1-1 AN ACT
1-2 relating to the validation of the creation and to the
1-3 administration, powers, duties, operation, and financing of the
1-4 Hays County Water Control and Improvement District No. 2 and the
1-5 provision of certain services in the district.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. VALIDATION OF CREATION. The creation of the Hays
1-8 County Water Control and Improvement District No. 2 by the Hays
1-9 County Commissioners Court on January 16, 2001, is validated,
1-10 subject to approval at a confirmation election under Chapters 49
1-11 and 51, Water Code.
1-12 SECTION 2. DEFINITION. In this Act, "district" means the Hays
1-13 County Water Control and Improvement District No. 2.
1-14 SECTION 3. BOUNDARIES. The district's boundaries are those as
1-15 found by the Hays County Commissioners Court's order creating the
1-16 district on January 16, 2001.
1-17 SECTION 4. FINDINGS RELATIVE TO BOUNDARIES. The legislature
1-18 finds that the boundaries and field notes of the district form a
1-19 closure. A mistake in the field notes does not affect the
1-20 organization, existence, or validity of the district, the right of
1-21 the district to impose taxes, or the legality or operation of the
1-22 district or its governing body.
1-23 SECTION 5. FINDING OF BENEFIT. All of the land and other
1-24 property included within the boundaries of the district will be
2-1 benefited by the works and projects that are to be accomplished by
2-2 the district under powers conferred by Section 59, Article XVI,
2-3 Texas Constitution. The district serves a public use and benefit.
2-4 SECTION 6. POWERS. (a) The district has all of the rights,
2-5 powers, privileges, authority, functions, and duties provided by
2-6 the general law of this state, including Chapters 49, 51, and 54,
2-7 Water Code, applicable to water control and improvement districts
2-8 and municipal utility districts created pursuant to Section 59,
2-9 Article XVI, Texas Constitution. If Chapters 49, 51, and 54, Water
2-10 Code, conflict, Chapter 51 controls. This Act prevails over any
2-11 provision of general law that is in conflict or inconsistent with
2-12 this Act.
2-13 (b) No other entity, including any public utility or retail
2-14 public utility, may expand the provision of retail water or sewer
2-15 utility service within the boundaries of the district without the
2-16 written authorization of the district or the district's successors
2-17 or assigns unless the Texas Natural Resource Conservation
2-18 Commission finds that the district or its successors or assigns is
2-19 not providing continuous and adequate service to customers in the
2-20 district. In that event, the commission may grant a separate
2-21 retail public utility certificate of convenience and necessity for
2-22 that part of the district where the district is not providing
2-23 continuous and adequate service.
2-24 SECTION 7. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
2-25 takes effect immediately if it receives a vote of two-thirds of all
2-26 the members elected to each house, as provided by Section 39,
2-27 Article III, Texas Constitution. If this Act does not receive the
3-1 vote necessary for immediate effect, this Act takes effect
3-2 September 1, 2001.
3-3 (b) If the creation of the district is not confirmed at a
3-4 confirmation election before September 1, 2003, this Act expires on
3-5 that date.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3629 was passed by the House on May
5, 2001, by the following vote: Yeas 140, Nays 0, 2 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3629 was passed by the Senate on May
22, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor