By Zbranek H.B. No. 3579 Line and page numbers may not match official copy. Bill not drafted by TLC or Senate E&E. A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation, administration, powers, and authority of 1-3 the Chambers County-Cedar Bayou Navigation District. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. CREATION; LEGISLATIVE DECLARATION. (a) There is 1-6 created and established a special district to be known as the 1-7 "Chambers County- Cedar Bayou Navigation District" that is a 1-8 governmental agency, a body politic and corporate, and a political 1-9 subdivision of the state. 1-10 (b) The name of the district may be changed by resolution of 1-11 the board of directors of the district at any time so long as the 1-12 name is descriptive of the location and the principal powers of the 1-13 district. 1-14 (c) The creation of the district is declared to be essential 1-15 to the accomplishment of the purposes of Article XVI, Section 59, 1-16 of the Texas Constitution and to the accomplishment of the other 1-17 purposes stated in this Act. 1-18 (d) The legislature finds, determines, and declares that the 1-19 creation of the district is necessary to diversify the economy of 1-20 the state, promote, develop, expand, encourage, and maintain 1-21 employment, commerce, economic development, and the public welfare, 2-1 to promote the transportation of agricultural, industrial and 2-2 commercial products, to promote the health, safety, and general 2-3 welfare of property owners, residents, employers, and employees, in 2-4 the district, and the general public, to promote the improvement of 2-5 rivers, bays, creeks, streams, and canals to permit or to aid 2-6 navigation and commerce. 2-7 The district will provide needed funding in the greater Cedar 2-8 Bayou area to preserve, maintain, and enhance the economic health 2-9 and vitality of the area as a community and a business and 2-10 industrial center. The district will not act as the agent or 2-11 instrumentality of any private interests even though many private 2-12 interests will be benefited by the district, as will the general 2-13 public. The legislature further finds and determines and intends 2-14 that by creating the district it has established a program to 2-15 accomplish the public purposes set out in Article XVI, Section 59, 2-16 Texas Constitution. 2-17 (e) The legislature finds that all of the land and other 2-18 property included within the boundaries of the district will be 2-19 benefited by the improvements and services to be provided by the 2-20 district under powers conferred by Article XVI, Section 59 of the 2-21 Texas Constitution, and other powers granted under this Act, and 2-22 that the district is created to serve a public use and benefit. 2-23 (f) This Act shall be liberally construed in conformance 2-24 with the legislative findings and purposes stated in this Act. 2-25 SECTION 2. DEFINITION. In this Act, "district" means 3-1 Chambers County-Cedar Bayou Navigation District. 3-2 SECTION 3. BOUNDARIES. The district shall include all of 3-3 the territory contained within the following described area: 3-4 BEING approximately 8640 acres of land situated wholly in Chambers 3-5 County, Texas, and being more particularly described by metes and 3-6 bounds as follows, to-wit: 3-7 BEGINNING at the most Western Northwest corner of the existing 3-8 Chambers-Liberty Counties Navigation District boundary on the East 3-9 Bank of Cedar Bayou for the Southwest corner of this tract of land 3-10 and being the Northwest corner of the John Ijams League, Abstract 3-11 No. 15 and the Southwest corner of the John Steele Survey, Abstract 3-12 No. 227; 3-13 THENCE in a Northerly direction with the West line of this tract, 3-14 the West line of the Steele Survey, and the East Bank of Cedar 3-15 Bayou to a point in the North right of way line of Spur 55 for a 3-16 corner of this tract and the Southwest corner of a 6.35 acre tract 3-17 of land belonging to Johnnie G. Jennings; 3-18 THENCE in an Easterly direction with the North line of this tract 3-19 of land, the North right of way line of Spur 55 and the South line 3-20 of the Johnnie G. Jennings 6.35 acre tract of land to the East 3-21 corner of said 6.35 acre tract of land in the South line of the 3-22 Rosemary Jennings 61.56 acre tract of land; 3-23 THENCE in an Easterly direction with the North line of this tract 3-24 of land, the South line of said 61.56 acre tract of land, the South 3-25 line of the Rosemary Jennings, et al., 29.47 acre tract of land and 4-1 the North line of the Cedar Crossing Business Park Subdivision 4-2 crossing Spur 55 to the Southeast corner of the Rosemary Jennings, 4-3 et al., 29.47 acre tract of land for a corner of this tract of 4-4 land. This corner being an interior corner of the Cedar Crossing 4-5 Business Park Subdivision; 4-6 THENCE in a Northerly direction with the West line of this tract of 4-7 land, the West line of the Business Park and the East line of said 4-8 29.47 acre tract of land to a point for the most Western Northwest 4-9 corner of the Business Park, the Southwest corner of the Rosemary 4-10 Jennings, et al., 22.50 acre tract of land and a corner of this 4-11 tract of land; 4-12 THENCE in an Easterly direction with the North line of this tract, 4-13 the North line of the Business Park and the South line of said 4-14 22.50 acre tract of land to a point for a corner of this tract of 4-15 land in the West right of way line of West Bay Road; 4-16 THENCE in a Northerly direction with the West line of this tract of 4-17 land and the West right of way line of West Bay Road crossing Spur 4-18 55 to a point for a corner of this tract of land and the Northeast 4-19 corner of the Rosemary Jennings, et al., 10.00 acre tract of land; 4-20 THENCE in a Westerly direction with the South line of this tract of 4-21 land and the North line of said 10 acre tract of land to a point 4-22 for a corner of this tract of land and the Northwest corner of said 4-23 10 acre tract of land; 4-24 THENCE in a Southerly direction with the East line of this tract of 4-25 land and the West line of said 10 acre tract of land crossing Spur 5-1 55 to a point for a corner of this tract of land and the Northeast 5-2 corner of the Rosemary Jennings, et al., 29.47 acre tract of land; 5-3 THENCE in a Westerly direction with the South line of this tract of 5-4 land, the North line of the said 29.47 acre tract and the North 5-5 line of the Rosemary Jennings 61.56 acre tract of land to a point 5-6 for a corner of this tract of land and the North right of way of 5-7 Spur 55; 5-8 THENCE in a Westerly direction with the South line of this tract, 5-9 the North right of way line of Spur 55 and the South line of the 5-10 Johnnie Jennings 6.35 acre tract of land to a point for a corner of 5-11 this tract of land and the Southwest corner of said 6.35 acre tract 5-12 of land. This corner is on the West line of the Steele Survey and 5-13 the East Bank of Cedar Bayou; 5-14 THENCE in a Northerly direction with the West line of this tract, 5-15 the West line of the Steele Survey, the West line of the Christian 5-16 Smith League, Abstract No. 22, and the East Bank of Cedar Bayou to 5-17 a point where the East Bank of Cedar Bayou intersects the West 5-18 right of way line of West Bay Road for a corner of this tract of 5-19 land; 5-20 THENCE in a Northerly direction with the West line of this tract 5-21 and the West right of way line of West Bay Road to the South right 5-22 of way line of F.M. Highway No. 565 for the Northwest Corner of 5-23 this tract of land; 5-24 THENCE in an Easterly direction with the North line of this tract 5-25 and the South right of Way line of F.M. Highway No. 565 to a point 6-1 for the Northeast corner of this tract of land in the West boundary 6-2 of the Chambers-Liberty Counties Navigation District, the East 6-3 boundary of the Jacob Townsend Survey, Abstract No. 25 and the West 6-4 boundary of the Benjamin Winfree Survey, Abstract No. 28; 6-5 THENCE in a Southerly direction with the East line of this tract of 6-6 land, the West line of the Chambers-Liberty Counties Navigation 6-7 District existing boundary, the East line of the Townsend Survey, 6-8 the West line of the Winfree Survey and the East line of Chambers 6-9 County School Land Survey, Abstract No. 321, to the Southwest 6-10 corner of the Winfree Survey, a corner of the School Land Survey 6-11 and a corner of this tract of land; 6-12 THENCE in an Easterly direction with the North line of this tract, 6-13 the South line of the Chambers-Liberty Counties Navigation District 6-14 existing boundary to a point for the Northwest corner of the 6-15 Solomon Barrow Survey, Abstract No. 3, a Northeast corner of the 6-16 School Land Survey and a corner of this tract of land; 6-17 THENCE in a Southerly direction with the East line of this tract, 6-18 the West line of Chambers-Liberty Counties Navigation District 6-19 existing boundary, the East line of the said School Land Survey and 6-20 the West line of the Barrow Survey to a point for a corner of this 6-21 tract of land, the Southwest corner of the Barrow Survey and a 6-22 corner of said School Land Survey. This corner is in the North 6-23 line of the J.L. Hill Survey, Abstract No. 106; 6-24 THENCE in a Westerly direction with the South line of this tract, 6-25 the North line of Chambers-Liberty Counties Navigation District 7-1 existing boundary, the South line of said School Land Survey and 7-2 the North line of the Hill Survey to a point for the Northwest 7-3 corner of the Hill Survey, a corner of this tract of land, a corner 7-4 of the existing District boundary and a corner of said School Land 7-5 Survey; 7-6 THENCE in a Southerly direction with the East line of this tract, 7-7 the East line of said School Land Survey, the West line of the Hill 7-8 Survey, the West line of Chambers-Liberty Counties Navigation 7-9 District existing boundary and the West line of the J.K. Allen 7-10 Survey, Abstract No. 31 to a point for the Southeast corner of this 7-11 tract of land, a corner of the Chambers-Liberty Counties Navigation 7-12 District boundary, the Southeast corner of said School Land Survey 7-13 and the Northeast corner of the Chambers County School Land Survey, 7-14 Abstract No. 320; 7-15 THENCE in a Westerly direction with the South line of this tract, 7-16 the North line of the Chambers-Liberty Counties Navigation District 7-17 existing boundary, the South boundary of the School Land Survey, 7-18 Abstract No. 321 and the North boundary of the School Land Survey, 7-19 Abstract 320 to a point for a corner of this tract of land, the 7-20 Southwest corner of the School Land Survey Abstract No. 321 and 7-21 the Northwest corner of the School Land Survey Abstract No. 320. 7-22 This corner is in the East line of the Andrew Beard Survey, 7-23 Abstract No. 44; 7-24 THENCE in a Northerly direction with the West line of this tract, 7-25 the East line of the Chambers-Liberty Counties Navigation District 8-1 existing boundary, the West line of the School Land Survey Abstract 8-2 No. 321 and the East line of the Beard Survey to a point for a 8-3 corner of this tract of land, a corner of the Chambers-Liberty 8-4 Counties Navigation District existing boundary, the Northeast 8-5 corner of the Beard Survey and the Southeast corner of the John 8-6 Steele Survey; 8-7 THENCE in a Westerly direction with the South line of this tract, 8-8 the North line of the Chambers-Liberty Counties Navigation District 8-9 existing boundary, the South line of the Steele Survey and the 8-10 North line of the Beard Survey to a point for a corner of this 8-11 tract of land, the Northwest corner of the Beard Survey and the 8-12 Northeast corner of the Ijams League; 8-13 THENCE in a Westerly direction with the South line of this tract, 8-14 the North line of the Chambers-Liberty Counties Navigation District 8-15 existing boundary, the South line of the Steele Survey and the 8-16 North line of the Ijams League to the PLACE OF BEGINNING, 8-17 containing within said boundaries approximately 8640 acres of land. 8-18 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature 8-19 finds that the boundaries and field notes of the district form a 8-20 closure. If a mistake is made in the field notes or in copying the 8-21 field notes in the legislative process, it in no way affects the 8-22 organization, existence, and validity of the district, the right of 8-23 the district to issue any type of bonds or to issue or enter into 8-24 other types of obligations for the purposes for which the district 8-25 is created or the right of the district to levy and collect 9-1 assessments or taxes, or in any other manner affects the legality 9-2 or operation of the district or its governing body. 9-3 SECTION 5. BOARD OF DIRECTORS. (a) The district is to be 9-4 governed by a board of five (5) directors. 9-5 (b) Except for the initial directors, each director shall be 9-6 appointed by the Commissioners Court of Chambers County from a list 9-7 of candidates recommended by the board in the manner provided in 9-8 Section 375.064, Government Code. Said directors shall serve 9-9 staggered six (6) year terms with the terms of either 2 directors 9-10 or 1 director expiring on May 1st of each odd numbered year as 9-11 provided below. Each director so appointed shall serve a term of 9-12 office six (6) years, and until his or her successor is appointed 9-13 and has qualified. Appointments to fill an unexpired term shall be 9-14 made by the remaining directors. 9-15 (c) At the time this Act takes effect, the following persons 9-16 shall constitute the initial board of directors of the district and 9-17 are hereby appointed for the terms prescribed by subsection (d) of 9-18 this section. 9-19 Director Position Name of Director 9-20 1 Jim Molnar 9-21 2 David Baker 9-22 3 Johnnie Jennings 9-23 4 Joseph S. Antoline 9-24 5 Gordon Christman 9-25 (d) Of the initial directors, the directors appointed for 10-1 director positions 1 and 3 shall serve until May 1, 1999; the 10-2 directors appointed for director positions 2 and 4 shall serve 10-3 until May 1, 2001; and the director appointed for director position 10-4 5 shall serve until May 1, 2003. 10-5 (e) Each initial director and each subsequent director 10-6 appointed for either a full or partial term shall meet the 10-7 following qualifications: 10-8 (i) be at least eighteen (18) years of age; and 10-9 (ii) be an owner of property in the district; or 10-10 (iii) be an owner of stock, whether beneficial or 10-11 otherwise, of a corporate owner of property in the district; or 10-12 (iv) be an owner of a beneficial interest in a trust 10-13 that owns property in the district; or 10-14 (v) be an agent, employee or tenant of a person 10-15 described in the foregoing subsections (ii), (iii), or (iv). 10-16 No person may be appointed as a director or continue to serve as a 10-17 director unless they satisfy these requirements. Each director 10-18 shall qualify for office as provided in Subchapter D, Chapter 375, 10-19 Local Government Code. 10-20 (f) The board shall be governed by the terms and conditions 10-21 set forth in Chapter 63, Subchapter C, Water Code, to the extent 10-22 such provisions do not conflict with the provisions of this Act. 10-23 (g) Directors shall be compensated in the manner provided by 10-24 Section 63.098, Water Code. 10-25 SECTION 6. GENERAL POWERS. (a) The district shall have all 11-1 the rights, powers, privileges, and authority conferred by the 11-2 general law of this state applicable to districts created under 11-3 Chapters 60, 62, and 63, Water Code. The district shall also have 11-4 the rights, powers, privileges, and authority granted to districts 11-5 by Chapter 63, Subchapters E and M, Water Code, and Section 61.116, 11-6 Water Code; provided, however, bonds or other obligations issued 11-7 pursuant to any of the foregoing may be secured by revenues, 11-8 assessments, impact fees, grants or other funds of the district, or 11-9 any combination thereof. The district may acquire any interest in 11-10 land in accordance with Chapter 63, Water Code. If any provision 11-11 of the referenced laws is in conflict with or is inconsistent with 11-12 the provisions of this Act, this Act prevails. All laws or 11-13 provisions of a law referenced herein are adopted and incorporated 11-14 into this act for all purposes and may be used by the district 11-15 independently of each other. Each law and provision of law 11-16 referenced herein is adopted and incorporated into this Act as it 11-17 is amended from time to time by the legislature. 11-18 (b) The district may finance the cost of any authorized 11-19 improvement project or services in the manner set forth in any of 11-20 the laws made applicable to the district, including Chapter 63, 11-21 Subchapter H, Water Code. No petition shall be required for the 11-22 board to be authorized to levy assessments or impact fees to 11-23 finance services and improvement projects pursuant to this act. 11-24 (c) The district shall not have the power to levy ad valorem 11-25 taxes unless the same shall have been approved by a majority of the 12-1 district's qualified electors. 12-2 (d) The district, in exercising any of the powers conferred 12-3 by this Act, requires a relocation, adjustment, raising, lowering, 12-4 rerouting, or changing the grade of or altering the construction of 12-5 any street, alley, highway, overpass, underpass, or road, any 12-6 railroad track, bridge, or other facilities or property, any 12-7 electric lines, conduits, or other facilities or property, any 12-8 telephone or telegraph lines, conduits, or other facilities or 12-9 property, any gas transmission or distribution pipes, pipelines, 12-10 mains, or other facilities or property, any cable television lines, 12-11 cables conduits, or other facilities or property or any other 12-12 pipelines and any facilities or properties relating to those 12-13 pipelines, those relocations, adjustments, raising, lowering, 12-14 rerouting, or changing of grade, or altering of construction must 12-15 be accomplished at the sole cost and expense of the district, and 12-16 damages that are suffered by the owners of the property or 12-17 facilities shall be borne by the district. 12-18 SECTION 7. TORT CLAIMS. The district is a unit of 12-19 government for purposes of Chapter 101, Civil Practice and Remedies 12-20 Code (Texas Tort Claims Act) and the operations of the district are 12-21 considered essential governmental functions and not proprietary 12-22 functions for all purposes, including the application of the Texas 12-23 Tort Claim Act. 12-24 SECTION 8. ANNEXATION AND EXCLUSION OF TERRITORY BY THE 12-25 DISTRICT. The district may annex land to and exclude land from the 13-1 district in the manner provided by Chapter 63, Water Code. Land 13-2 may not be annexed to the district unless the municipality in whose 13-3 extraterritorial jurisdiction (as defined in Section 42.021, Local 13-4 Government Code) the land lies consents of the annexation. 13-5 SECTION 9. MUNICIPAL ANNEXATION OF THE DISTRICT. A 13-6 municipality in whose extraterritorial jurisdiction the district 13-7 lies may annex the district in whole or in part, notwithstanding 13-8 any provision of Chapter 43, Local Government Code, and such 13-9 annexation shall not result in total or partial dissolution of the 13-10 district or an assumption by the annexing municipality of any of 13-11 the district's obligations or indebtedness. Creation of the 13-12 district shall not affect the power of any municipality, in whose 13-13 extraterritorial jurisdiction the district or part of the district 13-14 lies, to designate all or part of the district or in any way limit 13-15 the powers of said municipality conferred by virtue of Chapter 42 13-16 of the Local Government Code. Creation of the district shall not 13-17 affect the power of any municipality to provide municipal services 13-18 to any area within the municipality or its extraterritorial 13-19 jurisdiction which is within the district and such municipality 13-20 shall have the same power to extend or provide municipal services 13-21 after the creation of the district as it had before its creation. 13-22 Any municipal annexation of the district, in whole or in part, 13-23 shall have no effect on the validity of the district and the 13-24 district shall continue to exist and exercise the powers granted in 13-25 this Act. 14-1 SECTION 10. BONDS AND ASSESSMENTS. (a) The district may 14-2 issue bonds payable in whole or in part from assessments, impact 14-3 fees, revenues, grants, or other funds of the district, or any 14-4 combination thereof, to pay for any purpose of the district 14-5 authorized by this Act. The board may levy and collect assessments 14-6 pursuant to the terms and conditions of Chapter 375, Subchapter F, 14-7 Local Government Code, for any authorized purpose to the extent 14-8 they do not conflict with other provisions of this Act. 14-9 (b) No approval of bonds issued by the District shall be 14-10 required other than that of the Attorney General in accordance with 14-11 the provisions of 375.205, Local Government Code, and that of the 14-12 Texas Water Commission if the bonds are issued for a purpose which 14-13 requires such approval by Section 375.208, Local Government Code. 14-14 (c) Assessments or reassessments by the district, penalties 14-15 and interest thereon, expenses of collection, and reasonable 14-16 attorneys fees, if incurred, are a first and prior lien against the 14-17 property assessed, superior to all other liens and claims except 14-18 liens or claims for state, county, school district or municipality 14-19 ad valorem taxes, and are a personal liability of and charge 14-20 against the owners of the property regardless of whether the owners 14-21 are named in the assessment proceedings. The lien is effective 14-22 from the date of the resolution of the board levying the assessment 14-23 until the assessment is paid and may be enforced by the board in 14-24 the same manner that an ad valorem tax lien against real property 14-25 may be enforced by the board. 15-1 SECTION 11. IMPACT FEES. The district may impose impact 15-2 fees as provided by Chapter 375, Subchapter G, Local Government 15-3 Code for any authorized purpose. Because the district is created 15-4 in an area that is devoted primarily to industrial, commercial and 15-5 business activity, the district may not impose an impact fee or 15-6 assessment on a single family residential property, or any 15-7 residential duplex, triplex, quadruplex, or condominium. 15-8 SECTION 12. DISSOLUTION OF THE DISTRICT. The district may 15-9 be dissolved as provided in either Section 375.261 or Section 15-10 375.362, Local Government Code. If the district is dissolved as 15-11 set forth in this Act, the district shall remain in existence 15-12 solely for the limited purpose of discharging its bonds or other 15-13 obligations in accordance with their terms. 15-14 SECTION 13. COMPETITIVE BIDDING. The district shall 15-15 contract for services, improvements or the purchase of materials, 15-16 machinery, equipment, supplies, and other property as provided by 15-17 Section 375.221, Local Government Code. 15-18 SECTION 14. NOTICE AND CONSENT. The legislature finds that 15-19 proper and legal notice of the intention to introduce this Act, 15-20 setting forth the general substance of this Act, has been published 15-21 as provided by law, and the notice and a copy of this Act have been 15-22 furnished to all persons, agencies, officials, or entities to which 15-23 they are required to be furnished by the constitution and laws of 15-24 this state, including the governor of Texas, who has submitted the 15-25 notice and Act to the Texas Water Commission. The legislature also 16-1 finds that the Texas Water Commission has filed its recommendations 16-2 relating to this Act with the governor, lieutenant governor, and 16-3 speaker of the house of representatives within the required time. 16-4 The general law relating to consent by political subdivisions to 16-5 the creation of districts with conservation, reclamation, and road 16-6 powers and the inclusion of land in those districts has been 16-7 compiled with, and all requirements of the constitution and laws of 16-8 this state and the rules and procedures of the legislature with 16-9 respect to the notice, introduction and passage of this Act have 16-10 been fulfilled and accomplished. 16-11 SECTION 15. SEVERABILITY CLAUSE. The provisions of this Act 16-12 are severable, and if any provision or part of this Act or the 16-13 application thereof to any person or circumstance shall ever be 16-14 held by any court of competent jurisdiction to be invalid or 16-15 unconstitutional for any reason, the remainder of this Act and the 16-16 application of such provision or part of this Act to other persons 16-17 or circumstances shall not be affected thereby. 16-18 SECTION 16. EMERGENCY CLAUSE. The importance of this 16-19 legislation and the crowded condition of the calendars in both 16-20 houses create an emergency and an imperative public necessity that 16-21 the constitutional rule requiring bills to be read on three several 16-22 days in each house be suspended, and this rule is hereby suspended, 16-23 and that this Act take effect and be in force from and after its 16-24 passage, and it is so enacted.