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.
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