By: Keffer of Eastland H.B. No. 2079
A BILL TO BE ENTITLED
AN ACT
relating to the creation, administration, powers, duties,
functions, operations, and financing of the Stephens Regional
Special Utility District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. CREATION. (a) A conservation and reclamation
district is created in Stephens, Eastland, Palo Pinto, Shackelford,
and Throckmorton Counties to be known as the Stephens Regional
Special Utility District. 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 Section 59, Article XVI, Texas
Constitution.
SECTION 2. DEFINITION. In this Act, "district" means the
Stephens Regional Special Utility District.
SECTION 3. BOUNDARIES. The district includes all the
territory contained in the following described area: BEING that
portion of Stephens, Shackelford, Throckmorton, Palo Pinto, and
Eastland Counties, Texas, which has a boundary more particularly
described as follows:
BEGINNING at the northwest corner of said Stephens County,
same being the northeast corner of said Shackelford County and said
point being on the South line of said Throckmorton County;
Thence in an easterly direction approximately 8,310 feet
along the common boundary line of said Stephens and Throckmorton
Counties to a point;
Thence north, cross-country, at approximately 9,575 feet
past the centerline of County Road 383, continuing a total distance
of 16,450 feet to a point 500 feet at right angles and in a southerly
direction from the centerline of Farm to Market Road 209;
Thence in an easterly direction parallel and 500 feet in a
southerly direction from said centerline of Farm to Market Road 209
approximately 920 feet to a point;
Thence in a northerly direction perpendicular to said
centerline of Farm to Market Road 209, at 500 feet past said
centerline of Farm to Market Road 209, continuing a total distance
of 1000 feet to a point 500 feet at right angles and in a northerly
direction from said centerline of Farm to Market Road 209;
Thence in a westerly direction parallel and 500 feet in a
northerly direction from said centerline of Farm to Market Road 209
approximately 3,470 feet to a point;
Thence north, cross-country, at approximately 6,940 feet
past the centerline of Lake Road, continuing a total distance of
approximately 11,960 feet to the centerline of U.S. Highway 183;
Thence in a northwesterly direction along said centerline of
U.S. Highway 183 approximately 5,870 feet to a point;
Thence east, cross-country, at approximately 11,220 feet
past the centerline of Farm to Market Road 1710, continuing a total
distance of approximately 20,460 feet to a point;
Thence south approximately 11,370 feet cross-country to the
centerline of Farm to Market Road 209;
Thence in an easterly direction along said centerline of Farm
to Market Road 209 approximately 13,300 feet to the centerline of
County Road 395;
Thence in a southerly direction along said centerline of
County Road 395 approximately 7,700 feet to the centerline of
County Road 396;
Thence south approximately 13,240 feet cross-country to said
Stephens/Throckmorton County line;
Thence in an easterly direction along said
Stephens/Throckmorton County line, at approximately 9,890 feet
past a point being the intersection of the southeast corner of said
Throckmorton County and southwest corner of Young County,
continuing a total distance of approximately 12,500 feet to a
point;
Thence south approximately 860 feet cross-country to the
centerline of the Brazos River;
Thence in a southeasterly then easterly direction along said
centerline of the Brazos River approximately 12,400 feet to a
point;
Thence east, cross-country, at approximately 5,150 feet past
the centerline of Farm to Market Road 578, continuing a total
distance of approximately 5,775 feet to a point 625 feet at right
angles and in an easterly direction from said centerline;
Thence in a northerly direction parallel and 625 feet in an
easterly direction from said centerline of Farm to Market Road 578
approximately 6,450 to the common boundary line of said Stephens
and Young Counties;
Thence in an easterly direction approximately 20,850 feet
along said Stephens/Young County line to the centerline of County
Road 283;
Thence south approximately 4,050 feet cross-country to the
centerline of a Brazos River Tributary;
Thence in an easterly direction along said centerline of the
Brazos River Tributary approximately 2,375 feet to the centerline
of the Brazos River;
Thence in an easterly direction along said centerline of the
Brazos River approximately 22,900 feet to a point;
Thence south 78 degrees 1 minute east approximately 750 feet
cross-country to the centerline of Farm to Market Road 701;
Thence south 24 degrees 51 minutes east cross-country, at
approximately 20,150 feet past the centerline of County Road 169,
continuing a total distance of approximately 21,280 feet to a point
being 1050 feet at right angles and in a southerly direction from
said centerline of County Road 169;
Thence in an easterly direction approximately 2,400 feet
parallel and 1,050 feet in a southerly direction from said
centerline of County Road 169 to a point;
Thence north 25 degrees 48 minutes east, cross-country, at
approximately 1,150 feet past the centerline of County Road 168,
continuing a total distance of approximately 25,850 feet to a point
on said Stephens/Young County line;
Thence in an easterly direction approximately 34,070 feet
along said Stephens/Young County line to a point 1000 feet at right
angles and in a westerly direction from the centerline of Farm to
Market Road 1287;
Thence south, cross-country, at approximately 5,620 feet
past the centerline of County Road 165, continuing a total distance
of 19,630 feet to a point;
Thence west approximately 8,990 feet cross-country to a
point;
Thence south approximately 670 feet cross-country to a point;
Thence west approximately 930 feet cross-country to a point;
Thence south 59 degrees 54 minutes west approximately 2,090
feet cross-country to a point;
Thence south 9 degrees 13 minutes east, cross country, at
approximately 600 feet past the centerline of Farm to Market Road
1148, continuing a total distance of approximately 1680 feet to the
centerline of Veale Creek;
Thence south 18 degrees 34 minutes east approximately 8,670
feet cross-country to a point;
Thence east approximately 12,900 to a point along the common
boundary line of said Stephens and Palo Pinto Counties;
Thence in a southerly direction along said Stephens/Palo
Pinto County line, at approximately 5,380 feet past the centerline
of Park Road 33, continuing a total distance of 42,940 feet to the
centerline of Little Caddo Creek;
Thence north 76 degrees 37 minutes east approximately 8,180
feet cross country to a point;
Thence south 13 degrees 48 minutes east, cross-country, at
approximately 5,240 feet past the centerline of U.S. Highway 180,
continuing a total distance of 8,050 feet to a point;
Thence south 74 degrees 33 minutes west approximately 10,140
feet cross-country to said Stephens/Palo Pinto County line;
Thence in a southerly direction along said Stephens/Palo
Pinto County line, at approximately 27,270 feet past the centerline
of County Road 104, continuing a total distance of approximately
27,470 to a point 200 feet at right angles in a southerly direction
from said centerline of County Road 104;
Thence in a westerly then northwesterly direction parallel
and 200 feet in a southerly direction from the centerline of said
County Road 104 approximately 6,100 feet to a point;
Thence south 84 degrees 4 minutes west, cross-country, at
approximately 10,500 feet past the centerline of County Road 105,
at approximately 26,275 feet past the centerline of Farm to Market
Road 717, and continuing a total distance of approximately 32,275
feet to a point 200 feet at right angles in an easterly direction
from the centerline of County Road 129;
Thence in a southerly direction parallel and 200 feet in an
easterly direction from said centerline of said County Road 129, at
approximately 4,230 feet past the centerline of County Road 132,
continuing a total distance of approximately 4,430 feet to a point
200 feet at right angles and in an southerly direction from said
centerline of County Road 132;
Thence in a westerly direction parallel and 200 feet in a
southerly direction from said centerline of County Road 132, at
approximately 200 feet past said centerline of County Road 129,
continuing a total distance of approximately 5,250 feet to a point
200 feet at right angles in an easterly direction from a north/south
portion of the centerline of County Road 132;
Thence in a southerly direction parallel and 200 feet in an
easterly direction from said north/south portion of the centerline
of County Road 132 approximately 2,570 feet to a point;
Thence in a westerly direction parallel and 200 feet in a
southerly direction from an east/west portion of said centerline of
County Road 132 approximately 2,700 feet to a point being 200 feet
at right angles in an easterly direction from another north/south
portion of said centerline of County Road 132;
Thence in a southerly direction parallel and 200 feet in an
easterly direction from said centerline of County Road 132
approximately 1,310 feet to a point;
Thence in a westerly direction perpendicular to said
centerline of County Road 132 a distance of 200 feet to a point in
said centerline of County Road 132, said point being 300 feet at
right angles in a southerly direction from the easterly projection
of the centerline of County Road 140;
Thence in a westerly direction parallel and 300 feet in a
southerly direction from the centerline of County Road 140
approximately 1,320 feet to a point;
Thence south 37 degrees 52 minutes west approximately 5,650
feet cross-country to a point;
Thence south 6 degrees 11 minutes east approximately 4,630
feet cross-country to a point being 300 feet at right angles in a
northerly direction from the centerline of Farm to Market Road 207;
Thence in an easterly direction parallel and 200 feet in a
northerly direction from said centerline of Farm to Market Road 207
approximately 4,600 feet to a point;
Thence south 5 degrees 30 minutes east approximately 200 feet
to a point in the centerline of Farm to Market Road 207;
Thence south 3 degrees 41 minutes east approximately 1,480
feet cross-country to a point;
Thence north 83 degrees 23 minutes east approximately 1,030
feet cross-country to a point;
Thence south 1 degree 6 minutes west approximately 17,300
feet cross-country to a point being the midpoint of a curve in said
centerline of County Road 126;
Thence in a southerly direction approximately 1,450 feet
along said centerline of County Road 126 to a point;
Thence south 1 degree 17 minutes east approximately 3,600
feet cross-country to a point being 200 feet at right angles in an
easterly direction from the centerline of the curve of County Road
118;
Thence in a southerly direction parallel and 200 feet in an
easterly direction from said centerline of County Road 118
approximately 2,960 feet to a point;
Thence South, cross-country, at approximately 200 feet past
said centerline of County Road 118, continuing a total distance of
approximately 3,760 feet to a point in the common boundary line of
Stephens and Eastland Counties;
Thence in a westerly direction along said Stephens/Eastland
County line, at approximately 2,090 feet past the centerline of
County Road 119, at approximately 12,850 feet past the centerline
of County Road 125, at approximately 21,590 feet past the
centerline of Farm to Market Road 1852, continuing a total distance
of approximately 41,170 feet to a point being 200 feet at right
angles in an easterly direction from the centerline of County Road
331;
Thence in a southerly direction parallel and 200 feet in an
easterly direction from said centerline of County Road 331
approximately 8,650 feet to a point;
Thence west, cross-country, at approximately 200 feet past
said centerline of County Road 331, continuing a total distance of
approximately 32,400 feet to a point;
Thence north approximately 500 feet cross-country to a point;
Thence west, cross country, at approximately 4,300 feet past
the centerline of County Road 104, continuing a total distance of
approximately 4,500 feet to a point being 200 feet at right angles
in a westerly direction from said centerline of County Road 104;
Thence in a northerly direction parallel and 200 feet in a
westerly direction from said centerline of County Road 104
approximately 7,760 feet to said Stephens/Eastland County line;
Thence in a westerly direction approximately 19,200 feet
along said Stephens/Eastland County line to a point;
Thence north 1 degree 0 minutes west, cross-county, at
approximately 24,740 feet past the centerline of County Road 190,
at approximately 33,200 feet past the centerline of County Road
188, at approximately 43,570 feet past the centerline of County
Road 196, continuing a total distance of approximately 48,770 to a
point in the centerline of Farm to Market Road 576;
Thence in a westerly direction along said centerline of Farm
to Market Road 576, at approximately 6,250 feet past the centerline
of Farm to Market Road 1853, at approximately 18,720 feet past a
point on the common boundary line of said Stephens and Shackelford
Counties, continuing a total distance of 25,475 feet to a point in
the centerline of Farm to Market Road 601 at its intersection with
Farm to Market Road 576;
Thence in a northerly direction along said centerline of Farm
to Market Road 601, at approximately 10,700 feet past the
centerline of County Road 141, continuing a total distance of
approximately 12,500 feet to a point in the centerline of County
Road 103 at its intersection with said Farm To Market Road 601;
Thence in a northerly direction along said centerline of
County Road 103 approximately 15,000 feet to said
Stephens/Shackelford County line;
Thence in a northerly direction along said
Stephens/Shackelford County line approximately 300 feet to a point;
Thence in an easterly direction parallel and 300 feet in a
northerly direction from the centerline of said County Road 290, at
approximately 4,200 feet past the centerline of County Road 294,
continuing a total distance of approximately 22,200 feet to a
point;
Thence north 10 degrees 7 minutes east approximately 7,500
feet cross-country to a point along the normal pool elevation
contour line of 1183.0 feet of Hubbard Creek Reservoir;
Thence approximately 349,000 along said normal pool
elevation contour line of Hubbard Creek Reservoir to said
Stephens/Shackelford County line;
Thence in a northerly direction along said
Stephens/Shackelford County line, at approximately 7,350 feet past
the centerline of County Road 288, at approximately 28,970 feet
past the centerline of County Road 287, continuing a total distance
of approximately 70,650 feet to the POINT OF BEGINNING;
SAVE AND EXCEPT the following tract of land that includes the
City of Breckenridge:
BEGINNING at a point on the centerline of U.S. Highway 180
approximately 5,375 feet in a westerly direction from the
intersection of U.S. Highway 180 and Farm to Market Road 3099;
Thence north 8 degrees 29 minutes west approximately 1,025
feet cross-country to a point;
Thence north 87 degrees 32 minutes east, cross-country, at
approximately 2,575 past the centerline of County Road 222,
continuing a total distance of approximately 5,315 feet to a point
in the centerline of said Farm to Market Road 3099;
Thence in a northerly direction approximately 5,175 feet
along the centerline of said Farm to Market Road 3099 to a point;
Thence north 84 degrees 5 minutes east approximately 3,160
feet cross-country to a point;
Thence south 74 degrees 24 minutes east approximately 4,070
feet cross-country to a point;
Thence south approximately 1,275 feet cross-country to a
point;
Thence east, cross-country, at approximately 5,140 feet past
the centerline of U.S. Highway 183, continuing a total distance of
approximately 6,470 feet to a point;
Thence south approximately 900 feet cross-country to a point;
Thence east, cross-country, at approximately 4,060 feet past
the centerline of County Road 176, continuing a total distance of
4,260 feet to a point;
Thence south approximately 3,280 feet cross-country to a
point;
Thence south 38 degrees 41 minutes east approximately 1,405
feet cross-country to a point;
Thence east approximately 2,680 feet cross-country to a point
in the centerline of Lake Grand Road;
Thence south 85 degrees 8 minutes east approximately 2,650
feet cross-country to a point;
Thence south approximately 450 feet cross-country to a point;
Thence east approximately 2,455 feet cross-country to a point
in the centerline of State Highway 67;
Thence in a southwesterly direction along said centerline of
State Highway 67 approximately 500 feet to a point;
Thence in a southeasterly direction parallel and 250 feet in
a northerly direction from said centerline of U.S. Highway 180
approximately 500 feet to a point;
Thence in a southwesterly direction at right angles to said
U.S. Highway 180 approximately 250 feet to the intersection of U.S.
Highway 180 with County Road 228;
Thence in a southwesterly direction along the centerline of
said County Road 228 approximately 300 feet to a point;
Thence north 70 degrees 48 minutes west approximately 120
feet cross-country to a point;
Thence in a southwesterly direction parallel and 120 feet in
a westerly direction from said centerline of County Road 228
approximately 500 feet to a point;
Thence west approximately 450 feet cross-country to a point;
Thence south approximately 340 feet cross-country to a point
in the centerline of Old Caddo Road;
Thence in a westerly direction along said centerline of Old
Caddo Road approximately 4,965 feet to a point;
Thence south approximately 1,440 feet cross-country to a
point;
Thence south 65 degrees 26 minutes west approximately 3,200
feet cross-country to a point;
Thence west approximately 2,760 feet cross-country to a
point;
Thence south approximately 635 feet cross-country to a point;
Thence west, cross-country, at approximately 2,930 feet past
the centerline of U.S. Highway 183, continuing a total distance of
approximately 5,500 feet to a point in the centerline of County Road
229;
Thence in a southerly direction along said centerline of
County Road 229 approximately 1,170 feet to a point;
Thence west approximately 4,915 feet cross-country to a point
200 feet at right angles and in an easterly direction from the
centerline of County Road 224;
Thence in a southerly direction parallel and 200 feet in an
easterly direction from said centerline of County Road 224
approximately 1,715 feet to a point;
Thence west approximately 200 feet to said centerline of
County Road 224;
Thence south 88 degrees 47 minutes west approximately 2,905
feet cross-country to a point;
Thence north approximately 5,465 feet cross-country to a
point;
Thence west approximately 2,455 feet cross-country to a point
in the centerline of Farm to Market Road 3418;
Thence in a northerly direction along said centerline of Farm
to Market Road 3418 approximately 805 feet to a point in the
centerline of County Road 225 at its intersection with Farm to
Market Road 3418;
Thence west approximately 1,190 feet cross-country to a
point;
Thence north approximately 950 feet cross-country to a point;
Thence north 52 degrees 21 minutes west approximately 1,860
feet cross-country to a point;
Thence north 87 degrees 51 minutes west approximately 2,300
feet cross-country to a point;
Thence north 8 degrees 29 minutes west approximately 1,745
feet cross-country to the POINT OF BEGINNING.
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 right of
the district to issue bonds or refunding bonds or pay the principal
and interest on bonds, or the legality or operation of the district
or its governing body.
SECTION 5. FINDING OF BENEFIT. The legislature finds that
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, and that 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 and 65, Water
Code, applicable to special utility districts created under Section
59, Article XVI, Texas Constitution. This Act prevails over any
provision of general law that is in conflict with or inconsistent
with this Act.
(b) Except as provided in Sections 9(e), 9(f) and 10(b) of
this act, 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 not less than five and not more than 11
directors. There shall be seven initial directors.
(b) Temporary directors shall serve until initial directors
are elected under Chapters 49 and 65, Water Code.
(c) Initial directors serve until permanent directors are
elected under Chapters 49 and 65, Water Code.
SECTION 8. TEMPORARY BOARD OF DIRECTORS. (a) The temporary
board of directors is composed of:
Roger Broyles;
Danny Stephens;
Gary Brockman;
Monroe Pugh;
Cotton Kinnard;
Donnie Lockhart; and
Kelley Grissom.
(b) The temporary directors shall execute their official
bonds and take their official oath of office. The bonds shall be
approved by the board of directors of the district and each bond and
oath shall be filed with the district and retained in its records.
(c) If a temporary director fails to qualify for office, the
temporary directors who have qualified shall appoint a person to
fill the vacancy. If at any time there are fewer than four
qualified temporary directors for any reason, the Texas Commission
on Environmental Quality shall appoint the necessary number of
directors to fill all vacancies on the board.
SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
(a) The temporary board of directors shall call and hold an
election to confirm establishment of the district and to elect the
initial directors as provided by Chapters 49 and 65, Water Code, on
or before January 1, 2007.
(b) Section 41.001(a), Election Code, does not apply to an
election held under this section.
(c) The temporary board of directors shall determine the
method for determining the initial term of each person on the
initial board of directors. The terms must be clearly stated on the
ballot for the confirmation and directors' election.
(d) The initial board of directors shall file with the Texas
Commission on Environmental Quality an order canvassing the
confirmation election returns not later than 30 days after the
election.
(e) Upon a successful confirmation election, Stephens
County Rural Water Supply Corporation shall transfer the assets,
debts, and contractual rights and obligations of Stephens County
Rural Water Supply Corporation to the district and dissolution
proceedings of Stephens County Rural Water Supply Corporation shall
be commenced within 30 days after such transfer. No approval by the
Texas Commission on Environmental Quality shall be required for the
transfer of the assets or for the assumption of the debts,
contractual rights and obligations by the district.
(f) Upon a successful confirmation election and dissolution
of Stephens County Rural Water Supply Corporation, Certificate of
Convenience and Necessity No. 11456, as then existing and in
effect, shall thereafter be deemed by this Act to be held by the
district. Upon receipt of confirmation of the dissolution of
Stephens County Rural Water Supply Corporation, the Texas
Commission on Environmental Quality shall note in its records that
Certificate of Convenience and Necessity No. 11456 is held by the
district, and thereafter the Texas Commission on Environmental
Quality shall re-issue the certificate in the name of the district,
without further application or notice.
(g) If the establishment of the district has not been
confirmed at an election held under this section before the second
anniversary of the effective date of this Act, this Act expires on
that date.
SECTION 10. ADOPTING RULES; IMPACT FEE.
(a) The district may adopt and enforce reasonable rules that
fall within the district's statutory authority.
(b) The district may charge a water service impact fee which
is equal to the equity buy-in fee charged by the Stephens County
Rural Water Supply Corporation on January 31, 2005 under its
tariff. Chapter 395 of the Local Government Code shall not apply to
the initial water service impact fee established under this
subsection. Any increase in the water service impact fee by the
district shall be made as allowed by Chapter 395 of the Local
Government Code or as approved by the Texas Commission on
Environmental Quality.
SECTION 11. 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 has been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished by
the constitution and 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) The general law relating to consent by political
subdivisions to the creation of a conservation and reclamation
district and the inclusion of land in the district has been complied
with, and 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 12. 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, 2005.