Bill Text: TX HB3933 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the transfer of territory, assets, liabilities, and duties of the former Cuadrilla Improvement Corporation to the Lower Valley Water District.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-06-14 - Effective immediately [HB3933 Detail]
Download: Texas-2013-HB3933-Enrolled.html
H.B. No. 3933 |
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relating to the transfer of territory, assets, liabilities, and | ||
duties of the former Cuadrilla Improvement Corporation to the Lower | ||
Valley Water District. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. DEFINITIONS. In this Act: | ||
(1) "Commission" means the Texas Commission on | ||
Environmental Quality or, as appropriate, its predecessor, the | ||
Texas Natural Resource Conservation Commission. | ||
(2) "Corporation" means the Cuadrilla Improvement | ||
Corporation. | ||
(3) "Authority" means the Lower Valley Water District. | ||
SECTION 2. FINDINGS. (a) On July 8, 1992, the County of El | ||
Paso, Texas, by and through the county judge of El Paso County, | ||
quitclaimed the county's right, title, and interest in and to the | ||
property and any improvements to the property described by Section | ||
3 of this Act, to the corporation by executing a quitclaim deed, | ||
record number 009280, as recorded in the county records of El Paso | ||
County. | ||
(b) The El Paso Water Control and Improvement District No. 4 | ||
assumed the responsibilities as temporary manager of the | ||
corporation, including the provision of water and wastewater | ||
services to customers of the corporation by emergency order issued | ||
by the commission on September 30, 1999, and confirmed by the | ||
commission on October 27, 1999. | ||
(c) The corporation was involuntarily dissolved by order of | ||
the secretary of state on July 18, 2007. | ||
(d) The El Paso Water Control and Improvement District No. 4 | ||
no longer wishes to continue providing service to the former | ||
corporation's customers, and the authority is willing to provide | ||
and capable of providing that service and of assuming any other | ||
duties of the former corporation, provided that the authority is | ||
granted any remaining assets of the former corporation, including | ||
the real property and any improvements to the property described by | ||
Section 3 of this Act. | ||
(e) The transfer of any remaining assets of the former | ||
corporation, including the real property and any improvements to | ||
the property described by Section 3 of this Act, serves a public | ||
purpose and benefits the land included in the transfer. | ||
SECTION 3. AMENDMENT. Section 2, Chapter 780, Acts of the | ||
69th Legislature, Regular Session, 1985, is amended by adding | ||
Subsection (c) to read as follows: | ||
(c) In addition to the territory described by Subsection (a) | ||
of this section, the authority includes all of the property and any | ||
improvements to the property contained in the following area: | ||
Property (including any improvements): | ||
Parcel No. 1 Description | ||
Being a 0.245 acre parcel of land out of Tract 2C, Block 40, San | ||
Elizario Grant in El Paso County, Texas and being more particularly | ||
described by metes and bounds as follows to wit: | ||
Beginning at the most Westerly corner of said Tract 2C, Block 40, | ||
San Elizario Grant; | ||
Thence, along the common line of said Tract 2C and the Cuadrilla | ||
Lateral, North 70° 24' East, 80.79 feet to a point for corner; | ||
Thence, continuing along said common line of said Tract 2C and the | ||
Cuadrilla Lateral, North 63° 40' East, 167.05 feet to a point for | ||
corner; | ||
Thence, South 30° 16' East, 59.35 feet to a point for corner; | ||
Thence, South 61° 24' West, 106.11 feet to a point for corner; | ||
Thence, North 89° 42' West, 162.58 feet to the point of beginning and | ||
containing 10,678.95 square feet or 0.245 acres of land more or | ||
less. | ||
Parcel No. 2 Description | ||
Being a 1.355 acre parcel of land out of Tract 11-A, Block 5, San | ||
Elizario Grant in El Paso County, Texas and being more particularly | ||
described by metes and bounds as follows, to wit: | ||
Beginning at the Northwesterly corner of said Tract 11-A, Block 5, | ||
San Elizario Grant, said point also being on the East right-of-way | ||
line of San Francisco Street as shown on the Cuadrilla Townsite map; | ||
Thence, along the South line of the Cuadrilla Lateral, North 49° 34' | ||
East, 8.30 feet to a point for corner; | ||
Thence, South 89° 42' East, 235.80 feet to a point for corner; | ||
Thence, North 61° 24' East, 106.11 feet to a point for corner; | ||
Thence, South 30° 16' East, 127.00 feet to a point on the North | ||
right-of-way line of the Cuadrilla Cut-Off Road; | ||
Thence along the North right-of-way line of the Cuadrilla Cut-Off | ||
Road, South 59° 44' West, 355.59 feet to the point for corner; | ||
Thence, North 21° 30' West, 251.47 feet to the point of beginning and | ||
containing 59,017.08 square feet or 1.355 acres of land more or | ||
less. | ||
SECTION 4. TRANSFER OF ASSETS AND RESPONSIBILITIES. On the | ||
effective date of this Act, the authority shall assume: | ||
(1) from the El Paso Water Control and Improvement | ||
District No. 4, the responsibility of providing water and | ||
wastewater services to the customers in the service area of the | ||
former corporation; and | ||
(2) the powers, duties, liabilities, and remaining | ||
assets of the former corporation, including the property described | ||
by Section 3 of this Act. | ||
SECTION 5. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. | ||
(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 commission. | ||
(c) The commission 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 6. EFFECTIVE DATE. 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, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3933 was passed by the House on May 8, | ||
2013, by the following vote: Yeas 147, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3933 was passed by the Senate on May | ||
22, 2013, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |