By: Parker S.B. No. 1326
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation, administration, powers, and authority of
1-2 the Chambers County Improvement District No. 1.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. CREATION; LEGISLATIVE DECLARATION. (a) There is
1-5 created and established a special district to be known as the
1-6 "Chambers County Improvement District No. 1" that is a governmental
1-7 agency, a body politic and corporate, and a political subdivision
1-8 of the state.
1-9 (b) The name of the district may be changed by resolution of
1-10 the board of directors of the district at any time so long as the
1-11 name is descriptive of the location and the principal powers of the
1-12 district.
1-13 (c) The creation of the district is declared to be essential
1-14 to the accomplishment of the purposes of Article III, Section 52,
1-15 Article XVI, Section 59, and Article III, Section 52-a, of the
1-16 Texas Constitution and to the accomplishment of the other purposes
1-17 stated in this Act.
1-18 (d) The legislature finds, determines, and declares that the
1-19 creation of the district is necessary to diversify the economy of
1-20 the state, promote, develop, expand, encourage, and maintain
1-21 employment, commerce, economic development, and the public welfare,
1-22 to promote the control, treatment, storage, and distribution of
1-23 water, and the protection, preservation and restoration of the
2-1 sanitary conditions of water, to promote the transportation of
2-2 agricultural, industrial and commercial products, to promote the
2-3 health, safety, and general welfare of property owners, residents,
2-4 employers, and employees, in the district, and the general public,
2-5 to promote the improvement of rivers, bays, creeks, streams, and
2-6 canals to permit or to aid navigation and commerce, and to promote
2-7 the construction, maintenance and operation of streets, roads,
2-8 highways, turnpikes and railroads in the greater Cedar Crossing
2-9 area of Chambers County. The district will provide needed funding
2-10 in the greater Cedar Crossing area to preserve, maintain, and
2-11 enhance the economic health and vitality of the area as a community
2-12 and a business and industrial center. The district will not act as
2-13 the agent or instrumentality of any private interests even though
2-14 many private interests will be benefited by the district, as will
2-15 the general public. The legislature further finds and determines
2-16 and intends that by creating the district it has established a
2-17 program to accomplish the public purposes set out in Article III,
2-18 Section 52-a, Texas Constitution.
2-19 (e) The legislature finds that all of the land and other
2-20 property included within the boundaries of the district will be
2-21 benefited by the improvements and services to be provided by the
2-22 district under powers conferred by Article III, Section 52, Article
2-23 XVI, Section 59 and Article III, Section 52-a of the Texas
2-24 Constitution, and other powers granted under this Act, and that the
2-25 district is created to serve a public use and benefit.
3-1 (f) This Act shall be liberally construed in conformance
3-2 with the legislative findings and purposes stated in this Act.
3-3 SECTION 2. DEFINITION. In this Act, "district" means
3-4 Chambers County Improvement District No. 1.
3-5 SECTION 3. BOUNDARIES. The district shall include all of
3-6 the territory contained within the following described area:
3-7 BEING approximately 13,900 acres of land situated in
3-8 Chambers County, Texas, and being out and a part of Christian Smith
3-9 League, Abstract No. 22, the Thomas Shepherd Survey, Abstract No.
3-10 229, the Chambers County School Land Survey, Abstract No. 321, the
3-11 Solomon Barrow Survey, Abstract No. 3, the John Steele Survey,
3-12 Abstract No. 227, the J. L. Hill Survey, Abstract No. 106, the J.
3-13 K. Allen Survey, Abstract No. 31, the J. C. Fisher Survey, Abstract
3-14 No. 31, the W. D. Smith League, Abstract No. 23 and the John Ijams
3-15 Survey, Abstract No. 15. This tract of land is more particularly
3-16 described by metes and bounds as follows, to-wit:
3-17 BEGINNING at the Northeast corner of Tract No. 199-B, in the
3-18 East line of the Chambers County School Land Survey, Abstract No.
3-19 321 and in the West line of the Solomon Barrow Survey, Abstract No.
3-20 3 and in the South right of way line of the Houston Lighting and
3-21 Power Co. discharge canal right of way.
3-22 THENCE in a Southerly direction with the East line of this
3-23 tract, the East line of the Chambers County School Land Survey and
3-24 the West line of the Solomon Barrow Survey to the Northwest corner
3-25 of Tract No. 100-A.
4-1 THENCE in an Easterly and Southerly direction with the North
4-2 and East lines of Tract No. 100-A to a point at the intersection of
4-3 the North line of Tract No. 100-A with the East right of way line
4-4 of F. M. Highway No. 2354.
4-5 THENCE in a Southerly direction with the East right of way
4-6 line of F. M. Highway No. 2354 to the intersection of the South
4-7 right of way line of Fisher Road (Rice Farm Road) with the East
4-8 right of way line of F. M. Highway No. 2354.
4-9 THENCE in a Westerly direction with the South right of way
4-10 line of Fisher Road to the most Northern Northeast corner of Tract
4-11 No. 89.
4-12 THENCE in a Southerly and Easterly direction with the East
4-13 and North lines of Tract No. 89 to the Northwest corner of a 4.00
4-14 acre tract of land conveyed to Chambers County.
4-15 THENCE in a Southerly and Easterly direction with the West
4-16 and South lines of the Chambers County 4.00 acre tract to the
4-17 intersection of the projection of the South line of the Chambers
4-18 County 4.00 acre tract with the East right of way line of F. M.
4-19 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 a point at the intersection of
4-22 the East right of way line of F. M. Highway No. 2354 with the South
4-23 line, as extended, of Tract No. 89B.
4-24 THENCE in a Westerly direction with the South line of Tract
4-25 No. 89B to the Southwest corner of Tract No. 89B in the East line
5-1 of Tract No. 89M.
5-2 THENCE in a Southerly direction with the East line of Tract
5-3 No. 89M to the Southeast corner of Tract No. 89M in the North line
5-4 of Tract No. 125.
5-5 THENCE in a Westerly direction with the South line of Tract
5-6 No. 89M and the North line of Tract No. 125 to the Northwest corner
5-7 of Tract No. 125.
5-8 THENCE in a Southerly direction with the West line of Tract
5-9 No. 125 to the Southwest corner of Tract No. 125.
5-10 THENCE in an Easterly direction with the South line of Tract
5-11 No. 125 and its extension to the intersection of with this line
5-12 with the East right of way line of F. M. Highway No. 2354.
5-13 THENCE in a Southerly direction with the East right of way
5-14 line of F. M. Highway No. 2354 to a point at the intersection of
5-15 the extension of the South line of Tract No. 4-D with the East
5-16 right of way line of F. M. Highway No. 2354.
5-17 THENCE in a Westerly direction with the South line of Tract
5-18 No. 4-D to the most Northern Northeast corner of Tract No. 10-B.
5-19 THENCE in a Southerly direction with the East and Northerly
5-20 lines of Tract No. 10-5 to a point at the intersection of the North
5-21 line of Tract No. 10-B, as extended, with the East right of way
5-22 line of F. M. Highway No. 2354.
5-23 THENCE in a Southwesterly direction with the East and South
5-24 right of way line of F.M. Highway No. 2354 to the intersection with
5-25 the East right of way line of Live Oak Drive.
6-1 THENCE in a Southwesterly direction with the East and South
6-2 right of way line of Live Oak Drive to the intersection of the
6-3 extended East line of the Exxon USA 4.987 acre tract with the South
6-4 right of way line of Live Oak Drive.
6-5 THENCE in a Westerly direction with the East, North and West
6-6 lines of said Exxon tract to the southwest corner of said Exxon
6-7 tract being a corner of Jones and Laughlin Tract No. 3.
6-8 THENCE in a Westerly direction with the South and West lines
6-9 of said Tract No. 3 and the shore line of Galveston Bay and San
6-10 Jacinto Bay and the West line of Tract No. 43 to the Southeast or
6-11 East shore line of Cedar Bayou.
6-12 THENCE in a Northwesterly direction with the shore line of
6-13 Cedar Bayou and the West line of Tracts No. 43, Atlantic Pipeline
6-14 14.3427 acre and 43A to the Southwest corner of the Maurice Hirsch
6-15 so-called 40.28 acre tract.
6-16 THENCE in a Easterly direction with the South line of the
6-17 Hirsch tract and the North line of Tract No. 43A to a point in the
6-18 East right of way line of Tri-City Beach Road at the extension of
6-19 the North line of Tract No. 43A.
6-20 THENCE in a Southerly direction with the East line of
6-21 Tri-City Beach Road to the West right of way line of F. M. Highway
6-22 No. 1405.
6-23 THENCE in a Northerly direction with the West right of way
6-24 line of F. M. Highway No. 1405 to the Northeast corner of Tract No.
6-25 37.
7-1 THENCE in a Westerly direction with the North line of Tract
7-2 No. 37 to the centerline of Cedar Bayou, being the County Line
7-3 between Chambers and Harris Counties.
7-4 THENCE in a Northerly direction with the centerline of Cedar
7-5 Bayou and said County Line to a point at the intersection of the
7-6 centerline of Cedar Bayou with the South line of the Warrior and
7-7 Gulf 15.00 acre tract.
7-8 THENCE in an Easterly, Northerly, Westerly and Southerly
7-9 direction with the lines of the Warrior Gulf 15 acre tract and the
7-10 Hoesch Tubular Products Company lines to a point at the
7-11 intersection of the West line of Hoesch 25 acre tract, extended,
7-12 with the centerline of Cedar Bayou and said County Line.
7-13 THENCE in a Northerly direction with the centerline of Cedar
7-14 Bayou to the intersection of the centerline of Cedar Bayou with the
7-15 extension of the South line of Johnnie and Rosemary Jennings
7-16 property.
7-17 THENCE in a Easterly, Northerly and Westerly direction around
7-18 the Jennings property to the intersection of the North line of the
7-19 Jennings property extended with the centerline of Cedar Bayou and
7-20 said County Line.
7-21 THENCE in a Northerly direction with the centerline of Cedar
7-22 Bayou to the intersection of the centerline of Cedar Bayou with the
7-23 South line, extended, of a Tract conveyed to McDonugh Company.
7-24 THENCE in an Easterly direction with the South line of the
7-25 McDonugh Company tract to a point for the Southeast corner of the
8-1 Light Company tract in the West right of line of West Bay Road (Old
8-2 F. M. Highway No. 1405).
8-3 THENCE in a Northerly direction with the West right of way
8-4 line of West Bay Road to a point at the intersection of the South
8-5 line, extended, of Tract No. 35-X.
8-6 THENCE in a Easterly direction with the South line of Tract
8-7 No. 35-X to the Northeast corner of Tract No. 35-X and in the West
8-8 right of way line of Houston Lighting and Power Company 330 foot
8-9 right of way and in the West line of Tract No. 5-D.
8-10 THENCE in a Northerly direction with the West line of Tract
8-11 No. 5-D and the West line of said 330 foot right of way to a point
8-12 in the North right of way line of West Bay Road.
8-13 THENCE in an Easterly direction with the North right of way
8-14 line of West Bay Road to a point for a corner of Tract No. 5-D
8-15 being in the East right of way line of the old right of way for
8-16 West Bay Road.
8-17 THENCE in an Easterly direction with the North line of Tract
8-18 No. 5-D to the intersection with the South right of way line of the
8-19 Houston Lighting and Power Company Discharge Canal.
8-20 THENCE in an Easterly direction with the South right of way
8-21 line of the Light Company Discharge Canal to the Northwest corner
8-22 of a 21.2152 acre tract of land conveyed to Houston Lighting and
8-23 Power Company.
8-24 THENCE in a Southerly direction with the West line of said
8-25 21.2152 acre tract to the Southwest corner of said 21.2152 acre
9-1 tract of land.
9-2 THENCE in an Easterly direction with the South line of said
9-3 21.2152 acre tract to the Southeast corner of said 21.2152 acre
9-4 tract of land in the West line of the Coastal Water Authority 5.115
9-5 acre tract of land.
9-6 THENCE in a Southerly, Easterly and Northerly direction
9-7 around said Coastal Water Authority 5.115 acre tract to a point for
9-8 the Northeast corner of said 5.1115 acre tract in the South right
9-9 of way line of the Houston Lighting and Power Company Discharge
9-10 Canal right of way.
9-11 THENCE in an Easterly direction with the South line of the
9-12 Light Company Discharge Canal right of way to the PLACE OF
9-13 BEGINNING, containing within said boundaries approximately 13,900
9-14 acres of land.
9-15 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
9-16 finds that the boundaries and field notes of the district form a
9-17 closure. If a mistake is made in the field notes or in copying the
9-18 field notes in the legislative process, it in no way affects the
9-19 organization, existence, and validity of the district, the right of
9-20 the district to issue any type of bonds or to issue or enter into
9-21 other types of obligations for the purposes for which the district
9-22 is created or the right of the district to levy and collect
9-23 assessments or taxes, or in any other manner affects the legality
9-24 or operation of the district or its governing body.
9-25 SECTION 5. BOARD OF DIRECTORS. (a) The district is to be
10-1 governed by a board of seven (7) directors.
10-2 (b) Except for the initial directors, each director shall be
10-3 appointed by the Commissioners Court of Chambers County to
10-4 represent a director district in the manner provided in Section
10-5 375.064, Local Government Code, from a list of candidates
10-6 recommended by the board in the manner provided in Section 375.064,
10-7 Local Government Code. Each director so appointed shall serve a
10-8 term of office of four years, and until his or her successor is
10-9 appointed and has qualified. Appointments to fill an unexpired
10-10 term shall be made by the remaining directors.
10-11 (c) At the time this Act takes effect, the following persons
10-12 shall constitute the initial board of directors of the district and
10-13 are hereby appointed for the terms prescribed by subsection (d) of
10-14 this section to represent the following director district:
10-15 Director District Position Name of Director
10-16 1 Deborah S. Hsi
10-17 2 Kandy K. Gregory
10-18 3 Langston H. Wood
10-19 4 Joseph S. Antoline
10-20 5 Donald E. Simpson
10-21 6 Robert B. Brown, Jr.
10-22 7 Robert Douglas Gates
10-23 (d) Of the initial directors, the directors appointed for
10-24 director district positions 1 through 3 shall serve until May 1,
10-25 1995, and the directors appointed for director district positions 4
11-1 through 7 shall serve until May 1, 1997.
11-2 (e) Each director appointed by the Commissioners Court of
11-3 Chambers County shall meet the qualifications set forth in Section
11-4 375.063, Local Government Code, for the area included within the
11-5 boundaries of the director district which such director represents
11-6 and no person may be appointed as a director or continue to serve
11-7 as a director unless they satisfy the requirements set forth in
11-8 Section 375.063 for the area in the director district such person
11-9 is appointed to represent. Each director shall qualify for office
11-10 as provided in Subchapter D, Chapter 375, Local Government Code.
11-11 (f) The board shall be governed by the terms and conditions
11-12 set forth in Chapter 375, Subchapter D, Local Government Code, to
11-13 the extent such provisions do not conflict with the provisions of
11-14 this Act. Directors may vote on any issue if permitted by
11-15 Subchapter D of Chapter 375, Local Government Code; however, action
11-16 may only be taken by the board if it is approved in the manner
11-17 prescribed by Subchapter D of Chapter 375, Local Government Code.
11-18 (g) Each position on the board shall represent a separate
11-19 area of the district to be known as a director district. As soon
11-20 as possible after this Act takes effect, it shall be the duty of
11-21 the board to establish the boundaries of each director district
11-22 over the area within the district which in the board's judgment
11-23 provides a reasonable balance in the board representation between
11-24 acreage, value, improvements and interests of the property owners
11-25 within the district. All of the land in the district shall be in
12-1 one of the director districts. Director districts may not overlap.
12-2 The board from time to time may establish new boundaries for the
12-3 director districts if it deems it necessary to provide a reasonable
12-4 balance in the board representation between acreage, value,
12-5 improvements and interests of the property owners within the
12-6 district.
12-7 (h) Directors shall be compensated in the manner provided by
12-8 Section 54.114, Water Code.
12-9 SECTION 6. GENERAL POWERS. (a) The district shall have all
12-10 of the rights, powers, privileges, and authority conferred by the
12-11 general law of this state applicable to districts created under
12-12 Chapter 375, Local Government Code; Chapter 54, Water Code; Title
12-13 116, Article 6674r-1, Revised Civil Statutes Annotated; and Title
12-14 112, Article 6550c, Revised Civil Statutes Annotated. The district
12-15 shall also have the rights, powers, privileges, and authority
12-16 granted to districts by Chapter 60, Subchapters E and M, Water
12-17 Code, and Section 61.116, Water Code; provided, however, bonds or
12-18 other obligations issued pursuant to any of the foregoing may be
12-19 secured by revenues, assessments, ad valorem taxes, impact fees,
12-20 grants or other funds of the district, or any combination thereof.
12-21 The district shall also have all of those powers granted to
12-22 municipal management districts under Sections 375.092 and 375.111,
12-23 Local Government Code, to provide any services or for any project
12-24 the district is authorized to acquire, construct, or improve
12-25 pursuant to this Act. The district may acquire any interest in
13-1 land in accordance with Chapter 54, Water Code. If any provision
13-2 of the referenced laws is in conflict with or is inconsistent with
13-3 the provisions of this Act, this Act prevails. All laws or
13-4 provisions of a law referenced herein are adopted and incorporated
13-5 into this act for all purposes and may be used by the district
13-6 independently of each other. Each law and provision of law
13-7 referenced herein is adopted and incorporated into this Act as it
13-8 is amended from time to time by the legislature.
13-9 (b) The district may finance the cost of any authorized
13-10 improvement project or services in the manner set forth in any of
13-11 the laws made applicable to the district, including Chapter 375,
13-12 Subchapter F, Local Government Code, and Chapter 54, Subchapter J,
13-13 Water Code. No petition shall be required for the board to be
13-14 authorized to levy taxes, assessments, or impact fees to finance
13-15 services and improvement projects pursuant to this act as otherwise
13-16 provided in Section 375.114, Local Government Code.
13-17 (c) If the district, in exercising any of the powers
13-18 conferred by this Act, requires a relocation, adjustment, raising,
13-19 lowering, rerouting, or changing the grade of or altering the
13-20 construction of any street, alley, highway, overpass, underpass, or
13-21 road, any railroad track, bridge, or other facilities or property,
13-22 any electric lines, conduits, or other facilities or property, any
13-23 telephone or telegraph lines, conduits or other facilities or
13-24 property, any gas transmission or distribution pipes, pipelines,
13-25 mains, or other facilities or property, any water, sanitary sewer
14-1 or storm sewer pipes, pipelines, mains, or other facilities or
14-2 property, any cable television lines, cables, conduits, or other
14-3 facilities or property, or any other pipelines and any facilities
14-4 or properties relating to those pipelines, those relocations,
14-5 adjustments, raising, lowering, rerouting, or changing of grade, or
14-6 altering of construction must be accomplished at the sole cost and
14-7 expense of the district, and damages that are suffered by the
14-8 owners of the property or facilities shall be borne by the
14-9 district.
14-10 SECTION 7. TORT CLAIMS. The district is a unit of
14-11 government for purposes of Chapter 101, Civil Practice and Remedies
14-12 Code (Texas Tort Claims Act) and the operations of the district are
14-13 considered essential governmental functions and not proprietary
14-14 functions for all purposes, including the application of the Texas
14-15 Tort Claims Act.
14-16 SECTION 8. ANNEXATION AND EXCLUSION OF TERRITORY BY THE
14-17 DISTRICT. The district may annex land to and exclude land from the
14-18 district in the manner provided by Chapter 54, Water Code. Land
14-19 may not be annexed to the district unless the municipality in whose
14-20 extraterritorial jurisdiction (as defined in Section 42.021, Local
14-21 Government Code) the land lies consents of the annexation.
14-22 SECTION 9. MUNICIPAL ANNEXATION OF THE DISTRICT. A
14-23 municipality in whose extraterritorial jurisdiction the district
14-24 lies may annex the district in whole or in part, notwithstanding
14-25 any provision of Chapter 43, Local Government Code, and such
15-1 annexation shall not result in total or partial dissolution of the
15-2 district or an assumption by the annexing municipality of any of
15-3 the district's obligations or indebtedness. Creation of the
15-4 district shall not affect the power of any municipality, in whose
15-5 extraterritorial jurisdiction the district or part of the district
15-6 lies, to designate all or part of the district as an industrial
15-7 district or in any way limit the powers of said municipality
15-8 conferred by virtue of Chapter 42 of the Local Government Code.
15-9 Creation of the district shall not affect the power of any
15-10 municipality to provide municipal services to any area within the
15-11 municipality or its extraterritorial jurisdiction which is within
15-12 the district and such municipality shall have the same power to
15-13 extend or provide municipal services after the creation of the
15-14 district as it had before its creation. Any municipal annexation
15-15 of the district, in whole or in part, shall have no effect on the
15-16 validity of the district and the district shall continue to exist
15-17 and exercise the powers granted in this Act.
15-18 SECTION 10. BONDS AND ASSESSMENTS. (a) The district may
15-19 issue bonds payable in whole or in part from ad valorem taxes,
15-20 assessments, impact fees, revenues, grants, or other funds of the
15-21 district, or any combination thereof, to pay for any purpose of the
15-22 district authorized by this Act. The board may levy and collect
15-23 assessments pursuant to the terms and conditions of Chapter 375,
15-24 Subchapter F, Local Government Code, for any authorized purpose to
15-25 the extent they do not conflict with other provisions of this Act.
16-1 (b) No approval of bonds issued by the District shall be
16-2 required other than that of the Attorney General in accordance with
16-3 the provisions of 375.205, Local Government Code, and that of the
16-4 Texas Water Commission if the bonds are issued for a purpose which
16-5 requires such approval by Section 375.208, Local Government Code.
16-6 (c) Assessments or reassessments by the district, penalties
16-7 and interest thereon, expenses of collection, and reasonable
16-8 attorneys fees, if incurred, are a first and prior lien against the
16-9 property assessed, superior to all other liens and claims except
16-10 liens or claims for state, county, school district or municipality
16-11 ad valorem taxes, and are a personal liability of and charge
16-12 against the owners of the property regardless of whether the owners
16-13 are named in the assessment proceedings. The lien is effective
16-14 from the date of the resolution of the board levying the assessment
16-15 until the assessment is paid and may be enforced by the board in
16-16 the same manner that an ad valorem tax lien against real property
16-17 may be enforced by the board.
16-18 SECTION 11. ELECTIONS. The district shall hold elections in
16-19 the manner provided by Chapter 375, Subchapter L, Local Government
16-20 Code. The district shall also hold elections in the manner
16-21 provided above for the purpose of obtaining voter approval of the
16-22 authority of the district to levy a maintenance tax and to issue
16-23 bonds payable from ad valorem taxes or assessments. The board may
16-24 submit multiple purposes in a single proposition at an election.
16-25 SECTION 12. IMPACT FEES. The district may impose impact
17-1 fees as provided by Chapter 375, Subchapter G, Local Government
17-2 Code for any authorized purpose. Because the district is created
17-3 in an area that is devoted primarily to industrial, commercial and
17-4 business activity, the district may not impose an impact fee or
17-5 assessment on a single family residential property, or any
17-6 residential duplex, triplex, quadruplex, or condominium.
17-7 SECTION 13. MAINTENANCE TAX. If authorized at an election
17-8 held in accordance with Section 11, the district may levy and
17-9 collect for maintenance, operation, and upkeep of the district and
17-10 the improvements constructed or acquired by the district and the
17-11 provision of services to industrial and commercial businesses and
17-12 residents and property owners an annual ad valorem tax on all
17-13 property inside the district based on the value of property inside
17-14 the district at such rate as the board may determine.
17-15 SECTION 14. DISSOLUTION OF THE DISTRICT. The district may
17-16 be dissolved as provided in either Section 375.261 or Section
17-17 375.262, Local Government Code. If the district is dissolved as
17-18 set forth in this Act, the district shall remain in existence
17-19 solely for the limited purpose of discharging its bonds or other
17-20 obligations in accordance with their terms.
17-21 SECTION 15. CONTRACTS FOR SECURITY SERVICES. To protect the
17-22 public interest, the district may contract with a private entity or
17-23 a municipality, county or other political subdivision for the
17-24 provision of services for the security and protection of residents
17-25 and property in the district.
18-1 SECTION 16. COMPETITIVE BIDDING. The district shall
18-2 contract for services, improvements or the purchase of materials,
18-3 machinery, equipment, supplies, and other property as provided by
18-4 Section 375.221, Local Government Code.
18-5 SECTION 17. NOTICE AND CONSENT. The legislature finds that
18-6 proper and legal notice of the intention to introduce this Act,
18-7 setting forth the general substance of this Act, has been published
18-8 as provided by law, and the notice and a copy of this Act have been
18-9 furnished to all persons, agencies, officials, or entities to which
18-10 they are required to be furnished by the constitution and laws of
18-11 this state, including the governor of Texas, who has submitted the
18-12 notice and Act to the Texas Water Commission. The legislature also
18-13 finds that the Texas Water Commission has filed its recommendations
18-14 relating to this Act with the governor, lieutenant governor, and
18-15 speaker of the house of representatives within the required time.
18-16 The general law relating to consent by political subdivisions to
18-17 the creation of districts with conservation, reclamation, and road
18-18 powers and the inclusion of land in those districts has been
18-19 complied with, and all requirements of the constitution and laws of
18-20 this state and the rules and procedures of the legislature with
18-21 respect to the notice, introduction and passage of this Act have
18-22 been fulfilled and accomplished.
18-23 SECTION 18. SEVERABILITY CLAUSE. The provisions of this Act
18-24 are severable, and if any provision or part of this Act or the
18-25 application thereof to any person or circumstance shall ever be
19-1 held by any court of competent jurisdiction to be invalid or
19-2 unconstitutional for any reason, the remainder of this Act and the
19-3 application of such provision or part of this Act to other persons
19-4 or circumstances shall not be affected thereby.
19-5 SECTION 19. EMERGENCY CLAUSE. The importance of this
19-6 legislation and the crowded condition of the calendars in both
19-7 houses create an emergency and an imperative public necessity that
19-8 the constitutional rule requiring bills to be read on three several
19-9 days in each house be suspended, and this rule is hereby suspended,
19-10 and that this Act take effect and be in force from and after its
19-11 passage, and it is so enacted.