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 * * * * *