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.
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