1-1 By: Lindsay S.B. No. 1777 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. 1777 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. 388. 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. 388, 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. 388. 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 George Galbraith Survey, Abstract 1-28 No. 22, Harris County, Texas, said 200.000 acres being more 1-29 particularly described by metes and bounds as follows, the basis of 1-30 bearing is the call SOUTH 06 degrees 45 minutes 15 seconds WEST for 1-31 the westerly right-of-way line of Kuykendahl Road (60' wide): 1-32 COMMENCING at a 5/8-inch iron rod found at the southeast corner of 1-33 a 70.75 acre tract recorded under Volume 7386, Page 498 of the 1-34 Harris County Deed Records, lying in said west line of Kuykendahl 1-35 Road; 1-36 THENCE SOUTH 89 degrees 26 minutes 07 seconds WEST, 1,968.21 feet 1-37 to a 1/2-inch iron rod found; 1-38 THENCE SOUTH 89 degrees 23 minutes 41 seconds WEST, 628.18 feet to 1-39 a 5/8-inch iron rod found; 1-40 THENCE NORTH 60 degrees 43 minutes 40 seconds WEST, 5.52 feet to a 1-41 1 1/2-inch iron pipe found; 1-42 THENCE SOUTH 87 degrees 56 minutes 42 seconds WEST, 966.82 feet to 1-43 an axle found and the POINT OF BEGINNING and an easterly corner of 1-44 the herein described tract; 1-45 THENCE SOUTH 01 degrees 04 minutes 53 seconds EAST, 186.75 feet to 1-46 an axle found, also being the southeast corner of the herein 1-47 described tract; 1-48 THENCE SOUTH 88 degrees 33 minutes 59 seconds WEST, 2,500.00 feet 1-49 to the southwest corner of the herein described tract; 1-50 THENCE NORTH 01 degrees 28 minutes 16 seconds WEST, 3,483.08 feet 1-51 to the northwest corner of the herein described tract; 1-52 THENCE NORTH 88 degrees 33 minutes 59 seconds EAST, 2,501.27 feet 1-53 to the northeast corner of the herein described tract; 1-54 THENCE SOUTH 01 degrees 28 minutes 16 seconds EAST, 3,296.33 feet 1-55 to the POINT OF BEGINNING, containing 200.000 acres (8,712,000 1-56 square feet) of land. 1-57 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature 1-58 finds that the boundaries and field notes of the district form a 1-59 closure. A mistake in the field notes or in copying the field 1-60 notes in the legislative process does not affect the organization, 1-61 existence, or validity of the district, the validity of its bonds, 1-62 notes, or other indebtedness, the right of the district to levy and 1-63 collect taxes, or the legality or operation of the district or its 1-64 governing body. 2-1 SECTION 5. FINDING OF BENEFIT. All of the land and other 2-2 property included within the boundaries of the district will be 2-3 benefited by the works and projects that are to be accomplished by 2-4 the district under powers conferred by Section 59, Article XVI, 2-5 Texas Constitution. The district is created to serve a public use 2-6 and benefit. 2-7 SECTION 6. POWERS. (a) The district has all of the rights, 2-8 powers, privileges, authority, functions, and duties provided by 2-9 the general law of this state, including Chapters 49, 50, and 54, 2-10 Water Code, applicable to municipal utility districts created under 2-11 Section 59, Article XVI, Texas Constitution. This Act prevails 2-12 over any provision of general law that is in conflict or 2-13 inconsistent with this Act. 2-14 (b) The rights, powers, privileges, authority, functions, 2-15 and duties of the district are subject to the continuing right of 2-16 supervision of the state to be exercised by and through the Texas 2-17 Natural Resource Conservation Commission. 2-18 (c) The district may not impose an impact fee or assessment 2-19 on the property, equipment, rights of way, facilities, or 2-20 improvements of an electric utility or a power generation company 2-21 as defined by Section 31.002, Utilities Code, or a gas utility as 2-22 defined by Section 101.003 or 121.001, Utilities Code. 2-23 SECTION 7. RELOCATION OF FACILITIES. The district may 2-24 relocate, raise, reroute, change the grade of, or alter the 2-25 construction of a highway, railroad, electric transmission line, 2-26 pipeline, canal, or drainage ditch if considered necessary by the 2-27 board of directors. The district shall pay for any relocation, 2-28 raising, rerouting, changing, or altering under this section unless 2-29 otherwise agreed in writing by the interested parties. If a 2-30 facility is replaced, the cost of replacement is limited to an 2-31 amount equal to the cost of replacing the facility with a 2-32 comparable facility, less the replaced facility's net salvage 2-33 value. 2-34 SECTION 8. BOARD OF DIRECTORS. (a) The district is 2-35 governed by a board of five directors. 2-36 (b) Temporary directors serve until initial directors are 2-37 elected under Section 10 of this Act. 2-38 (c) Initial directors serve until permanent directors are 2-39 elected under Section 11 of this Act. 2-40 (d) Permanent directors serve staggered four-year terms. 2-41 (e) Each director must qualify to serve as director in the 2-42 manner provided by Section 49.055, Water Code. 2-43 (f) A director serves until the director's successor has 2-44 qualified. 2-45 SECTION 9. APPOINTMENT OF TEMPORARY DIRECTORS. (a) On or 2-46 after the effective date of this Act, a person who owns land 2-47 included in the district may petition the Texas Natural Resource 2-48 Conservation Commission to appoint the five temporary directors 2-49 listed in the petition. The commission shall appoint the directors 2-50 listed in the petition. If the commission receives more than one 2-51 petition under this subsection, the commission shall appoint the 2-52 directors listed in the first petition the commission receives. 2-53 (b) A person appointed to be a temporary director shall take 2-54 the oath of office as soon as practicable. 2-55 (c) If an appointee of the commission fails to qualify or if 2-56 a vacancy occurs in the office of temporary director, the Texas 2-57 Natural Resource Conservation Commission shall appoint an 2-58 individual to fill the vacancy. 2-59 (d) As soon as all temporary directors have qualified, the 2-60 directors shall meet and elect officers from among their 2-61 membership. 2-62 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. 2-63 (a) The temporary board of directors shall call and hold an 2-64 election to confirm establishment of the district and to elect five 2-65 initial directors as provided by Chapter 49, Water Code. 2-66 (b) Section 41.001(a), Election Code, does not apply to a 2-67 confirmation and initial directors' election held as provided by 2-68 this section. 2-69 SECTION 11. ELECTION OF DIRECTORS. (a) On the first 3-1 Saturday in May of the first even-numbered year after the year in 3-2 which the district is authorized to be created at a confirmation 3-3 election, an election shall be held in the district for the 3-4 election of two directors to serve two-year terms and three 3-5 directors to serve four-year terms. 3-6 (b) The board of directors by order may postpone the 3-7 election date for two years if: 3-8 (1) the election will occur within 60 days after the 3-9 date on which the confirmation election is held; or 3-10 (2) the board determines that there is not sufficient 3-11 time to comply with the requirements of law and to order the 3-12 election. 3-13 (c) On the first Saturday in May of each even-numbered year 3-14 following the first election held under this section, the 3-15 appropriate number of directors shall be elected. 3-16 SECTION 12. COMPLIANCE WITH CITY ORDINANCE OR RESOLUTION. 3-17 Subject to the limitations of Section 54.016, Water Code, the 3-18 district shall comply with all valid and applicable requirements of 3-19 any ordinance or resolution adopted by the city council of the City 3-20 of Houston, including an ordinance or resolution adopted before the 3-21 effective date of this Act, that consents to the creation of the 3-22 district or to the inclusion of lands within the district. 3-23 SECTION 13. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 3-24 (a) The proper and legal notice of the intention to introduce this 3-25 Act, setting forth the general substance of this Act, has been 3-26 published as provided by law, and the notice and a copy of this Act 3-27 have been furnished to all persons, agencies, officials, or 3-28 entities to which they are required to be furnished by the 3-29 constitution and other laws of this state, including the governor, 3-30 who has submitted the notice and a copy of the Act to the Texas 3-31 Natural Resource Conservation Commission. 3-32 (b) The Texas Natural Resource Conservation Commission has 3-33 filed its recommendations relating to this Act with the governor, 3-34 lieutenant governor, and speaker of the house of representatives 3-35 within the required time. 3-36 (c) All requirements of the constitution and laws of this 3-37 state and the rules and procedures of the legislature with respect 3-38 to the notice, introduction, and passage of this Act are fulfilled 3-39 and accomplished. 3-40 SECTION 14. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act 3-41 takes effect September 1, 2001. 3-42 (b) If the creation of the district is not confirmed at a 3-43 confirmation election held under Section 10 of this Act before 3-44 September 1, 2003, this Act expires on that date. 3-45 * * * * *