By Parker S.B. No. 1326
Substitute the following for S.B. No. 1326:
By Bosse C.S.S.B. No. 1326
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 DECLARATION. (a) There is
1-7 created a special district to be known as the "Chambers County
1-8 Improvement District No. 1". The district is a governmental
1-9 agency, a body politic and corporate, and a political subdivision
1-10 of the 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 of and a part of the Christian Smith
3-22 League, Abstract No. 22, the Thomas Shepherd Survey, Abstract No.
3-23 229, the Chambers County School Land Survey, Abstract No. 321, the
3-24 Solomon Barrow Survey, Abstract No. 3, the John Steele Survey,
3-25 Abstract No. 227, the J. L. Hill Survey, Abstract No. 106, the J.
3-26 K. Allen Survey, Abstract No. 31, the J. C. Fisher Survey, Abstract
3-27 No. 31, the W. D. Smith League, Abstract No. 23 and the John Ijams
4-1 Survey, Abstract No. 15. This tract of land is more particularly
4-2 described 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 No.
4-5 321 and in the West line of the Solomon Barrow Survey, Abstract No.
4-6 3 and in the South right of way line of the Houston Lighting and
4-7 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 Tract
5-12 No. 89M said Troxell tract to the Southwest corner of said Troxell
5-13 tract in the 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 North 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
7-18 No. 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 way line of West Bay
8-18 Road (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 to be
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 to represent a
10-16 director district in the manner provided in Section 375.064, Local
10-17 Government Code, from a list of candidates recommended by the board
10-18 in the manner provided in Section 375.064, Local Government Code.
10-19 Directors serve staggered four-year terms. A vacancy in the office
10-20 of director shall be filled by the remaining directors for the
10-21 remainder of the unexpired term.
10-22 (c) On the effective date of this Act, the following persons
10-23 constitute the initial board of directors of the district and are
10-24 appointed for the terms prescribed by Subsection (d) of this
10-25 section to represent the following director district positions:
10-26 Director District Position Name of Director
10-27 1 Deborah S. Hsi
11-1 2 Kandy K. Gregory
11-2 3 Langston H. Wood
11-3 4 Joseph S. Antoline
11-4 5 Donald E. Simpson
11-5 6 Robert B. Brown, Jr.
11-6 7 Robert Douglas Gates
11-7 (d) The initial directors appointed for director district
11-8 positions 1-3 serve until May 1, 1995, and the initial directors
11-9 appointed for director district positions 4-7 serve until May 1,
11-10 1997.
11-11 (e) Each director appointed by the commissioners court of
11-12 Chambers County shall meet the qualifications for directors
11-13 provided by Section 375.063, Local Government Code, for the area
11-14 included within the boundaries of the director district which such
11-15 director represents and no person may be appointed as a director or
11-16 continue to serve as a director unless they satisfy the
11-17 requirements set forth in Section 375.063 for the area in the
11-18 director district such person is appointed to represent. Each
11-19 director shall qualify for office as required by Subchapter D,
11-20 Chapter 375, Local Government Code.
11-21 (f) The board is governed by Subchapter D, Chapter 375,
11-22 Local Government Code, to the extent that subchapter does not
11-23 conflict with this Act. Directors may vote on any matter
11-24 authorized by Subchapter D, Chapter 375, Local Government Code;
11-25 however, action may only be taken by the board if it is approved in
11-26 the manner prescribed by Subchapter D, Chapter 375, Local
11-27 Government Code.
12-1 (g) Each position on the board shall represent a separate
12-2 area of the district to be known as a director district. As soon
12-3 as possible after the effective date of this Act, the board shall
12-4 establish the boundaries of the director districts over areas in
12-5 the district that in the board's judgment provide a reasonable
12-6 balance in the board representation between acreage, value,
12-7 improvements, and interests of the property owners in the district.
12-8 All land in the district shall be in a director district. Director
12-9 districts may not overlap. The board from time to time may
12-10 establish new boundaries for one or more director district if it is
12-11 necessary to provide a reasonable balance in the board
12-12 representation between acreage, value, improvements, and interests
12-13 of the property owners in the district.
12-14 (h) Directors shall be compensated in the manner provided by
12-15 Section 54.114, Water Code.
12-16 SECTION 6. GENERAL POWERS. (a) The district has all of the
12-17 rights, powers, privileges, and authority conferred by the general
12-18 law of this state applicable to districts created under Chapter
12-19 375, Local Government Code; Chapter 54, Water Code; Chapter 13,
12-20 Acts of the 68th Legislature, 2nd Called Session, 1984 (Article
12-21 6674r-1, Vernon's Texas Civil Statutes); and Chapter 623, Acts of
12-22 the 67th Legislature, Regular Session, 1981 (Article 6550c,
12-23 Vernon's Texas Civil Statutes). The district shall also has the
12-24 rights, powers, privileges, and authority granted to districts by
12-25 Subchapters E and M, Chapter 60, Water Code, and Section 61.116,
12-26 Water Code. Bonds or other obligations issued under any of those
12-27 laws may be secured by revenues, assessments, ad valorem taxes,
13-1 impact fees, grants, or other funds of the district, or any
13-2 combination of those funds. The district also has all of those
13-3 powers granted to municipal management districts under Sections
13-4 375.092 and 375.111, Local Government Code, to provide any services
13-5 or for any project the district is authorized to acquire,
13-6 construct, or improve under this Act. The district may acquire any
13-7 interest in land in accordance with Chapter 54, Water Code. If any
13-8 provision of the referenced laws is in conflict with or is
13-9 inconsistent with the provisions of this Act, this Act prevails.
13-10 All laws or provisions of laws referenced in the Act and subsequent
13-11 amendments of those laws are adopted and incorporated into this Act
13-12 for all purposes and may be used by the district independently of
13-13 each other.
13-14 (b) The district may finance the cost of any authorized
13-15 improvement project or services in the manner provided by any law
13-16 made applicable to the district. A petition under Section 375.114,
13-17 Local Government Code, is not required for the board to be
13-18 authorized to levy taxes, assessments, or impact fees to finance
13-19 services and improvement projects under this Act.
13-20 (c) If the district, in exercising a power conferred by this
13-21 Act, requires a relocation, adjustment, raising, lowering,
13-22 rerouting, or changing the grade of or altering the construction of
13-23 any street, alley, highway, overpass, underpass, road, railroad
13-24 track, bridge, facility or property, electric line, conduit,
13-25 facility or property, telephone or telegraph line, conduit,
13-26 facility or property, gas transmission or distribution pipe,
13-27 pipeline, main, facility or property, water, sanitary sewer or
14-1 storm sewer pipe, pipeline, main, facility or property, cable
14-2 television line, cable, conduit, facility or property, or other
14-3 pipeline or facility or property relating to the pipeline, that
14-4 relocation, adjustment, raising, lowering, rerouting, changing of
14-5 grade, or altering of construction must be accomplished at the sole
14-6 cost and expense of the district, and damages that are suffered by
14-7 the owners of the property or facilities shall be borne by the
14-8 district.
14-9 (d) The district may not own or operate an airport.
14-10 (e) The board shall establish by resolution the number of
14-11 director signatures or the procedure required for all disbursements
14-12 or transfers of the district's money.
14-13 SECTION 7. TORT CLAIMS. The district is a unit of
14-14 government for purposes of Chapter 101, Civil Practice and Remedies
14-15 Code. The operations of the district are essential governmental
14-16 functions for all purposes, and not proprietary functions.
14-17 SECTION 8. ANNEXATION AND EXCLUSION OF TERRITORY BY THE
14-18 DISTRICT. The district may annex land to and exclude land from the
14-19 district as provided by Chapter 54, Water Code. The district may
14-20 not annex land in a municipality's extraterritorial jurisdiction
14-21 unless the municipality consents to the annexation.
14-22 SECTION 9. MUNICIPAL ANNEXATION OF THE DISTRICT. A
14-23 municipality in whose extraterritorial jurisdiction the district is
14-24 located may annex all or part of the district, notwithstanding any
14-25 provision of Chapter 43, Local Government Code. Annexation does
14-26 not result in total or partial dissolution of the district or an
14-27 assumption by the annexing municipality of any of the district's
15-1 obligations or indebtedness. Creation of the district does not
15-2 affect the power of a municipality in whose extraterritorial
15-3 jurisdiction the district or part of the district lies to designate
15-4 all or part of the district as an industrial district or to limit a
15-5 power of the municipality conferred by Chapter 42, Local Government
15-6 Code. Creation of the district does not affect the power of a
15-7 municipality to provide municipal services to any area in the
15-8 municipality or its extraterritorial jurisdiction that is in the
15-9 district and such municipality shall have the same power to extend
15-10 or provide municipal services after the creation of the district as
15-11 it had before its creation. A municipal annexation of all or part
15-12 of the district shall continue to exist and exercise the powers
15-13 granted by this Act.
15-14 SECTION 10. BONDS AND ASSESSMENTS. (a) The district may
15-15 issue bonds or other obligations payable in whole or in part from
15-16 ad valorem taxes, assessments, impact fees, revenues, grants, or
15-17 other funds of the district, or any combination of those funds, to
15-18 pay for any authorized purpose of the district. Bonds or other
15-19 obligations of the district may be issued in the form of bonds,
15-20 notes, certificates of participation, including other instruments
15-21 evidencing a proportionate interest in payments to be made by the
15-22 district, or other obligations that are issued in the exercise of
15-23 the district's borrowing power and may be issued in bearer or
15-24 registered form or not represented by an instrument but the
15-25 transfer of which is registered on books maintained by or on behalf
15-26 of the district. The board may levy and collect an assessment
15-27 under Subchapter F, Chapter 375, Local Government Code, for any
16-1 authorized purpose only if the assessment does not conflict with
16-2 other provisions of this Act.
16-3 (b) No approval of bonds issued by the district is required
16-4 other than the approval of the attorney general as provided by
16-5 Section 375.205, Local Government Code, and the approval of the
16-6 Texas Water Commission if the bonds are issued for a purpose that
16-7 Section 375.208, Local Government Code, requires to be approved by
16-8 the commission.
16-9 (c) Assessments or reassessments by the district, penalties
16-10 and interest on the assessments or reassessment, expenses of
16-11 collection, and reasonable attorney's fees incurred by the district
16-12 are a first and prior lien against the property assessed, are
16-13 superior to any other lien against the property assessed, are
16-14 superior to any other lien or claim other than a lien or claim for
16-15 county, school district, or municipal ad valorem taxes, and are the
16-16 personal liability of and charge against the owners of the property
16-17 even if the owners are not named in the assessment proceedings.
16-18 The lien is effective from the date of the resolution of the board
16-19 levying the assessment until the assessment is paid. The board may
16-20 enforce the lien in the same manner that the board may enforce an
16-21 ad valorem tax lien against real property.
16-22 (d) Bonds payable from an ad valorem tax levied over the
16-23 entire district may not be issued in an amount in excess of the
16-24 greater of (1) $50,000,000, or (2) 10% of the assessed value of
16-25 taxable property within the entire district as shown on the most
16-26 recent certified tax rolls of the county central appraisal
16-27 district, unless the Texas Water Commission approves the bonds as
17-1 to feasibility, in which case, the limit on the amount of bonds to
17-2 be issued shall be that amount set by the Texas Water Commission.
17-3 This provision will not limit the authority of the district to
17-4 issue bonds which are not payable from ad valorem taxes levied over
17-5 the entire district.
17-6 SECTION 11. ELECTIONS. The district shall hold elections as
17-7 provided by Subchapter L, Chapter 375, Local Government Code. The
17-8 district shall also hold elections in the manner provided by that
17-9 subchapter for the purpose of obtaining voter approval for the
17-10 district to levy a maintenance tax or to issue bonds payable from
17-11 ad valorem taxes or assessments. The board may submit multiple
17-12 purposes in a single proposition at an election.
17-13 SECTION 12. IMPACT FEES. The district may impose an impact
17-14 fee for an authorized purpose as provided by Subchapter G, Chapter
17-15 375, Local Government Code. The district may not impose an impact
17-16 fee or assessment on a single-family residential property or a
17-17 residential duplex, triplex, quadruplex, or condominium.
17-18 SECTION 13. MAINTENANCE TAX. If authorized at an election
17-19 held in accordance with Section 11 of this Act, the district may
17-20 levy and collect an ad valorem tax on taxable property in the
17-21 district for maintenance, operation, and upkeep of the district and
17-22 the improvements constructed or acquired by the district and the
17-23 improvements constructed or acquired by the district and the
17-24 provision of services to industrial and commercial businesses and
17-25 residents and property owners. The board shall determine the tax
17-26 rate.
17-27 SECTION 14. DISSOLUTION OF THE DISTRICT. The district may
18-1 be dissolved as provided in either Section 375.261 or Section
18-2 375.262, Local Government Code. If the district is dissolved, the
18-3 district shall remain in existence solely for the limited purpose
18-4 of discharging its bonds or other obligations according to their
18-5 terms.
18-6 SECTION 15. CONTRACTS FOR SECURITY SERVICES. To protect the
18-7 public interest, the district may contract with a private entity or
18-8 a municipality, county, or other political subdivision for services
18-9 for the security and protection of residents and property in the
18-10 district.
18-11 SECTION 16. COMPETITIVE BIDDING. The district shall
18-12 contract for services, improvements, or the purchase of materials,
18-13 machinery, equipment, supplies, or other property in excess of
18-14 $25,000 as provided by Section 375.221, Local Government Code, or
18-15 Subchapter I, H.B. No. 1266, Acts of the 73rd Legislature, Regular
18-16 Session, 1993.
18-17 SECTION 17. NOTICE AND CONSENT. The legislature finds that:
18-18 (1) proper and legal notice of the intention to
18-19 introduce this Act, setting forth the general substance of this
18-20 Act, has been published as provided by law, and the notice and a
18-21 copy of this Act have been furnished to all persons, agencies,
18-22 officials, or entities to which they are required to be furnished
18-23 by the constitution and laws of this state, including the governor
18-24 of Texas, who has submitted the notice and Act to the Texas Water
18-25 Commission;
18-26 (2) the Texas Water Commission has filed its
18-27 recommendations relating to this Act with the governor, lieutenant
19-1 governor, and speaker of the house of representatives within the
19-2 required time;
19-3 (3) the general law relating to consent by political
19-4 subdivisions to the creation of districts with conservation,
19-5 reclamation, and road powers and the inclusion of land in those
19-6 districts has been complied with; and
19-7 (4) all requirements of the constitution and laws of
19-8 this state and the rules and procedures of the legislature with
19-9 respect to the notice, introduction and passage of this Act have
19-10 been fulfilled and accomplished.
19-11 SECTION 18. SEVERABILITY CLAUSE. The provisions of this Act
19-12 are severable, and if any provision or part of this Act or the
19-13 application thereof to any person or circumstance is held by a
19-14 court of competent jurisdiction to be invalid or unconstitutional
19-15 for any reason, the remainder of this Act and the application of
19-16 that provision or part of this Act to other persons or
19-17 circumstances shall not be affected thereby.
19-18 SECTION 19. The importance of this legislation and the
19-19 crowded condition of the calendars in both houses create an
19-20 emergency and an imperative public necessity that the
19-21 constitutional rule requiring bills to be read on three several
19-22 days in each house be suspended, and this rule is hereby suspended.