By: Parker S.B. No. 1326
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation, administration, powers, including the
1-2 power to levy taxes and issue bonds, and authority of the Chambers
1-3 County Improvement District No. 1.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. CREATION; LEGISLATIVE DECLARATION. (a) There is
1-6 created and established a special district to be known as the
1-7 "Chambers County Improvement District No. 1" that is a governmental
1-8 agency, a body politic and corporate, and a political subdivision
1-9 of the state.
1-10 (b) The name of the district may be changed by resolution of
1-11 the board of directors of the district at any time so long as the
1-12 name is descriptive of the location and the principal powers of the
1-13 district.
1-14 (c) The creation of the district is declared to be essential
1-15 to the accomplishment of the purposes of Article III, Section 52,
1-16 Article XVI, Section 59, and Article III, Section 52-a, of the
1-17 Texas Constitution and to the accomplishment of the other purposes
1-18 stated in this Act.
1-19 (d) The legislature finds, determines, and declares that the
1-20 creation of the district is necessary to diversify the economy of
1-21 the state, promote, develop, expand, encourage, and maintain
1-22 employment, commerce, economic development, and the public welfare,
1-23 to promote the control, treatment, storage, and distribution of
2-1 water and the protection, preservation and restoration of the
2-2 sanitary conditions of water, to promote the transportation of
2-3 agricultural, industrial, and commercial products, to promote the
2-4 health, safety, and general welfare of property owners, residents,
2-5 employers, and employees in the district and the general public, to
2-6 promote the improvement of rivers, bays, creeks, streams, and
2-7 canals to permit or to aid navigation and commerce, and to promote
2-8 the construction, maintenance, and operation of streets, roads,
2-9 highways, turnpikes, and railroads in the greater Cedar Crossing
2-10 area of Chambers County. The district will provide needed funding
2-11 in the greater Cedar Crossing area to preserve, maintain, and
2-12 enhance the economic health and vitality of the area as a community
2-13 and a business and industrial center. The district will not act as
2-14 the agent or instrumentality of any private interests even though
2-15 many private interests will be benefited by the district as will
2-16 the general public. The legislature further finds and determines
2-17 and intends that by creating the district it has established a
2-18 program to accomplish the public purposes set out in Article III,
2-19 Section 52-a, Texas Constitution.
2-20 (e) The legislature finds that all of the land and other
2-21 property included within the boundaries of the district will be
2-22 benefited by the improvements and services to be provided by the
2-23 district under powers conferred by Article III, Section 52, Article
2-24 XVI, Section 59, and Article III, Section 52-a, of the Texas
2-25 Constitution and other powers granted under this Act, and that the
3-1 district is created to serve a public use and benefit.
3-2 (f) This Act shall be liberally construed in conformance
3-3 with the legislative findings and purposes stated in this Act.
3-4 SECTION 2. DEFINITION. In this Act, "district" means
3-5 Chambers County Improvement District No. 1.
3-6 SECTION 3. BOUNDARIES. The district shall include all of
3-7 the territory contained within the following described area:
3-8 BEING approximately 13,900 acres of land situated in
3-9 Chambers County, Texas, and being out and a part of Christian Smith
3-10 League, Abstract No. 22, the Thomas Shepherd Survey, Abstract No.
3-11 229, the Chambers County School Land Survey, Abstract No. 321, the
3-12 Solomon Barrow Survey, Abstract No. 3, the John Steele Survey,
3-13 Abstract No. 227, the J. L. Hill Survey, Abstract No. 106, the J.
3-14 K. Allen Survey, Abstract No. 31, the J. C. Fisher Survey, Abstract
3-15 No. 31, the W. D. Smith League, Abstract No. 23 and the John Ijams
3-16 Survey, Abstract No. 15. This tract of land is more particularly
3-17 described by metes and bounds as follows, to-wit:
3-18 BEGINNING at the Northeast corner of Tract No. 199-B, in the
3-19 East line of the Chambers County School Land Survey, Abstract No.
3-20 321 and in the West line of the Solomon Barrow Survey, Abstract No.
3-21 3 and in the South right of way line of the Houston Lighting and
3-22 Power Co. discharge canal right of way.
3-23 THENCE in a Southerly direction with the East line of this
3-24 tract, the East line of the Chambers County School Land Survey and
3-25 the West line of the Solomon Barrow Survey to the Northwest corner
4-1 of Tract No. 100-A.
4-2 THENCE in an Easterly and Southerly direction with the North
4-3 and East lines of Tract No. 100-A to a point at the intersection of
4-4 the North line of Tract No. 100-A with the East right of way line
4-5 of F. M. Highway No. 2354.
4-6 THENCE in a Southerly direction with the East right of way
4-7 line of F. M. Highway No. 2354 to the intersection of the South
4-8 right of way line of Fisher Road (Rice Farm Road) with the East
4-9 right of way line of F. M. Highway No. 2354.
4-10 THENCE in a Westerly direction with the South right of way
4-11 line of Fisher Road to the most Northern Northeast corner of Tract
4-12 No. 89.
4-13 THENCE in a Southerly and Easterly direction with the East
4-14 and North lines of Tract No. 89 to the Northwest corner of a 4.00
4-15 acre tract of land conveyed to Chambers County.
4-16 THENCE in a Southerly and Easterly direction with the West
4-17 and South lines of the Chambers County 4.00 acre tract to the
4-18 intersection of the projection of the South line of the Chambers
4-19 County 4.00 acre tract with the East right of way line of F. M.
4-20 Highway No. 2354.
4-21 THENCE in a Southerly direction with the East right of way
4-22 line of F. M. Highway No. 2354 to a point at the intersection of
4-23 the East right of way line of F. M. Highway No. 2354 with the South
4-24 line, as extended, of Tract No. 89B.
4-25 THENCE in a Westerly direction with the South line of Tract
5-1 No. 89B to the Southwest corner of Tract No. 89B in the East line
5-2 of Tract No. 89M.
5-3 THENCE in a Southerly direction with the East line of Tract
5-4 No. 89M to the Southeast corner of Tract No. 89M in the North line
5-5 of Tract No. 125.
5-6 THENCE in a Westerly direction with the South line of Tract
5-7 No. 89M and the North line of Tract No. 125 to the Northwest corner
5-8 of Tract No. 125.
5-9 THENCE in a Southerly direction with the West line of Tract
5-10 No. 125 to the Southwest corner of Tract No. 125.
5-11 THENCE in an Easterly direction with the South line of Tract
5-12 No. 125 and its extension to the intersection of with this line
5-13 with the East right of way line of F. M. Highway No. 2354.
5-14 THENCE in a Southerly direction with the East right of way
5-15 line of F. M. Highway No. 2354 to a point at the intersection of
5-16 the extension of the South line of Tract No. 4-D with the East
5-17 right of way line of F. M. Highway No. 2354.
5-18 THENCE in a Westerly direction with the South line of Tract
5-19 No. 4-D to the most Northern Northeast corner of Tract No. 10-B.
5-20 THENCE in a Southerly direction with the East and Northerly
5-21 lines of Tract No. 10-5 to a point at the intersection of the North
5-22 line of Tract No. 10-B, as extended, with the East right of way
5-23 line of F. M. Highway No. 2354.
5-24 THENCE in a Southwesterly direction with the East and South
5-25 right of way line of F. M. Highway No. 2354 to the intersection
6-1 with the East right of way line of Live oak Drive.
6-2 THENCE in a Southwesterly direction with the East and South
6-3 right of way line of Live Oak Drive to the intersection of the
6-4 extended East line of the Exxon USA 4.987 acre tract with the South
6-5 right of way line of Live Oak Drive.
6-6 THENCE in a Westerly direction with the East, North and West
6-7 lines of said Exxon tract to the southwest corner of said Exxon
6-8 tract being a corner of Jones and Laughlin Tract No. 3.
6-9 THENCE in a Westerly direction with the South and West lines
6-10 of said Tract No. 3 and the shore line of Galveston Bay and San
6-11 Jacinto Bay and the West line of Tract No. 43 to the Southeast or
6-12 East shore line of Cedar Bayou.
6-13 THENCE in a Northwesterly direction with the shore line of
6-14 Cedar Bayou and the West line of Tracts No. 43, Atlantic Pipeline
6-15 14.3427 acre and 43A to the Southwest corner of the Maurice Hirsch
6-16 so-called 40.28 acre tract.
6-17 THENCE in a Easterly direction with the South line of the
6-18 Hirsch tract and the North line of Tract No. 43A to a point in the
6-19 East right of way line of Tri-City Beach Road at the extension of
6-20 the North line of Tract No. 43A.
6-21 THENCE in a Southerly direction with the East line of
6-22 Tri-City Beach Road to the West right of way line of F. M. Highway
6-23 No. 1405.
6-24 THENCE in a Northerly direction with the West right of way
6-25 line of F. M. Highway No. 1405 to the Northeast corner of Tract No.
7-1 37.
7-2 THENCE in a Westerly direction with the North line of Tract
7-3 No. 37 to the centerline of Cedar Bayou, being the County Line
7-4 between Chambers and Harris Counties.
7-5 THENCE in a Northerly direction with the centerline of Cedar
7-6 Bayou and said County Line to a point at the intersection of the
7-7 centerline of Cedar Bayou with the South line of the Warrior and
7-8 Gulf 15.00 acre tract.
7-9 THENCE in an Easterly, Northerly, Westerly and Southerly
7-10 direction with the lines of the Warrior Gulf 15 acre tract and the
7-11 Hoesch Tubular Products Company lines to a point at the
7-12 intersection of the West line of Hoesch 25 acre tract, extended,
7-13 with the centerline of Cedar Bayou and said County Line.
7-14 THENCE in a Northerly direction with the centerline of Cedar
7-15 Bayou to the intersection of the centerline of Cedar Bayou with the
7-16 extension of the South line of Johnnie and Rosemary Jennings
7-17 property.
7-18 THENCE in a Easterly, Northerly and Westerly direction around
7-19 the Jennings property to the intersection of the North line of the
7-20 Jennings property extended with the centerline of Cedar Bayou and
7-21 said County Line.
7-22 THENCE in a Northerly direction with the centerline of Cedar
7-23 Bayou to the intersection of the centerline of Cedar Bayou with the
7-24 South line, extended, of a Tract conveyed to McDonugh Company.
7-25 THENCE in an Easterly direction with the South line of the
8-1 McDonugh Company tract to a point for the Southeast corner of the
8-2 Light Company tract in the West right of line of West Bay Road (Old
8-3 F. M. Highway No. 1405).
8-4 THENCE in a Northerly direction with the West right of way
8-5 line of West Bay Road to a point at the intersection of the South
8-6 line, extended, of Tract No. 35-X.
8-7 THENCE in a Easterly direction with the South line of Tract
8-8 No. 35-X to the Northeast corner of Tract No. 35-X and in the West
8-9 right of way line of Houston Lighting and Power Company 330 foot
8-10 right of way and in the West line of Tract No. 5-D.
8-11 THENCE in a Northerly direction with the West line of Tract
8-12 No. 5-D and the West line of said 330 foot right of way to a point
8-13 in the North right of way line of West Bay Road.
8-14 THENCE in an Easterly direction with the North right of way
8-15 line of West Bay Road to a point for a corner of Tract No. 5-D
8-16 being in the East right of way line of the old right of way for
8-17 West Bay Road.
8-18 THENCE in an Easterly direction with the North line of Tract
8-19 No. 5-D to the intersection with the South right of way line of the
8-20 Houston Lighting and Power Company Discharge Canal.
8-21 THENCE in an Easterly direction with the South right of way
8-22 line of the Light Company Discharge Canal to the Northwest corner
8-23 of a 21.2152 acre tract of land conveyed to Houston Lighting and
8-24 Power Company.
8-25 THENCE in a Southerly direction with the West line of said
9-1 21.2152 acre tract to the Southwest corner of said 21.2152 acre
9-2 tract of land.
9-3 THENCE in an Easterly direction with the South line of said
9-4 21.2152 acre tract to the Southeast corner of said 21.2152 acre
9-5 tract of land in the West line of the Coastal Water Authority 5.115
9-6 acre tract of land.
9-7 THENCE in a Southerly, Easterly and Northerly direction
9-8 around said Coastal Water Authority 5.115 acre tract to a point for
9-9 the Northeast corner of said 5.115 acre tract in the South right of
9-10 way line of the Houston Lighting and Power Company Discharge Canal
9-11 right of way.
9-12 THENCE in an Easterly direction with the South line of the
9-13 Light Company Discharge Canal right of way to the PLACE OF
9-14 BEGINNING, containing within said boundaries approximately 13,900
9-15 acres of land.
9-16 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
9-17 finds that the boundaries and field notes of the district form a
9-18 closure. If a mistake is made in the field notes or in copying the
9-19 field notes in the legislative process, it in no way affects the
9-20 organization, existence, and validity of the district, the right of
9-21 the district to issue any type of bonds or to issue or enter into
9-22 other types of obligations for the purposes for which the district
9-23 is created or the right of the district to levy and collect
9-24 assessments or taxes, or in any other manner affects the legality
9-25 or operation of the district or its governing body.
10-1 SECTION 5. BOARD OF DIRECTORS. (a) The district is to be
10-2 governed by a board of seven directors.
10-3 (b) Except for the initial directors, each director shall be
10-4 appointed by the Commissioners Court of Chambers County to
10-5 represent a director district in the manner provided in Section
10-6 375.064, Local Government Code, from a list of candidates
10-7 recommended by the board in the manner provided in Section 375.064,
10-8 Local Government Code. Each director so appointed shall serve a
10-9 term of office of four years and until his or her successor is
10-10 appointed and has qualified. Appointments to fill an unexpired
10-11 term shall be made by the remaining directors.
10-12 (c) At the time this Act takes effect, the following persons
10-13 shall constitute the initial board of directors of the district and
10-14 are hereby appointed for the terms prescribed by Subsection (d) of
10-15 this section to represent the following director district:
10-16 Director District Position Name of Director
10-17 1 Deborah S. Hsi
10-18 2 Kandy K. Gregory
10-19 3 Langston H. Wood
10-20 4 Joseph S. Antoline
10-21 5 Donald E. Simpson
10-22 6 Robert B. Brown, Jr.
10-23 7 Robert Douglas Gates
10-24 (d) Of the initial directors, the directors appointed for
10-25 director district positions 1 through 3 shall serve until May 1,
11-1 1995, and the directors appointed for director district positions 4
11-2 through 7 shall serve until May 1, 1997.
11-3 (e) Each director appointed by the Commissioners Court of
11-4 Chambers County shall meet the qualifications set forth in Section
11-5 375.063, Local Government Code, for the area included within the
11-6 boundaries of the director district which such director represents,
11-7 and no person may be appointed as a director or continue to serve
11-8 as a director unless he or she satisfies the requirements set forth
11-9 in Section 375.063, Local Government Code, for the area in the
11-10 director district the person is appointed to represent. Each
11-11 director shall qualify for office as provided in Subchapter D,
11-12 Chapter 375, Local Government Code.
11-13 (f) The board shall be governed by the terms and conditions
11-14 set forth in Subchapter D, Chapter 375, Local Government Code, to
11-15 the extent such provisions do not conflict with the provisions of
11-16 this Act. Directors may vote on any issue if permitted by
11-17 Subchapter D, Chapter 375, Local Government Code; however, action
11-18 may only be taken by the board if it is approved in the manner
11-19 prescribed by Subchapter D, Chapter 375, Local Government Code.
11-20 (g) Each position on the board shall represent a separate
11-21 area of the district to be known as a director district. As soon
11-22 as possible after this Act takes effect, it shall be the duty of
11-23 the board to establish the boundaries of each director district
11-24 over the area within the district which in the board's judgment
11-25 provides a reasonable balance in the board representation between
12-1 acreage, value, improvements, and interests of the property owners
12-2 within the district. All of the land in the district shall be in
12-3 one of the director districts. Director districts may not overlap.
12-4 The board from time to time may establish new boundaries for the
12-5 director districts if it deems it necessary to provide a reasonable
12-6 balance in the board representation between acreage, value,
12-7 improvements, and interests of the property owners within the
12-8 district.
12-9 (h) Directors shall be compensated in the manner provided by
12-10 Section 54.114, Water Code.
12-11 SECTION 6. GENERAL POWERS. (a) The district shall have all
12-12 of the rights, powers, privileges, and authority conferred by the
12-13 general law of this state applicable to districts created under
12-14 Chapter 375, Local Government Code; Chapter 54, Water Code; Chapter
12-15 13, Acts of the 68th Legislature, Regular Session, 1984 (Article
12-16 6674r-1, Vernon's Texas Civil Statutes); and Chapter 623, Acts of
12-17 the 67th Legislature, Regular Session, 1981 (Article 6550c,
12-18 Vernon's Texas Civil Statutes). The district shall also have
12-19 the rights, powers, privileges, and authority granted to
12-20 districts by Subchapters E and M, Chapter 60, Water Code, and
12-21 Section 61.116, Water Code; provided, however, bonds or other
12-22 obligations issued pursuant to any of the foregoing may be secured
12-23 by revenues, assessments, ad valorem taxes, impact fees, grants or
12-24 other funds of the district, or any combination thereof. The
12-25 district shall also have all of those powers granted to municipal
13-1 management districts under Sections 375.092 and 375.111, Local
13-2 Government Code, to provide any services or for any project the
13-3 district is authorized to acquire, construct, or improve pursuant
13-4 to this Act. The district may acquire any interest in land in
13-5 accordance with Chapter 54, Water Code. If any provision of the
13-6 referenced laws is in conflict with or is inconsistent with the
13-7 provisions of this Act, this Act prevails. All laws or provisions
13-8 of a law referenced herein are adopted and incorporated into this
13-9 act for all purposes and may be used by the district independently
13-10 of each other. Each law and provision of law referenced herein is
13-11 adopted and incorporated into this Act as it is amended from time
13-12 to time by the legislature.
13-13 (b) The district may finance the cost of any authorized
13-14 improvement project or services in the manner set forth in any of
13-15 the laws made applicable to the district, including Subchapter F,
13-16 Chapter 375, Local Government Code, and Subchapter J, Chapter 54,
13-17 Water Code. No petition shall be required for the board to be
13-18 authorized to levy taxes, assessments, or impact fees to finance
13-19 services and improvement projects pursuant to this Act as provided
13-20 in Section 375.114, Local Government Code.
13-21 (c) If the district, in exercising any of the powers
13-22 conferred by this Act, requires a relocation, adjustment, raising,
13-23 lowering, rerouting, or changing the grade of or altering the
13-24 construction of any street, alley, highway, overpass, underpass, or
13-25 road, any railroad track, bridge, or other facilities or property,
14-1 any electric lines, conduits, or other facilities or property, any
14-2 telephone or telegraph lines, conduits, or other facilities or
14-3 property, any gas transmission or distribution pipes, pipelines,
14-4 mains, or other facilities or property, any water, sanitary sewer
14-5 or storm sewer pipes, pipelines, mains, or other facilities or
14-6 property, any cable television lines, cables, conduits, or other
14-7 facilities or property, or any other pipelines and any facilities
14-8 or properties relating to those pipelines, those relocations,
14-9 adjustments, raising, lowering, rerouting, or changing of grade or
14-10 altering of construction must be accomplished at the sole cost and
14-11 expense of the district, and damages that are suffered by the
14-12 owners of the property or facilities shall be borne by the
14-13 district.
14-14 SECTION 7. TORT CLAIMS. The district is a unit of
14-15 government for purposes of Chapter 101, Civil Practice and Remedies
14-16 Code (Texas Tort Claims Act), and the operations of the district
14-17 are considered essential governmental functions and not proprietary
14-18 functions for all purposes, including the application of the Texas
14-19 Tort Claims Act.
14-20 SECTION 8. ANNEXATION AND EXCLUSION OF TERRITORY BY THE
14-21 DISTRICT. The district may annex land to and exclude land from the
14-22 district in the manner provided by Chapter 54, Water Code. Land
14-23 may not be annexed to the district unless the municipality in whose
14-24 extraterritorial jurisdiction, as defined in Section 42.021, Local
14-25 Government Code, the land lies consents to the annexation.
15-1 SECTION 9. MUNICIPAL ANNEXATION OF THE DISTRICT. A
15-2 municipality in whose extraterritorial jurisdiction the district
15-3 lies may annex the district in whole or in part, notwithstanding
15-4 any provision of Chapter 43, Local Government Code, and such
15-5 annexation shall not result in total or partial dissolution of the
15-6 district or an assumption by the annexing municipality of any of
15-7 the district's obligations or indebtedness. Creation of the
15-8 district shall not affect the power of any municipality, in whose
15-9 extraterritorial jurisdiction the district or part of the district
15-10 lies, to designate all or part of the district as an industrial
15-11 district or in any way limit the powers of a municipality conferred
15-12 by Chapter 42, Local Government Code. Creation of the district
15-13 shall not affect the power of any municipality to provide municipal
15-14 services to any area within the municipality or its
15-15 extraterritorial jurisdiction which is within the district and the
15-16 municipality shall have the same power to extend or provide
15-17 municipal services after the creation of the district as it had
15-18 before its creation. Any municipal annexation of the district, in
15-19 whole or in part, shall have no effect on the validity of the
15-20 district and the district shall continue to exist and exercise the
15-21 powers granted in this Act.
15-22 SECTION 10. BONDS AND ASSESSMENTS. (a) The district may
15-23 issue bonds payable in whole or in part from ad valorem taxes,
15-24 assessments, impact fees, revenues, grants, or other funds of the
15-25 district, or any combination thereof, to pay for any purpose of the
16-1 district authorized by this Act. The board may levy and collect
16-2 assessments pursuant to the terms and conditions of Subchapter F,
16-3 Chapter 375, Local Government Code, for any authorized purpose to
16-4 the extent they do not conflict with other provisions of this Act.
16-5 (b) No approval of bonds issued by the district shall be
16-6 required other than that of the attorney general in accordance with
16-7 the provisions of Section 375.205, Local Government Code, and that
16-8 of the Texas Water Commission if the bonds are issued for a purpose
16-9 which requires such approval by Section 375.208, Local Government
16-10 Code.
16-11 (c) Assessments or reassessments by the district, penalties
16-12 and interest thereon, expenses of collection, and reasonable
16-13 attorney fees, if incurred, are a first and prior lien against the
16-14 property assessed, are superior to all other liens and claims
16-15 except liens or claims for state, county, school district, or
16-16 municipality ad valorem taxes, and are a personal liability of and
16-17 charge against the owners of the property regardless of whether the
16-18 owners are named in the assessment proceedings. The lien is
16-19 effective from the date of the resolution of the board levying the
16-20 assessment until the assessment is paid and may be enforced by the
16-21 board in the same manner that an ad valorem tax lien against real
16-22 property may be enforced by the board.
16-23 SECTION 11. ELECTIONS. The district shall hold elections in
16-24 the manner provided by Subchapter L, Chapter 375, Local Government
16-25 Code. The district shall also hold elections in the manner
17-1 provided by Subchapter L, Chapter 375, Local Government Code, for
17-2 the purpose of obtaining voter approval of the authority of the
17-3 district to levy a maintenance tax and to issue bonds payable from
17-4 ad valorem taxes or assessments. The board may submit multiple
17-5 purposes in a single proposition at an election.
17-6 SECTION 12. IMPACT FEES. The district may impose impact
17-7 fees as provided by Subchapter G, Chapter 375, Local Government
17-8 Code, for any authorized purpose. Because the district is created
17-9 in an area that is devoted primarily to industrial, commercial, and
17-10 business activity, the district may not impose an impact fee or
17-11 assessment on a single family residential property or on any
17-12 residential duplex, triplex, quadruplex, or condominium.
17-13 SECTION 13. MAINTENANCE TAX. If authorized at an election
17-14 held in accordance with Section 11 of this Act, the district may
17-15 levy and collect for maintenance, operation, and upkeep of the
17-16 district, for the improvements constructed or acquired by the
17-17 district, and for the provision of services to industrial and
17-18 commercial businesses and residents and property owners an annual
17-19 ad valorem tax on all property inside the district based on the
17-20 value of property inside the district at such rate as the board may
17-21 determine.
17-22 SECTION 14. DISSOLUTION OF THE DISTRICT. The district may
17-23 be dissolved as provided in either Section 375.261 or 375.262,
17-24 Local Government Code. If the district is dissolved as set forth
17-25 in this Act, the district shall remain in existence solely for the
18-1 limited purpose of discharging its bonds or other obligations in
18-2 accordance with their terms.
18-3 SECTION 15. CONTRACTS FOR SECURITY SERVICES. To protect the
18-4 public interest, the district may contract with a private entity or
18-5 a municipality, county, or other political subdivision for the
18-6 provision of services for the security and protection of residents
18-7 and property in the district.
18-8 SECTION 16. COMPETITIVE BIDDING. The district shall
18-9 contract for services, improvements, or the purchase of materials,
18-10 machinery, equipment, supplies, and other property as provided by
18-11 Section 375.221, Local Government Code.
18-12 SECTION 17. NOTICE AND CONSENT. The legislature finds that
18-13 proper and legal notice of the intention to introduce this Act,
18-14 setting forth the general substance of this Act, has been published
18-15 as provided by law, and the notice and a copy of this Act have been
18-16 furnished to all persons, agencies, officials, or entities to which
18-17 they are required to be furnished by the constitution and laws of
18-18 this state, including the Governor of Texas, who has submitted the
18-19 notice and Act to the Texas Water Commission. The legislature also
18-20 finds that the Texas Water Commission has filed its recommendations
18-21 relating to this Act with the governor, lieutenant governor, and
18-22 speaker of the house of representatives within the required time.
18-23 The general law relating to consent by political subdivisions to
18-24 the creation of districts with conservation, reclamation, and road
18-25 powers and the inclusion of land in those districts has been
19-1 complied with, and all requirements of the constitution and laws of
19-2 this state and the rules and procedures of the legislature with
19-3 respect to the notice, introduction, and passage of this Act have
19-4 been fulfilled and accomplished.
19-5 SECTION 18. SEVERABILITY CLAUSE. The provisions of this Act
19-6 are severable, and if any provision or part of this Act or the
19-7 application thereof to any person or circumstance shall ever be
19-8 held by any court of competent jurisdiction to be invalid or
19-9 unconstitutional for any reason, the remainder of this Act and the
19-10 application of such provision or part of this Act to other persons
19-11 or circumstances shall not be affected thereby.
19-12 SECTION 19. EMERGENCY CLAUSE. The importance of this
19-13 legislation and the crowded condition of the calendars in both
19-14 houses create an emergency and an imperative public necessity that
19-15 the constitutional rule requiring bills to be read on three several
19-16 days in each house be suspended, and this rule is hereby suspended,
19-17 and that this Act take effect and be in force from and after its
19-18 passage, and it is so enacted.