1-1 By: Bernsen S.B. No. 1855 1-2 (In the Senate - Filed April 12, 1999; April 13, 1999, read 1-3 first time and referred to Committee on Natural Resources; 1-4 May 5, 1999, reported favorably by the following vote: Yeas 6, 1-5 Nays 0; May 5, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the creation, administration, powers, duties, 1-9 functions, operations, and financing of the Tarkington Special 1-10 Utility District; granting the power of eminent domain and the 1-11 authority to issue bonds; authorizing a tax. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. CREATION; LEGISLATIVE DECLARATION. (a) A 1-14 conservation and reclamation district is created in Liberty County 1-15 to be known as the Tarkington Special Utility District, subject to 1-16 approval at a confirmation election as specified under Section 9 of 1-17 this Act. The district is a governmental agency and a body politic 1-18 and corporate. 1-19 (b) The district is created under and is essential to 1-20 accomplish the purposes of Section 59, Article XVI, Texas 1-21 Constitution. 1-22 SECTION 2. DEFINITION. In this Act, "district" means the 1-23 Tarkington Special Utility District. 1-24 SECTION 3. BOUNDARIES. The district includes all the 1-25 territory contained in the following described area: 1-26 BEGINNING at the intersection point of the east right-of-way line 1-27 of State Highway 321 with the centerline of Luce Bayou in the 1-28 Thomas B. Garrett Survey, Abstract No. 37, Liberty County, Texas; 1-29 THENCE in a southwesterly direction with the centerline and 1-30 downstream with said Luce Bayou to a point at the intersection with 1-31 the centerline of Tarkington Bayou; 1-32 THENCE in a northwesterly direction with the centerline and 1-33 upstream with said Tarkington Bayou to a point at the intersection 1-34 with the north line of the James McCoy Survey, Abstract No. 310; 1-35 THENCE Easterly with the said north line of the James McCoy Survey 1-36 to a point at the intersection of the centerline of Marsh Branch; 1-37 THENCE in a northeasterly direction with the centerline and 1-38 upstream with said Marsh Branch and the most easterly tributary 1-39 thereof to a point at the intersection with the north right-of-way 1-40 line of F.M. No. 787; 1-41 THENCE northeasterly with said north right-of-way line of F.M. No. 1-42 787 to a point in the east line of the Spencer Kirkham Survey, 1-43 Abstract No. 57, Liberty County, Texas, said east line also being 1-44 the most northerly west line of the F.J.C. Smiley Survey, Abstract 1-45 No. 345, Liberty County, Texas; 1-46 THENCE southerly with said line of the Spencer Kirkham Survey and 1-47 said west line of the F.J.C. Smiley Survey to the southeast corner 1-48 of said Spencer Kirkham Survey; 1-49 THENCE East to a point in the west line of that certain 64.3 acre 1-50 tract, now as formerly owned by Jesse McKinney, et al in said 1-51 F.J.C. Smiley Survey; 1-52 THENCE southerly with the west line of said 64.3 acre tract to the 1-53 southwest corner of said 64.3 acre tract, and being the northwest 1-54 corner of that certain 315 acre tract, now or formerly owned by 1-55 Mrs. Joe Franklin in said F.J.C. Smiley Survey; 1-56 THENCE continuing southerly with the west line of said 315 acre 1-57 tract to the southwest corner of said 315 acre tract and being the 1-58 northwest corner of that certain 576.84 acre tract, now or formerly 1-59 owned by J.F. McAdams in said F.J.C. Smiley Survey; 1-60 THENCE continuing southerly with the west line of said 576.84 acre 1-61 tract to the southeast corner of said 576.84 acre tract in the 1-62 south line of said F.J.C. Smiley Survey and being the north line of 1-63 the E.K. Davis Survey, Abstract No. 17, Liberty County, Texas; 1-64 THENCE easterly with said E.K. Davis Survey north line to the 2-1 northeast corner of said E.K. Davis Survey; 2-2 THENCE southerly with said E.K. David Survey east line and a 2-3 southerly extension thereof to a point in the south right-of-way 2-4 line of the Davis Hill Road; 2-5 THENCE westerly with said south right-of-way line of Davis Hill 2-6 Road to a point at the intersection with the east right-of-way line 2-7 of F.M. No. 2518; 2-8 THENCE southerly with said east right-of-way line of F.M. No. 2518 2-9 to a point at the intersection with the east right-of-way line of 2-10 F.M. No. 163; 2-11 THENCE continuing southerly with said east right-of-way line of 2-12 F.M. No. 163 to a point due west of the northwest corner of Pine 2-13 Meadows Subdivision, Section 1 and II, out of the Thomas Newman 2-14 Survey, Abstract No. 89, Liberty County, Texas, plat of which is 2-15 recorded in Volume 9, Page 68, Map Records of Liberty County, 2-16 Texas; 2-17 THENCE East to the northwest corner of said Pine Meadows 2-18 Subdivision; 2-19 THENCE North 88E 31N 57 East with the north line of Pine Meadows 2-20 Subdivision for a distance of 1357.11 feet to the northeast corner 2-21 of said Pine Meadows Subdivision; 2-22 THENCE South 01E 15N 41 East with the east line of said Pine 2-23 Meadows Subdivision a distance of 1470.04 feet to the southeast 2-24 corner of said Pine Meadows Subdivision; 2-25 THENCE South 87E 03N 50 West with the south line of said Pine 2-26 Meadows Subdivision to the most southerly southwest corner of said 2-27 Pine Meadows Subdivision in the east right-of-way line of F.M. No. 2-28 163; 2-29 THENCE Southerly along said east right-of-way line of F.M. No. 163 2-30 to a point at the intersection with the south right-of-way of F.M. 2-31 No. 1008; 2-32 THENCE Westerly with said south right-of-way line of F.M. No. 1008 2-33 to a point at the intersection with the east right-of-way line of 2-34 State Highway No. 321; 2-35 THENCE Southeasterly with said east right-of-way line of State 2-36 Highway no. 321 back to the POINT OF BEGINNING and containing 2-37 44,111 acres of land, more or less. 2-38 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature 2-39 finds that the boundaries and field notes of the district form a 2-40 closure. A mistake in the field notes or in copying the field 2-41 notes in the legislative process does not affect the organization, 2-42 existence, or validity of the district, the right of the district 2-43 to issue any type of bonds or refunding bonds for the purposes for 2-44 which the district is created or to pay the principal of and 2-45 interest on the bonds, or the legality or operation of the district 2-46 or its governing body. 2-47 SECTION 5. FINDING OF BENEFIT. The legislature finds that 2-48 all of the land and other property included within the boundaries 2-49 of the district will be benefited by the works and projects that 2-50 are to be accomplished by the district under powers conferred by 2-51 Section 59, Article XVI, Texas Constitution, and that the district 2-52 is created to serve a public use and benefit. 2-53 SECTION 6. POWERS. (a) The district has all of the rights, 2-54 powers, privileges, authority, functions, and duties provided by 2-55 the general laws of this state applicable to special utility 2-56 districts created under Section 59, Article XVI, Texas 2-57 Constitution, including those provided by Chapters 49 and 65, Water 2-58 Code. This Act prevails over any provision of the general law that 2-59 is in conflict or inconsistent with this Act. 2-60 (b) The rights, powers, privileges, authority, functions, 2-61 and duties granted to the district are subject to the continuing 2-62 right of supervision of the state to be exercised by and through 2-63 the Texas Natural Resource Conservation Commission. 2-64 SECTION 7. BOARD OF DIRECTORS. (a) The district is 2-65 governed by a board of seven directors. 2-66 (b) Temporary directors serve until initial directors are 2-67 elected under Section 9 of this Act. 2-68 (c) Initial directors serve until permanent directors are 2-69 elected under Section 10 of this Act. 3-1 (d) Permanent directors serve staggered four-year terms. 3-2 (e) Each director must qualify to serve as director in the 3-3 manner provided by Section 49.055, Water Code. 3-4 (f) A director serves until the director's successor has 3-5 qualified. 3-6 SECTION 8. TEMPORARY BOARD OF DIRECTORS. (a) The temporary 3-7 board of directors is composed of: 3-8 (1) Donald Squier; 3-9 (2) Gene Smith; 3-10 (3) Kathy Hardin; 3-11 (4) Cecil Barnett; 3-12 (5) Steve Burt; 3-13 (6) William B. Holmes; and 3-14 (7) Alf Vien. 3-15 (b) If a temporary director does not qualify for office, the 3-16 remaining directors shall appoint a person to fill the vacancy. If 3-17 at any time the number of qualified directors is less than four for 3-18 any reason, the Texas Natural Resource Conservation Commission 3-19 shall appoint the necessary number of directors to fill all 3-20 vacancies on the board. 3-21 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. 3-22 (a) The temporary board of directors shall call and hold an 3-23 election to confirm establishment of the district and to elect 3-24 seven initial directors as provided by Chapter 49, Water Code. 3-25 (b) Subsection (a), Section 41.001, Election Code, does not 3-26 apply to a confirmation and initial directors' election held as 3-27 provided by this section. 3-28 (c) The three directors elected who receive the fewest 3-29 number of votes shall serve until the next directors' election 3-30 following the confirmation and initial directors' election. The 3-31 four directors who receive the highest number of votes shall serve 3-32 until the second succeeding directors' election after the 3-33 confirmation and initial directors' election. In the event of a 3-34 tie, the persons who receive the same number of votes shall draw 3-35 lots for the office or term. 3-36 (d) If the establishment of the district has not been 3-37 confirmed at an election held under this section before the second 3-38 anniversary of the effective date of this Act, this Act expires on 3-39 that date. 3-40 SECTION 10. ELECTION OF DIRECTORS. (a) On the first 3-41 Saturday in May of each even-numbered year after the year in which 3-42 the confirmation and initial directors' election is held, an 3-43 election shall be held in the district to elect the appropriate 3-44 number of permanent directors to the board. 3-45 (b) The permanent directors may assign a position to each 3-46 director's office, in which case directors shall subsequently be 3-47 elected by position and not at large. 3-48 SECTION 11. ADDITIONAL POWERS. (a) The district as a 3-49 special utility district may issue bonds to provide for all 3-50 improvements and the maintenance of those improvements necessary to 3-51 achieve the purposes of Section 59, Article XVI, Texas 3-52 Constitution, and shall provide for the payment of the bonds solely 3-53 through revenue collected for that purpose as authorized by Chapter 3-54 65, Water Code. 3-55 (b) The district may enter into contracts for: 3-56 (1) the purchase or sale of both raw and treated 3-57 water; 3-58 (2) the transportation, treatment, and disposal of the 3-59 district's domestic, industrial, or communal waste; 3-60 (3) the transportation, treatment, and disposal of 3-61 domestic, industrial, or communal waste of others as provided by 3-62 Chapter 30, Water Code; 3-63 (4) the purchase, lease, use, management, control, or 3-64 operation of water treatment or distribution facilities or sewer 3-65 collection and treatment facilities, including all or part of 3-66 facilities or systems owned by other political subdivisions; and 3-67 (5) planning, surveying, investigating, or preparing 3-68 reports of any kind. 3-69 (c) The district may acquire, develop, and use underground 4-1 or surface water rights. 4-2 SECTION 12. DISTRICT FACILITIES. (a) The district by rule 4-3 may establish standard specifications for facilities that are 4-4 designed or constructed to provide: 4-5 (1) storage, treatment, or transportation of water for 4-6 domestic, municipal, or industrial purposes; 4-7 (2) collection, treatment, and disposal of sewage; or 4-8 (3) disposal of solid waste. 4-9 (b) The board shall hold a public hearing on the adoption of 4-10 standards for facilities of the district. The board shall give 4-11 notice of the hearing to the Texas Natural Resource Conservation 4-12 Commission and the Texas Department of Health and shall publish 4-13 notice of the hearing in a newspaper with general circulation in 4-14 the district not later than the 10th day before the date set for 4-15 the hearing. 4-16 (c) Appeal for an order adopting standard specifications may 4-17 be made to a district court of Liberty County, and the substantial 4-18 evidence rule applies. 4-19 (d) The district may seek injunctive relief against the 4-20 construction of, addition to, or operation of any facility within 4-21 the district's jurisdiction if the construction of, addition to, or 4-22 operation of the facility does not comply with the district's 4-23 standard specifications. 4-24 (e) The district shall file the district's standard 4-25 specifications with the Texas Natural Resource Conservation 4-26 Commission. 4-27 (f) Specifications adopted under this section do not apply 4-28 within the boundaries or extraterritorial jurisdiction of a 4-29 municipality unless the governing body of the municipality by 4-30 resolution gives its approval. 4-31 SECTION 13. CONSTRUCTION AND ACQUISITION OF SYSTEMS. 4-32 (a) The district may acquire any existing water system, sewer 4-33 system, or water and sewer system that serves all or part of the 4-34 territory located inside or outside the district's boundaries. 4-35 (b) The district may improve and extend an acquired system 4-36 or may construct a water system, a sewer system, or a water and 4-37 sewer system. 4-38 (c) Construction contracts are governed by the competitive 4-39 bidding requirement of the Water Code. Contracts for the 4-40 acquisition of existing water or sewer facilities may be made on 4-41 terms agreed on by the parties. 4-42 SECTION 14. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 4-43 (a) The proper and legal notice of the intention to introduce this 4-44 Act, setting forth the general substance of this Act, has been 4-45 published as provided by law, and the notice and a copy of this Act 4-46 has been furnished to all persons, agencies, officials, or entities 4-47 to which they are required to be furnished by the constitution and 4-48 laws of this state, including the governor, who has submitted the 4-49 notice and Act to the Texas Natural Resource Conservation 4-50 Commission. 4-51 (b) The Texas Natural Resource Conservation Commission has 4-52 filed its recommendations relating to this Act with the governor, 4-53 lieutenant governor, and speaker of the house of representatives 4-54 within the required time. 4-55 (c) The general law relating to consent by political 4-56 subdivisions to the creation of conservation and reclamation 4-57 districts and the inclusion of land in those districts has been 4-58 complied with, and all requirements of the constitution and laws of 4-59 this state and the rules and procedures of this legislature with 4-60 respect to the notice, introduction, and passage of this Act are 4-61 fulfilled and accomplished. 4-62 SECTION 15. EMERGENCY. The importance of this legislation 4-63 and the crowded condition of the calendars in both houses create an 4-64 emergency and an imperative public necessity that the 4-65 constitutional rule requiring bills to be read on three several 4-66 days in each house be suspended, and this rule is hereby suspended, 4-67 and that this Act take effect and be in force from and after its 4-68 passage, and it is so enacted. 4-69 * * * * *