1-1 By: Green (Senate Sponsor - Armbrister) H.B. No. 3629 1-2 (In the Senate - Received from the House May 7, 2001; 1-3 May 7, 2001, read first time and referred to Committee on Natural 1-4 Resources; May 11, 2001, reported favorably by the following vote: 1-5 Yeas 5, Nays 0, 1 present, not voting; May 11, 2001, sent to 1-6 printer.) 1-7 A BILL TO BE ENTITLED 1-8 AN ACT 1-9 relating to the validation of the creation and to the 1-10 administration, powers, duties, operation, and financing of the 1-11 Hays County Water Control and Improvement District No. 2 and the 1-12 provision of certain services in the district. 1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-14 SECTION 1. VALIDATION OF CREATION. The creation of the Hays 1-15 County Water Control and Improvement District No. 2 by the Hays 1-16 County Commissioners Court on January 16, 2001, is validated, 1-17 subject to approval at a confirmation election under Chapters 49 1-18 and 51, Water Code. 1-19 SECTION 2. DEFINITION. In this Act, "district" means the Hays 1-20 County Water Control and Improvement District No. 2. 1-21 SECTION 3. BOUNDARIES. The district's boundaries are those as 1-22 found by the Hays County Commissioners Court's order creating the 1-23 district on January 16, 2001. 1-24 SECTION 4. FINDINGS RELATIVE TO BOUNDARIES. The legislature 1-25 finds that the boundaries and field notes of the district form a 1-26 closure. A mistake in the field notes does not affect the 1-27 organization, existence, or validity of the district, the right of 1-28 the district to impose taxes, or the legality or operation of the 1-29 district or its governing body. 1-30 SECTION 5. FINDING OF BENEFIT. All of the land and other 1-31 property included within the boundaries of the district will be 1-32 benefited by the works and projects that are to be accomplished by 1-33 the district under powers conferred by Section 59, Article XVI, 1-34 Texas Constitution. The district serves a public use and benefit. 1-35 SECTION 6. POWERS. (a) The district has all of the rights, 1-36 powers, privileges, authority, functions, and duties provided by 1-37 the general law of this state, including Chapters 49, 51, and 54, 1-38 Water Code, applicable to water control and improvement districts 1-39 and municipal utility districts created pursuant to Section 59, 1-40 Article XVI, Texas Constitution. If Chapters 49, 51, and 54, Water 1-41 Code, conflict, Chapter 51 controls. This Act prevails over any 1-42 provision of general law that is in conflict or inconsistent with 1-43 this Act. 1-44 (b) No other entity, including any public utility or retail 1-45 public utility, may expand the provision of retail water or sewer 1-46 utility service within the boundaries of the district without the 1-47 written authorization of the district or the district's successors 1-48 or assigns unless the Texas Natural Resource Conservation 1-49 Commission finds that the district or its successors or assigns is 1-50 not providing continuous and adequate service to customers in the 1-51 district. In that event, the commission may grant a separate 1-52 retail public utility certificate of convenience and necessity for 1-53 that part of the district where the district is not providing 1-54 continuous and adequate service. 1-55 SECTION 7. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act 1-56 takes effect immediately if it receives a vote of two-thirds of all 1-57 the members elected to each house, as provided by Section 39, 1-58 Article III, Texas Constitution. If this Act does not receive the 1-59 vote necessary for immediate effect, this Act takes effect 1-60 September 1, 2001. 1-61 (b) If the creation of the district is not confirmed at a 1-62 confirmation election before September 1, 2003, this Act expires on 1-63 that date. 2-1 * * * * *