By Hilbert                                            H.B. No. 3689
         77R13390 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. 387.
 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. 387, 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. 387.
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 Andrew Lawson Survey, Abstract No.
1-20     509, Harris County, Texas, said 200.000 acres being more
1-21     particularly described by metes and bounds as follows with all
1-22     control referred to the 1927 Texas State Plane Coordinate System,
1-23     Lambert Projection, South Central Zone;
1-24     BEGINNING at an axle found at the northwest corner of the John
 2-1     Brock Survey, Abstract No. 122, also being the northeast corner of
 2-2     the Isaac Bunker Survey, Abstract No. 120, lying in the south line
 2-3     of the Andrew Lawson Survey, Abstract No. 509, having a Texas State
 2-4     Plane Coordinate Value of X = 3,097,761.69 (E), Y = 853,817.96 (N);
 2-5     THENCE SOUTH 87 degrees 55 minutes 09 seconds WEST, 349.81 feet to
 2-6     a southerly corner of the herein described tract;
 2-7     THENCE SOUTH 87 degrees 56 minutes 12 seconds WEST, 1,074.17 feet
 2-8     to a southerly corner of the herein described tract;
 2-9     THENCE SOUTH 87 degrees 58 minutes 18 seconds WEST, 515.87 feet to
2-10     a southerly corner of the herein described tract;
2-11     THENCE SOUTH 87 degrees 53 minutes 15 seconds WEST, 396.54 feet to
2-12     a southerly corner of the herein described tract;
2-13     THENCE SOUTH 87 degrees 56 minutes 45 seconds WEST, 649.93 feet to
2-14     a southerly corner of the herein described tract;
2-15     THENCE SOUTH 87 degrees 54 minutes 54 seconds WEST, 124.30 feet to
2-16     the southwest corner of the herein described tract;
2-17     THENCE NORTH 02 degrees 03 minutes 51 seconds WEST, 1,999.94 feet
2-18     to the northwest corner of the herein described tract;
2-19     THENCE NORTH 88 degrees 04 minutes 16 seconds EAST, 4,372.62 feet
2-20     to the northeast corner of the herein described tract;
2-21     THENCE SOUTH 01 degrees 34 minutes 50 seconds EAST, 2,000.08 feet
2-22     to the southeast corner of the herein described tract;
2-23     THENCE SOUTH 88 degrees 27 minutes 01 seconds WEST, 211.70 feet to
2-24     a southerly corner of the herein described tract;
2-25     THENCE SOUTH 88 degrees 25 minutes 09 seconds WEST, 312.27 feet to
2-26     a southerly corner of the herein described tract;
2-27     THENCE SOUTH 88 degrees 24 minutes 13 seconds WEST, 721.18 feet to
 3-1     the POINT OF BEGINNING, containing 200.000 acres (8,712,000 square
 3-2     feet) of land.
 3-3           SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
 3-4     finds that the boundaries and field notes of the district form a
 3-5     closure. A mistake in the field notes or in copying the field notes
 3-6     in the legislative process does not affect the organization,
 3-7     existence, or validity of the district, the validity of its bonds,
 3-8     notes, or other indebtedness, the right of the district to levy and
 3-9     collect taxes, or the legality or operation of the district or its
3-10     governing body.
3-11           SECTION 5. FINDING OF BENEFIT. All of the land and other
3-12     property included within the boundaries of the district will be
3-13     benefited by the works and projects that are to be accomplished by
3-14     the district under powers conferred by Section 59, Article XVI,
3-15     Texas Constitution. The district is created to serve a public use
3-16     and benefit.
3-17           SECTION 6. POWERS. (a)  The district has all of the rights,
3-18     powers, privileges, authority, functions, and duties provided by
3-19     the general law of this state, including Chapters 49, 50, and 54,
3-20     Water Code, applicable to municipal utility districts created under
3-21     Section 59, Article XVI, Texas Constitution. This Act prevails over
3-22     any provision of general law that is in conflict or inconsistent
3-23     with this Act.
3-24           (b)  The rights, powers, privileges, authority, functions,
3-25     and duties of the district are subject to the continuing right of
3-26     supervision of the state to be exercised by and through the Texas
3-27     Natural Resource Conservation Commission.
 4-1           (c)  The district may not impose an impact fee or assessment
 4-2     on the property, equipment, rights-of-way, facilities, or
 4-3     improvements of an electric utility or a power generation company
 4-4     as defined by Section 31.002, Utilities Code, or a gas utility as
 4-5     defined by Section 101.003 or 121.001, Utilities Code.
 4-6           SECTION 7. RELOCATION OF FACILITIES.  The district may
 4-7     relocate, raise, reroute, change the grade of, or alter the
 4-8     construction of a highway, railroad, electric transmission line,
 4-9     pipeline, canal, or drainage ditch, if considered necessary by the
4-10     board of directors.  The district shall pay for any relocation,
4-11     raising, rerouting, changing, or altering under this section,
4-12     unless otherwise agreed in writing by the interested parties.  If a
4-13     facility is replaced, the cost of replacement is limited to an
4-14     amount equal to the cost of replacing the facility with a
4-15     comparable facility, less the replaced facility's net salvage
4-16     value.
4-17           SECTION 8.  BOARD OF DIRECTORS. (a)  The district is governed
4-18     by a board of five directors.
4-19           (b)  Temporary directors serve until initial directors are
4-20     elected under Section 10 of this Act.
4-21           (c)  Initial directors serve until permanent directors are
4-22     elected under Section 11 of this Act.
4-23           (d)  Permanent directors serve staggered four-year terms.
4-24           (e)  Each director must qualify to serve as director in the
4-25     manner provided by Section 49.055, Water Code.
4-26           (f)  A director serves until the director's successor has
4-27     qualified.
 5-1           SECTION 9. APPOINTMENT OF TEMPORARY DIRECTORS. (a)  On or
 5-2     after the effective date of this Act, a person who owns land
 5-3     included in the district may petition the Texas Natural Resource
 5-4     Conservation Commission to appoint the five temporary directors
 5-5     listed in the petition. The commission shall appoint the directors
 5-6     listed in the petition. If the commission receives more than one
 5-7     petition under this subsection, the commission shall appoint the
 5-8     directors listed in the first petition the commission receives.
 5-9           (b)  A person appointed to be a temporary director shall take
5-10     the oath of office as soon as practicable.
5-11           (c)  If an appointee of the commission fails to qualify or if
5-12     a vacancy occurs in the office of temporary director, the Texas
5-13     Natural Resource Conservation Commission shall appoint an
5-14     individual to fill the vacancy.
5-15           (d)  As soon as all temporary directors have qualified, the
5-16     directors shall meet and elect officers from among their
5-17     membership.
5-18           SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a)
5-19     The temporary board of directors shall call and hold an election to
5-20     confirm establishment of the district and to elect five initial
5-21     directors as provided by Chapter 49, Water Code.
5-22           (b) Section 41.001(a), Election Code, does not apply to a
5-23     confirmation and initial directors' election held as provided by
5-24     this section.
5-25           SECTION 11. ELECTION OF DIRECTORS. (a)  On the first Saturday
5-26     in May of the first even-numbered year after the year in which the
5-27     district is authorized to be created at a confirmation election, an
 6-1     election shall be held in the district for the election of two
 6-2     directors to serve two-year terms and three directors to serve
 6-3     four-year terms.
 6-4           (b)  The board of directors by order may postpone the
 6-5     election date for two years if:
 6-6                 (1)  the election will occur within 60 days after the
 6-7     date on which the confirmation election is held; or
 6-8                 (2)  the board determines that there is not sufficient
 6-9     time to comply with the requirements of law and to order the
6-10     election.
6-11           (c)  On the first Saturday in May of each even-numbered year
6-12     following the first election held under this section, the
6-13     appropriate number of directors shall be elected.
6-14           SECTION 12. COMPLIANCE WITH CITY ORDINANCE OR RESOLUTION.
6-15     Subject to the limitations of Section 54.016, Water Code, the
6-16     district shall comply with all valid and applicable requirements of
6-17     any ordinance or resolution adopted by the city council of the City
6-18     of Houston, including an ordinance or resolution adopted before the
6-19     effective date of this Act, that consents to the creation of the
6-20     district or to the inclusion of lands within the district.
6-21           SECTION 13. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. (a)
6-22     The proper and legal notice of the intention to introduce this Act,
6-23     setting forth the general substance of this Act, has been published
6-24     as provided by law, and the notice and a copy of this Act have been
6-25     furnished to all persons, agencies, officials, or entities to which
6-26     they are required to be furnished by the constitution and other
6-27     laws of this state, including the governor, who has submitted the
 7-1     notice and Act to the Texas Natural Resource Conservation
 7-2     Commission.
 7-3           (b)  The Texas Natural Resource Conservation Commission has
 7-4     filed its recommendations relating to this Act with the governor,
 7-5     lieutenant governor, and speaker of the house of representatives
 7-6     within the required time.
 7-7           (c)  All requirements of the constitution and laws of this
 7-8     state and the rules and procedures of the legislature with respect
 7-9     to the notice, introduction, and passage of this Act are fulfilled
7-10     and accomplished.
7-11           SECTION 14. EFFECTIVE DATE; EXPIRATION DATE. (a)  This Act
7-12     takes effect September 1, 2001.
7-13           (b)  If the creation of the district is not confirmed at a
7-14     confirmation election held under Section 10 of this Act before
7-15     September 1, 2003, this Act expires on that date.