Amend SB 2 as follows:
1. Add a new SECTION __ to read as follows:
SECTION __. The Northeast Travis County Utility District.
Section 1. CREATION. (a) A conservation and reclamation
district, to be known as the Northeast Travis County Utility
District, is created in Travis County, subject to approval at a
confirmation election under Section 11 of this Act. The district
is a governmental agency and a body politic and corporate.
(b) The district is created under and is essential to
accomplish the purposes of Section 59, Article XVI, Texas
Constitution.1
Section 2. DEFINITION. In this Act, "district" means the
Northeast Travis County Utility District.
Section 3. BOUNDARIES. The district includes the territory
contained within the following areas:
Tract No. 1, approximately 146.50 acres of land out of the E.
Kirkland Survey No. 7, in Travis County, Texas, being all of that
certain tract conveyed to Kathleen Marie England and Jay Lawrence
Johnson by Deeds recorded in Volume 11403, Page 374, Volume 11618,
Page 104, Volume 11861, Page 120 and Volume 12118, Page 195, Real
Property Records of Travis County, Texas;2
Tract No. 2, approximately 70.31 acres of land out of the E.
Kirkland Survey No. 7 in Travis County, Texas, being all of that
certain tract of land conveyed to Charles E. Baker, et ux, by Deed
recorded in Volume 7188, Page 1756, Deed Records of Travis County,
Texas;
Tract No. 3, approximately 104.34 acres of land out of the
G. M. Martin Survey No. 9, Abstract 529, Travis County, Texas,
being all of that certain tract called 103.984 acres conveyed to
Bernice Becker Zreet, Freida Becker Woodland, Edline Becker
McMains, Adolf Becker, Jr., Wilbert Becker and Edwin F. Zreet and
Bernice Zreet, Trustees of The Edwin F. and Bernice Zreet Trust
dated August 27, 1997, by Deeds recorded in Volume 10215, Page 610,
Volume 10537, Page 939, and Volume 13171, Page 102, Real Property
Records of Travis County, Texas, and all of that certain tract
called 0.356 of one acre conveyed by Muniment of Title recorded in
Document No. 71552 of the Travis County Probate Records;
Tract No. 4, approximately 103.266 acres of land out of the
George M. Martin Survey No. 9, Abstract 529, Travis County, Texas,
being all of that certain tract conveyed to Kermit Hees and wife,
Lydia Hees by Partition Deed recorded in Volume 11552, Page 475,
Real Property Records of Travis County, Texas, said 103.266 acre
tract being the remainder of that tract called 106-1/2 acres
conveyed to W. A. Randig by Deed recorded in Volume 498, Page 219,
SAVE AND EXCEPT, that portion deeded to Travis County, Texas for
highway purposes by Deed recorded in Volume 2268, Page 195, Deed
Records of Travis County, Texas;2
Tract No. 5, approximately 177.301 acres of land out of the
G. M. Martin Survey in Travis County, Texas, being all of that
certain tract of land conveyed to Karolyn P. Graf and Robert L.
Pfluger, Trustees of the Lawrence and Willie Mae Pfluger Family
Trust by Deeds recorded in Volume 10431, Page 422, Volume 10555,
Page 214, and Volume 11091, Page 691, Real Property Records of
Travis County, Texas;
Tract No. 6, approximately 107.4 acres of land out of the
George M. Martin Survey, Abstract No. 9, and being all of that
certain tract of land conveyed to Robert L. Pfluger and Karolyn P.
Graf by Deed recorded in Volume 12947, Page 560 and to Robert L.
Pfluger, Trustee for Miranda Kimbro and Weston N. Kimbro and Wayne
Pfluger, Trustee for Jospeh L. Pfluger and Lydia Pfluger, by Deed
recorded in Volume 12947, Page 562, Real Property Records of Travis
County, Texas;1
Tract No. 7, approximately 9.198 acres of land out of the
G. M. Martin Survey, Abstract No. 9, in Travis County, Texas, and
being all of that certain tract of land conveyed to Peggy Pfluger
and Robert L. Pfluger by Deed recorded in Volume 13049, Page 1353,
Real Property Records of Travis County, Texas.
Section 4. FINDINGS RELATIVE TO BOUNDARIES. The legislature
finds that the boundaries and field notes of the district form a
closure. A mistake in the field notes or in copying the field
notes in the legislative process does not affect the organization,
existence, or validity of the district, the right of the district
to impose taxes, or the legality or operation of the district or
its governing body.2
Section 5. FINDING OF BENEFIT. All of the land and other
property included within the boundaries of the district will be
benefited by the works and projects that are to be accomplished by
the district under powers conferred by Section 59, Article XVI,
Texas Constitution. The district is created to serve a public use
and benefit.
Section 6. GENERAL POWERS. (a) The district has all of the
rights, powers, privileges, authority, functions, and duties
provided by the general law of this state, including Chapters 30,
49, and 54, Water Code, applicable to municipal utility districts
created under Section 59, Article XVI, Texas Constitution.
(b) The rights, powers, privileges, authority, functions,
and duties of the district are subject to the continuing right of
supervision of the state to be exercised by and through the Texas
Natural Resource Conservation Commission.1
Section 7. DIVISION OF DISTRICT. (a) The district may
divide into two or more districts as provided by Sections
51.748-51.753, Water Code, and this section. The proposed district
may divide into two or more proposed districts before the
establishment of the district is confirmed at the confirmation
election held under Section 11.
(b) A district created by division under this section may
divide into two or more districts after the establishment of the
district is confirmed at a confirmation election. A proposed
district created by division under this section may divide into two
or more proposed districts before the establishment of the district
is confirmed at a confirmation election.2
(c) The district or any district resulting from a division
of the district may exercise powers under Chapters 49 and 54, Water
Code, to annex or exclude property after a confirmation election.
The temporary board of the proposed district or of any proposed
district resulting from a division of the proposed district may,
after a hearing, alter the proposed boundaries of the proposed
district before the temporary board orders a confirmation election.
(d) The order creating a district by division under this
section and Sections 51.748-51.753, Water Code, must give the
district an appropriate name that does not conflict with the name
of any other district. The provisions of Section 51.749(c), Water
Code, relating to naming a district, do not apply.1
Section 8. ANNEXATION BY MUNICIPALITY. (a) The district is
a water or sewer district as defined by Section 43.071, Local
Government Code, for purposes of that Section.1
(b) On annexation of the district by a municipality, the
district is dissolved and the municipality shall assume the powers,
authority, functions, duties, and outstanding bonded indebtedness
of the district.
(c) A municipality that annexes the district must provide
full municipal services, as defined by Section 43.056(c), Local
Government Code, in the district before the expiration of two and
one half years after the effective date of the annexation, unless
certain services cannot reasonably be provided within that period
and the municipality proposes a schedule for providing those
services. If the municipality proposes a schedule to extend the
period for providing certain services, the schedule must provide
for the provision of full municipal services before the expiration
of four and one half years after the effective date of the
annexation.
Section 9. BOARD OF DIRECTORS. (a) The district is governed
by a board of five directors.
(b) Temporary directors serve until initial directors are
elected under Section 11 of this Act.
(c) Initial directors serve until permanent directors are
elected under Section 12 of this Act.
(d) Permanent directors serve staggered four-year terms.
(e) Each director must qualify to serve as a director in the
manner provided by Section 49.055.1
(f) A director serves until the director's successor has
qualified.1
Section 10. TEMPORARY DIRECTORS. (a) The temporary board of
directors consists of:
(1) Chris Fields;
(2) Nate Nickerson;
(3) Seth Spiker;
(4) John Pfluger; and
(5) Steven Thomas.
(b) The temporary directors are not required to own land or
reside in the district.2
(c) The temporary directors shall take the oath of office
and execute bonds to qualify for holding their offices as soon as
possible after the effective date of this Act.2
(d) If a temporary director fails to qualify for office, the
temporary directors who have qualified shall appoint a person to
fill the vacancy. If at any time there are fewer than three
qualified temporary directors, the Texas Natural Resource
Conservation Commission shall appoint the necessary number of
persons to fill all vacancies on the board.
Section 11. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
(a) The temporary board of directors shall call and hold an
election to confirm establishment of the district and to elect five
initial directors as provided by Section 49.102, Water Code. The
board may submit to the voters propositions to authorize the
issuance of bonds, a maintenance tax, and a tax to make payments
under a contract.1
(b) Section 41.001(a), Election Code, does not apply to an
election held under this section.1
Section 12. ELECTION OF DIRECTORS. (a) On the first
Saturday in May of the first even-numbered year after the year in
which the district is authorized to be created at a confirmation
election, a general election shall be held in the district for the
election of three directors to serve four-year terms and two
directors to serve two-year terms.
(b) On the first Saturday in May of each subsequent second
year following the election, the appropriate number of directors
shall be elected.2
Section 13. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
(a) The proper and legal notice of the intention to introduce this
Act, setting forth the general substance of this Act, has been
published as provided by law, and the notice and a copy of this Act
have been furnished to all persons, agencies, officials, or
entities to which they are required to be furnished by the
constitution and other laws of this state, including the governor,
who has submitted the notice and Act to the Texas Natural Resource
Conservation Commission.
(b) The Texas Natural Resource Conservation Commission has
filed its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(c) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.1
Section 14. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III,
Texas Constitution. If this Act does not receive the vote
necessary for immediate effect, this Act takes effect September 1,
2001.
Amendment No. 5 was adopted without objection.