By Lindsay S.B. No. 1777
77R10693 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. 388, 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. 388, 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. 388, 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 George Galbraith Survey, Abstract
1-21 No. 22, Harris County, Texas, said 200.000 acres being more
1-22 particularly described by metes and bounds as follows, the basis of
1-23 bearing is the call SOUTH 06 degrees 45 minutes 15 seconds WEST for
1-24 the westerly right-of-way line of Kuykendahl Road (60' wide):
2-1 COMMENCING at a 5/8-inch iron rod found at the southeast corner of
2-2 a 70.75 acre tract recorded under Volume 7386, Page 498 of the
2-3 Harris County Deed Records, lying in said west line of Kuykendahl
2-4 Road;
2-5 THENCE SOUTH 89 degrees 26 minutes 07 seconds WEST, 1,968.21 feet
2-6 to a 1/2-inch iron rod found;
2-7 THENCE SOUTH 89 degrees 23 minutes 41 seconds WEST, 628.18 feet to
2-8 a 5/8-inch iron rod found;
2-9 THENCE NORTH 60 degrees 43 minutes 40 seconds WEST, 5.52 feet to a
2-10 1 1/2-inch iron pipe found;
2-11 THENCE SOUTH 87 degrees 56 minutes 42 seconds WEST, 966.82 feet to
2-12 an axle found and the POINT OF BEGINNING and an easterly corner of
2-13 the herein described tract;
2-14 THENCE SOUTH 01 degrees 04 minutes 53 seconds EAST, 186.75 feet to
2-15 an axle found, also being the southeast corner of the herein
2-16 described tract;
2-17 THENCE SOUTH 88 degrees 33 minutes 59 seconds WEST, 2,500.00 feet
2-18 to the southwest corner of the herein described tract;
2-19 THENCE NORTH 01 degrees 28 minutes 16 seconds WEST, 3,483.08 feet
2-20 to the northwest corner of the herein described tract;
2-21 THENCE NORTH 88 degrees 33 minutes 59 seconds EAST, 2,501.27 feet
2-22 to the northeast corner of the herein described tract;
2-23 THENCE SOUTH 01 degrees 28 minutes 16 seconds EAST, 3,296.33 feet
2-24 to the POINT OF BEGINNING, containing 200.000 acres (8,712,000
2-25 square feet) of land.
2-26 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
2-27 finds that the boundaries and field notes of the district form a
3-1 closure. A mistake in the field notes or in copying the field
3-2 notes in the legislative process does not affect the organization,
3-3 existence, or validity of the district, the validity of its bonds,
3-4 notes, or indebtedness, the right of the district to levy and
3-5 collect taxes, or the legality or operation of the district or its
3-6 governing body.
3-7 SECTION 5. FINDING OF BENEFIT. All of the land and other
3-8 property included within the boundaries of the district will be
3-9 benefited by the works and projects that are to be accomplished by
3-10 the district under powers conferred by Article XVI, Section 59, of
3-11 the Texas Constitution. The district is created to serve a public
3-12 use and benefit.
3-13 SECTION 6. POWERS. (a) The district has all of the rights,
3-14 powers, privileges, authority, functions, and duties provided by
3-15 the general law of this state, including Chapters 49, 50 and 54,
3-16 Water Code, applicable to municipal utility districts created under
3-17 Article XVI, Section 59, of the Texas Constitution. This Act
3-18 prevails over any provision of general law that is in conflict or
3-19 inconsistent with this Act.
3-20 (b) The rights, powers, privileges, authority, functions,
3-21 and duties of the district are subject to the continuing right of
3-22 supervision of the state to be exercised by and through the Texas
3-23 Natural Resource Conservation Commission.
3-24 (c) So long as and to the extent that the district does not
3-25 utilize groundwater produced within the district or the county in
3-26 which the district is situated, the district shall not be subject
3-27 to or affected by any rule, regulation, requirement, restraint,
4-1 order, rate, fee, or other direction or charge adopted,
4-2 promulgated, imposed, or enforced directly or indirectly, pursuant
4-3 to the authority of Chapter 151, Water Code or Chapter 1029, Acts
4-4 of the 76th Texas Legislature, Regular Session, 1999, as same may
4-5 be now or hereafter amended.
4-6 SECTION 7. BOARD OF DIRECTORS. (a) The district is governed
4-7 by a board of five directors.
4-8 (b) Temporary directors serve until initial directors are
4-9 elected under Section 9 of this Act.
4-10 (c) Initial directors serve until permanent directors are
4-11 elected under Section 10 of this Act.
4-12 (d) Permanent directors serve staggered four-year terms.
4-13 (e) Each director must qualify to serve as director in the
4-14 manner provided by Section 49.055, Water Code.
4-15 (f) A director serves until the director's successor has
4-16 qualified.
4-17 SECTION 8. APPOINTMENT OF TEMPORARY DIRECTORS. (a) On or
4-18 after the effective date of this Act, a person who owns land
4-19 included in the district may petition the Texas Natural Resource
4-20 Conservation Commission to appoint the five temporary directors
4-21 listed in the petition. The commission shall appoint the directors
4-22 listed in the petition. If the commission receives more than one
4-23 petition under this subsection, the commission shall appoint the
4-24 directors listed in the first petition the commission receives.
4-25 (b) A person appointed to be a temporary director shall take
4-26 the oath of office as soon as practicable.
4-27 (c) If an appointee of the commission fails to qualify or if
5-1 a vacancy occurs in the office of temporary director, the
5-2 commission shall appoint an individual to fill the vacancy.
5-3 (d) As soon as all temporary directors have qualified, the
5-4 directors shall meet and elect officers from among their
5-5 membership.
5-6 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. The
5-7 temporary board of directors shall call and hold an election to
5-8 confirm establishment of the district and to elect five initial
5-9 directors as provided by Chapter 49, Water Code.
5-10 SECTION 10. ELECTION OF DIRECTORS. (a) On the first
5-11 Saturday in May that occurs in an even-numbered year and after the
5-12 date on which the confirmation election is held, an election shall
5-13 be held in the district for the election of two directors who shall
5-14 each serve two-year terms and three directors who shall each serve
5-15 four-year terms.
5-16 (b) The board of directors by order may postpone the
5-17 election date for two years if:
5-18 (1) the election will occur within 60 days after the
5-19 date on which the confirmation election is held; or
5-20 (2) the board determines that there is not sufficient
5-21 time to comply with the requirements of law and to order the
5-22 election.
5-23 (c) On the same date in each even-numbered year following
5-24 the first election held under this section, the appropriate number
5-25 of directors shall be elected to the board.
5-26 SECTION 11. COMPLIANCE WITH CITY ORDINANCE OR RESOLUTION.
5-27 Subject to the limitations of Section 54.016, Water Code, the
6-1 district shall comply with all valid and applicable requirements of
6-2 any ordinance or resolution adopted by the city council of the City
6-3 of Houston, including an ordinance or resolution adopted before the
6-4 effective date of this Act, that consents to the creation of the
6-5 district or to the inclusion of lands within the district.
6-6 SECTION 12. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
6-7 (a) The proper and legal notice of the intention to introduce this
6-8 Act, setting forth the general substance of this Act, has been
6-9 published as provided by law, and the notice and a copy of this Act
6-10 have been furnished to all persons, agencies, officials, or
6-11 entities to which they are required to be furnished by the
6-12 constitution and other laws of this state, including the governor,
6-13 who has submitted the notice and Act to the Texas Natural Resource
6-14 Conservation Commission.
6-15 (b) The Texas Natural Resource Conservation Commission has
6-16 filed its recommendations relating to this Act with the governor,
6-17 lieutenant governor, and speaker of the house of representatives
6-18 within the required time.
6-19 (c) All requirements of the constitution and laws of this
6-20 state and the rules and procedures of the legislature with respect
6-21 to the notice, introduction, and passage of this Act are fulfilled
6-22 and accomplished.
6-23 SECTION 13. EMERGENCY. The importance of this legislation
6-24 and the crowded condition of the calendars in both houses create an
6-25 emergency and an imperative public necessity that the
6-26 constitutional rule requiring bills to be read on three several
6-27 days in each house be suspended, and this rule is hereby suspended,
7-1 and that this Act take effect and be in force from and after its
7-2 passage, and it is so enacted.