By Keel H.B. No. 3685 77R9272 QS-F 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 (d) An annexation under this section is not subject to the 6-3 provisions of Sections 43.052, 43.053, 43.056-43.0562, 43.0564, 6-4 43.0565, and 43.061-43.065, Local Government Code. 6-5 SECTION 9. BOARD OF DIRECTORS. (a) The district is governed 6-6 by a board of five directors. 6-7 (b) Temporary directors serve until initial directors are 6-8 elected under Section 11 of this Act. 6-9 (c) Initial directors serve until permanent directors are 6-10 elected under Section 12 of this Act. 6-11 (d) Permanent directors serve staggered four-year terms. 6-12 (e) Each director must qualify to serve as a director in the 6-13 manner provided by Section 49.055. 6-14 (f) A director serves until the director's successor has 6-15 qualified. 6-16 SECTION 10. TEMPORARY DIRECTORS. (a) The temporary board of 6-17 directors consists of: 6-18 (1) __________; 6-19 (2) __________; 6-20 (3) __________; 6-21 (4) __________; and 6-22 (5) __________. 6-23 (b) The temporary directors are not required to own land or 6-24 reside in the district. 6-25 (c) The temporary directors shall take the oath of office 6-26 and execute bonds to qualify for holding their offices as soon as 6-27 possible after the effective date of this Act. 7-1 (d) If a temporary director fails to qualify for office, the 7-2 temporary directors who have qualified shall appoint a person to 7-3 fill the vacancy. If at any time there are fewer than three 7-4 qualified temporary directors, the Texas Natural Resource 7-5 Conservation Commission shall appoint the necessary number of 7-6 persons to fill all vacancies on the board. 7-7 SECTION 11. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. 7-8 (a) The temporary board of directors shall call and hold an 7-9 election to confirm establishment of the district and to elect five 7-10 initial directors as provided by Section 49.102, Water Code. The 7-11 board may submit to the voters propositions to authorize the 7-12 issuance of bonds, a maintenance tax, and a tax to make payments 7-13 under a contract. 7-14 (b) Section 41.001(a), Election Code, does not apply to an 7-15 election held under this section. 7-16 SECTION 12. ELECTION OF DIRECTORS. (a) On the first 7-17 Saturday in May of the first even-numbered year after the year in 7-18 which the district is authorized to be created at a confirmation 7-19 election, a general election shall be held in the district for the 7-20 election of three directors to serve four-year terms and two 7-21 directors to serve two-year terms. 7-22 (b) On the first Saturday in May of each subsequent second 7-23 year following the election, the appropriate number of directors 7-24 shall be elected. 7-25 SECTION 13. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 7-26 (a) The proper and legal notice of the intention to introduce this 7-27 Act, setting forth the general substance of this Act, has been 8-1 published as provided by law, and the notice and a copy of this Act 8-2 have been furnished to all persons, agencies, officials, or 8-3 entities to which they are required to be furnished by the 8-4 constitution and other laws of this state, including the governor, 8-5 who has submitted the notice and Act to the Texas Natural Resource 8-6 Conservation Commission. 8-7 (b) The Texas Natural Resource Conservation Commission has 8-8 filed its recommendations relating to this Act with the governor, 8-9 lieutenant governor, and speaker of the house of representatives 8-10 within the required time. 8-11 (c) All requirements of the constitution and laws of this 8-12 state and the rules and procedures of the legislature with respect 8-13 to the notice, introduction, and passage of this Act are fulfilled 8-14 and accomplished. 8-15 SECTION 14. EFFECTIVE DATE. This Act takes effect 8-16 immediately if it receives a vote of two-thirds of all the members 8-17 elected to each house, as provided by Section 39, Article III, 8-18 Texas Constitution. If this Act does not receive the vote 8-19 necessary for immediate effect, this Act takes effect September 1, 8-20 2001. 8-21 COMMITTEE AMENDMENT NO. 1 8-22 Amend H.B. 3685 as follows: 8-23 On page 6, line 2, strike Subsection (d) in its entirety. 8-24 Walker 8-25 COMMITTEE AMENDMENT NO. 2 8-26 Amend H.B. 3685 as follows: 8-27 1. On page 6, beginning on line 16, strike all of SECTION 10 9-1 before the "period" on page 6, line 22, and insert the following: 9-2 "SECTION 10. TEMPORARY DIRECTORS. (a) The temporary board of 9-3 directors consists of: 9-4 (1) Chris Fields; 9-5 (2) Nate Nickerson; 9-6 (3) Seth Spiker; 9-7 (4) John Pfluger; and 9-8 (5) Steven Thomas". 9-9 Lewis of Orange