By Hilbert H.B. No. 3688
77R13389 SGA-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 Harris County Municipal Utility
1-4 District No. 388.
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 Harris County Municipal Utility
1-8 District No. 388, is created in Harris County, subject to approval
1-9 at a confirmation election under Section 10 of this Act. The
1-10 district 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 Harris County Municipal Utility District No. 388.
1-16 SECTION 3. BOUNDARIES. The district includes the territory
1-17 contained within the following area:
1-18 A tract or parcel of land containing 200.000 acres (8,712,000
1-19 square feet) of land out of the George Galbraith Survey, Abstract
1-20 No. 22, Harris County, Texas, said 200.000 acres being more
1-21 particularly described by metes and bounds as follows, the basis of
1-22 bearing is the call SOUTH 06 degrees 45 minutes 15 seconds WEST for
1-23 the westerly right-of-way line of Kuykendahl Road (60' wide):
1-24 COMMENCING at a 5/8-inch iron rod found at the southeast corner of
2-1 a 70.75 acre tract recorded under Volume 7386, Page 498 of the
2-2 Harris County Deed Records, lying in said west line of Kuykendahl
2-3 Road;
2-4 THENCE SOUTH 89 degrees 26 minutes 07 seconds WEST, 1,968.21 feet
2-5 to a 1/2-inch iron rod found;
2-6 THENCE SOUTH 89 degrees 23 minutes 41 seconds WEST, 628.18 feet to
2-7 a 5/8-inch iron rod found;
2-8 THENCE NORTH 60 degrees 43 minutes 40 seconds WEST, 5.52 feet to a
2-9 1 1/2-inch iron pipe found;
2-10 THENCE SOUTH 87 degrees 56 minutes 42 seconds WEST, 966.82 feet to
2-11 an axle found and the POINT OF BEGINNING and an easterly corner of
2-12 the herein described tract;
2-13 THENCE SOUTH 01 degrees 04 minutes 53 seconds EAST, 186.75 feet to
2-14 an axle found, also being the southeast corner of the herein
2-15 described tract;
2-16 THENCE SOUTH 88 degrees 33 minutes 59 seconds WEST, 2,500.00 feet
2-17 to the southwest corner of the herein described tract;
2-18 THENCE NORTH 01 degrees 28 minutes 16 seconds WEST, 3,483.08 feet
2-19 to the northwest corner of the herein described tract;
2-20 THENCE NORTH 88 degrees 33 minutes 59 seconds EAST, 2,501.27 feet
2-21 to the northeast corner of the herein described tract;
2-22 THENCE SOUTH 01 degrees 28 minutes 16 seconds EAST, 3,296.33 feet
2-23 to the POINT OF BEGINNING, containing 200.000 acres (8,712,000
2-24 square feet) of land.
2-25 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
2-26 finds that the boundaries and field notes of the district form a
2-27 closure. A mistake in the field notes or in copying the field
3-1 notes in the legislative process does not affect the organization,
3-2 existence, or validity of the district, the validity of its bonds,
3-3 notes, or other indebtedness, the right of the district to levy and
3-4 collect taxes, or the legality or operation of the district or its
3-5 governing body.
3-6 SECTION 5. FINDING OF BENEFIT. All of the land and other
3-7 property included within the boundaries of the district will be
3-8 benefited by the works and projects that are to be accomplished by
3-9 the district under powers conferred by Section 59, Article XVI,
3-10 Texas Constitution. The district is created to serve a public use
3-11 and benefit.
3-12 SECTION 6. POWERS. (a) The district has all of the rights,
3-13 powers, privileges, authority, functions, and duties provided by
3-14 the general law of this state, including Chapters 49, 50, and 54,
3-15 Water Code, applicable to municipal utility districts created under
3-16 Section 59, Article XVI, Texas Constitution. This Act prevails
3-17 over any provision of general law that is in conflict or
3-18 inconsistent with this Act.
3-19 (b) The rights, powers, privileges, authority, functions,
3-20 and duties of the district are subject to the continuing right of
3-21 supervision of the state to be exercised by and through the Texas
3-22 Natural Resource Conservation Commission.
3-23 (c) The district may not impose an impact fee or assessment
3-24 on the property, equipment, rights-of-way, facilities, or
3-25 improvements of an electric utility or a power generation company
3-26 as defined by Section 31.002, Utilities Code, or a gas utility as
3-27 defined by Section 101.003 or 121.001, Utilities Code.
4-1 SECTION 7. RELOCATION OF FACILITIES. The district may
4-2 relocate, raise, reroute, change the grade of, or alter the
4-3 construction of a highway, railroad, electric transmission line,
4-4 pipeline, canal, or drainage ditch, if considered necessary by the
4-5 board of directors. The district shall pay for any relocation,
4-6 raising, rerouting, changing, or altering under this section,
4-7 unless otherwise agreed in writing by the interested parties. If a
4-8 facility is replaced, the cost of replacement is limited to an
4-9 amount equal to the cost of replacing the facility with a
4-10 comparable facility, less the replaced facility's net salvage
4-11 value.
4-12 SECTION 8. BOARD OF DIRECTORS. (a) The district is governed
4-13 by a board of five directors.
4-14 (b) Temporary directors serve until initial directors are
4-15 elected under Section 10 of this Act.
4-16 (c) Initial directors serve until permanent directors are
4-17 elected under Section 11 of this Act.
4-18 (d) Permanent directors serve staggered four-year terms.
4-19 (e) Each director must qualify to serve as director in the
4-20 manner provided by Section 49.055, Water Code.
4-21 (f) A director serves until the director's successor has
4-22 qualified.
4-23 SECTION 9. APPOINTMENT OF TEMPORARY DIRECTORS. (a) On or
4-24 after the effective date of this Act, a person who owns land
4-25 included in the district may petition the Texas Natural Resource
4-26 Conservation Commission to appoint the five temporary directors
4-27 listed in the petition. The commission shall appoint the directors
5-1 listed in the petition. If the commission receives more than one
5-2 petition under this subsection, the commission shall appoint the
5-3 directors listed in the first petition the commission receives.
5-4 (b) A person appointed to be a temporary director shall take
5-5 the oath of office as soon as practicable.
5-6 (c) If an appointee of the commission fails to qualify or if
5-7 a vacancy occurs in the office of temporary director, the Texas
5-8 Natural Resource Conservation Commission shall appoint an
5-9 individual to fill the vacancy.
5-10 (d) As soon as all temporary directors have qualified, the
5-11 directors shall meet and elect officers from among their
5-12 membership.
5-13 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
5-14 (a) The temporary board of directors shall call and hold an
5-15 election to confirm establishment of the district and to elect five
5-16 initial directors as provided by Chapter 49, Water Code.
5-17 (b) Section 41.001(a), Election Code, does not apply to a
5-18 confirmation and initial directors' election held as provided by
5-19 this section.
5-20 SECTION 11. ELECTION OF DIRECTORS. (a) On the first
5-21 Saturday in May of the first even-numbered year after the year in
5-22 which the district is authorized to be created at a confirmation
5-23 election, an election shall be held in the district for the
5-24 election of two directors to serve two-year terms and three
5-25 directors to serve four-year terms.
5-26 (b) The board of directors by order may postpone the
5-27 election date for two years if:
6-1 (1) the election will occur within 60 days after the
6-2 date on which the confirmation election is held; or
6-3 (2) the board determines that there is not sufficient
6-4 time to comply with the requirements of law and to order the
6-5 election.
6-6 (c) On the first Saturday in May of each even-numbered year
6-7 following the first election held under this section, the
6-8 appropriate number of directors shall be elected.
6-9 SECTION 12. COMPLIANCE WITH CITY ORDINANCE OR RESOLUTION.
6-10 Subject to the limitations of Section 54.016, Water Code, the
6-11 district shall comply with all valid and applicable requirements of
6-12 any ordinance or resolution adopted by the city council of the City
6-13 of Houston, including an ordinance or resolution adopted before the
6-14 effective date of this Act, that consents to the creation of the
6-15 district or to the inclusion of lands within the district.
6-16 SECTION 13. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
6-17 (a) The proper and legal notice of the intention to introduce this
6-18 Act, setting forth the general substance of this Act, has been
6-19 published as provided by law, and the notice and a copy of this Act
6-20 have been furnished to all persons, agencies, officials, or
6-21 entities to which they are required to be furnished by the
6-22 constitution and other laws of this state, including the governor,
6-23 who has submitted the notice and Act to the Texas Natural Resource
6-24 Conservation Commission.
6-25 (b) The Texas Natural Resource Conservation Commission has
6-26 filed its recommendations relating to this Act with the governor,
6-27 lieutenant governor, and speaker of the house of representatives
7-1 within the required time.
7-2 (c) All requirements of the constitution and laws of this
7-3 state and the rules and procedures of the legislature with respect
7-4 to the notice, introduction, and passage of this Act are fulfilled
7-5 and accomplished.
7-6 SECTION 14. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
7-7 takes effect September 1, 2001.
7-8 (b) If the creation of the district is not confirmed at a
7-9 confirmation election held under Section 10 of this Act before
7-10 September 1, 2003, this Act expires on that date.