81C346(3) KEL

 

CHAPTER 8289.  MEMORIAL POINT UTILITY DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 8289.001.  DEFINITIONS ................................ 1

Sec. 8289.002.  NATURE OF DISTRICT ......................... 2

Sec. 8289.003.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE ..... 3

Sec. 8289.004.  DISTRICT TERRITORY ......................... 4

[Sections 8289.005-8289.050 reserved for expansion]

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8289.051.  COMPOSITION OF BOARD ....................... 5

[Sections 8289.052-8289.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 8289.101.  MUNICIPAL UTILITY DISTRICT POWERS .......... 7

CHAPTER 8289.  MEMORIAL POINT UTILITY DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Revised Law

Sec. 8289.001.  DEFINITIONS.  In this chapter:

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

(2)  "Director" means a member of the board.

(3)  "District" means the Memorial Point Utility District.  (Acts 62nd Leg., R.S., Ch. 423, Sec. 1 (part); New.)

Source Law

Sec. 1.  … [a … district] … to be known as "Memorial Point Utility District," hereinafter called the "district," … .

Revisor's Note

The definitions of "board" and "director" are added to the revised law for drafting convenience and to eliminate frequent, unnecessary repetition of the substance of the definitions.

Revised Law

Sec. 8289.002.  NATURE OF DISTRICT.  The district is a conservation and reclamation district in Polk County created under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg., R.S., Ch. 423, Sec. 1 (part).) 

Source Law

Sec. 1.  … there is hereby created and established, under and pursuant to the provisions of Article XVI, Section 59, of the Constitution of Texas, a conservation and reclamation district in Polk County, Texas, … which shall be a governmental agency and a body politic and corporate.  …

Revisor's Note

(1)  Section 1, Chapter 423, Acts of the 62nd Legislature, Regular Session, 1971, provides that the district is "created and established."  The revised law omits "established" because the meaning of that word is included in the meaning of "created."

(2)  Section 1, Chapter 423, Acts of the 62nd Legislature, Regular Session, 1971, provides that the district is created notwithstanding certain laws relating to consent.  The revised law omits that provision as executed because the district has been created.  The omitted law reads:

Sec. 1.  Notwithstanding provisions of the general laws relating to consent by political subdivisions for the creation of conservation and reclamation districts, [there is hereby created … a conservation and reclamation district] … .

(3)  Section 1, Chapter 423, Acts of the 62nd Legislature, Regular Session, 1971, refers to the district as "a governmental agency and a body politic and corporate."  The revised law omits the quoted language because it duplicates a portion of Section 59(b), Article XVI, Texas Constitution, which provides that a conservation and reclamation district is a governmental agency and a body politic and corporate.

Revised Law

Sec. 8289.003.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.  (a)  The district is created to serve a public use and benefit.

(b)  All land and other property included in the boundaries of the district will benefit from the works and projects accomplished by the district under the powers conferred by Section 59, Article XVI, Texas Constitution.

(c)  The creation of the district is essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.  (Acts 62nd Leg., R.S., Ch. 423, Secs. 1 (part), 3.) 

Source Law

Sec. 1.  …  The creation and establishment of the district is hereby declared to be essential to the accomplishment of the purposes of Article XVI, Section 59 of the Constitution of Texas.

Sec. 3.  It is determined and found that all of the land and other property included within the area and boundaries of the district will be benefited by the works and project which are to be accomplished by the district pursuant to the powers conferred by the provisions of Article XVI, Section 59 of the Constitution of Texas, and that said district is created to serve a public use and benefit.

Revisor's Note

(1)  Section 1, Chapter 423, Acts of the 62nd Legislature, Regular Session, 1971, provides that the "creation and establishment" of the district are essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.  The revised law omits "establishment" because its meaning is included in the meaning of "creation."

(2)  Section 3, Chapter 423, Acts of the 62nd Legislature, Regular Session, 1971, refers to land and other property included within the "area and boundaries of the district."  The revised law omits the reference to "area" because, in context, "area" is included in the meaning of "boundaries."

Revised Law

Sec. 8289.004.  DISTRICT TERRITORY.  (a)  The district is composed of the territory described by Section 4, Chapter 423, Acts of the 62nd Legislature, Regular Session, 1971, as that territory may have been modified under:

(1)  Subchapter H, Chapter 54, Water Code;

(2)  Subchapter J, Chapter 49, Water Code; or

(3)  other law.

(b)  The boundaries and field notes of the district form a closure.  A mistake in copying the field notes in the legislative process or another mistake in the field notes does not affect:

(1)  the district's organization, existence, or validity;

(2)  the district's right to issue any type of bond for a purpose for which the district is created or to pay the principal of and interest on the bond;

(3)  the district's right to impose a tax; or

(4)  the legality or operation of the district or its governing body.  (Acts 62nd Leg., R.S., Ch. 423, Sec. 2; New.)

Source Law

Sec. 2.  It is determined and found that the boundaries and field notes of the district form a closure. If any mistake is made in copying the field notes in the legislative process or otherwise a mistake is made in the field notes, it shall in no way affect the organization, existence and validity of the district, or the right of the district to issue any type of bonds or refunding bonds for the purpose for which the district is created or to pay the principal and interest thereon, or the right to assess, levy and collect taxes, or in any other manner affect the legality or operation of the district or its governing body.

Revisor's Note

(1)  The revision of the law governing the district does not revise the statutory language describing the territory of the district to avoid the lengthy recitation of the description and because that description may not be accurate on the effective date of the revision or at the time of a later reading.  For the reader's convenience, the revised law includes references to the statutory description of the district's territory and to the authority to change the district's territory under Subchapter H, Chapter 54, Water Code, applicable to municipal utility districts, and under Subchapter J, Chapter 49, Water Code, applicable to the district under Sections 49.001 and 49.002 of that chapter.  The revised law also includes a reference to the general authority of the legislature to enact a law to change the district's territory.

(2)  Section 2, Chapter 423, Acts of the 62nd Legislature, Regular Session, 1971, provides that a mistake in the description of the district boundaries does not affect the right of the district to issue "any type of bonds or refunding bonds."  The revised law omits the reference to "refunding bonds" because refunding bonds are included in the meaning of "any type of bonds."

(3)  Section 2, Chapter 423, Acts of the 62nd Legislature, Regular Session, 1971, refers to the district's authority to "assess, levy and collect" taxes.  The revised law substitutes "impose" for "assess, levy and collect" because "impose" is the term generally used in Title 1, Tax Code, and includes the assessment, levy, and collection of a tax.

[Sections 8289.005-8289.050 reserved for expansion]

SUBCHAPTER B. BOARD OF DIRECTORS

Revised Law

Sec. 8289.051.  COMPOSITION OF BOARD.  The board of directors is composed of five elected directors.  (Acts 62nd Leg., R.S., Ch. 423, Sec. 6 (part).)

Source Law

Sec. 6.  … Succeeding directors shall be elected or … .

Revisor's Note

(1)  Section 6, Chapter 423, Acts of the 62nd Legislature, Regular Session, 1971, refers to the initial board of directors and to vacancy procedures.  The revised law omits the language relating to the creation of the initial board as executed.  The revised law omits the language relating to vacancy procedures for the initial board as executed and, to the extent the language may apply to subsequently appointed directors, because it duplicates in substance Section 49.105(c), Water Code.  That section applies to the district under Sections 49.001 and 49.002, Water Code.  The omitted law reads:

Sec. 6.  Immediately after this Act becomes effective, the following named persons shall be the directors of the district and shall constitute the board of directors of the district:

W. J. Reese

Tom S. King

Grenville W. Elder

John E. Riggs

W. A. Hancock

Said persons shall qualify to serve as directors prior to the first meeting of the board of directors. Should any of the above named directors fail to qualify for any reason, the remaining named directors shall appoint someone to fill such vacancy or vacancies; provided, however, that if at any time the number of qualified directors shall be less than three because of the failure or refusal of one or more directors to qualify or serve or because of his or their death or incapacitation, or for any such other reason, the Texas Water Rights Commission shall appoint the necessary number of directors to fill all vacancies on the board. The directors above named or their duly appointed and qualified successor or successors shall serve until the second Saturday in January, 1973. …

(2)  Section 6, Chapter 423, Acts of the 62nd Legislature, Regular Session, 1971, refers to "[s]ucceeding directors" to distinguish the succeeding directors from the initial directors named in that section.  The revised law substitutes "five" for "succeeding" to conform to the number of directors listed in Section 6 (establishing the initial board).

(3)  Section 6, Chapter 423, Acts of the 62nd Legislature, Regular Session, 1971, provides for directors to be elected or appointed and to serve for the term and in the manner provided by Chapter 54, Water Code.  Chapter 715, Acts of the 74th Legislature, Regular Session, 1995, repealed the relevant provisions of Chapter 54 and enacted similar provisions in Chapter 49, Water Code, including Section 49.103, which governs the terms of office and manner of election of directors of a municipal utility district that is required by law to elect its directors.  The revised law omits any reference to Chapter 49, Water Code, because Chapter 49 applies to the district under Sections 49.001 and 49.002 of that chapter.  The revised law also omits "appointed" because it is clear from the context of Section 6 that the reference applies only to directors appointed to fill vacancies as provided by Chapter 49, Water Code. The omitted law reads:

Sec. 6.  … [Succeeding directors shall be elected or] appointed and shall serve for the term and in the manner provided by Chapter 54, Title 4, Water Code, for directors first elected.

[Sections 8289.052-8289.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Revised Law

Sec. 8289.101.  MUNICIPAL UTILITY DISTRICT POWERS.  The district has the rights, powers, privileges, and functions conferred by general law applicable to a municipal utility district, including Chapters 49 and 54, Water Code.  (Acts 62nd Leg., R.S., Ch. 423, Sec. 5 (part); New.)

Source Law

Sec. 5.  The district is hereby vested with, and shall have and exercise, all of the rights, powers, privileges, authority and functions conferred by the general laws of this state applicable to municipal utility districts, including without limitation those conferred by Chapter 54, Title 4, Water Code, but … .

Revisor's Note

(1)  Section 5, Chapter 423, Acts of the 62nd Legislature, Regular Session, 1971, provides that the district "is hereby vested with, and shall have and exercise" certain powers.  The revised law substitutes "has" for the quoted language because, in context, the terms are synonymous and "has" is more commonly used.

(2)  Section 5, Chapter 423, Acts of the 62nd Legislature, Regular Session, 1971, refers to the "rights, powers, privileges, [and] authority" of the district.  The revised law omits the reference to "authority" because, in context, "authority" is included in the meaning of "rights, powers, [and] privileges."

(3)  Section 5, Chapter 423, Acts of the 62nd Legislature, Regular Session, 1971, grants the district certain powers, "including without limitation those conferred by Chapter 54, Title 4, Water Code."  The revised law omits "without limitation" because Section 311.005(13), Government Code (Code Construction Act), provides that "includes" and "including" are terms of enlargement and not of limitation and do not create a presumption that components not expressed are excluded.

(4)  Section 5, Chapter 423, Acts of the 62nd Legislature, Regular Session, 1971, refers to Chapter 54, Water Code.  For the reader's convenience, the revised law adds a reference to Chapter 49, Water Code, because Chapter 715, Acts of the 74th Legislature, Regular Session, 1995, repealed many provisions of Chapter 54 and enacted similar provisions in Chapter 49, Water Code, which applies to the district under Sections 49.001 and 49.002 of that chapter.

(5)  Section 5, Chapter 423, Acts of the 62nd Legislature, Regular Session, 1971, provides that the act prevails over general law in case of a conflict or other inconsistency and that all general laws applicable to municipal utility districts not in conflict or inconsistent with the provisions of the act are adopted and incorporated by reference.  The revised law omits the portion of the provision relating to the act prevailing over general law because it duplicates in substance Section 311.026(b), Government Code (Code Construction Act).  The revised law omits the portion of the provision relating to adoption and incorporation of general laws because Section 5 of Chapter 423 (revised as this section) already provides that those laws apply to the district, and it is unnecessary to repeat that authority.  The omitted law reads:

Sec. 5.  … if any provision of such general laws shall be in conflict or inconsistent with the provisions of this Act, the provisions of this Act shall prevail. All such general laws applicable to municipal utility districts not in conflict or inconsistent with the provisions of this Act are hereby adopted and incorporated by reference with the same effect as if copied in full in this Act.

Revisor's Note

(End of Chapter)

(1)  Section 7, Chapter 423, Acts of the 62nd Legislature, Regular Session, 1971, contains legislative findings relating to the performance of the requirements of Section 59(d), Article XVI, Texas Constitution, and to the authority of the legislature to enact that chapter.  The revised law omits the provision as executed.  The omitted law reads:

Sec. 7.  The Legislature specifically finds and declares that the requirements of Article XVI, Section 59(d) of the Constitution of Texas have been performed and accomplished in due course and time and order, and that the Legislature has the power and authority to enact this Act.

(2)  Section 8, Chapter 423, Acts of the 62nd Legislature, Regular Session, 1971, provides that the act is severable.  The revised law omits that provision because it duplicates Section 311.032, Government Code (Code Construction Act), which provides that a provision of a statute is severable from each other provision of the statute that can be given effect.  The omitted law reads:

Sec. 8.  If any word, phrase, clause, paragraph, sentence, part, portion, or provision of this Act or the application thereof to any person or circumstance shall be held to be invalid or unconstitutional, the remainder of this Act shall nevertheless be valid and the Legislature hereby declares that this Act would have been enacted without such invalid or unconstitutional word, phrase, clause, paragraph, sentence, part, portion or provision.