1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Lake Granbury Water Improvement
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 Lake Granbury Water Improvement
1-8 District, is created in Hood County, subject to approval at a
1-9 confirmation election under Section 10 of this Act. The district is
1-10 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. DEFINITIONS. In this Act:
1-15 (1) "Board" means the board of directors of the
1-16 district.
1-17 (2) "District" means the Lake Granbury Water
1-18 Improvement District.
1-19 (3) "Retail sewer utility" means any person,
1-20 corporation, public utility, water supply or sewer service
1-21 corporation, municipality, political subdivision, or agency
1-22 operating, maintaining, or controlling in this state facilities for
1-23 providing sewer service for compensation.
1-24 SECTION 3. BOUNDARIES. The district includes the territory
2-1 contained within the following area:
2-2 BEGINNING at a point at the Northeast corner of the Hood County,
2-3 Texas line and the Northwest corner of the Johnson County, Texas
2-4 line, also being on the South line of Parker County, Texas;
2-5 THENCE, South along the East line of Hood County and the West line
2-6 of Johnson County to a point in the south of line of the R.B. Berry
2-7 Survey, Hood County Abstract No. 765 and Johnson County Abstract
2-8 No. 985, this point being located in a north line of the W. Mann
2-9 Survey, Hood County Abstract No. 780 and Johnson County Abstract
2-10 No. 1120;
2-11 THENCE, West along the south line of said Berry Survey and a north
2-12 line of said Mann Survey to the southwest corner of said Berry
2-13 Survey;
2-14 THENCE, North along the west line of said Berry Survey and an east
2-15 line of said Mann Survey to the most northerly northeast corner of
2-16 said Mann Survey;
2-17 THENCE, West along the north line of said Mann Survey and the north
2-18 line of the J.R. Sykes Survey, Abstract No. 344 and the south line
2-19 of the J.F. McGee Survey, Abstract No. 388 and the north line of
2-20 the W. Williams Survey, Abstract No. 677 to the southwest corner of
2-21 said McGee Survey, this point being an interior corner of said W.
2-22 Williams Survey;
2-23 THENCE, North along the west line of said McGee Survey and an east
2-24 line of said W. Williams Survey to the northwest corner of said
2-25 McGee Survey and the most northerly northeast corner of said W.
2-26 Williams Survey;
2-27 THENCE, West along the north line of said W. Williams Survey to the
3-1 northwest corner of said W. Williams Survey;
3-2 THENCE, South along the most westerly west line of said W. Williams
3-3 Survey to a point in the north line of the J.C. Berry Survey,
3-4 Abstract No. 776;
3-5 THENCE, East along a south line of said W. Williams Survey and the
3-6 north line of said J.C. Berry Survey to the northeast corner of
3-7 said J.C. Berry Survey, this point being an interior corner of said
3-8 W. Williams Survey;
3-9 THENCE, South along the east line of said J.C Berry Survey and a
3-10 west line of said W. Williams Survey to the southeast corner of
3-11 said J.C. Berry Survey, this point being the northeast corner of
3-12 the J.C. Stewart Survey, Abstract No. 774;
3-13 THENCE, West along the south line of said J.C. Berry Survey and the
3-14 north line of said Stewart Survey and the north line of the C.H.
3-15 Strong Survey, Abstract No. 742 to the northwest corner of said
3-16 Strong Survey;
3-17 THENCE, South along the west line of said C.H. Strong Survey and
3-18 the east line of the J. Loughbridge Survey, Abstract No. 338 and
3-19 the east line of the J.R. Loughbridge Survey, Abstract No. 337 and
3-20 a west line of the D.L. Middleton Survey, Abstract No. 732 to the
3-21 southeast corner of said J.R. Loughbridge Survey, this point being
3-22 an interior corner of said D.L. Middleton Survey;
3-23 THENCE, West along the south line of said J.R. Loughbridge Survey
3-24 to the most westerly west line of said D.L. Middleton Survey, this
3-25 point being the northeast corner of the O.P. Hutchison Survey,
3-26 Abstract No. 768;
3-27 THENCE, South along the east line of said Hutchison Survey and the
4-1 most westerly west line of said D.L. Middleton to the northwest
4-2 corner of a 111.5 acre tract of land described in the deed recorded
4-3 in Volume 64, Page 99, Deed Records, Hood County, Texas;
4-4 THENCE, South 82 degrees East along the north line of said 111.5
4-5 acre tract to a point in the most westerly east line of said D.L.
4-6 Middleton Survey;
4-7 THENCE, South along the most westerly east line of said D.L.
4-8 Middleton Survey to the most southerly southeast corner of said
4-9 D.L. Middleton Survey, this point being located in the north line
4-10 of the E.C. Hull Survey, Abstract No. 243;
4-11 THENCE, West along the south line of said D.L. Middleton Survey and
4-12 the north line of said E.C. Hull Survey to the northwest corner of
4-13 said E.C. Hull Survey, this point being located in the east line of
4-14 said Hutchison Survey;
4-15 THENCE, South along the west line of said E.C. Hull Survey and the
4-16 east line of said Hutchison Survey to the southeast corner of said
4-17 Hutchison Survey, this point being located in the northwest line of
4-18 the Washington Howard Survey, Abstract No. 244;
4-19 THENCE, Northeast along the northwest line of said Howard Survey to
4-20 the northeast corner of said Howard Survey, this point being an
4-21 interior corner of said E.C. Hull Survey;
4-22 THENCE, Southeasterly along the northeast line of said Howard
4-23 Survey to the most southerly southwest corner of said E.C. Hull
4-24 Survey, this point being the northwest corner of the E.D Crouch
4-25 Survey, Abstract No. 99;
4-26 THENCE, East along the south line of said E.C. Hull Survey and the
4-27 north line of said Crouch Survey and the south line of the D. Hull
5-1 Survey, Abstract No. 241 to the southeast corner of said D. Hull
5-2 Survey, this point being located in the west line of the David Hull
5-3 Survey, Abstract No. 242;
5-4 THENCE, South along the west line of said David Hull Survey,
5-5 Abstract No. 242 and the west line of the D.L. Middleton Survey,
5-6 Abstract No. 733 to the southwest corner of said D.L. Middleton
5-7 Survey;
5-8 THENCE, East along the south line of said D.L. Middleton Survey and
5-9 the south line of the J.F. Randel Survey, Hood County Abstract No.
5-10 856 and Johnson County Abstract No. 733 to a point in the common
5-11 east line of Hood County and west line of Johnson County, Texas;
5-12 THENCE, South along said Hood/Johnson County line crossing the
5-13 Brazos River at the northerly side of Cordova Bend and the
5-14 northerly line of the James Moore Survey, Abstract No. 344,
5-15 continuing along said Hood/Johnson County line, to the Brazos River
5-16 at the southerly side of Cordova Bend and the southerly line of
5-17 said Moore Survey;
5-18 THENCE, Southwesterly along the meanders of the Brazos River and
5-19 the southerly line of said Moore Survey, passing the northeast
5-20 corner of the Thomas E. Tucker Survey, Abstract No. 566, continuing
5-21 along said Brazos River to the common south line of Hood County and
5-22 the north line of Somervell County, Texas;
5-23 THENCE, West along the Hood/Somervell County line, across Mitchell
5-24 Bend, to a point in the Brazos River on the east side of Cox Bend;
5-25 THENCE, Northwesterly along the meanders of said Brazos River to a
5-26 point of the west side of Cox Bend at the above mentioned
5-27 Hood/Somervell County line;
6-1 THENCE, West along said Hood/Somervell County line to the northeast
6-2 corner of the W.B. Smith Survey, Somervell County Abstract No. 90,
6-3 this point being in the south line of the John C. Grace Survey,
6-4 Hood County Abstract No. 203, this point also being an angle point
6-5 on the said Hood/Somervell County line;
6-6 THENCE, South 60 degrees West along the said Hood/Somervell County
6-7 line and the south line of said Grace Survey to the southwest
6-8 corner of said Grace Survey, this point being the southeast corner
6-9 of the James D. Elliot Survey, Hood County Abstract No. 170;
6-10 THENCE, North 30 degrees West along the southwesterly line of said
6-11 John C. Grace Survey and the northeasterly line of said J.D. Elliot
6-12 Survey to the northwest corner of said Grace Survey and the
6-13 northeast corner of said Elliott Survey, this point being located
6-14 in the southeast line of the John C. Grace Survey, Abstract No.
6-15 190;
6-16 THENCE, South 60 degrees West along the southeast line of said
6-17 Grace Survey, Abstract No. 190, to the southwest corner of said
6-18 Grace Survey, this point being the southeast corner of the Richard
6-19 Disney Survey, Abstract No. 144;
6-20 THENCE, North 30 degrees West along the southwesterly line of said
6-21 Grace Survey to the northwest corner of said Grace Survey and the
6-22 northeast corner of said Disney Survey, this point being located in
6-23 the southeasterly line of the Felix C. Cattonet Survey, Abstract
6-24 No. 92;
6-25 THENCE, South 60 degrees West along the southeasterly line of said
6-26 Cattonet Survey and the northwesterly line of said Disney Survey
6-27 and the northwesterly line of the William R. Carey Survey, Abstract
7-1 No. 85, to the southeast corner of the George Gordon tract of land,
7-2 this point being located in the southeasterly line of the J.O.
7-3 Morris Survey, Abstract No. 347;
7-4 THENCE, North 30 degrees West 410 varas along the northeasterly
7-5 line of said Gordon tract to the northeast corner of said Gordon
7-6 tract;
7-7 THENCE, South 60 degrees West 540 varas along the northwesterly
7-8 line of said Gordon tract to the northwest corner of said Gordon
7-9 tract, this point being located in the southwesterly line of said
7-10 Morris Survey and the northeasterly line of the P.S. Hughlett
7-11 Survey, Abstract No. 257;
7-12 THENCE, North 30 degrees West along the northeasterly line of said
7-13 Hughlett Survey and the southwesterly line of said Morris Survey to
7-14 a point in the State Highway No. 51-Paluxy Highway;
7-15 THENCE, North 26 degrees East 1,275 varas along said highway,
7-16 crossing the northwesterly line of said Morris Survey and the
7-17 southeasterly line of the William Harper Survey, Abstract No. 254,
7-18 to a point in the northeasterly line of said Harper Survey,
7-19 Abstract No. 254, this point being located in the southwesterly
7-20 line of the William Harper Survey, Abstract No. 258;
7-21 THENCE, North 30 degrees West, 2,165 varas to the northeast corner
7-22 of said Harper Survey, Abstract No. 254 and the northwest corner of
7-23 said Harper Survey, Abstract No. 258, this point also being the
7-24 most southerly southwest corner of the Thomas W. Bundick Survey,
7-25 Abstract No. 24;
7-26 THENCE, North 60 degrees East 520 varas along the northwesterly
7-27 line of said Harper Survey, Abstract No. 258 to the most southerly
8-1 southeast corner of said Bundick Survey, Abstract No. 24, this
8-2 point also being the southwest corner of the Jonathan Shaw Survey,
8-3 Abstract No. 514;
8-4 THENCE, North 30 degrees West 950 varas along the northeasterly
8-5 line of said Bundick Survey, Abstract No. 24 and the southwesterly
8-6 line of said Shaw Survey, Abstract No. 514 to the northwest corner
8-7 of said Shaw Survey, Abstract No. 514;
8-8 THENCE, North 60 degrees East 1,930 varas along the northwesterly
8-9 line of said Shaw Survey, Abstract No. 514 and the northwesterly
8-10 line of the Jonathan Shaw Survey, Abstract No. 513 and the
8-11 southeasterly line of the C. Arrington Survey, Abstract No. 10 to
8-12 the northeast corner of said Shaw Survey, Abstract No. 513 and the
8-13 southeast corner of said C. Arrington Survey, this point being in
8-14 the southwesterly line of the Thomas W. Bundick Survey, Abstract
8-15 No. 23;
8-16 THENCE, North 30 degrees West along the northeasterly line of said
8-17 C. Arrington Survey and the southwesterly line of said Bundick
8-18 Survey, Abstract No. 23 to the northeast corner of said C.
8-19 Arrington Survey and the northwest corner of said Bundick Survey,
8-20 Abstract No. 23, this point being in the southeasterly line of the
8-21 W.J. Arrington Survey, Abstract No. 18;
8-22 THENCE, North 60 degrees East along the southeasterly line of said
8-23 W.J. Arrington Survey and the northwesterly line of said Bundick
8-24 Survey, Abstract No. 23 to the southeast corner of said W.J.
8-25 Arrington Survey;
8-26 THENCE, North 30 degrees West along the northeasterly line of said
8-27 W.J. Arrington Survey to the northeast corner of said W.J.
9-1 Arrington Survey, this point being in the southeasterly line of the
9-2 E.T. Gatlin Survey, Abstract No. 211;
9-3 THENCE, South 60 degrees West along the northwesterly line of said
9-4 W.J. Arrington Survey and the southeasterly line of said Gatlin
9-5 Survey and the southeasterly line of the T.W. Arrington Survey,
9-6 Abstract No. 17 and the northwesterly line of the aforementioned
9-7 Thomas W. Bundick Survey, Abstract No. 24 to the southwest corner
9-8 of said T.W. Arrington and the most easterly southeast corner of
9-9 the James S. Turner Survey, Abstract No. 557;
9-10 THENCE, North 30 degrees West along the most easterly northeast
9-11 line of said J. S. Turner Survey, passing the most easterly
9-12 northeast corner of said J.S. Turner Survey and crossing the L.E.
9-13 Earnest Survey, Abstract No. 883 and crossing the I.W. Walley
9-14 Survey, Abstract No. 870 to a point in the northwesterly line of
9-15 said Walley Survey;
9-16 THENCE, South 60 degrees West 1,006 varas along the northwesterly
9-17 line of said Walley Survey and the most northerly northwest line of
9-18 said Earnest Survey and the most northerly northwest line of said
9-19 J.S. Turner Survey and the southeasterly line of the Willis
9-20 Phillips Survey, Abstract No. 196, to the southwest corner of the
9-21 J. Menefee tract of land out of the said Phillips Survey and the
9-22 Thomas P. Helm Survey, Abstract No. 253;
9-23 THENCE, North 30 degrees West 699 varas along the southwesterly
9-24 line of said J. Menefee tract, crossing the southeasterly line of
9-25 said Helm Survey, to the northwesterly corner of said J. Menefee
9-26 tract;
9-27 THENCE, North 60 degrees East 370 varas along the northwesterly
10-1 line of said J. Menefee tract to the northeasterly corner of said
10-2 J. Menefee tract, this point being located in the northeasterly
10-3 line of said Helm Survey and the most easterly southwest line of
10-4 said Phillips Survey;
10-5 THENCE, North 30 degrees West 250 varas along the northeast line of
10-6 said Helm Survey and the most easterly southwest line of said
10-7 Phillips Survey to the most northerly northwest corner of said
10-8 Phillips Survey, this point being the most easterly southwest
10-9 corner of the J.M Ybardo Survey, Abstract No. 750;
10-10 THENCE, North 60 degrees East 500 varas along the southeast line of
10-11 said Ybardo Survey and the most northerly northwest line of said
10-12 Phillips Survey to the northeast corner of said Phillips Survey and
10-13 the northwest corner of the S. Ruyle Survey, Abstract No. 825;
10-14 THENCE, North 30 degrees West, 1,150 varas to a post on the
10-15 southeast line of the A.M. Nelson Survey, Abstract No. 426;
10-16 THENCE, South 60 degrees West 600 varas to the southwest corner of
10-17 said Nelson Survey, this point being located in the northeast line
10-18 of the Robert Carson Survey, Abstract No. 132;
10-19 THENCE, North 30 degrees West 550 varas along the northeast line of
10-20 said Carson Survey and a southwest line of said Nelson Survey to
10-21 the northeast corner of said Carson Survey, this point being an
10-22 interior corner of said Nelson Survey;
10-23 THENCE, South 60 degrees West along the northwest line of said
10-24 Carson Survey to the southeast corner of the John E. Smith Survey,
10-25 Abstract No. 580, this point being a southwest corner of said
10-26 Nelson Survey;
10-27 THENCE, North 30 degrees West along the northeast line of said J.E.
11-1 Smith Survey and a southwest line of said Nelson Survey and the
11-2 southwest line of the Lemuel G. Farris Survey, Abstract No. 184 to
11-3 the northeast corner of said J.E. Smith Survey, this point being
11-4 the most southerly southeast corner of the B.F. Pennington Survey,
11-5 Abstract No. 662;
11-6 THENCE, South 60 degrees West along the northwest line of said
11-7 Smith Survey and the most southerly southeast line of said
11-8 Pennington Survey to the southwest corner of said Pennington
11-9 Survey, this point being the most easterly southeast corner of the
11-10 Lemuel Peters Survey, Abstract No. 438;
11-11 THENCE, North 30 degrees West along the southwest line of said
11-12 Pennington Survey and the northeast line of said Peters Survey to
11-13 the northeast corner of said Peters Survey and the northwest corner
11-14 of said Pennington Survey, this point being located in the
11-15 southeast line of the Ben. R. Thomas Survey, Abstract No. 567;
11-16 THENCE, North 60 degrees East along the southeasterly line of said
11-17 Ben. R. Thomas Survey and the northwesterly line of said Pennington
11-18 Survey to the southeast corner of said Ben. R. Thomas Survey, this
11-19 point also being located at an interior southwesterly corner of the
11-20 Nathan H. Hooe Survey, Abstract No. 271;
11-21 THENCE, North 30 degrees West along the northeasterly line of said
11-22 Ben. R. Thomas Survey and a southwesterly line of said Hooe Survey
11-23 and the most westerly southwest line of the Patrick Quinn Survey,
11-24 Abstract No. 702 to the northeast corner of said Ben. R. Thomas
11-25 Survey and the northwest corner of said Quinn Survey, this point
11-26 also being the southeast corner of the William Love Survey,
11-27 Abstract No. 318 and the southwest corner of the George Gazley
12-1 Survey, Abstract No. 195;
12-2 THENCE, North 60 degrees East along the southeasterly line of said
12-3 Gazley Survey, and the southeasterly line of the John D. Jameson
12-4 Survey, Abstract No. 294 to the southeast corner of said Jameson
12-5 Survey and the southwest corner of the Peyton Blan Survey, Abstract
12-6 No. 32-435;
12-7 THENCE, North 30 degrees West along the northeasterly line of said
12-8 Jameson Survey, and the southwesterly line of said Blan Survey and
12-9 the northeasterly line of the John D. Brown Survey, Abstract No. 25
12-10 and the southwesterly line of the William Milspaugh Survey,
12-11 Abstract No. 345 to the northeast corner of said Brown Survey and
12-12 the northwest corner of said Milspaugh Survey, this point being
12-13 located in the southerly line of the Simon Cockrell Survey,
12-14 Abstract No. 87;
12-15 THENCE, North 60 degrees East along the northwesterly line of said
12-16 Milspaugh Survey and the southerly line of said Cockrell Survey to
12-17 the southeast corner of said Cockrell Survey, this point also being
12-18 the southwest corner of the Lorenzo de Lavalla Survey, Abstract No.
12-19 613;
12-20 THENCE, North along the east line of said Cockrell Survey and the
12-21 west line of said de Lavalla Survey to a point on the common north
12-22 line of Hood County and the south line of Parker County, Texas;
12-23 THENCE, East along said Hood/Parker County line, crossing the
12-24 Brazos River and several surveys of land to the Point of Beginning;
12-25 SAVE and EXCEPT the following three tracts:
12-26 (1) approximately 101.9 acres out of the W. Adams Survey, Abstract
12-27 No. 1 and the John Chenowith Survey, Abstract No. 118, Hood County,
13-1 Texas, more particularly described in that certain Deed from F.B.
13-2 Mabery, et ux to TEXAS POWER & LIGHT COMPANY, dated November 15,
13-3 1967, which is recorded at Volume 139, Page 406 of the Deed Records
13-4 of Hood County, Texas;
13-5 (2) approximately 138.3 acres out of the W. Adams Survey, Abstract
13-6 No. 1 and the John Chenowith Survey, Abstract No. 118, Hood County,
13-7 Texas, more particularly described in that certain Deed from R.E.
13-8 Mabery, et ux to TEXAS POWER & LIGHT COMPANY, dated November 15,
13-9 1967, which is recorded at Volume 139, Page 481 of the Deed Records
13-10 of Hood County, Texas; and
13-11 (3) approximately 221.27 acres out of the John Chenowith Survey,
13-12 Abstract No. 118, Hood County, Texas, more particularly described
13-13 in that certain Deed from Jack M. Langdon, et al to TEXAS POWER &
13-14 LIGHT COMPANY, dated September 6, 1978, which is recorded at Volume
13-15 290, page 132 of the Deed Records of Hood County, Texas.
13-16 SECTION 4. FINDINGS RELATIVE TO BOUNDARIES. The legislature
13-17 finds that the boundaries and field notes of the district form a
13-18 closure. A mistake in the field notes or in copying the field notes
13-19 in the legislative process does not affect the organization,
13-20 existence, or validity of the district, the right of the district
13-21 to impose taxes, or the legality or operation of the district or
13-22 its governing body.
13-23 SECTION 5. FINDING OF BENEFIT. All of the land and other
13-24 property included within the boundaries of the district will be
13-25 benefited by the works and projects that are to be accomplished by
13-26 the district under powers conferred by Section 59, Article XVI,
13-27 Texas Constitution. The district is created to serve a public use
14-1 and benefit.
14-2 SECTION 6. GENERAL POWERS. (a) The district has all of the
14-3 rights, powers, privileges, authority, functions, and duties
14-4 provided by the general law of this state, including Chapters 30,
14-5 49, and 54, Water Code, applicable to municipal utility districts
14-6 created under Section 59, Article XVI, Texas Constitution, except
14-7 that the district does not have any of the powers provided in
14-8 Section 54.201(b), Water Code, except for the powers provided in
14-9 Section 54.201(b)(2) to collect, transport, process, dispose of,
14-10 and control all domestic, industrial, and communal wastes, whether
14-11 in fluid, solid, or composite state. This Act prevails over any
14-12 provision of general law that is in conflict or inconsistent with
14-13 this Act.
14-14 (b) The rights, powers, privileges, authority, functions,
14-15 and duties of the district are subject to the continuing right of
14-16 supervision of the state to be exercised by and through the Texas
14-17 Natural Resource Conservation Commission.
14-18 SECTION 7. BOARD OF DIRECTORS. (a) The district is
14-19 governed by a board of eight directors.
14-20 (b) Temporary directors serve until initial directors are
14-21 elected under Section 10 of this Act.
14-22 (c) Initial directors serve until permanent directors are
14-23 elected under Section 11 of this Act.
14-24 (d) Permanent directors serve staggered four-year terms.
14-25 (e) A director serves until the director's successor has
14-26 qualified.
14-27 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of
15-1 directors consists of:
15-2 (1) Larry Brockman;
15-3 (2) Ron Cullers;
15-4 (3) Susan Cummet;
15-5 (4) Larry Kemp;
15-6 (5) G. Holman King;
15-7 (6) Clyde Perry;
15-8 (7) James L. Shultz; and
15-9 (8) J. C. Wright.
15-10 (b) The temporary directors shall take the oath of office
15-11 and execute bonds to qualify for holding their offices as soon as
15-12 possible after the effective date of this Act.
15-13 (c) If a temporary director fails to qualify for office, the
15-14 temporary directors who have qualified shall appoint a person to
15-15 fill the vacancy. If at any time there are fewer than five
15-16 qualified temporary directors, the Texas Natural Resource
15-17 Conservation Commission shall appoint the necessary number of
15-18 persons to fill all vacancies on the board.
15-19 SECTION 9. METHOD OF ELECTING DIRECTORS. (a) The territory
15-20 within the district shall be divided into four voting precincts
15-21 along the same lines as the precincts established by the Hood
15-22 County Commissioners Court for the election of county
15-23 commissioners. The board may adjust the precinct boundaries as
15-24 necessary to provide for proper representation of voters within the
15-25 district if the district annexes land or if otherwise required by
15-26 law.
15-27 (b) Two directors shall be elected from each voting precinct
16-1 by the voters of that precinct. The candidate who receives the
16-2 highest number of votes and the candidate who receives the second
16-3 highest number of votes in a precinct shall serve as the directors
16-4 from that precinct.
16-5 (c) To be qualified to be a candidate for or to serve as
16-6 director, a person must reside in and be a registered voter in the
16-7 voting precinct that the person seeks to represent.
16-8 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
16-9 (a) On the first Saturday in May 2002, the temporary board shall
16-10 hold an election to confirm the establishment of the district and
16-11 to elect eight initial directors as provided by the Election Code
16-12 and Chapters 49 and 54, Water Code.
16-13 (b) At the confirmation and initial directors' election, the
16-14 temporary board shall have placed on the ballot the name of any
16-15 candidate filing for an initial director's position and blank
16-16 spaces to write in the names of other persons. A temporary
16-17 director who is qualified to be a candidate under Section 9 of this
16-18 Act may file for an initial director's position.
16-19 (c) Of the two directors initially elected from each
16-20 precinct within the district, the director with the most votes
16-21 shall serve a term ending in May 2006, and the other director shall
16-22 serve a term ending in May 2004.
16-23 (d) At the election, the board may submit to the voters
16-24 propositions to authorize issuance of bonds, a maintenance tax, and
16-25 a tax to make payments under a contract.
16-26 SECTION 11. ELECTION OF DIRECTORS. On the first Saturday in
16-27 May of each even-numbered year, the appropriate number of directors
17-1 shall be elected.
17-2 SECTION 12. EXCLUSION OF LAND FROM THE DISTRICT. (a) Land
17-3 may be excluded from the district as provided by Chapters 49 and
17-4 54, Water Code, and as provided by this section.
17-5 (b) Not later than two months after the temporary directors
17-6 qualify for office, the district shall provide written notice to
17-7 each retail sewer utility providing retail sewer utility service
17-8 within the boundaries of the district, according to the records of
17-9 the Texas Natural Resource Conservation Commission, stating:
17-10 (1) the existence of the district and its purposes;
17-11 and
17-12 (2) that the governing body of a retail sewer utility
17-13 may request that any area in the district in which the retail sewer
17-14 utility is providing retail sewer utility service be excluded from
17-15 the boundaries of the district.
17-16 (c) Notice provided under this section must be sent by
17-17 certified mail, return receipt requested.
17-18 (d) To have territory excluded from the district, a retail
17-19 sewer utility must file a written resolution with the district not
17-20 later than the 60th day after the date of receipt of the notice by
17-21 the retail sewer utility. The resolution must contain an accurate
17-22 description of the area to be excluded.
17-23 (e) At its next meeting after receiving a written
17-24 resolution, the board shall adopt an order excluding the area
17-25 described in the written resolution and redefining the boundaries
17-26 of the district to reflect the exclusion.
17-27 (f) Notwithstanding Subsections (b)-(e) of this section, a
18-1 retail sewer utility that is a municipality may, not later than one
18-2 year after the effective date of this Act, file with the district a
18-3 written resolution of the city council of the municipality
18-4 requesting that all or any part of the area within the corporate
18-5 limits or extraterritorial jurisdiction of the municipality be
18-6 excluded from the boundaries of the district if the area is not
18-7 within the service area of another retail sewer utility. Upon
18-8 receipt of a written resolution, the board shall, at its next
18-9 meeting, adopt an order excluding the area and redefining the
18-10 boundaries of the district to reflect the exclusion.
18-11 (g) It is expressly acknowledged for purposes of this Act
18-12 that the City of Granbury, in Hood County, Texas, is a retail sewer
18-13 utility.
18-14 SECTION 13. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
18-15 (a) The proper and legal notice of the intention to introduce this
18-16 Act, setting forth the general substance of this Act, has been
18-17 published as provided by law, and the notice and a copy of this Act
18-18 have been furnished to all persons, agencies, officials, or
18-19 entities to which they are required to be furnished by the
18-20 constitution and other laws of this state, including the governor,
18-21 who has submitted the notice and Act to the Texas Natural Resource
18-22 Conservation Commission.
18-23 (b) The Texas Natural Resource Conservation Commission has
18-24 filed its recommendations relating to this Act with the governor,
18-25 lieutenant governor, and speaker of the house of representatives
18-26 within the required time.
18-27 (c) All requirements of the constitution and laws of this
19-1 state and the rules and procedures of the legislature with respect
19-2 to the notice, introduction, and passage of this Act are fulfilled
19-3 and accomplished.
19-4 SECTION 14. EFFECTIVE DATE. This Act takes effect
19-5 immediately if it receives a vote of two-thirds of all the members
19-6 elected to each house, as provided by Section 39, Article III,
19-7 Texas Constitution. If this Act does not receive the vote
19-8 necessary for immediate effect, this Act takes effect September 1,
19-9 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3693 was passed by the House on May
8, 2001, by the following vote: Yeas 147, Nays 0, 2 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3693 was passed by the Senate on May
22, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor