By: Eiland (Senate Sponsor - Janek) H.B. No. 4010

(In the Senate - Received from the House May 14, 2007; May 15, 2007, read first time and referred to Committee on Natural Resources; May 18, 2007, reported favorably by the following vote: Yeas 10, Nays 0; May 18, 2007, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Cade Ranch Water Control and Improvement District No. 1 of Galveston County; providing authority to impose a tax and issue bonds; granting the power of eminent domain.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle I, Title 6, Special District Local Laws Code, is amended by adding Chapter 9024 to read as follows:

CHAPTER 9024. CADE RANCH WATER CONTROL AND IMPROVEMENT DISTRICT

NO. 1 OF GALVESTON COUNTY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 9024.001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "Director" means a board member.

(3) "District" means the Cade Ranch Water Control and Improvement District No. 1 of Galveston County.

Sec. 9024.002. NATURE OF DISTRICT. The district is a water control and improvement district in Galveston County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

Sec. 9024.003. CONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation election held under Section 9024.024 before September 1, 2011:

(1) the district is dissolved September 1, 2011, except that the district shall:

(A) pay any debts incurred;

(B) transfer to Galveston County any assets that remain after the payment of debts; and

(C) maintain the organization of the district until all debts are paid and remaining assets are transferred; and

(2) this chapter expires September 1, 2014.

Sec. 9024.004. INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act creating this chapter.

(b) The boundaries and field notes contained in Section 2 of the Act creating this chapter form a closure. A mistake made in the field notes or in copying the field notes in the legislative process does not affect:

(1) the organization, existence, or validity of the district;

(2) the right of the district to impose taxes;

(3) the validity of the district's bonds, notes, or indebtedness; or

(4) the legality or operation of the board.

[Sections 9024.005-9024.020 reserved for expansion]

SUBCHAPTER A-1. TEMPORARY PROVISIONS

Sec. 9024.021. TEMPORARY DIRECTORS. (a) On or after September 1, 2007, a person who owns land in the district may submit a petition to the Texas Commission on Environmental Quality requesting that the commission appoint as temporary directors the five persons named in the petition.

(b) The commission shall appoint as temporary directors the five persons named in the first petition received by the commission.

(c) If a temporary director fails to qualify for office, the commission shall appoint a person to fill the vacancy.

(d) Temporary directors serve until the earlier of:

(1) the date directors are elected under Section 9024.024; or

(2) the date this chapter expires under Section 9024.003.

Sec. 9024.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS. As soon as practicable after all the temporary directors have qualified under Section 49.055, Water Code, the temporary directors shall meet at a location in the district agreeable to a majority of the directors. If a location cannot be agreed upon, the meeting shall be at the Galveston County Courthouse. At the meeting the temporary directors shall elect officers from among the temporary directors and conduct any other district business.

Sec. 9024.023. CONSENT OF MUNICIPALITY REQUIRED. The temporary directors may not hold an election under Section 9024.024 until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located, if any, has adopted a resolution consenting to the creation of the district.

Sec. 9024.024. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. The temporary directors shall hold an election to confirm the creation of the district and to elect five directors as provided by Section 49.102, Water Code.

Sec. 9024.025. INITIAL ELECTED DIRECTORS; TERMS. The directors elected under Section 9024.024 shall draw lots to determine which two shall serve until the first regularly scheduled election of directors under Section 9024.052 and which three shall serve until the second regularly scheduled election of directors.

Sec. 9024.026. EXPIRATION OF SUBCHAPTER. This subchapter expires September 1, 2014.

[Sections 9024.027-9024.050 reserved for expansion]

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 9024.051. DIRECTORS; TERMS. (a) The district is governed by a board of five directors.

(b) Directors serve staggered four-year terms.

Sec. 9024.052. ELECTION OF DIRECTORS. On the uniform election date in May of each even-numbered year, the appropriate number of directors shall be elected.

[Sections 9024.053-9024.100 reserved for expansion]

SUBCHAPTER C. POWERS AND DUTIES

Sec. 9024.101. WATER CONTROL AND IMPROVEMENT DISTRICT POWERS AND DUTIES. The district has the powers and duties provided by the general law of this state, including Chapters 49 and 51, Water Code, applicable to water control and improvement districts created under Section 59, Article XVI, Texas Constitution.

Sec. 9024.102. ROAD PROJECTS. (a) To the extent authorized by Section 52, Article III, Texas Constitution, the district may construct, acquire, improve, maintain, or operate macadamized, graveled, or paved roads, or improvements in aid of those roads, inside the district.

(b) A road project must meet or exceed all applicable construction standards, zoning and subdivision requirements, and regulatory ordinances of each municipality in whose corporate limits or extraterritorial jurisdiction the district is located. If the district is located outside the extraterritorial jurisdiction of a municipality, a road project must meet or exceed all applicable construction standards, zoning and subdivision requirements, and regulatory ordinances of each county in which the district is located.

(c) The district may not undertake a road project unless each municipality in whose corporate limits or extraterritorial jurisdiction the district is located consents by ordinance or resolution. If a district is located outside the extraterritorial jurisdiction of a municipality, the district may not undertake a road project unless each county in which the district is located consents by ordinance or resolution.

Sec. 9024.103. NAVIGATION POWERS. The district may purchase, construct, acquire, own, operate, maintain, improve, or extend, inside and outside the district, canals, waterways, bulkheads, docks, and any other improvements or facilities necessary or convenient to accomplish the navigation purposes of the district under Chapters 60 and 62, Water Code, as authorized by Section 59, Article XVI, Texas Constitution.

Sec. 9024.104. DIVISION OF DISTRICT. (a) The district may be divided into two new districts only if the district:

(1) has no outstanding bonded debt; and

(2) is not imposing ad valorem taxes.

(b) The division procedure is prescribed by Sections 53.030 through 53.041, Water Code. Sections 51.748 through 51.753, Water Code, do not apply to the district.

(c) Any new district created by the division of the district has all the powers and duties of the district.

(d) A new district, at the time it is created by the division of the district, may not contain land outside the area described by Section 2 of the Act creating this chapter.

Sec. 9024.105. LIMITATION ON DISTRICT DISSOLUTION. (a) Notwithstanding Section 43.0751, Local Government Code, or any other general law, before December 31, 2017, the district may not be dissolved unless the dissolution is approved by:

(1) the board; and

(2) the governing body of each municipality in whose corporate limits or extraterritorial jurisdiction the district is located.

(b) This section expires December 31, 2017.

[Sections 9024.106-9024.150 reserved for expansion]

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 9024.151. TAX TO REPAY BONDS. The district may impose a tax to pay the principal of or interest on bonds issued under Section 9024.201.

[Sections 9024.152-9024.200 reserved for expansion]

SUBCHAPTER E. BONDS

Sec. 9024.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS. (a) The district may issue bonds or other obligations as provided by Chapters 49 and 51, Water Code, and to finance the construction, maintenance, or operation of projects under Sections 9024.101 and 9024.102.

(b) The district may not issue bonds to finance projects authorized by Section 9024.102 unless the issuance is approved by a vote of a two-thirds majority of district voters voting at an election called for that purpose.

(c) Bonds or other obligations issued or incurred to finance projects authorized by Section 9024.102 may not exceed one-fourth of the assessed value of the real property in the district.

SECTION 2. The Cade Ranch Water Control and Improvement District No. 1 of Galveston County initially includes all the territory contained in the following area: Survey of part of the John Andrews Survey A-23, German Emigration Company Survey A-74, German Emigration Company Survey A-73, Frank Passano Survey A-166, Frank Passono A-165, Alexander Edgar Survey A-61, Elias Stone Survey A-188, Alexander Edgar A-62, and being more particularly described my metes and bounds as follows; BEGINNING at the Southwest corner of the said Alexander Edgar Survey A-61 being in the East line of the Joseph Dunman Survey and at the Mean High Water line of the Gulf of Mexico; THENCE N 25°53'29"W, along the common Dunman and Edgar lines, at a distance of 497.43 feet passing a found 1" I pipe marking the Northerly line of State Highway No. 87, for a total distance of 7115.23 feet to a found 3" I pipe marking the Northwest corner of the said Alexander Edgar Survey A-61 and the Southwest corner of the B.T. Masterson Survey; THENCE N 64°12'43" E, a distance of 1866.10 feet (called 1866.67') to a found 1 1/2" i pipe marking the Northeast corner of the said Alexander Edgar Survey A-61 and the Northwest corner of the Alexander Edgar Survey A-62; THENCE S 25°53'34" E, along the common Edgar line, a distance of 5598.47 feet to a found 2" I pipe marking the Southwest corner of the Northwest 240 acres of the said Alexander Edgar Survey A-62; THENCE N 64°06'53" E, a distance of 1866.37 feet (Called 1866.67') to the West line of the Frank Passano A-166; THENCE N 25°52'59" W, along the common Edgar and Passano line, a distance of 5592.68 feet to a found 3/4" I rod marking the Northeast corner of the Alexander Edgar Survey A-61; THENCE S 64°36'30" W, a distance of 699.92 feet to a found 3" concrete monument marking the Southeast corner of the said Masterson Survey: THENCE N 25°52'57" W, along the common Masterson and Passono line, a distance of 2308.47 feet to a found 3" concrete monument marking the Northwest corner of the said Frank Passano A-166 and the Southwest corner of SF 7139; THENCE N 58°50'51" E, along the common Passono and SF 7139 line, a distance of 920.83 feet: THENCE N 30°05'51" E, a distance of 1952.99 feet to the West line of the German Emigration Survey A-73; THENCE N 25°53'32" W, along the said German Emigration Survey A-73 West line, a distance of 485.91 feet to its Northwest corner and the South corner of the Frank Passono A-165 and a found ½" I rod in concrete: THENCE N 72°08'42" W, along the Passano West line and the East line of SF 7139 and USA tract S 105 A-667, a distance of 1116.67 feet; THENCE N 02°53'42" W, a distance of 825.0 feet; THENCE N 67°06'18" E, along the Passano North line, a distance of 3111.11 feet; THENCE N 77°29'31" E, along the Passano North line, a distance of 2355.14 feet to the Northwest corner of the Issac Lowrie Survey and the Northeast corner of the Passano Survey in the middle of a bayou; THENCE crossing said bayou, S 25°53'32" E, a distance of 866.41 feet to the Northeast corner of German Emigration Survey A-74 in the said bayou: THENCE continuing S 25°53'32" E, a distance of 1145.79 feet to the Northwest corner of the John Andrews Survey A-23 and the Southwest corner of the said Issac Lowie Survey: THENCE N 64°33'48" E, along the North line of the John Andrews Survey and the Elias Stone Survey and the South line of the said Issac Lowie Survey, at a distance of 160 feet crossing a bayou, at a distance of 3810 feet crossing a bayou, at a distance of 7735 feet crossing a bayou, a total distance of 8231.94 feet to a found 5/8 " I rod marking the Northeast corner of the remainder portion of the Stone Survey and from which a found "Yount Lee Monument" marking the Northeast corner of the Nicholas Fitzsimmons Survey was found N 64°33'48" E a distance of 4504.42 feet and a 5/8" I rod marking the Northwest corner of the Fitzsimmons and the Northeast corner of the Stone was found N 64°33'48" E a distance of 1864.08 feet: THENCE S 25°53'32" E, at a distance of 3095.57 feet passing the interior East corner of the said Stone and the Northwest corner of the Wm Hudson Survey, at a distance of 9459.95 passing a found 2" I pipe marking the intersection of the common line of the Stone and Hudson Survey and the Northerly line of State Highway No. 87, for a total distance of 9899.00 feet to the Mean High Water line of the Gulf of Mexico: THENCE along the said Mean High Water line, the following courses (L-1) S 64°02'42" W, a distance of 575.22 feet: (L-2) S 63°50'42" W, a distance of 494.89 feet: (L-3) S 63°16'31" W, a distance of 499.98 feet: (L-4) S 65°12'08" W, a distance of 528.51 feet: (L-5) S 63°57'11" W, a distance of 521.49 feet: (L-6) S 63°54'27" W, a distance of 548.00 feet: (L-7) S 62°45'33" W, a distance of 553.19 feet to the Southwest corner of the Stone Survey and the Southeast corner of the George Hodge Survey: THENCE N 25°56'15" W, along the common Stone and Hodge line, at a distance of 371.93 feet passing a found brass rod in concrete in the Southerly Right-of-way line of State Highway No. 87, a total distance of 6675.46 feet to a found ½" I rod in concrete marking the Northeast corner of the said Hodge Survey: THENCE S 64°33'45" W , along the common Stone and Hodge line, a distance of 1866.67 feet to the Northwest corner of the said Hodge Survey in the East line of the said Andrew Survey: THENCE S 25°56'15" E, along the common Hodge and Andrews line, at a distance of 6316.73 feet passing a found ½" I rod in the Northerly line of State Highway No. 87, a total distance of 6602.64 feet to the said Mean High Water line of the Gulf of Mexico: THENCE along the said Mean High Water line, the following courses, (L-8) S 64°55'34" W, a distance of 226.88 feet: (L-9) S 64°08'47" W, a distance of 604.26 feet: (L-10) S 64°50'25" W, a distance of 441.59 feet: (L-11) S 64°17'20" W, a distance of 1040.26 feet: (L-12) S 64°45'52" W, a distance of 513.03 feet: (L-13) S 64°46'54" W, a distance of 481.88 feet: (L-14) S 64°35'20" W, a distance of 965.94 feet: (L-15) S 64°45'05" W, a distance of 549.87 feet: (L-16) S 64°40'39" W, a distance of 1022.67 feet: (L-17) S 64°36'18" W, a distance of 463.83 feet: (L-18) S 64°12'56" W, a distance of 519.57 feet: (L-19) S 64°45'11" W, a distance of 1015.97 feet: (L-20) S 64°48'38" W, a distance of 446.23 feet: (L-21) S 64°19'15" W, a distance of 550.14 feet: (L-22) S 63°38'24" W, a distance of 441.93 feet: (L-23) S 63°10'08" W, a distance of 549.74 feet: (L-24) S 64°45'38" W, a distance of 470.20 feet: (L-25) S 62°10'44" W, a distance of 520.78 feet: (L-26) S 65°42'19" W, a distance of 471.99 feet: (L-27) S 62°29'53" W, a distance of 534.49 feet: (L-28) S 64°13'43" W, a distance of 575.28 feet: (L-29) S 62°49'50" W, a distance of 345.86 feet: (L-30) S 58°29'31" W, a distance of 296.81 feet: (L-31) S 67°13'24" W, a distance of 83.09 feet to the POINT OF BEGINNING and containing a calculated area of 3,821.03 acres part of which is tidal and subject to the rights of the State of Texas, and including 46.43 acres within the said State Highway No. 87 right-of-way.

SECTION 3. (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.

(b) The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality.

(c) The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time.

(d) 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 4. This Act takes effect September 1, 2007.

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