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.