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.