By Keel H.B. No. 3685
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Northeast Travis County Utility
1-4 District.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. CREATION. (a) A conservation and reclamation
1-7 district, to be known as the Northeast Travis County Utility
1-8 District, is created in Travis County, subject to approval at a
1-9 confirmation election under Section 11 of this Act. The district
1-10 is a governmental agency and a body politic and corporate.
1-11 (b) The district is created under and is essential to
1-12 accomplish the purposes of Section 59, Article XVI, Texas
1-13 Constitution.
1-14 SECTION 2. DEFINITION. In this Act, "district" means the
1-15 Northeast Travis County Utility District.
1-16 SECTION 3. BOUNDARIES. The district includes the territory
1-17 contained within the following areas:
1-18 Tract No. 1, approximately 146.50 acres of land out of the E.
1-19 Kirkland Survey No. 7, in Travis County, Texas, being all of that
1-20 certain tract conveyed to Kathleen Marie England and Jay Lawrence
1-21 Johnson by Deeds recorded in Volume 11403, Page 374, Volume 11618,
1-22 Page 104, Volume 11861, Page 120 and Volume 12118, Page 195, Real
1-23 Property Records of Travis County, Texas;
1-24 Tract No. 2, approximately 70.31 acres of land out of the E.
2-1 Kirkland Survey No. 7 in Travis County, Texas, being all of that
2-2 certain tract of land conveyed to Charles E. Baker, et ux, by Deed
2-3 recorded in Volume 7188, Page 1756, Deed Records of Travis County,
2-4 Texas;
2-5 Tract No. 3, approximately 104.34 acres of land out of the
2-6 G. M. Martin Survey No. 9, Abstract 529, Travis County, Texas,
2-7 being all of that certain tract called 103.984 acres conveyed to
2-8 Bernice Becker Zreet, Freida Becker Woodland, Edline Becker
2-9 McMains, Adolf Becker, Jr., Wilbert Becker and Edwin F. Zreet and
2-10 Bernice Zreet, Trustees of The Edwin F. and Bernice Zreet Trust
2-11 dated August 27, 1997, by Deeds recorded in Volume 10215, Page 610,
2-12 Volume 10537, Page 939, and Volume 13171, Page 102, Real Property
2-13 Records of Travis County, Texas, and all of that certain tract
2-14 called 0.356 of one acre conveyed by Muniment of Title recorded in
2-15 Document No. 71552 of the Travis County Probate Records;
2-16 Tract No. 4, approximately 103.266 acres of land out of the
2-17 George M. Martin Survey No. 9, Abstract 529, Travis County, Texas,
2-18 being all of that certain tract conveyed to Kermit Hees and wife,
2-19 Lydia Hees by Partition Deed recorded in Volume 11552, Page 475,
2-20 Real Property Records of Travis County, Texas, said 103.266 acre
2-21 tract being the remainder of that tract called 106-1/2 acres
2-22 conveyed to W. A. Randig by Deed recorded in Volume 498, Page 219,
2-23 SAVE AND EXCEPT, that portion deeded to Travis County, Texas for
2-24 highway purposes by Deed recorded in Volume 2268, Page 195, Deed
2-25 Records of Travis County, Texas;
2-26 Tract No. 5, approximately 177.301 acres of land out of the
2-27 G. M. Martin Survey in Travis County, Texas, being all of that
3-1 certain tract of land conveyed to Karolyn P. Graf and Robert L.
3-2 Pfluger, Trustees of the Lawrence and Willie Mae Pfluger Family
3-3 Trust by Deeds recorded in Volume 10431, Page 422, Volume 10555,
3-4 Page 214, and Volume 11091, Page 691, Real Property Records of
3-5 Travis County, Texas;
3-6 Tract No. 6, approximately 107.4 acres of land out of the
3-7 George M. Martin Survey, Abstract No. 9, and being all of that
3-8 certain tract of land conveyed to Robert L. Pfluger and Karolyn P.
3-9 Graf by Deed recorded in Volume 12947, Page 560 and to Robert L.
3-10 Pfluger, Trustee for Miranda Kimbro and Weston N. Kimbro and Wayne
3-11 Pfluger, Trustee for Jospeh L. Pfluger and Lydia Pfluger, by Deed
3-12 recorded in Volume 12947, Page 562, Real Property Records of Travis
3-13 County, Texas;
3-14 Tract No. 7, approximately 9.198 acres of land out of the
3-15 G. M. Martin Survey, Abstract No. 9, in Travis County, Texas, and
3-16 being all of that certain tract of land conveyed to Peggy Pfluger
3-17 and Robert L. Pfluger by Deed recorded in Volume 13049, Page 1353,
3-18 Real Property Records of Travis County, Texas.
3-19 SECTION 4. FINDINGS RELATIVE TO BOUNDARIES. The legislature
3-20 finds that the boundaries and field notes of the district form a
3-21 closure. A mistake in the field notes or in copying the field
3-22 notes in the legislative process does not affect the organization,
3-23 existence, or validity of the district, the right of the district
3-24 to impose taxes, or the legality or operation of the district or
3-25 its governing body.
3-26 SECTION 5. FINDING OF BENEFIT. All of the land and other
3-27 property included within the boundaries of the district will be
4-1 benefited by the works and projects that are to be accomplished by
4-2 the district under powers conferred by Section 59, Article XVI,
4-3 Texas Constitution. The district is created to serve a public use
4-4 and benefit.
4-5 SECTION 6. GENERAL POWERS. (a) The district has all of the
4-6 rights, powers, privileges, authority, functions, and duties
4-7 provided by the general law of this state, including Chapters 30,
4-8 49, and 54, Water Code, applicable to municipal utility districts
4-9 created under Section 59, Article XVI, Texas Constitution.
4-10 (b) The rights, powers, privileges, authority, functions,
4-11 and duties of the district are subject to the continuing right of
4-12 supervision of the state to be exercised by and through the Texas
4-13 Natural Resource Conservation Commission.
4-14 SECTION 7. DIVISION OF DISTRICT. (a) The district may
4-15 divide into two or more districts as provided by Sections
4-16 51.748-51.753, Water Code, and this section. The proposed district
4-17 may divide into two or more proposed districts before the
4-18 establishment of the district is confirmed at the confirmation
4-19 election held under Section 11.
4-20 (b) A district created by division under this section may
4-21 divide into two or more districts after the establishment of the
4-22 district is confirmed at a confirmation election. A proposed
4-23 district created by division under this section may divide into two
4-24 or more proposed districts before the establishment of the district
4-25 is confirmed at a confirmation election.
4-26 (c) The district or any district resulting from a division
4-27 of the district may exercise powers under Chapters 49 and 54, Water
5-1 Code, to annex or exclude property after a confirmation election.
5-2 The temporary board of the proposed district or of any proposed
5-3 district resulting from a division of the proposed district may,
5-4 after a hearing, alter the proposed boundaries of the proposed
5-5 district before the temporary board orders a confirmation election.
5-6 (d) The order creating a district by division under this
5-7 section and Sections 51.748-51.753, Water Code, must give the
5-8 district an appropriate name that does not conflict with the name
5-9 of any other district. The provisions of Section 51.749(c), Water
5-10 Code, relating to naming a district, do not apply.
5-11 SECTION 8. ANNEXATION BY MUNICIPALITY. (a) The district is
5-12 a water or sewer district as defined by Section 43.071, Local
5-13 Government Code, for purposes of that section.
5-14 (b) On annexation of the district by a municipality, the
5-15 district is dissolved and the municipality shall assume the powers,
5-16 authority, functions, duties, and outstanding bonded indebtedness
5-17 of the district.
5-18 (c) A municipality that annexes the district must provide
5-19 full municipal services, as defined by Section 43.056(c), Local
5-20 Government Code, in the district before the expiration of two and
5-21 one half years after the effective date of the annexation, unless
5-22 certain services cannot reasonably be provided within that period
5-23 and the municipality proposes a schedule for providing those
5-24 services. If the municipality proposes a schedule to extend the
5-25 period for providing certain services, the schedule must provide
5-26 for the provision of full municipal services before the expiration
5-27 of four and one half years after the effective date of the
6-1 annexation.
6-2 SECTION 9. BOARD OF DIRECTORS. (a) The district is governed
6-3 by a board of five directors.
6-4 (b) Temporary directors serve until initial directors are
6-5 elected under Section 11 of this Act.
6-6 (c) Initial directors serve until permanent directors are
6-7 elected under Section 12 of this Act.
6-8 (d) Permanent directors serve staggered four-year terms.
6-9 (e) Each director must qualify to serve as a director in the
6-10 manner provided by Section 49.055.
6-11 (f) A director serves until the director's successor has
6-12 qualified.
6-13 SECTION 10. TEMPORARY DIRECTORS. (a) The temporary board of
6-14 directors consists of:
6-15 (1) Chris Fields;
6-16 (2) Nate Nickerson;
6-17 (3) Seth Spiker;
6-18 (4) John Pfluger; and
6-19 (5) Steven Thomas.
6-20 (b) The temporary directors are not required to own land or
6-21 reside in the district.
6-22 (c) The temporary directors shall take the oath of office
6-23 and execute bonds to qualify for holding their offices as soon as
6-24 possible after the effective date of this Act.
6-25 (d) If a temporary director fails to qualify for office, the
6-26 temporary directors who have qualified shall appoint a person to
6-27 fill the vacancy. If at any time there are fewer than three
7-1 qualified temporary directors, the Texas Natural Resource
7-2 Conservation Commission shall appoint the necessary number of
7-3 persons to fill all vacancies on the board.
7-4 SECTION 11. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
7-5 (a) The temporary board of directors shall call and hold an
7-6 election to confirm establishment of the district and to elect five
7-7 initial directors as provided by Section 49.102, Water Code. The
7-8 board may submit to the voters propositions to authorize the
7-9 issuance of bonds, a maintenance tax, and a tax to make payments
7-10 under a contract.
7-11 (b) Section 41.001(a), Election Code, does not apply to an
7-12 election held under this section.
7-13 SECTION 12. ELECTION OF DIRECTORS. (a) On the first
7-14 Saturday in May of the first even-numbered year after the year in
7-15 which the district is authorized to be created at a confirmation
7-16 election, a general election shall be held in the district for the
7-17 election of three directors to serve four-year terms and two
7-18 directors to serve two-year terms.
7-19 (b) On the first Saturday in May of each subsequent second
7-20 year following the election, the appropriate number of directors
7-21 shall be elected.
7-22 SECTION 13. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
7-23 (a) The proper and legal notice of the intention to introduce this
7-24 Act, setting forth the general substance of this Act, has been
7-25 published as provided by law, and the notice and a copy of this Act
7-26 have been furnished to all persons, agencies, officials, or
7-27 entities to which they are required to be furnished by the
8-1 constitution and other laws of this state, including the governor,
8-2 who has submitted the notice and Act to the Texas Natural Resource
8-3 Conservation Commission.
8-4 (b) The Texas Natural Resource Conservation Commission has
8-5 filed its recommendations relating to this Act with the governor,
8-6 lieutenant governor, and speaker of the house of representatives
8-7 within the required time.
8-8 (c) All requirements of the constitution and laws of this
8-9 state and the rules and procedures of the legislature with respect
8-10 to the notice, introduction, and passage of this Act are fulfilled
8-11 and accomplished.
8-12 SECTION 14. EFFECTIVE DATE. This Act takes effect
8-13 immediately if it receives a vote of two-thirds of all the members
8-14 elected to each house, as provided by Section 39, Article III,
8-15 Texas Constitution. If this Act does not receive the vote
8-16 necessary for immediate effect, this Act takes effect September 1,
8-17 2001.