1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Harris County Municipal Utility
1-4 District No. 388.
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 the Harris County Municipal Utility
1-8 District No. 388, is created in Harris County, subject to approval
1-9 at a confirmation election under Section 10 of this Act. The
1-10 district is a governmental agency and a body politic and corporate.
1-11 (b) The district is created under and is essential to
1-12 accomplish the purposes of Section 59, Article XVI, Texas
1-13 Constitution.
1-14 SECTION 2. DEFINITION. In this Act, "district" means the
1-15 Harris County Municipal Utility District No. 388.
1-16 SECTION 3. BOUNDARIES. The district includes the territory
1-17 contained within the following area:
1-18 A tract or parcel of land containing 200.000 acres (8,712,000
1-19 square feet) of land out of the George Galbraith Survey, Abstract
1-20 No. 22, Harris County, Texas, said 200.000 acres being more
1-21 particularly described by metes and bounds as follows, the basis of
1-22 bearing is the call SOUTH 06 degrees 45 minutes 15 seconds WEST for
1-23 the westerly right-of-way line of Kuykendahl Road (60' wide):
1-24 COMMENCING at a 5/8-inch iron rod found at the southeast corner of
1-25 a 70.75 acre tract recorded under Volume 7386, Page 498 of the
2-1 Harris County Deed Records, lying in said west line of Kuykendahl
2-2 Road;
2-3 THENCE SOUTH 89 degrees 26 minutes 07 seconds WEST, 1,968.21 feet
2-4 to a 1/2-inch iron rod found;
2-5 THENCE SOUTH 89 degrees 23 minutes 41 seconds WEST, 628.18 feet to
2-6 a 5/8-inch iron rod found;
2-7 THENCE NORTH 60 degrees 43 minutes 40 seconds WEST, 5.52 feet to a
2-8 1 1/2-inch iron pipe found;
2-9 THENCE SOUTH 87 degrees 56 minutes 42 seconds WEST, 966.82 feet to
2-10 an axle found and the POINT OF BEGINNING and an easterly corner of
2-11 the herein described tract;
2-12 THENCE SOUTH 01 degrees 04 minutes 53 seconds EAST, 186.75 feet to
2-13 an axle found, also being the southeast corner of the herein
2-14 described tract;
2-15 THENCE SOUTH 88 degrees 33 minutes 59 seconds WEST, 2,500.00 feet
2-16 to the southwest corner of the herein described tract;
2-17 THENCE NORTH 01 degrees 28 minutes 16 seconds WEST, 3,483.08 feet
2-18 to the northwest corner of the herein described tract;
2-19 THENCE NORTH 88 degrees 33 minutes 59 seconds EAST, 2,501.27 feet
2-20 to the northeast corner of the herein described tract;
2-21 THENCE SOUTH 01 degrees 28 minutes 16 seconds EAST, 3,296.33 feet
2-22 to the POINT OF BEGINNING, containing 200.000 acres (8,712,000
2-23 square feet) of land.
2-24 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
2-25 finds that the boundaries and field notes of the district form a
2-26 closure. A mistake in the field notes or in copying the field
3-1 notes in the legislative process does not affect the organization,
3-2 existence, or validity of the district, the validity of its bonds,
3-3 notes, or other indebtedness, the right of the district to levy and
3-4 collect taxes, or the legality or operation of the district or its
3-5 governing body.
3-6 SECTION 5. FINDING OF BENEFIT. All of the land and other
3-7 property included within the boundaries of the district will be
3-8 benefited by the works and projects that are to be accomplished by
3-9 the district under powers conferred by Section 59, Article XVI,
3-10 Texas Constitution. The district is created to serve a public use
3-11 and benefit.
3-12 SECTION 6. POWERS. (a) The district has all of the rights,
3-13 powers, privileges, authority, functions, and duties provided by
3-14 the general law of this state, including Chapters 49, 50, and 54,
3-15 Water Code, applicable to municipal utility districts created under
3-16 Section 59, Article XVI, Texas Constitution. This Act prevails
3-17 over any provision of general law that is in conflict or
3-18 inconsistent with this Act.
3-19 (b) The rights, powers, privileges, authority, functions,
3-20 and duties of the district are subject to the continuing right of
3-21 supervision of the state to be exercised by and through the Texas
3-22 Natural Resource Conservation Commission.
3-23 (c) The district may not impose an impact fee or assessment
3-24 on the property, equipment, rights of way, facilities, or
3-25 improvements of an electric utility or a power generation company
3-26 as defined by Section 31.002, Utilities Code, a gas utility as
4-1 defined by Section 101.003 or 121.001, Utilities Code, or a
4-2 telecommunications provider as defined by Section 51.002, Utilities
4-3 Code.
4-4 SECTION 7. RELOCATION OF FACILITIES. The district may
4-5 relocate, raise, reroute, change the grade of, or alter the
4-6 construction of a highway, railroad, electric transmission line,
4-7 telecommunications or other public utility facility, pipeline,
4-8 canal, or drainage ditch if considered necessary by the board of
4-9 directors. The district shall pay for any relocation, raising,
4-10 rerouting, changing, or altering under this section unless
4-11 otherwise agreed in writing by the interested parties. If a
4-12 facility is replaced, the cost of replacement is limited to an
4-13 amount equal to the cost of replacing the facility with a
4-14 comparable facility, less the replaced facility's net salvage
4-15 value.
4-16 SECTION 8. BOARD OF DIRECTORS. (a) The district is
4-17 governed by a board of five directors.
4-18 (b) Temporary directors serve until initial directors are
4-19 elected under Section 10 of this Act.
4-20 (c) Initial directors serve until permanent directors are
4-21 elected under Section 11 of this Act.
4-22 (d) Permanent directors serve staggered four-year terms.
4-23 (e) Each director must qualify to serve as director in the
4-24 manner provided by Section 49.055, Water Code.
4-25 (f) A director serves until the director's successor has
4-26 qualified.
5-1 SECTION 9. APPOINTMENT OF TEMPORARY DIRECTORS. (a) On or
5-2 after the effective date of this Act, a person who owns land
5-3 included in the district may petition the Texas Natural Resource
5-4 Conservation Commission to appoint the five temporary directors
5-5 listed in the petition. The commission shall appoint the directors
5-6 listed in the petition. If the commission receives more than one
5-7 petition under this subsection, the commission shall appoint the
5-8 directors listed in the first petition the commission receives.
5-9 (b) A person appointed to be a temporary director shall take
5-10 the oath of office as soon as practicable.
5-11 (c) If an appointee of the commission fails to qualify or if
5-12 a vacancy occurs in the office of temporary director, the Texas
5-13 Natural Resource Conservation Commission shall appoint an
5-14 individual to fill the vacancy.
5-15 (d) As soon as all temporary directors have qualified, the
5-16 directors shall meet and elect officers from among their
5-17 membership.
5-18 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
5-19 (a) The temporary board of directors shall call and hold an
5-20 election to confirm establishment of the district and to elect five
5-21 initial directors as provided by Chapter 49, Water Code.
5-22 (b) Section 41.001(a), Election Code, does not apply to a
5-23 confirmation and initial directors' election held as provided by
5-24 this section.
5-25 SECTION 11. ELECTION OF DIRECTORS. (a) On the first
5-26 Saturday in May of the first even-numbered year after the year in
6-1 which the district is authorized to be created at a confirmation
6-2 election, an election shall be held in the district for the
6-3 election of two directors to serve two-year terms and three
6-4 directors to serve four-year terms.
6-5 (b) The board of directors by order may postpone the
6-6 election date for two years if:
6-7 (1) the election will occur within 60 days after the
6-8 date on which the confirmation election is held; or
6-9 (2) the board determines that there is not sufficient
6-10 time to comply with the requirements of law and to order the
6-11 election.
6-12 (c) On the first Saturday in May of each even-numbered year
6-13 following the first election held under this section, the
6-14 appropriate number of directors shall be elected.
6-15 SECTION 12. COMPLIANCE WITH CITY ORDINANCE OR RESOLUTION.
6-16 Subject to the limitations of Section 54.016, Water Code, the
6-17 district shall comply with all valid and applicable requirements of
6-18 any ordinance or resolution adopted by the city council of the City
6-19 of Houston, including an ordinance or resolution adopted before the
6-20 effective date of this Act, that consents to the creation of the
6-21 district or to the inclusion of lands within the district.
6-22 SECTION 13. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
6-23 (a) The proper and legal notice of the intention to introduce this
6-24 Act, setting forth the general substance of this Act, has been
6-25 published as provided by law, and the notice and a copy of this Act
6-26 have been furnished to all persons, agencies, officials, or
7-1 entities to which they are required to be furnished by the
7-2 constitution and other laws of this state, including the governor,
7-3 who has submitted the notice and a copy of the Act to the Texas
7-4 Natural Resource Conservation Commission.
7-5 (b) The Texas Natural Resource Conservation Commission has
7-6 filed its recommendations relating to this Act with the governor,
7-7 lieutenant governor, and speaker of the house of representatives
7-8 within the required time.
7-9 (c) All requirements of the constitution and laws of this
7-10 state and the rules and procedures of the legislature with respect
7-11 to the notice, introduction, and passage of this Act are fulfilled
7-12 and accomplished.
7-13 SECTION 14. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
7-14 takes effect September 1, 2001.
7-15 (b) If the creation of the district is not confirmed at a
7-16 confirmation election held under Section 10 of this Act before
7-17 September 1, 2003, this Act expires on that date.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1777 passed the Senate on
April 26, 2001, by the following vote: Yeas 30, Nays 0, one
present not voting; and that the Senate concurred in House
amendment on May 26, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1777 passed the House, with
amendment, on May 23, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor