By Keffer H.B. No. 3693
77R13084 QS-D
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 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. The district is a governmental
1-9 agency and a body politic and corporate.
1-10 (b) The district is created under and is essential to
1-11 accomplish the purposes of Section 59, Article XVI, Texas
1-12 Constitution.
1-13 (c) The district is created without the necessity of holding
1-14 a confirmation election.
1-15 SECTION 2. DEFINITIONS. In this Act:
1-16 (1) "Board" means the board of directors of the
1-17 district.
1-18 (2) "District" means the Lake Granbury Water
1-19 Improvement District.
1-20 (3) "Retail sewer utility" means any person,
1-21 corporation, public utility, water supply or sewer service
1-22 corporation, municipality, political subdivision, or agency
1-23 operating, maintaining, or controlling in this state facilities for
1-24 providing sewer service for compensation.
2-1 SECTION 3. BOUNDARIES. The district includes the territory
2-2 contained within the following area:
2-3 BEGINNING at a point at the Northeast corner of the Hood County,
2-4 Texas line and the Northwest corner of the Johnson County, Texas
2-5 line, also being on the South line of Parker County, Texas;
2-6 THENCE, South along the East line of Hood County and the West line
2-7 of Johnson County to a point in the south of line of the R.B. Berry
2-8 Survey, Hood County Abstract No. 765 and Johnson County Abstract
2-9 No. 985, this point being located in a north line of the W. Mann
2-10 Survey, Hood County Abstract No. 780 and Johnson County Abstract
2-11 No. 1120;
2-12 THENCE, West along the south line of said Berry Survey and a north
2-13 line of said Mann Survey to the southwest corner of said Berry
2-14 Survey;
2-15 THENCE, North along the west line of said Berry Survey and an east
2-16 line of said Mann Survey to the most northerly northeast corner of
2-17 said Mann Survey;
2-18 THENCE, West along the north line of said Mann Survey and the north
2-19 line of the J.R. Sykes Survey, Abstract No. 344 and the south line
2-20 of the J.F. McGee Survey, Abstract No. 388 and the north line of
2-21 the W. Williams Survey, Abstract No. 677 to the southwest corner of
2-22 said McGee Survey, this point being an interior corner of said W.
2-23 Williams Survey;
2-24 THENCE, North along the west line of said McGee Survey and an east
2-25 line of said W. Williams Survey to the northwest corner of said
2-26 McGee Survey and the most northerly northeast corner of said W.
2-27 Williams Survey;
3-1 THENCE, West along the north line of said W. Williams Survey to the
3-2 northwest corner of said W. Williams Survey;
3-3 THENCE, South along the most westerly west line of said W. Williams
3-4 Survey to a point in the north line of the J.C. Berry Survey,
3-5 Abstract No. 776;
3-6 THENCE, East along a south line of said W. Williams Survey and the
3-7 north line of said J.C. Berry Survey to the northeast corner of
3-8 said J.C. Berry Survey, this point being an interior corner of said
3-9 W. Williams Survey;
3-10 THENCE, South along the east line of said J.C Berry Survey and a
3-11 west line of said W. Williams Survey to the southeast corner of
3-12 said J.C. Berry Survey, this point being the northeast corner of
3-13 the J.C. Stewart Survey, Abstract No. 774;
3-14 THENCE, West along the south line of said J.C. Berry Survey and the
3-15 north line of said Stewart Survey and the north line of the C.H.
3-16 Strong Survey, Abstract No. 742 to the northwest corner of said
3-17 Strong Survey;
3-18 THENCE, South along the west line of said C.H. Strong Survey and
3-19 the east line of the J. Loughbridge Survey, Abstract No. 338 and
3-20 the east line of the J.R. Loughbridge Survey, Abstract No. 337 and
3-21 a west line of the D.L. Middleton Survey, Abstract No. 732 to the
3-22 southeast corner of said J.R. Loughbridge Survey, this point being
3-23 an interior corner of said D.L. Middleton Survey;
3-24 THENCE, West along the south line of said J.R. Loughbridge Survey
3-25 to the most westerly west line of said D.L. Middleton Survey, this
3-26 point being the northeast corner of the O.P. Hutchison Survey,
3-27 Abstract No. 768;
4-1 THENCE, South along the east line of said Hutchison Survey and the
4-2 most westerly west line of said D.L. Middleton to the northwest
4-3 corner of a 111.5 acre tract of land described in the deed recorded
4-4 in Volume 64, Page 99, Deed Records, Hood County, Texas;
4-5 THENCE, South 82 degrees East along the north line of said 111.5
4-6 acre tract to a point in the most westerly east line of said D.L.
4-7 Middleton Survey;
4-8 THENCE, South along the most westerly east line of said D.L.
4-9 Middleton Survey to the most southerly southeast corner of said
4-10 D.L. Middleton Survey, this point being located in the north line
4-11 of the E.C. Hull Survey, Abstract No. 243;
4-12 THENCE, West along the south line of said D.L. Middleton Survey and
4-13 the north line of said E.C. Hull Survey to the northwest corner of
4-14 said E.C. Hull Survey, this point being located in the east line of
4-15 said Hutchison Survey;
4-16 THENCE, South along the west line of said E.C. Hull Survey and the
4-17 east line of said Hutchison Survey to the southeast corner of said
4-18 Hutchison Survey, this point being located in the northwest line of
4-19 the Washington Howard Survey, Abstract No. 244;
4-20 THENCE, Northeast along the northwest line of said Howard Survey to
4-21 the northeast corner of said Howard Survey, this point being an
4-22 interior corner of said E.C. Hull Survey;
4-23 THENCE, Southeasterly along the northeast line of said Howard
4-24 Survey to the most southerly southwest corner of said E.C. Hull
4-25 Survey, this point being the northwest corner of the E.D Crouch
4-26 Survey, Abstract No. 99;
4-27 THENCE, East along the south line of said E.C. Hull Survey and the
5-1 north line of said Crouch Survey and the south line of the D. Hull
5-2 Survey, Abstract No. 241 to the southeast corner of said D. Hull
5-3 Survey, this point being located in the west line of the David Hull
5-4 Survey, Abstract No. 242;
5-5 THENCE, South along the west line of said David Hull Survey,
5-6 Abstract No. 242 and the west line of the D.L. Middleton Survey,
5-7 Abstract No. 733 to the southwest corner of said D.L. Middleton
5-8 Survey;
5-9 THENCE, East along the south line of said D.L. Middleton Survey and
5-10 the south line of the J.F. Randel Survey, Hood County Abstract No.
5-11 856 and Johnson County Abstract No. 733 to a point in the common
5-12 east line of Hood County and west line of Johnson County, Texas;
5-13 THENCE, South along said Hood/Johnson County line crossing the
5-14 Brazos River at the northerly side of Cordova Bend and the
5-15 northerly line of the James Moore Survey, Abstract No. 344,
5-16 continuing along said Hood/Johnson County line, to the Brazos River
5-17 at the southerly side of Cordova Bend and the southerly line of
5-18 said Moore Survey;
5-19 THENCE, Southwesterly along the meanders of the Brazos River and
5-20 the southerly line of said Moore Survey, passing the northeast
5-21 corner of the Thomas E. Tucker Survey, Abstract No. 566, continuing
5-22 along said Brazos River to the common south line of Hood County and
5-23 the north line of Somervell County, Texas;
5-24 THENCE, West along the Hood/Somervell County line, across Mitchell
5-25 Bend, to a point in the Brazos River on the east side of Cox Bend;
5-26 THENCE, Northwesterly along the meanders of said Brazos River to a
5-27 point of the west side of Cox Bend at the above mentioned
6-1 Hood/Somervell County line;
6-2 THENCE, West along said Hood/Somervell County line to the northeast
6-3 corner of the W.B. Smith Survey, Somervell County Abstract No. 90,
6-4 this point being in the south line of the John C. Grace Survey,
6-5 Hood County Abstract No. 203, this point also being an angle point
6-6 on the said Hood/Somervell County line;
6-7 THENCE, South 60 degrees West along the said Hood/Somervell County
6-8 line and the south line of said Grace Survey to the southwest
6-9 corner of said Grace Survey, this point being the southeast corner
6-10 of the James D. Elliot Survey, Hood County Abstract No. 170;
6-11 THENCE, North 30 degrees West along the southwesterly line of said
6-12 John C. Grace Survey and the northeasterly line of said J.D. Elliot
6-13 Survey to the northwest corner of said Grace Survey and the
6-14 northeast corner of said Elliott Survey, this point being located
6-15 in the southeast line of the John C. Grace Survey, Abstract No.
6-16 190;
6-17 THENCE, South 60 degrees West along the southeast line of said
6-18 Grace Survey, Abstract No. 190, to the southwest corner of said
6-19 Grace Survey, this point being the southeast corner of the Richard
6-20 Disney Survey, Abstract No. 144;
6-21 THENCE, North 30 degrees West along the southwesterly line of said
6-22 Grace Survey to the northwest corner of said Grace Survey and the
6-23 northeast corner of said Disney Survey, this point being located in
6-24 the southeasterly line of the Felix C. Cattonet Survey, Abstract
6-25 No. 92;
6-26 THENCE, South 60 degrees West along the southeasterly line of said
6-27 Cattonet Survey and the northwesterly line of said Disney Survey
7-1 and the northwesterly line of the William R. Carey Survey, Abstract
7-2 No. 85, to the southeast corner of the George Gordon tract of land,
7-3 this point being located in the southeasterly line of the J.O.
7-4 Morris Survey, Abstract No. 347;
7-5 THENCE, North 30 degrees West 410 varas along the northeasterly
7-6 line of said Gordon tract to the northeast corner of said Gordon
7-7 tract;
7-8 THENCE, South 60 degrees West 540 varas along the northwesterly
7-9 line of said Gordon tract to the northwest corner of said Gordon
7-10 tract, this point being located in the southwesterly line of said
7-11 Morris Survey and the northeasterly line of the P.S. Hughlett
7-12 Survey, Abstract No. 257;
7-13 THENCE, North 30 degrees West along the northeasterly line of said
7-14 Hughlett Survey and the southwesterly line of said Morris Survey to
7-15 a point in the State Highway No. 51-Paluxy Highway;
7-16 THENCE, North 26 degrees East 1,275 varas along said highway,
7-17 crossing the northwesterly line of said Morris Survey and the
7-18 southeasterly line of the William Harper Survey, Abstract No. 254,
7-19 to a point in the northeasterly line of said Harper Survey,
7-20 Abstract No. 254, this point being located in the southwesterly
7-21 line of the William Harper Survey, Abstract No. 258;
7-22 THENCE, North 30 degrees West, 2,165 varas to the northeast corner
7-23 of said Harper Survey, Abstract No. 254 and the northwest corner of
7-24 said Harper Survey, Abstract No. 258, this point also being the
7-25 most southerly southwest corner of the Thomas W. Bundick Survey,
7-26 Abstract No. 24;
7-27 THENCE, North 60 degrees East 520 varas along the northwesterly
8-1 line of said Harper Survey, Abstract No. 258 to the most southerly
8-2 southeast corner of said Bundick Survey, Abstract No. 24, this
8-3 point also being the southwest corner of the Jonathan Shaw Survey,
8-4 Abstract No. 514;
8-5 THENCE, North 30 degrees West 950 varas along the northeasterly
8-6 line of said Bundick Survey, Abstract No. 24 and the southwesterly
8-7 line of said Shaw Survey, Abstract No. 514 to the northwest corner
8-8 of said Shaw Survey, Abstract No. 514;
8-9 THENCE, North 60 degrees East 1,930 varas along the northwesterly
8-10 line of said Shaw Survey, Abstract No. 514 and the northwesterly
8-11 line of the Jonathan Shaw Survey, Abstract No. 513 and the
8-12 southeasterly line of the C. Arrington Survey, Abstract No. 10 to
8-13 the northeast corner of said Shaw Survey, Abstract No. 513 and the
8-14 southeast corner of said C. Arrington Survey, this point being in
8-15 the southwesterly line of the Thomas W. Bundick Survey, Abstract
8-16 No. 23;
8-17 THENCE, North 30 degrees West along the northeasterly line of said
8-18 C. Arrington Survey and the southwesterly line of said Bundick
8-19 Survey, Abstract No. 23 to the northeast corner of said C.
8-20 Arrington Survey and the northwest corner of said Bundick Survey,
8-21 Abstract No. 23, this point being in the southeasterly line of the
8-22 W.J. Arrington Survey, Abstract No. 18;
8-23 THENCE, North 60 degrees East along the southeasterly line of said
8-24 W.J. Arrington Survey and the northwesterly line of said Bundick
8-25 Survey, Abstract No. 23 to the southeast corner of said W.J.
8-26 Arrington Survey;
8-27 THENCE, North 30 degrees West along the northeasterly line of said
9-1 W.J. Arrington Survey to the northeast corner of said W.J.
9-2 Arrington Survey, this point being in the southeasterly line of the
9-3 E.T. Gatlin Survey, Abstract No. 211;
9-4 THENCE, South 60 degrees West along the northwesterly line of said
9-5 W.J. Arrington Survey and the southeasterly line of said Gatlin
9-6 Survey and the southeasterly line of the T.W. Arrington Survey,
9-7 Abstract No. 17 and the northwesterly line of the aforementioned
9-8 Thomas W. Bundick Survey, Abstract No. 24 to the southwest corner
9-9 of said T.W. Arrington and the most easterly southeast corner of
9-10 the James S. Turner Survey, Abstract No. 557;
9-11 THENCE, North 30 degrees West along the most easterly northeast
9-12 line of said J. S. Turner Survey, passing the most easterly
9-13 northeast corner of said J.S. Turner Survey and crossing the L.E.
9-14 Earnest Survey, Abstract No. 883 and crossing the I.W. Walley
9-15 Survey, Abstract No. 870 to a point in the northwesterly line of
9-16 said Walley Survey;
9-17 THENCE, South 60 degrees West 1,006 varas along the northwesterly
9-18 line of said Walley Survey and the most northerly northwest line of
9-19 said Earnest Survey and the most northerly northwest line of said
9-20 J.S. Turner Survey and the southeasterly line of the Willis
9-21 Phillips Survey, Abstract No. 196, to the southwest corner of the
9-22 J. Menefee tract of land out of the said Phillips Survey and the
9-23 Thomas P. Helm Survey, Abstract No. 253;
9-24 THENCE, North 30 degrees West 699 varas along the southwesterly
9-25 line of said J. Menefee tract, crossing the southeasterly line of
9-26 said Helm Survey, to the northwesterly corner of said J. Menefee
9-27 tract;
10-1 THENCE, North 60 degrees East 370 varas along the northwesterly
10-2 line of said J. Menefee tract to the northeasterly corner of said
10-3 J. Menefee tract, this point being located in the northeasterly
10-4 line of said Helm Survey and the most easterly southwest line of
10-5 said Phillips Survey;
10-6 THENCE, North 30 degrees West 250 varas along the northeast line of
10-7 said Helm Survey and the most easterly southwest line of said
10-8 Phillips Survey to the most northerly northwest corner of said
10-9 Phillips Survey, this point being the most easterly southwest
10-10 corner of the J.M Ybardo Survey, Abstract No. 750;
10-11 THENCE, North 60 degrees East 500 varas along the southeast line of
10-12 said Ybardo Survey and the most northerly northwest line of said
10-13 Phillips Survey to the northeast corner of said Phillips Survey and
10-14 the northwest corner of the S. Ruyle Survey, Abstract No. 825;
10-15 THENCE, North 30 degrees West, 1,150 varas to a post on the
10-16 southeast line of the A.M. Nelson Survey, Abstract No. 426;
10-17 THENCE, South 60 degrees West 600 varas to the southwest corner of
10-18 said Nelson Survey, this point being located in the northeast line
10-19 of the Robert Carson Survey, Abstract No. 132;
10-20 THENCE, North 30 degrees West 550 varas along the northeast line of
10-21 said Carson Survey and a southwest line of said Nelson Survey to
10-22 the northeast corner of said Carson Survey, this point being an
10-23 interior corner of said Nelson Survey;
10-24 THENCE, South 60 degrees West along the northwest line of said
10-25 Carson Survey to the southeast corner of the John E. Smith Survey,
10-26 Abstract No. 580, this point being a southwest corner of said
10-27 Nelson Survey;
11-1 THENCE, North 30 degrees West along the northeast line of said J.E.
11-2 Smith Survey and a southwest line of said Nelson Survey and the
11-3 southwest line of the Lemuel G. Farris Survey, Abstract No. 184 to
11-4 the northeast corner of said J.E. Smith Survey, this point being
11-5 the most southerly southeast corner of the B.F. Pennington Survey,
11-6 Abstract No. 662;
11-7 THENCE, South 60 degrees West along the northwest line of said
11-8 Smith Survey and the most southerly southeast line of said
11-9 Pennington Survey to the southwest corner of said Pennington
11-10 Survey, this point being the most easterly southeast corner of the
11-11 Lemuel Peters Survey, Abstract No. 438;
11-12 THENCE, North 30 degrees West along the southwest line of said
11-13 Pennington Survey and the northeast line of said Peters Survey to
11-14 the northeast corner of said Peters Survey and the northwest corner
11-15 of said Pennington Survey, this point being located in the
11-16 southeast line of the Ben. R. Thomas Survey, Abstract No. 567;
11-17 THENCE, North 60 degrees East along the southeasterly line of said
11-18 Ben. R. Thomas Survey and the northwesterly line of said Pennington
11-19 Survey to the southeast corner of said Ben. R. Thomas Survey, this
11-20 point also being located at an interior southwesterly corner of the
11-21 Nathan H. Hooe Survey, Abstract No. 271;
11-22 THENCE, North 30 degrees West along the northeasterly line of said
11-23 Ben. R. Thomas Survey and a southwesterly line of said Hooe Survey
11-24 and the most westerly southwest line of the Patrick Quinn Survey,
11-25 Abstract No. 702 to the northeast corner of said Ben. R. Thomas
11-26 Survey and the northwest corner of said Quinn Survey, this point
11-27 also being the southeast corner of the William Love Survey,
12-1 Abstract No. 318 and the southwest corner of the George Gazley
12-2 Survey, Abstract No. 195;
12-3 THENCE, North 60 degrees East along the southeasterly line of said
12-4 Gazley Survey, and the southeasterly line of the John D. Jameson
12-5 Survey, Abstract No. 294 to the southeast corner of said Jameson
12-6 Survey and the southwest corner of the Peyton Blan Survey, Abstract
12-7 No. 32-435;
12-8 THENCE, North 30 degrees West along the northeasterly line of said
12-9 Jameson Survey, and the southwesterly line of said Blan Survey and
12-10 the northeasterly line of the John D. Brown Survey, Abstract No. 25
12-11 and the southwesterly line of the William Milspaugh Survey,
12-12 Abstract No. 345 to the northeast corner of said Brown Survey and
12-13 the northwest corner of said Milspaugh Survey, this point being
12-14 located in the southerly line of the Simon Cockrell Survey,
12-15 Abstract No. 87;
12-16 THENCE, North 60 degrees East along the northwesterly line of said
12-17 Milspaugh Survey and the southerly line of said Cockrell Survey to
12-18 the southeast corner of said Cockrell Survey, this point also being
12-19 the southwest corner of the Lorenzo de Lavalla Survey, Abstract No.
12-20 613;
12-21 THENCE, North along the east line of said Cockrell Survey and the
12-22 west line of said de Lavalla Survey to a point on the common north
12-23 line of Hood County and the south line of Parker County, Texas;
12-24 THENCE, East along said Hood/Parker County line, crossing the
12-25 Brazos River and several surveys of land to the Point of Beginning.
12-26 SECTION 4. FINDINGS RELATIVE TO BOUNDARIES. The legislature
12-27 finds that the boundaries and field notes of the district form a
13-1 closure. A mistake in the field notes or in copying the field notes
13-2 in the legislative process does not affect the organization,
13-3 existence, or validity of the district, the right of the district
13-4 to impose taxes, or the legality or operation of the district or
13-5 its governing body.
13-6 SECTION 5. FINDING OF BENEFIT. All of the land and other
13-7 property included within the boundaries of the district will be
13-8 benefited by the works and projects that are to be accomplished by
13-9 the district under powers conferred by Section 59, Article XVI,
13-10 Texas Constitution. The district is created to serve a public use
13-11 and benefit.
13-12 SECTION 6. GENERAL POWERS. (a) The district has all of the
13-13 rights, powers, privileges, authority, functions, and duties
13-14 provided by the general law of this state, including Chapters 30,
13-15 49, and 54, Water Code, applicable to municipal utility districts
13-16 created under Section 59, Article XVI, Texas Constitution, except
13-17 that the district does not have any of the powers provided in
13-18 Section 54.201(b), Water Code, except for the powers provided in
13-19 Section 54.201(b)(2) to collect, transport, process, dispose of,
13-20 and control all domestic, industrial, and communal wastes, whether
13-21 in fluid, solid, or composite state. This Act prevails over any
13-22 provision of general law that is in conflict or inconsistent with
13-23 this Act.
13-24 (b) The rights, powers, privileges, authority, functions,
13-25 and duties of the district are subject to the continuing right of
13-26 supervision of the state to be exercised by and through the Texas
13-27 Natural Resource Conservation Commission.
14-1 SECTION 7. BOARD OF DIRECTORS. (a) The district is
14-2 governed by a board of eight directors.
14-3 (b) Temporary directors serve until initial directors are
14-4 elected under Section 10 of this Act.
14-5 (c) Initial directors serve until permanent directors are
14-6 elected under Section 11 of this Act.
14-7 (d) Permanent directors serve staggered four-year terms.
14-8 (e) A director serves until the director's successor has
14-9 qualified.
14-10 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of
14-11 directors consists of:
14-12 (1) Larry Brockman, Precinct ____;
14-13 (2) Ron Cullers, Precinct ____;
14-14 (3) Susan Cummet, Precinct ____;
14-15 (4) Larry Kemp, Precinct ____;
14-16 (5) G. Holman King, Precinct ____;
14-17 (6) Clyde Perry, Precinct ____;
14-18 (7) James L. Shultz, Precinct ____; and
14-19 (8) J. C. Wright, Precinct ____.
14-20 (b) The temporary directors shall take the oath of office
14-21 and execute bonds to qualify for holding their offices as soon as
14-22 possible after the effective date of this Act.
14-23 (c) If a temporary director fails to qualify for office, the
14-24 temporary directors who have qualified shall appoint a person to
14-25 fill the vacancy. If at any time there are fewer than five
14-26 qualified temporary directors, the Texas Natural Resource
14-27 Conservation Commission shall appoint the necessary number of
15-1 persons to fill all vacancies on the board.
15-2 SECTION 9. METHOD OF ELECTING DIRECTORS. (a) The territory
15-3 within the district shall be divided into four voting precincts
15-4 along the same lines as the precincts established by the Hood
15-5 County Commissioners Court for the election of county
15-6 commissioners. The board may adjust the precinct boundaries as
15-7 necessary to provide for proper representation of voters within the
15-8 district if the district annexes land or if otherwise required by
15-9 law.
15-10 (b) Two directors shall be elected from each voting precinct
15-11 by the voters of that precinct. The candidate who receives the
15-12 highest number of votes and the candidate who receives the second
15-13 highest number of votes in a precinct shall serve as the directors
15-14 from that precinct.
15-15 (c) To be qualified to be a candidate for or to serve as
15-16 director, a person must reside in and be a registered voter in the
15-17 voting precinct that the person seeks to represent.
15-18 SECTION 10. INITIAL DIRECTORS' ELECTION. (a) On the first
15-19 Saturday in May 2002, the temporary board shall hold an election to
15-20 elect eight initial directors as provided by the Election Code and
15-21 Chapters 49 and 54, Water Code.
15-22 (b) At the initial directors' election, the temporary board
15-23 shall have placed on the ballot the name of any candidate filing
15-24 for an initial director's position and blank spaces to write in the
15-25 names of other persons. A temporary director who is qualified to
15-26 be a candidate under Section 9 of this Act may file for an initial
15-27 director's position.
16-1 (c) Of the two directors initially elected from each
16-2 precinct within the district, the director with the most votes
16-3 shall serve a term ending in May 2006, and the other director shall
16-4 serve a term ending in May 2004.
16-5 (d) At the election, the board may submit to the voters
16-6 propositions to authorize issuance of bonds, a maintenance tax, and
16-7 a tax to make payments under a contract.
16-8 SECTION 11. ELECTION OF DIRECTORS. On the first Saturday in
16-9 May of each even-numbered year, the appropriate number of directors
16-10 shall be elected.
16-11 SECTION 12. EXCLUSION OF LAND FROM THE DISTRICT. (a) Land
16-12 may be excluded from the district as provided by Chapters 49 and
16-13 54, Water Code, and as provided by this section.
16-14 (b) Not later than two months after the temporary directors
16-15 qualify for office, the district shall provide written notice to
16-16 each retail sewer utility providing retail sewer utility service
16-17 within the boundaries of the district, according to the records of
16-18 the Texas Natural Resource Conservation Commission, stating:
16-19 (1) the existence of the district and its purposes;
16-20 and
16-21 (2) that the governing body of a retail sewer utility
16-22 may request that any area in the district in which the retail sewer
16-23 utility is providing retail sewer utility service be excluded from
16-24 the boundaries of the district.
16-25 (c) Notice provided under this section must be sent by
16-26 certified mail, return receipt requested.
16-27 (d) To have territory excluded from the district, a retail
17-1 sewer utility must file a written resolution with the district not
17-2 later than the 60th day after the date of receipt of the notice by
17-3 the retail sewer utility. The resolution must contain an accurate
17-4 description of the area to be excluded.
17-5 (e) At its next meeting after receiving a written
17-6 resolution, the board shall adopt an order excluding the area
17-7 described in the written resolution and redefining the boundaries
17-8 of the district to reflect the exclusion.
17-9 (f) Notwithstanding Subsections (b)-(e) of this section, a
17-10 retail sewer utility that is a municipality may, not later than one
17-11 year after the effective date of this Act, file with the district a
17-12 written resolution of the city council of the municipality
17-13 requesting that all or any part of the area within the corporate
17-14 limits or extraterritorial jurisdiction of the municipality be
17-15 excluded from the boundaries of the district if the area is not
17-16 within the service area of another retail sewer utility. Upon
17-17 receipt of a written resolution, the board shall, at its next
17-18 meeting, adopt an order excluding the area and redefining the
17-19 boundaries of the district to reflect the exclusion.
17-20 (g) It is expressly acknowledged for purposes of this Act
17-21 that the City of Granbury, in Hood County, Texas, is a retail sewer
17-22 utility.
17-23 SECTION 13. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
17-24 (a) The proper and legal notice of the intention to introduce this
17-25 Act, setting forth the general substance of this Act, has been
17-26 published as provided by law, and the notice and a copy of this Act
17-27 have been furnished to all persons, agencies, officials, or
18-1 entities to which they are required to be furnished by the
18-2 constitution and other laws of this state, including the governor,
18-3 who has submitted the notice and Act to the Texas Natural Resource
18-4 Conservation Commission.
18-5 (b) The Texas Natural Resource Conservation Commission has
18-6 filed its recommendations relating to this Act with the governor,
18-7 lieutenant governor, and speaker of the house of representatives
18-8 within the required time.
18-9 (c) All requirements of the constitution and laws of this
18-10 state and the rules and procedures of the legislature with respect
18-11 to the notice, introduction, and passage of this Act are fulfilled
18-12 and accomplished.
18-13 SECTION 14. EFFECTIVE DATE. This Act takes effect
18-14 immediately if it receives a vote of two-thirds of all the members
18-15 elected to each house, as provided by Section 39, Article III,
18-16 Texas Constitution. If this Act does not receive the vote
18-17 necessary for immediate effect, this Act takes effect September 1,
18-18 2001.