1-1     By:  Lindsay                                          S.B. No. 1776
 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. 1776                 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. 387.
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. 387, 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. 387.
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     BEGINNING 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 SOUTH 87 degrees 55 minutes 09 seconds WEST, 349.81 feet to
1-38     a southerly corner of the herein described tract;
1-39     THENCE SOUTH 87 degrees 56 minutes 12 seconds WEST, 1,074.17 feet
1-40     to a southerly corner of the herein described tract;
1-41     THENCE SOUTH 87 degrees 58 minutes 18 seconds WEST, 515.87 feet to
1-42     a southerly corner of the herein described tract;
1-43     THENCE SOUTH 87 degrees 53 minutes 15 seconds WEST, 396.54 feet to
1-44     a southerly corner of the herein described tract;
1-45     THENCE SOUTH 87 degrees 56 minutes 45 seconds WEST, 649.93 feet to
1-46     a southerly corner of the herein described tract;
1-47     THENCE SOUTH 87 degrees 54 minutes 54 seconds WEST, 124.30 feet to
1-48     the southwest corner of the herein described tract;
1-49     THENCE NORTH 02 degrees 03 minutes 51 seconds WEST, 1,999.94 feet
1-50     to the northwest corner of the herein described tract;
1-51     THENCE NORTH 88 degrees 04 minutes 16 seconds EAST, 4,372.62 feet
1-52     to the northeast corner of the herein described tract;
1-53     THENCE SOUTH 01 degrees 34 minutes 50 seconds EAST, 2,000.08 feet
1-54     to the southeast corner of the herein described tract;
1-55     THENCE SOUTH 88 degrees 27 minutes 01 seconds WEST, 211.70 feet to
1-56     a southerly corner of the herein described tract;
1-57     THENCE SOUTH 88 degrees 25 minutes 09 seconds WEST, 312.27 feet to
1-58     a southerly corner of the herein described tract;
1-59     THENCE SOUTH 88 degrees 24 minutes 13 seconds WEST, 721.18 feet to
1-60     the POINT OF BEGINNING, containing 200.000 acres (8,712,000 square
1-61     feet) of land.
1-62           SECTION 4.  FINDINGS RELATING TO BOUNDARIES.  The legislature
1-63     finds that the boundaries and field notes of the district form a
1-64     closure. A mistake in the field notes or in copying the field notes
 2-1     in the legislative process does not affect the organization,
 2-2     existence, or validity of the district, the validity of its bonds,
 2-3     notes, or other indebtedness, the right of the district to levy and
 2-4     collect taxes, or the legality or operation of the district or its
 2-5     governing body.
 2-6           SECTION 5.  FINDING OF BENEFIT.  All of the land and other
 2-7     property included within the boundaries of the district will be
 2-8     benefited by the works and projects that are to be accomplished by
 2-9     the district under powers conferred by Section 59, Article XVI,
2-10     Texas Constitution.  The district is created to serve a public use
2-11     and benefit.
2-12           SECTION 6.  POWERS.  (a)  The district has all of the rights,
2-13     powers, privileges, authority, functions, and duties provided by
2-14     the general law of this state, including Chapters 49, 50, and 54,
2-15     Water Code, applicable to municipal utility districts created under
2-16     Section 59, Article XVI, Texas Constitution.  This Act prevails
2-17     over any provision of general law that is in conflict or
2-18     inconsistent with this Act.
2-19           (b)  The rights, powers, privileges, authority, functions,
2-20     and duties of the district are subject to the continuing right of
2-21     supervision of the state to be exercised by and through the Texas
2-22     Natural Resource Conservation Commission.
2-23           (c)  The district may not impose an impact fee or assessment
2-24     on the property, equipment, rights of way, facilities, or
2-25     improvements of an electric utility or a power generation company
2-26     as defined by Section 31.002, Utilities Code, or a gas utility as
2-27     defined by Section 101.003 or 121.001, Utilities Code.
2-28           SECTION 7.  RELOCATION OF FACILITIES.  The district may
2-29     relocate, raise, reroute, change the grade of, or alter the
2-30     construction of a highway, railroad, electric transmission line,
2-31     pipeline, canal, or drainage ditch if considered necessary by the
2-32     board of directors.  The district shall pay for any relocation,
2-33     raising, rerouting, changing, or altering under this section unless
2-34     otherwise agreed in writing by the interested parties.  If a
2-35     facility is replaced, the cost of replacement is limited to an
2-36     amount equal to the cost of replacing the facility with a
2-37     comparable facility, less the replaced facility's net salvage
2-38     value.
2-39           SECTION 8.  BOARD OF DIRECTORS.  (a)  The district is
2-40     governed by a board of five directors.
2-41           (b)  Temporary directors serve until initial directors are
2-42     elected under Section 10 of this Act.
2-43           (c)  Initial directors serve until permanent directors are
2-44     elected under Section 11 of this Act.
2-45           (d)  Permanent directors serve staggered four-year terms.
2-46           (e)  Each director must qualify to serve as director in the
2-47     manner provided by Section 49.055, Water Code.
2-48           (f)  A director serves until the director's successor has
2-49     qualified.
2-50           SECTION 9.  APPOINTMENT OF TEMPORARY DIRECTORS.  (a)  On or
2-51     after the effective date of this Act, a person who owns land
2-52     included in the district may petition the Texas Natural Resource
2-53     Conservation Commission to appoint the five temporary directors
2-54     listed in the petition.  The commission shall appoint the directors
2-55     listed in the petition.  If the commission receives more than one
2-56     petition under this subsection, the commission shall appoint the
2-57     directors listed in the first petition the commission receives.
2-58           (b)  A person appointed to be a temporary director shall take
2-59     the oath of office as soon as practicable.
2-60           (c)  If an appointee of the commission fails to qualify or if
2-61     a vacancy occurs in the office of temporary director, the Texas
2-62     Natural Resource Conservation Commission shall appoint an
2-63     individual to fill the vacancy.
2-64           (d)  As soon as all temporary directors have qualified, the
2-65     directors shall meet and elect officers from among their
2-66     membership.
2-67           SECTION 10.  CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
2-68     (a) The temporary board of directors shall call and hold an
2-69     election to confirm establishment of the district and to elect five
 3-1     initial directors as provided by Chapter 49, Water Code.
 3-2           (b) Section 41.001(a), Election Code, does not apply to a
 3-3     confirmation and initial directors' election held as provided by
 3-4     this section.
 3-5           SECTION 11.  ELECTION OF DIRECTORS.  (a)  On the first
 3-6     Saturday in May of the first even-numbered year after the year in
 3-7     which the district is authorized to be created at a confirmation
 3-8     election, an election shall be held in the district for the
 3-9     election of two directors to serve two-year terms and three
3-10     directors to serve four-year terms.
3-11           (b)  The board of directors by order may postpone the
3-12     election date for two years if:
3-13                 (1)  the election will occur within 60 days after the
3-14     date on which the confirmation election is held; or
3-15                 (2)  the board determines that there is not sufficient
3-16     time to comply with the requirements of law and to order the
3-17     election.
3-18           (c)  On the first Saturday in May of each even-numbered year
3-19     following the first election held under this section, the
3-20     appropriate number of directors shall be elected.
3-21           SECTION 12.  COMPLIANCE WITH CITY ORDINANCE OR RESOLUTION.
3-22     Subject to the limitations of Section 54.016, Water Code, the
3-23     district shall comply with all valid and applicable requirements of
3-24     any ordinance or resolution adopted by the city council of the City
3-25     of Houston, including an ordinance or resolution adopted before the
3-26     effective date of this Act, that consents to the creation of the
3-27     district or to the inclusion of lands within the district.
3-28           SECTION 13.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
3-29     (a)  The proper and legal notice of the intention to introduce this
3-30     Act, setting forth the general substance of this Act, has been
3-31     published as provided by law, and the notice and a copy of this Act
3-32     have been furnished to all persons, agencies, officials, or
3-33     entities to which they are required to be furnished by the
3-34     constitution and other laws of this state, including the governor,
3-35     who has submitted the notice and a copy of the Act to the Texas
3-36     Natural Resource Conservation Commission.
3-37           (b)  The Texas Natural Resource Conservation Commission has
3-38     filed its recommendations relating to this Act with the governor,
3-39     lieutenant governor, and speaker of the house of representatives
3-40     within the required time.
3-41           (c)  All requirements of the constitution and laws of this
3-42     state and the rules and procedures of the legislature with respect
3-43     to the notice, introduction, and passage of this Act are fulfilled
3-44     and accomplished.
3-45           SECTION 14.  EFFECTIVE DATE; EXPIRATION DATE.  (a)  This Act
3-46     takes effect September 1, 2001.
3-47           (b)  If the creation of the district is not confirmed at a
3-48     confirmation election held under Section 10 of this Act before
3-49     September 1, 2003, this Act expires on that date.
3-50                                  * * * * *