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.
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