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78R11052 RCJ-F
By: Gallego H.B. No. 3593
A BILL TO BE ENTITLED
AN ACT
relating to changing the boundaries of Hudspeth County Underground
Water Conservation District No. 1.
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) "Director" means a director of the board of the
district.
(3) "District" means the Hudspeth County Underground
Water Conservation District No. 1.
SECTION 2. BOUNDARIES. The district includes all the
territory contained in the following described area:
BEGINNING at the northeast corner of Section 6, Block 69, Township
1, Hudspeth County, Texas, and being a point in the state line
between Texas and New Mexico, for the northwest corner of the
survey;
THENCE south with the east boundary line of Section 6, Block 69,
Township 1 to the southeast corner of Section 6;
THENCE west with the south boundary line of Section 6, Block 69,
Township 1, to the southwest corner of Section 6, which point is
also the southeast corner of Section 1, Block 70, Township 1,
Hudspeth County, Texas;
THENCE continuing west with the south boundary line of Section 1,
Block 70, Township 1 to the southwest corner of Section 1, this
point also being the northwest corner of Section 12, Block 70,
Township 1;
THENCE south with the west boundary line of Section 12 and
continuing south with the west boundary line of Section 13, 24, 25,
36, and 37, Block 70, Township 1, to the southwest corner of Section
37;
THENCE east with the south boundary line of Section 37 to its
southeast corner, which point is also the northeast corner of
Section 48, Block 70, Township 1;
THENCE south with the east line of Section 48 to its southeast
corner, which point is also the northwest corner of Section 6, Block
69, Township 2, Hudspeth County, Texas;
THENCE continuing south with the west line of Sections 6 and 7,
Block 69, Township 2, to the southwest corner of Section 7;
THENCE east with the south boundary line of Sections 7, and
continuing east with the south line of Section 8 to the southeast
corner of Section 8, which point is also the northwest corner of
Section 16, Block 69, Township 2, Hudspeth County, Texas;
THENCE south with the west boundary line of Section 16 to its
southwest corner;
THENCE east with the south boundary line of Section 16 to its
southeast corner, which point is also the northwest corner of
Section 22, Block 69, Township 2;
THENCE south with the west boundary line of Section 22 to its
southwest corner;
THENCE east with the south boundary line of Section 22 to its
southeast corner, which point is also the northwest corner of
Section 26, Block 69, Township 2, Hudspeth County, Texas;
THENCE south with the west boundary line of Section 26, and
continuing to the southwest corner of Section 35, Block 69,
Township 2;
THENCE east with the south boundary line of Section 35 to its
southeast corner, being also the northeast corner of Section 38,
Block 69, Township 2;
THENCE south with the east boundary line of Sections 38 and 47,
Block 69, Township 2, to its intersection with the north
right-of-way line of U.S. Highway 62 as in existence on August 12,
1955, and shown on Texas Highway Department plans for such
construction;
THENCE with the north right-of-way line of U.S. Highway 62, as above
described, in its east, southeast and northeast course to its
intersection with east boundary line of Section 43, Block 67,
Township 2, Hudspeth County, Texas;
THENCE north on east boundary line of Section 43, Block 67, Township
2 to its northeast corner, which point is also the southeast corner
of Section 34, Block 67, Township 2.
THENCE continuing north with the east boundary lines of Sections
34, 33, 24, 23, 14, 11, 2, Block 67, Township 2 and Sections 47, 38,
35, 26, 23, 14, 11, 2, Block 67, Township 1 to the northeast corner
of Section 2, being a point in the Texas-New Mexico State line
forming the north boundary line of Hudspeth County, Texas.
THENCE west with the Texas-New Mexico State Line to the Point of
Beginning.
SECTION 3. FINDINGS RELATED 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 4. ADJUSTMENTS OF DIRECTOR PRECINCTS AND ELECTIONS.
As a result of the change to the boundaries of the district made by
Section 2 of this Act or if otherwise required by law, the board
may:
(1) adjust the precinct boundaries for the election of
directors as necessary to provide for proper representation of the
residents of the district; and
(2) call and hold elections under Chapter 36, Water
Code, or other law to ensure the lawful representation and taxation
of the residents of the district.
SECTION 5. EXISTING OBLIGATIONS. The change to the
district's boundaries made by Section 2 of this Act does not impair
any obligation related to bonds or notes issued by the district
before the effective date of this Act. All outstanding bonds and
notes validly issued by the district remain valid, enforceable, and
binding and shall be paid in full, both principal and interest, in
accordance with their terms and from the sources pledged to the
payment of the bonds or notes. An owner of land within the area
excluded from the district by this Act the taxes on which have been
pledged for bonds or notes issued by the district remains liable for
the owner's pro rata share of that bond or note debt and shall
continue to pay taxes on that land until the owner's pro rata share
is paid.
SECTION 6. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2003.
COMMITTEE AMENDMENT NO. 1
Amend H.B. 3593 by adding an additional SECTION 6 to read as
follows:
SECTION 6. REQUIRED ANALYSIS. The district shall complete
by January 1, 2005, an analysis of the difference between the
district's defined boundaries in relation to the Bone
Spring-Victorio Peak Aquifer and the boundaries reestablished by
SECTION 2 of the Act, and its recommendations concerning
appropriate district boundary changes such that the district's
boundaries and those of the Bone Spring-Victorio Peak Aquifer
coincide.
The district's analysis shall be furnished to the Texas Water
Development Board, Governor, Lieutenant Governor, and the Speaker
of the Texas House of Representatives.
Puente