By Coleman                                            H.B. No. 1464
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the creation, administration, powers, and duties of the
    1-3  Houston Downtown Management District.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  CREATION; LEGISLATIVE DECLARATION.  (a)  There is
    1-6  created and established a special district in Harris County to be
    1-7  known as the "Houston Downtown Management District" that is a
    1-8  governmental agency, a body politic and corporate, and a political
    1-9  subdivision of the state.
   1-10        (b)  The name of the district may be changed by resolution of
   1-11  the board of directors at any time.
   1-12        (c)  The creation of the district is declared to be essential
   1-13  to the accomplishment of the purposes of Article III, Section 52,
   1-14  Article XVI, Section 59, and Article III, Section 52-a, of the
   1-15  Texas Constitution and to the accomplishment of the other public
   1-16  purposes stated in this Act.
   1-17        (d)  The legislature finds, determines, and declares that the
   1-18  creation of the district is necessary to promote, develop,
   1-19  encourage, and maintain employment, commerce, transportation,
   1-20  housing, tourism, recreation, arts, entertainment, economic
   1-21  development, safety, and the public welfare in the downtown Houston
   1-22  area of Harris County.  It is the legislature's intent that the
   1-23  creation of the district and this legislation not be interpreted to
    2-1  relieve Harris County or the City of Houston from providing the
    2-2  present level of services to the area included within the district
    2-3  or to release the county or the city from the obligations each
    2-4  entity has to provide services to that area.  The district is
    2-5  created to supplement and not supplant the city or county services
    2-6  in the area included within the district.
    2-7        (e)  The legislature finds, determines, and intends that by
    2-8  creating the district and in authorizing the City, County and other
    2-9  political subdivisions to contract with the district it has
   2-10  established a program to accomplish the public purposes set out in
   2-11  Article III, Section 52-a, of the Texas Constitution.
   2-12        SECTION 2.  DEFINITIONS.  In this Act:
   2-13              (1)  "Board" means the board of directors of the
   2-14  district.
   2-15              (2)  "District" means the Houston Downtown Management
   2-16  District.
   2-17              (3)  "City" means the City of Houston, Texas.
   2-18              (4)  "County" means Harris County, Texas.
   2-19        SECTION 3.  BOUNDARIES.  The District shall include all of
   2-20  the territory contained within the following described area:
   2-21        705 acres, more or less, in the J. Austin Survey, Abstract 1,
   2-22  the J.S. Holman Survey, Abstract 323, the O. Smith Survey, Abstract
   2-23  696, and the J. Wells Survey, Abstract 832, Harris County, Texas,
   2-24  more particularly described as follows:
   2-25        BEGINNING at the intersection of the center line of the
    3-1  right-of-way of Commerce Avenue with the center line of the
    3-2  right-of-way of Austin Street;
    3-3        Thence in a southwesterly direction with the center line of
    3-4  the right-of-way of Austin street to the intersection with the
    3-5  center line of the right-of-way of Capitol Avenue;
    3-6        Thence in a southeasterly direction with the center line of
    3-7  the right-of-way of Capitol Avenue to the intersection with the
    3-8  center line of the right-of-way of Chartres Street;
    3-9        Thence in a southwesterly direction with the center line of
   3-10  the right-of-way of Chartres Street to the intersection with the
   3-11  center line of the right-of-way of Clay Avenue;
   3-12        Thence in a northwesterly direction with the center line of
   3-13  the right-of-way of Clay Avenue to the intersection with the center
   3-14  line of the right-of-way of Caroline Street;
   3-15        Thence in a southwesterly direction with the center line of
   3-16  the right-of-way of Caroline Street to the intersection with the
   3-17  center line of the right-of-way of Pierce Avenue;
   3-18        Thence in a northwesterly direction with the center line of
   3-19  the right-of-way of Pierce Avenue to the intersection with the
   3-20  center line of the right-of-way of Bagby Street;
   3-21        Thence in a northeasterly direction with the center line of
   3-22  the right-of-way of Bagby Street to the intersection with a
   3-23  southerly projection of the west line of the right-of-way of Heiner
   3-24  Street;
   3-25        Thence in a northerly direction with the west line of the
    4-1  right-of-way of Heiner Street and southerly and northerly
    4-2  projections thereof to the intersection with the center line of the
    4-3  right-of-way of W. Dallas Street;
    4-4        Thence in a westerly direction with the center line of the
    4-5  right-of-way of W. Dallas Street to the intersection with a
    4-6  southerly projection of the west line of the right-of-way of Heiner
    4-7  Street;
    4-8        Thence in a northerly direction with the west line of the
    4-9  right-of-way of Heiner Street and southerly and northerly
   4-10  projections thereof to the intersection with the center line of the
   4-11  right-of-way of Allen Parkway;
   4-12        Thence in an easterly direction with the center line of the
   4-13  right-of-way of Allen Parkway to the intersection with a southerly
   4-14  projection of the center line of the right-of-way of Sabine Street;
   4-15        Thence in a northerly direction with a southerly projection
   4-16  of the center line of the right-of-way of Sabine Street and then
   4-17  with the center line of the right-of-way of Sabine Street to the
   4-18  intersection with the north right-of-way line of Memorial Drive;
   4-19        Thence in an easterly direction with the north right-of-way
   4-20  line of Memorial Drive to the intersection with the west
   4-21  right-of-way line of Interstate Highway 45;
   4-22        Thence in a northeasterly direction with the west
   4-23  right-of-way line of Interstate Highway 45 to the intersection with
   4-24  the center line of the right-of-way of Franklin Avenue;
   4-25        Thence in an easterly direction with the center line of the
    5-1  right-of-way of Franklin Avenue to the intersection with a
    5-2  southerly projection of the center line of the northbound ramp to
    5-3  Interstate Highway 10, a continuation of Louisiana Street;
    5-4        Thence in a northerly direction with the center line of the
    5-5  right-of-way of the northbound ramp to Interstate Highway 10 and
    5-6  the southerly projection thereof, to the intersection with the
    5-7  center line of the Southern Pacific Rail Road's "Main Passenger
    5-8  Line" right-of-way;
    5-9        Thence in an easterly direction with the center line of the
   5-10  Southern Pacific Rail Road's "Main Passenger Line" right-of-way to
   5-11  the intersection with the center line of the right-of-way of North
   5-12  San Jacinto Street;
   5-13        Thence in a southerly direction with the center line of the
   5-14  right-of-way of North San Jacinto Street to the intersection with
   5-15  the center line of the right-of-way of Commerce Avenue;
   5-16        Thence in a southeasterly direction with the center line of
   5-17  the right-of-way of Commerce Avenue to The Point of Beginning,
   5-18  containing 705 acres, more or less, including, without limitation,
   5-19  all air space above and all subsurface below said property.
   5-20        SECTION 4.  FINDINGS RELATING TO BOUNDARIES.  The legislature
   5-21  finds that the boundaries and field notes of the District form a
   5-22  closure.  If a mistake is made in the field notes or in copying the
   5-23  field notes in the legislative process, it in no way affects the
   5-24  organization, existence, and validity of the District, the right of
   5-25  the District to issue any type of bonds or refunding bonds for the
    6-1  purposes for which the District is created or to pay the principal
    6-2  of and interest on the bonds, or the right of the District to levy
    6-3  and collect assessments or taxes, or in any other manner affects
    6-4  the legality or operation of the District or its governing body.
    6-5        SECTION 5.  FINDING OF BENEFIT AND PUBLIC PURPOSE.  (a)  The
    6-6  legislature finds that all of the land and other property included
    6-7  within the boundaries of the District will be benefited by the
    6-8  improvements and services to be provided by the District under
    6-9  powers conferred by Article III, Section 52, Article XVI, Section
   6-10  59, and Article III, Section 52-a, of the Texas constitution, and
   6-11  other powers granted under this Act, and that the District is
   6-12  created to serve a public use and benefit.
   6-13        (b)  The legislature finds that the creation of the District
   6-14  is essential to further the public purposes of the development and
   6-15  diversification of the economy of the state, the elimination of
   6-16  unemployment and underemployment and the development or expansion
   6-17  of transportation and commerce, and is in the public interest.  The
   6-18  legislature further finds that the District will promote the
   6-19  health, safety, and general welfare of residents, employers,
   6-20  employees, visitors, consumers in the District, and the general
   6-21  public.  The District will provide needed funding for the downtown
   6-22  Houston area to preserve, maintain, and enhance the economic health
   6-23  and vitality of the area as a community and business center.  The
   6-24  District will further promote the health, safety, welfare, and
   6-25  enjoyment of the public by providing pedestrian ways and by
    7-1  landscaping and developing certain areas within the District, which
    7-2  are necessary for the restoration, preservation, and enhancement of
    7-3  scenic and aesthetic beauty.  The legislature finds and determines
    7-4  that pedestrian ways along or across a street (whether at grade or
    7-5  above or below the surface), and street lighting, street
    7-6  landscaping, and street art objects are parts of and necessary
    7-7  components of a street and shall be deemed to be a street or road
    7-8  improvement.   The District will not act as the agent or
    7-9  instrumentality of any private interest even though many private
   7-10  interests will be benefited by the District, as will the general
   7-11  public.
   7-12        (c)  This Act shall be liberally construed in conformity with
   7-13  the legislative findings and purposes stated in this Act.  The
   7-14  District shall have all powers necessary or required for the
   7-15  District to be able to accomplish the legislative purposes for
   7-16  which the District is created.
   7-17        SECTION 6.  BOARD OF DIRECTORS.  (a)  The District is
   7-18  governed by a Board of 30 directors who shall serve for staggered
   7-19  terms of four years.
   7-20        (b)  At the time this Act takes effect, the following persons
   7-21  shall constitute the initial Board of the District and are
   7-22  appointed for the terms prescribed by Subsection (c) of this
   7-23  section:
   7-24   Pos. No.      Name of Director          Position    Term of Office
   7-25      1          Baughn, Charles           Director          1996
    8-1      2          Ezzell, Patrick           Director          1996
    8-2      3          Garcia, Cindy             Director          1996
    8-3      4          Gonzales, Nick            Director          1996
    8-4      5          Greer, Dennis L.          Director          1996
    8-5      6          Marshall, Valerie D.      Director          1996
    8-6      7          Penland, Jr., William E.  Director          1996
    8-7      8          Menchaca, Peggy           Director          1997
    8-8      9          Michael, Sharon           Director          1997
    8-9     10          Ringo, Melanie            Director          1997
   8-10     11          Sacco, Mark M.            Director          1997
   8-11     12          Saizan, Paula T.          Director          1997
   8-12     13          Seigler, James B.         Director          1997
   8-13     14          Veith, Richard            Director          1997
   8-14     15          Wilson, Ben I.            Director          1997
   8-15     16          Aleman, Azalea            Director          1998
   8-16     17          McKenzie, Sherea A.       Director          1998
   8-17     18          Mene, Tom                 Director          1998
   8-18     19          Pagan, Elsa               Director          1998
   8-19     20          Smith, James J.           Director          1998
   8-20     21          Vermillion, C. Richard    Director          1998
   8-21     22          Warwick, Gary             Director          1998
   8-22     23                                    Director          1998
   8-23     24          Bradford, Robert          Director          1999
   8-24     25          Choy, Anthony             Director          1999
   8-25     26          Hewlett, Patricia C.      Director          1999
    9-1     27          Marks, Gary L.            Director          1999
    9-2     28          Otte, Joel B.             Director          1999
    9-3     29          Schuman, Gary D.          Director          1999
    9-4     30                                    Director          1999
    9-5        (c)  Of the initial directors, the directors appointed for
    9-6  positions 1 through 7 shall serve until June 1, 1996, the directors
    9-7  appointed for positions 8 through 15 shall serve until June 1,
    9-8  1997, the directors appointed for positions 16 through 23 shall
    9-9  serve until June 1, 1998, and the directors appointed for positions
   9-10  24 through 30 shall serve until June 1, 1999.
   9-11        (d)  Subsequent directors for full terms shall be appointed
   9-12  by the mayor and City council of the City from persons recommended
   9-13  by the Board and shall qualify as provided by Subchapter D, Chapter
   9-14  375, Local Government Code, as added by S.B. No. 232, Acts of the
   9-15  72nd Legislature, Regular Session, 1991.  A vacancy on the Board
   9-16  due to death, resignation, or removal shall be filled by the Board
   9-17  by appointing a qualified person for the unexpired term.  No person
   9-18  may be appointed to the Board if that appointment would result in
   9-19  less than two-thirds of the Board members being residents of the
   9-20  City.
   9-21        (e)  The directors of the City Departments of Parks and
   9-22  Recreation, Planning and Development, Public Works, and Civic
   9-23  Center and the City Chief of Police shall each serve as ex-officio,
   9-24  non-voting members of the Board.  The General Manager of the
   9-25  Metropolitan Transit Authority of Harris County, Texas, shall also
   10-1  serve as an ex-officio, non-voting member of the Board.  If any of
   10-2  these departments are consolidated, renamed, changed, or
   10-3  eliminated, the Board may appoint the directors of the
   10-4  consolidated, renamed or changed departments as ex-officio,
   10-5  non-voting members of the Board or the Board may appoint persons of
   10-6  another City department exercising comparable duties in lieu of the
   10-7  department eliminated.  The Board may also appoint the chairpersons
   10-8  of other non-profit corporations actively involved in downtown
   10-9  Houston activities to serve as ex-officio, non-voting members of
  10-10  the Board.
  10-11        (f)  The Board is governed by Subchapter D, Chapter 375,
  10-12  Local Government Code, to the extent that subchapter does not
  10-13  conflict with this Act.  Directors may vote on any matter
  10-14  authorized by Subchapter D, Chapter 375, Local Government Code;
  10-15  however, action may only be taken by the Board if it is approved in
  10-16  the manner prescribed by Subchapter D, Chapter 375, Local
  10-17  Government Code.
  10-18        SECTION 7.  GENERAL POWERS.  (a)  The District shall have all
  10-19  of the rights, powers, privileges, and authority conferred by the
  10-20  general law of this state applicable to districts created under
  10-21  Chapter 375, Local Government Code, as added by S.B. No. 232, Acts
  10-22  of the 72nd Legislature, Regular Session, 1991.  The District shall
  10-23  have all of the powers of an industrial development corporation
  10-24  created under the provisions of Section 4B of Article 5190.6,
  10-25  Vernon's Texas Civil Statutes, and the District is authorized to
   11-1  own, operate, acquire, construct, lease, improve, and maintain
   11-2  those projects described in Article 5190.6, Section 4B, Vernon's
   11-3  Texas Civil Statutes.  The District is also authorized to exercise
   11-4  the powers of an entity created pursuant to the provisions of
   11-5  Chapter 394, Local Government Code, to provide housing or
   11-6  residential projects within the District.  The District shall have
   11-7  the power to levy ad valorem taxes, assessments, or impact fees in
   11-8  accordance with provisions of Chapter 375, Local Government Code,
   11-9  to provide any improvements and services for any project or
  11-10  activity the District is authorized to acquire, construct, improve,
  11-11  or provide under this Act.  In addition, the Board shall have the
  11-12  authority to correct, add to or delete from its assessment roll
  11-13  after notice and hearing in the manner required under Section
  11-14  375.115.  The District shall not have the power to acquire property
  11-15  through the exercise of the power of eminent domain.  If any
  11-16  provision of the referenced laws is in conflict with or
  11-17  inconsistent with this Act, this Act prevails.  All laws or
  11-18  provisions of laws referenced in this Act and subsequent amendments
  11-19  to those laws are adopted and incorporated into this Act for all
  11-20  purposes and may be used by the District independently of each
  11-21  other.  The Board may not finance services and improvement projects
  11-22  under this Act unless a written petition has been filed with the
  11-23  Board requesting those improvements or services signed by:
  11-24              (1)  the owners of a majority of the assessed value of
  11-25  real property in the District as determined by the most recent
   12-1  certified County property tax rolls; or
   12-2              (2)  if there are more than 50 persons who own property
   12-3  in the District as determined by the most recent certified County
   12-4  property tax rolls, by at least 50 persons who own land within the
   12-5  District.
   12-6        (b)  A single family residential property or a residential
   12-7  duplex, triplex, quadruplex, or condominium shall not be exempt
   12-8  from the imposition of a tax, an impact fee, or an assessment if
   12-9  imposed in accordance this Act.
  12-10        (c)  If the District, in exercising a power conferred by this
  12-11  Act, requires a relocation, adjustment, raising, lowering,
  12-12  rerouting, or changing the grade of or altering the construction of
  12-13  any street, alley, highway, overpass, underpass, road, railroad
  12-14  track, bridge, facility or property, electric line, conduit,
  12-15  facility or property, telephone or telegraph line, conduit,
  12-16  facility or property, gas transmission or distribution pipe,
  12-17  pipeline, main, facility or property, water, sanitary sewer or
  12-18  storm sewer pipe, pipeline, main, facility or property, cable
  12-19  television line, cable, conduit, facility or property, or other
  12-20  pipeline or facility or property relating to the pipeline, that
  12-21  relocation, adjustment, raising, lowering, rerouting, changing of
  12-22  grade, or altering of construction must be accomplished at the sole
  12-23  cost and expense of the District, and damages that are suffered by
  12-24  owners of the property or facilities shall be borne by the
  12-25  District.
   13-1        (d)  The District is authorized to adopt a resolution
   13-2  authorizing the creation of a nonprofit corporation to aid, assist,
   13-3  and act on behalf of the District in the implementation of any
   13-4  project or the provision of any services authorized by this Act.
   13-5  Without any further authorization or approval, any such corporation
   13-6  authorized to be created by the Board shall be created and
   13-7  dissolved and its board of directors shall be appointed by the
   13-8  Board and shall serve in the manner and for the term and on the
   13-9  conditions of the board of a local government corporation created
  13-10  pursuant to the provisions of Section 4A of Article 1528l, Vernon's
  13-11  Texas Civil Statutes.  Any corporation so created shall have the
  13-12  powers of and be deemed for all purposes to be a local government
  13-13  corporation created pursuant to the provisions of Section 4A of
  13-14  Article 1528l and shall have all the powers necessary to implement
  13-15  any project and provide any services authorized by this Act.
  13-16        (e)  The Board shall establish by resolution the number of
  13-17  director signatures or the procedure required for all disbursements
  13-18  or transfers of the District's money.
  13-19        SECTION 8.  TORT CLAIMS.  The District is a unit of
  13-20  government for purposes of Chapter 101, Civil Practice and Remedies
  13-21  Code.  The operations of the District are essential governmental
  13-22  functions for all purposes and not proprietary functions.
  13-23        SECTION 9.  BONDS AND ASSESSMENTS.  (a)  The District may
  13-24  issue bonds or other obligations payable in whole or in part from
  13-25  ad valorem taxes, assessments, impact fees, revenues, grants, or
   14-1  other funds of the district, or any combination of those funds, to
   14-2  pay for any authorized purpose of the District.  Bonds or other
   14-3  obligations of the District may be issued in the form of bonds,
   14-4  notes, certificates of participation, including other instruments
   14-5  evidencing a proportionate interest in payments to be made by the
   14-6  District, or other obligations that are issued in the exercise of
   14-7  the District's borrowing power and may be issued in bearer or
   14-8  registered form or not represented by an instrument but the
   14-9  transfer of which is registered on books maintained by or on behalf
  14-10  of the District.  The Board may levy and collect an assessment
  14-11  under Subchapter F, Chapter 375, Local Government Code, for any
  14-12  authorized purpose by this Act or Chapter 375, Local Government
  14-13  Code.
  14-14        (b)  The District must obtain the approval of the City for
  14-15  bond issues for an improvement project and the plans and
  14-16  specifications of an improvement project financed by the bond issue
  14-17  before those bonds may be issued.  Instead of approval of bonds by
  14-18  the City, the District before finally approving a capital
  14-19  improvements budget may obtain approval from the City of a capital
  14-20  improvements budget for a period not to exceed five years.  If the
  14-21  District obtains approval of a capital improvements budget, it may
  14-22  finance the capital improvements and issue bonds specified in the
  14-23  budget without further approval from the City.  The District must
  14-24  obtain approval from the City of the plans and specifications of
  14-25  any improvement project that involves the use of the rights-of-way
   15-1  of streets, roads, or highways or the use of City land or any
   15-2  easements granted by the City.
   15-3        (c)  Except as provided above in Paragraph (b), no approval
   15-4  of bonds issued by the District is required other than the approval
   15-5  of the attorney general as provided by Article 717-8, Vernon's
   15-6  Texas Civil Statutes.
   15-7        (d)  Assessments, reassessments or assessments resulting from
   15-8  an addition to or correction of the assessment roll by the
   15-9  District, penalties and interest on an assessment or reassessment,
  15-10  expenses of collection, and reasonable attorney's fees incurred by
  15-11  the District are a first and prior lien against the property
  15-12  assessed, are superior to any other lien or claim other than a lien
  15-13  or claim for County, school District, or municipal ad valorem
  15-14  taxes, and are the personal liability of and charge against the
  15-15  owners of the property even if the owners are not named in the
  15-16  assessment proceedings.  The lien is effective from the date of the
  15-17  resolution of the Board levying the assessment until the assessment
  15-18  is paid.  The Board may enforce the lien in the same manner that
  15-19  the Board may enforce an ad valorem tax lien against real property.
  15-20        SECTION 10.  ELECTIONS.  The District shall hold elections as
  15-21  provided by Subchapter L, Chapter 375, Local Government Code.  The
  15-22  District shall also hold an election in the manner provided by that
  15-23  subchapter for the purpose of obtaining voter approval for the
  15-24  District to levy a maintenance tax or to issue bonds payable from
  15-25  ad valorem taxes or assessments.  The Board may submit multiple
   16-1  purposes in a single proposition at an election.
   16-2        SECTION 11.  IMPACT FEES.  The District may impose an impact
   16-3  fee for an authorized purpose as provided by Subchapter G, Chapter
   16-4  375, Local Government Code.
   16-5        SECTION 12.  MAINTENANCE TAX.  If authorized at an election
   16-6  held in accordance with Section 10 of this Act, the District may
   16-7  levy and collect an annual ad valorem tax on taxable property in
   16-8  the District for maintenance, operation, and upkeep of the District
   16-9  and the improvements constructed or acquired by the District and
  16-10  provision of services to industrial and commercial businesses and
  16-11  residents and property owners.  The Board shall determine the tax
  16-12  rate.
  16-13        SECTION 13.  DISSOLUTION OF THE DISTRICT.  The District may
  16-14  be dissolved as provided in Subchapter M of Chapter 375, Local
  16-15  Government Code.  If the District is dissolved, the District shall
  16-16  remain in existence solely for the limited purpose of discharging
  16-17  its bonds or other obligations according to their terms.
  16-18        SECTION 14.  CONTRACTS.  (a)  To protect the public interest,
  16-19  the District may contract with the City or County for the provision
  16-20  of law enforcement services by the County or the City on a fee
  16-21  basis in the District.
  16-22        (b)  The City, the County, or any other political
  16-23  subdivision, without further authorization, may contract with the
  16-24  District to implement a project of the District or to aid and
  16-25  assist the District in providing the services authorized under this
   17-1  Act.  Any such contract may be for such duration and on such terms
   17-2  and conditions as the parties determine.  The contract may be
   17-3  payable from taxes or any other sources of revenues which may be
   17-4  available for such purpose.  Any such contract may provide that
   17-5  taxes or other revenues collected at a project of the District or
   17-6  from persons using or purchasing commodities or services at the
   17-7  project may be paid or rebated to the District under the terms
   17-8  specified in the contract.
   17-9        (c)  The District may enter into contracts, leases, and
  17-10  agreements with and accept or make grants and loans to or from the
  17-11  United States and its departments and agencies, the state and its
  17-12  agencies, counties, municipalities, and political subdivisions,
  17-13  public or private corporations, including a nonprofit corporation
  17-14  created under a resolution of the Board, and other persons and may
  17-15  perform all acts necessary for the full exercise of the powers
  17-16  vested in it on terms and conditions and for the term the Board may
  17-17  determine to be advisable.
  17-18        SECTION 15.  COMPETITIVE BIDDING.  The District shall
  17-19  contract for services, improvements, or the purchase of materials,
  17-20  machinery, equipment, supplies, or other property in excess of
  17-21  $25,000 as provided by Subchapter k of Chapter 375, Local
  17-22  Government Code.
  17-23        SECTION 16.  REINVESTMENT ZONES.  All or any part of the area
  17-24  of the District is eligible to be included in a tax incremental
  17-25  reinvestment zone created by the City under the provisions of
   18-1  Chapter 311, Tax Code, or included in a tax abatement reinvestment
   18-2  zone created by the City under the provisions of Chapter 312, Tax
   18-3  Code.
   18-4        SECTION 17.  NOTICE AND CONSENT.  The legislature finds that:
   18-5              (1)  proper and legal notice of the intention to
   18-6  introduce this Act, setting forth the general substance of this
   18-7  Act, has been published as provided by law, and the notice and a
   18-8  copy of this Act have been furnished to all persons, agencies,
   18-9  officials, or entities to which they are required to be furnished
  18-10  by the constitution and laws of this state, including the governor
  18-11  of Texas, who has submitted the notice and Act to the Texas Water
  18-12  Commission;
  18-13              (2)  the Texas Water Commission has filed its
  18-14  recommendations relating to this Act with the governor, lieutenant
  18-15  governor, and speaker of the house of representatives within the
  18-16  required time;
  18-17              (3)  the general law relating to consent by political
  18-18  subdivisions to the creation of districts with conservation,
  18-19  reclamation, and road powers and the inclusion of land in those
  18-20  districts has been complied with; and
  18-21              (4)  all requirements of the constitution and laws of
  18-22  this state and the rules and procedures of the legislature with
  18-23  respect to the notice, introduction and passage of this Act have
  18-24  been fulfilled and accomplished.
  18-25        SECTION 18.  SEVERABILITY CLAUSE.  The provisions of this Act
   19-1  are severable, and if any provision or part of this Act or the
   19-2  application thereof to any person or circumstance is held by a
   19-3  court of competent jurisdiction to be invalid or unconstitutional
   19-4  for any reason, the remainder of this Act and the application of
   19-5  that provision or part of this Act to other persons or
   19-6  circumstances is not affected.
   19-7        SECTION 19.  EMERGENCY.  The importance of this legislation
   19-8  and the crowded condition of the calendars in both houses create an
   19-9  emergency and an imperative public necessity that the
  19-10  constitutional rule requiring bills to be read on three several
  19-11  days in each house be suspended, and this rule is hereby suspended.