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By:  Williams                                                     S.B. No. 745

A BILL TO BE ENTITLED
AN ACT
relating to the creation, administration, powers, duties, operation, and financing of East Montgomery County Municipal Utility District No. 4, of Montgomery County, Texas. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. CREATION. (a) A conservation and reclamation district, to be known as East Montgomery County Municipal Utility District No. 4, of Montgomery County, Texas, is created in Montgomery County, subject to approval at a confirmation election under Section 9 of this Act. The district is a governmental agency and a body politic and corporate. (b) The district is created under and is essential to accomplish the purposes of Article XVI, Section 59, of the Texas Constitution. SECTION 2. DEFINITION. In this Act, "district" means East Montgomery County Municipal Utility District No. 4, of Montgomery County, Texas. SECTION 3. BOUNDARIES. The district includes the territory contained within the following area: 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 4. FINDINGS RELATING TO BOUNDARIES. The legislature finds that the boundaries and field notes of the district form a closure. A mistake in the field notes or in copying the field notes in the legislative process does not affect the organization, existence, or validity of the district, the validity of its bonds, notes, or indebtedness, the right of the district to levy and collect taxes, or the legality or operation of the district or its governing body. SECTION 5. FINDING OF BENEFIT. 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 Article XVI, Section 59, of the Texas Constitution. The district is created to serve a public use and benefit. SECTION 6. POWERS. (a) The district has all of the rights, powers, privileges, authority, functions, and duties provided by the general law of this state, including Chapters 49, 50 and 54, Water Code, applicable to municipal utility districts created under Article XVI, Section 59, of the Texas Constitution. This Act prevails over any provision of general law that is in conflict or inconsistent with this Act. (b) The rights, powers, privileges, authority, functions, and duties of the district are subject to the continuing right of supervision of the state to be exercised by and through the Texas Commission on Environmental Quality. SECTION 7. BOARD OF DIRECTORS. (a) The district is governed by a board of five directors. (b) Temporary directors serve until permanent directors are elected under Section 9 of this Act. (c) Permanent directors serve terms of office as provided in Section 49.103, Water Code. (d) Each director must qualify to serve as director in the manner provided by Section 49.055, Water Code. (e) A director serves until the director's successor has qualified. 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 of directors shall call and hold an election to confirm establishment of the district and to elect five permanent directors as provided by Section 49.102, Water Code. (b) Section 41.001(a) Election Code, does not apply to a confirmation and director's election held as provided by this section. SECTION 10. ELECTION OF DIRECTORS. (a) An election shall be held in the district on the uniform election date, established by the Election Code, in May of each even-numbered year, to elect the appropriate number of directors. (b) The Board of directors by order may postpone the first such election following the Confirmation and Directors Election held in accordance with the provisions of Section 9 hereof 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. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCES OR RESOLUTIONS. Subject to the limitations of Section 54.016, Water Code, the district shall comply with all valid and applicable requirements of any ordinance or resolution adopted by any municipality in whose corporate limits or extraterritorial jurisdiction the district is located, including an ordinance or resolution adopted before the effective date of this Act, consenting to the creation of the district or to the inclusion of lands within the district. SECTION 12. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. (a) The proper and 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 by the constitution and other laws of this state, including the governor, who 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 13. 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.