, and to
15-16    manage the proprietary affairs of LCMUA without the consent of or
15-17    hindrance by the board, individual board members, or other
15-18    employees of LCMUA.  The receiver may also be authorized to sell or
15-19    make contracts for the sale of water or renew such contracts with
15-20    the approval of the court that appointed the receiver.  The court
15-21    may vest the receiver with other powers and duties the court may
15-22    find necessary to protect the bondholders.  The resolution
15-23    authorizing the issuance of the bonds or the trust indenture or
15-24    other instrument securing them may limit or qualify rights of the
15-25    holders of less than all of the outstanding bonds payable from the
15-26    same source to institute or prosecute any litigation affecting
15-27    LCMUA's property or income.
 16-1          (l)  Any provision in this Act to the contrary
 16-2    notwithstanding, before issuing any construction bonds, LCMUA shall
 16-3    submit plans, specifications, and other necessary information and
 16-4    documents to the appropriate authorities and shall obtain the
 16-5    necessary permits or other authorizations from the appropriate
 16-6    regulatory bodies, including the Texas Natural Resource
 16-7    Conservation Commission.
 16-8          SECTION 17.  REFUNDING BONDS.  (a)  LCMUA may issue refunding
 16-9    bonds to refund any outstanding bonds authorized by this Act or
16-10    other authority and any interest on those bonds.  Refunding bonds
16-11    may be issued to refund more than one series of outstanding bonds,
16-12    may combine the revenue pledged to the outstanding bonds for the
16-13    security of the refunding bonds, and may be secured by other or
16-14    additional revenue and mortgage liens.  The requirements of this
16-15    Act with reference to the issuance by LCMUA of other bonds, their
16-16    security, and the remedies of the bondholders apply also to
16-17    refunding bonds.
16-18          (b)  Refunding bonds shall be registered by the comptroller
16-19    on surrender and cancellation of the bonds to be refunded.   The
16-20    resolution authorizing the bond issue may provide that the bonds
16-21    instead shall be sold and the proceeds deposited in a bank,  in
16-22    which case the refunding bonds may be issued in an amount
16-23    sufficient to pay the principal of and the interest on the original
16-24    bonds to their option date or maturity date, and the comptroller
16-25    shall register the bonds without concurrent surrender and
16-26    cancellation of the original bonds.
16-27          SECTION 18.  ADDITIONAL SECURITY.  (a)  Any bonds, including
 17-1    refunding bonds, authorized by law and not payable wholly from ad
 17-2    valorem taxes, may be additionally secured by a trust indenture
 17-3    under which the trustee may be a bank with trust powers situated
 17-4    either within or outside this state.  The bonds, at the board's
 17-5    discretion, may be additionally secured by a deed of trust or a
 17-6    mortgage lien on physical properties of LCMUA and all franchises,
 17-7    easements, water rights and appropriation permits, leases and
 17-8    contracts, and all rights pertinent to those properties, vesting in
 17-9    the trustee power to sell the properties to pay the debt, to
17-10    operate the properties and all other powers and authority to
17-11    further secure the bonds.
17-12          (b)  The trust indenture, regardless of the existence of the
17-13    deed of trust or mortgage lien on the properties, may contain any
17-14    provisions prescribed by the board for the security of the bonds
17-15    and the preservation of the trust estate, may provide for amendment
17-16    or modification and the issuance of bonds to replace lost or
17-17    mutilated bonds, may condition the right to spend LCMUA money or
17-18    sell LCMUA property on approval of a registered professional
17-19    engineer selected as provided in the trust indenture, and may
17-20    provide for the investment of LCMUA funds.
17-21          (c)  A purchaser under a sale under the deed of trust lien,
17-22    where one is given, is the absolute owner of the properties,
17-23    facilities, and rights purchased and has the right to maintain,
17-24    operate, and exercise the properties, facilities, and rights.
17-25          SECTION 19.  ELECTION REQUIRED FOR TAX-SUPPORTED BONDS.
17-26    (a)  Bonds payable wholly or partially from ad valorem taxes may
17-27    not be issued unless authorized by a majority of the qualified
 18-1    voters residing in LCMUA's territory voting in an election called
 18-2    for that purpose.  Refunding bonds and bonds not payable wholly or
 18-3    partially from ad valorem taxes may be issued without an election.
 18-4          (b)  The board may call an election under this section
 18-5    without a petition.  The resolution calling the election shall
 18-6    specify the time and places of holding the election, the purpose
 18-7    for which the bonds are to be issued, the maximum amount of the
 18-8    bonds, the form of the ballot, and the presiding judge for each
 18-9    voting place.  Bonds for water purposes and sewer purposes may, in
18-10    the discretion of the board, be submitted in a single proposition.
18-11    The presiding judge serving at each voting place may appoint one
18-12    assistant judge and two clerks to assist in holding the election.
18-13    Notice of the election shall be given by publishing a substantial
18-14    copy of the resolution calling for the election in a newspaper with
18-15    general circulation in LCMUA on the same day of each of two
18-16    consecutive weeks.  The first publication shall be not later than
18-17    the  14th day before the date set for the election.
18-18          (c)  The returns of the election shall be made to and
18-19    canvassed by the board.
18-20          (d)  The Election Code and other applicable law relating to
18-21    bond elections apply to an election under this section except as
18-22    otherwise provided by this section.
18-23          SECTION 20.  DEPOSITORY.   The board shall designate one or
18-24    more banks to serve as depository for the funds of LCMUA.  All
18-25    LCMUA funds shall be deposited in the depository bank or banks
18-26    except that funds pledged to pay bonds may be deposited with the
18-27    trustee bank named in the trust agreement or other escrow and
 19-1    except that funds shall be remitted to the bank or banks of payment
 19-2    for the payment of principal of and interest on bonds.  To the
 19-3    extent that funds in the depository bank and the trustee bank are
 19-4    not insured by the Federal Deposit Insurance Corporation, the funds
 19-5    shall be secured in the manner provided by law for the security of
 19-6    municipal funds.  A bank selected by the board is not required to
 19-7    go through any bid process or process regarding invitation of the
 19-8    banks to become designated depositories.
 19-9          SECTION 21.  ABOLITION OF LCMUA.  (a)  LCMUA may be abolished
19-10    by a majority of the qualified voters residing within the territory
19-11    of LCMUA voting at an election held for the purpose.
19-12          (b)  The county judge of Denton County, Texas, shall call an
19-13    election if a petition to abolish LCMUA is presented to the county
19-14    judge, duly signed by  a majority of the qualified voters residing
19-15    within the territory of LCMUA.  Notice of the election shall be
19-16    published and posted in accordance with the Election Code.  The
19-17    county judge shall appoint a presiding judge and as many clerks as
19-18    necessary to assist the election judge in holding the election.
19-19    The ballots shall contain the propositions: "For abolishment of
19-20    Lake Cities Municipal Utility Authority" and "Against abolishment
19-21    of Lake Cities Municipal Utility Authority."  Only qualified voters
19-22    who reside within the territory of LCMUA may vote at the election.
19-23          (c)  If a majority of the votes cast at the election favor
19-24    abolishing LCMUA, LCMUA is abolished.   If, at the time of
19-25    abolition, LCMUA has outstanding bonds or other indebtedness
19-26    maturing beyond the year in which abolition occurs, the
19-27    Commissioners Court of Denton County, Texas, shall levy and cause
 20-1    to be collected in the same manner that county taxes are assessed
 20-2    and collected sufficient taxes on all taxable property within  the
 20-3    former territory of LCMUA to pay the principal of and interest on
 20-4    those bonds and other indebtedness when due.
 20-5          SECTION 22.  PUBLIC PURPOSE.  The accomplishment of the
 20-6    purposes stated in this Act is for the benefit of the people of
 20-7    this state and for the improvement of their properties and
 20-8    industries, and LCMUA, in carrying out the purposes of this Act,
 20-9    will be performing an essential public function under the
20-10    constitution.  LCMUA is not required to pay any tax or assessment
20-11    on any project, operations, equipment, or personal or real property
20-12    or any part thereof, and the bonds issued hereunder and their
20-13    transfer and the income therefrom, including the profits made on
20-14    the sale thereof, shall at all times be free from taxation within
20-15    this state.
20-16          SECTION 23.  TAX ASSESSOR-COLLECTOR.  The Denton County tax
20-17    assessor-collector may be used as a tax assessor and collector and
20-18    Denton Central Appraisal District may be designated as a board of
20-19    equalization and cause taxes to be assessed, valuations to be
20-20    equalized, and tax rolls to be prepared.  Absent cooperation with
20-21    Denton County and Denton Central Appraisal District, the board,
20-22    before the sale and delivery of LCMUA bonds payable wholly or
20-23    partially from ad valorem taxes, shall appoint a tax assessor and
20-24    collector and board of equalization and cause taxes to be assessed,
20-25    evaluations to be equalized, and tax rolls to be prepared.
20-26          SECTION 24.  STATUTORY INTERPRETATION.  Nothing in this Act
20-27    shall be interpreted as amending or repealing the statutes
 21-1    regarding the priorities of the use of water or any statute
 21-2    governing water control.
 21-3          SECTION 25.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
 21-4    (a)  The proper and legal notice of the intention to introduce this
 21-5    Act, setting forth the general substance of this Act, has been
 21-6    published as provided by law, and the notice and a copy of this Act
 21-7    have been furnished to all persons, agencies, officials, or
 21-8    entities to which they are required to be furnished by the
 21-9    constitution and other laws of this state, including the governor,
21-10    who has submitted the notice and Act to the Texas Natural Resource
21-11    Conservation Commission.
21-12          (b)  The Texas Natural Resource Conservation Commission has
21-13    filed its recommendations relating to this Act with the governor,
21-14    lieutenant governor, and speaker of the house of representatives
21-15    within the required time.
21-16          (c)  All requirements of the constitution and laws of this
21-17    state and the rules and procedures of the legislature with respect
21-18    to the notice, introduction, and passage of this Act are fulfilled
21-19    and accomplished. 
21-20          SECTION 26.  TRANSITION:  ELECTION OF DIRECTORS.  (a)  A
21-21    director who is serving on the effective date of this Act serves
21-22    until the director's successor is elected at the directors election
21-23    in 2000.
21-24          (b)  The three directors who receive the largest number of
21-25    votes at the election in 2000  serve four-year terms beginning in
21-26    2000.  The remaining two directors serve two-year terms beginning
21-27    in 2000.
 22-1          (c)  If there is a tie vote between  candidates for positions
 22-2    three, four, or five, the tie shall be settled between the tying
 22-3    directors by agreement of those directors. In the absence of an
 22-4    agreement,  the tying directors shall settle the tie by drawing a
 22-5    high card from a new sealed packaged deck of 52 playing cards.  The
 22-6    general manager of LCMUA shall shuffle the deck three times, name
 22-7    the candidate for whom the drawing is made, and draw from the deck
 22-8    with high card prevailing without reference to suit and with the
 22-9    ace being high card.  If drawing results in a tie, the manager
22-10    shall continue to draw after a reshuffle until there is no tie.
22-11    The high card wins the four-year term.
22-12          (d)  In 2002, two directors shall be elected to serve
22-13    four-year terms.
22-14          (e)  In 2004, three directors shall be elected to serve
22-15    four-year terms.
22-16          (f)  The appropriate number of directors shall be elected for
22-17    four-year terms in each subsequent even-numbered year in accordance
22-18    with the Election Code and Chapter 49, Water Code.
22-19          SECTION 27.  EMERGENCY.  The importance of this legislation
22-20    and the crowded condition of the calendars in both houses create an
22-21    emergency and an imperative public necessity that the
22-22    constitutional rule requiring bills to be read on three several
22-23    days in each house be suspended, and this rule is hereby suspended,
22-24    and that this Act take effect and be in force from and after its
22-25    passage, and it is so enacted.