By Armbrister S.B. No. 1619 77R8162 QS-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the validation of the creation and to the 1-3 administration, powers, duties, operation, and financing of the 1-4 Hays County Water Control and Improvement District No. 1 and the 1-5 provision of certain services in the district. 1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-7 SECTION 1. VALIDATION OF CREATION. The creation of the Hays 1-8 County Water Control and Improvement District No. 1 by the Hays 1-9 County Commissioners Court on January 16, 2001, is validated, 1-10 subject to approval at a confirmation election under Chapters 49 1-11 and 51, Water Code. 1-12 SECTION 2. DEFINITION. In this Act, "district" means the 1-13 Hays County Water Control and Improvement District No. 1. 1-14 SECTION 3. BOUNDARIES. The district's boundaries are those 1-15 as found by the Hays County Commissioners Court's order creating 1-16 the district on January 16, 2001. 1-17 SECTION 4. FINDINGS RELATIVE TO BOUNDARIES. The legislature 1-18 finds that the boundaries and field notes of the district form a 1-19 closure. A mistake in the field notes does not affect the 1-20 organization, existence, or validity of the district, the right of 1-21 the district to impose taxes, or the legality or operation of the 1-22 district or its governing body. 1-23 SECTION 5. FINDING OF BENEFIT. All of the land and other 1-24 property included within the boundaries of the district will be 2-1 benefited by the works and projects that are to be accomplished by 2-2 the district under powers conferred by Section 59, Article XVI, 2-3 Texas Constitution. The district serves a public use and benefit. 2-4 SECTION 6. POWERS. (a) The district has all of the rights, 2-5 powers, privileges, authority, functions, and duties provided by 2-6 the general law of this state, including Chapters 49, 51, and 54, 2-7 Water Code, applicable to water control and improvement districts 2-8 and municipal utility districts created pursuant to Section 59, 2-9 Article XVI, Texas Constitution. If Chapters 49, 51, and 54, Water 2-10 Code, conflict, Chapter 51 controls. This Act prevails over any 2-11 provision of general law that is in conflict or inconsistent with 2-12 this Act. 2-13 (b) No other entity, including any public utility or retail 2-14 public utility, may expand the provision of retail water or sewer 2-15 utility service within the boundaries of the district without the 2-16 written authorization of the district or the district's successors 2-17 or assigns unless the Texas Natural Resource Conservation 2-18 Commission finds that the district or its successors or assigns is 2-19 not providing continuous and adequate service to customers in the 2-20 district. In that event, the commission may grant a separate 2-21 retail public utility certificate of convenience and necessity for 2-22 that part of the district where the district is not providing 2-23 continuous and adequate service. 2-24 SECTION 7. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act 2-25 takes effect immediately if it receives a vote of two-thirds of all 2-26 the members elected to each house, as provided by Section 39, 2-27 Article III, Texas Constitution. If this Act does not receive the 3-1 vote necessary for immediate effect, this Act takes effect 3-2 September 1, 2001. 3-3 (b) If the creation of the district is not confirmed at a 3-4 confirmation election before September 1, 2003, this Act expires on 3-5 that date.