By: Zbranek H.B. No. 2824
73R5746 JD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, and authority of
1-3 the Chambers County Improvement District No. 1; granting the
1-4 authority to issue bonds.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. CREATION; LEGISLATIVE DECLARATIONS. (a) There
1-7 is created a special district to be known as the Chambers County
1-8 Improvement District No. 1. The district is a governmental agency,
1-9 a body politic and corporate, and a political subdivision of the
1-10 state.
1-11 (b) The name of the district may be changed by resolution of
1-12 the board of directors of the district at any time so long as the
1-13 name is descriptive of the location and the principal powers of the
1-14 district.
1-15 (c) The creation of the district is essential to accomplish
1-16 the purposes of Article III, Section 52, Article XVI, Section 59,
1-17 and Article III, Section 52-a, of the Texas Constitution and to
1-18 accomplish the other purposes of this Act.
1-19 (d) The legislature finds, determines, and declares that the
1-20 creation of the district is necessary to:
1-21 (1) diversify the economy of the state;
1-22 (2) promote, develop, expand, encourage, and maintain
1-23 employment, commerce, economic development, and the public welfare;
1-24 (3) promote the control, treatment, storage, and
2-1 distribution of water;
2-2 (4) protect, preserve, and restore the sanitary
2-3 conditions of water;
2-4 (5) promote the transportation of agricultural,
2-5 industrial, and commercial products;
2-6 (6) promote the health, safety, and general welfare
2-7 of:
2-8 (A) property owners, residents, employers, and
2-9 employees in the district; and
2-10 (B) the general public;
2-11 (7) promote the improvement of rivers, bays, creeks,
2-12 streams, and canals to permit or to aid navigation and commerce;
2-13 and
2-14 (8) promote the construction, maintenance, and
2-15 operation of streets, roads, highways, turnpikes, and railroads in
2-16 the greater Cedar Crossing area of Chambers County.
2-17 (e) The district will provide funding in the greater Cedar
2-18 Crossing area needed to preserve, maintain, and enhance the
2-19 economic health and vitality of the area as a community and a
2-20 business and industrial center.
2-21 (f) The district will not act as the agent or
2-22 instrumentality of a private interest even though many private
2-23 interests will be benefited by the district, as will the general
2-24 public.
2-25 (g) The legislature finds, determines, and intends that by
2-26 creating the district it has established a program to accomplish
2-27 the public purposes set out in Article III, Section 52-a, of the
3-1 Texas Constitution.
3-2 (h) The legislature finds that all of the land and other
3-3 property included within the boundaries of the district will be
3-4 benefited by the improvements and services to be provided by the
3-5 district under powers conferred by Article III, Section 52, Article
3-6 XVI, Section 59, and Article III, Section 52-a, of the Texas
3-7 Constitution, and other powers granted under this Act, and that the
3-8 district is created to serve a public use and benefit.
3-9 (i) This Act shall be liberally construed in conformance
3-10 with the legislative findings and purposes stated in this Act.
3-11 SECTION 2. DEFINITIONS. In this Act:
3-12 (1) "Board" means the board of directors of the
3-13 Chambers County Improvement District No. 1.
3-14 (2) "District" means the Chambers County Improvement
3-15 District No. 1.
3-16 (3) "Extraterritorial jurisdiction" has the meaning
3-17 assigned by Section 42.021, Local Government Code.
3-18 SECTION 3. BOUNDARIES. The district includes all of the
3-19 territory contained within the following described area:
3-20 BEING approximately 13,900 acres of land situated in Chambers
3-21 County, Texas, and being out and a part of Christian Smith League,
3-22 Abstract No. 22, the Thomas Shepherd Survey, Abstract No. 229, the
3-23 Chambers County School Land Survey, Abstract No. 321, the Solomon
3-24 Barrow Survey, Abstract No. 3, the John Steele Survey, Abstract
3-25 No. 227, the J. L. Hill Survey, Abstract No. 106, the J. K. Allen
3-26 Survey, Abstract No. 31, the J. C. Fisher Survey, Abstract No. 31,
3-27 the W. D. Smith League, Abstract No. 23 and the John Ijams Survey,
4-1 Abstract No. 15. This tract of land is more particularly described
4-2 by metes and bounds as follows, to-wit:
4-3 BEGINNING at the Northeast corner of Tract No. 199-B, in the
4-4 East line of the Chambers County School Land Survey, Abstract
4-5 No. 321 and in the West line of the Solomon Barrow Survey, Abstract
4-6 No. 3 and in the South right of way line of the Houston Lighting
4-7 and Power Company Discharge Canal right of way.
4-8 THENCE in a Southerly direction with the East line of this
4-9 tract, the East line of the Chambers County School Land Survey and
4-10 the West line of the Solomon Barrow Survey to the Northwest corner
4-11 of Tract No. 100-A.
4-12 THENCE in an Easterly and Southerly direction with the North
4-13 and East lines of Tract No. 100-A to a point at the intersection of
4-14 the North line of Tract No. 100-A with the East right of way line
4-15 of F. M. Highway No. 2354.
4-16 THENCE in a Southerly direction with the East right of way
4-17 line of F. M. Highway No. 2354 to the intersection of the South
4-18 right of way line of Fisher Road (Rice Farm Road) with the East
4-19 right of way line of F. M. Highway No. 2354.
4-20 THENCE in a Westerly direction with the South right of way
4-21 line of Fisher Road to the most Northern Northeast corner of Tract
4-22 No. 89.
4-23 THENCE in a Southerly and Easterly direction with the East
4-24 and North lines of Tract No. 89 to the Northwest corner of a 4.00
4-25 acre tract of land conveyed to Chambers County.
4-26 THENCE in a Southerly and Easterly direction with the West
4-27 and South lines of the Chambers County 4.00 acre tract to the
5-1 intersection of the projection of the South line of the Chambers
5-2 County 4.00 acre tract with the East right of way line of F. M.
5-3 Highway No. 2354.
5-4 THENCE in a Southerly direction with the East right of way
5-5 line of F. M. Highway No. 2354 to a point at the intersection of
5-6 the East right of way line of F. M. Highway No. 2354 with the South
5-7 line, as extended, of a 0.9796 acre tract of land conveyed to
5-8 United States Steel Corporation by G. E. Troxell, Jr., by deed
5-9 recorded in Volume 283 at Page 454 of the Deed Records of Chambers
5-10 County, Texas.
5-11 THENCE in a Westerly direction with the South line of said
5-12 Troxell tract to the Southwest corner of said Troxell tract in the
5-13 East line of Tract No. 89M.
5-14 THENCE in a Southerly direction with the East line of Tract
5-15 No. 89M to the Southeast corner of Tract No. 89M in the North line
5-16 of Tract No. 125.
5-17 THENCE in a Easterly direction with the North line of Tract
5-18 No. 125 to the East right of way line of F. M. Highway No. 2354.
5-19 THENCE in a Southerly direction with the East right of way
5-20 line of Highway No. 2354 to the South line of Tract No. 125.
5-21 THENCE in a Westerly direction with the South line of Tract
5-22 No. 125 to the Southwest corner of Tract No. 125 in the East line
5-23 of Tract No. 119.
5-24 THENCE in a Southerly direction with the East line of Tracts
5-25 No. 119, 118, 117, 117A, 116 to the Southeast corner of Tract No.
5-26 116 in the North line of Tract No. 114.
5-27 THENCE in a Easterly direction with the South line of Tract
6-1 No. 114 to the East right of way line of F. M. Highway No. 2354.
6-2 THENCE in a Southerly direction with the East right of way
6-3 line of F. M. Highway No. 2354 to South line of Tract No. 4-D as
6-4 extended.
6-5 THENCE in a Westerly direction with the South line of Tract
6-6 No. 4-D to the most Northern Northeast corner of Tract No. 10-B.
6-7 THENCE in a Southerly direction with the East and Northerly
6-8 lines of Tract No. 10-B to a point at the intersection of the North
6-9 line of Tract No. 10-B, as extended, with the East right of way
6-10 line of F. M. Highway No. 2354.
6-11 THENCE in a Southwesterly direction with the East and South
6-12 right of way line of F. M. Highway No. 2354 to the intersection
6-13 with the East right of way line of Live Oak Drive.
6-14 THENCE in a Southwesterly direction with the East and South
6-15 right of way line of Live Oak Drive to the intersection of the
6-16 extended East line of the Nerco Oil and Gas Production Company 2.00
6-17 acre tract with the South right of way line of Live Oak Drive.
6-18 THENCE in a Northerly direction with the East line of the
6-19 Nerco Oil and Gas 2.00 acre tract to the Northeast corner of said
6-20 2.00 acre tract.
6-21 THENCE in a Westerly direction with the North lines of the
6-22 Nerco 2.00 acre tract, the Exxon 2.00 acre tract and the Exxon 5.00
6-23 acre tract of land to the Northwest corner of the Exxon 5.00 acre
6-24 tract of land.
6-25 THENCE in a Southerly direction with the West line of the
6-26 Exxon 5.00 acre tract to the Southwest corner of the Exxon 5.00
6-27 acre tract and a corner of the Jones and Laughlin Tract No. 3.
7-1 THENCE in a Westerly direction with the South and West lines
7-2 of the Jones and Laughlin Tract No. 3 and the shore line of
7-3 Galveston Bay and San Jacinto Bay and the West line of Tract No. 43
7-4 to the Southeast or East shore line of Cedar Bayou.
7-5 THENCE in a Northwesterly direction with the shore line of
7-6 Cedar Bayou and the West line of Tracts No. 43, Atlantic Pipeline
7-7 14.3427 acre and 43A to the Southwest corner of the Maurice Hirsch
7-8 so-called 40.28 acre tract and Northwest corner of Tract No. 43A.
7-9 THENCE in a Easterly direction with the South line of the
7-10 Hirsch tract and the North line of Tract No. 43A to a point in the
7-11 East right of way line of Tri-City Beach Road at the extension of
7-12 the North line of Tract No. 43A.
7-13 THENCE in a Southerly direction with the East line of
7-14 Tri-City Beach Road to the West right of way line of F. M. Highway
7-15 No. 1405.
7-16 THENCE in a Northerly direction with the West right of way
7-17 line of F. M. Highway No. 1405 to the Northeast corner of Tract No.
7-18 37.
7-19 THENCE in a Westerly direction with the North line of Tract
7-20 No. 37 to the centerline of Cedar Bayou, being the County Line
7-21 between Chambers and Harris Counties.
7-22 THENCE in a Northerly direction with the centerline of Cedar
7-23 Bayou and said County Line to a point at the intersection of the
7-24 centerline of Cedar Bayou with the South line of the Warrior and
7-25 Gulf 15.00 acre tract.
7-26 THENCE in an Easterly, Northerly, Westerly and Southerly
7-27 direction with the lines of the Warrior Gulf 15 acre tract and the
8-1 Hoesch Tubular Products Company 25 acre tract lines to a point at
8-2 the intersection of the West line of Hoesch 25 acre tract,
8-3 extended, with the centerline of Cedar Bayou and said County Line.
8-4 THENCE in a Northerly direction with the centerline of Cedar
8-5 Bayou to the intersection of the centerline of Cedar Bayou with the
8-6 extension of the South line of Johnnie and Rosemary Jennings
8-7 property.
8-8 THENCE in a Easterly, Northerly and Westerly direction around
8-9 the Jennings property to the intersection of the North line of the
8-10 Jennings property extended with the centerline of Cedar Bayou and
8-11 said County Line.
8-12 THENCE in a Northerly direction with the centerline of Cedar
8-13 Bayou to the intersection of the centerline of Cedar Bayou with the
8-14 South line, extended, of a Tract conveyed to McDonugh Company.
8-15 THENCE in an Easterly direction with the South line of the
8-16 McDonugh Company tract to a point for the Southeast corner of the
8-17 McDonugh Company tract in the West right of line of West Bay Road
8-18 (Old F. M. Highway No. 1405).
8-19 THENCE in a Northerly direction with the West right of way
8-20 line of West Bay Road to a point at the intersection of the North
8-21 line, extended, of Tract No. 35-X.
8-22 THENCE in a Easterly direction with the North line of Tract
8-23 No. 35-X to the Northeast corner of Tract No. 35-X and in the West
8-24 right of way line of Houston Lighting and Power Company 330 foot
8-25 right of way and in the West line of Tract No. 5-D.
8-26 THENCE in a Northerly direction with the West line of Tract
8-27 No. 5-D and the West line of said 330 foot right of way to a point
9-1 in the North right of way line of West Bay Road.
9-2 THENCE in an Easterly direction with the North right of way
9-3 line of West Bay Road to a point for a corner of Tract No. 5-D
9-4 being in the East right of way line of the old right of way for
9-5 West Bay Road.
9-6 THENCE in an Easterly direction with the North line of Tract
9-7 No. 5-D to the intersection with the South right of way line of the
9-8 Houston Lighting and Power Company Discharge Canal.
9-9 THENCE in an Easterly direction with the South right of way
9-10 line of the Houston Lighting and Power Company Discharge Canal to
9-11 the Northwest corner of a 21.2152 acre tract of land conveyed to
9-12 Houston Lighting and Power Company.
9-13 THENCE in a Southerly direction with the West line of said
9-14 21.2152 acre tract to the Southwest corner of said 21.2152 acre
9-15 tract of land.
9-16 THENCE in an Easterly direction with the South line of said
9-17 21.2152 acre tract to the Southeast corner of said 21.2152 acre
9-18 tract of land in the West line of the Coastal Water Authority 5.115
9-19 acre tract of land.
9-20 THENCE in a Southerly, Easterly and Northerly direction
9-21 around said Coastal Water Authority 5.115 acre tract to a point for
9-22 the Northeast corner of said 5.115 acre tract in the South right of
9-23 way line of the Houston Lighting and Power Company Discharge Canal
9-24 right of way.
9-25 THENCE in an Easterly direction with the South line of the
9-26 Houston Lighting and Power Company Discharge Canal right of way to
9-27 the PLACE OF BEGINNING, containing within said boundaries
10-1 approximately 13,900 acres of land.
10-2 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
10-3 finds that the boundaries and field notes of the district form a
10-4 closure. If a mistake is made in the field notes or in copying the
10-5 field notes in the legislative process, it does not affect the
10-6 organization, existence, or validity of the district, the right of
10-7 the district to issue any type of bonds or to issue or enter into
10-8 other types of obligations for the purposes for which the district
10-9 is created, or the right of the district to levy and collect
10-10 assessments or taxes, or affect in any other manner the legality or
10-11 operation of the district or its governing body.
10-12 SECTION 5. BOARD OF DIRECTORS. (a) The district is
10-13 governed by a board of seven directors.
10-14 (b) Except for the initial directors, the commissioners
10-15 court of Chambers County shall appoint directors in the manner
10-16 provided by Section 375.064, Local Government Code. Directors
10-17 serve staggered four-year terms. A vacancy in the office of
10-18 director shall be filled by the remaining directors for the
10-19 remainder of the unexpired term.
10-20 (c) On the effective date of this Act, the following persons
10-21 constitute the initial board of directors of the district and are
10-22 appointed for the terms prescribed by Subsection (d) of this
10-23 section to represent the following director district positions:
10-24 Director District Position Name of Director
10-25 1 Deborah S. Hsi
10-26 2 Kandy K. Gregory
10-27 3 Langston H. Wood
11-1 4 Joseph S. Antoline
11-2 5 Donald E. Simpson
11-3 6 Robert B. Brown, Jr.
11-4 7 Robert Douglas Gates
11-5 (d) The initial directors appointed for director district
11-6 positions 1-3 serve until May 1, 1995, and the initial directors
11-7 appointed for director district positions 4-7 serve until May 1,
11-8 1997.
11-9 (e) Each director appointed by the commissioners court of
11-10 Chambers County shall meet the qualifications for directors
11-11 provided by Section 375.063, Local Government Code. Each director
11-12 shall qualify for office as required by Subchapter D, Chapter 375,
11-13 Local Government Code.
11-14 (f) The board is governed by Subchapter D, Chapter 375,
11-15 Local Government Code, to the extent that subchapter does not
11-16 conflict with this Act. Directors may vote on any matter
11-17 authorized by Subchapter D, Chapter 375, Local Government Code, if
11-18 the action is taken in the manner prescribed by that subchapter.
11-19 (g) Each position on the board represents a separate area of
11-20 the district to be known as a director district. As soon as
11-21 possible after the effective date of this Act, the board shall
11-22 establish the boundaries of the director districts over areas in
11-23 the district that in the board's judgment provide a reasonable
11-24 balance in the board representation between acreage, value,
11-25 improvements, and interests of the property owners in the district.
11-26 All land in the district shall be in a director district. Director
11-27 districts may not overlap. The board from time to time may
12-1 establish new boundaries for one or more director districts if it
12-2 is necessary to provide a reasonable balance in the board
12-3 representation between acreage, value, improvements, and interests
12-4 of the property owners in the district.
12-5 (h) Directors shall be compensated in the manner provided by
12-6 Section 54.114, Water Code.
12-7 SECTION 6. GENERAL POWERS. (a) The district has all of the
12-8 rights, powers, privileges, and authority conferred by the general
12-9 law of this state applicable to districts created under Chapter
12-10 375, Local Government Code; Chapter 54, Water Code; Chapter 13,
12-11 Acts of the 68th Legislature, 2nd Called Session, 1984 (Article
12-12 6674r-1, Vernon's Texas Civil Statutes); and Chapter 623, Acts of
12-13 the 67th Legislature, Regular Session, 1981 (Article 6550c,
12-14 Vernon's Texas Civil Statutes). The district also has the rights,
12-15 powers, privileges, and authority granted to districts by
12-16 Subchapters E and M, Chapter 60, Water Code, and Section 61.116,
12-17 Water Code. Bonds or other obligations issued under any of those
12-18 laws may be secured by revenues, assessments, ad valorem taxes,
12-19 impact fees, grants, or other funds of the district, or any
12-20 combination of those funds. The district also has all of those
12-21 powers granted to municipal management districts under Sections
12-22 375.092 and 375.111, Local Government Code, to provide any services
12-23 or for any project the district is authorized to acquire,
12-24 construct, or improve under this Act. The district may acquire any
12-25 interest in land in accordance with Chapter 54, Water Code. If any
12-26 provision of general law is in conflict with or is inconsistent
12-27 with this Act, this Act prevails. All laws and provisions of laws
13-1 referenced in this Act and subsequent amendments of those laws are
13-2 adopted and incorporated into this Act for all purposes and may be
13-3 used by the district independently of each other.
13-4 (b) The district may finance the cost of any authorized
13-5 improvement project or services in the manner provided by any law
13-6 made applicable to the district. A petition under Section
13-7 375.114, Local Government Code, is not required for the board to be
13-8 authorized to levy taxes, assessments, or impact fees to finance
13-9 services and improvement projects under this Act.
13-10 (c) If the district, in exercising a power conferred by this
13-11 Act, requires a relocation, adjustment, raising, lowering,
13-12 rerouting, or changing the grade of or altering the construction of
13-13 any street, alley, highway, overpass, underpass, road, railroad
13-14 track, bridge, facility or property, electric line, conduit,
13-15 facility or property, telephone or telegraph line, conduit,
13-16 facility or property, gas transmission or distribution pipe,
13-17 pipeline, main, facility or property, water, sanitary sewer or
13-18 storm sewer pipe, pipeline, main, facility or property, cable
13-19 television line, cable, conduit, facility or property, or other
13-20 pipeline or facility or property relating to the pipeline, that
13-21 relocation, adjustment, raising, lowering, rerouting, changing of
13-22 grade, or altering of construction must be accomplished at the sole
13-23 cost and expense of the district, and damages that are suffered by
13-24 owners of the property or facilities shall be borne by the
13-25 district.
13-26 SECTION 7. TORT CLAIMS. The district is a unit of
13-27 government for purposes of Chapter 101, Civil Practice and Remedies
14-1 Code. The operations of the district are essential governmental
14-2 functions for all purposes and are not proprietary functions.
14-3 SECTION 8. ANNEXATION AND EXCLUSION OF TERRITORY BY THE
14-4 DISTRICT. The district may annex land to and exclude land from the
14-5 district as provided by Chapter 54, Water Code. The district may
14-6 not annex land in a municipality's extraterritorial jurisdiction
14-7 unless the municipality consents to the annexation.
14-8 SECTION 9. MUNICIPAL ANNEXATION OF THE DISTRICT. A
14-9 municipality in whose extraterritorial jurisdiction the district is
14-10 located may annex all or part of the district, notwithstanding any
14-11 provision of Chapter 43, Local Government Code. Annexation does
14-12 not result in total or partial dissolution of the district or an
14-13 assumption by the annexing municipality of any of the district's
14-14 obligations or indebtedness. Creation of the district does not
14-15 affect the power of a municipality in whose extraterritorial
14-16 jurisdiction the district or part of the district lies to designate
14-17 all or part of the district as an industrial district or to limit a
14-18 power of the municipality conferred by Chapter 42, Local Government
14-19 Code. Creation of the district does not affect the power of a
14-20 municipality to provide municipal services to any area in the
14-21 municipality or its extraterritorial jurisdiction that is in the
14-22 district. A municipal annexation of all or part of the district
14-23 has no effect on the validity of the district and the district
14-24 shall continue to exist and exercise the powers granted by this
14-25 Act.
14-26 SECTION 10. BONDS AND ASSESSMENTS. (a) The district may
14-27 issue bonds payable in whole or in part from ad valorem taxes,
15-1 assessments, impact fees, revenues, grants, or other funds of the
15-2 district, or any combination of those funds, to pay for any
15-3 authorized purpose of the district. The board may levy and collect
15-4 an assessment under Subchapter F, Chapter 375, Local Government
15-5 Code, for any authorized purpose only if the assessment does not
15-6 conflict with other provisions of this Act.
15-7 (b) No approval of bonds issued by the district is required
15-8 other than the approval of the attorney general as provided by
15-9 Section 375.205, Local Government Code, and the approval of the
15-10 Texas Water Commission if the bonds are issued for a purpose that
15-11 Section 375.208, Local Government Code, requires to be approved by
15-12 the commission.
15-13 (c) Assessments and reassessments by the district, penalties
15-14 and interest on an assessment or reassessment, expenses of
15-15 collection, and reasonable attorney's fees incurred by the district
15-16 are a first and prior lien against the property assessed, are
15-17 superior to any other lien or claim other than a lien or claim for
15-18 county, school district, or municipal ad valorem taxes, and are the
15-19 personal liability of and charge against the owners of the property
15-20 even if the owners are not named in the assessment proceedings.
15-21 The lien is effective from the date of the resolution of the board
15-22 levying the assessment until the assessment is paid. The board may
15-23 enforce the lien in the same manner that the board may enforce an
15-24 ad valorem tax lien against real property.
15-25 SECTION 11. ELECTIONS. The district shall hold elections as
15-26 provided by Subchapter L, Chapter 375, Local Government Code. The
15-27 district shall also hold an election in the manner provided by that
16-1 subchapter for the purpose of obtaining voter approval for the
16-2 district to levy a maintenance tax or to issue bonds payable from
16-3 ad valorem taxes or assessments. The board may submit multiple
16-4 purposes in a single proposition at an election.
16-5 SECTION 12. IMPACT FEES. The district may impose an impact
16-6 fee for an authorized purpose as provided by Subchapter G, Chapter
16-7 375, Local Government Code. The district may not impose an impact
16-8 fee or assessment on a single-family residential property or a
16-9 residential duplex, triplex, quadruplex, or condominium.
16-10 SECTION 13. MAINTENANCE TAX. If authorized at an election
16-11 held in accordance with Section 11 of this Act, the district may
16-12 levy and collect an annual ad valorem tax on taxable property in
16-13 the district for maintenance, operation, and upkeep of the district
16-14 and the improvements constructed or acquired by the district and
16-15 the provision of services to industrial and commercial businesses
16-16 and residents and property owners. The board shall determine the
16-17 tax rate.
16-18 SECTION 14. DISSOLUTION OF THE DISTRICT. The district may
16-19 be dissolved as provided in Section 375.261 or Section 375.262,
16-20 Local Government Code. If the district is dissolved, the district
16-21 shall remain in existence solely for the limited purpose of
16-22 discharging its bonds or other obligations according to their
16-23 terms.
16-24 SECTION 15. CONTRACTS FOR SECURITY SERVICES. To protect the
16-25 public interest, the district may contract with a private entity or
16-26 a political subdivision for services for the security and
16-27 protection of residents and property in the district.
17-1 SECTION 16. COMPETITIVE BIDDING. The district shall
17-2 contract for services, improvements, or the purchase of materials,
17-3 machinery, equipment, supplies, or other property as provided by
17-4 Section 375.221, Local Government Code.
17-5 SECTION 17. NOTICE AND CONSENT. The legislature finds that:
17-6 (1) proper and legal notice of the intention to
17-7 introduce this Act, setting forth the general substance of this
17-8 Act, has been published as provided by law, and the notice and a
17-9 copy of this Act have been furnished to all persons, agencies,
17-10 officials, or entities to which they are required to be furnished
17-11 by the constitution and laws of this state, including the governor
17-12 of Texas, who has submitted the notice and Act to the Texas Water
17-13 Commission;
17-14 (2) the Texas Water Commission has filed its
17-15 recommendations relating to this Act with the governor, lieutenant
17-16 governor, and speaker of the house of representatives within the
17-17 required time;
17-18 (3) the general law relating to consent by political
17-19 subdivisions to the creation of districts with conservation,
17-20 reclamation, and road powers and the inclusion of land in those
17-21 districts has been complied with; and
17-22 (4) all requirements of the constitution and laws of
17-23 this state and the rules and procedures of the legislature with
17-24 respect to the notice, introduction and passage of this Act have
17-25 been fulfilled and accomplished.
17-26 SECTION 18. SEVERABILITY CLAUSE. The provisions of this Act
17-27 are severable, and if any provision or part of this Act or the
18-1 application thereof to any person or circumstance is held by a
18-2 court of competent jurisdiction to be invalid or unconstitutional
18-3 for any reason, the remainder of this Act and the application of
18-4 that provision or part of this Act to other persons or
18-5 circumstances is not affected.
18-6 SECTION 19. EMERGENCY. The importance of this legislation
18-7 and the crowded condition of the calendars in both houses create an
18-8 emergency and an imperative public necessity that the
18-9 constitutional rule requiring bills to be read on three several
18-10 days in each house be suspended, and this rule is hereby suspended.