By Coleman                                            H.B. No. 1729
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to authorizing the creation of urban forest districts
    1-3  under Section 59, Article XVI, Texas Constitution.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subtitle B, Title 10, Local Government Code, is
    1-6  amended by adding Chapter 326 to read as follows:
    1-7                 CHAPTER 326.  URBAN FOREST DISTRICTS
    1-8        Section 325.001.  SHORT TITLE.  This Act may be cited as the
    1-9  Texas Urban Forest district Act.
   1-10        Section 325.002.  LEGISLATIVE FINDINGS.  The Legislature
   1-11  finds that:
   1-12              (a)  The Constitution of Texas, Art. 16, Section 59,
   1-13  authorizes the Legislature to enact laws for the conservation and
   1-14  development of the state's natural resources, including the
   1-15  conservation and development of forests and the preservation of the
   1-16  quality of the waters of the state.
   1-17              (b)  The urban areas of the state are in need of legal
   1-18  authority to create special purpose districts to develop, redevelop
   1-19  and establish urban forest areas, grasslands and other natural
   1-20  resources in such areas.
   1-21              (c)  The establishment, development and redevelopment
   1-22  of the state's natural resources of forests and grasslands by a
   1-23  special purpose district created under the authority of this Act is
    2-1  a public purpose and a public duty that the Legislature declares
    2-2  may be performed by the special purpose conservation and
    2-3  reclamation districts authorized by this Act.
    2-4              (d)  The creation of a district under this Act will aid
    2-5  in the conservation and development of the State's forests,
    2-6  including the forestation of unforested or deforested land and will
    2-7  protect and develop the existing and future natural resources of
    2-8  the state.
    2-9              (e)  The creation of a district under this Act will aid
   2-10  in the conservation and development of grasslands, including the
   2-11  establishment, re-establishment and replanting of such land, will
   2-12  protect and increase the state's natural resources, and will reduce
   2-13  and minimize the pollution of the waters of the state by run-off
   2-14  and reduce the erosion of the productive soils of the state.
   2-15              (f)  The development and growth of the State's urban
   2-16  areas have eliminated forests and grasslands, and municipal
   2-17  governments should be authorized to create special purpose
   2-18  districts to conserve, develop, establish and maintain the natural
   2-19  resources of forests and grassland in the State's urban areas and
   2-20  make land available for use for park and recreational purposes by
   2-21  municipalities, counties and other political subdivisions.
   2-22              (g)  The conservation and development of forests and
   2-23  grassland by special purpose districts in the urban areas of the
   2-24  state will promote the health, safety and welfare of the citizens
   2-25  residing in such areas and make such areas more attractive for the
    3-1  development and relocation of business and industry to the state.
    3-2              (h)  The conservation and development of forests and
    3-3  grasslands by the district in urban areas by the special purpose
    3-4  districts authorized by this Act is a program to aid in the
    3-5  development and diversification of the economy of the state, will
    3-6  stimulate and foster growth of enterprises based on agriculture and
    3-7  will develop and expand the commerce of the state.
    3-8        Section 325.003.  PURPOSE.  A district authorized by this Act
    3-9  is created for the purpose of conserving and developing forests and
   3-10  grasslands in urban areas as natural resources of the state and
   3-11  this Act shall be liberally construed in order to implement the
   3-12  conservation and reclamation of such natural resources.
   3-13        Section 325.004.  DEFINITIONS.  In this Act:
   3-14              "City" shall mean a municipality having a population of
   3-15  50,000 or more.
   3-16              "County" shall mean a county having a population of
   3-17  190,000 or more, or any county adjacent thereto.
   3-18              "Forest project" means development, improvement,
   3-19  property, construction, reclamation or conservation of land for the
   3-20  purpose of conserving and developing urban forests and grasslands,
   3-21  and shall include, without limitation, the forestation and
   3-22  reforestation of land, the cultivation, planting, maintenance,
   3-23  irrigation, the planting and maintenance of trees, grasses and
   3-24  plants of any kind or such projects, including without limitation,
   3-25  roads, parking facilities, bridges, culverts, signs, lights,
    4-1  facilities for the maintenance of vehicles and equipment, picnic
    4-2  facilities, pedestrian and bicycle paths, sidewalks, restrooms,
    4-3  water supply and wastewater treatment and disposal facilities for
    4-4  such projects; the development and maintenance of forests and
    4-5  grasses at the margin of and within lakes, rivers, ponds, bayous,
    4-6  bays, wetlands and estuaries or the development and maintenance of
    4-7  forest and planted areas on public property or private property,
    4-8  including road, highway and street rights-of-way, easements,
    4-9  reservoirs, detention basins, reclaimed lands, landfills or
   4-10  abandoned railroad rights-of-way and the acquisition, by purchase
   4-11  or otherwise, of real property in connection with any forest
   4-12  project.
   4-13        "Governing Body" shall mean the city council or other body
   4-14  that exercises the legislative powers of a city having a population
   4-15  of 190,000 or more, or the commissioner's court of a county having
   4-16  a population of 190,000 or more, or any county adjacent thereto.
   4-17        Section 325.005.  PROCEDURE FOR ESTABLISHMENT OF DISTRICT.
   4-18              (a)  A Forest district may be created in the manner
   4-19  prescribed by this section under Article 16, Section 59 of the
   4-20  Texas Constitution.
   4-21              (b)  A city may create a district that has the same
   4-22  boundaries and occupies the same territory as the City.  A district
   4-23  created by a City may also include all of the territory of its area
   4-24  of extraterritorial jurisdiction established under Chapter 42,
   4-25  Local Gov't. Code.
    5-1              (c)  A county may create a district that has the same
    5-2  boundaries as the county.
    5-3              (d)  Any person may present a petition, signed by
    5-4  twenty-five qualified voters residing in the proposed district, to
    5-5  the governing body, at a regular or special session, requesting the
    5-6  creation of a district.
    5-7              (e)  The petition shall include:
    5-8                    (1)  A request that the district be created.
    5-9                    (2)  The general nature of the proposed
   5-10  activities and improvements to be performed or made by the
   5-11  district.
   5-12                    (3)  An estimate of the cost of the district's
   5-13  activities and improvements and a request that taxes be levied for
   5-14  the payment of the principal and interest on bonds proposed to be
   5-15  issued, if any, and that a maintenance tax be levied for the
   5-16  purpose of paying the costs of maintaining the district and its
   5-17  improvements.
   5-18                    (4)  The name of the district.
   5-19                    (5)  An affidavit as to the petitioners'
   5-20  qualifications.
   5-21        Section 325.006.  DEPOSIT.  At the time the petition is filed
   5-22  with the governing body, the petitioner shall deposit $1,000 with
   5-23  the clerk of the governing body.
   5-24        Section 325.007.  HEARING.  (a)  On presentation of the
   5-25  petition, the governing body shall set it for a hearing at a
    6-1  regular meeting or session or at a special meeting or session
    6-2  called for that purpose.  The hearing shall be held not less than
    6-3  30 nor more than 60 days from the day the petition is presented.
    6-4              (b)  The hearing shall be held at the regular meeting
    6-5  place of the governing body and may be continued from time to time
    6-6  as the governing body sees fit.
    6-7        Section 325.008.  NOTICE OF HEARING.  The governing body
    6-8  shall order its clerk to post, at least 20 days before the hearing,
    6-9  a copy of the petition with the order of the governing body, at the
   6-10  place where notices of meetings of the governing body are posted
   6-11  and to cause the notice of the hearing to be published, at least 10
   6-12  days before the date of the hearing, in a newspaper of general
   6-13  circulation in the city or county.
   6-14        Section 325.009.  HEARING.  (a)  The governing body has
   6-15  exclusive jurisdiction to hear and determine all contests,
   6-16  objections and other matters relating to creating a district and in
   6-17  all subsequent proceedings.
   6-18              (b)  Any person who may be affected by creation of the
   6-19  district may appear and contest or support the creation of the
   6-20  district, offer testimony for or against the boundaries, show that
   6-21  the proposed improvements or operations and activities would or
   6-22  would not be of any public utility and would or would not be
   6-23  practical and feasible, present evidence of the probable cost of
   6-24  the improvements and development, or present any other matter
   6-25  relating to the district.
    7-1              (c)  The governing body may adjourn the hearing from
    7-2  day to day, establish and enforce rules concerning the hearing
    7-3  including reasonable restriction on the length of time for
    7-4  individual speakers and all judgments on decisions rendered by the
    7-5  governing body are final.
    7-6        Section 325.010.  FINDINGS.  (a)  If the governing body finds
    7-7  that the conservation, development and improvement of forest
    7-8  resources by the district are feasible and practicable and of
    7-9  public benefit and utility and approves the formation of the
   7-10  district as set out in the petition, the governing body shall adopt
   7-11  a resolution or order creating the district and prescribing the
   7-12  territory to be included in the district, subject to the
   7-13  confirmation election provided for in this Act.  The district shall
   7-14  bear the name designated in the resolution or order creating the
   7-15  district and, when so created and confirmed at an election held for
   7-16  that purpose, shall have and may exercise the powers authorized by
   7-17  this Act.  All of such findings shall be recorded in the minutes of
   7-18  the governing body.
   7-19              (b)  The governing body may correct any errors in the
   7-20  petition, provided that if the governing body makes any correction
   7-21  that increases the area of land to be included in the district, the
   7-22  governing body shall order that a new notice be published and a new
   7-23  hearing be held as in the case of the filing of the petition in the
   7-24  first instance.
   7-25              (c)  If the governing body finds that the conservation,
    8-1  development and improvement of urban forests and grasslands by the
    8-2  district are unnecessary and would not be practicable or feasible
    8-3  and would not be a public benefit or utility, it shall enter these
    8-4  findings in the minutes, shall dismiss the petition and use the
    8-5  deposit to discharge the governing body's costs in considering such
    8-6  petition.  However, the dismissal of a petition does not prevent or
    8-7  conclude the presentation of a similar petition at a later date.
    8-8        Section 325.011.  APPOINTMENT OF BOARD OF COMMISSIONERS.
    8-9              (a)  Immediately following the enactment of the
   8-10  resolution or order creating a district that includes only the
   8-11  territory of the municipality or the territory of the county, the
   8-12  governing body shall appoint five commissioners who shall compose
   8-13  the district board of commissioners.
   8-14              (b)  In the event the district includes the territory
   8-15  of the municipality and its area of exterritorial jurisdiction, the
   8-16  board of commissioners shall consist of eleven commissioners.  Upon
   8-17  the creation of the district under Section 325.010, and thereafter
   8-18  on or before January 1 of the year following the publication of the
   8-19  decennial federal census, the governing body shall determine the
   8-20  total population of the city and its area of extraterritorial
   8-21  jurisdiction, as well as the population of the city.  In the event
   8-22  the area of extraterritorial jurisdiction includes more than one
   8-23  county, the governing body shall determine the population of such
   8-24  area in each county.  The governing body shall appoint, for the
   8-25  initial and succeeding terms, a total number of commissioners to
    9-1  the board of commissioners equal to the product, rounded to the
    9-2  nearest integer, of multiplying eleven by a fraction the
    9-3  denominator of which is the combined population of the city and its
    9-4  area of exterritorial jurisdiction and the numerator of which is
    9-5  the population of the city.  The commissioners court of each county
    9-6  having population in the extraterritorial jurisdiction shall
    9-7  appoint a total number of commissioners equal to the product,
    9-8  rounded to the nearest whole number, of multiplying eleven by a
    9-9  fraction the denominator of which is the combined population of the
   9-10  city and the area of extraterritorial jurisdiction and the
   9-11  numerator of which is the population of such county in the city's
   9-12  area of extraterritorial jurisdiction.  In calculating the number
   9-13  of commissioners to be appointed by a commissioners court, any
   9-14  product containing a fraction of one-half or greater shall be
   9-15  rounded to the next highest integer and any product containing a
   9-16  fraction of less than one-half shall be rounded to the next lowest
   9-17  integer.  In the event that the product of such multiplication is
   9-18  rounded to zero, the commissioners court shall not appoint a
   9-19  commissioner to the district board of commissioners.
   9-20              (c)  The terms of office of the commissioners shall be
   9-21  staggered.
   9-22              (1)  For a district that includes only the territory of
   9-23  the municipality or county, the terms of office for the initial
   9-24  appointments to a district board of commissioners shall be one year
   9-25  for three commissioners and two years for two commissioners, and
   10-1  thereafter each commissioner shall thereafter serve for two year
   10-2  terms; or until their successors are appointed and qualify.
   10-3              (2)  For a district that includes the territory of the
   10-4  municipality and its area of extraterritorial jurisdiction the
   10-5  initial appointments to a district board of commissioners shall be
   10-6  one year for six commissioners and two years for five commissioners
   10-7  and thereafter each commissioner shall thereafter serve for two
   10-8  years; or until their successors are appointed and qualify.
   10-9              (d)  Commissioners may be removed from office by a
  10-10  two-thirds vote of the commission for malfeasance or nonfeasance in
  10-11  office.
  10-12              (e)  All appointments to the board for the initial
  10-13  term, and for subsequent terms, including appointments to fill
  10-14  vacancies, shall be made by a majority vote of the governing body
  10-15  or the commissioners court, if applicable.
  10-16              (f)  Each commissioner so appointed shall be a
  10-17  qualified voter of the district.
  10-18              (g)  Each commissioner shall take an oath of office
  10-19  before the county judge or presiding officer of the city's
  10-20  governing body.
  10-21              (h)  A commissioner shall execute a bond in the amount
  10-22  of $5,000 with a corporate surety authorized to do business in this
  10-23  state conditioned on the faithful performance of his duties and
  10-24  shall file a copy of such bond with the clerk of the governing
  10-25  body.
   11-1              (i)  At its first meeting the board shall elect from
   11-2  its members a chairman, vice-chairman, secretary and such other
   11-3  officers it deems necessary and shall adopt bylaws.  The board
   11-4  shall elect officers for a term of one year each September.  The
   11-5  board shall meet at least once a month.
   11-6              (j)  The commissioners shall serve without
   11-7  compensation, but may be reimbursed for actual expenses incurred in
   11-8  their official capacity of commissioner.
   11-9        Section 325.012.  CONFIRMATION ELECTION.  (a)  After the
  11-10  original board is organized, at such time as it deems
  11-11  implementation of the district feasible, it shall call a
  11-12  confirmation and tax election in accordance with the provisions of
  11-13  this section.
  11-14              (b)  The order of the board shall provide for the
  11-15  submitting to the qualified electors the question of whether or not
  11-16        Section 325.013.  NOTICE OF ELECTION.  (a)  The board shall
  11-17  post and publish the notice of the election.
  11-18              (b)  The notice shall state
  11-19                    (1)  the time and place of holding the election;
  11-20                    (2)  the proposition or propositions to be voted
  11-21  on;
  11-22                    (3)  the notice shall contain a copy of the order
  11-23  of the board ordering the election.
  11-24        Section 325.014.  BALLOT.  The ballot shall be printed to
  11-25  provide for voting for or against the following proposition:  "The
   12-1  creation of the (         ) forest district, and the levy of a tax
   12-2  for the maintenance of the district and its improvements."
   12-3        Section 325.015.  CONDUCT OF ELECTION.  (a)  The board shall
   12-4  issue an order creating and defining precincts in the proposed
   12-5  district and shall name polling places within the precincts.
   12-6              (b)  The board shall select and appoint the judges and
   12-7  other necessary officers of election.
   12-8        Section 325.016.  CANVASS OF RETURNS AND DECLARATION OF
   12-9  RESULTS.  (a)  Immediately after the election, the election
  12-10  officers shall make returns of the result to the secretary of the
  12-11  board.
  12-12              (b)  The secretary of the board shall deliver the
  12-13  returns of the election to the board at its next regular or special
  12-14  meeting.
  12-15              (c)  At the next meeting following the election the
  12-16  board shall canvass and declare the result of the election.
  12-17              (d)  If a majority of the votes cast in the election
  12-18  favor the creation and the levy of a maintenance tax, then the
  12-19  board shall declare that the district is created, and that the levy
  12-20  of a maintenance tax is authorized and enter the result on its
  12-21  minutes.
  12-22              (e)  If a majority of votes cast in the election are
  12-23  against the creation of the district and the levy of a maintenance
  12-24  tax, the board shall declare that the district was defeated and
  12-25  enter the result in its minutes.  If the continued existence of the
   13-1  district is not confirmed by an election within three years after
   13-2  the effective date of the resolution of the governing body creating
   13-3  the district, the district shall cease to exist on the expiration
   13-4  of three years.
   13-5        Section 325.017.  TREASURER.  The treasurer of the city or
   13-6  county creating the district shall serve ex officio as the
   13-7  treasurer of the district without additional compensation.  The
   13-8  treasurer shall execute a bond with a corporate surety authorized
   13-9  to do business in Texas in the same amount as the amount required
  13-10  for the city or county treasurer.
  13-11        Section 325.018.  EMPLOYMENT.  The board of the district
  13-12  shall have control and management of the affairs of the district
  13-13  and may employ any person, firm, partnership or corporation
  13-14  considered necessary by the board for the conduct of the affairs of
  13-15  the district, including an executive director, auditors, attorneys,
  13-16  financial advisor, engineers, and architects.
  13-17        Section 325.019.  POWER.  (a)  A district shall administer
  13-18  and enforce the provisions of this Act and shall use its land and
  13-19  improvements to accomplish the purposes of this Act.
  13-20              (b)  A district shall have no general regulatory power
  13-21  except the power to establish rules governing the district's
  13-22  property and improvements.
  13-23              (c)  A district may contract with any political
  13-24  subdivision for law enforcement services or employ and commission
  13-25  its own peace officers with power to make arrests when necessary to
   14-1  prevent or abate the commission of an offense against the rules of
   14-2  the district or against state law.
   14-3              (d)  No rule or regulation under this section shall be
   14-4  effective unless it is approved by the governing body that
   14-5  established the district.  After final adoption by the Board of
   14-6  Commissioners and such governing body of any rule authorized by
   14-7  paragraph (b) or paragraph (e) of this Section, the district shall
   14-8  publish once a week for two consecutive weeks a copy of such rules
   14-9  and regulations in a newspaper of general circulation in the
  14-10  district.  Subsequent amendments to the rules and regulations shall
  14-11  be published at least once in a newspaper of general circulation in
  14-12  the district.
  14-13              (e)  The board of commissioners may set reasonable
  14-14  penalties for the breach of a district rule or regulation that may
  14-15  not exceed a fine of $200, confinement in the county jail for more
  14-16  than 30 days or both the fine and confinement.  A penalty is in
  14-17  addition to any other penalty provided by state law and may be
  14-18  enforced by a complaint filed in the appropriate court of
  14-19  jurisdiction in the county in which the offense occurred.
  14-20        Section 325.020.  GENERAL POWERS.  A district shall have, and
  14-21  the board may exercise, the following powers:
  14-22              (a)  To sue and be sued in the name of the district; to
  14-23  adopt and use a seal and authorize the use of a facsimile thereof;
  14-24  to acquire, by purchase, gift, devise, or otherwise, real and
  14-25  personal property, or any interest therein; and to make and execute
   15-1  contracts and other instruments necessary or convenient to the
   15-2  exercise of its power.
   15-3              (b)  To contract for the services of consultants to
   15-4  perform planning, engineering, legal and other appropriate
   15-5  professional services.
   15-6              (c)  To accept gifts; to apply for and use grants or
   15-7  loans of money or other property from the United States, the state,
   15-8  an agency or political subdivision of the state, or any person for
   15-9  any district purposes and enter into agreements required in
  15-10  connection therewith; and to hold, use, and dispose of such money
  15-11  or property for any district purposes in accordance with the terms
  15-12  of the gift, grant loan or agreement relating thereto.
  15-13              (d)  To adopt resolutions and orders prescribing the
  15-14  powers, duties and functions of the officers and employees of the
  15-15  district; the conduct of the business of the district; and the form
  15-16  of all other documents and records of the district.
  15-17              (e)  To maintain an office at such place or places as
  15-18  it may designate within the district.
  15-19              (f)  to hold, control, and acquire by donation,
  15-20  dedication, purchase or condemnation any public easements or
  15-21  reservations for district purposes and to accept or make use of
  15-22  such easements, dedications or reservations for any of the
  15-23  purposes.
  15-24              (g)  To lease as lessor or lessee from any person,
  15-25  firm, corporation, association or entity, public or private, any
   16-1  projects, property or facility of any nature for the use of the
   16-2  district to carry out any of the purposes authorized by this Act.
   16-3              (h)  To borrow money and issue bonds, certificates,
   16-4  warrants, notes or other evidences of indebtedness as hereinafter
   16-5  provided.
   16-6              (i)  To raise, by user charges, fees, rents and
   16-7  payments under contracts, all as authorized by resolution of the
   16-8  board, amounts of money which are necessary for the conduct of the
   16-9  district activities and to enforce their receipt and collection in
  16-10  the manner prescribed by resolution not inconsistent with law.
  16-11              (j)  To exercise the power of eminent domain to acquire
  16-12  by condemnation a fee simple or other interest in property that is
  16-13  necessary to the exercise of the authority conferred by this Act.
  16-14  The district shall exercise the power of eminent domain in the
  16-15  manner provided by Chapter 21, Property Code, but the district is
  16-16  not required to deposit in the trial court money or a bond as
  16-17  provided by subsection (a), Section 21.021, Property Code.
  16-18              (k)  To cooperate with, or contract with, other
  16-19  political subdivisions or agencies of the state as may be
  16-20  necessary, convenient, incidental, or proper in connection with any
  16-21  of the powers, duties, or purposes authorized by this Act.
  16-22              (l)  To levy and collect upon real, personal and mixed
  16-23  property ad valorem taxes for the payment of debt service on
  16-24  district bonds, notes, warrants and other evidences of indebtedness
  16-25  and for the maintenance of the district and its property, projects
   17-1  and facilities, when authorized at an election held under this Act.
   17-2              (m)  To charge, collect and enforce fees, user charges
   17-3  and other payments for the payment of debt service on district
   17-4  bonds, notes, warrants and other evidence of indebtedness and for
   17-5  the maintenance of the district and its property, projects and
   17-6  facilities.
   17-7              (n)  To levy and collect a tax for maintenance
   17-8  purposes, including funds for planning, maintaining, operating,
   17-9  repairing all district facilities, improvements, lands, vehicles
  17-10  and equipment and for paying costs of proper services, engineering,
  17-11  and legal fees, and organization and administrative expenses, when
  17-12  authorized at an election held under this Act.
  17-13              (o)  To plan, construct, operate and maintain forest
  17-14  projects for any purpose the board finds will conserve the natural
  17-15  resources of the State including, without limitation, projects to
  17-16  eliminate or minimize noise of any kind or from any source, to
  17-17  minimize and reduce the pollution resulting from storm water
  17-18  discharge into the waters of the state, to minimize and reduce air
  17-19  pollution, or to reduce the ambient air temperature in the vicinity
  17-20  of buildings and facilities.
  17-21              (p)  To establish the fiscal year of the district,
  17-22  establish an accounting system and provide for an annual audit of
  17-23  the district's affairs by an independent certified public
  17-24  accountant.
  17-25              (q)  To establish investment policies and to invest the
   18-1  funds of the district in accordance with the provisions of Chapter
   18-2  2256, Government Code.
   18-3              (r)  To establish and designate a depository in
   18-4  accordance with Chapter 105, Local Government Code.
   18-5              (s)  To exercise all the powers necessary, convenient,
   18-6  incidental or proper in connection with any of the powers, duties,
   18-7  or purposes authorized by this Act.
   18-8              (t)  To exercise such special powers as may be
   18-9  authorized by this Act.
  18-10        Section 325.021.  SPECIAL POWERS.  A district shall have, and
  18-11  the board may exercise, subject to the regulatory jurisdiction and
  18-12  permitting authority of agencies and political subdivisions of the
  18-13  state within the district's territory, any or all of the following
  18-14  special powers relating to the conservation and development of
  18-15  urban forests authorized by this Act:
  18-16              (a)  To plan, establish, acquire, construct or
  18-17  reconstruct, enlarge or extend, equip, operate and maintain forest
  18-18  projects.
  18-19              (b)  To contract with a agency or political subdivision
  18-20  of the state or private person to plan, construct, operate and
  18-21  maintain a forest project on the property of such agency or person.
  18-22              (c)  To contract with one or more agencies or political
  18-23  subdivision of the state or a private person to plan, construct,
  18-24  operate and maintain a forest project along, within or adjacent to
  18-25  public rights-of-way, easements, lakes, bays, estuaries,
   19-1  reservoirs, rivers, streams, bayous, creeks, wetlands and other
   19-2  water courses held, controlled or maintained by such agency,
   19-3  subdivision or person.
   19-4              (d)  To accept easements from an agency or political
   19-5  subdivision of the state or a private person or corporation to
   19-6  plan, construct, operate and maintain a forest project on any
   19-7  property owned by such subdivision, agency, person or corporation,
   19-8  to establish conditions and restrictions for the use of such
   19-9  easements, the location and relocation of such easements and the
  19-10  termination and modification of such easements to permit the
  19-11  relocation of any urban forest project, when the board determines
  19-12  such termination, modification or relocation to be in the public
  19-13  interest.
  19-14              (e)  To lease for use as a park, or a recreation
  19-15  facility, either or both, all or any part of a forest project for
  19-16  use by a political subdivision, provided that the forest project is
  19-17  located within the boundaries of such political subdivision.
  19-18              (f)  To enter into a contract with a political
  19-19  subdivision or agency of the state, for research and development of
  19-20  improved varieties of trees, plants and grass in urban areas.
  19-21              (g)  To enter into contracts with agencies and
  19-22  political subdivisions of the state or private person or
  19-23  corporation to plan, finance, construct, operate and maintain a
  19-24  forest project to mitigate or offset any adverse environmental
  19-25  effect on the natural resources of the state.
   20-1              (h)  To operate directly or under lease with a private
   20-2  person or corporation, facilities to provide for the service of
   20-3  food drink and lodging, if the board finds that such operation or
   20-4  lease is consistent with, and necessary to the financing of the
   20-5  development of a forest project or projects.   The board may
   20-6  restrict the construction and operation of such facilities
   20-7  including the architectural appearance of any such facility and may
   20-8  prohibit or restrict the use of signs or the lighting of such
   20-9  facilities.
  20-10        Section 325.022.  CONTRACTS, COMPETITIVE BIDDING.  In the
  20-11  awarding of contracts or purchases a district shall comply with the
  20-12  provisions of Chapter 252, Local Gov't Code.
  20-13        Section 325.023.  POWERS AND DUTIES OF OTHER GOVERNMENTAL
  20-14  ENTITIES.  (a)  An agency or political subdivision of the state may
  20-15  contract, as the governing body of the agency or political
  20-16  subdivision considers advisable, with a district in order to
  20-17  implement any provision of this Act.
  20-18              (b)  An agency or political subdivision of the state
  20-19  may lease, lend, grant or convey to a district on request any
  20-20  property, including highway, streets, or other public property,
  20-21  including an easement, that is necessary or appropriate to the
  20-22  implementation of district purposes and powers under this Act.  The
  20-23  lease, loan, grant or conveyance may be made on terms considered
  20-24  reasonable and fair by the parties and without the necessity of an
  20-25  advertisement, order of court, or any other action.
   21-1        Section 325.024.  MASTER PLAN.  (a)  A district shall prepare
   21-2  a master plan encompassing plans for the development, redevelopment
   21-3  and establishment of an urban forest program in the territory of
   21-4  the district, including plans and methods to implement forest
   21-5  projects in the district.  The master plan shall show at least the
   21-6  following information:
   21-7                    (1)  the nature and extent of the existing forest
   21-8  resources located in the district and
   21-9                    (2)  the nature and location of proposed forest
  21-10  projects which will be needed or appropriate within stated periods
  21-11  of time to establish and maintain the forest resources of the
  21-12  district.  The master plan shall be a guide for the development of
  21-13  such systems by the board and by other persons.
  21-14              (b)  Prior to the adoption of a master plan or any
  21-15  amendment, supplement or revision effecting a substantial change,
  21-16  the board shall give notice to the public that it proposes to adopt
  21-17  such master plan, amendment, supplement, or revision by causing a
  21-18  notice to be published in a newspaper of general circulation in the
  21-19  district at least ten (10) days prior to the meeting at which the
  21-20  master plan, amendment, supplement or revision to be considered is
  21-21  by the board for the first time.  A copy of such notice shall be
  21-22  transmitted to the clerk of the governing body of the city that
  21-23  created the district under this Act.
  21-24              (c)  The master plan or any amendment, supplement or
  21-25  revision may be considered at the meeting at which it is first
   22-1  considered or at any regular meeting thereafter.
   22-2              (d)  The affirmative vote of at least a majority of all
   22-3  the commissioners is required for the approval of the master plan,
   22-4  amendment, supplement or revision.
   22-5              (e)  The first master plan, as amended, revised or
   22-6  supplemented, shall be effective for a period of 10 years, and
   22-7  shall be annually revised to maintain a master plan for the next 10
   22-8  years.
   22-9        Section 325.025.  ASSESSMENTS.  (a)  In addition to the
  22-10  powers provided by Sections 325.019, 325.020 and 325.021 of this
  22-11  Act, the board of a district may undertake a forest project that
  22-12  confers a special benefit on all or a definable part of the
  22-13  district.  The board may levy and collect special assessments on
  22-14  property in that area, based on the benefit conferred by the forest
  22-15  project, to pay all or part of the cost of such project.
  22-16              (b)  A forest project on two or more streets or two or
  22-17  more types of improvements may be included in one proceeding and
  22-18  financed as one project.
  22-19              (c)  Forest projects may be financed under this Act
  22-20  after a notice of a hearing given as required by this section and a
  22-21  public hearing by the board on the advisability of the improvements
  22-22  and the proposed assessments.
  22-23              (d)  Notice of the hearing shall be given in a
  22-24  newspaper with general circulation in the county in which the
  22-25  district is located.  The final publication must be made not later
   23-1  than the 30th day before the date of the hearing.  The notice shall
   23-2  include the following information:
   23-3                    (1)  the time and place of the hearing;
   23-4                    (2)  the general nature of the proposed forest
   23-5  project;
   23-6                    (3)  the estimated cost of the improvement that
   23-7  may include interest during construction and associated financing
   23-8  costs; and
   23-9                    (4)  the proposed method of assessment.
  23-10              (e)  Written notice containing the information required
  23-11  by Subsection (d) of this section shall be mailed by certified
  23-12  mail, return receipt requested, not later than the 30th day before
  23-13  the date of the hearing.  The notice shall be mailed to each
  23-14  property owner in the district who will be subject to assessment at
  23-15  the current address of the property owner for each property to be
  23-16  assessed as reflected on the tax rolls.
  23-17              (f)  The board may appoint a hearings examiner to
  23-18  conduct the hearing, or any other hearing called by the board
  23-19  including any hearing required by Chapter 395, Local Government
  23-20  Code, who may be an employee of the district or a member of the
  23-21  district's board.  The hearing shall be conducted in accordance
  23-22  with the Administrative Procedure Act (Chapter 2001 Texas
  23-23  Government Code).
  23-24              (g)  The hearing on the forest project, whether
  23-25  conducted by the board or a hearings examiner, may be adjourned
   24-1  from time to time.  At the conclusion of the hearing, the board
   24-2  shall make findings by resolution or order relating to the
   24-3  advisability of the forest project, the nature of the forest
   24-4  project, the estimated cost, the area benefitted, the method of
   24-5  assessment, and the method and time for payment of the assessment.
   24-6  If a hearings examiner is appointed to conduct the hearing, after
   24-7  conclusion of the hearing, the hearings examiner shall file with
   24-8  the board a report stating his findings and conclusions.
   24-9              (h)  The area of the district to be assessed according
  24-10  to the findings of the board may be any part of the district and
  24-11  may be less than the area proposed in the notice of the hearing.
  24-12  The owner of improvements constructed after the district has
  24-13  imposed assessments may waive the right to notice and an assessment
  24-14  hearing and may agree to the imposition and payment of assessments
  24-15  at an agreed rate for such improvements.
  24-16              (i)  At the hearing on proposed assessments, at any
  24-17  adjournment of the hearing, or after consideration of the hearings
  24-18  examiner's report, the board shall hear and rule on all objections
  24-19  to each proposed assessment.  The board may amend proposed
  24-20  assessments for any parcel.  After all objections have been heard
  24-21  and action has been taken with regard to those objections, the
  24-22  board, by the order or resolution, shall levy the assessments as
  24-23  special assessments on the property, and shall specify the method
  24-24  of payment of the assessments and may provide that those
  24-25  assessments be paid in periodic installments, including interest.
   25-1  Periodic installments shall meet annual costs for improvements as
   25-2  provided by Subsection (j) of this section and shall continue for
   25-3  the number of years required to retire indebtedness or pay for the
   25-4  cost of the project.  The board may provide interest charges or
   25-5  penalties for failure to make timely payment and also may levy an
   25-6  amount to cover delinquencies and expenses of collection.  If
   25-7  assessments are levied for more than one forest project, the board
   25-8  may provide that assessments collected for one special forest
   25-9  project may be borrowed to be used for another forest project.  The
  25-10  board shall establish a procedure for the distribution or use of
  25-11  assessments, if any, in excess of those needed to finance the
  25-12  project for which those assessments were collected.
  25-13              (j)  The portion of the cost of a forest project to be
  25-14  assessed against the property in the district shall be apportioned
  25-15  by the board based on the special benefits accruing to the property
  25-16  because of the improvement project or services.  The cost may be
  25-17  assessed:
  25-18                    (1)  equally per front foot or per square foot of
  25-19  land area against all property in the district;
  25-20                    (2)  against property according to the value of
  25-21  the
  25-22                    (3)  on the basis of any other reasonable
  25-23  assessment plan that results in imposing fair and equitable shares
  25-24  of the cost on property similarly benefitted.
  25-25              (k)  Payment of assessments by municipalities,
   26-1  counties, political subdivisions, and organizations exempt from
   26-2  federal income tax under Section 501(c)(3), Internal Revenue Code
   26-3  of 1986, if any, shall be established by contract.  Municipalities,
   26-4  counties, and political subdivisions may contract with the district
   26-5  under terms and conditions as those entities consider advisable to
   26-6  provide for the payment of assessments.
   26-7              (l)  The board may exempt residential property from all
   26-8  or a part of the assessments levied on that property or determine
   26-9  that residential property will not be benefitted by the proposed
  26-10  project or services.
  26-11              (m)  If the total cost of a forest project is
  26-12  determined, the board shall levy the assessments against each
  26-13  parcel of land against which an assessment may be levied in the
  26-14  district.  With regard to an assessment for services, the board may
  26-15  levy an annual assessment that may be lower but not higher than the
  26-16  initial assessment.  The board shall have an assessment roll
  26-17  prepared showing the assessments against each property and the
  26-18  board's basis for the assessment.  The assessment roll shall be
  26-19  filed with the secretary of the board.
  26-20              (n)  Assessments bear interest at a rate specified by
  26-21  the board that may not exceed the interest rate permitted by
  26-22  Chapter 3, Acts of the 61st Legislature, Regular Session, 1969
  26-23  (Article 717k-2, Vernon's Texas Civil Statutes).  Interest on an
  26-24  assessment between the effective date of the order or resolution
  26-25  levying the assessment and the date the first installment and any
   27-1  related penalty is payable shall be added to the first installment.
   27-2  The interest or penalties on all unpaid installments shall be added
   27-3  to the first installment.  The interest or penalties on all unpaid
   27-4  installments shall be added to each subsequent installment until
   27-5  paid.  An assessment or any reassessment and any interest and
   27-6  penalties on that assessment or reassessment is a lien against the
   27-7  property until it is paid.  The owner of any property assessed may
   27-8  pay at any time the entire assessment against any lot or parcel
   27-9  with accrued interest to the date of the payment.
  27-10              (o)  After notice and hearing in the manner required
  27-11  for original assessments, the board may make supplemental
  27-12  assessments to correct omissions or mistakes in the assessment
  27-13  relating to the total cost of the forest project or to cover
  27-14  delinquencies or costs of collection.
  27-15              (p)  After determination of an assessment, a property
  27-16  owner may appeal the assessment to the board.  The property owner
  27-17  must file a notice of appeal with the board not later than the 30th
  27-18  day after the date that the assessment is adopted.  The board shall
  27-19  set a date to hear the appeal.  The property owner may appeal the
  27-20  board's decision on the assessment to a court of competent
  27-21  jurisdiction.  The property owner must file notice of the appeal
  27-22  with the court of competent jurisdiction not later than the 30th
  27-23  day after the date of the board's final decision with respect to
  27-24  the assessment.  Failure to file either of the notices in the time
  27-25  required by this subsection results in a loss of the right to
   28-1  appeal the assessment.
   28-2              (q)  If an assessment against a parcel of land is set
   28-3  aside by a court of competent jurisdiction, found excessive by the
   28-4  board, or determined to be invalid by the board, the board may make
   28-5  a reassessment or new assessment of the parcel.
   28-6        Section 325.026.  BONDS.  (a)  A district is authorized to
   28-7  issue its bonds in three general classes.
   28-8                    (1)  Bonds secured by ad valorem taxes.
   28-9                    (2)  Bonds secured by a pledge of all or part of
  28-10  the revenues accruing to a district, including without limitation,
  28-11  those received from a forest project, assessments, rendition of
  28-12  service, charges, rents, leases, or payments made under a contract
  28-13  and from all other sources other than ad valorem taxes.
  28-14                    (3)  Bonds secured by a combination pledge of all
  28-15  or part of the sources described in paragraph (1) and (2) above.
  28-16              (b)  A district may issue, sell and deliver its bonds,
  28-17  from time to time, and in such amounts as it considers necessary or
  28-18  appropriate for the purpose of carrying out any power or authority
  28-19  conferred by this Act, including the acquisition, purchase,
  28-20  construction, development, improvement, enlargement or extension of
  28-21  any forest project.
  28-22              (c)  The bonds must be in the form and denomination,
  28-23  payable at one or more places, and executed or authenticated in the
  28-24  manner determined by the commission.
  28-25              (d)  If an officer whose signature or a facsimile of
   29-1  whose signature appears on the bonds ceases to serve in that office
   29-2  before the delivery of and payment for the bonds, the signature or
   29-3  facsimile is valid and sufficient for all purposes as if the
   29-4  officer had remained in office until delivery and payment.
   29-5              (e)  The bonds may be sold at public or private sale as
   29-6  the board consider advantageous.
   29-7              (f)  The bonds must bear interest and be issued in
   29-8  accordance with applicable provisions of Chapter 3, Acts of the
   29-9  61st Legislature, Regular Session, 1969 (Article 717k-2, Vernon's
  29-10  Texas Civil Statutes) and Chapter 845, Acts of the 67th
  29-11  Legislature, Regular Session, 1981 (Article 717k-6, Vernon's Texas
  29-12  Civil Statutes).
  29-13              (g)  Provisions may be made for the subsequent issuance
  29-14  of additional parity bonds, superior lien bonds or subordinate lien
  29-15  bonds under any terms that may be set for the indenture, resolution
  29-16  or order authorizing the issuance of the bonds.
  29-17              (h)  The board shall use the proceeds from the sale of
  29-18  bonds of cash issues for the payment of all or part of the cost of
  29-19  the project or projects for which the bonds were issued and shall
  29-20  disburse the proceeds in the manner and under such restrictions, if
  29-21  any, provided in the bond indenture, resolution, or order
  29-22  authorizing the issuance of the bonds.  The proceeds may also be
  29-23  used for:
  29-24                    (1)  paying all costs incurred in issuing the
  29-25  bonds;
   30-1                    (2)  paying interest on the bonds during or after
   30-2  the period of the acquisition or construction of any improvement to
   30-3  be provided through the issuance of the bonds;
   30-4                    (3)  creating a reserve fund for the payment of
   30-5  the principal of and interest on the bonds; and
   30-6                    (4)  creating any other funds.
   30-7              (i)  The proceeds of the bonds may be placed on time
   30-8  deposit or invested until needed in securities, to the extent and
   30-9  in the manner provided by the bond indenture, order or resolution.
  30-10              (j)  Before delivery, the board shall submit the bonds,
  30-11  notes and records relating to their issuance to the attorney
  30-12  general for examination.  If the bonds recite that they are secured
  30-13  by a pledge of revenues, fees, charges or rentals from a contract,
  30-14  lease, or agreement, the board shall submit to the attorney general
  30-15  for approval with the bonds a copy of the contract, lease or
  30-16  agreement.  If the attorney general finds that the bonds have been
  30-17  issued in accordance with the constitution and this Act, and that
  30-18  any contract, lease or agreement submitted with the bonds is
  30-19  authorized under law, the attorney general shall approve them, and
  30-20  the comptroller shall register them.  After approval and
  30-21  registration, the bonds and notes, and the contract, lease or
  30-22  agreement, are incontestable for any cause.
  30-23              (k)  A pledge, mortgage, or agreement made for the
  30-24  benefit or security of the bonds of a district is effective until
  30-25  the payment in full of the principal and interest on those bonds.
   31-1              (l)  If not prohibited by the indenture, order or
   31-2  resolution relating to outstanding bonds, the district may encumber
   31-3  separately any item of district property, including vehicles,
   31-4  machinery or other equipment.  A district may acquire, use, hold or
   31-5  contract for that property under a lease arrangement, chattel
   31-6  mortgage or conditional sale.
   31-7              (m)  A district may encumber any part of the district's
   31-8  property or facilities for the purpose of purchasing, building,
   31-9  construction, enlarging, extending, repairing or reconstructing
  31-10  another part of the district's property or facilities and
  31-11  purchasing property for those purposes.
  31-12              (n)  A lien on or pledge of revenues or funds
  31-13  established in connection with bonds issued under this Act is valid
  31-14  and enforceable from the time of payment for and delivery of the
  31-15  bonds authorized by the indenture, resolution, or order of the
  31-16  board creating or confirming the lien or pledge.  The lien or
  31-17  pledge is effective as to items in the possession of the district
  31-18  or subsequently received by the district, and the items are subject
  31-19  to the lien or pledge without physical delivery of the items or
  31-20  further act.  The lien or pledge is valid and enforceable against
  31-21  any party having any claim against the district, whether or not the
  31-22  party has notice of the lien or pledge.  An indenture, resolution,
  31-23  order authorizing the issuance of bonds under this Act, or any
  31-24  other instrument by which the lien or pledge is created or
  31-25  confirmed must be filed or recorded only in the regular records of
   32-1  the county.
   32-2              (o)  Any bonds issued pursuant to this Act may be
   32-3  refunded or otherwise refinanced by the issuance of refunding bonds
   32-4  for that purpose, under any terms or conditions determined by
   32-5  indenture, resolution, or order of the board.  Refunding bonds may
   32-6  be issued in amounts necessary to pay the principal, interest, and
   32-7  redemption premium, if any, of bonds to be refunded, at maturity or
   32-8  on any redemption date, and to provide for the payment of all costs
   32-9  incurred in retiring the bonds to be refunded.  The refunding bonds
  32-10  must be issued in the manner provided by general law, including
  32-11  Chapter 503, Acts of the 54th Legislature, 1955 (Article 717k,
  32-12  Vernon's Texas Civil Statutes), and Chapter 784, Acts of the 61st
  32-13  Legislature, Regular Session, 1969 (Article 717k-3, Vernon s Texas
  32-14  Civil Statutes).
  32-15              (p)  Before the preparation of definitive bonds, a
  32-16  district may issue interim bonds exchangeable for definitive bonds
  32-17  when the definitive bonds are available for delivery.
  32-18              (q)  District bonds and notes are legal and authorized
  32-19  investments for banks, savings banks, trust companies, building and
  32-20  loan associations, savings and loan associations, and insurance
  32-21  companies and may secure the deposit of any public funds of the
  32-22  state, a municipality, a county, a school district, or any other
  32-23  political subdivision of the state.  The bonds and notes are lawful
  32-24  and sufficient security for those deposits to the extent of the
  32-25  principal bond amount or their value on the market, whichever is
   33-1  less, when accompanied by all related unmatured coupons.
   33-2              (r)  A district, acting by board order or resolution,
   33-3  may issue short-term bonds secured by district revenues or ad
   33-4  valorem taxes for any lawful purpose and in the manner provided by
   33-5  Chapter 656, Acts of the 68th Legislature, 1983 (Article 717q,
   33-6  Vernon's Texas Civil Statutes).
   33-7              (s)  The bonds are negotiable instruments and
   33-8  investment securities governed by Chapter 8, Business & Commerce
   33-9  Code.
  33-10              (t)  A district may fulfill the terms of any contract
  33-11  or agreement, including a credit agreement, made with the holders
  33-12  of bonds or with any person on their behalf.
  33-13              (u)  A district shall have the power to issue bonds
  33-14  from time to time, payable from and secured by a pledge of the
  33-15  revenues, proceeds or payments that will accrue to or be received
  33-16  by the district under contracts or agreements with any person or
  33-17  political subdivision of the state.  Bonds may be issued secured
  33-18  solely by such pledge, and bonds may be issued secured not only by
  33-19  such pledge but also by pledges of other district revenues,
  33-20  mortgages and encumbrances of district property and, when
  33-21  authorized at an election held under this section of this Act, by
  33-22  ad valorem taxes.  A district may combine the revenues payable
  33-23  under several contracts into a fund and issue bonds secured by a
  33-24  pledge and lien on the revenues of such fund.
  33-25              (v)  Bonds payable solely from revenues may be issued
   34-1  by resolution or order of the board, but no bonds, except refunding
   34-2  bonds, payable wholly or partially from ad valorem taxes shall be
   34-3  issued until authorized by a majority vote of the resident electors
   34-4  of the district voting in an election called and held for that
   34-5  purpose.
   34-6              (w)  Notice of a tax bond election shall be given as
   34-7  provided for in a confirmation election and the notice shall
   34-8  contain the proposition or propositions to be voted upon, and shall
   34-9  distinctly specify the purpose for which the bonds are to be
  34-10  issued, the amount thereof, the levy of taxes sufficient to pay the
  34-11  principal and interest on the bonds and the length of time the
  34-12  bonds are to run.  A bond election may be held on the same day as
  34-13  the confirmation election.  If a majority of the votes cast at the
  34-14  election are in favor of the issuance of the bonds, the bonds may
  34-15  be issued by the board if the confirmation election results
  34-16  favorably to the confirmation of the district.
  34-17              (x)  At any election to authorize bonds payable wholly
  34-18  from taxes the ballots shall be printed to provide for voting for
  34-19  or against the proposition:  "The issuance of bonds and the levy of
  34-20  taxes in payment of the bonds."
  34-21        (2)  At any election to authorize bonds payable from both ad
  34-22  valorem taxes and revenues, the ballots shall be printed to provide
  34-23  voting for or against:  "The issuance of bonds and the pledge of
  34-24  revenues and the levy of ad valorem taxes adequate to provide for
  34-25  the payment of the bonds."
   35-1              (a)  At the time bonds payable in whole or in part from
   35-2  ad valorem taxes are issued, the board shall levy a continuing
   35-3  direct ad valorem tax for each year while all or part of the bonds
   35-4  are outstanding on all taxable property within the district in an
   35-5  amount sufficient to pay the interest on the bonds as it comes due
   35-6  and to create a sinking fund for the payment of the principal of
   35-7  the bonds when due or the redemption price at any earlier required
   35-8  redemption date and to pay the expenses of assessing and collecting
   35-9  the taxes.
  35-10              (b)  The collector of district ad valorem taxes shall
  35-11  be the county tax/assessor collector of the county having the
  35-12  largest population in which a district is situated.
  35-13        Section 325.027.  TAX LIMITS
  35-14              The maximum rate of tax that a district may levy for
  35-15  any year for all purposes is ten (10) cents on each $100 of taxable
  35-16  property."
  35-17  Section 2.
  35-18        Subdivision (1), Section 1 of Article 717q Vernon's Texas
  35-19  Civil Statutes is amended to read as follows:
  35-20              (1)  "Issuer" means (A) any incorporated city operating
  35-21  under a home-rule charter adopted pursuant to Article XI, Section
  35-22  5, of the Constitution of Texas having a population according to
  35-23  the latest federal decennial census of 90,000 or more and having
  35-24  outstanding long-term debt secured by the revenues of the public
  35-25  utility for which the obligations are being issued which is rated
   36-1  by a nationally recognized rating agency for municipal securities
   36-2  in one of the four highest rating categories for long-term
   36-3  obligations; (b) any conservation and reclamation district created
   36-4  and organized as a river authority under and pursuant to Article
   36-5  III, Section 52, or Article XVI, Section 59, of the Constitution of
   36-6  Texas and by an act of the legislature of the State of Texas; (C)
   36-7  any joint powers agency organized and operating pursuant to Chapter
   36-8  166, Acts of the 63rd Legislature, Regular Session, 1973 (Article
   36-9  1435a, Revised Statutes); (D) any metropolitan rapid transit
  36-10  authority or regional transportation authority created, organized,
  36-11  and operating pursuant to Chapter 141, acts of the 63rd
  36-12  Legislature, Regular Session, 1973 (Article 1118x, Revised
  36-13  Statutes) or Chapter 683, Acts of the 66th Legislature, Regular
  36-14  Session, 1979 (Article 118y, Revised Statutes); (E) any
  36-15  conservation and reclamation district organized or operating as a
  36-16  navigation district under and pursuant to Article III, Section 52,
  36-17  or Article XVI, Section 59, of the Constitution of Texas; (F) any
  36-18  district organized or operating under and pursuant to Article XVI,
  36-19  Section 59, of the Constitution of Texas which has all or part of
  36-20  two or more incorporated cities within its boundaries; (G) agencies
  36-21  of the State of Texas (including the governing boards of the state
  36-22  institutions of higher eduction); <and> (H) any hospital authority in
  36-23  a county with a population of more than 2 million, according to the
  36-24  most recent federal census, that was created or is operating under
  36-25  the Hospital Authority Act (Article 4137e, Vernon's Texas Civil
   37-1  Statutes) or the County Hospital Authority Act (Article 449r,
   37-2  Vernon's Texas Civil Statutes) and (I) any forest district created
   37-3  under the provisions of Chapter 325, Local Government Code.
   37-4  Section 3.
   37-5        Emergency The importance of this legislation and the crowded
   37-6  condition of the calendars in both houses create an emergency and
   37-7  an imperative public necessity that the constitutional rule
   37-8  requiring bills to be read on three several days in each house be
   37-9  suspended, and this rule is hereby suspended, and that this Act
  37-10  take effect and be in force from and after its passage, and it is
  37-11  so enacted.