By Lindsay S.B. No. 1775
77R10696 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of Harris County Municipal Utility
1-4 District No. 386, of Harris County, Texas.
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 Harris County Municipal Utility District
1-8 No. 386, of Harris County, Texas, is created in Harris County,
1-9 subject to approval at a confirmation election under Section 9 of
1-10 this Act. The district is a governmental agency and a body politic
1-11 and corporate.
1-12 (b) The district is created under and is essential to
1-13 accomplish the purposes of Article XVI, Section 59, of the Texas
1-14 Constitution.
1-15 SECTION 2. DEFINITION. In this Act, "district" means Harris
1-16 County Municipal Utility District No. 386, of Harris County, Texas.
1-17 SECTION 3. BOUNDARIES. The district includes the territory
1-18 contained within the following area:
1-19 A tract or parcel of land containing 200.000 acres (8,712,000
1-20 square feet) of land out of the Andrew Lawson Survey, Abstract No.
1-21 509, Harris County, Texas, said 200.000 acres being more
1-22 particularly described by metes and bounds as follows with all
1-23 control referred to the 1927 Texas State Plane Coordinate System,
1-24 Lambert Projection, South Central Zone;
2-1 COMMENCING at an axle found at the northwest corner of the John
2-2 Brock Survey, Abstract No. 122, also being the northeast corner of
2-3 the Isaac Bunker Survey, Abstract No. 120, lying in the south line
2-4 of the Andrew Lawson Survey, Abstract No. 509, having a Texas State
2-5 Plane Coordinate Value of X = 3,097,761.69 (E), Y = 853,817.96 (N);
2-6 THENCE NORTH 88 degrees 24 minutes 13 seconds EAST, 721.18 feet to
2-7 a point;
2-8 THENCE NORTH 88 degrees 25 minutes 09 seconds EAST, 312.27 feet to
2-9 a point;
2-10 THENCE NORTH 88 degrees 27 minutes 01 seconds EAST, 211.70 feet to
2-11 the POINT OF BEGINNING and the southwest corner of the herein
2-12 described tract;
2-13 THENCE NORTH 01 degrees 34 minutes 50 seconds WEST, 2,000.08 feet
2-14 to the northwest corner of the herein described tract;
2-15 THENCE NORTH 88 degrees 25 minutes 10 seconds EAST, 4,355.60 feet
2-16 to the northeast corner of the herein described tract;
2-17 THENCE SOUTH 01 degrees 50 minutes 48 seconds EAST, 91.63 feet to a
2-18 5/8" iron rod found at an easterly corner of the herein described
2-19 tract, lying in the east line of said Andrew Lawson Survey, A-509,
2-20 also being the west line of the James Cooper Survey Abstract No.
2-21 189;
2-22 THENCE SOUTH 01 degrees 42 minutes 18 seconds EAST, 729.98 feet to
2-23 an easterly corner of the herein described tract;
2-24 THENCE SOUTH 01 degrees 42 minutes 23 seconds EAST, 1,178.56 feet
2-25 to a 1-inch iron pipe found at the southeast corner of said Andrew
2-26 Lawson Survey, A-509, also being the southeast corner of the herein
2-27 described tract;
3-1 THENCE SOUTH 88 degrees 25 minutes 10 seconds WEST, 1,356.53 feet
3-2 to a southerly corner of the herein described tract;
3-3 THENCE SOUTH 88 degrees 27 minutes 17 seconds WEST, 661.31 feet to
3-4 a southerly corner of the herein described tract;
3-5 THENCE SOUTH 88 degrees 24 minutes 42 seconds WEST, 2,340.36 feet
3-6 to the POINT OF BEGINNING, containing 200.000 acres (8,712,000
3-7 square feet) of land.
3-8 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
3-9 finds that the boundaries and field notes of the district form a
3-10 closure. A mistake in the field notes or in copying the field
3-11 notes in the legislative process does not affect the organization,
3-12 existence, or validity of the district, the validity of its bonds,
3-13 notes, or indebtedness, the right of the district to levy and
3-14 collect taxes, or the legality or operation of the district or its
3-15 governing body.
3-16 SECTION 5. FINDING OF BENEFIT. All of the land and other
3-17 property included within the boundaries of the district will be
3-18 benefited by the works and projects that are to be accomplished by
3-19 the district under powers conferred by Article XVI, Section 59, of
3-20 the Texas Constitution. The district is created to serve a public
3-21 use and benefit.
3-22 SECTION 6. POWERS. (a) The district has all of the rights,
3-23 powers, privileges, authority, functions, and duties provided by
3-24 the general law of this state, including Chapters 49, 50 and 54,
3-25 Water Code, applicable to municipal utility districts created under
3-26 Article XVI, Section 59, of the Texas Constitution. This Act
3-27 prevails over any provision of general law that is in conflict or
4-1 inconsistent with this Act.
4-2 (b) The rights, powers, privileges, authority, functions,
4-3 and duties of the district are subject to the continuing right of
4-4 supervision of the state to be exercised by and through the Texas
4-5 Natural Resource Conservation Commission.
4-6 (c) So long as and to the extent that the district does not
4-7 utilize groundwater produced within the district or the county in
4-8 which the district is situated, the district shall not be subject
4-9 to or affected by any rule, regulation, requirement, restraint,
4-10 order, rate, fee, or other direction or charge adopted,
4-11 promulgated, imposed, or enforced directly or indirectly, pursuant
4-12 to the authority of Chapter 151, Water Code or Chapter 1029, Acts
4-13 of the 76th Texas Legislature, Regular Session, 1999, as same may
4-14 be now or hereafter amended.
4-15 SECTION 7. BOARD OF DIRECTORS. (a) The district is
4-16 governed by a board of five directors.
4-17 (b) Temporary directors serve until initial directors are
4-18 elected under Section 9 of this Act.
4-19 (c) Initial directors serve until permanent directors are
4-20 elected under Section 10 of this Act.
4-21 (d) Permanent directors serve staggered four-year terms.
4-22 (e) Each director must qualify to serve as director in the
4-23 manner provided by Section 49.055, Water Code.
4-24 (f) A director serves until the director's successor has
4-25 qualified.
4-26 SECTION 8. APPOINTMENT OF TEMPORARY DIRECTORS. (a) On or
4-27 after the effective date of this Act, a person who owns land
5-1 included in the district may petition the Texas Natural Resource
5-2 Conservation Commission to appoint the five temporary directors
5-3 listed in the petition. The commission shall appoint the directors
5-4 listed in the petition. If the commission receives more than one
5-5 petition under this subsection, the commission shall appoint the
5-6 directors listed in the first petition the commission receives.
5-7 (b) A person appointed to be a temporary director shall take
5-8 the oath of office as soon as practicable.
5-9 (c) If an appointee of the commission fails to qualify or if
5-10 a vacancy occurs in the office of temporary director, the
5-11 commission shall appoint an individual to fill the vacancy.
5-12 (d) As soon as all temporary directors have qualified, the
5-13 directors shall meet and elect officers from among their
5-14 membership.
5-15 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
5-16 The temporary board of directors shall call and hold an election to
5-17 confirm establishment of the district and to elect five initial
5-18 directors as provided by Chapter 49, Water Code.
5-19 SECTION 10. ELECTION OF DIRECTORS. (a) On the first
5-20 Saturday in May that occurs in an even-numbered year and after the
5-21 date on which the confirmation election is held, an election shall
5-22 be held in the district for the election of two directors who shall
5-23 each serve two-year terms and three directors who shall each serve
5-24 four-year terms.
5-25 (b) The board of directors by order may postpone the
5-26 election date for two years if:
5-27 (1) the election will occur within 60 days after the
6-1 date on which the confirmation election is held; or
6-2 (2) the board determines that there is not sufficient
6-3 time to comply with the requirements of law and to order the
6-4 election.
6-5 (c) On the same date in each even-numbered year following
6-6 the first election held under this section, the appropriate number
6-7 of directors shall be elected to the board.
6-8 SECTION 11. COMPLIANCE WITH CITY ORDINANCE OR RESOLUTION.
6-9 Subject to the limitations of Section 54.016, Water Code, the
6-10 district shall comply with all valid and applicable requirements of
6-11 any ordinance or resolution adopted by the city council of the City
6-12 of Houston, including an ordinance or resolution adopted before the
6-13 effective date of this Act, that consents to the creation of the
6-14 district or to the inclusion of lands within the district.
6-15 SECTION 12. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
6-16 (a) The proper and legal notice of the intention to introduce this
6-17 Act, setting forth the general substance of this Act, has been
6-18 published as provided by law, and the notice and a copy of this Act
6-19 have been furnished to all persons, agencies, officials, or
6-20 entities to which they are required to be furnished by the
6-21 constitution and other laws of this state, including the governor,
6-22 who has submitted the notice and Act to the Texas Natural Resource
6-23 Conservation Commission.
6-24 (b) The Texas Natural Resource Conservation Commission has
6-25 filed its recommendations relating to this Act with the governor,
6-26 lieutenant governor, and speaker of the house of representatives
6-27 within the required time.
7-1 (c) All requirements of the constitution and laws of this
7-2 state and the rules and procedures of the legislature with respect
7-3 to the notice, introduction, and passage of this Act are fulfilled
7-4 and accomplished.
7-5 SECTION 13. EMERGENCY. The importance of this legislation
7-6 and the crowded condition of the calendars in both houses create an
7-7 emergency and an imperative public necessity that the
7-8 constitutional rule requiring bills to be read on three several
7-9 days in each house be suspended, and this rule is hereby suspended,
7-10 and that this Act take effect and be in force from and after its
7-11 passage, and it is so enacted.