1-1 By: Parker S.B. No. 1326
1-2 (In the Senate - Filed March 30, 1993; March 31, 1993, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 15, 1993, rereferred to Committee on Economic Development;
1-5 April 15, 1993, reported favorably by the following vote: Yeas 7,
1-6 Nays 0; April 15, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Parker x
1-10 Lucio x
1-11 Ellis x
1-12 Haley x
1-13 Harris of Dallas x
1-14 Harris of Tarrant x
1-15 Leedom x
1-16 Madla x
1-17 Rosson x
1-18 Shapiro x
1-19 Wentworth x
1-20 A BILL TO BE ENTITLED
1-21 AN ACT
1-22 relating to the creation, administration, powers, including the
1-23 power to levy taxes and issue bonds, and authority of the Chambers
1-24 County Improvement District No. 1.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. CREATION; LEGISLATIVE DECLARATION. (a) There is
1-27 created and established a special district to be known as the
1-28 "Chambers County Improvement District No. 1" that is a governmental
1-29 agency, a body politic and corporate, and a political subdivision
1-30 of the state.
1-31 (b) The name of the district may be changed by resolution of
1-32 the board of directors of the district at any time so long as the
1-33 name is descriptive of the location and the principal powers of the
1-34 district.
1-35 (c) The creation of the district is declared to be essential
1-36 to the accomplishment of the purposes of Article III, Section 52,
1-37 Article XVI, Section 59, and Article III, Section 52-a, of the
1-38 Texas Constitution and to the accomplishment of the other purposes
1-39 stated in this Act.
1-40 (d) The legislature finds, determines, and declares that the
1-41 creation of the district is necessary to diversify the economy of
1-42 the state, promote, develop, expand, encourage, and maintain
1-43 employment, commerce, economic development, and the public welfare,
1-44 to promote the control, treatment, storage, and distribution of
1-45 water and the protection, preservation and restoration of the
1-46 sanitary conditions of water, to promote the transportation of
1-47 agricultural, industrial, and commercial products, to promote the
1-48 health, safety, and general welfare of property owners, residents,
1-49 employers, and employees in the district and the general public, to
1-50 promote the improvement of rivers, bays, creeks, streams, and
1-51 canals to permit or to aid navigation and commerce, and to promote
1-52 the construction, maintenance, and operation of streets, roads,
1-53 highways, turnpikes, and railroads in the greater Cedar Crossing
1-54 area of Chambers County. The district will provide needed funding
1-55 in the greater Cedar Crossing area to preserve, maintain, and
1-56 enhance the economic health and vitality of the area as a community
1-57 and a business and industrial center. The district will not act as
1-58 the agent or instrumentality of any private interests even though
1-59 many private interests will be benefited by the district as will
1-60 the general public. The legislature further finds and determines
1-61 and intends that by creating the district it has established a
1-62 program to accomplish the public purposes set out in Article III,
1-63 Section 52-a, Texas Constitution.
1-64 (e) The legislature finds that all of the land and other
1-65 property included within the boundaries of the district will be
1-66 benefited by the improvements and services to be provided by the
1-67 district under powers conferred by Article III, Section 52, Article
1-68 XVI, Section 59, and Article III, Section 52-a, of the Texas
2-1 Constitution and other powers granted under this Act, and that the
2-2 district is created to serve a public use and benefit.
2-3 (f) This Act shall be liberally construed in conformance
2-4 with the legislative findings and purposes stated in this Act.
2-5 SECTION 2. DEFINITION. In this Act, "district" means
2-6 Chambers County Improvement District No. 1.
2-7 SECTION 3. BOUNDARIES. The district shall include all of
2-8 the territory contained within the following described area:
2-9 BEING approximately 13,900 acres of land situated in
2-10 Chambers County, Texas, and being out and a part of Christian Smith
2-11 League, Abstract No. 22, the Thomas Shepherd Survey, Abstract No.
2-12 229, the Chambers County School Land Survey, Abstract No. 321, the
2-13 Solomon Barrow Survey, Abstract No. 3, the John Steele Survey,
2-14 Abstract No. 227, the J. L. Hill Survey, Abstract No. 106, the J.
2-15 K. Allen Survey, Abstract No. 31, the J. C. Fisher Survey, Abstract
2-16 No. 31, the W. D. Smith League, Abstract No. 23 and the John Ijams
2-17 Survey, Abstract No. 15. This tract of land is more particularly
2-18 described by metes and bounds as follows, to-wit:
2-19 BEGINNING at the Northeast corner of Tract No. 199-B, in the
2-20 East line of the Chambers County School Land Survey, Abstract No.
2-21 321 and in the West line of the Solomon Barrow Survey, Abstract No.
2-22 3 and in the South right of way line of the Houston Lighting and
2-23 Power Co. discharge canal right of way.
2-24 THENCE in a Southerly direction with the East line of this
2-25 tract, the East line of the Chambers County School Land Survey and
2-26 the West line of the Solomon Barrow Survey to the Northwest corner
2-27 of Tract No. 100-A.
2-28 THENCE in an Easterly and Southerly direction with the North
2-29 and East lines of Tract No. 100-A to a point at the intersection of
2-30 the North line of Tract No. 100-A with the East right of way line
2-31 of F. M. Highway No. 2354.
2-32 THENCE in a Southerly direction with the East right of way
2-33 line of F. M. Highway No. 2354 to the intersection of the South
2-34 right of way line of Fisher Road (Rice Farm Road) with the East
2-35 right of way line of F. M. Highway No. 2354.
2-36 THENCE in a Westerly direction with the South right of way
2-37 line of Fisher Road to the most Northern Northeast corner of Tract
2-38 No. 89.
2-39 THENCE in a Southerly and Easterly direction with the East
2-40 and North lines of Tract No. 89 to the Northwest corner of a 4.00
2-41 acre tract of land conveyed to Chambers County.
2-42 THENCE in a Southerly and Easterly direction with the West
2-43 and South lines of the Chambers County 4.00 acre tract to the
2-44 intersection of the projection of the South line of the Chambers
2-45 County 4.00 acre tract with the East right of way line of F. M.
2-46 Highway No. 2354.
2-47 THENCE in a Southerly direction with the East right of way
2-48 line of F. M. Highway No. 2354 to a point at the intersection of
2-49 the East right of way line of F. M. Highway No. 2354 with the South
2-50 line, as extended, of Tract No. 89B.
2-51 THENCE in a Westerly direction with the South line of Tract
2-52 No. 89B to the Southwest corner of Tract No. 89B in the East line
2-53 of Tract No. 89M.
2-54 THENCE in a Southerly direction with the East line of Tract
2-55 No. 89M to the Southeast corner of Tract No. 89M in the North line
2-56 of Tract No. 125.
2-57 THENCE in a Westerly direction with the South line of Tract
2-58 No. 89M and the North line of Tract No. 125 to the Northwest corner
2-59 of Tract No. 125.
2-60 THENCE in a Southerly direction with the West line of Tract
2-61 No. 125 to the Southwest corner of Tract No. 125.
2-62 THENCE in an Easterly direction with the South line of Tract
2-63 No. 125 and its extension to the intersection of with this line
2-64 with the East right of way line of F. M. Highway No. 2354.
2-65 THENCE in a Southerly direction with the East right of way
2-66 line of F. M. Highway No. 2354 to a point at the intersection of
2-67 the extension of the South line of Tract No. 4-D with the East
2-68 right of way line of F. M. Highway No. 2354.
2-69 THENCE in a Westerly direction with the South line of Tract
2-70 No. 4-D to the most Northern Northeast corner of Tract No. 10-B.
3-1 THENCE in a Southerly direction with the East and Northerly
3-2 lines of Tract No. 10-5 to a point at the intersection of the North
3-3 line of Tract No. 10-B, as extended, with the East right of way
3-4 line of F. M. Highway No. 2354.
3-5 THENCE in a Southwesterly direction with the East and South
3-6 right of way line of F. M. Highway No. 2354 to the intersection
3-7 with the East right of way line of Live oak Drive.
3-8 THENCE in a Southwesterly direction with the East and South
3-9 right of way line of Live Oak Drive to the intersection of the
3-10 extended East line of the Exxon USA 4.987 acre tract with the South
3-11 right of way line of Live Oak Drive.
3-12 THENCE in a Westerly direction with the East, North and West
3-13 lines of said Exxon tract to the southwest corner of said Exxon
3-14 tract being a corner of Jones and Laughlin Tract No. 3.
3-15 THENCE in a Westerly direction with the South and West lines
3-16 of said Tract No. 3 and the shore line of Galveston Bay and San
3-17 Jacinto Bay and the West line of Tract No. 43 to the Southeast or
3-18 East shore line of Cedar Bayou.
3-19 THENCE in a Northwesterly direction with the shore line of
3-20 Cedar Bayou and the West line of Tracts No. 43, Atlantic Pipeline
3-21 14.3427 acre and 43A to the Southwest corner of the Maurice Hirsch
3-22 so-called 40.28 acre tract.
3-23 THENCE in a Easterly direction with the South line of the
3-24 Hirsch tract and the North line of Tract No. 43A to a point in the
3-25 East right of way line of Tri-City Beach Road at the extension of
3-26 the North line of Tract No. 43A.
3-27 THENCE in a Southerly direction with the East line of
3-28 Tri-City Beach Road to the West right of way line of F. M. Highway
3-29 No. 1405.
3-30 THENCE in a Northerly direction with the West right of way
3-31 line of F. M. Highway No. 1405 to the Northeast corner of Tract No.
3-32 37.
3-33 THENCE in a Westerly direction with the North line of Tract
3-34 No. 37 to the centerline of Cedar Bayou, being the County Line
3-35 between Chambers and Harris Counties.
3-36 THENCE in a Northerly direction with the centerline of Cedar
3-37 Bayou and said County Line to a point at the intersection of the
3-38 centerline of Cedar Bayou with the South line of the Warrior and
3-39 Gulf 15.00 acre tract.
3-40 THENCE in an Easterly, Northerly, Westerly and Southerly
3-41 direction with the lines of the Warrior Gulf 15 acre tract and the
3-42 Hoesch Tubular Products Company lines to a point at the
3-43 intersection of the West line of Hoesch 25 acre tract, extended,
3-44 with the centerline of Cedar Bayou and said County Line.
3-45 THENCE in a Northerly direction with the centerline of Cedar
3-46 Bayou to the intersection of the centerline of Cedar Bayou with the
3-47 extension of the South line of Johnnie and Rosemary Jennings
3-48 property.
3-49 THENCE in a Easterly, Northerly and Westerly direction around
3-50 the Jennings property to the intersection of the North line of the
3-51 Jennings property extended with the centerline of Cedar Bayou and
3-52 said County Line.
3-53 THENCE in a Northerly direction with the centerline of Cedar
3-54 Bayou to the intersection of the centerline of Cedar Bayou with the
3-55 South line, extended, of a Tract conveyed to McDonugh Company.
3-56 THENCE in an Easterly direction with the South line of the
3-57 McDonugh Company tract to a point for the Southeast corner of the
3-58 Light Company tract in the West right of line of West Bay Road (Old
3-59 F. M. Highway No. 1405).
3-60 THENCE in a Northerly direction with the West right of way
3-61 line of West Bay Road to a point at the intersection of the South
3-62 line, extended, of Tract No. 35-X.
3-63 THENCE in a Easterly direction with the South line of Tract
3-64 No. 35-X to the Northeast corner of Tract No. 35-X and in the West
3-65 right of way line of Houston Lighting and Power Company 330 foot
3-66 right of way and in the West line of Tract No. 5-D.
3-67 THENCE in a Northerly direction with the West line of Tract
3-68 No. 5-D and the West line of said 330 foot right of way to a point
3-69 in the North right of way line of West Bay Road.
3-70 THENCE in an Easterly direction with the North right of way
4-1 line of West Bay Road to a point for a corner of Tract No. 5-D
4-2 being in the East right of way line of the old right of way for
4-3 West Bay Road.
4-4 THENCE in an Easterly direction with the North line of Tract
4-5 No. 5-D to the intersection with the South right of way line of the
4-6 Houston Lighting and Power Company Discharge Canal.
4-7 THENCE in an Easterly direction with the South right of way
4-8 line of the Light Company Discharge Canal to the Northwest corner
4-9 of a 21.2152 acre tract of land conveyed to Houston Lighting and
4-10 Power Company.
4-11 THENCE in a Southerly direction with the West line of said
4-12 21.2152 acre tract to the Southwest corner of said 21.2152 acre
4-13 tract of land.
4-14 THENCE in an Easterly direction with the South line of said
4-15 21.2152 acre tract to the Southeast corner of said 21.2152 acre
4-16 tract of land in the West line of the Coastal Water Authority 5.115
4-17 acre tract of land.
4-18 THENCE in a Southerly, Easterly and Northerly direction
4-19 around said Coastal Water Authority 5.115 acre tract to a point for
4-20 the Northeast corner of said 5.115 acre tract in the South right of
4-21 way line of the Houston Lighting and Power Company Discharge Canal
4-22 right of way.
4-23 THENCE in an Easterly direction with the South line of the
4-24 Light Company Discharge Canal right of way to the PLACE OF
4-25 BEGINNING, containing within said boundaries approximately 13,900
4-26 acres of land.
4-27 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
4-28 finds that the boundaries and field notes of the district form a
4-29 closure. If a mistake is made in the field notes or in copying the
4-30 field notes in the legislative process, it in no way affects the
4-31 organization, existence, and validity of the district, the right of
4-32 the district to issue any type of bonds or to issue or enter into
4-33 other types of obligations for the purposes for which the district
4-34 is created or the right of the district to levy and collect
4-35 assessments or taxes, or in any other manner affects the legality
4-36 or operation of the district or its governing body.
4-37 SECTION 5. BOARD OF DIRECTORS. (a) The district is to be
4-38 governed by a board of seven directors.
4-39 (b) Except for the initial directors, each director shall be
4-40 appointed by the Commissioners Court of Chambers County to
4-41 represent a director district in the manner provided in Section
4-42 375.064, Local Government Code, from a list of candidates
4-43 recommended by the board in the manner provided in Section 375.064,
4-44 Local Government Code. Each director so appointed shall serve a
4-45 term of office of four years and until his or her successor is
4-46 appointed and has qualified. Appointments to fill an unexpired
4-47 term shall be made by the remaining directors.
4-48 (c) At the time this Act takes effect, the following persons
4-49 shall constitute the initial board of directors of the district and
4-50 are hereby appointed for the terms prescribed by Subsection (d) of
4-51 this section to represent the following director district:
4-52 Director District Position Name of Director
4-53 1 Deborah S. Hsi
4-54 2 Kandy K. Gregory
4-55 3 Langston H. Wood
4-56 4 Joseph S. Antoline
4-57 5 Donald E. Simpson
4-58 6 Robert B. Brown, Jr.
4-59 7 Robert Douglas Gates
4-60 (d) Of the initial directors, the directors appointed for
4-61 director district positions 1 through 3 shall serve until May 1,
4-62 1995, and the directors appointed for director district positions 4
4-63 through 7 shall serve until May 1, 1997.
4-64 (e) Each director appointed by the Commissioners Court of
4-65 Chambers County shall meet the qualifications set forth in Section
4-66 375.063, Local Government Code, for the area included within the
4-67 boundaries of the director district which such director represents,
4-68 and no person may be appointed as a director or continue to serve
4-69 as a director unless he or she satisfies the requirements set forth
4-70 in Section 375.063, Local Government Code, for the area in the
5-1 director district the person is appointed to represent. Each
5-2 director shall qualify for office as provided in Subchapter D,
5-3 Chapter 375, Local Government Code.
5-4 (f) The board shall be governed by the terms and conditions
5-5 set forth in Subchapter D, Chapter 375, Local Government Code, to
5-6 the extent such provisions do not conflict with the provisions of
5-7 this Act. Directors may vote on any issue if permitted by
5-8 Subchapter D, Chapter 375, Local Government Code; however, action
5-9 may only be taken by the board if it is approved in the manner
5-10 prescribed by Subchapter D, Chapter 375, Local Government Code.
5-11 (g) Each position on the board shall represent a separate
5-12 area of the district to be known as a director district. As soon
5-13 as possible after this Act takes effect, it shall be the duty of
5-14 the board to establish the boundaries of each director district
5-15 over the area within the district which in the board's judgment
5-16 provides a reasonable balance in the board representation between
5-17 acreage, value, improvements, and interests of the property owners
5-18 within the district. All of the land in the district shall be in
5-19 one of the director districts. Director districts may not overlap.
5-20 The board from time to time may establish new boundaries for the
5-21 director districts if it deems it necessary to provide a reasonable
5-22 balance in the board representation between acreage, value,
5-23 improvements, and interests of the property owners within the
5-24 district.
5-25 (h) Directors shall be compensated in the manner provided by
5-26 Section 54.114, Water Code.
5-27 SECTION 6. GENERAL POWERS. (a) The district shall have all
5-28 of the rights, powers, privileges, and authority conferred by the
5-29 general law of this state applicable to districts created under
5-30 Chapter 375, Local Government Code; Chapter 54, Water Code; Chapter
5-31 13, Acts of the 68th Legislature, Regular Session, 1984 (Article
5-32 6674r-1, Vernon's Texas Civil Statutes); and Chapter 623, Acts of
5-33 the 67th Legislature, Regular Session, 1981 (Article 6550c,
5-34 Vernon's Texas Civil Statutes). The district shall also have
5-35 the rights, powers, privileges, and authority granted to
5-36 districts by Subchapters E and M, Chapter 60, Water Code, and
5-37 Section 61.116, Water Code; provided, however, bonds or other
5-38 obligations issued pursuant to any of the foregoing may be secured
5-39 by revenues, assessments, ad valorem taxes, impact fees, grants or
5-40 other funds of the district, or any combination thereof. The
5-41 district shall also have all of those powers granted to municipal
5-42 management districts under Sections 375.092 and 375.111, Local
5-43 Government Code, to provide any services or for any project the
5-44 district is authorized to acquire, construct, or improve pursuant
5-45 to this Act. The district may acquire any interest in land in
5-46 accordance with Chapter 54, Water Code. If any provision of the
5-47 referenced laws is in conflict with or is inconsistent with the
5-48 provisions of this Act, this Act prevails. All laws or provisions
5-49 of a law referenced herein are adopted and incorporated into this
5-50 act for all purposes and may be used by the district independently
5-51 of each other. Each law and provision of law referenced herein is
5-52 adopted and incorporated into this Act as it is amended from time
5-53 to time by the legislature.
5-54 (b) The district may finance the cost of any authorized
5-55 improvement project or services in the manner set forth in any of
5-56 the laws made applicable to the district, including Subchapter F,
5-57 Chapter 375, Local Government Code, and Subchapter J, Chapter 54,
5-58 Water Code. No petition shall be required for the board to be
5-59 authorized to levy taxes, assessments, or impact fees to finance
5-60 services and improvement projects pursuant to this Act as provided
5-61 in Section 375.114, Local Government Code.
5-62 (c) If the district, in exercising any of the powers
5-63 conferred by this Act, requires a relocation, adjustment, raising,
5-64 lowering, rerouting, or changing the grade of or altering the
5-65 construction of any street, alley, highway, overpass, underpass, or
5-66 road, any railroad track, bridge, or other facilities or property,
5-67 any electric lines, conduits, or other facilities or property, any
5-68 telephone or telegraph lines, conduits, or other facilities or
5-69 property, any gas transmission or distribution pipes, pipelines,
5-70 mains, or other facilities or property, any water, sanitary sewer
6-1 or storm sewer pipes, pipelines, mains, or other facilities or
6-2 property, any cable television lines, cables, conduits, or other
6-3 facilities or property, or any other pipelines and any facilities
6-4 or properties relating to those pipelines, those relocations,
6-5 adjustments, raising, lowering, rerouting, or changing of grade or
6-6 altering of construction must be accomplished at the sole cost and
6-7 expense of the district, and damages that are suffered by the
6-8 owners of the property or facilities shall be borne by the
6-9 district.
6-10 SECTION 7. TORT CLAIMS. The district is a unit of
6-11 government for purposes of Chapter 101, Civil Practice and Remedies
6-12 Code (Texas Tort Claims Act), and the operations of the district
6-13 are considered essential governmental functions and not proprietary
6-14 functions for all purposes, including the application of the Texas
6-15 Tort Claims Act.
6-16 SECTION 8. ANNEXATION AND EXCLUSION OF TERRITORY BY THE
6-17 DISTRICT. The district may annex land to and exclude land from the
6-18 district in the manner provided by Chapter 54, Water Code. Land
6-19 may not be annexed to the district unless the municipality in whose
6-20 extraterritorial jurisdiction, as defined in Section 42.021, Local
6-21 Government Code, the land lies consents to the annexation.
6-22 SECTION 9. MUNICIPAL ANNEXATION OF THE DISTRICT. A
6-23 municipality in whose extraterritorial jurisdiction the district
6-24 lies may annex the district in whole or in part, notwithstanding
6-25 any provision of Chapter 43, Local Government Code, and such
6-26 annexation shall not result in total or partial dissolution of the
6-27 district or an assumption by the annexing municipality of any of
6-28 the district's obligations or indebtedness. Creation of the
6-29 district shall not affect the power of any municipality, in whose
6-30 extraterritorial jurisdiction the district or part of the district
6-31 lies, to designate all or part of the district as an industrial
6-32 district or in any way limit the powers of a municipality conferred
6-33 by Chapter 42, Local Government Code. Creation of the district
6-34 shall not affect the power of any municipality to provide municipal
6-35 services to any area within the municipality or its
6-36 extraterritorial jurisdiction which is within the district and the
6-37 municipality shall have the same power to extend or provide
6-38 municipal services after the creation of the district as it had
6-39 before its creation. Any municipal annexation of the district, in
6-40 whole or in part, shall have no effect on the validity of the
6-41 district and the district shall continue to exist and exercise the
6-42 powers granted in this Act.
6-43 SECTION 10. BONDS AND ASSESSMENTS. (a) The district may
6-44 issue bonds payable in whole or in part from ad valorem taxes,
6-45 assessments, impact fees, revenues, grants, or other funds of the
6-46 district, or any combination thereof, to pay for any purpose of the
6-47 district authorized by this Act. The board may levy and collect
6-48 assessments pursuant to the terms and conditions of Subchapter F,
6-49 Chapter 375, Local Government Code, for any authorized purpose to
6-50 the extent they do not conflict with other provisions of this Act.
6-51 (b) No approval of bonds issued by the district shall be
6-52 required other than that of the attorney general in accordance with
6-53 the provisions of Section 375.205, Local Government Code, and that
6-54 of the Texas Water Commission if the bonds are issued for a purpose
6-55 which requires such approval by Section 375.208, Local Government
6-56 Code.
6-57 (c) Assessments or reassessments by the district, penalties
6-58 and interest thereon, expenses of collection, and reasonable
6-59 attorney fees, if incurred, are a first and prior lien against the
6-60 property assessed, are superior to all other liens and claims
6-61 except liens or claims for state, county, school district, or
6-62 municipality ad valorem taxes, and are a personal liability of and
6-63 charge against the owners of the property regardless of whether the
6-64 owners are named in the assessment proceedings. The lien is
6-65 effective from the date of the resolution of the board levying the
6-66 assessment until the assessment is paid and may be enforced by the
6-67 board in the same manner that an ad valorem tax lien against real
6-68 property may be enforced by the board.
6-69 SECTION 11. ELECTIONS. The district shall hold elections in
6-70 the manner provided by Subchapter L, Chapter 375, Local Government
7-1 Code. The district shall also hold elections in the manner
7-2 provided by Subchapter L, Chapter 375, Local Government Code, for
7-3 the purpose of obtaining voter approval of the authority of the
7-4 district to levy a maintenance tax and to issue bonds payable from
7-5 ad valorem taxes or assessments. The board may submit multiple
7-6 purposes in a single proposition at an election.
7-7 SECTION 12. IMPACT FEES. The district may impose impact
7-8 fees as provided by Subchapter G, Chapter 375, Local Government
7-9 Code, for any authorized purpose. Because the district is created
7-10 in an area that is devoted primarily to industrial, commercial, and
7-11 business activity, the district may not impose an impact fee or
7-12 assessment on a single family residential property or on any
7-13 residential duplex, triplex, quadruplex, or condominium.
7-14 SECTION 13. MAINTENANCE TAX. If authorized at an election
7-15 held in accordance with Section 11 of this Act, the district may
7-16 levy and collect for maintenance, operation, and upkeep of the
7-17 district, for the improvements constructed or acquired by the
7-18 district, and for the provision of services to industrial and
7-19 commercial businesses and residents and property owners an annual
7-20 ad valorem tax on all property inside the district based on the
7-21 value of property inside the district at such rate as the board may
7-22 determine.
7-23 SECTION 14. DISSOLUTION OF THE DISTRICT. The district may
7-24 be dissolved as provided in either Section 375.261 or 375.262,
7-25 Local Government Code. If the district is dissolved as set forth
7-26 in this Act, the district shall remain in existence solely for the
7-27 limited purpose of discharging its bonds or other obligations in
7-28 accordance with their terms.
7-29 SECTION 15. CONTRACTS FOR SECURITY SERVICES. To protect the
7-30 public interest, the district may contract with a private entity or
7-31 a municipality, county, or other political subdivision for the
7-32 provision of services for the security and protection of residents
7-33 and property in the district.
7-34 SECTION 16. COMPETITIVE BIDDING. The district shall
7-35 contract for services, improvements, or the purchase of materials,
7-36 machinery, equipment, supplies, and other property as provided by
7-37 Section 375.221, Local Government Code.
7-38 SECTION 17. NOTICE AND CONSENT. The legislature finds that
7-39 proper and legal notice of the intention to introduce this Act,
7-40 setting forth the general substance of this Act, has been published
7-41 as provided by law, and the notice and a copy of this Act have been
7-42 furnished to all persons, agencies, officials, or entities to which
7-43 they are required to be furnished by the constitution and laws of
7-44 this state, including the Governor of Texas, who has submitted the
7-45 notice and Act to the Texas Water Commission. The legislature also
7-46 finds that the Texas Water Commission has filed its recommendations
7-47 relating to this Act with the governor, lieutenant governor, and
7-48 speaker of the house of representatives within the required time.
7-49 The general law relating to consent by political subdivisions to
7-50 the creation of districts with conservation, reclamation, and road
7-51 powers and the inclusion of land in those districts has been
7-52 complied with, and all requirements of the constitution and laws of
7-53 this state and the rules and procedures of the legislature with
7-54 respect to the notice, introduction, and passage of this Act have
7-55 been fulfilled and accomplished.
7-56 SECTION 18. SEVERABILITY CLAUSE. The provisions of this Act
7-57 are severable, and if any provision or part of this Act or the
7-58 application thereof to any person or circumstance shall ever be
7-59 held by any court of competent jurisdiction to be invalid or
7-60 unconstitutional for any reason, the remainder of this Act and the
7-61 application of such provision or part of this Act to other persons
7-62 or circumstances shall not be affected thereby.
7-63 SECTION 19. EMERGENCY CLAUSE. The importance of this
7-64 legislation and the crowded condition of the calendars in both
7-65 houses create an emergency and an imperative public necessity that
7-66 the constitutional rule requiring bills to be read on three several
7-67 days in each house be suspended, and this rule is hereby suspended,
7-68 and that this Act take effect and be in force from and after its
7-69 passage, and it is so enacted.
7-70 * * * * *
8-1 Austin,
8-2 Texas
8-3 April 15, 1993
8-4 Hon. Bob Bullock
8-5 President of the Senate
8-6 Sir:
8-7 We, your Committee on Economic Development to which was referred
8-8 S.B. No. 1326, have had the same under consideration, and I am
8-9 instructed to report it back to the Senate with the recommendation
8-10 that it do pass and be printed.
8-11 Parker,
8-12 Chairman
8-13 * * * * *
8-14 WITNESSES
8-15 No witnesses appeared on S.B. No. 1326.