78R7148 RCJ-F
By: Hope H.B. No. 3570
A BILL TO BE ENTITLED
AN ACT
relating to the creation, administration, powers, duties,
operation, and financing of the East Montgomery County Municipal
Utility District No. 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITIONS. In this Act:
(1) "Board" means the board of directors of the
district.
(2) "District" means the East Montgomery County
Municipal Utility District No. 4.
SECTION 2. CREATION. (a) A municipal utility district, to
be known as the East Montgomery County Municipal Utility District
No. 4, is created in Montgomery County, subject to approval at a
confirmation election under Section 9 of this Act.
(b) The district is a governmental agency and a political
subdivision of this state.
SECTION 3. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The
district is created to serve a public use and benefit.
(b) The district is created under and is essential to
accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
(c) All of the land and other property included within the
boundaries of the district will be benefited by the works and
projects that are to be accomplished by the district under powers
conferred by Section 59, Article XVI, Texas Constitution.
SECTION 4. BOUNDARIES. The boundaries of the district are
as follows:
A tract or parcel of land containing 610 acres, more or less, of
land out of the William S. Taylor Survey, A-552, the Henry A. Peters
Survey, A-434, the James Moffett Survey, A-382, the Thomas Ives
Survey, A-286, and the Pryor Bryan Survey, A-76, being all of the
called 2114.195 acres described in Correction Deed dated February
3, 1972, recorded in Volume 767 at Page 891 of the Montgomery County
Deed Records (MCDR), all of a called 247.94 acres described in Deed
dated March 19, 1973, recorded in Volume 811 at Page 714, MCDR, all
of a called 338.4582 acres described in the Deed dated June 18, 1971
recorded in Volume 740, Page 370, MCDR, all of a called 35.739 acres
described in Deed dated June 18, 1971, recorded in Volume 740 at
Page 364, MCDR, and all of a called 58.3106 acres and a called
9.9854 acres described in the Special Warranty Deed dated February
1, 2000, recorded under County Clerk's File Number (CCF No.)
2000-010182, of the Montgomery County Real Property Records
(MCRPR); SAVE AND EXCEPT the following lands: all of a called
420.000 acres described in Deed recorded under CCF No. 9770118,
MCRPR, all of a called 70.250 acres described in Correction Deed
recorded under CCF No. 9782449, all of a called 971.824 acres
described in Correction Deed recorded under CCF No. 9893308, MCRPR,
all of a called 712.571 acres described in deed recorded under CCF
9982074, MCRPR, and all of a called 20.000 acres described in Deed
recorded under CCF No. 2002-117268, MCRPR, and containing within
these calls 610 acres of land.
SECTION 5. FINDINGS RELATING TO BOUNDARIES. The
legislature finds that the boundaries and field notes of the
district form a closure. If a mistake is made in the field notes or
in copying the field notes in the legislative process, the mistake
does not affect in any way:
(1) the organization, existence, or validity of the
district;
(2) the right of the district to impose taxes; or
(3) the legality or operation of the district or the
board.
SECTION 6. APPLICABILITY OF OTHER LAW. This Act prevails
over any provision of general law that is in conflict or
inconsistent with this Act.
SECTION 7. BOARD OF DIRECTORS. (a) The district is
governed by a board of five directors.
(b) Temporary directors serve until directors are elected
under Section 9 of this Act.
(c) Directors serve terms of office as provided by Section
49.103, Water Code.
(d) Each director must qualify to serve as director in the
manner provided by Section 49.055, Water Code.
SECTION 8. APPOINTMENT OF TEMPORARY DIRECTORS. (a) On or
after the effective date of this Act, a person who owns land
included in the district may petition the Texas Commission on
Environmental Quality to appoint the five temporary directors
listed in the petition. The commission shall appoint the directors
listed in the petition. If the commission receives more than one
petition under this subsection, the commission shall appoint the
directors listed in the first petition the commission receives.
(b) A person appointed to be a temporary director shall take
the oath of office as soon as practicable.
(c) If an appointee of the Texas Commission on Environmental
Quality fails to qualify or if a vacancy occurs in the office of
temporary director, the commission shall appoint an individual to
fill the vacancy.
(d) As soon as all temporary directors have qualified, the
directors shall meet and elect officers from among their
membership.
SECTION 9. CONFIRMATION AND DIRECTORS' ELECTION. (a) The
temporary board shall call and hold an election to confirm
establishment of the district and to elect directors under Section
49.102, Water Code.
(b) Section 41.001(a), Election Code, does not apply to a
confirmation and directors' election held as provided by this
section.
SECTION 10. ELECTION OF DIRECTORS. (a) On the uniform
election date in May of the first even-numbered year after the year
in which the district is authorized to be created at a confirmation
election, an election shall be held in the district for the election
of the appropriate number of directors to replace the directors
serving shorter terms from the confirmation election as provided by
Section 49.102(h), Water Code.
(b) On the uniform election date in May of each subsequent
even-numbered year following the election, the appropriate number
of directors shall be elected.
(c) The board of directors by order may postpone the first
election under Subsection (a) of this section following the
confirmation and directors' election held in accordance with the
provisions of Section 9 of this Act if:
(1) the election will occur within 60 days after the
date on which the confirmation election is held; or
(2) the board determines that there is not sufficient
time to comply with the requirements of law and to order the
election.
SECTION 11. GENERAL POWERS. The district has all of the
rights, powers, privileges, authority, functions, and duties
provided by the general law of this state, including Chapter 54,
Water Code, applicable to municipal utility districts created under
Section 59, Article XVI, Texas Constitution.
SECTION 12. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCES OR
RESOLUTIONS. Subject to the limitations of Section 54.016, Water
Code, the district shall comply with all applicable requirements of
any ordinance or resolution adopted by a municipality in the
corporate limits or extraterritorial jurisdiction of which the
district is located, including an ordinance or resolution adopted
before the effective date of this Act, that consents to the creation
of the district or to the inclusion of lands within the district.
SECTION 13. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
(a) The legal notice of the intention to introduce this Act,
setting forth the general substance of this Act, has been published
as provided by law, and the notice and a copy of this Act have been
furnished to all persons, agencies, officials, or entities to which
they are required to be furnished under Section 59, Article XVI,
Texas Constitution, and Chapter 313, Government Code. The
governor, one of the required recipients, has submitted the notice
and Act to the Texas Commission on Environmental Quality.
(b) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(c) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 14. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
takes effect September 1, 2003.
(b) If the creation of the district is not confirmed at a
confirmation election held under Section 9 of this Act before
September 1, 2008, this Act expires on that date.