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.