1-1     By:  Bernsen                                          S.B. No. 1784
 1-2           (In the Senate - Filed March 28, 2001; March 29, 2001, read
 1-3     first time and referred to Committee on Intergovernmental
 1-4     Relations; April 17, 2001, reported favorably by the following
 1-5     vote:  Yeas 7, Nays 0; April 17, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the creation, administration, powers, duties,
 1-9     operation, and financing of the East Montgomery County Municipal
1-10     Utility District No. 3.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  CREATION.  (a)  A conservation and reclamation
1-13     district, to be known as the East Montgomery County Municipal
1-14     Utility District No. 3, is created in Montgomery County, subject to
1-15     approval at a confirmation election under Section 9 of this Act.
1-16     The district is a governmental agency and a body politic and
1-17     corporate.
1-18           (b)  The district is created under and is essential to
1-19     accomplish the purposes of Section 59, Article XVI, Texas
1-20     Constitution.
1-21           SECTION 2.  DEFINITION.  In this Act, "district" means the
1-22     East Montgomery County Municipal Utility District No. 3.
1-23           SECTION 3.  BOUNDARIES.  The district includes the territory
1-24     contained within the following area:
1-25     A tract or parcel of land containing 200 acres of land situated in
1-26     the Charles Stephens Survey, Abstract No. 482, Montgomery County,
1-27     Texas, and being a portion of that certain 1177.3611 acre tract of
1-28     land conveyed by deed to C.E. Campbell Interest, L.P., as recorded
1-29     under Montgomery County Clerk's File No. 99101071.  The 200.000
1-30     acre tract being more fully described by metes and bounds as
1-31     follows (All bearings referenced in this description are based on
1-32     the monumented north boundary line of the 1177.36111 acre tract,
1-33     called South 89 00'16" East):
1-34     COMMENCING at a fence corner post found for the northeast boundary
1-35     corner of the said 1177.3611 acre tract, said corner marking the
1-36     intersection of the common boundary line between the north line of
1-37     the Charles Stephens Survey, Abstract No. 482 and the south line of
1-38     the Charles Stephens Survey, Abstract No. 483 with the east
1-39     boundary line of the John Graham Survey, Abstract No. 733;
1-40     THENCE South 89 00'16" East along the said common survey line and
1-41     the north boundary line of the said 1177.3611 acre tract, for a
1-42     distance of 6,447.94 feet to a 5/8 inch iron rod with plastic cap
1-43     set for corner, said iron rod being the POINT OF BEGINNING of the
1-44     herein described tract of land;
1-45     THENCE South 89 00'16" East continuing along the said common survey
1-46     line and the north boundary line of the said 1177.3611 acre tract,
1-47     passing at a distance of 866.06 feet a found 1 inch iron pipe on
1-48     line, and continuing on for a total distance of 3,535.20 feet to a
1-49     5/8 inch iron rod with plastic cap set for corner;
1-50     THENCE South 00 59'44" West for a distance of 2,455.07 feet to a
1-51     5/8 inch iron rod with plastic cap set for corner, said iron rod is
1-52     located in the north right-of-way line of a proposed 80 foot wide
1-53     right-of-way as depicted on a survey prepared by Louis W. Bergman,
1-54     III RPLS No. 2056;
1-55     THENCE North 89 18'20" West along the north right-of-way line of
1-56     said 80 foot wide right-of-way, for a distance of 3,535.25 feet to
1-57     a 5/8 inch iron rod with plastic cap set for corner;
1-58     THENCE North 00 59'44" East for a distance of 2,473.65 feet to the
1-59     POINT OF BEGINNING and containing within these calls 8,712,001
1-60     square feet or 200.000 acres of land.
1-61           SECTION 4.  FINDINGS RELATING TO BOUNDARIES.  The legislature
1-62     finds that the boundaries and field notes of the district form a
1-63     closure.  A mistake in the field notes or in copying the field
1-64     notes in the legislative process does not affect the organization,
 2-1     existence, or validity of the district, the validity of its bonds,
 2-2     notes, or other indebtedness, the right of the district to levy and
 2-3     collect taxes, or the legality or operation of the district or its
 2-4     governing body.
 2-5           SECTION 5.  FINDING OF BENEFIT.  All of the land and other
 2-6     property included within the boundaries of the district will be
 2-7     benefited by the works and projects that are to be accomplished by
 2-8     the district under powers conferred by Section 59, Article XVI,
 2-9     Texas Constitution.  The district is created to serve a public use
2-10     and benefit.
2-11           SECTION 6.  POWERS.  (a)  The district has all of the rights,
2-12     powers, privileges, authority, functions, and duties provided by
2-13     the general law of this state, including Chapters 49, 50, and 54,
2-14     Water Code, applicable to municipal utility districts created under
2-15     Section 59, Article XVI, Texas Constitution.  This Act prevails
2-16     over any provision of general law that is in conflict or
2-17     inconsistent with this Act.
2-18           (b)  The rights, powers, privileges, authority, functions,
2-19     and duties of the district are subject to the continuing right of
2-20     supervision of the state to be exercised by and through the Texas
2-21     Natural Resource Conservation Commission.
2-22           SECTION 7.  BOARD OF DIRECTORS.  (a)  The district is
2-23     governed by a board of five directors.
2-24           (b)  Temporary directors serve until initial directors are
2-25     elected under Section 9 of this Act.
2-26           (c)  Initial directors serve until permanent directors are
2-27     elected under Section 10 of this Act.
2-28           (d)  Permanent directors serve staggered four-year terms.
2-29           (e)  Each director must qualify to serve as director in the
2-30     manner provided by Section 49.055, Water Code.
2-31           (f)  A director serves until the director's successor has
2-32     qualified.
2-33           SECTION 8.  APPOINTMENT OF TEMPORARY DIRECTORS.  (a)  On or
2-34     after the effective date of this Act, a person who owns land
2-35     included in the district may petition the Texas Natural Resource
2-36     Conservation Commission to appoint the five temporary directors
2-37     listed in the petition.  The commission shall appoint the directors
2-38     listed in the petition.  If the commission receives more than one
2-39     petition under this subsection, the commission shall appoint the
2-40     directors listed in the first petition the commission receives.
2-41           (b)  A person appointed to be a temporary director shall take
2-42     the oath of office as soon as practicable.
2-43           (c)  If an appointee of the Texas Natural Resource
2-44     Conservation Commission fails to qualify or if a vacancy occurs in
2-45     the office of temporary director, the commission shall appoint an
2-46     individual to fill the vacancy.
2-47           (d)  As soon as all temporary directors have qualified, the
2-48     directors shall meet and elect officers from among their
2-49     membership.
2-50           SECTION 9.  CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
2-51     (a)  The temporary board of directors shall call and hold an
2-52     election to confirm establishment of the district and to elect five
2-53     initial directors as provided by Chapter 49, Water Code.
2-54           (b)  Section 41.001(a), Election Code, does not apply to a
2-55     confirmation and initial directors' election held as provided by
2-56     this section.
2-57           SECTION 10.  ELECTION OF DIRECTORS.  (a)  On the first
2-58     Saturday in May of the first even-numbered year after the year in
2-59     which the district is authorized to be created at a confirmation
2-60     election, an election shall be held in the district for the
2-61     election of two directors to serve two-year terms and three
2-62     directors to serve four-year terms.
2-63           (b)  The board of directors by order may postpone the
2-64     election date for two years if:
2-65                 (1)  the election will occur within 60 days after the
2-66     date on which the confirmation election is held; or
2-67                 (2)  the board determines that there is not sufficient
2-68     time to comply with the requirements of law and to order the
2-69     election.
 3-1           (c)  On the first Saturday in May of each even-numbered year
 3-2     following the first election held under this section, the
 3-3     appropriate number of directors shall be elected.
 3-4           SECTION 11.  COMPLIANCE WITH MUNICIPAL ORDINANCE OR
 3-5     RESOLUTION.  Subject to the limitations of Section 54.016, Water
 3-6     Code, the district shall comply with all valid and applicable
 3-7     requirements of any ordinance or resolution adopted by any
 3-8     municipality in whose corporate limits or extraterritorial
 3-9     jurisdiction the district is located, including an ordinance or
3-10     resolution adopted before the effective date of this Act, that
3-11     consents to the creation of the district or to the inclusion of
3-12     lands within the district.
3-13           SECTION 12.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
3-14     (a)  The proper and legal notice of the intention to introduce this
3-15     Act, setting forth the general substance of this Act, has been
3-16     published as provided by law, and the notice and a copy of this Act
3-17     have been furnished to all persons, agencies, officials, or
3-18     entities to which they are required to be furnished by the
3-19     constitution and other laws of this state, including the governor,
3-20     who has submitted the notice and Act to the Texas Natural Resource
3-21     Conservation Commission.
3-22           (b)  The Texas Natural Resource Conservation Commission has
3-23     filed its recommendations relating to this Act with the governor,
3-24     lieutenant governor, and speaker of the house of representatives
3-25     within the required time.
3-26           (c)  All requirements of the constitution and laws of this
3-27     state and the rules and procedures of the legislature with respect
3-28     to the notice, introduction, and passage of this Act are fulfilled
3-29     and accomplished.
3-30           SECTION 13.  EFFECTIVE DATE; EXPIRATION DATE.  (a)  This Act
3-31     takes effect September 1, 2001.
3-32           (b)  If the creation of the district is not confirmed at a
3-33     confirmation election held under Section 9 of this Act before
3-34     September 1, 2004, this Act expires on that date.
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