By Bernsen S.B. No. 1855
76R5431 BDH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 functions, operations, and financing of the Tarkington Special
1-4 Utility District.
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
2-27 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
3-5 of 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
3-27 of said Pine Meadows Subdivision;
4-1 THENCE South 01E 15N 41 East with the east line of said Pine
4-2 Meadows Subdivision a distance of 1470.04 feet to the southeast
4-3 corner of said Pine Meadows Subdivision;
4-4 THENCE South 87E 03N 50 West with the south line of said Pine
4-5 Meadows Subdivision to the most southerly southwest corner of said
4-6 Pine Meadows Subdivision in the east right-of-way line of F.M. No.
4-7 163;
4-8 THENCE Southerly along said east right-of-way line of F.M. No. 163
4-9 to a point at the intersection with the south right-of-way of F.M.
4-10 No. 1008;
4-11 THENCE Westerly with said south right-of-way line of F.M. No. 1008
4-12 to a point at the intersection with the east right-of-way line of
4-13 State Highway No. 321;
4-14 THENCE Southeasterly with said east right-of-way line of State
4-15 Highway no. 321 back to the POINT OF BEGINNING and containing
4-16 44,111 acres of land, more or less.
4-17 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
4-18 finds that the boundaries and field notes of the district form a
4-19 closure. A mistake in the field notes or in copying the field
4-20 notes in the legislative process does not affect the organization,
4-21 existence, or validity of the district, the right of the district
4-22 to issue any type of bonds or refunding bonds for the purposes for
4-23 which the district is created or to pay the principal of and
4-24 interest on the bonds, or the legality or operation of the district
4-25 or its governing body.
4-26 SECTION 5. FINDING OF BENEFIT. The legislature finds that
4-27 all of the land and other property included within the boundaries
5-1 of the district will be benefited by the works and projects that
5-2 are to be accomplished by the district under powers conferred by
5-3 Section 59, Article XVI, Texas Constitution, and that the district
5-4 is created to serve a public use and benefit.
5-5 SECTION 6. POWERS. (a) The district has all of the rights,
5-6 powers, privileges, authority, functions, and duties provided by
5-7 the general laws of this state applicable to special utility
5-8 districts created under Section 59, Article XVI, Texas
5-9 Constitution, including those provided by Chapters 49 and 65, Water
5-10 Code. This Act prevails over any provision of the general law that
5-11 is in conflict or inconsistent with this Act.
5-12 (b) The rights, powers, privileges, authority, functions,
5-13 and duties granted to the district are subject to the continuing
5-14 right of supervision of the state to be exercised by and through
5-15 the Texas Natural Resource Conservation Commission.
5-16 SECTION 7. BOARD OF DIRECTORS. (a) The district is
5-17 governed by a board of seven directors.
5-18 (b) Temporary directors serve until initial directors are
5-19 elected under Section 9 of this Act.
5-20 (c) Initial directors serve until permanent directors are
5-21 elected under Section 10 of this Act.
5-22 (d) Permanent directors serve staggered four-year terms.
5-23 (e) Each director must qualify to serve as director in the
5-24 manner provided by Section 49.055, Water Code.
5-25 (f) A director serves until the director's successor has
5-26 qualified.
5-27 SECTION 8. TEMPORARY BOARD OF DIRECTORS. (a) The temporary
6-1 board of directors is composed of:
6-2 (1) Donald Squier;
6-3 (2) Gene Smith;
6-4 (3) Kathy Hardin;
6-5 (4) Cecil Barnett;
6-6 (5) Steve Burt;
6-7 (6) William B. Holmes; and
6-8 (7) Alf Vien.
6-9 (b) If a temporary director does not qualify for office, the
6-10 remaining directors shall appoint a person to fill the vacancy. If
6-11 at any time the number of qualified directors is less than four for
6-12 any reason, the Texas Natural Resource Conservation Commission
6-13 shall appoint the necessary number of directors to fill all
6-14 vacancies on the board.
6-15 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
6-16 (a) The temporary board of directors shall call and hold an
6-17 election to confirm establishment of the district and to elect
6-18 seven initial directors as provided by Chapter 49, Water Code.
6-19 (b) Section 41.001(a), Election Code, does not apply to a
6-20 confirmation and initial directors' election held as provided by
6-21 this section.
6-22 (c) The three directors elected who receive the fewest
6-23 number of votes shall serve until the next directors' election
6-24 following the confirmation and initial directors' election. The
6-25 four directors who receive the highest number of votes shall serve
6-26 until the second succeeding directors' election after the
6-27 confirmation and initial directors' election. In the event of a
7-1 tie, the persons who receive the same number of votes shall draw
7-2 lots for the office or term.
7-3 (d) If the establishment of the district has not been
7-4 confirmed at an election held under this section before the second
7-5 anniversary of the effective date of this Act, this Act expires on
7-6 that date.
7-7 SECTION 10. ELECTION OF DIRECTORS. (a) On the first
7-8 Saturday in May of each even-numbered year after the year in which
7-9 the confirmation and initial directors' election is held, an
7-10 election shall be held in the district to elect the appropriate
7-11 number of permanent directors to the board.
7-12 (b) The permanent directors may assign a position to each
7-13 director's office, in which case directors shall subsequently be
7-14 elected by position and not at large.
7-15 SECTION 11. ADDITIONAL POWERS. (a) The district as a
7-16 special utility district may issue bonds to provide for all
7-17 improvements and the maintenance of those improvements necessary to
7-18 achieve the purposes of Section 59, Article XVI, Texas
7-19 Constitution, and shall provide for the payment of the bonds solely
7-20 through revenue collected for that purpose as authorized by Chapter
7-21 65, Water Code.
7-22 (b) The district may enter into contracts for:
7-23 (1) the purchase or sale of both raw and treated
7-24 water;
7-25 (2) the transportation, treatment, and disposal of the
7-26 district's domestic, industrial, or communal waste;
7-27 (3) the transportation, treatment, and disposal of
8-1 domestic, industrial, or communal waste of others as provided by
8-2 Chapter 30, Water Code;
8-3 (4) the purchase, lease, use, management, control, or
8-4 operation of water treatment or distribution facilities or sewer
8-5 collection and treatment facilities, including all or part of
8-6 facilities or systems owned by other political subdivisions; and
8-7 (5) planning, surveying, investigating, or preparing
8-8 reports of any kind.
8-9 (c) The district may acquire, develop, and use underground
8-10 or surface water rights.
8-11 SECTION 12. DISTRICT FACILITIES. (a) The district by rule
8-12 may establish standard specifications for facilities that are
8-13 designed or constructed to provide:
8-14 (1) storage, treatment, or transportation of water for
8-15 domestic, municipal, or industrial purposes;
8-16 (2) collection, treatment, and disposal of sewage; or
8-17 (3) disposal of solid waste.
8-18 (b) The board shall hold a public hearing on the adoption of
8-19 standards for facilities of the district. The board shall give
8-20 notice of the hearing to the Texas Natural Resource Conservation
8-21 Commission and the Texas Department of Health and shall publish
8-22 notice of the hearing in a newspaper with general circulation in
8-23 the district not later than the 10th day before the date set for
8-24 the hearing.
8-25 (c) Appeal for an order adopting standard specifications may
8-26 be made to a district court of Liberty County, and the substantial
8-27 evidence rule applies.
9-1 (d) The district may seek injunctive relief against the
9-2 construction of, addition to, or operation of any facility within
9-3 the district's jurisdiction if the construction of, addition to, or
9-4 operation of the facility does not comply with the district's
9-5 standard specifications.
9-6 (e) The district shall file the district's standard
9-7 specifications with the Texas Natural Resource Conservation
9-8 Commission.
9-9 (f) Specifications adopted under this section do not apply
9-10 within the boundaries or extraterritorial jurisdiction of a
9-11 municipality unless the governing body of the municipality by
9-12 resolution gives its approval.
9-13 SECTION 13. CONSTRUCTION AND ACQUISITION OF SYSTEMS.
9-14 (a) The district may acquire any existing water system, sewer
9-15 system, or water and sewer system that serves all or part of the
9-16 territory located inside or outside the district's boundaries.
9-17 (b) The district may improve and extend an acquired system
9-18 or may construct a water system, a sewer system, or a water and
9-19 sewer system.
9-20 (c) Construction contracts are governed by the competitive
9-21 bidding requirement of the Water Code. Contracts for the
9-22 acquisition of existing water or sewer facilities may be made on
9-23 terms agreed on by the parties.
9-24 SECTION 14. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
9-25 (a) The proper and legal notice of the intention to introduce this
9-26 Act, setting forth the general substance of this Act, has been
9-27 published as provided by law, and the notice and a copy of this Act
10-1 has been furnished to all persons, agencies, officials, or entities
10-2 to which they are required to be furnished by the constitution and
10-3 laws of this state, including the governor, who has submitted the
10-4 notice and Act to the Texas Natural Resource Conservation
10-5 Commission.
10-6 (b) The Texas Natural Resource Conservation Commission has
10-7 filed its recommendations relating to this Act with the governor,
10-8 lieutenant governor, and speaker of the house of representatives
10-9 within the required time.
10-10 (c) The general law relating to consent by political
10-11 subdivisions to the creation of conservation and reclamation
10-12 districts and the inclusion of land in those districts has been
10-13 complied with, and all requirements of the constitution and laws of
10-14 this state and the rules and procedures of this legislature with
10-15 respect to the notice, introduction, and passage of this Act are
10-16 fulfilled and accomplished.
10-17 SECTION 15. EMERGENCY. The importance of this legislation
10-18 and the crowded condition of the calendars in both houses create an
10-19 emergency and an imperative public necessity that the
10-20 constitutional rule requiring bills to be read on three several
10-21 days in each house be suspended, and this rule is hereby suspended,
10-22 and that this Act take effect and be in force from and after its
10-23 passage, and it is so enacted.