1-1 By: Ellis S.B. No. 1620
1-2 (In the Senate - Filed March 23, 1995; March 27, 1995, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; April 12, 1995, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 10, Nays 0;
1-6 April 12, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1620 By: Ellis
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the creation, administration, powers, and duties of the
1-11 Houston Downtown Management District; granting the authority to
1-12 issue bonds; authorizing a tax.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. CREATION OF DISTRICT. (a) A special district to
1-15 be known as the "Houston Downtown Management District" exists as a
1-16 governmental agency, body politic and corporate, and political
1-17 subdivision of the state.
1-18 (b) The name of the district may be changed by resolution of
1-19 the board.
1-20 (c) The creation of the district is essential to accomplish
1-21 the purposes of Section 52, Article III, Section 59, Article XVI,
1-22 and Section 52-a, Article III, Texas Constitution, and other public
1-23 purposes stated in this Act.
1-24 SECTION 2. LEGISLATIVE DECLARATION. (a) The legislature
1-25 finds and declares that the creation of the district is necessary
1-26 to promote, develop, encourage, and maintain employment, commerce,
1-27 transportation, housing, tourism, recreation, arts, entertainment,
1-28 economic development, safety, and the public welfare in the
1-29 downtown area of the City of Houston.
1-30 (b) It is the legislature's intent that the creation of the
1-31 district and this legislation not be interpreted to relieve Harris
1-32 County or the City of Houston from providing the present level of
1-33 services to the area included within the district or to release the
1-34 county or the city from the obligations each entity has to provide
1-35 services to that area. The district is created to supplement and
1-36 not supplant the city or county services provided in the area
1-37 included within the district.
1-38 (c) The legislature finds and intends that by creating the
1-39 district and in authorizing the city, county, and other political
1-40 subdivisions to contract with the district the legislature has
1-41 established a program to accomplish the public purposes set out in
1-42 Section 52-a, Article III, Texas Constitution.
1-43 SECTION 3. DEFINITIONS. In this Act:
1-44 (1) "Board" means the board of directors of the
1-45 district.
1-46 (2) "District" means the Houston Downtown Management
1-47 District.
1-48 (3) "City" means the City of Houston, Texas.
1-49 (4) "County" means Harris County, Texas.
1-50 SECTION 4. BOUNDARIES. The district includes all the
1-51 territory contained within the following described area:
1-52 705 acres, more or less, in the J. Austin Survey, Abstract 1,
1-53 the J.S. Holman Survey, Abstract 323, the O. Smith Survey, Abstract
1-54 696, and the J. Wells Survey, Abstract 832, Harris County, Texas,
1-55 more particularly described as follows:
1-56 BEGINNING at the intersection of the center line of the
1-57 right-of-way of Commerce Avenue with the center line of the
1-58 right-of-way of Austin Street;
1-59 Thence in a southwesterly direction with the center line of
1-60 the right-of-way of Austin street to the intersection with the
1-61 center line of the right-of-way of Capitol Avenue;
1-62 Thence in a southeasterly direction with the center line of
1-63 the right-of-way of Capitol Avenue to the intersection with the
1-64 center line of the right-of-way of Chartres Street;
1-65 Thence in a southwesterly direction with the center line of
1-66 the right-of-way of Chartres Street to the intersection with the
1-67 center line of the right-of-way of Clay Avenue;
1-68 Thence in a northwesterly direction with the center line of
2-1 the right-of-way of Clay Avenue to the intersection with the center
2-2 line of the right-of-way of Caroline Street;
2-3 Thence in a southwesterly direction with the center line of
2-4 the right-of-way of Caroline Street to the intersection with the
2-5 center line of the right-of-way of Pierce Avenue;
2-6 Thence in a northwesterly direction with the center line of
2-7 the right-of-way of Pierce Avenue to the intersection with the
2-8 center line of the right-of-way of Bagby Street;
2-9 Thence in a northeasterly direction with the center line of
2-10 the right-of-way of Bagby Street to the intersection with a
2-11 southerly projection of the west line of the right-of-way of Heiner
2-12 Street;
2-13 Thence in a northerly direction with the west line of the
2-14 right-of-way of Heiner Street and southerly and northerly
2-15 projections thereof to the intersection with the center line of the
2-16 right-of-way of W. Dallas Street;
2-17 Thence in a westerly direction with the center line of the
2-18 right-of-way of W. Dallas Street to the intersection with a
2-19 southerly projection of the west line of the right-of-way of Heiner
2-20 Street;
2-21 Thence in a northerly direction with the west line of the
2-22 right-of-way of Heiner Street and southerly and northerly
2-23 projections thereof to the intersection with the center line of the
2-24 right-of-way of Allen Parkway;
2-25 Thence in an easterly direction with the center line of the
2-26 right-of-way of Allen Parkway to the intersection with a southerly
2-27 projection of the center line of the right-of-way of Sabine Street;
2-28 Thence in a northerly direction with a southerly projection
2-29 of the center line of the right-of-way of Sabine Street and then
2-30 with the center line of the right-of-way of Sabine Street to the
2-31 intersection with the north right-of-way line of Memorial Drive;
2-32 Thence in an easterly direction with the north right-of-way
2-33 line of Memorial Drive to the intersection with the west
2-34 right-of-way line of Interstate Highway 45;
2-35 Thence in a northeasterly direction with the west
2-36 right-of-way line of Interstate Highway 45 to the intersection with
2-37 the center line of the right-of-way of Franklin Avenue;
2-38 Thence in an easterly direction with the center line of the
2-39 right-of-way of Franklin Avenue to the intersection with a
2-40 southerly projection of the center line of the northbound ramp to
2-41 Interstate Highway 10, a continuation of Louisiana Street;
2-42 Thence in a northerly direction with the center line of the
2-43 right-of-way of the northbound ramp to Interstate Highway 10 and
2-44 the southerly projection thereof, to the intersection with the
2-45 center line of the Southern Pacific Rail Road's "Main Passenger
2-46 Line" right-of-way;
2-47 Thence in an easterly direction with the center line of the
2-48 Southern Pacific Rail Road's "Main Passenger Line" right-of-way to
2-49 the intersection with the center line of the right-of-way of North
2-50 San Jacinto Street;
2-51 Thence in a southerly direction with the center line of the
2-52 right-of-way of North San Jacinto Street to the intersection with
2-53 the center line of the right-of-way of Commerce Avenue;
2-54 Thence in a southeasterly direction with the center line of
2-55 the right-of-way of Commerce Avenue to The Point of Beginning,
2-56 containing 705 acres, more or less, including, without limitation,
2-57 all air space above and all subsurface below said property.
2-58 SECTION 5. FINDINGS RELATING TO BOUNDARIES. The legislature
2-59 finds that the boundaries and field notes of the district form a
2-60 closure. If a mistake is made in the field notes or in copying the
2-61 field notes in the legislative process, the mistake does not in any
2-62 way affect the:
2-63 (1) organization, existence, and validity of the
2-64 district;
2-65 (2) right of the district to issue any type of bonds
2-66 or refunding bonds for the purposes for which the district is
2-67 created or to pay the principal of and interest on the bonds;
2-68 (3) right of the district to levy and collect
2-69 assessments or taxes; or
2-70 (4) legality or operation of the district or its
3-1 governing body.
3-2 SECTION 6. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The
3-3 legislature finds that all of the land and other property included
3-4 within the boundaries of the district will be benefited by the
3-5 improvements and services to be provided by the district under
3-6 powers conferred by Section 52, Article III, Section 59, Article
3-7 XVI, and Section 52-a, Article III, Texas Constitution, and other
3-8 powers granted under this Act, and that the district is created to
3-9 serve a public use and benefit.
3-10 (b) The legislature finds that:
3-11 (1) the creation of the district is in the public
3-12 interest and is essential to:
3-13 (A) further the public purposes of the
3-14 development and diversification of the economy of the state; and
3-15 (B) eliminate unemployment and underemployment
3-16 and develop or expand transportation and commerce;
3-17 (2) the district will promote the health, safety, and
3-18 general welfare of residents, employers, employees, visitors,
3-19 consumers in the district, and the general public;
3-20 (3) the district will provide needed funding for the
3-21 city's downtown area to preserve, maintain, and enhance the
3-22 economic health and vitality of the area as a community and
3-23 business center; and
3-24 (4) the district will further promote the health,
3-25 safety, welfare, and enjoyment of the public by providing
3-26 pedestrian ways and by landscaping and developing certain areas
3-27 within the district, which are necessary for the restoration,
3-28 preservation, and enhancement of scenic and aesthetic beauty.
3-29 (c) The legislature finds and determines that pedestrian
3-30 ways along or across a street, whether at grade or above or below
3-31 the surface, and street lighting, street landscaping, and street
3-32 art objects are parts of and necessary components of a street and
3-33 are considered to be a street or road improvement.
3-34 (d) The district will not act as the agent or
3-35 instrumentality of any private interest even though many private
3-36 interests will be benefited by the district, as will the general
3-37 public.
3-38 SECTION 7. APPLICATION OF OTHER LAW. Except as otherwise
3-39 provided by this Act, Chapter 375, Local Government Code, applies
3-40 to the district.
3-41 SECTION 8. CONSTRUCTION OF ACT. This Act shall be liberally
3-42 construed in conformity with the legislative findings and purposes
3-43 stated in this Act.
3-44 SECTION 9. BOARD OF DIRECTORS IN GENERAL. (a) The district
3-45 is governed by a board of 30 directors who serve staggered
3-46 four-year terms.
3-47 (b) Subchapter D, Chapter 375, Local Government Code,
3-48 applies to the board to the extent that subchapter does not
3-49 conflict with this Act.
3-50 SECTION 10. INITIAL DIRECTORS. (a) The initial board
3-51 consists of the following persons:
3-52 Pos. No. Name of Director
3-53 1 Charles Baughn
3-54 2 Patrick Ezzell
3-55 3 Cindy Garcia
3-56 4 Nick Gonzales
3-57 5 Dennis L. Greer
3-58 6 Valerie D. Marshall
3-59 7 William E. Penland, Jr.
3-60 8 Peggy Menchaca
3-61 9 Sharon Michael
3-62 10 Melanie Ringo
3-63 11 Mark M. Sacco
3-64 12 Paula T. Saizan
3-65 13 James B. Seigler
3-66 14 Richard Veith
3-67 15 Ben I. Wilson
3-68 16 Azalea Aleman
3-69 17 Sherea A. McKenzie
3-70 18 Tom Mene
4-1 19 Elsa Pagan
4-2 20 James J. Smith
4-3 21 C. Richard Vermillion
4-4 22 Gary Warwick
4-5 23 J. Mark Russell
4-6 24 Robert Bradford
4-7 25 Anthony Choy
4-8 26 Patricia C. Hewlett
4-9 27 Gary L. Marks
4-10 28 Joel B. Otte
4-11 29 Gary D. Schuman
4-12 30 Jane Bass Page
4-13 (b) Of the initial directors, the directors appointed for
4-14 positions 1 through 7 serve until June 1, 1996, the directors
4-15 appointed for positions 8 through 15 serve until June 1, 1997, the
4-16 directors appointed for positions 16 through 23 serve until June 1,
4-17 1998, and the directors appointed for positions 24 through 30 serve
4-18 until June 1, 1999.
4-19 SECTION 11. SUBSEQUENT DIRECTORS. (a) The mayor and city
4-20 council of the city shall appoint subsequent directors from persons
4-21 recommended by the board. A vacancy in the office of director
4-22 because of the death, resignation, or removal of a director shall
4-23 be filled by the remaining members of the board by appointing a
4-24 qualified person for the unexpired term.
4-25 (b) A person may not be appointed to the board if the
4-26 appointment of that person would result in less than two-thirds of
4-27 the board members being residents of the city.
4-28 SECTION 12. EX OFFICIO MEMBERS OF BOARD OF DIRECTORS.
4-29 (a) The directors of the parks and recreation, planning and
4-30 development, public works, and civic center departments of the
4-31 city, the chief of police of the city, and the general manager of
4-32 the Metropolitan Transit Authority of the county each shall serve
4-33 as a nonvoting ex officio member of the board.
4-34 (b) If any of the departments described by Subsection (a) of
4-35 this section are consolidated, renamed, changed, or abolished, the
4-36 board may appoint the directors of the consolidated, renamed, or
4-37 changed departments as nonvoting ex officio members of the board or
4-38 the board may appoint a representative of another department of the
4-39 city that performs duties comparable to those performed by the
4-40 abolished department.
4-41 (c) The board may appoint the chairpersons of other
4-42 nonprofit corporations actively involved in downtown activities in
4-43 the city to serve as nonvoting ex officio members of the board.
4-44 SECTION 13. POWERS OF DISTRICT. (a) The district has all
4-45 powers necessary or required to accomplish the purposes for which
4-46 the district was created.
4-47 (b) The district has the rights, powers, privileges,
4-48 authorities, and functions of a district created under Chapter 375,
4-49 Local Government Code.
4-50 (c) The district has the powers conferred on a corporation
4-51 under Section 4B, the Development Corporation Act of 1979 (Article
4-52 5190.6, Vernon's Texas Civil Statutes). The district may own,
4-53 operate, acquire, construct, lease, improve, and maintain projects,
4-54 other than a domed football stadium, described by that section.
4-55 (d) The district may exercise the power of a housing finance
4-56 corporation created under Chapter 394, Local Government Code, to
4-57 provide housing or residential development projects within the
4-58 district.
4-59 (e) The district may:
4-60 (1) levy ad valorem taxes, assessments, or impact fees
4-61 in accordance with Chapter 375, Local Government Code, to provide
4-62 improvements and services for a project or activity the district is
4-63 authorized to acquire, construct, improve, or provide under this
4-64 Act; and
4-65 (2) correct, add to, or delete assessments from its
4-66 assessment rolls after notice and hearing as provided by Subchapter
4-67 F, Chapter 375, Local Government Code.
4-68 (f) The district may not levy a sales and use tax.
4-69 (g) The district may not acquire property through eminent
4-70 domain.
5-1 (h) If the district, in exercising a power conferred by this
5-2 Act, requires a relocation, adjustment, raising, lowering,
5-3 rerouting, or changing the grade of or altering the construction of
5-4 any street, alley, highway, overpass, underpass, road, railroad
5-5 track, bridge, facility or property; electric line, conduit,
5-6 facility or property; telephone or telegraph line, conduit,
5-7 facility or property; gas transmission or distribution pipe,
5-8 pipeline, main, facility or property; water, sanitary sewer or
5-9 storm sewer pipe, pipeline, main, facility or property; cable
5-10 television line, cable, conduit, facility or property; or other
5-11 pipeline or facility or property relating to the pipeline, that
5-12 relocation, adjustment, raising, lowering, rerouting, changing of
5-13 grade, or altering of construction must be accomplished at the sole
5-14 cost and expense of the district, and the district shall bear
5-15 damages that are suffered by owners of the property or facilities.
5-16 SECTION 14. CONFLICTS WITH OTHER LAW. If any provision of a
5-17 law referenced in Section 13 of this Act is in conflict with or is
5-18 inconsistent with this Act, this Act prevails. Any law referenced
5-19 in this Act that is not in conflict or inconsistent with this Act
5-20 is adopted and incorporated by reference.
5-21 SECTION 15. REQUIREMENTS FOR FINANCING SERVICES AND
5-22 IMPROVEMENTS. The board may not finance services and improvement
5-23 projects under this Act unless a written petition requesting those
5-24 improvements or services has been filed with the board. The
5-25 petition must be signed by:
5-26 (1) the owners of a majority of the assessed value of
5-27 real property in the district as determined by the most recent
5-28 certified county property tax rolls; or
5-29 (2) at least 50 persons who own land within the
5-30 district, if there are more than 50 persons who own property in the
5-31 district as determined by the most recent certified county property
5-32 tax rolls.
5-33 SECTION 16. EXEMPTIONS. A single family residential
5-34 property or a residential duplex, triplex, quadruplex, or
5-35 condominium may not be exempt from the imposition of a tax, an
5-36 impact fee, or an assessment if the tax, impact fee, or assessment
5-37 is imposed in accordance with this Act.
5-38 SECTION 17. NONPROFIT CORPORATION. (a) The board by
5-39 resolution may authorize the creation of a nonprofit corporation to
5-40 aid, assist, and act on behalf of the district in implementing a
5-41 project or providing a service authorized by this Act.
5-42 (b) The board shall appoint the board of directors of a
5-43 nonprofit corporation created under this section. The board of
5-44 directors of the nonprofit corporation shall serve in the same
5-45 manner as, for the same term as, and on the conditions of the board
5-46 of directors of a local government corporation created under the
5-47 Texas Transportation Corporation Act (Article 1528l, Vernon's Texas
5-48 Civil Statutes).
5-49 (c) A nonprofit corporation created under this section has
5-50 the powers of and is considered for purposes of this Act to be a
5-51 local government corporation created under the Texas Transportation
5-52 Corporation Act (Article 1528l, Vernon's Texas Civil Statutes).
5-53 (d) A nonprofit corporation created under this section may
5-54 implement any project and provide any services authorized by this
5-55 Act.
5-56 SECTION 18. DISBURSEMENTS OR TRANSFERS OF FUNDS. The board
5-57 by resolution shall establish the number of directors' signatures
5-58 and the procedure required for a disbursement or transfer of the
5-59 district's money.
5-60 SECTION 19. BONDS. (a) The district may issue bonds or
5-61 other obligations payable in whole or in part from ad valorem
5-62 taxes, assessments, impact fees, revenues, grants, or other funds
5-63 of the district, or any combination of those funds, to pay for any
5-64 authorized purpose of the district, other than to finance a domed
5-65 football stadium.
5-66 (b) Bonds or other obligations of the district may be issued
5-67 in the form of bonds, notes, certificates of participation,
5-68 including other instruments evidencing a proportionate interest in
5-69 payments to be made by the district, or other obligations that are
5-70 issued in the exercise of the district's borrowing power and may be
6-1 issued in bearer or registered form or not represented by an
6-2 instrument but the transfer of which is registered on books
6-3 maintained by or on behalf of the district.
6-4 (c) Except as provided by Subsection (d) of this section,
6-5 the district must obtain the city's approval of:
6-6 (1) the issuance of bonds for an improvement project;
6-7 and
6-8 (2) the plans and specifications of the improvement
6-9 project to be financed by the bonds.
6-10 (d) If the district obtains the city's approval of a capital
6-11 improvements budget for a specified period not to exceed five
6-12 years, the district may finance the capital improvements and issue
6-13 bonds specified in the budget without further city approval.
6-14 (e) Before the district issues bonds, the district shall
6-15 submit the bonds and the record of proceedings of the district
6-16 relating to authorization of the bonds to the attorney general for
6-17 approval as provided by Chapter 53, Acts of the 70th Legislature,
6-18 2nd Called Session, 1987 (Article 717k-8, Vernon's Texas Civil
6-19 Statutes).
6-20 SECTION 20. ASSESSMENTS. (a) The board may levy and
6-21 collect an assessment for any purpose authorized by this Act.
6-22 (b) Assessments, reassessments or assessments resulting
6-23 from an addition to or correction of the assessment roll by the
6-24 district, penalties and interest on an assessment or reassessment,
6-25 expenses of collection, and reasonable attorney's fees incurred by
6-26 the district:
6-27 (1) are a first and prior lien against the property
6-28 assessed;
6-29 (2) are superior to any other lien or claim other than
6-30 a lien or claim for county, school district, or municipal ad
6-31 valorem taxes; and
6-32 (3) are the personal liability of and charge against
6-33 the owners of the property even if the owners are not named in the
6-34 assessment proceedings.
6-35 (c) The lien is effective from the date of the resolution of
6-36 the board levying the assessment until the assessment is paid. The
6-37 board may enforce the lien in the same manner that the board may
6-38 enforce an ad valorem tax lien against real property.
6-39 SECTION 21. APPROVAL OF CERTAIN IMPROVEMENT PROJECTS. The
6-40 district must obtain the city's approval of the plans and
6-41 specifications of any district improvement project related to the
6-42 use of land owned by the city, an easement granted by the city, or
6-43 a right-of-way of a street, road, or highway.
6-44 SECTION 22. ELECTIONS. (a) In addition to the elections
6-45 the district must hold under Subchapter L, Chapter 375, Local
6-46 Government Code, the district shall hold an election in the manner
6-47 provided by that subchapter to obtain voter approval before the
6-48 district imposes a maintenance tax or issues bonds payable from ad
6-49 valorem taxes or assessments.
6-50 (b) The board may submit multiple purposes in a single
6-51 proposition at an election.
6-52 (c) The board may not call an election under this Act unless
6-53 a written petition requesting an election has been filed with the
6-54 board. The petition must be signed by:
6-55 (1) the owners of a majority of the assessed value of
6-56 real property in the district as determined by the most recent
6-57 certified county property tax rolls; or
6-58 (2) at least 50 persons who own land within the
6-59 district, if there are more than 50 persons who own property in the
6-60 district as determined by the most recent certified county property
6-61 tax rolls.
6-62 SECTION 23. IMPACT FEES. The district may impose an impact
6-63 fee for an authorized purpose as provided by Subchapter G, Chapter
6-64 375, Local Government Code.
6-65 SECTION 24. MAINTENANCE TAX. (a) If authorized at an
6-66 election held in accordance with Section 22 of this Act, the
6-67 district may levy and collect an annual ad valorem tax on taxable
6-68 property in the district for the maintenance and operation of the
6-69 district and the improvements constructed or acquired by the
6-70 district or for the provision of services to industrial or
7-1 commercial businesses, residents, or property owners.
7-2 (b) The board shall determine the tax rate.
7-3 SECTION 25. DISSOLUTION OF DISTRICT. (a) The district may
7-4 be dissolved as provided in Subchapter M, Chapter 375, Local
7-5 Government Code.
7-6 (b) Notwithstanding Section 375.264, Local Government Code,
7-7 a district that has debt may be dissolved as provided by Subchapter
7-8 M, Chapter 375, Local Government Code. If the district has debt
7-9 and is dissolved, the district shall remain in existence solely for
7-10 the limited purpose of discharging its bonds or other obligations
7-11 according to their terms.
7-12 SECTION 26. CONTRACTS. (a) To protect the public interest,
7-13 the district may contract with the city or county for the provision
7-14 of law enforcement services by the county or city in the district
7-15 on a fee basis.
7-16 (b) The city, county, or any other political subdivision of
7-17 the state, without further authorization, may contract with the
7-18 district to implement a project of the district or aid and assist
7-19 the district in providing the services authorized under this Act.
7-20 A contract under this subsection may:
7-21 (1) be for a period on which the parties agree;
7-22 (2) include terms on which the parties agree;
7-23 (3) be payable from taxes or any other sources of
7-24 revenue that may be available for such purpose; or
7-25 (4) provide that taxes or other revenue collected at a
7-26 district project or from a person using or purchasing a commodity
7-27 or service at a district project may be paid or rebated to the
7-28 district under the terms of the contract.
7-29 (c) The district may enter into a contract, lease, or
7-30 agreement with or make or accept grants and loans to or from:
7-31 (1) the United States, including federal departments
7-32 and agencies;
7-33 (2) the state or a state agency;
7-34 (3) a county, municipality, or other political
7-35 subdivision of the state;
7-36 (4) a public or private corporation, including a
7-37 nonprofit corporation created by the board under this Act; and
7-38 (5) any other person.
7-39 (d) The district may perform all acts necessary for the full
7-40 exercise of the powers vested in the district on terms and
7-41 conditions and for the term the board may determine to be
7-42 advisable.
7-43 SECTION 27. COMPETITIVE BIDDING. The district may enter a
7-44 contract for more than $10,000 for services, improvements, or the
7-45 purchase of materials, machinery, equipment, supplies, or other
7-46 property only as provided by Subchapter K, Chapter 375, Local
7-47 Government Code.
7-48 SECTION 28. REINVESTMENT ZONES. All or any part of the area
7-49 of the district is eligible to be included in a tax incremental
7-50 reinvestment zone created by the city under Chapter 311, Tax Code,
7-51 or included in a tax abatement reinvestment zone created by the
7-52 city under Chapter 312, Tax Code.
7-53 SECTION 29. NOTICE AND CONSENT. The legislature finds that:
7-54 (1) proper and legal notice of the intention to
7-55 introduce this Act, setting forth the general substance of this
7-56 Act, has been published as provided by law, and the notice and a
7-57 copy of this Act have been furnished to all persons, agencies,
7-58 officials, or entities to which they are required to be furnished
7-59 by the constitution and laws of this state, including the governor,
7-60 who has submitted the notice and a copy of this Act to the Texas
7-61 Natural Resource Conservation Commission;
7-62 (2) the Texas Natural Resource Conservation Commission
7-63 has filed its recommendations relating to this Act with the
7-64 governor, lieutenant governor, and speaker of the house of
7-65 representatives within the required time;
7-66 (3) the general law relating to consent by political
7-67 subdivisions to the creation of districts with conservation,
7-68 reclamation, and road powers and the inclusion of land in those
7-69 districts has been complied with; and
7-70 (4) all requirements of the constitution and laws of
8-1 this state and the rules and procedures of the legislature with
8-2 respect to the notice, introduction, and passage of this Act have
8-3 been fulfilled and accomplished.
8-4 SECTION 30. EMERGENCY. The importance of this legislation
8-5 and the crowded condition of the calendars in both houses create an
8-6 emergency and an imperative public necessity that the
8-7 constitutional rule requiring bills to be read on three several
8-8 days in each house be suspended, and this rule is hereby suspended,
8-9 and that this Act take effect and be in force from and after its
8-10 passage, and it is so enacted.
8-11 * * * * *