S.B. No. 1326
AN ACT
1-1 relating to the creation, administration, powers, and authority of
1-2 the Chambers County Improvement District No. 1; granting the
1-3 authority to issue bonds.
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 a special district to be known as the Chambers County
1-7 Improvement District No. 1. The district is a governmental agency,
1-8 a body politic and corporate, and a political subdivision of the
1-9 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 essential to accomplish
1-15 the purposes of Article III, Section 52, Article XVI, Section 59,
1-16 and Article III, Section 52-a, of the Texas Constitution and to
1-17 accomplish the other purposes of this Act.
1-18 (d) The legislature finds, determines, and declares that the
1-19 creation of the district is necessary to:
1-20 (1) diversify the economy of the state;
1-21 (2) promote, develop, expand, encourage, and maintain
1-22 employment, commerce, economic development, and the public welfare;
1-23 (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
3-1 creating the district it has established a program to accomplish
3-2 the public purposes set out in Article III, Section 52-a, of the
3-3 Texas Constitution.
3-4 (h) The legislature finds that all of the land and other
3-5 property included within the boundaries of the district will be
3-6 benefited by the improvements and services to be provided by the
3-7 district under powers conferred by Article III, Section 52, Article
3-8 XVI, Section 59, and Article III, Section 52-a, of the Texas
3-9 Constitution, and other powers granted under this Act, and that the
3-10 district is created to serve a public use and benefit.
3-11 (i) This Act shall be liberally construed in conformance
3-12 with the legislative findings and purposes stated in this Act.
3-13 SECTION 2. DEFINITIONS. In this Act:
3-14 (1) "Board" means the board of directors of the
3-15 Chambers County Improvement District No. 1.
3-16 (2) "District" means the Chambers County Improvement
3-17 District No. 1.
3-18 (3) "Extraterritorial jurisdiction" has the meaning
3-19 assigned by Section 42.021, Local Government Code.
3-20 SECTION 3. BOUNDARIES. The district includes all of the
3-21 territory contained within the following described area:
3-22 BEING approximately 13,900 acres of land situated in Chambers
3-23 County, Texas, and being out of and a part of the Christian Smith
3-24 League, Abstract No. 22, the Thomas Shepherd Survey, Abstract No.
3-25 229, the Chambers County School Land Survey, Abstract No. 321, the
4-1 Solomon Barrow Survey, Abstract No. 3, the John Steele Survey,
4-2 Abstract No. 227, the J. L. Hill Survey, Abstract No. 106, the J.
4-3 K. Allen Survey, Abstract No. 31, the J. C. Fisher Survey, Abstract
4-4 No. 31, the W. D. Smith League, Abstract No. 23 and the John Ijams
4-5 Survey, Abstract No. 15. This tract of land is more particularly
4-6 described by metes and bounds as follows, to-wit:
4-7 BEGINNING at the Northeast corner of Tract No. 199-B, in the
4-8 East line of the Chambers County School Land Survey, Abstract No.
4-9 321 and in the West line of the Solomon Barrow Survey, Abstract No.
4-10 3 and in the South right of way line of the Houston Lighting and
4-11 Power Company Discharge Canal right of way.
4-12 THENCE in a Southerly direction with the East line of this
4-13 tract, the East line of the Chambers County School Land Survey and
4-14 the West line of the Solomon Barrow Survey to the Northwest corner
4-15 of Tract No. 100-A.
4-16 THENCE in an Easterly and Southerly direction with the North
4-17 and East lines of Tract No. 100-A to a point at the intersection of
4-18 the North line of Tract No. 100-A with the East right of way line
4-19 of F. M. Highway No. 2354.
4-20 THENCE in a Southerly direction with the East right of way
4-21 line of F. M. Highway No. 2354 to the intersection of the South
4-22 right of way line of Fisher Road (Rice Farm Road) with the East
4-23 right of way line of F. M. Highway No. 2354.
4-24 THENCE in a Westerly direction with the South right of way
4-25 line of Fisher Road to the most Northern Northeast corner of Tract
5-1 No. 89.
5-2 THENCE in a Southerly and Easterly direction with the East
5-3 and North lines of Tract No. 89 to the Northwest corner of a 4.00
5-4 acre tract of land conveyed to Chambers County.
5-5 THENCE in a Southerly and Easterly direction with the West
5-6 and South lines of the Chambers County 4.00 acre tract to the
5-7 intersection of the projection of the South line of the Chambers
5-8 County 4.00 acre tract with the East right of way line of F. M.
5-9 Highway No. 2354.
5-10 THENCE in a Southerly direction with the East right of way
5-11 line of F. M. Highway No. 2354 to a point at the intersection of
5-12 the East right of way line of F. M. Highway No. 2354 with the South
5-13 line, as extended, of a 0.9796 acre tract of land conveyed to
5-14 United States Steel Corporation by G. E. Troxell, Jr., by deed
5-15 recorded in Volume 283 at Page 454 of the Deed Records of Chambers
5-16 County, Texas.
5-17 THENCE in a Westerly direction with the South line of Tract
5-18 No. 89M said Troxell tract to the Southwest corner of said Troxell
5-19 tract in the East line of Tract No. 89M.
5-20 THENCE in a Southerly direction with the East line of Tract
5-21 No. 89M to the Southeast corner of Tract No. 89M in the North line
5-22 of Tract No. 125.
5-23 THENCE in a Easterly direction with the North line of Tract
5-24 No. 125 to the East right of way line of F. M. Highway No. 2354.
5-25 THENCE in a Southerly direction with the East right of way
6-1 line of Highway No. 2354 to the South line of Tract No. 125.
6-2 THENCE in a Westerly direction with the South line of Tract
6-3 No. 125 to the Southwest corner of Tract No. 125 in the East line
6-4 of Tract No. 119.
6-5 THENCE in a Southerly direction with the East line of Tracts
6-6 No. 119, 118, 117, 117A, 116 to the Southeast corner of Tract No.
6-7 116 in the North line of Tract No. 114.
6-8 THENCE in a Easterly direction with the North line of Tract
6-9 No. 114 to the East right of way line of F. M. Highway No. 2354.
6-10 THENCE in a Southerly direction with the East right of way
6-11 line of F. M. Highway No. 2354 to South line of Tract No. 4-D as
6-12 extended.
6-13 THENCE in a Westerly direction with the South line of Tract
6-14 No. 4-D to the most Northern Northeast corner of Tract No. 10-B.
6-15 THENCE in a Southerly direction with the East and Northerly
6-16 lines of Tract No. 10-B to a point at the intersection of the North
6-17 line of Tract No. 10-B, as extended, with the East right of way
6-18 line of F. M. Highway No. 2354.
6-19 THENCE in a Southwesterly direction with the East and South
6-20 right of way line of F. M. Highway No. 2354 to the intersection
6-21 with the East right of way line of Live Oak Drive.
6-22 THENCE in a Southwesterly direction with the East and South
6-23 right of way line of Live Oak Drive to the intersection of the
6-24 extended East line of the Nerco Oil and Gas Production Company 2.00
6-25 acre tract with the South right of way line of Live Oak Drive.
7-1 THENCE in a Northerly direction with the East line of the
7-2 Nerco Oil and Gas 2.00 acre tract to the Northeast corner of said
7-3 2.00 acre tract.
7-4 THENCE in a Westerly direction with the North lines of the
7-5 Nerco 2.00 acre tract, the Exxon 2.00 acre tract and the Exxon 5.00
7-6 acre tract of land to the Northwest corner of the Exxon 5.00 acre
7-7 tract of land.
7-8 THENCE in a Southerly direction with the West line of the
7-9 Exxon 5.00 acre tract to the Southwest corner of the Exxon 5.00
7-10 acre tract and a corner of the Jones and Laughlin Tract No. 3.
7-11 THENCE in a Westerly direction with the South and West lines
7-12 of the Jones and Laughlin Tract No. 3 and the shore line of
7-13 Galveston Bay and San Jacinto Bay and the West line of Tract No. 43
7-14 to the Southeast or East shore line of Cedar Bayou.
7-15 THENCE in a Northwesterly direction with the shore line of
7-16 Cedar Bayou and the West line of Tracts No. 43, Atlantic Pipeline
7-17 14.3427 acre and 43A to the Southwest corner of the Maurice Hirsch
7-18 so-called 40.28 acre tract and Northwest corner of Tract No. 43A.
7-19 THENCE in a Easterly direction with the South line of the
7-20 Hirsch tract and the North line of Tract No. 43A to a point in the
7-21 East right of way line of Tri-City Beach Road at the extension of
7-22 the North line of Tract No. 43A.
7-23 THENCE in a Southerly direction with the East line of
7-24 Tri-City Beach Road to the West right of way line of F. M. Highway
7-25 No. 1405.
8-1 THENCE in a Northerly direction with the West right of way
8-2 line of F. M. Highway No. 1405 to the Northeast corner of Tract No.
8-3 37.
8-4 THENCE in a Westerly direction with the North line of Tract
8-5 No. 37 to the centerline of Cedar Bayou, being the County Line
8-6 between Chambers and Harris Counties.
8-7 THENCE in a Northerly direction with the centerline of Cedar
8-8 Bayou and said County Line to a point at the intersection of the
8-9 centerline of Cedar Bayou with the South line of the Warrior and
8-10 Gulf 15.00 acre tract.
8-11 THENCE in an Easterly, Northerly, Westerly and Southerly
8-12 direction with the lines of the Warrior Gulf 15 acre tract and the
8-13 Hoesch Tubular Products Company 25 acre tract lines to a point at
8-14 the intersection of the West line of Hoesch 25 acre tract,
8-15 extended, with the centerline of Cedar Bayou and said County Line.
8-16 THENCE in a Northerly direction with the centerline of Cedar
8-17 Bayou to the intersection of the centerline of Cedar Bayou with the
8-18 extension of the South line of Johnnie and Rosemary Jennings
8-19 property.
8-20 THENCE in a Easterly, Northerly and Westerly direction around
8-21 the Jennings property to the intersection of the North line of the
8-22 Jennings property extended with the centerline of Cedar Bayou and
8-23 said County Line.
8-24 THENCE in a Northerly direction with the centerline of Cedar
8-25 Bayou to the intersection of the centerline of Cedar Bayou with the
9-1 South line, extended, of a Tract conveyed to McDonugh Company.
9-2 THENCE in an Easterly direction with the South line of the
9-3 McDonugh Company tract to a point for the Southeast corner of the
9-4 McDonugh Company tract in the West right of way line of West Bay
9-5 Road (Old F. M. Highway No. 1405).
9-6 THENCE in a Northerly direction with the West right of way
9-7 line of West Bay Road to a point at the intersection of the North
9-8 line, extended, of Tract No. 35-X.
9-9 THENCE in a Easterly direction with the North line of Tract
9-10 No. 35-X to the Northeast corner of Tract No. 35-X and in the West
9-11 right of way line of Houston Lighting and Power Company 330 foot
9-12 right of way and in the West line of Tract No. 5-D.
9-13 THENCE in a Northerly direction with the West line of Tract
9-14 No. 5-D and the West line of said 330 foot right of way to a point
9-15 in the North right of way line of West Bay Road.
9-16 THENCE in an Easterly direction with the North right of way
9-17 line of West Bay Road to a point for a corner of Tract No. 5-D
9-18 being in the East right of way line of the old right of way for
9-19 West Bay Road.
9-20 THENCE in an Easterly direction with the North line of Tract
9-21 No. 5-D to the intersection with the South right of way line of the
9-22 Houston Lighting and Power Company Discharge Canal.
9-23 THENCE in an Easterly direction with the South right of way
9-24 line of the Houston Lighting and Power Company Discharge Canal to
9-25 the Northwest corner of a 21.2152 acre tract of land conveyed to
10-1 Houston Lighting and Power Company.
10-2 THENCE in a Southerly direction with the West line of said
10-3 21.2152 acre tract to the Southwest corner of said 21.2152 acre
10-4 tract of land.
10-5 THENCE in an Easterly direction with the South line of said
10-6 21.2152 acre tract to the Southeast corner of said 21.2152 acre
10-7 tract of land in the West line of the Coastal Water Authority 5.115
10-8 acre tract of land.
10-9 THENCE in a Southerly, Easterly and Northerly direction
10-10 around said Coastal Water Authority 5.115 acre tract to a point for
10-11 the Northeast corner of said 5.115 acre tract in the South right of
10-12 way line of the Houston Lighting and Power Company Discharge Canal
10-13 right of way.
10-14 THENCE in an Easterly direction with the South line of the
10-15 Houston Lighting and Power Company Discharge Canal right of way to
10-16 the PLACE OF BEGINNING, containing within said boundaries
10-17 approximately 13,900 acres of land.
10-18 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
10-19 finds that the boundaries and field notes of the district form a
10-20 closure. If a mistake is made in the field notes or in copying the
10-21 field notes in the legislative process, it does not affect the
10-22 organization, existence, or validity of the district, the right of
10-23 the district to issue any type of bonds or to issue or enter into
10-24 other types of obligations for the purposes for which the district
10-25 is created, or the right of the district to levy and collect
11-1 assessments or taxes, or affect in any manner the legality or
11-2 operation of the district or its governing body.
11-3 SECTION 5. BOARD OF DIRECTORS. (a) The district is
11-4 governed by a board of seven directors.
11-5 (b) Except for the initial directors, the commissioners
11-6 court of Chambers County shall appoint directors to represent a
11-7 director district in the manner provided in Section 375.064, Local
11-8 Government Code, from a list of candidates recommended by the board
11-9 in the manner provided in Section 375.064, Local Government Code.
11-10 Directors serve staggered four-year terms. A vacancy in the office
11-11 of director shall be filled by the remaining directors for the
11-12 remainder of the unexpired term.
11-13 (c) On the effective date of this Act, the following persons
11-14 constitute the initial board of directors of the district and are
11-15 appointed for the terms prescribed by Subsection (d) of this
11-16 section to represent the following director district positions:
11-17 Director District Position Name of Director
11-18 1 Deborah S. Hsi
11-19 2 Kandy K. Gregory
11-20 3 Langston H. Wood
11-21 4 Joseph S. Antoline
11-22 5 Donald E. Simpson
11-23 6 Robert B. Brown, Jr.
11-24 7 Robert Douglas Gates
11-25 (d) The initial directors appointed for director district
12-1 positions 1 through 3 serve until May 1, 1995, and the initial
12-2 directors appointed for director district positions 4 through 7
12-3 serve until May 1, 1997.
12-4 (e) Each director appointed by the commissioners court of
12-5 Chambers County shall meet the qualifications for directors
12-6 provided by Section 375.063, Local Government Code, for the area
12-7 included within the boundaries of the director district which such
12-8 director represents and no person may be appointed as a director or
12-9 continue to serve as a director unless the person satisfies the
12-10 requirements set forth in Section 375.063 for the area in the
12-11 director district such person is appointed to represent. Each
12-12 director shall qualify for office as required by Subchapter D,
12-13 Chapter 375, Local Government Code.
12-14 (f) The board is governed by Subchapter D, Chapter 375,
12-15 Local Government Code, to the extent that subchapter does not
12-16 conflict with this Act. Directors may vote on any matter
12-17 authorized by Subchapter D, Chapter 375, Local Government Code;
12-18 however, action may only be taken by the board if it is approved in
12-19 the manner prescribed by Subchapter D, Chapter 375, Local
12-20 Government Code.
12-21 (g) Each position on the board represents a separate area of
12-22 the district to be known as a director district. As soon as
12-23 possible after the effective date of this Act, the board shall
12-24 establish the boundaries of the director districts over areas in
12-25 the district that in the board's judgment provide a reasonable
13-1 balance in the board representation between acreage, value,
13-2 improvements, and interests of the property owners in the district.
13-3 All land in the district shall be in a director district. Director
13-4 districts may not overlap. The board from time to time may
13-5 establish new boundaries for one or more director districts if it
13-6 is necessary to provide a reasonable balance in the board
13-7 representation between acreage, value, improvements, and interests
13-8 of the property owners in the district.
13-9 (h) Directors shall be compensated in the manner provided by
13-10 Section 54.114, Water Code.
13-11 SECTION 6. GENERAL POWERS. (a) The district has all of the
13-12 rights, powers, privileges, and authority conferred by the general
13-13 law of this state applicable to districts created under Chapter
13-14 375, Local Government Code; Chapter 54, Water Code; Chapter 13,
13-15 Acts of the 68th Legislature, 2nd Called Session, 1984 (Article
13-16 6674r-1, Vernon's Texas Civil Statutes); and Chapter 623, Acts of
13-17 the 67th Legislature, Regular Session, 1981 (Article 6550c,
13-18 Vernon's Texas Civil Statutes). The district also has the rights,
13-19 powers, privileges, and authority granted to districts by
13-20 Subchapters E and M, Chapter 60, Water Code, and Section 61.116,
13-21 Water Code. Bonds or other obligations issued under any of those
13-22 laws may be secured by revenues, assessments, ad valorem taxes,
13-23 impact fees, grants, or other funds of the district, or any
13-24 combination of those funds. The district also has all of those
13-25 powers granted to municipal management districts under Sections
14-1 375.092 and 375.111, Local Government Code, to provide any services
14-2 or for any project the district is authorized to acquire,
14-3 construct, or improve under this Act. The district may acquire any
14-4 interest in land in accordance with Chapter 54, Water Code. If any
14-5 provision of the referenced laws is in conflict with or is
14-6 inconsistent with this Act, this Act prevails. All laws or
14-7 provisions of laws referenced in the Act and subsequent amendments
14-8 of those laws are adopted and incorporated into this Act for all
14-9 purposes and may be used by the district independently of each
14-10 other.
14-11 (b) The district may finance the cost of any authorized
14-12 improvement project or services in the manner provided by any law
14-13 made applicable to the district. A petition under Section 375.114,
14-14 Local Government Code, is not required for the board to be
14-15 authorized to levy taxes, assessments, or impact fees to finance
14-16 services and improvement projects under this Act.
14-17 (c) If the district, in exercising a power conferred by this
14-18 Act, requires a relocation, adjustment, raising, lowering,
14-19 rerouting, or changing the grade of or altering the construction of
14-20 any street, alley, highway, overpass, underpass, road, railroad
14-21 track, bridge, facility, or property, electric line, conduit,
14-22 facility, or property, telephone or telegraph line, conduit,
14-23 facility, or property, gas transmission or distribution pipe,
14-24 pipeline, main, facility, or property, water, sanitary sewer or
14-25 storm sewer pipe, pipeline, main, facility, or property, cable
15-1 television line, cable, conduit, facility, or property, or other
15-2 pipeline or facility or property relating to the pipeline, that
15-3 relocation, adjustment, raising, lowering, rerouting, changing of
15-4 grade, or altering of construction must be accomplished at the sole
15-5 cost and expense of the district, and damages that are suffered by
15-6 owners of the property or facilities shall be borne by the
15-7 district.
15-8 (d) The district may not own or operate an airport.
15-9 (e) The board shall establish by resolution the number of
15-10 director signatures or the procedure required for all disbursements
15-11 or transfers of the district's money.
15-12 SECTION 7. TORT CLAIMS. The district is a unit of
15-13 government for purposes of Chapter 101, Civil Practice and Remedies
15-14 Code. The operations of the district are essential governmental
15-15 functions for all purposes and not proprietary functions.
15-16 SECTION 8. ANNEXATION AND EXCLUSION OF TERRITORY BY THE
15-17 DISTRICT. The district may annex land to and exclude land from the
15-18 district as provided by Chapter 54, Water Code. The district may
15-19 not annex land in a municipality's extraterritorial jurisdiction
15-20 unless the municipality consents to the annexation.
15-21 SECTION 9. MUNICIPAL ANNEXATION OF THE DISTRICT. A
15-22 municipality in whose extraterritorial jurisdiction the district is
15-23 located may annex all or part of the district, notwithstanding any
15-24 provision of Chapter 43, Local Government Code. Annexation does
15-25 not result in total or partial dissolution of the district or an
16-1 assumption by the annexing municipality of any of the district's
16-2 obligations or indebtedness. Creation of the district does not
16-3 affect the power of a municipality in whose extraterritorial
16-4 jurisdiction the district or part of the district lies to designate
16-5 all or part of the district as an industrial district or to limit a
16-6 power of the municipality conferred by Chapter 42, Local Government
16-7 Code. Creation of the district does not affect the power of a
16-8 municipality to provide municipal services to any area in the
16-9 municipality or its extraterritorial jurisdiction that is in the
16-10 district and such municipality shall have the same power to extend
16-11 or provide municipal services after the creation of the district as
16-12 it had before its creation. A municipal annexation of all or part
16-13 of the district has no effect on the validity of the district and
16-14 the district shall continue to exist and exercise the powers
16-15 granted by this Act.
16-16 SECTION 10. BONDS AND ASSESSMENTS. (a) The district may
16-17 issue bonds or other obligations payable in whole or in part from
16-18 ad valorem taxes, assessments, impact fees, revenues, grants, or
16-19 other funds of the district, or any combination of those funds, to
16-20 pay for any authorized purpose of the district. Bonds or other
16-21 obligations of the district may be issued in the form of bonds,
16-22 notes, certificates of participation, including other instruments
16-23 evidencing a proportionate interest in payments to be made by the
16-24 district, or other obligations that are issued in the exercise of
16-25 the district's borrowing power and may be issued in bearer or
17-1 registered form or not represented by an instrument but the
17-2 transfer of which is registered on books maintained by or on behalf
17-3 of the district. The board may levy and collect an assessment
17-4 under Subchapter F, Chapter 375, Local Government Code, for any
17-5 authorized purpose only if the assessment does not conflict with
17-6 other provisions of this Act.
17-7 (b) No approval of bonds issued by the district is required
17-8 other than the approval of the attorney general as provided by
17-9 Section 375.205, Local Government Code, and the approval of the
17-10 Texas Water Commission if the bonds are issued for a purpose that
17-11 Section 375.208, Local Government Code, requires to be approved by
17-12 the commission.
17-13 (c) Assessments or reassessments by the district, penalties
17-14 and interest on an assessment or reassessment, expenses of
17-15 collection, and reasonable attorney fees incurred by the district
17-16 are a first and prior lien against the property assessed, are
17-17 superior to any other lien or claim other than a lien or claim for
17-18 county, school district, or municipal ad valorem taxes, and are the
17-19 personal liability of and charge against the owners of the property
17-20 even if the owners are not named in the assessment proceedings.
17-21 The lien is effective from the date of the resolution of the board
17-22 levying the assessment until the assessment is paid. The board may
17-23 enforce the lien in the same manner that the board may enforce an
17-24 ad valorem tax lien against real property.
17-25 (d) Bonds payable from an ad valorem tax levied over the
18-1 entire district may not be issued in an amount in excess of the
18-2 greater of (1) $50 million, or (2) 10 percent of the assessed value
18-3 of taxable property within the entire district as shown on the most
18-4 recent certified tax rolls of the county central appraisal
18-5 district, unless the Texas Water Commission approves the bonds as
18-6 to feasibility, in which case, the limit on the amount of bonds to
18-7 be issued shall be that amount set by the Texas Water Commission.
18-8 This provision will not limit the authority of the district to
18-9 issue bonds which are not payable from ad valorem taxes levied over
18-10 the entire district.
18-11 SECTION 11. ELECTIONS. The district shall hold elections as
18-12 provided by Subchapter L, Chapter 375, Local Government Code. The
18-13 district shall also hold an election in the manner provided by that
18-14 subchapter for the purpose of obtaining voter approval for the
18-15 district to levy a maintenance tax or to issue bonds payable from
18-16 ad valorem taxes or assessments. The board may submit multiple
18-17 purposes in a single proposition at an election.
18-18 SECTION 12. IMPACT FEES. The district may impose an impact
18-19 fee for an authorized purpose as provided by Subchapter G, Chapter
18-20 375, Local Government Code. The district may not impose an impact
18-21 fee or assessment on a single-family residential property or a
18-22 residential duplex, triplex, quadruplex, or condominium.
18-23 SECTION 13. MAINTENANCE TAX. If authorized at an election
18-24 held in accordance with Section 11 of this Act, the district may
18-25 levy and collect an annual ad valorem tax on taxable property in
19-1 the district for maintenance, operation, and upkeep of the district
19-2 and the improvements constructed or acquired by the district and
19-3 the provision of services to industrial and commercial businesses
19-4 and residents and property owners. The board shall determine the
19-5 tax rate.
19-6 SECTION 14. DISSOLUTION OF THE DISTRICT. The district may
19-7 be dissolved as provided in Section 375.261 or 375.262, Local
19-8 Government Code. If the district is dissolved, the district shall
19-9 remain in existence solely for the limited purpose of discharging
19-10 its bonds or other obligations according to their terms.
19-11 SECTION 15. CONTRACTS FOR SECURITY SERVICES. To protect the
19-12 public interest, the district may contract with a private entity or
19-13 a municipality, county, or other political subdivision for services
19-14 for the security and protection of residents and property in the
19-15 district.
19-16 SECTION 16. COMPETITIVE BIDDING. The district shall
19-17 contract for services, improvements, or the purchase of materials,
19-18 machinery, equipment, supplies, or other property in excess of
19-19 $25,000 as provided by Section 375.221, Local Government Code, or
19-20 Subchapter I, Chapter 49, Water Code, as added by H.B. No. 1266,
19-21 Acts of the 73rd Legislature, Regular Session, 1993.
19-22 SECTION 17. NOTICE AND CONSENT. The legislature finds that:
19-23 (1) proper and legal notice of the intention to
19-24 introduce this Act, setting forth the general substance of this
19-25 Act, has been published as provided by law, and the notice and a
20-1 copy of this Act have been furnished to all persons, agencies,
20-2 officials, or entities to which they are required to be furnished
20-3 by the constitution and laws of this state, including the Governor
20-4 of Texas, who has submitted the notice and Act to the Texas Water
20-5 Commission;
20-6 (2) the Texas Water Commission has filed its
20-7 recommendations relating to this Act with the governor, lieutenant
20-8 governor, and speaker of the house of representatives within the
20-9 required time;
20-10 (3) the general law relating to consent by political
20-11 subdivisions to the creation of districts with conservation,
20-12 reclamation, and road powers and the inclusion of land in those
20-13 districts has been complied with; and
20-14 (4) all requirements of the constitution and laws of
20-15 this state and the rules and procedures of the legislature with
20-16 respect to the notice, introduction, and passage of this Act have
20-17 been fulfilled and accomplished.
20-18 SECTION 18. SEVERABILITY CLAUSE. The provisions of this Act
20-19 are severable, and if any provision or part of this Act or the
20-20 application thereof to any person or circumstance is held by a
20-21 court of competent jurisdiction to be invalid or unconstitutional
20-22 for any reason, the remainder of this Act and the application of
20-23 that provision or part of this Act to other persons or
20-24 circumstances is not affected.
20-25 SECTION 19. EMERGENCY. The importance of this legislation
21-1 and the crowded condition of the calendars in both houses create an
21-2 emergency and an imperative public necessity that the
21-3 constitutional rule requiring bills to be read on three several
21-4 days in each house be suspended, and this rule is hereby suspended.