By: Bernsen S.B. No. 1855 A BILL TO BE ENTITLED AN ACT 1-1 relating to the creation, administration, powers, duties, 1-2 functions, operations, and financing of the Tarkington Special 1-3 Utility District; granting the power of eminent domain and the 1-4 authority to issue bonds; authorizing a tax. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. CREATION; LEGISLATIVE DECLARATION. (a) A 1-7 conservation and reclamation district is created in Liberty County 1-8 to be known as the Tarkington Special Utility District, subject to 1-9 approval at a confirmation election as specified under Section 9 of 1-10 this Act. The district is a governmental agency and a body politic 1-11 and corporate. 1-12 (b) The district is created under and is essential to 1-13 accomplish the purposes of Section 59, Article XVI, Texas 1-14 Constitution. 1-15 SECTION 2. DEFINITION. In this Act, "district" means the 1-16 Tarkington Special Utility District. 1-17 SECTION 3. BOUNDARIES. The district includes all the 1-18 territory contained in the following described area: 1-19 BEGINNING at the intersection point of the east right-of-way line 1-20 of State Highway 321 with the centerline of Luce Bayou in the 1-21 Thomas B. Garrett Survey, Abstract No. 37, Liberty County, Texas; 1-22 THENCE in a southwesterly direction with the centerline and 1-23 downstream with said Luce Bayou to a point at the intersection with 1-24 the centerline of Tarkington Bayou; 2-1 THENCE in a northwesterly direction with the centerline and 2-2 upstream with said Tarkington Bayou to a point at the intersection 2-3 with the north line of the James McCoy Survey, Abstract No. 310; 2-4 THENCE Easterly with the said north line of the James McCoy Survey 2-5 to a point at the intersection of the centerline of Marsh Branch; 2-6 THENCE in a northeasterly direction with the centerline and 2-7 upstream with said Marsh Branch and the most easterly tributary 2-8 thereof to a point at the intersection with the north right-of-way 2-9 line of F.M. No. 787; 2-10 THENCE northeasterly with said north right-of-way line of F.M. No. 2-11 787 to a point in the east line of the Spencer Kirkham Survey, 2-12 Abstract No. 57, Liberty County, Texas, said east line also being 2-13 the most northerly west line of the F.J.C. Smiley Survey, Abstract 2-14 No. 345, Liberty County, Texas; 2-15 THENCE southerly with said line of the Spencer Kirkham Survey and 2-16 said west line of the F.J.C. Smiley Survey to the southeast corner 2-17 of said Spencer Kirkham Survey; 2-18 THENCE East to a point in the west line of that certain 64.3 acre 2-19 tract, now as formerly owned by Jesse McKinney, et al in said 2-20 F.J.C. Smiley Survey; 2-21 THENCE southerly with the west line of said 64.3 acre tract to the 2-22 southwest corner of said 64.3 acre tract, and being the northwest 2-23 corner of that certain 315 acre tract, now or formerly owned by 2-24 Mrs. Joe Franklin in said F.J.C. Smiley Survey; 2-25 THENCE continuing southerly with the west line of said 315 acre 2-26 tract to the southwest corner of said 315 acre tract and being the 3-1 northwest corner of that certain 576.84 acre tract, now or formerly 3-2 owned by J.F. McAdams in said F.J.C. Smiley Survey; 3-3 THENCE continuing southerly with the west line of said 576.84 acre 3-4 tract to the southeast corner of said 576.84 acre tract in the 3-5 south line of said F.J.C. Smiley Survey and being the north line of 3-6 the E.K. Davis Survey, Abstract No. 17, Liberty County, Texas; 3-7 THENCE easterly with said E.K. Davis Survey north line to the 3-8 northeast corner of said E.K. Davis Survey; 3-9 THENCE southerly with said E.K. David Survey east line and a 3-10 southerly extension thereof to a point in the south right-of-way 3-11 line of the Davis Hill Road; 3-12 THENCE westerly with said south right-of-way line of Davis Hill 3-13 Road to a point at the intersection with the east right-of-way line 3-14 of F.M. No. 2518; 3-15 THENCE southerly with said east right-of-way line of F.M. No. 2518 3-16 to a point at the intersection with the east right-of-way line of 3-17 F.M. No. 163; 3-18 THENCE continuing southerly with said east right-of-way line of 3-19 F.M. No. 163 to a point due west of the northwest corner of Pine 3-20 Meadows Subdivision, Section 1 and II, out of the Thomas Newman 3-21 Survey, Abstract No. 89, Liberty County, Texas, plat of which is 3-22 recorded in Volume 9, Page 68, Map Records of Liberty County, 3-23 Texas; 3-24 THENCE East to the northwest corner of said Pine Meadows 3-25 Subdivision; 3-26 THENCE North 88E 31N 57 East with the north line of Pine Meadows 4-1 Subdivision for a distance of 1357.11 feet to the northeast corner 4-2 of said Pine Meadows Subdivision; 4-3 THENCE South 01E 15N 41 East with the east line of said Pine 4-4 Meadows Subdivision a distance of 1470.04 feet to the southeast 4-5 corner of said Pine Meadows Subdivision; 4-6 THENCE South 87E 03N 50 West with the south line of said Pine 4-7 Meadows Subdivision to the most southerly southwest corner of said 4-8 Pine Meadows Subdivision in the east right-of-way line of F.M. No. 4-9 163; 4-10 THENCE Southerly along said east right-of-way line of F.M. No. 163 4-11 to a point at the intersection with the south right-of-way of F.M. 4-12 No. 1008; 4-13 THENCE Westerly with said south right-of-way line of F.M. No. 1008 4-14 to a point at the intersection with the east right-of-way line of 4-15 State Highway No. 321; 4-16 THENCE Southeasterly with said east right-of-way line of State 4-17 Highway no. 321 back to the POINT OF BEGINNING and containing 4-18 44,111 acres of land, more or less. 4-19 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature 4-20 finds that the boundaries and field notes of the district form a 4-21 closure. A mistake in the field notes or in copying the field 4-22 notes in the legislative process does not affect the organization, 4-23 existence, or validity of the district, the right of the district 4-24 to issue any type of bonds or refunding bonds for the purposes for 4-25 which the district is created or to pay the principal of and 4-26 interest on the bonds, or the legality or operation of the district 5-1 or its governing body. 5-2 SECTION 5. FINDING OF BENEFIT. The legislature finds that 5-3 all of the land and other property included within the boundaries 5-4 of the district will be benefited by the works and projects that 5-5 are to be accomplished by the district under powers conferred by 5-6 Section 59, Article XVI, Texas Constitution, and that the district 5-7 is created to serve a public use and benefit. 5-8 SECTION 6. POWERS. (a) The district has all of the rights, 5-9 powers, privileges, authority, functions, and duties provided by 5-10 the general laws of this state applicable to special utility 5-11 districts created under Section 59, Article XVI, Texas 5-12 Constitution, including those provided by Chapters 49 and 65, Water 5-13 Code. This Act prevails over any provision of the general law that 5-14 is in conflict or inconsistent with this Act. 5-15 (b) The rights, powers, privileges, authority, functions, 5-16 and duties granted to the district are subject to the continuing 5-17 right of supervision of the state to be exercised by and through 5-18 the Texas Natural Resource Conservation Commission. 5-19 SECTION 7. BOARD OF DIRECTORS. (a) The district is 5-20 governed by a board of seven directors. 5-21 (b) Temporary directors serve until initial directors are 5-22 elected under Section 9 of this Act. 5-23 (c) Initial directors serve until permanent directors are 5-24 elected under Section 10 of this Act. 5-25 (d) Permanent directors serve staggered four-year terms. 5-26 (e) Each director must qualify to serve as director in the 6-1 manner provided by Section 49.055, Water Code. 6-2 (f) A director serves until the director's successor has 6-3 qualified. 6-4 SECTION 8. TEMPORARY BOARD OF DIRECTORS. (a) The temporary 6-5 board of directors is composed of: 6-6 (1) Donald Squier; 6-7 (2) Gene Smith; 6-8 (3) Kathy Hardin; 6-9 (4) Cecil Barnett; 6-10 (5) Steve Burt; 6-11 (6) William B. Holmes; and 6-12 (7) Alf Vien. 6-13 (b) If a temporary director does not qualify for office, the 6-14 remaining directors shall appoint a person to fill the vacancy. If 6-15 at any time the number of qualified directors is less than four for 6-16 any reason, the Texas Natural Resource Conservation Commission 6-17 shall appoint the necessary number of directors to fill all 6-18 vacancies on the board. 6-19 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. 6-20 (a) The temporary board of directors shall call and hold an 6-21 election to confirm establishment of the district and to elect 6-22 seven initial directors as provided by Chapter 49, Water Code. 6-23 (b) Subsection (a), Section 41.001, Election Code, does not 6-24 apply to a confirmation and initial directors' election held as 6-25 provided by this section. 6-26 (c) The three directors elected who receive the fewest 7-1 number of votes shall serve until the next directors' election 7-2 following the confirmation and initial directors' election. The 7-3 four directors who receive the highest number of votes shall serve 7-4 until the second succeeding directors' election after the 7-5 confirmation and initial directors' election. In the event of a 7-6 tie, the persons who receive the same number of votes shall draw 7-7 lots for the office or term. 7-8 (d) If the establishment of the district has not been 7-9 confirmed at an election held under this section before the second 7-10 anniversary of the effective date of this Act, this Act expires on 7-11 that date. 7-12 SECTION 10. ELECTION OF DIRECTORS. (a) On the first 7-13 Saturday in May of each even-numbered year after the year in which 7-14 the confirmation and initial directors' election is held, an 7-15 election shall be held in the district to elect the appropriate 7-16 number of permanent directors to the board. 7-17 (b) The permanent directors may assign a position to each 7-18 director's office, in which case directors shall subsequently be 7-19 elected by position and not at large. 7-20 SECTION 11. ADDITIONAL POWERS. (a) The district as a 7-21 special utility district may issue bonds to provide for all 7-22 improvements and the maintenance of those improvements necessary to 7-23 achieve the purposes of Section 59, Article XVI, Texas 7-24 Constitution, and shall provide for the payment of the bonds solely 7-25 through revenue collected for that purpose as authorized by Chapter 7-26 65, Water Code. 8-1 (b) The district may enter into contracts for: 8-2 (1) the purchase or sale of both raw and treated 8-3 water; 8-4 (2) the transportation, treatment, and disposal of the 8-5 district's domestic, industrial, or communal waste; 8-6 (3) the transportation, treatment, and disposal of 8-7 domestic, industrial, or communal waste of others as provided by 8-8 Chapter 30, Water Code; 8-9 (4) the purchase, lease, use, management, control, or 8-10 operation of water treatment or distribution facilities or sewer 8-11 collection and treatment facilities, including all or part of 8-12 facilities or systems owned by other political subdivisions; and 8-13 (5) planning, surveying, investigating, or preparing 8-14 reports of any kind. 8-15 (c) The district may acquire, develop, and use underground 8-16 or surface water rights. 8-17 SECTION 12. DISTRICT FACILITIES. (a) The district by rule 8-18 may establish standard specifications for facilities that are 8-19 designed or constructed to provide: 8-20 (1) storage, treatment, or transportation of water for 8-21 domestic, municipal, or industrial purposes; 8-22 (2) collection, treatment, and disposal of sewage; or 8-23 (3) disposal of solid waste. 8-24 (b) The board shall hold a public hearing on the adoption of 8-25 standards for facilities of the district. The board shall give 8-26 notice of the hearing to the Texas Natural Resource Conservation 9-1 Commission and the Texas Department of Health and shall publish 9-2 notice of the hearing in a newspaper with general circulation in 9-3 the district not later than the 10th day before the date set for 9-4 the hearing. 9-5 (c) Appeal for an order adopting standard specifications may 9-6 be made to a district court of Liberty County, and the substantial 9-7 evidence rule applies. 9-8 (d) The district may seek injunctive relief against the 9-9 construction of, addition to, or operation of any facility within 9-10 the district's jurisdiction if the construction of, addition to, or 9-11 operation of the facility does not comply with the district's 9-12 standard specifications. 9-13 (e) The district shall file the district's standard 9-14 specifications with the Texas Natural Resource Conservation 9-15 Commission. 9-16 (f) Specifications adopted under this section do not apply 9-17 within the boundaries or extraterritorial jurisdiction of a 9-18 municipality unless the governing body of the municipality by 9-19 resolution gives its approval. 9-20 SECTION 13. CONSTRUCTION AND ACQUISITION OF SYSTEMS. 9-21 (a) The district may acquire any existing water system, sewer 9-22 system, or water and sewer system that serves all or part of the 9-23 territory located inside or outside the district's boundaries. 9-24 (b) The district may improve and extend an acquired system 9-25 or may construct a water system, a sewer system, or a water and 9-26 sewer system. 10-1 (c) Construction contracts are governed by the competitive 10-2 bidding requirement of the Water Code. Contracts for the 10-3 acquisition of existing water or sewer facilities may be made on 10-4 terms agreed on by the parties. 10-5 SECTION 14. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 10-6 (a) The proper and legal notice of the intention to introduce this 10-7 Act, setting forth the general substance of this Act, has been 10-8 published as provided by law, and the notice and a copy of this Act 10-9 has been furnished to all persons, agencies, officials, or entities 10-10 to which they are required to be furnished by the constitution and 10-11 laws of this state, including the governor, who has submitted the 10-12 notice and Act to the Texas Natural Resource Conservation 10-13 Commission. 10-14 (b) The Texas Natural Resource Conservation Commission has 10-15 filed its recommendations relating to this Act with the governor, 10-16 lieutenant governor, and speaker of the house of representatives 10-17 within the required time. 10-18 (c) The general law relating to consent by political 10-19 subdivisions to the creation of conservation and reclamation 10-20 districts and the inclusion of land in those districts has been 10-21 complied with, and all requirements of the constitution and laws of 10-22 this state and the rules and procedures of this legislature with 10-23 respect to the notice, introduction, and passage of this Act are 10-24 fulfilled and accomplished. 10-25 SECTION 15. EMERGENCY. The importance of this legislation 10-26 and the crowded condition of the calendars in both houses create an 11-1 emergency and an imperative public necessity that the 11-2 constitutional rule requiring bills to be read on three several 11-3 days in each house be suspended, and this rule is hereby suspended, 11-4 and that this Act take effect and be in force from and after its 11-5 passage, and it is so enacted.