Texas 2013 - 83rd Regular

Texas House Bill HB3933 Compare Versions

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1	1	By: M. Gonzalez of El Paso H.B. No. 3933
2	2	(Senate Sponsor - Rodriguez)
3	3	(In the Senate - Received from the House May 9, 2013;
4	4	May 9, 2013, read first time and referred to Committee on Natural
5	5	Resources; May 15, 2013, reported favorably by the following vote:
6	6	Yeas 9, Nays 0; May 15, 2013, sent to printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the transfer of territory, assets, liabilities, and
12	12	duties of the former Cuadrilla Improvement Corporation to the Lower
13	13	Valley Water District.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. DEFINITIONS. In this Act:
16	16	(1) "Commission" means the Texas Commission on
17	17	Environmental Quality or, as appropriate, its predecessor, the
18	18	Texas Natural Resource Conservation Commission.
19	19	(2) "Corporation" means the Cuadrilla Improvement
20	20	Corporation.
21	21	(3) "Authority" means the Lower Valley Water District.
22	22	SECTION 2. FINDINGS. (a) On July 8, 1992, the County of El
23	23	Paso, Texas, by and through the county judge of El Paso County,
24	24	quitclaimed the county's right, title, and interest in and to the
25	25	property and any improvements to the property described by Section
26	26	3 of this Act, to the corporation by executing a quitclaim deed,
27	27	record number 009280, as recorded in the county records of El Paso
28	28	County.
29	29	(b) The El Paso Water Control and Improvement District No. 4
30	30	assumed the responsibilities as temporary manager of the
31	31	corporation, including the provision of water and wastewater
32	32	services to customers of the corporation by emergency order issued
33	33	by the commission on September 30, 1999, and confirmed by the
34	34	commission on October 27, 1999.
35	35	(c) The corporation was involuntarily dissolved by order of
36	36	the secretary of state on July 18, 2007.
37	37	(d) The El Paso Water Control and Improvement District No. 4
38	38	no longer wishes to continue providing service to the former
39	39	corporation's customers, and the authority is willing to provide
40	40	and capable of providing that service and of assuming any other
41	41	duties of the former corporation, provided that the authority is
42	42	granted any remaining assets of the former corporation, including
43	43	the real property and any improvements to the property described by
44	44	Section 3 of this Act.
45	45	(e) The transfer of any remaining assets of the former
46	46	corporation, including the real property and any improvements to
47	47	the property described by Section 3 of this Act, serves a public
48	48	purpose and benefits the land included in the transfer.
49	49	SECTION 3. AMENDMENT. Section 2, Chapter 780, Acts of the
50	50	69th Legislature, Regular Session, 1985, is amended by adding
51	51	Subsection (c) to read as follows:
52	52	(c) In addition to the territory described by Subsection (a)
53	53	of this section, the authority includes all of the property and any
54	54	improvements to the property contained in the following area:
55	55	Property (including any improvements):
56	56	Parcel No. 1 Description
57	57	Being a 0.245 acre parcel of land out of Tract 2C, Block 40, San
58	58	Elizario Grant in El Paso County, Texas and being more particularly
59	59	described by metes and bounds as follows to wit:
60	60	Beginning at the most Westerly corner of said Tract 2C, Block 40,
61	61	San Elizario Grant;
62	62	Thence, along the common line of said Tract 2C and the Cuadrilla
63	63	Lateral, North 70° 24' East, 80.79 feet to a point for corner;
64	64	Thence, continuing along said common line of said Tract 2C and the
65	65	Cuadrilla Lateral, North 63° 40' East, 167.05 feet to a point for
66	66	corner;
67	67	Thence, South 30° 16' East, 59.35 feet to a point for corner;
68	68	Thence, South 61° 24' West, 106.11 feet to a point for corner;
69	69	Thence, North 89° 42' West, 162.58 feet to the point of beginning and
70	70	containing 10,678.95 square feet or 0.245 acres of land more or
71	71	less.
72	72	Parcel No. 2 Description
73	73	Being a 1.355 acre parcel of land out of Tract 11-A, Block 5, San
74	74	Elizario Grant in El Paso County, Texas and being more particularly
75	75	described by metes and bounds as follows, to wit:
76	76	Beginning at the Northwesterly corner of said Tract 11-A, Block 5,
77	77	San Elizario Grant, said point also being on the East right-of-way
78	78	line of San Francisco Street as shown on the Cuadrilla Townsite map;
79	79	Thence, along the South line of the Cuadrilla Lateral, North 49° 34'
80	80	East, 8.30 feet to a point for corner;
81	81	Thence, South 89° 42' East, 235.80 feet to a point for corner;
82	82	Thence, North 61° 24' East, 106.11 feet to a point for corner;
83	83	Thence, South 30° 16' East, 127.00 feet to a point on the North
84	84	right-of-way line of the Cuadrilla Cut-Off Road;
85	85	Thence along the North right-of-way line of the Cuadrilla Cut-Off
86	86	Road, South 59° 44' West, 355.59 feet to the point for corner;
87	87	Thence, North 21° 30' West, 251.47 feet to the point of beginning and
88	88	containing 59,017.08 square feet or 1.355 acres of land more or
89	89	less.
90	90	SECTION 4. TRANSFER OF ASSETS AND RESPONSIBILITIES. On the
91	91	effective date of this Act, the authority shall assume:
92	92	(1) from the El Paso Water Control and Improvement
93	93	District No. 4, the responsibility of providing water and
94	94	wastewater services to the customers in the service area of the
95	95	former corporation; and
96	96	(2) the powers, duties, liabilities, and remaining
97	97	assets of the former corporation, including the property described
98	98	by Section 3 of this Act.
99	99	SECTION 5. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
100	100	(a) The legal notice of the intention to introduce this Act,
101	101	setting forth the general substance of this Act, has been published
102	102	as provided by law, and the notice and a copy of this Act have been
103	103	furnished to all persons, agencies, officials, or entities to which
104	104	they are required to be furnished under Section 59, Article XVI,
105	105	Texas Constitution, and Chapter 313, Government Code.
106	106	(b) The governor, one of the required recipients, has
107	107	submitted the notice and Act to the commission.
108	108	(c) The commission has filed its recommendations relating
109	109	to this Act with the governor, the lieutenant governor, and the
110	110	speaker of the house of representatives within the required time.
111	111	(d) All requirements of the constitution and laws of this
112	112	state and the rules and procedures of the legislature with respect
113	113	to the notice, introduction, and passage of this Act are fulfilled
114	114	and accomplished.
115	115	SECTION 6. EFFECTIVE DATE. This Act takes effect
116	116	immediately if it receives a vote of two-thirds of all the members
117	117	elected to each house, as provided by Section 39, Article III, Texas
118	118	Constitution. If this Act does not receive the vote necessary for
119	119	immediate effect, this Act takes effect September 1, 2013.
120	120	* * * * *