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  S.B. No. 853
 
AN ACT
relating to the creation, administration, powers, duties,
functions, operations, and financing of the San Jacinto Special
Utility District; 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 C, Title 6, Special District Local Laws
Code, is amended by adding Chapter 7211 to read as follows:
CHAPTER 7211. SAN JACINTO SPECIAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
       Sec. 7211.001.  DEFINITION. In this chapter, "district"
means the San Jacinto Special Utility District.
       Sec. 7211.002.  NATURE OF DISTRICT. The district is a
special utility district in San Jacinto County created under and
essential to accomplish the purposes of Section 59, Article XVI,
Texas Constitution. The district is created to serve a public use
and benefit.
       Sec. 7211.003.  CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation and
initial directors' election held before September 1, 2009:
             (1)  the district is dissolved on September 1, 2009,
except that:
                   (A)  any debts of the district incurred shall be
paid;
                   (B)  any assets of the district that remain after
the payment of debts shall be transferred to San Jacinto County; and
                   (C)  the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
             (2)  this chapter expires September 1, 2012.
       Sec. 7211.004.  APPLICABILITY OF OTHER SPECIAL UTILITY
DISTRICT LAW. Except as otherwise provided by this chapter,
Chapters 49 and 65, Water Code, apply to the district.
       Sec. 7211.005.  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 issue any type of
bond, including a refunding bond, for a purpose for which the
district is created or to pay the principal of and interest on a
bond; or
             (3)  the legality or operation of the district or the
board of directors of the district.
[Sections 7211.006-7211.020 reserved for expansion]
SUBCHAPTER A-1. TEMPORARY PROVISIONS
       Sec. 7211.021.  TEMPORARY DIRECTORS. (a)  The temporary
board of directors of the district is composed of:
             (1)  Billy Weaver;
             (2)  Miller Thompson;
             (3)  Chuck Mason;
             (4)  Dennis Ready; and
             (5)  Phil Runge.
       (b)  Each temporary director shall qualify for office as
provided by Section 49.055, Water Code.
       (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, the Texas Commission on
Environmental Quality shall appoint the necessary number of
directors to fill all vacancies on the board.
       (d)  Temporary directors serve until initial directors are
elected under Section 7211.022.
       (e)  As soon as practicable after all the temporary directors
have qualified under Section 49.055, Water Code, the temporary
directors shall convene the organizational meeting of the district
and elect officers from among the temporary directors.
       Sec. 7211.022.  CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. (a)  The temporary directors shall hold an election to
confirm the creation of the district and to elect five initial
directors in accordance with Chapters 49 and 65, Water Code, on or
before September 1, 2009.
       (b)  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.
       (c)  Section 41.001(a), Election Code, does not apply to a
confirmation election held as provided by this section.
       (d)  Initial directors serve until the first regularly
scheduled election of directors under Subchapter C, Chapter 65,
Water Code.
       Sec. 7211.023.  TRANSFER OF ASSETS; DISSOLUTION. (a)  If
the district's creation is confirmed under Section 7211.022, the
San Jacinto Water Supply Corporation shall transfer the assets,
debts, and contractual rights and obligations of the corporation to
the district.
       (b)  Not later than the 30th day after the date of the
transfer under Subsection (a), the board of directors of the San
Jacinto Water Supply Corporation shall commence dissolution
proceedings of the corporation.
       (c)  On dissolution of the San Jacinto Water Supply
Corporation, Certificate of Convenience and Necessity No. 10124 is
considered to be held by the district.
       (d)  The board of directors of the San Jacinto Water Supply
Corporation shall notify the Texas Commission on Environmental
Quality of the dissolution of the corporation and of the transfer of
Certificate of Convenience and Necessity No. 10124 to the district.
       (e)  On receipt of notice under Subsection (d), the Texas
Commission on Environmental Quality shall note in its records that
Certificate of Convenience and Necessity No. 10124 is held by the
district and shall reissue the certificate in the name of the
district without further application or notice. A person does not
have a right to protest or request an administrative review of the
transfer prescribed by this section.
       Sec. 7211.024.  EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2012.
[Sections 7211.025-7211.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
       Sec. 7211.051.  DIRECTORS. The district is governed by a
board of not fewer than five and not more than 11 directors.
       Sec. 7211.052.  QUALIFICATIONS FOR DIRECTORS.
Notwithstanding Section 65.102, Water Code, to be qualified to
serve as a director, a person must be:
             (1)  at least 18 years old;
             (2)  a resident citizen of this state; and
             (3)  either a user of the district facilities or a
qualified voter of the district.
[Sections 7211.053-7211.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
       Sec. 7211.101.  GENERAL POWERS. The district has all of the
rights, powers, privileges, 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.
       Sec. 7211.102.  WATER SERVICE IMPACT FEE. (a)  The district
may charge a water service impact fee that is equal to the tap fee
charged by the San Jacinto Water Supply Corporation on December 31,
2006, under that corporation's tariff.
       (b)  Chapter 395, Local Government Code, does not apply to
the initial water service impact fee set under this section.
       (c)  The district may increase the water service impact fee
only as provided by Chapter 395, Local Government Code, or as
approved by the Texas Commission on Environmental Quality.
       Sec. 7211.103.  LIMIT ON EMINENT DOMAIN POWER.  The district
may not exercise the power of eminent domain to condemn, for
sanitary sewer purposes, land, easements, or other property located
outside the boundaries of the district.
       SECTION 2.  The San Jacinto Special Utility District
initially includes all the territory contained in the following
area:
Being that portion of San Jacinto County, Texas, starting at the
intersection of State Highway 156 and Farm to Market Road 945 thence
8193 ft west along Farm to Market Road 945 to point of beginning on
the existing CCN #10124 service area boundary for the place of
beginning of the boundary of the proposed San Jacinto Special
Utility District,
Thence N 13° 50' 52" W for a distance of 3669.69 ft to the corner of
the existing service area,
Thence N 55° 53' 36" W for a distance of 3078.52 ft to the corner of
the existing service area,
Thence N 03° 43' 56" E for a distance of 2915.59 ft to the corner of
the existing service area,
Thence N 38° 33' 01" E for a distance of 1330.62 ft to the corner of
the existing service area,
Thence N 61° 52' 09" E for a distance of 11948.11 ft to a point that
bears S 19° 04' 14" E from a tributary junction of Wolf Creek just
off Farm to Market Road 224 before it spills into a finger of Lake
Livingston,
Thence N 32° 31' 31" W for a distance of 6113.71 ft to a point that
bears S 31° 07' 12" E 354 ft from a tributary of Wolf Creek,
Thence N 37° 41' 31" E for a distance of 2816.54 ft to a point at the
centerline of Farm to Market Road 224,
Thence along the centerline of Farm to Market Road 224 heading
southeast and ending at a bearing and distance of S 27° 32' 53" E
7021.30 ft until reaching the first major creek which empties into a
finger of Lake Livingston,
Thence along the before mentioned creek a distance of N 50° 58' 18" E
182.24 ft until reaching the shoreline of Lake Livingston,
Thence along the southern shoreline of Lake Livingston and ending
at a bearing and distance of S 76° 26' 6" E 7915.93 ft until reaching
the existing CCN #12983 water service area boundary,
Thence S 69° 23' 20" W for a distance of 891.57 ft along the existing
CCN #12983 service area boundary,
Thence S 42° 5' 47" W for a distance of 2024.50 ft along the existing
CCN #12983 service area boundary,
Thence S 49° 24' 33" E for a distance of 479.12 ft along the existing
CCN #12983 service area boundary,
Thence N 47° 34' 28" E for a distance of 492.90 ft along the existing
CCN #12983 service area boundary,
Thence S 46° 36' 6" E for a distance of 529.35 ft along the existing
CCN #12983 service area boundary,
Thence S 74° 28' 53" E for a distance of 194.19 ft along the existing
CCN #12983 service area boundary,
Thence N 17° 31' 54" E for a distance of 207.05 ft along the existing
CCN #12983 service area boundary,
Thence S 77° 44' 23" E for a distance of 244.67 ft along the existing
CCN #12983 service area boundary,
Thence S 7° 18' 38" E for a distance of 322.27 ft along the existing
CCN #12983 service area boundary,
Thence S 73° 4' 43" W for a distance of 102.90 ft along the existing
CCN #12983 service area boundary,
Thence S 6° 13' 41" W for a distance of 236.71 ft along the existing
CCN #12983 service area boundary,
Thence S 42° 29' 55" E for a distance of 556.02 ft along the existing
CCN #12983 service area boundary,
Thence S 30° 43' 48" W for a distance of 512.62 ft along the existing
CCN #12983 service area boundary,
Thence S 57° 16' 43" E for a distance of 400.00 ft along the existing
CCN #12983 service area boundary,
Thence N 36° 9' 18" E for a distance of 629.49 ft along the existing
CCN #12983 service area boundary,
Thence N 43° 6' 01" E for a distance of 609.60 ft along the existing
CCN #12983 service area boundary,
Thence N 46° 55' 11" E for a distance of 441.20 ft along the existing
CCN #12983 service area boundary to its intersection with the
shoreline of Lake Livingston,
Thence along the shoreline of Lake Livingston and ending at a
bearing and distance of S 84° 57' 55" E 3675.41 ft until reaching the
existing CCN # 12949 water service area boundary,
Thence S 14° 30' 58" E for a distance of 912.39 ft along the existing
CCN #12949 service area boundary,
Thence S 15° 50' 17" E for a distance of 723.70 ft along the existing
CCN #12949 service area boundary,
Thence N 85° 46' 55" E for a distance of 1107.72 ft along the
existing CCN #12949 service area boundary to its intersection with
the shoreline of Lake Livingston,
Thence southerly along the meandering shoreline of Lake Livingston
and ending at a bearing and distance of S 27° 01' 47" W 1488.45 ft to
a point for a corner,
Thence S 13° 41' 40" E for a distance of 3065.65 ft to a point at the
centerline of Farm to Market Road 3128, this point being 6878 ft
from the intersection of Farm to Market Road 3128 and Farm to Market
Road 1514,
Thence S 16° 10' 04" W for a distance of 7195.57 ft to a tributary
junction of Mill Creek,
Thence S 17° 01' 10" E for a distance of 6254.67 ft to a point on the
centerline of Farm to Market Road 222 that is 3453.88 ft from the
intersection of State Highway 150 and Farm to Market Road 222,
Thence S 52° 57' 27" E for a distance of 13205.74 ft to a tributary
junction of Huffman Creek,
Thence S 25° 27' 27" E for a distance of 4429.67 ft to a point just
north of Sheperd Creek,
Thence S 36° 41' 46" W for a distance of 5804.93 ft to a tributary
junction of Little Creek,
Thence N 77° 7' 51" W for a distance of 9229.05 ft until crossing a
tributary of Henry Lake Branch, then continuing on same bearing a
distance of 2550.39 ft until crossing Henry Lake Branch, then
continuing on the same bearing a distance of 4219.11 ft until
crossing Double Lake Branch, then continuing on the same bearing a
distance of 7312.08 ft for a total of 23310.63 ft to a point just
west of Farm to Market Road 2025,
Thence N 4° 16' 48" W for a distance of 5765.75 ft to a point that
bears S 13° 20' 14" W 3179 ft from the intersection of Farm to Market
Road 2025 and State Highway 150,
Thence N 85° 0' 07" W for a distance of 6415.42 ft to a point on the
edge of the existing CCN #12339 service area boundary,
Thence N 13° 50' 52" W for a distance of 12666.89 ft to the place of
beginning for a point of closure on Farm to Market Road 945 for the
proposed San Jacinto Special Utility District boundary.
       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 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,
lieutenant governor, and speaker of the house of representatives
within the required time.
       (d)  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. 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 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, 2007.
____________________________________________________________
President of the Senate             Speaker of the House
       I hereby certify that S.B. No. 853 passed the Senate on
April 26, 2007, by the following vote:  Yeas 31, Nays 0.
______________________________ 
   Secretary of the Senate
       I hereby certify that S.B. No. 853 passed the House on
May 17, 2007, by the following vote:  Yeas 143, Nays 0, two
present not voting.
______________________________ 
   Chief Clerk of the House
Approved:
______________________________ 
______________________________ 
            Date
______________________________ 
______________________________ 
          Governor