By Lindsay S.B. No. 1776 77R10695 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. 387, 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. 387, 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. 387, 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 BEGINNING 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 2-6 (N); 2-7 THENCE SOUTH 87 degrees 55 minutes 09 seconds WEST, 349.81 feet to 2-8 a southerly corner of the herein described tract; 2-9 THENCE SOUTH 87 degrees 56 minutes 12 seconds WEST, 1,074.17 feet 2-10 to a southerly corner of the herein described tract; 2-11 THENCE SOUTH 87 degrees 58 minutes 18 seconds WEST, 515.87 feet to 2-12 a southerly corner of the herein described tract; 2-13 THENCE SOUTH 87 degrees 53 minutes 15 seconds WEST, 396.54 feet to 2-14 a southerly corner of the herein described tract; 2-15 THENCE SOUTH 87 degrees 56 minutes 45 seconds WEST, 649.93 feet to 2-16 a southerly corner of the herein described tract; 2-17 THENCE SOUTH 87 degrees 54 minutes 54 seconds WEST, 124.30 feet to 2-18 the southwest corner of the herein described tract; 2-19 THENCE NORTH 02 degrees 03 minutes 51 seconds WEST, 1,999.94 feet 2-20 to the northwest corner of the herein described tract; 2-21 THENCE NORTH 88 degrees 04 minutes 16 seconds EAST, 4,372.62 feet 2-22 to the northeast corner of the herein described tract; 2-23 THENCE SOUTH 01 degrees 34 minutes 50 seconds EAST, 2,000.08 feet 2-24 to the southeast corner of the herein described tract; 2-25 THENCE SOUTH 88 degrees 27 minutes 01 seconds WEST, 211.70 feet to 2-26 a southerly corner of the herein described tract; 2-27 THENCE SOUTH 88 degrees 25 minutes 09 seconds WEST, 312.27 feet to 3-1 a southerly corner of the herein described tract; 3-2 THENCE SOUTH 88 degrees 24 minutes 13 seconds WEST, 721.18 feet to 3-3 the POINT OF BEGINNING, containing 200.000 acres (8,712,000 square 3-4 feet) of land. 3-5 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature 3-6 finds that the boundaries and field notes of the district form a 3-7 closure. A mistake in the field notes or in copying the field 3-8 notes in the legislative process does not affect the organization, 3-9 existence, or validity of the district, the validity of its bonds, 3-10 notes, or indebtedness, the right of the district to levy and 3-11 collect taxes, or the legality or operation of the district or its 3-12 governing body. 3-13 SECTION 5. FINDING OF BENEFIT. All of the land and other 3-14 property included within the boundaries of the district will be 3-15 benefited by the works and projects that are to be accomplished by 3-16 the district under powers conferred by Article XVI, Section 59, of 3-17 the Texas Constitution. The district is created to serve a public 3-18 use and benefit. 3-19 SECTION 6. POWERS. (a) The district has all of the rights, 3-20 powers, privileges, authority, functions, and duties provided by 3-21 the general law of this state, including Chapters 49, 50 and 54, 3-22 Water Code, applicable to municipal utility districts created under 3-23 Article XVI, Section 59, of the Texas Constitution. This Act 3-24 prevails over any provision of general law that is in conflict or 3-25 inconsistent with this Act. 3-26 (b) The rights, powers, privileges, authority, functions, 3-27 and duties of the district are subject to the continuing right of 4-1 supervision of the state to be exercised by and through the Texas 4-2 Natural Resource Conservation Commission. 4-3 (c) So long as and to the extent that the district does not 4-4 utilize groundwater produced within the district or the county in 4-5 which the district is situated, the district shall not be subject 4-6 to or affected by any rule, regulation, requirement, restraint, 4-7 order, rate, fee, or other direction or charge adopted, 4-8 promulgated, imposed, or enforced directly or indirectly, pursuant 4-9 to the authority of Chapter 151, Water Code or Chapter 1029, Acts 4-10 of the 76th Texas Legislature, Regular Session, 1999, as same may 4-11 be now or hereafter amended. 4-12 SECTION 7. BOARD OF DIRECTORS. (a) The district is 4-13 governed by a board of five directors. 4-14 (b) Temporary directors serve until initial directors are 4-15 elected under Section 9 of this Act. 4-16 (c) Initial directors serve until permanent directors are 4-17 elected under Section 10 of this Act. 4-18 (d) Permanent directors serve staggered four-year terms. 4-19 (e) Each director must qualify to serve as director in the 4-20 manner provided by Section 49.055, Water Code. 4-21 (f) A director serves until the director's successor has 4-22 qualified. 4-23 SECTION 8. APPOINTMENT OF TEMPORARY DIRECTORS. (a) On or 4-24 after the effective date of this Act, a person who owns land 4-25 included in the district may petition the Texas Natural Resource 4-26 Conservation Commission to appoint the five temporary directors 4-27 listed in the petition. The commission shall appoint the directors 5-1 listed in the petition. If the commission receives more than one 5-2 petition under this subsection, the commission shall appoint the 5-3 directors listed in the first petition the commission receives. 5-4 (b) A person appointed to be a temporary director shall take 5-5 the oath of office as soon as practicable. 5-6 (c) If an appointee of the commission fails to qualify or if 5-7 a vacancy occurs in the office of temporary director, the 5-8 commission shall appoint an individual to fill the vacancy. 5-9 (d) As soon as all temporary directors have qualified, the 5-10 directors shall meet and elect officers from among their 5-11 membership. 5-12 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. 5-13 The temporary board of directors shall call and hold an election to 5-14 confirm establishment of the district and to elect five initial 5-15 directors as provided by Chapter 49, Water Code. 5-16 SECTION 10. ELECTION OF DIRECTORS. (a) On the first 5-17 Saturday in May that occurs in an even-numbered year and after the 5-18 date on which the confirmation election is held, an election shall 5-19 be held in the district for the election of two directors who shall 5-20 each serve two-year terms and three directors who shall each serve 5-21 four-year terms. 5-22 (b) The board of directors by order may postpone the 5-23 election date for two years if: 5-24 (1) the election will occur within 60 days after the 5-25 date on which the confirmation election is held; or 5-26 (2) the board determines that there is not sufficient 5-27 time to comply with the requirements of law and to order the 6-1 election. 6-2 (c) On the same date in each even-numbered year following 6-3 the first election held under this section, the appropriate number 6-4 of directors shall be elected to the board. 6-5 SECTION 11. COMPLIANCE WITH CITY ORDINANCE OR RESOLUTION. 6-6 Subject to the limitations of Section 54.016, Water Code, the 6-7 district shall comply with all valid and applicable requirements of 6-8 any ordinance or resolution adopted by the city council of the City 6-9 of Houston, including an ordinance or resolution adopted before the 6-10 effective date of this Act, that consents to the creation of the 6-11 district or to the inclusion of lands within the district. 6-12 SECTION 12. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 6-13 (a) The proper and legal notice of the intention to introduce this 6-14 Act, setting forth the general substance of this Act, has been 6-15 published as provided by law, and the notice and a copy of this Act 6-16 have been furnished to all persons, agencies, officials, or 6-17 entities to which they are required to be furnished by the 6-18 constitution and other laws of this state, including the governor, 6-19 who has submitted the notice and Act to the Texas Natural Resource 6-20 Conservation Commission. 6-21 (b) The Texas Natural Resource Conservation Commission has 6-22 filed its recommendations relating to this Act with the governor, 6-23 lieutenant governor, and speaker of the house of representatives 6-24 within the required time. 6-25 (c) All requirements of the constitution and laws of this 6-26 state and the rules and procedures of the legislature with respect 6-27 to the notice, introduction, and passage of this Act are fulfilled 7-1 and accomplished. 7-2 SECTION 13. EMERGENCY. The importance of this legislation 7-3 and the crowded condition of the calendars in both houses create an 7-4 emergency and an imperative public necessity that the 7-5 constitutional rule requiring bills to be read on three several 7-6 days in each house be suspended, and this rule is hereby suspended, 7-7 and that this Act take effect and be in force from and after its 7-8 passage, and it is so enacted.