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                                  * * * * *