By Smithee                                            H.B. No. 3228
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the creation of economic development districts in
    1-3  certain counties; authorizing certain taxes.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Title 44, Revised Statutes, is amended by adding
    1-6  Article 2370d-11 to read as follows:
    1-7          ART. 2370D-11 COUNTY ECONOMIC DEVELOPMENT DISTRICTS
    1-8                    ARTICLE I.  GENERAL PROVISIONS
    1-9        Sec. 1.01.  SHORT TITLE.  This Act may be cited as the County
   1-10  Economic Development District Act.
   1-11        Sec. 1.02.  LEGISLATIVE INTENT.  The intent of the
   1-12  Legislature is to further the public purpose of developing and
   1-13  diversifying the economy of the state by providing incentives for
   1-14  the location and development of projects in certain counties to
   1-15  attract visitors and tourists.
   1-16        Sec. 1.03.  LEGISLATIVE FINDINGS.  The legislature finds
   1-17  that:
   1-18              (1)  certain counties in Texas are in need of
   1-19  incentives for the development of public improvements to attract
   1-20  visitors and tourists to such counties, and that such counties are
   1-21  at a disadvantage in competing with counties in other states for
   1-22  the location and development of projects that attract visitors and
   1-23  tourists by virtue of the availability and prevalent use in other
    2-1  states of financial incentives;
    2-2              (2)  that the means and measures authorized by this Act
    2-3  are in the public interest and serve a public purpose of the state
    2-4  in promoting the economic welfare of the citizens of the state by
    2-5  providing incentives for the location and development in certain
    2-6  Texas counties of projects that attract visitors and tourists and
    2-7  that result in employment and economic activity; and
    2-8              (3)  the creation of county economic development
    2-9  districts is essential to the accomplishment of Article III,
   2-10  Section 52-2, Texas Constitution and to the accomplishment of the
   2-11  other public purposes stated in this Act and further serves the
   2-12  purpose of Article XVI, Section 59, and Article III, Section 52,
   2-13  Texas Constitution.
   2-14        Sec. 1.04.  DEFINITIONS.  In this Act:
   2-15              (1)  "District" means a county economic development
   2-16  district created under this Act.
   2-17              (2)  "Board" means the board of directors of the
   2-18  district.
   2-19              (3)  "Director" means a member of the board.
   2-20              (4)  "Commissioners court" means the governing body of
   2-21  the county in which the district is located.
   2-22              (5)  "County" means the county in which the district is
   2-23  located.
   2-24              (6)  "Project" means the land, buildings, equipment,
   2-25  facilities, and improvements found by the board of directors to be
    3-1  required or suitable for use for entertainment, tourist,
    3-2  convention, public park, professional and amateur sports, and
    3-3  athletic purposes and events, including auditoriums, arenas,
    3-4  coliseums, conventions centers, amphitheaters, concert halls, Texas
    3-5  heritage and learning centers, parks and park facilities, open
    3-6  space improvements, public buildings, museums, exhibition
    3-7  facilities, stadiums, and ball parks (either or all) that serve the
    3-8  purpose of attracting visitors and tourists to the county, and
    3-9  related store, restaurant, concession, and automobile parking
   3-10  facilities, related area transportation facilities, including
   3-11  trams, monorails, and other forms of transportation, and related
   3-12  roads, streets, and water and sewer facilities, and other related
   3-13  improvements that enhance any of those items.
   3-14              (7)  "Cost" as applied to a project means the cost of
   3-15  acquisition, construction, reconstruction, improvement, and
   3-16  expansion, maintenance, and operation, including the cost of the
   3-17  acquisition of all land, rights-of-way, property rights, easements,
   3-18  and interests, the cost of all machinery and equipment, financing
   3-19  charges, inventory, raw materials and other supplies, research and
   3-20  development costs, interest, whether or not capitalized, necessary
   3-21  reserve funds, cost of estimates and of design, architectural,
   3-22  engineering and legal services, plans, specifications, surveys,
   3-23  estimates of cost and of revenue, other expenses necessary or
   3-24  incident to determining the feasibility and practicability of
   3-25  acquiring, constructing, reconstructing, improving, and expanding
    4-1  any such project, administrative expense and such other expense as
    4-2  may be necessary or incident to the acquisition, construction,
    4-3  reconstruction, improvement, and expansion thereof, and the
    4-4  financing or refinancing of any such project, including the
    4-5  refunding of any outstanding obligations, mortgages, or advances
    4-6  issued, made, or given by any person for any of the aforementioned
    4-7  costs.
    4-8              (8)  "Comptroller" means the Texas Comptroller of
    4-9  Public Accounts.
   4-10              (9)  "User" means an individual, partnership,
   4-11  corporation, or any other private entity, whether organized for
   4-12  profit or not for profit, or a city, county, district, or any other
   4-13  political subdivision, public entity, or agency of the state or
   4-14  federal government.
   4-15              (10)  "Developer of property in the district" means any
   4-16  person who owns land or an interest in land located within a
   4-17  district and who has divided or proposes to divide the land into
   4-18  two or more parts or lease such land or interest in land for the
   4-19  purpose of laying out any subdivision of any tract of land or any
   4-20  addition to any town or city, or for laying out suburban lots or
   4-21  building lots, and streets, alleys, or parks or other portions
   4-22  intended for public use or for the use of purchasers or owners of
   4-23  lots fronting thereon or adjacent thereto.
   4-24              (11)  "Bonds" means bonds, notes, and other
   4-25  obligations.
    5-1              (12)  "Taxing entity" means the state, a municipality,
    5-2  a county, or other political subdivision, but shall not mean a
    5-3  school district.
    5-4        Sec. 1.05.  COUNTIES AUTHORIZED TO CREATE DISTRICTS.  The
    5-5  commissioners court in a county with a population of not less than
    5-6  75,000 and not more than 400,000 according to the most recent
    5-7  federal decennial census may, upon petition of the owners of land
    5-8  in a proposed county, commence the creation of a county economic
    5-9  development district.  The creation of the district is subject to a
   5-10  confirmation election held as provided by Article 2 of this Act.
   5-11                   ARTICLE 2.  CREATION OF DISTRICTS
   5-12        Sec. 2.01.  PETITION OF LANDOWNERS.  To create a district, a
   5-13  petition requesting creation shall be filed with the county
   5-14  commissioners court of the county in which all of the land in the
   5-15  proposed district is located.  The petition shall be signed by the
   5-16  developer of land in the district and shall be accompanied by a
   5-17  sworn statement indicating consent to creation signed by the
   5-18  holders of fee simple title of all of the land within the proposed
   5-19  district.
   5-20        Sec. 2.02.  CONTENTS OF PETITION.  The petition shall:
   5-21              (1)  describe the boundaries of the proposed district
   5-22  by metes and bounds or by lot and block number, if there is a
   5-23  recorded map or plat and survey of the area;
   5-24              (2)  include a name of the district which shall include
   5-25  the name of the county followed by the words Economic Development
    6-1  District No. ___;
    6-2              (3)  include the names of five persons who are willing
    6-3  and qualified to serve as temporary directors of the proposed
    6-4  district;
    6-5              (4)  state the general nature of the work proposed to
    6-6  be done and the cost of the project as then estimated by the
    6-7  petitioner; and
    6-8              (5)  state the necessity and feasibility of the
    6-9  proposed district and whether the district will serve the public
   6-10  purpose of attracting visitors and tourists to the county.
   6-11        Sec. 2.03.  HEARING ON PETITION.  Not later than the 60th day
   6-12  after the date a petition is received, the commissioners court
   6-13  shall fix a date, time, and place at which the petition shall be
   6-14  heard and shall issue notice of the date, time, place, and subject
   6-15  matter of the hearing.  The notice shall inform all persons of
   6-16  their right to appear and present evidence and testify for or
   6-17  against the creation of the district.
   6-18        Sec. 2.04.  NOTICE OF HEARING.  At least 30 days before the
   6-19  date set for the hearing, notice of the hearing shall be mailed to
   6-20  the developer who signed the petition and the landowner of all the
   6-21  land in the district and shall be published in a newspaper with
   6-22  general circulation in the county in which the proposed district is
   6-23  located.
   6-24        Sec. 2.05.  HEARING.  At the hearing, the commissioners court
   6-25  shall examine the petition to ascertain its sufficiency, and any
    7-1  person interested may appear before the commission to offer
    7-2  testimony on the sufficiency of the petition and whether or not the
    7-3  district should be created.
    7-4        Sec. 2.06.  GRANTING OR REFUSING PETITION.  (a)  After the
    7-5  hearing, if it is found that the petition conforms to the
    7-6  requirements of Section 2.02 of this Act and that the creation of
    7-7  the district and the proposed project is feasible and necessary and
    7-8  would serve the public purpose of attracting visitors and tourists
    7-9  to the county, the commissioners court shall so find and enter an
   7-10  order creating the district.
   7-11        (b)  If the commissioners court finds that the petition does
   7-12  not conform to the requirements of Section 2.02 of this Act or that
   7-13  the creation of the district and the proposed project is not
   7-14  feasible and necessary and would not serve the purpose of
   7-15  attracting visitors and tourists to the county, the commissioners
   7-16  court shall so find by its order and deny the petition.
   7-17        Sec. 2.07.  TEMPORARY DIRECTORS.  If the commissioners court
   7-18  grants the petition, it shall appoint to serve as temporary
   7-19  directors of the district five persons who are qualified under this
   7-20  Act to serve as directors.
   7-21        Sec. 2.08.  VACANCY IN OFFICE.  A vacancy in the office of
   7-22  temporary director shall be filled by appointment by the
   7-23  commissioners court.
   7-24        Sec. 2.09.  QUALIFICATION OF TEMPORARY DIRECTORS.  Each
   7-25  temporary director shall execute a bond in accordance with the
    8-1  provisions of Section 3.14 of this Act and shall take an oath of
    8-2  office, and the board shall meet and organize.
    8-3        Sec. 2.10.  CONFIRMATION AND SALES AND USE TAX ELECTION.  The
    8-4  temporary board of directors shall conduct an election within the
    8-5  boundaries of the district to confirm the creation of the district
    8-6  and authorize a sales and use tax in conformity with this Act.
    8-7        Sec. 2.11.  ELECTION ORDER.  An order calling an election
    8-8  under Section 2.10 of this Act must state:
    8-9              (1)  the nature of the election, including the
   8-10  proposition that is to appear on the ballot;
   8-11              (2)  the date of the election;
   8-12              (3)  the hours during which the polls will be open;
   8-13              (4)  the location of the polling places; and
   8-14              (5)  the proposed rate of the sales and use tax for the
   8-15  district.
   8-16        Sec. 2.12.  NOTICE.  The temporary directors shall give
   8-17  notice of the confirmation and sales and use tax election by
   8-18  publishing a substantial copy of the election order in a newspaper
   8-19  with general circulation in the county in which the proposed
   8-20  district is located once a week for two consecutive weeks.  The
   8-21  first publication must appear at least 14 days before the date set
   8-22  for the election.
   8-23        Sec. 2.13.  CONDUCT OF ELECTION.  (a)  The election shall be
   8-24  held in accordance with the provisions of the Election Code, to the
   8-25  extent not inconsistent with this Act.
    9-1        (b)  The ballot shall be printed to permit voting for or
    9-2  against the proposition:  "The creation of ___________ County
    9-3  Economic Development District No. ____ and the adoption of a
    9-4  proposed local sales and use tax rate of ____ (the rate specified
    9-5  in the election order) to be used for the promotion and development
    9-6  of tourism."
    9-7        Sec. 2.14.  RESULTS OF ELECTION.  (a)  After the confirmation
    9-8  and sales and use tax election, the presiding judge shall make
    9-9  returns of the result to the temporary board of directors.  The
   9-10  temporary board of directors shall canvass the returns and declare
   9-11  the results.
   9-12        (b)  If a majority of the votes cast in the election favor
   9-13  the creation of the district and the adoption of the sales and use
   9-14  tax, then the temporary board shall declare that the district is
   9-15  created and shall declare the amount of the local sales and use tax
   9-16  adopted and enter the result on its minutes.  If a majority of the
   9-17  votes cast in the election are against the creation of the district
   9-18  and the adoption of the sales and use tax, the temporary board
   9-19  shall declare that the proposition to create the district was
   9-20  defeated and enter the result in its minutes.
   9-21        (c)  A certified copy of the minute order declaring that the
   9-22  district is created and the local sales and use tax adopted and
   9-23  including the rate of the sales and use tax, or declaring that the
   9-24  proposition to create the district was defeated, shall be sent to
   9-25  the commissioners court, the Comptroller, and any taxing entity by
   10-1  certified or registered mail.  Such order also shall show:
   10-2              (1)  the date of the election;
   10-3              (2)  the proposition on which the vote was held;
   10-4              (3)  the total number of votes cast for or against the
   10-5  proposition; and
   10-6              (4)  the number of votes by which the proposition was
   10-7  approved.
   10-8                  ARTICLE 3.  DISTRICT ADMINISTRATION
   10-9        Sec. 3.01.  BOARD OF DIRECTORS.  (a)  A district is governed
  10-10  by a board of five directors appointed by the county commissioners
  10-11  of the county in which the district is located.  The temporary
  10-12  directors appointed under Section 2.07 of this Act shall become
  10-13  permanent directors of the district provided that the creation of
  10-14  the district is confirmed at the confirmation election.
  10-15        (b)  Directors serve staggered four-year terms that expire
  10-16  September 1.  Following confirmation of the district at the
  10-17  election, the temporary directors shall draw lots to determine:
  10-18              (1)  the two directors to serve terms that expire on
  10-19  September 1 of the second year following creation of the district;
  10-20  and
  10-21              (2)  the three directors to serve terms that expire on
  10-22  September 1 of the fourth year following creation of the district.
  10-23        Sec. 3.02.  QUALIFICATIONS FOR DIRECTORS.  To be qualified to
  10-24  serve as a director, a person shall be at least 21 years old, a
  10-25  resident citizen of the state of Texas, and a qualified voter
   11-1  within the county in which the district is located.
   11-2        Sec. 3.03.  PERSONS DISQUALIFIED FROM SERVING.  (a)  A person
   11-3  is disqualified from serving as a director if:
   11-4              (1)  he is related within the third degree of affinity
   11-5  or consanguinity, as determined under Chapter 573, Government Code,
   11-6  to a developer of property in the district, any other member of the
   11-7  board of directors of the district, or the manager, engineer, or
   11-8  attorney for the district;
   11-9              (2)  he is an employee of any developer of property in
  11-10  the district or any director, manager, engineer, or attorney for
  11-11  the district;
  11-12              (3)  he is a developer of property in the district; or
  11-13              (4)  he is serving as an attorney, consultant,
  11-14  engineer, manager, architect, or in some other professional
  11-15  capacity for the district or a developer of property in the
  11-16  district in connection with the district or property located in the
  11-17  district.
  11-18        (b)  Within 60 days after the board of directors determines a
  11-19  relationship or employment which constitutes a disqualification
  11-20  under Subsection (a) of this section, it shall petition the
  11-21  commissioners court to replace the director with a person who would
  11-22  not be disqualified.
  11-23        (c)  Any person who willfully occupies an office as a
  11-24  director and exercises the powers and duties of that office when
  11-25  disqualified under the provisions of Subsection (a) of this section
   12-1  is guilty of a misdemeanor, and on conviction, shall be fined not
   12-2  less than $100 nor more than $1,000.
   12-3        (d)  Any rights obtained by any third party through official
   12-4  action of the board of directors are not impaired or affected by
   12-5  the disqualification under this section of any director to serve,
   12-6  provided that the third party had no knowledge at the time the
   12-7  rights were obtained of the fact that the director was disqualified
   12-8  to serve.
   12-9        Sec. 3.04.  VACANCIES ON THE BOARD.  A vacancy in the office
  12-10  of director shall be filled by appointment of the commissioners
  12-11  court.
  12-12        Sec. 3.05.  BOARD POSITION NOT CIVIL OFFICE OF EMOLUMENT.  A
  12-13  position on the board may not construed to be a civil office of
  12-14  emolument for any purpose, including those purposes described by
  12-15  Article XVI, Section 40, of the Texas Constitution.
  12-16        Sec. 3.06.  REMOVAL OF DIRECTOR.  The governing body of the
  12-17  commissioners court, after notice and hearing, may remove a
  12-18  director for misconduct or failure to carry out the director's
  12-19  duties on petition by a majority of the remaining directors.
  12-20        Sec. 3.07.  ORGANIZATION OF BOARD.  After each appointment of
  12-21  directors by the commissioners court, and after the directors have
  12-22  qualified by taking the proper oath, they shall organize by
  12-23  electing a president, a vice president, a secretary, and any other
  12-24  officers as in the judgment of the board are considered necessary.
  12-25        Sec. 3.08.  QUORUM; OFFICERS' DUTIES.  (a)  Three directors
   13-1  shall constitute a quorum and a concurrence of three shall be
   13-2  sufficient in all matters pertaining to the business of the
   13-3  district.
   13-4        (b)  The president shall preside at all meetings of the board
   13-5  and shall be the chief executive officer of the district.  The vice
   13-6  president shall act as president in case of the absence or
   13-7  disability of the president.
   13-8        (c)  The secretary shall act as president if both the
   13-9  president and vice president are absent or disabled.  The secretary
  13-10  shall act as secretary of the board of directors and shall be
  13-11  charged with the duty of seeing that all records and books of the
  13-12  district are properly kept.
  13-13        (d)  The board may appoint another director, the general
  13-14  manager, or any employee as assistant or deputy secretary to assist
  13-15  the secretary and any such person shall be entitled to certify as
  13-16  to the authenticity of any record of the district, including all
  13-17  proceedings relating to bonds, contracts, or indebtedness of the
  13-18  district.
  13-19        Sec. 3.09.  BYLAWS.   The board is empowered to adopt bylaws
  13-20  to govern:
  13-21              (1)  the time, place, and manner of conducting its
  13-22  meetings;
  13-23              (2)  the powers, duties, and responsibilities of its
  13-24  officers and employees;
  13-25              (3)  the disbursement of funds by checks, drafts, and
   14-1  warrants;
   14-2              (4)  the appointment and authority of director
   14-3  committees;
   14-4              (5)  the keeping of records and accounts; and
   14-5              (6)  other matters as the board considers appropriates.
   14-6        Sec. 3.10.  MEETINGS AND NOTICE.  (a)  The board may
   14-7  establish regular meetings to conduct district business and may
   14-8  hold special meetings at other times as the business of a district
   14-9  requires.
  14-10        (b)  Notice of the time, place, and purpose of any meeting of
  14-11  the board shall be given by posting at a place convenient to the
  14-12  public within the district.  A copy of the notice shall be
  14-13  furnished to the clerk or clerks of the county in which the
  14-14  district is located, who shall post them on a bulletin board in the
  14-15  county courthouse used for such purpose.
  14-16        (c)  Except as herein provided the provisions of Chapter 551,
  14-17  Government Code, shall be applicable to meetings of the board of
  14-18  directors.  Any interested person may attend any meeting of the
  14-19  board.
  14-20        Sec. 3.11.  DISTRICT OFFICE AND MEETING PLACE.  The board
  14-21  shall designate and establish a district office in the county.  The
  14-22  meeting place may be a private residence or office provided that
  14-23  the board of directors in its order establishing the meeting place
  14-24  declares the same to be a public place and invites the public to
  14-25  attend any meeting of the board.
   15-1        Sec. 3.12.  MANAGEMENT OF DISTRICT.  (a)  The board of
   15-2  directors shall have control over and management of all the affairs
   15-3  of the district and shall employ or engage in professional
   15-4  contracts with all persons, firms, partnerships, or corporations
   15-5  deemed necessary by the board for the conduct of the affairs of the
   15-6  district, including, but not limited to, architects, engineers,
   15-7  attorneys, financial advisors, a project manager, a general
   15-8  manager, bookkeepers, auditors, and secretaries.
   15-9        (b)  The board of directors shall determine the term of
  15-10  office and the compensation of all employees and consultants by
  15-11  contracts or by resolution of the board.
  15-12        (c)  All employees may be removed by the board.
  15-13        (d)  The board of directors may require a bond of any officer
  15-14  or employee payable to the district and conditioned on the faithful
  15-15  performance of his duties.
  15-16        Sec. 3.13.  COMPENSATION OF DIRECTORS; REIMBURSEMENT OF
  15-17  EXPENSES.  (a)  A director is not entitled to receive compensation
  15-18  for service on the board.
  15-19        (b)  Upon approval by the board, a director may be reimbursed
  15-20  for travel or other expenses incurred on behalf of the district
  15-21  upon presentation of a verified statement.
  15-22        Sec. 3.14.  BOND AND OATH OF OFFICE.  (a)  As soon as
  15-23  practicable after a director is appointed, the director shall
  15-24  execute a bond for $10,000 payable to the district and conditioned
  15-25  on the faithful performance of the director's duties.
   16-1        (b)  All bonds of the directors, including the bonds of the
   16-2  temporary directors, shall be approved by the board.
   16-3        (c)  Each director shall take the oath of office prescribed
   16-4  by the Constitution for public officers.
   16-5        (d)  The bond and oath shall be filed with the district and
   16-6  retained in its records.
   16-7        Sec. 3.15.  DIRECTOR INTERESTED IN CONTRACT.  (a)  A director
   16-8  who is financially interested in any contract with the district or
   16-9  a director who is an employee of a person who or firm which is
  16-10  financially interested in any contract with the district shall
  16-11  disclose that fact to the other directors, and the disclosure shall
  16-12  be entered into the minutes of the meeting.
  16-13        (b)  An interested director may not vote on the acceptance of
  16-14  the contract or participate in the discussion on the contract.
  16-15        (c)  The failure of a director to disclose his financial
  16-16  interest and to have it entered on the minutes shall invalidate the
  16-17  contract.
  16-18        Sec. 3.16.  SUITS.  (a)  A district, when created and
  16-19  confirmed, may, through its directors, sue and be sued in any and
  16-20  all courts of this state in the name of the district.  Service of
  16-21  process in any suit may be had by serving any two directors.
  16-22        (b)  A district is a governmental agency, a body politic and
  16-23  corporate, and a political subdivision of the state.
  16-24        (c)  A district is a unit of government for purposes of
  16-25  Chapter 101, Civil Practice and Remedies Code (Texas Tort Claims
   17-1  Act), and operations of a district are considered to be essential
   17-2  governmental functions and not proprietary functions for all
   17-3  purposes, including application of the Texas Tort Claims Act.
   17-4        Sec. 3.17.  CONTRACTS.  A district shall contract and be
   17-5  contracted within the name of the district.
   17-6                     ARTICLE 4.  POWERS AND DUTIES
   17-7        Sec. 4.01.  POWERS.  (a)  A district shall have all of the
   17-8  powers, authority, rights, and duties which will permit
   17-9  accomplishment of the purposes for which the district was created.
  17-10        (b)  The district shall have the power to provide for general
  17-11  promotion and tourist advertising of the district and its vicinity
  17-12  and to conduct a marketing program to attract visitors, any of
  17-13  which may be conducted by the district pursuant to contracts for
  17-14  professional services with persons or organizations selected by
  17-15  district.
  17-16        (c)  The district shall have the following powers with
  17-17  respect to projects together with all powers incidental thereto or
  17-18  necessary for the performance of those hereinafter stated:
  17-19              (1)  to acquire, whether by construction, devise,
  17-20  purchase, lease, lease-purchase, gift, or otherwise or any one or
  17-21  more of such methods and to design, construct, improve, maintain,
  17-22  equip, and furnish one or more projects located within the
  17-23  district;
  17-24              (2)  to lease, license, or otherwise contract for the
  17-25  use of all or any part of any project for such rentals, license
   18-1  fees, revenues, or other compensation deemed appropriate, upon such
   18-2  terms and conditions as the board of directors deems advisable and
   18-3  not in conflict with the provisions of this Act;
   18-4              (3)  to sell, transfer, or otherwise dispose of all or
   18-5  any part of any project to a user or other party for such sales
   18-6  price, installment payment, license fee, lease payment or other
   18-7  compensation deemed appropriate, and upon such terms and conditions
   18-8  as its board of directors may deem advisable and not in conflict
   18-9  with the provisions of this Act;
  18-10              (4)  to issue bonds for the purpose of defraying all or
  18-11  part of the cost of any project and to secure the payment of such
  18-12  bonds as provided in this Act;
  18-13              (5)  to provide for security for the payment of the
  18-14  principal of and interest on any bonds issued and any agreements
  18-15  made in connection therewith, to mortgage and pledge any or all of
  18-16  its projects or any part or parts thereof, or any revenues, license
  18-17  fees, lease payments or other compensation derived therefrom and to
  18-18  pledge any tax revenues, assessments, or other sources of funds
  18-19  available to the district; and
  18-20              (6)  to enter into contracts with a user or other
  18-21  person, including but not limited to governmental entities and
  18-22  nonprofit corporations created under Article 5190.6, Texas Civil
  18-23  Statutes, as amended, to perform any of the rights, powers, or
  18-24  authority granted to the district.  Notwithstanding any other
  18-25  provision of this Act to the contrary, any contract between the
   19-1  district and a governmental entity or nonprofit corporation created
   19-2  under Article 5190.6, Texas Civil Statutes, as amended, shall not
   19-3  be subject to the competitive bidding requirement of this Act.
   19-4        (d)  The district shall not have the power to own or operate
   19-5  any project as a business other than as lessor or seller or
   19-6  pursuant to the requirements of any trust agreement securing the
   19-7  credit transaction.  Accordingly, the user pursuant to any lease or
   19-8  sale agreement relating to a project shall be considered to be the
   19-9  owner of the project for the purposes of the application of any ad
  19-10  valorem, sales, and use taxes or any other taxes levied or imposed
  19-11  by this state or any political subdivision of this state.  The
  19-12  purchase and holding of mortgages, deeds of trust, or other
  19-13  security interests and contracting for any servicing thereof shall
  19-14  not be deemed the operation of a project.
  19-15        Sec. 4.02.  COMPETITIVE BIDDING; CONTRACT AWARD.  (a)  A
  19-16  contract, other than a contract for services, for more than $15,000
  19-17  for the construction of public improvements or the purchase of
  19-18  material, machinery, equipment, supplies, and other property used
  19-19  in public improvements, except real property, may be entered into
  19-20  only after competitive bids.  Notice of bid solicitation shall be
  19-21  published once a week for two consecutive weeks in a newspaper with
  19-22  general circulation in the county in which the district is located.
  19-23  The first publication of notice must be not later than the 15th day
  19-24  before the date set for receiving bids.  The board shall adopt
  19-25  rules governing receipt of bids and the award of the contract and
   20-1  providing for the waiver of the competitive bid requirement if:
   20-2              (1)  there is an emergency;
   20-3              (2)  the needed materials are available from only one
   20-4  source;
   20-5              (3)  in a procurement requiring design by the supplier
   20-6  competitive bidding would not be appropriate and competitive
   20-7  negotiation, with proposals solicited from an adequate number of
   20-8  qualified sources, would permit reasonable competition consistent
   20-9  with the nature and requirements of the procurement; or
  20-10              (4)  after solicitation, it is ascertained that there
  20-11  will be only one bidder; or
  20-12              (5)  the contract is entered into between the district
  20-13  and a governmental entity or nonprofit corporation created under
  20-14  Article 5190.6, Texas Civil Statutes.
  20-15        (b)  If a proposed contract for works, plant improvements,
  20-16  facilities other than land, or the purchase of equipment,
  20-17  appliances, materials, or supplies for public improvements is for
  20-18  an estimated amount of more than $15,000 but less than $25,000 or
  20-19  for a duration of more than two years, competitive bids shall be
  20-20  asked from at least three persons.
  20-21        (c)  This section provides the necessary procedures for the
  20-22  district to award certain contracts and supersedes any law or other
  20-23  requirement with respect to the award of contracts.
  20-24        Sec. 4.03.  EMINENT DOMAIN.  (a)  The district may exercise
  20-25  the power of eminent domain to acquire land or interests in land
   21-1  within the district deemed necessary by the board of directors of
   21-2  the district for the purpose of providing water and sewer services
   21-3  to an authorized project.
   21-4        (b)  the right of eminent domain shall be exercised in the
   21-5  manner provided in Title 52, Texas Civil Statutes, as amended.
   21-6        Sec. 4.04.  GRANTS AND GIFTS.  A district may accept grants,
   21-7  gratuities, advances, and loans in any form from any source
   21-8  approved by the board, including the United States, the state or
   21-9  any of its agencies, any private or public corporation, and any
  21-10  other person and may make and enter into contracts, agreements, and
  21-11  covenants which the board considers appropriate in connection with
  21-12  acceptance of grants, gratuities, advances, and loans.
  21-13                 ARTICLE 5.  GENERAL FISCAL PROVISIONS
  21-14        Sec. 5.01.  EXPENDITURES.  A district's money may be
  21-15  disbursed only by check, draft, order, or other instrument which
  21-16  shall be signed by at least three directors.  The general manager,
  21-17  treasurer, or other employee of the district when authorized by
  21-18  resolution of the board may sign checks, drafts, orders or other
  21-19  instruments on any district operation account and these need not be
  21-20  signed by anyone else.
  21-21        Sec. 5.02.  PURPOSES FOR BORROWING MONEY.  The district may
  21-22  borrow money for any corporate purpose or combination of corporate
  21-23  purposes.
  21-24        Sec. 5.03.  REVENUE NOTES.  (a)  The board may borrow money
  21-25  on negotiable notes of the district to mature over a term of not
   22-1  more than 20 years and to bear interest at any rate permitted by
   22-2  the Constitution and laws of the state to be paid solely from
   22-3  district revenues.
   22-4        (b)  The notes may be first or subordinate lien notes within
   22-5  the discretion of the board, but no obligation may ever be a charge
   22-6  on the property of the district but shall be solely a charge on the
   22-7  revenues pledged for the payment of the obligation.
   22-8        Sec. 5.04.  BOND ANTICIPATION NOTES.  (a)  The board may
   22-9  declare an emergency in the matter of funds not being available to
  22-10  pay principal of and interest on any bonds of the district or to
  22-11  meet any other needs of the district and may issue negotiable bond
  22-12  anticipation notes to borrow the money needed by the district.
  22-13  Bond anticipation notes may bear interest at any rate permitted by
  22-14  the Constitution and laws of the state and shall mature within one
  22-15  year of their date.
  22-16        (b)  Bond anticipation notes may be issued for any purpose
  22-17  for which bonds of the district may be issued and for the purpose
  22-18  of refunding previously issued bond anticipation notes.  A district
  22-19  may covenant with the purchases of the bond anticipation notes that
  22-20  the district will use the proceeds of sale of any bonds in the
  22-21  process of issuance for the purpose of refunding the bond
  22-22  anticipation notes, in which case the board will be required to use
  22-23  the process received from sale of the bonds in the process of
  22-24  issuance to pay principal, interest, or redemption price on the
  22-25  bond anticipation notes.
   23-1        Sec. 5.05.  REPAYMENT OF ORGANIZATIONAL EXPENSES.  The
   23-2  district's directors are authorized to pay all costs and expenses
   23-3  necessarily incurred in the creation and organization of a
   23-4  district, the cost of investigation and making plans, the cost of
   23-5  the engineer's report, project designer fees, legal fees, and other
   23-6  incidental expenses, and to reimburse any person for money advanced
   23-7  for these purposes.  These payments may be made from money obtained
   23-8  from the issuance of notes or the sale of bonds first issued by the
   23-9  district or out of other revenues of the district.
  23-10        Sec. 5.06.    DEPOSITORY.  (a)  The board, by order or
  23-11  resolution, shall designate one or more banks inside or outside the
  23-12  district to serve as the depository for the funds of the district.
  23-13  All funds of the district shall be deposited in the depository bank
  23-14  or banks unless otherwise required by orders or resolutions
  23-15  authorizing the issuance of the district's bonds.
  23-16        (b)  To the extent that funds in the depository bank or banks
  23-17  are not insured by the Federal Deposit Insurance Corporation, they
  23-18  shall be secured in the manner provided by law for the security of
  23-19  funds of counties of the State of Texas.
  23-20        (c)  The board, by resolution, may authorize a designated
  23-21  representative to supervise the substitution of securities pledged
  23-22  to secure the district's funds.
  23-23        Sec. 5.07.  INVESTMENTS.  Funds of the district may be
  23-24  invested and reinvested by the board or its authorized
  23-25  representative in direct or indirect obligations of the United
   24-1  States, the state, or any county, city, school district, or other
   24-2  political subdivision of the state.  Funds of the district may be
   24-3  placed in certificates of deposit of state or national banks or
   24-4  savings and loan associations within the state provided that they
   24-5  are secured in the manner provided for the security of the funds of
   24-6  counties of the State of Texas.  Money may be withdrawn from the
   24-7  appropriate accounts of the district for the investments on such
   24-8  terms as the board considers advisable.
   24-9                     ARTICLE 6.  ISSUANCE OF BONDS
  24-10        Sec. 6.01.  ISSUANCE OF BONDS.  The district may issue bonds
  24-11  for the purpose of defraying all or part of the cost of any project
  24-12  as provided in this Act.
  24-13        Sec. 6.02.  FORM OF BONDS.  (a)  A district may issue its
  24-14  bonds in various series or issues.
  24-15        (b)  Bonds shall mature serially or otherwise not more than
  24-16  40 years from their date.  Bonds may bear interest and may be
  24-17  issued in accordance with Articles 717k, 717k-2, 717k-6, 717k-8,
  24-18  and 717q, Civil Statutes, as amended.
  24-19        (c)  A district's bonds are investment securities under the
  24-20  terms of Chapter 8 of the Business & Commerce Code and may be
  24-21  issued registrable as to principal or as to both principal and
  24-22  interest and shall or may be made redeemable before maturity, at
  24-23  the option of the district, or may contain a mandatory redemption
  24-24  provision all as may be provided by the board.  A district's bonds
  24-25  may be issued in the form, denominations, and manner and under the
   25-1  terms, conditions, and details, and shall be signed and executed,
   25-2  as provided by the board in the resolution or order authorizing the
   25-3  issuance of the bonds.
   25-4        Sec. 6.03.  MANNER OF REPAYMENT OF BONDS.  The board may
   25-5  provide for the payment of principal of and interest and redemption
   25-6  price on bonds in any one of the following manners:
   25-7              (1)  from the levy and collections of sales and use
   25-8  taxes, hotel occupancy taxes, and other revenues as set forth in
   25-9  Article 7 of this Act;
  25-10              (2)  by pledging all or any part of the designated
  25-11  revenues, license fees, or other compensation from a project or any
  25-12  part thereof, including revenues and receipts derived by the
  25-13  district from the lease or sale of the project, or by pledging all
  25-14  or any part of any grant, donation, revenues, or income received or
  25-15  to be received from any public or private source; or
  25-16              (3)  a combination of the sources set forth in
  25-17  subsections (1) and (2) of this section.
  25-18        Sec. 6.04.  Additional Security for Bonds.  (a)  The
  25-19  principal of and interest on any bonds issued by the district for a
  25-20  project may be secured by a mortgage covering all or any part of
  25-21  such project, including any enlargements of and additions to such
  25-22  project thereafter made.  The resolution under which bonds are
  25-23  authorized to be issued and any such mortgage may contain any
  25-24  agreements and provisions respecting the maintenance of the project
  25-25  covered thereby, the fixing and collection of rents, purchase price
   26-1  payments, the creation and maintenance of special funds from such
   26-2  revenues and the rights and remedies available in the event of
   26-3  default, all as the board of directors shall deem advisable and not
   26-4  in conflict with the provisions hereof.  Each pledge, agreement,
   26-5  and mortgage made for the benefit or security of any of the bonds
   26-6  of the district shall continue in effect until the principal of and
   26-7  interest on the bonds for the benefit for which the same were made
   26-8  have been fully paid.
   26-9        (b)  Bonds may be secured by a trust agreement by and between
  26-10  the district and a corporate trustee, which may be any trust
  26-11  company or bank having the powers of a trust company within or
  26-12  without the state.  Any such trust agreement may evidence a pledge
  26-13  or assignment of the lease or sale revenues to be received from a
  26-14  lessee or purchaser with respect to a project for the payment of
  26-15  principal of and interest and any premium on such bonds as the same
  26-16  shall become due and payable and may provide for creation and
  26-17  maintenance of reserves for such purposes.  Any such trust
  26-18  agreement or resolution providing for the issuance of such bonds
  26-19  may contain such provisions for protecting and enforcing the rights
  26-20  and remedies of the bondholders as may be reasonable and proper and
  26-21  not in violation of law, including covenants setting forth the
  26-22  duties in relation to the acquisition of property and the
  26-23  construction, improvement, maintenance, repair, operation, and
  26-24  insurance of the project in connection with which such bonds shall
  26-25  have been authorized, and the custody, safeguarding, and
   27-1  application of all money.  It shall be lawful for any bank or trust
   27-2  company incorporated under the laws of the state which may act as
   27-3  depository of the proceeds of bonds or of revenues to furnish such
   27-4  indemnifying bonds or to pledge such securities as may be required
   27-5  by the district.  Any such trust agreement may contain such
   27-6  provisions as the district may deem reasonable and proper for the
   27-7  security of the bondholders.  All expenses incurred in carrying out
   27-8  the provisions of any such trust agreement may be treated as a part
   27-9  of the cost of the operation of the project.
  27-10        (c)  Any agreement relating to any project shall be for the
  27-11  benefit of the district.  Any such agreement shall contain a
  27-12  provision that, in the event of a default in the payment of the
  27-13  principal of or the interest or premium on such bonds or in the
  27-14  performance of any agreement contained in such proceedings,
  27-15  mortgage, or instrument, such payment and performance may be
  27-16  enforced by mandamus or by the appointment of a receiver in equity
  27-17  with power to charge and collect rents and purchase price payments
  27-18  and to apply the revenues from the project in accordance with such
  27-19  resolution, mortgage, or instrument.
  27-20        (d)  Any mortgage to secure bonds issued thereunder may also
  27-21  provide that, in the event of a default in the payment thereof or
  27-22  the violation of any agreement contained in the mortgage, the
  27-23  mortgage may be foreclosed and sold under proceedings in equity or
  27-24  in any other manner now or hereafter permitted by law.  Such
  27-25  mortgage may also provide that any trustee under such mortgage or
   28-1  the holder of any of the bonds secured thereby may become the
   28-2  purchaser at any foreclosure sale if the highest bidder therefor.
   28-3        Sec. 6.05.  Provisions of Bonds.  (a)  In the orders or
   28-4  resolutions authorizing the issuance of bonds, including refunding
   28-5  bonds, the board may provide for the flow of funds, the
   28-6  establishment and maintenance of the interest and sinking fund, the
   28-7  reserve fund, and other funds, and may make additional convenants
   28-8  with respect to the bonds and the pledged revenues.
   28-9        (b)  The orders or resolutions of the board authorizing the
  28-10  issuance of bonds may also prohibit the further issuance of bonds
  28-11  or other obligations payable from the pledged revenue or may
  28-12  reserve the right to issue additional bonds to be secured by a
  28-13  pledge of and payable from the revenue on a parity with or
  28-14  subordinate to the lien and pledge in support of the bonds being
  28-15  issued, subject to the conditions which may be set forth in the
  28-16  orders or resolutions.
  28-17        (c)  The orders or resolutions of the board issuing bonds may
  28-18  contain other provisions and covenants as the board may determine,
  28-19  not prohibited by the Constitution or by this Act.
  28-20        (d)  The board may adopt and cause to be executed any other
  28-21  proceedings or instruments necessary and convenient in the issuance
  28-22  of bonds.
  28-23        Sec. 6.06.  Use of Bond Proceeds.  The district may use bond
  28-24  proceeds to pay interest on the bonds during and after the period
  28-25  of the acquisition or construction of a project, to pay
   29-1  administrative and operating expenses, to create a reserve fund for
   29-2  the payment of principal and interest on the bonds, and to pay all
   29-3  expenses incurred and to be incurred in the issuance, sale, and
   29-4  delivery of the bonds.
   29-5        Sec. 6.07.  Notice of Bond Sale.  Except for refunding bonds,
   29-6  bonds sold to a state or federal agency, and bonds registered with
   29-7  any federal agency, after any bonds are finally approved and before
   29-8  they are sold by a district, the board shall publish an appropriate
   29-9  notice of the sale:
  29-10              (1)  at least one time not less than 10 days before the
  29-11  date of sale in a newspaper of general circulation which is
  29-12  published in the county in which the district is located; and
  29-13              (2)  at least one time in one or more recognized
  29-14  financial publications of general circulation in the state as
  29-15  approved by the Attorney General.
  29-16        Sec. 6.08.  Approval by Attorney General; Registration by
  29-17  Comptroller.  (a)  Bonds issued by a district shall be submitted to
  29-18  the Attorney General of the State of Texas for examination as
  29-19  required by this Act and general law.
  29-20        (b)  If the Attorney General finds that the bonds have been
  29-21  authorized in accordance with law, the Attorney General shall
  29-22  approve the bonds, and the bonds shall be registered by the
  29-23  Comptroller.
  29-24        (c)  After the approval and registration of bonds by the
  29-25  Comptroller they shall be incontestable in any court or other
   30-1  forum, for any reason, and shall be valid and binding obligations
   30-2  in accordance with their terms for all purposes.
   30-3        (d)  If the bonds recite that they are secured partially or
   30-4  otherwise by a pledge of the proceeds of a contract or a lease made
   30-5  between the district and another party or parties, a copy of the
   30-6  contract or lease and the proceedings authorizing the contract or
   30-7  lease may or may not be submitted to the Attorney General along
   30-8  with the bond records, and if submitted, the approval by the
   30-9  Attorney General of the bonds shall constitute an approval of the
  30-10  contract or lease, and the contract or lease shall be
  30-11  incontestable.
  30-12        Sec. 6.09.  Refunding Bonds.  (a)  Bonds issued under this
  30-13  Act may be refunded or otherwise refinanced by the issuance of
  30-14  refunding bonds under terms or conditions determined by order or
  30-15  resolution of the board.  Refunding bonds may be issued in amounts
  30-16  necessary to pay the principal of, and interest on and redemption
  30-17  premium, if any, on bonds to be refunded, at maturity or on any
  30-18  redemption dates and to provide for the payment of costs incurred
  30-19  in connection with the refunding.
  30-20        (b)  The refunding bonds shall be issued in the manner
  30-21  provided by this Act for other bonds.
  30-22        Sec. 6.10.  Authorized Investments; Security.  All bonds
  30-23  issued by a district shall be legal and authorized investments for
  30-24  all banks, trust companies, building and loan associations, savings
  30-25  and loan associations, insurance companies of all kinds and types,
   31-1  fiduciaries, and trustees, and for all interest and sinking funds
   31-2  and other public funds of the State of Texas, and all agencies,
   31-3  subdivisions, and instrumentalities of the state including all
   31-4  counties, cities, towns, villages, school districts, and all other
   31-5  kinds and types of districts, public agencies, and bodies politic.
   31-6  A district's bonds, notes, and other obligations shall be eligible
   31-7  and lawful security for all deposits of public funds of the State
   31-8  of Texas, and all agencies, subdivisions, and instrumentalities of
   31-9  the state including all counties, cities, towns, villages, school
  31-10  districts, and all other kinds and types of districts, public
  31-11  agencies, and bodies politic, to the extent of the market value of
  31-12  the bonds, and other obligations when accompanied by any unmatured
  31-13  interest coupons attached to them.
  31-14                           ARTICLE 7.  TAXES
  31-15        Sec. 7.01.  Sales and Use Tax.  (a)  A district may levy a
  31-16  sales and use tax for the benefit of the district if authorized by
  31-17  a majority of the qualified voters of the district voting at an
  31-18  election called and held for that purpose.  The sales and use tax,
  31-19  if adopted, does not count toward the limitation imposed by Chapter
  31-20  323, Tax Code (County Sales and Use Tax Act) on any sales and use
  31-21  tax that has been levied by the county.
  31-22        (b)  If a district adopts the tax, there is imposed a tax on
  31-23  the receipts from the sale at retail of taxable items within the
  31-24  district at a rate of up to one-half of one percent.  For purposes
  31-25  of this section, the term "taxable items" shall include all items
   32-1  subject to any sales and use tax that is imposed by the county in
   32-2  which the district is located if the county has imposed a sales and
   32-3  use tax.  There is also imposed an excise tax on the use, storage,
   32-4  or other consumption within the district of taxable items
   32-5  purchased, leased, or rented from a retailer during the period that
   32-6  the tax is effective within the district.  The rate of the excise
   32-7  tax is the same as the rate of the sales tax portion of the tax
   32-8  applied to the sales price of the taxable items and is included in
   32-9  the sales tax.
  32-10        (c)  Chapter 323, Tax Code (County Sales and Use Tax Act), to
  32-11  the extent not inconsistent with this Act, governs the imposition,
  32-12  computation, administration, and governance, of the tax under this
  32-13  section, except that Sections 323.101 (b), (e), 323.209,
  32-14  323.401-406, and 323.505 do not apply.  Chapter 323, Tax Code
  32-15  (County Sales and Use Tax Act) does not apply to the use and
  32-16  allocation of revenues under this Act.  In applying the procedures
  32-17  under Chapter 323, Tax Code (County Sales and Use Tax Act), the
  32-18  district's name shall be substituted for "the county" and "board of
  32-19  directors" is substituted for "commissioners court."
  32-20        (d)  The permissible rates for a local sales and use tax
  32-21  levied under this Act are:
  32-22              (1)  one-fourth of one percent;
  32-23              (2)  three-eighths of one percent; and
  32-24              (3)  one-half of one percent.
  32-25        (e)  The board by order may decrease or abolish the local
   33-1  sales and use tax rate or may call an election to increase,
   33-2  decrease or abolish the local sales and use tax rate.
   33-3        (f)  At the election, the ballots shall be prepared to permit
   33-4  voting for or against the proposition:  "The increase (decrease) of
   33-5  the local sales and use tax rate of (name of district) to
   33-6  (percentage) to be used for the promotion and development of
   33-7  tourism" or, "The abolition of the district sales and use tax used
   33-8  for the promotion and development of tourism."  The increase or
   33-9  decrease in the tax rate is effective if it is approved by a
  33-10  majority of the votes cast.  In calling and holding the election,
  33-11  the board shall use the procedures for the confirmation and tax
  33-12  election set forth in Article 2 of this Act.
  33-13        (g)  Taxes collected under this section may be used only for
  33-14  the purposes for which the district was created, and the district
  33-15  may pledge the revenue derived from the taxes imposed under this
  33-16  Section to the payment of bonds issued by the district.
  33-17        Sec. 7.02.  Hotel Occupancy Tax.  (a)  The board of directors
  33-18  by the adoption of an order or resolution may impose a hotel
  33-19  occupancy tax.  The hotel occupancy tax, if adopted, does not count
  33-20  toward the limitation imposed by Chapter 352, Tax Code, on the
  33-21  hotel occupancy tax that has been levied by the county.
  33-22        (b)  Chapter 352, Tax Code (County Hotel Occupancy Taxes), to
  33-23  the extent not inconsistent with this Act, governs the imposition
  33-24  and collection of the tax under section, except that Sections
  33-25  352.002(a), (d) and 352.003 do not apply.  Chapter 352, Tax Code
   34-1  (County Hotel Occupancy Taxes) does not apply to the use and
   34-2  allocation of revenues under this Act.  In applying the procedures
   34-3  under Chapter 352, Tax Code (County Hotel Occupancy Taxes), the
   34-4  district's name shall be substituted for "the county" and "board of
   34-5  directors" is substituted for "commissioners court."
   34-6        (c)  The permissible rate for a hotel occupancy tax
   34-7  authorized by this Act shall not exceed seven percent of the price
   34-8  paid for a room in a hotel.
   34-9        (d)  Taxes collected under this Section may be used only for
  34-10  the purposes for which the district was created, and the district
  34-11  may pledge the revenue derived from the taxes imposed under this
  34-12  Section to the payment of bonds issued by the district.
  34-13        Sec. 7.03.  Receipt of Incremental Tax Proceeds.  (a)  The
  34-14  district shall receive a payment equal to 100 percent of the
  34-15  incremental tax proceeds collected by taxing entities within the
  34-16  district during the first twenty years following creation of the
  34-17  district.
  34-18        (b)  For purposes of this section, "tax proceeds" means the
  34-19  hotel occupancy taxes, ad valorem taxes, and sales and use taxes
  34-20  collected from individuals or entities within the boundaries of the
  34-21  district and "incremental tax proceeds" means the amount by which
  34-22  the tax proceeds collected by the taxing entity in a fiscal year
  34-23  exceeds the amount of such tax proceeds collected by such entity
  34-24  during the last fiscal year before the district was created.
  34-25        (c)  Tax increments collected under this section may be used
   35-1  only for the purposes for which the district was created, and the
   35-2  district may pledge the revenues derived from the taxes imposed
   35-3  under this Section to the payment of bonds issued by the district.
   35-4              ARTICLE 8.  ADDING AND EXCLUDING TERRITORY;
   35-5                CONSOLIDATING AND DISSOLVING DISTRICTS
   35-6        Sec. 8.01.  Adding and Excluding Land from the district.  (a)
   35-7  Before the board issues bonds, the board may, upon its own motion
   35-8  or upon request of a landowner in the district, petition the county
   35-9  commissioners for the addition of land to or exclusion of land from
  35-10  the district.
  35-11        (b)  Upon receipt of a petition from the board for addition
  35-12  or exclusion of land to the district, the commissioners court shall
  35-13  hold a hearing as provided in Article 2 of this Act.
  35-14        (c)  If the commissioners court unanimously determines from
  35-15  the evidence that the best interests of the persons and property in
  35-16  the district will be served by adding or excluding land, the
  35-17  commissioners court shall enter the appropriate findings and order
  35-18  in its record adding or excluding land.
  35-19        Sec. 8.02.  Dissolution of district.  (a)  A district may be
  35-20  dissolved only as provided by this Section.
  35-21        (b)  The board of directors may petition the commissioners
  35-22  court to dissolve the district if a majority of the board finds at
  35-23  any time (1) before the authorization of bonds, or the final
  35-24  lending of its credit that the proposed undertaking is
  35-25  impracticable or cannot be successfully and beneficially
   36-1  accomplished, or (2) after all bonds of the district or other debts
   36-2  of the district have been paid and the purposes of the district
   36-3  shall have been accomplished.
   36-4        (c)  Upon receipt of a petition from the board for
   36-5  dissolution of the district, the county commissioners shall hold a
   36-6  hearing as provided in Article 2 of this Act.
   36-7        (d)  If the commissioners court unanimously determines from
   36-8  the evidence that the best interests of the county and the owners
   36-9  of property and interests in property within the district will be
  36-10  served by dissolving the district, the commissioners court shall
  36-11  enter the appropriate findings and order in its records dissolving
  36-12  the district.  Otherwise the commissioners court shall enter its
  36-13  order providing that the district has not been dissolved.  Upon
  36-14  dissolution of the district, funds and property of the district, if
  36-15  any, shall be transferred to the commissioners court.
  36-16        SECTION 2.  The importance of this legislation and the
  36-17  crowded condition of the calendars in both houses create an
  36-18  emergency and an imperative public necessity that the
  36-19  constitutional rule requiring bills to be read on three several
  36-20  days in each house be suspended, and this rule is hereby suspended,
  36-21  and that this Act take effect and be in force from and after its
  36-22  passage, and it is so enacted.