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.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. CREATION; LEGISLATIVE DECLARATION. (a) A
1-6 conservation and reclamation district is created in Liberty County
1-7 to be known as the Tarkington Special Utility District, subject to
1-8 approval at a confirmation election as specified under Section 9 of
1-9 this Act. The district is a governmental agency and a body politic
1-10 and corporate.
1-11 (b) The district is created under and is essential to
1-12 accomplish the purposes of Section 59, Article XVI, Texas
1-13 Constitution.
1-14 SECTION 2. DEFINITION. In this Act, "district" means the
1-15 Tarkington Special Utility District.
1-16 SECTION 3. BOUNDARIES. The district includes all the
1-17 territory contained in the following described area:
1-18 BEGINNING at the intersection point of the east right-of-way line
1-19 of State Highway 321 with the centerline of Luce Bayou in the
1-20 Thomas B. Garrett Survey, Abstract No. 37, Liberty County, Texas;
1-21 THENCE in a southwesterly direction with the centerline and
1-22 downstream with said Luce Bayou to a point at the intersection with
1-23 the centerline of Tarkington Bayou;
1-24 THENCE in a northwesterly direction with the centerline and
2-1 upstream with said Tarkington Bayou to a point at the intersection
2-2 with the north line of the James McCoy Survey, Abstract No. 310;
2-3 THENCE Easterly with the said north line of the James McCoy Survey
2-4 to a point at the intersection of the centerline of Marsh Branch;
2-5 THENCE in a northeasterly direction with the centerline and
2-6 upstream with said Marsh Branch and the most easterly tributary
2-7 thereof to a point at the intersection with the north right-of-way
2-8 line of F.M. No. 787;
2-9 THENCE northeasterly with said north right-of-way line of F.M. No.
2-10 787 to a point in the east line of the Spencer Kirkham Survey,
2-11 Abstract No. 57, Liberty County, Texas, said east line also being
2-12 the most northerly west line of the F.J.C. Smiley Survey, Abstract
2-13 No. 345, Liberty County, Texas;
2-14 THENCE southerly with said line of the Spencer Kirkham Survey and
2-15 said west line of the F.J.C. Smiley Survey to the southeast corner
2-16 of said Spencer Kirkham Survey;
2-17 THENCE East to a point in the west line of that certain 64.3 acre
2-18 tract, now as formerly owned by Jesse McKinney, et al in said
2-19 F.J.C. Smiley Survey;
2-20 THENCE southerly with the west line of said 64.3 acre tract to the
2-21 southwest corner of said 64.3 acre tract, and being the northwest
2-22 corner of that certain 315 acre tract, now or formerly owned by
2-23 Mrs. Joe Franklin in said F.J.C. Smiley Survey;
2-24 THENCE continuing southerly with the west line of said 315 acre
2-25 tract to the southwest corner of said 315 acre tract and being the
2-26 northwest corner of that certain 576.84 acre tract, now or formerly
3-1 owned by J.F. McAdams in said F.J.C. Smiley Survey;
3-2 THENCE continuing southerly with the west line of said 576.84 acre
3-3 tract to the southeast corner of said 576.84 acre tract in the
3-4 south line of said F.J.C. Smiley Survey and being the north line of
3-5 the E.K. Davis Survey, Abstract No. 17, Liberty County, Texas;
3-6 THENCE easterly with said E.K. Davis Survey north line to the
3-7 northeast corner of said E.K. Davis Survey;
3-8 THENCE southerly with said E.K. David Survey east line and a
3-9 southerly extension thereof to a point in the south right-of-way
3-10 line of the Davis Hill Road;
3-11 THENCE westerly with said south right-of-way line of Davis Hill
3-12 Road to a point at the intersection with the east right-of-way line
3-13 of F.M. No. 2518;
3-14 THENCE southerly with said east right-of-way line of F.M. No. 2518
3-15 to a point at the intersection with the east right-of-way line of
3-16 F.M. No. 163;
3-17 THENCE continuing southerly with said east right-of-way line of
3-18 F.M. No. 163 to a point due west of the northwest corner of Pine
3-19 Meadows Subdivision, Section 1 and II, out of the Thomas Newman
3-20 Survey, Abstract No. 89, Liberty County, Texas, plat of which is
3-21 recorded in Volume 9, Page 68, Map Records of Liberty County,
3-22 Texas;
3-23 THENCE East to the northwest corner of said Pine Meadows
3-24 Subdivision;
3-25 THENCE North 88E 31N 57 East with the north line of Pine Meadows
3-26 Subdivision for a distance of 1357.11 feet to the northeast corner
4-1 of said Pine Meadows Subdivision;
4-2 THENCE South 01E 15N 41 East with the east line of said Pine
4-3 Meadows Subdivision a distance of 1470.04 feet to the southeast
4-4 corner of said Pine Meadows Subdivision;
4-5 THENCE South 87E 03N 50 West with the south line of said Pine
4-6 Meadows Subdivision to the most southerly southwest corner of said
4-7 Pine Meadows Subdivision in the east right-of-way line of F.M. No.
4-8 163;
4-9 THENCE Southerly along said east right-of-way line of F.M. No. 163
4-10 to a point at the intersection with the south right-of-way of F.M.
4-11 No. 1008;
4-12 THENCE Westerly with said south right-of-way line of F.M. No. 1008
4-13 to a point at the intersection with the east right-of-way line of
4-14 State Highway No. 321;
4-15 THENCE Southeasterly with said east right-of-way line of State
4-16 Highway no. 321 back to the POINT OF BEGINNING and containing
4-17 44,111 acres of land, more or less.
4-18 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
4-19 finds that the boundaries and field notes of the district form a
4-20 closure. A mistake in the field notes or in copying the field
4-21 notes in the legislative process does not affect the organization,
4-22 existence, or validity of the district, the right of the district
4-23 to issue any type of bonds or refunding bonds for the purposes for
4-24 which the district is created or to pay the principal of and
4-25 interest on the bonds, or the legality or operation of the district
4-26 or its governing body.
5-1 SECTION 5. FINDING OF BENEFIT. The legislature finds that
5-2 all of the land and other property included within the boundaries
5-3 of the district will be benefited by the works and projects that
5-4 are to be accomplished by the district under powers conferred by
5-5 Section 59, Article XVI, Texas Constitution, and that the district
5-6 is created to serve a public use and benefit.
5-7 SECTION 6. POWERS. (a) The district has all of the rights,
5-8 powers, privileges, authority, functions, and duties provided by
5-9 the general laws of this state applicable to special utility
5-10 districts created under Section 59, Article XVI, Texas
5-11 Constitution, including those provided by Chapters 49 and 65, Water
5-12 Code. This Act prevails over any provision of the general law that
5-13 is in conflict or inconsistent with this Act.
5-14 (b) The rights, powers, privileges, authority, functions,
5-15 and duties granted to the district are subject to the continuing
5-16 right of supervision of the state to be exercised by and through
5-17 the Texas Natural Resource Conservation Commission.
5-18 SECTION 7. BOARD OF DIRECTORS. (a) The district is
5-19 governed by a board of seven directors.
5-20 (b) Temporary directors serve until initial directors are
5-21 elected under Section 9 of this Act.
5-22 (c) Initial directors serve until permanent directors are
5-23 elected under Section 10 of this Act.
5-24 (d) Permanent directors serve staggered four-year terms.
5-25 (e) Each director must qualify to serve as director in the
5-26 manner provided by Section 49.055, Water Code.
6-1 (f) A director serves until the director's successor has
6-2 qualified.
6-3 SECTION 8. TEMPORARY BOARD OF DIRECTORS. (a) The temporary
6-4 board of directors is composed of:
6-5 (1) Donald Squier;
6-6 (2) Gene Smith;
6-7 (3) Kathy Hardin;
6-8 (4) Cecil Barnett;
6-9 (5) Steve Burt;
6-10 (6) William B. Holmes; and
6-11 (7) Alf Vien.
6-12 (b) If a temporary director does not qualify for office, the
6-13 remaining directors shall appoint a person to fill the vacancy. If
6-14 at any time the number of qualified directors is less than four for
6-15 any reason, the Texas Natural Resource Conservation Commission
6-16 shall appoint the necessary number of directors to fill all
6-17 vacancies on the board.
6-18 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
6-19 (a) The temporary board of directors shall call and hold an
6-20 election to confirm establishment of the district and to elect
6-21 seven initial directors as provided by Chapter 49, Water Code.
6-22 (b) Subsection (a), Section 41.001, Election Code, does not
6-23 apply to a confirmation and initial directors' election held as
6-24 provided by this section.
6-25 (c) The three directors elected who receive the fewest
6-26 number of votes shall serve until the next directors' election
7-1 following the confirmation and initial directors' election. The
7-2 four directors who receive the highest number of votes shall serve
7-3 until the second succeeding directors' election after the
7-4 confirmation and initial directors' election. In the event of a
7-5 tie, the persons who receive the same number of votes shall draw
7-6 lots for the office or term.
7-7 (d) If the establishment of the district has not been
7-8 confirmed at an election held under this section before the second
7-9 anniversary of the effective date of this Act, this Act expires on
7-10 that date.
7-11 SECTION 10. ELECTION OF DIRECTORS. (a) On the first
7-12 Saturday in May of each even-numbered year after the year in which
7-13 the confirmation and initial directors' election is held, an
7-14 election shall be held in the district to elect the appropriate
7-15 number of permanent directors to the board.
7-16 (b) The permanent directors may assign a position to each
7-17 director's office, in which case directors shall subsequently be
7-18 elected by position and not at large.
7-19 SECTION 11. ADDITIONAL POWERS. (a) The district as a
7-20 special utility district may issue bonds to provide for all
7-21 improvements and the maintenance of those improvements necessary to
7-22 achieve the purposes of Section 59, Article XVI, Texas
7-23 Constitution, and shall provide for the payment of the bonds solely
7-24 through revenue collected for that purpose as authorized by Chapter
7-25 65, Water Code.
7-26 (b) The district may enter into contracts for:
8-1 (1) the purchase or sale of both raw and treated
8-2 water;
8-3 (2) the transportation, treatment, and disposal of the
8-4 district's domestic, industrial, or communal waste;
8-5 (3) the transportation, treatment, and disposal of
8-6 domestic, industrial, or communal waste of others as provided by
8-7 Chapter 30, Water Code;
8-8 (4) the purchase, lease, use, management, control, or
8-9 operation of water treatment or distribution facilities or sewer
8-10 collection and treatment facilities, including all or part of
8-11 facilities or systems owned by other political subdivisions; and
8-12 (5) planning, surveying, investigating, or preparing
8-13 reports of any kind.
8-14 (c) The district may acquire, develop, and use underground
8-15 or surface water rights.
8-16 SECTION 12. DISTRICT FACILITIES. (a) The district by rule
8-17 may establish standard specifications for facilities that are
8-18 designed or constructed to provide:
8-19 (1) storage, treatment, or transportation of water for
8-20 domestic, municipal, or industrial purposes;
8-21 (2) collection, treatment, and disposal of sewage; or
8-22 (3) disposal of solid waste.
8-23 (b) The board shall hold a public hearing on the adoption of
8-24 standards for facilities of the district. The board shall give
8-25 notice of the hearing to the Texas Natural Resource Conservation
8-26 Commission and the Texas Department of Health and shall publish
9-1 notice of the hearing in a newspaper with general circulation in
9-2 the district not later than the 10th day before the date set for
9-3 the hearing.
9-4 (c) Appeal for an order adopting standard specifications may
9-5 be made to a district court of Liberty County, and the substantial
9-6 evidence rule applies.
9-7 (d) The district may seek injunctive relief against the
9-8 construction of, addition to, or operation of any facility within
9-9 the district's jurisdiction if the construction of, addition to, or
9-10 operation of the facility does not comply with the district's
9-11 standard specifications.
9-12 (e) The district shall file the district's standard
9-13 specifications with the Texas Natural Resource Conservation
9-14 Commission.
9-15 (f) Specifications adopted under this section do not apply
9-16 within the boundaries or extraterritorial jurisdiction of a
9-17 municipality unless the governing body of the municipality by
9-18 resolution gives its approval.
9-19 SECTION 13. CONSTRUCTION AND ACQUISITION OF SYSTEMS.
9-20 (a) The district may acquire any existing water system, sewer
9-21 system, or water and sewer system that serves all or part of the
9-22 territory located inside or outside the district's boundaries.
9-23 (b) The district may improve and extend an acquired system
9-24 or may construct a water system, a sewer system, or a water and
9-25 sewer system.
9-26 (c) Construction contracts are governed by the competitive
10-1 bidding requirement of the Water Code. Contracts for the
10-2 acquisition of existing water or sewer facilities may be made on
10-3 terms agreed on by the parties.
10-4 SECTION 14. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
10-5 (a) The proper and legal notice of the intention to introduce this
10-6 Act, setting forth the general substance of this Act, has been
10-7 published as provided by law, and the notice and a copy of this Act
10-8 has been furnished to all persons, agencies, officials, or entities
10-9 to which they are required to be furnished by the constitution and
10-10 laws of this state, including the governor, who has submitted the
10-11 notice and Act to the Texas Natural Resource Conservation
10-12 Commission.
10-13 (b) The Texas Natural Resource Conservation Commission has
10-14 filed its recommendations relating to this Act with the governor,
10-15 lieutenant governor, and speaker of the house of representatives
10-16 within the required time.
10-17 (c) The general law relating to consent by political
10-18 subdivisions to the creation of conservation and reclamation
10-19 districts and the inclusion of land in those districts has been
10-20 complied with, and all requirements of the constitution and laws of
10-21 this state and the rules and procedures of this legislature with
10-22 respect to the notice, introduction, and passage of this Act are
10-23 fulfilled and accomplished.
10-24 SECTION 15. EMERGENCY. The importance of this legislation
10-25 and the crowded condition of the calendars in both houses create an
10-26 emergency and an imperative public necessity that the
11-1 constitutional rule requiring bills to be read on three several
11-2 days in each house be suspended, and this rule is hereby suspended,
11-3 and that this Act take effect and be in force from and after its
11-4 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1855 passed the Senate on
May 11, 1999, by the following vote: Yeas 30, Nays 0; and that the
Senate concurred in House amendment on May 28, 1999, by the
following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1855 passed the House, with
amendment, on May 25, 1999, by the following vote: Yeas 145,
Nays 0, two present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor