1-1 By: Armbrister S.B. No. 1619 1-2 (In the Senate - Filed March 9, 2001; March 14, 2001, read 1-3 first time and referred to Committee on Natural Resources; 1-4 May 2, 2001, reported favorably by the following vote: Yeas 6, 1-5 Nays 0; May 2, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the validation of the creation and to the 1-9 administration, powers, duties, operation, and financing of the 1-10 Hays County Water Control and Improvement District No. 1 and the 1-11 provision of certain services in the district. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. VALIDATION OF CREATION. The creation of the Hays 1-14 County Water Control and Improvement District No. 1 by the Hays 1-15 County Commissioners Court on January 16, 2001, is validated, 1-16 subject to approval at a confirmation election under Chapters 49 1-17 and 51, Water Code. 1-18 SECTION 2. DEFINITION. In this Act, "district" means the 1-19 Hays County Water Control and Improvement District No. 1. 1-20 SECTION 3. BOUNDARIES. The district's boundaries are those 1-21 as found by the Hays County Commissioners Court's order creating 1-22 the district on January 16, 2001. 1-23 SECTION 4. FINDINGS RELATIVE TO BOUNDARIES. The legislature 1-24 finds that the boundaries and field notes of the district form a 1-25 closure. A mistake in the field notes does not affect the 1-26 organization, existence, or validity of the district, the right of 1-27 the district to impose taxes, or the legality or operation of the 1-28 district or its governing body. 1-29 SECTION 5. FINDING OF BENEFIT. All of the land and other 1-30 property included within the boundaries of the district will be 1-31 benefited by the works and projects that are to be accomplished by 1-32 the district under powers conferred by Section 59, Article XVI, 1-33 Texas Constitution. The district serves a public use and benefit. 1-34 SECTION 6. POWERS. (a) The district has all of the rights, 1-35 powers, privileges, authority, functions, and duties provided by 1-36 the general law of this state, including Chapters 49, 51, and 54, 1-37 Water Code, applicable to water control and improvement districts 1-38 and municipal utility districts created pursuant to Section 59, 1-39 Article XVI, Texas Constitution. If Chapters 49, 51, and 54, Water 1-40 Code, conflict, Chapter 51 controls. This Act prevails over any 1-41 provision of general law that is in conflict or inconsistent with 1-42 this Act. 1-43 (b) No other entity, including any public utility or retail 1-44 public utility, may expand the provision of retail water or sewer 1-45 utility service within the boundaries of the district without the 1-46 written authorization of the district or the district's successors 1-47 or assigns unless the Texas Natural Resource Conservation 1-48 Commission finds that the district or its successors or assigns is 1-49 not providing continuous and adequate service to customers in the 1-50 district. In that event, the commission may grant a separate 1-51 retail public utility certificate of convenience and necessity for 1-52 that part of the district where the district is not providing 1-53 continuous and adequate service. 1-54 SECTION 7. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act 1-55 takes effect immediately if it receives a vote of two-thirds of all 1-56 the members elected to each house, as provided by Section 39, 1-57 Article III, Texas Constitution. If this Act does not receive the 1-58 vote necessary for immediate effect, this Act takes effect 1-59 September 1, 2001. 1-60 (b) If the creation of the district is not confirmed at a 1-61 confirmation election before September 1, 2003, this Act expires on 1-62 that date. 1-63 * * * * *