1-1     By:  Lindsay                                          S.B. No. 1775
 1-2           (In the Senate - Filed March 22, 2001; March 26, 2001, read
 1-3     first time and referred to Committee on Intergovernmental
 1-4     Relations; April 17, 2001, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 7, Nays 0;
 1-6     April 17, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1775                 By:  Lindsay
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the creation, administration, powers, duties,
1-11     operation, and financing of the Harris County Municipal Utility
1-12     District No. 386.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  CREATION.  (a)  A conservation and reclamation
1-15     district, to be known as the Harris County Municipal Utility
1-16     District No. 386, is created in Harris County, subject to approval
1-17     at a confirmation election under Section 10 of this Act.  The
1-18     district is a governmental agency and a body politic and corporate.
1-19           (b)  The district is created under and is essential to
1-20     accomplish the purposes of Section 59, Article XVI, Texas
1-21     Constitution.
1-22           SECTION 2.  DEFINITION.  In this Act, "district" means the
1-23     Harris County Municipal Utility District No. 386.
1-24           SECTION 3.  BOUNDARIES.  The district includes the territory
1-25     contained within the following area:
1-26     A tract or parcel of land containing 200.000 acres (8,712,000
1-27     square feet) of land out of the Andrew Lawson Survey, Abstract No.
1-28     509, Harris County, Texas, said 200.000 acres being more
1-29     particularly described by metes and bounds as follows with all
1-30     control referred to the 1927 Texas State Plane Coordinate System,
1-31     Lambert Projection, South Central Zone;
1-32     COMMENCING at an axle found at the northwest corner of the John
1-33     Brock Survey, Abstract No. 122, also being the northeast corner of
1-34     the Isaac Bunker Survey, Abstract No. 120, lying in the south line
1-35     of the Andrew Lawson Survey, Abstract No. 509, having a Texas State
1-36     Plane Coordinate Value of X = 3,097,761.69 (E), Y = 853,817.96 (N);
1-37     THENCE NORTH 88 degrees 24 minutes 13 seconds EAST, 721.18 feet to
1-38     a point;
1-39     THENCE NORTH 88 degrees 25 minutes 09 seconds EAST, 312.27 feet to
1-40     a point;
1-41     THENCE NORTH 88 degrees 27 minutes 01 seconds EAST, 211.70 feet to
1-42     the POINT OF BEGINNING and the southwest corner of the herein
1-43     described tract;
1-44     THENCE NORTH 01 degrees 34 minutes 50 seconds WEST, 2,000.08 feet
1-45     to the northwest corner of the herein described tract;
1-46     THENCE NORTH 88 degrees 25 minutes 10 seconds EAST, 4,355.60 feet
1-47     to the northeast corner of the herein described tract;
1-48     THENCE SOUTH 01 degrees 50 minutes 48 seconds EAST, 91.63 feet to a
1-49     5/8" iron rod found at an easterly corner of the herein described
1-50     tract, lying in the east line of said Andrew Lawson Survey, A-509,
1-51     also being the west line of the James Cooper Survey Abstract No.
1-52     189;
1-53     THENCE SOUTH 01 degrees 42 minutes 18 seconds EAST, 729.98 feet to
1-54     an easterly corner of the herein described tract;
1-55     THENCE SOUTH 01 degrees 42 minutes 23 seconds EAST, 1,178.56 feet
1-56     to a 1-inch iron pipe found at the southeast corner of said Andrew
1-57     Lawson Survey, A-509, also being the southeast corner of the herein
1-58     described tract;
1-59     THENCE SOUTH 88 degrees 25 minutes 10 seconds WEST, 1,356.53 feet
1-60     to a southerly corner of the herein described tract;
1-61     THENCE SOUTH 88 degrees 27 minutes 17 seconds WEST, 661.31 feet to
1-62     a southerly corner of the herein described tract;
1-63     THENCE SOUTH 88 degrees 24 minutes 42 seconds WEST, 2,340.36 feet
1-64     to the POINT OF BEGINNING, containing 200.000 acres (8,712,000
 2-1     square feet) of land.
 2-2           SECTION 4.  FINDINGS RELATING TO BOUNDARIES.  The legislature
 2-3     finds that the boundaries and field notes of the district form a
 2-4     closure.  A mistake in the field notes or in copying the field
 2-5     notes in the legislative process does not affect the organization,
 2-6     existence, or validity of the district, the validity of its bonds,
 2-7     notes, or other indebtedness, the right of the district to levy and
 2-8     collect taxes, or the legality or operation of the district or its
 2-9     governing body.
2-10           SECTION 5.  FINDING OF BENEFIT.  All of the land and other
2-11     property included within the boundaries of the district will be
2-12     benefited by the works and projects that are to be accomplished by
2-13     the district under powers conferred by Section 59, Article XVI,
2-14     Texas Constitution.  The district is created to serve a public use
2-15     and benefit.
2-16           SECTION 6.  POWERS.  (a)  The district has all of the rights,
2-17     powers, privileges, authority, functions, and duties provided by
2-18     the general law of this state, including Chapters 49, 50, and 54,
2-19     Water Code, applicable to municipal utility districts created under
2-20     Section 59, Article XVI, Texas Constitution.  This Act prevails
2-21     over any provision of general law that is in conflict or
2-22     inconsistent with this Act.
2-23           (b)  The rights, powers, privileges, authority, functions,
2-24     and duties of the district are subject to the continuing right of
2-25     supervision of the state to be exercised by and through the Texas
2-26     Natural Resource Conservation Commission.
2-27           (c)  The district may not impose an impact fee or assessment
2-28     on the property, equipment, rights of way, facilities, or
2-29     improvements of an electric utility or a power generation company
2-30     as defined by Section 31.002, Utilities Code, or a gas utility as
2-31     defined by Section 101.003 or 121.001, Utilities Code.
2-32           SECTION 7.  RELOCATION OF FACILITIES.  The district may
2-33     relocate, raise, reroute, change the grade of, or alter the
2-34     construction of a highway, railroad, electric transmission line,
2-35     pipeline, canal, or drainage ditch if considered necessary by the
2-36     board of directors.  The district shall pay for any relocation,
2-37     raising, rerouting, changing, or altering under this section,
2-38     unless otherwise agreed in writing by the interested parties.  If a
2-39     facility is replaced, the cost of replacement is limited to an
2-40     amount equal to the cost of replacing the facility with a
2-41     comparable facility, less the replaced facility's net salvage
2-42     value.
2-43           SECTION 8.  BOARD OF DIRECTORS.  (a)  The district is
2-44     governed by a board of five directors.
2-45           (b)  Temporary directors serve until initial directors are
2-46     elected under Section 10 of this Act.
2-47           (c)  Initial directors serve until permanent directors are
2-48     elected under Section 11 of this Act.
2-49           (d)  Permanent    directors   serve staggered four-year
2-50     terms.
2-51           (e)  Each director must qualify to serve as director in the
2-52     manner provided by Section 49.055, Water Code.
2-53           (f)  A director serves until the director's successor has
2-54     qualified.
2-55           SECTION 9.  APPOINTMENT OF TEMPORARY DIRECTORS.  (a)  On or
2-56     after the effective date of this Act, a person who owns land
2-57     included in the district may petition the Texas Natural Resource
2-58     Conservation Commission to appoint the five temporary directors
2-59     listed in the petition.  The commission shall appoint the directors
2-60     listed in the petition.  If the commission receives more than one
2-61     petition under this subsection, the commission shall appoint the
2-62     directors listed in the first petition the commission receives.
2-63           (b)  A person appointed to be a temporary director shall take
2-64     the oath of office as soon as practicable.
2-65           (c)  If an appointee of the commission fails to qualify or if
2-66     a vacancy occurs in the office of temporary director, the Texas
2-67     Natural Resource Conservation Commission shall appoint an
2-68     individual to fill the vacancy.
2-69           (d)  As soon as all temporary directors have qualified, the
 3-1     directors shall meet and elect officers from among their
 3-2     membership.
 3-3           SECTION 10.  CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
 3-4     (a)  The temporary board of directors shall call and hold an
 3-5     election to confirm establishment of the district and to elect five
 3-6     initial directors as provided by Chapter 49, Water Code.
 3-7           (b)  Section 41.001(a), Election Code, does not apply to a
 3-8     confirmation and initial directors' election held as provided by
 3-9     this section.
3-10           SECTION 11.  ELECTION OF DIRECTORS.  (a)  On the first
3-11     Saturday in May of the first even-numbered year  after the year in
3-12     which the district is authorized to be created at a confirmation
3-13     election, an election shall be held in the district for the
3-14     election of two directors to serve two-year terms and three
3-15     directors to serve four-year terms.
3-16           (b)  The board of directors by order may postpone the
3-17     election date for two years if:
3-18                 (1)  the election will occur within 60 days after the
3-19     date on which the confirmation election is held; or
3-20                 (2)  the board determines that there is not sufficient
3-21     time to comply with the requirements of law and to order the
3-22     election.
3-23           (c)  On the first Saturday in May of each even-numbered year
3-24     following the first election held under this section, the
3-25     appropriate number of directors shall be elected.
3-26           SECTION 12.  COMPLIANCE WITH CITY ORDINANCE OR RESOLUTION.
3-27     Subject to the limitations of Section 54.016, Water Code, the
3-28     district shall comply with all valid and applicable requirements of
3-29     any ordinance or resolution adopted by the city council of the City
3-30     of Houston, including an ordinance or resolution adopted before the
3-31     effective date of this Act, that consents to the creation of the
3-32     district or to the inclusion of lands within the district.
3-33           SECTION 13.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
3-34     (a)  The proper and legal notice of the intention to introduce this
3-35     Act, setting forth the general substance of this Act, has been
3-36     published as provided by law, and the notice and a copy of this Act
3-37     have been furnished to all persons, agencies, officials, or
3-38     entities to which they are required to be furnished by the
3-39     constitution and other laws of this state, including the governor,
3-40     who has submitted the notice and a copy of this Act to the Texas
3-41     Natural Resource Conservation Commission.
3-42           (b)  The Texas Natural Resource Conservation Commission has
3-43     filed its recommendations relating to this Act with the governor,
3-44     lieutenant governor, and speaker of the house of representatives
3-45     within the required time.
3-46           (c)  All requirements of the constitution and laws of this
3-47     state and the rules and procedures of the legislature with respect
3-48     to the notice, introduction, and passage of this Act are fulfilled
3-49     and accomplished.
3-50           SECTION 14.  EFFECTIVE DATE; EXPIRATION DATE.  (a)  This Act
3-51     takes effect September 1, 2001.
3-52           (b)  If the creation of the district is not confirmed at a
3-53     confirmation election held under Section 10 of this Act before
3-54     September 1, 2003, this Act expires on that date.
3-55                                  * * * * *