AN ACT
1-1 relating to the creation of certain municipal management districts;
1-2 authorizing the issuance of bonds and the imposition of taxes.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle A, Title 12, Local Government Code, is
1-5 amended by adding Chapter 376 to read as follows:
1-6 CHAPTER 376. SPECIFIC MUNICIPAL MANAGEMENT DISTRICTS
1-7 (Subchapters A-E reserved for expansion
1-8 SUBCHAPTER F. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 2
1-9 Sec. 376.211. CREATION OF DISTRICT. (a) A special district
1-10 to be known as the "Harris County Improvement District No. 2"
1-11 exists as a governmental agency, body politic and corporate, and
1-12 political subdivision of the state.
1-13 (b) The name of the district may be changed by resolution of
1-14 the board.
1-15 (c) The creation of the district is essential to accomplish
1-16 the purposes of Section 52, Article III, Section 59, Article XVI,
1-17 and Section 52-a, Article III, Texas Constitution, and other public
1-18 purposes stated in this subchapter.
1-19 Sec. 376.212. DECLARATION OF INTENT. (a) The creation of
1-20 the district is necessary to promote, develop, encourage, and
1-21 maintain employment, commerce, transportation, housing, tourism,
1-22 recreation, arts, entertainment, economic development, safety, and
1-23 the public welfare in the Richmond Avenue area of Houston.
2-1 (b) The creation of the district and this legislation is not
2-2 to be interpreted to relieve the county or the municipality from
2-3 providing the level of services, as of September 1, 1997, to the
2-4 area in the district or to release the county or the municipality
2-5 from the obligations each entity has to provide services to that
2-6 area. The district is created to supplement and not supplant the
2-7 municipal or county services provided in the area in the district.
2-8 (c) By creating the district and in authorizing the
2-9 municipality, county, and other political subdivisions to contract
2-10 with the district, the legislature has established a program to
2-11 accomplish the public purposes set out in Section 52-a, Article
2-12 III, Texas Constitution.
2-13 Sec. 376.213. DEFINITIONS. In this subchapter:
2-14 (1) "Board" means the board of directors of the
2-15 district.
2-16 (2) "County" means Harris County, Texas.
2-17 (3) "District" means the Harris County Improvement
2-18 District No. 2.
2-19 (4) "Municipality" means the City of Houston, Texas.
2-20 Sec. 376.214. BOUNDARIES. The district includes all the
2-21 territory contained in the following described area:
2-22 Being 167 acres, more or less, out of the R. Vince Survey,
2-23 Abstract No. 77, Abstract No. 697, the H. Sanderson Survey,
2-24 Abstract No. 725, the G.C. & S.F. RR Survey, Abstract No. 997, all
2-25 located in Harris County, Texas, being more particularly described
3-1 by metes and bounds as follows:
3-2 BEGINNING AT A POINT being the point of intersection of the
3-3 centerline of the right of way of Fairdale Street and the West line
3-4 of the H. Sanderson Survey, Abstract No. 725, being also a point in
3-5 the East line of the R. Vince Survey, Abstract No. 77,
3-6 Thence in an easterly direction with the centerline of Fairdale
3-7 Street, to the point of intersection with the centerline of the
3-8 right of way of Chimney Rock Road,
3-9 Thence in a southerly direction with the centerline of the right of
3-10 way of Chimney Rock Road to the point of intersection with the
3-11 easterly projection of the centerline of the right of way of
3-12 Beverly Hill Lane,
3-13 Thence in a westerly direction with said easterly projection and
3-14 then continuing with the centerline of the right of way of Beverly
3-15 Hill Lane to the point of intersection with the northerly
3-16 projection of the East line of Lot 133 of the Westheimer Gardens
3-17 subdivision as described by plat filed of record in Volume 24, Page
3-18 8 of the Map Records of Harris County, Texas,
3-19 Thence in a southerly direction with said northerly projection of
3-20 the East line of Lot 133 of the Westheimer Gardens Subdivision and
3-21 then continuing with said East Line to the southeast corner of that
3-22 lot, being also a point in the North line of Lot 1, Block 1 of the
3-23 Westheimer Manor subdivision as described by plat recorded in
3-24 Volume 26, Page 30 of the Map Records of Harris County, Texas,
3-25 Thence in an easterly direction with the North line of Lot 1, Block
4-1 1 of the Westheimer Manor subdivision to the northeast corner of
4-2 that lot,
4-3 Thence continuing in a southerly direction with the east line of
4-4 Lot 1, Block 1 of Westheimer Manor subdivision to the southeast
4-5 corner of that lot,
4-6 Thence continuing in a southerly direction crossing the right of
4-7 way of Schumacher Lane to the northeast corner of Lot 33, Block 3
4-8 of Westheimer Manor,
4-9 Thence continuing in a southerly direction with the East line of
4-10 Lot 33, Block 3 of Westheimer Manor to the southeast corner of that
4-11 lot, being also the northeast corner of Lot 49, Block 3 of
4-12 Westheimer Manor,
4-13 Thence continuing in a southerly direction with the East line of
4-14 Lot 49, Block 3 of Westheimer Manor to the southeast corner of that
4-15 lot,
4-16 Thence continuing in a southerly direction crossing the right of
4-17 way of Star Lane to the northeast corner of Lot 97, Block 5 of
4-18 Westheimer Manor,
4-19 Thence continuing in a southerly direction with the East line of
4-20 Lot 97, Block 5 of Westheimer Manor to the southeast corner of that
4-21 lot, being also the northeast corner of Lot 113, Block 5 of
4-22 Westheimer Manor,
4-23 Thence continuing in a southerly direction with the East line of
4-24 Lot 97, Block 5 of Westheimer Manor passing the southeast corner of
4-25 that lot and continuing in a southerly direction with a southerly
5-1 projection of the East line of Lot 97, Block 5 of Westheimer Manor
5-2 to the point of intersection with the centerline of the right of
5-3 way of U.S. Highway 59 South,
5-4 Thence in a westerly direction with the centerline of the right of
5-5 way of U.S. Highway 59 South to the point of intersection with the
5-6 southerly projection of the West line of Lot 229, Block 6 of
5-7 Glenhaven Estates Section 2 as described by plat recorded in Volume
5-8 19, Page 59 of the Map Records of Harris County, Texas,
5-9 Thence in a northerly direction with the southerly projection of
5-10 the West line of Lot 229, Block 6 of Glenhaven Estates Section 2
5-11 and continuing with the West line of Lot 229, Block 6 of Glenhaven
5-12 Estates Section 2 to the northwest corner of that lot, being also
5-13 the southwest corner of Lot 224, Block 6 of Glenhaven Estates
5-14 Section 2,
5-15 Thence continuing a northerly direction with the West line of Lot
5-16 224, Block 6 of Glenhaven Estates Section 2 and a northerly
5-17 projection thereof to the point of intersection with the centerline
5-18 of Skyline Lane,
5-19 Thence in an easterly direction to the point of intersection with
5-20 the southerly projection of the West line of Lot 171, Block 5 of
5-21 Glenhaven Estates Section 2,
5-22 Thence in a northerly direction with the southerly projection of
5-23 the West line of Lot 171, Block 5 of Glenhaven Estates Section 2,
5-24 passing the southwest corner of that lot and continuing in a
5-25 northerly direction along the West line of Lot 171, Block 5 of
6-1 Glenhaven Estates Section 2 to the northwest corner of that lot,
6-2 being also the southwest corner of Lot 170, Block 5 of Glenhaven
6-3 Estates Section 2,
6-4 Thence in an easterly direction along the South line of Lot 170,
6-5 Block 5 of Glenhaven Estates Section 2 passing the southeast corner
6-6 of that lot, and continuing with an easterly projection of the
6-7 South line of Lot 170, Block 5 of Glenhaven Estates Section 2 to
6-8 the point of intersection with the centerline of the right of way
6-9 of Fountainview Drive, formerly known as Ulrich Road,
6-10 Thence in a northerly direction with the centerline of the right of
6-11 way of Fountainview Drive to the point of intersection with the
6-12 easterly projection of the centerline of the right of way of
6-13 Beverly Hill Lane,
6-14 Thence in a westerly direction with the easterly projection of the
6-15 centerline of the right of way of Beverly Hill Lane and continuing
6-16 in a westerly direction with the centerline of the right of way of
6-17 Beverly Hill Lane and continuing with a westerly projection thereof
6-18 to the point of intersection with the centerline of Hillcroft
6-19 Avenue,
6-20 Thence in a northerly direction with the centerline of Hillcroft
6-21 Avenue to the point of intersection with the westerly projection of
6-22 the centerline of Fairdale Street,
6-23 Thence in an easterly direction with the westerly projection of the
6-24 centerline of Fairdale Street and continuing with the centerline of
6-25 Fairdale Street to the POINT of BEGINNING, SAVE AND EXCEPT the
7-1 following parcels of land:
7-2 Lots 3, 4, 5, 6, 8, 9, 10, 12, 13, 26, 27, 28, 114, 123, 124, 125,
7-3 126, 127, 128, 129, 130, and 131 of the Westheimer Gardens
7-4 Subdivision as described by plat filed for record in Volume 24,
7-5 Page 8 of the Map Records of Harris County, Texas; Lot 96 of the
7-6 Glenhaven Estates, Section 1 Subdivision as described by plat filed
7-7 for record in Volume 16, Page 71 of the Map Records of Harris
7-8 County, Texas, SAVE AND EXCEPT all tracts or parcels of land,
7-9 rights-of-ways, facilities, and improvements owned by a public
7-10 utility as defined by Section 2.0011(1), Public Utility Regulatory
7-11 Act of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes).
7-12 Sec. 376.215. FINDINGS RELATING TO BOUNDARIES. The
7-13 boundaries and field notes of the district form a closure. If a
7-14 mistake is made in the field notes or in copying the field notes in
7-15 the legislative process, the mistake does not in any way affect
7-16 the:
7-17 (1) organization, existence, and validity of the
7-18 district;
7-19 (2) right of the district to issue any type of bonds
7-20 or refunding bonds for the purposes for which the district is
7-21 created or to pay the principal of and interest on the bonds;
7-22 (3) right of the district to impose and collect
7-23 assessments or taxes; or
7-24 (4) legality or operation of the district or its
7-25 governing body.
8-1 Sec. 376.216. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
8-2 (a) All the land and other property included in the district will
8-3 be benefited by the improvements and services to be provided by the
8-4 district under powers conferred by Section 52, Article III, Section
8-5 59, Article XVI, and Section 52-a, Article III, Texas Constitution,
8-6 and other powers granted under this subchapter, and the district is
8-7 created to serve a public use and benefit.
8-8 (b) The creation of the district is in the public interest
8-9 and is essential to:
8-10 (1) further the public purposes of the development and
8-11 diversification of the economy of the state; and
8-12 (2) eliminate unemployment and underemployment and
8-13 develop or expand transportation and commerce.
8-14 (c) The district will:
8-15 (1) promote the health, safety, and general welfare of
8-16 residents, employers, employees, visitors, consumers in the
8-17 district, and the general public;
8-18 (2) provide needed funding to preserve, maintain, and
8-19 enhance the economic health and vitality of the area in the
8-20 district as a community and business center; and
8-21 (3) further promote the health, safety, welfare, and
8-22 enjoyment of the public by providing pedestrian ways and by
8-23 landscaping and developing certain areas in the district, which are
8-24 necessary for the restoration, preservation, and enhancement of
8-25 scenic and aesthetic beauty.
9-1 (d) Pedestrian ways along or across a street, whether at
9-2 grade or above or below the surface, and street lighting, street
9-3 landscaping, and street art objects are parts of and necessary
9-4 components of a street and are considered to be a street or road
9-5 improvement.
9-6 (e) The district will not act as the agent or
9-7 instrumentality of any private interest even though many private
9-8 interests will be benefited by the district, as will the general
9-9 public.
9-10 Sec. 376.217. APPLICATION OF OTHER LAW. Except as otherwise
9-11 provided by this subchapter, Chapter 375 applies to the district.
9-12 Sec. 376.218. CONSTRUCTION OF SUBCHAPTER. This subchapter
9-13 shall be liberally construed in conformity with the findings and
9-14 purposes stated in this subchapter.
9-15 Sec. 376.219. BOARD OF DIRECTORS IN GENERAL. (a) The
9-16 district is governed by a board of nine directors who serve
9-17 staggered terms of four years with four or five members' terms
9-18 expiring June 1 of each odd-numbered year. The board may increase
9-19 or decrease the number of directors on the board by resolution,
9-20 provided that it is in the best interest of the district to do so
9-21 and that the board consists of not fewer than nine and not more
9-22 than 30 directors.
9-23 (b) Subchapter D, Chapter 375, applies to the board to the
9-24 extent that subchapter does not conflict with this subchapter. The
9-25 imposition of a tax, assessment, or impact fee requires a vote of a
10-1 majority of the directors serving. Directors may vote on any
10-2 matter authorized by Subchapter D, Chapter 375, and action may be
10-3 taken by the board only if it is approved in the manner prescribed
10-4 by Subchapter D, Chapter 375.
10-5 Sec. 376.220. APPOINTMENT AND REMOVAL OF DIRECTORS; VACANCY.
10-6 The mayor and members of the governing body of the municipality
10-7 shall appoint directors from persons recommended by the board that
10-8 meet the requirements of Subchapter D, Chapter 375. A vacancy in
10-9 the office of director because of the death, resignation, or
10-10 removal of a director shall be filled by the remaining members of
10-11 the board by appointing a qualified person for the unexpired term.
10-12 Sec. 376.221. POWERS OF DISTRICT. The district has:
10-13 (1) all powers necessary or required to accomplish the
10-14 purposes for which the district was created;
10-15 (2) the rights, powers, privileges, authority, and
10-16 functions of a district created under Chapter 375;
10-17 (3) the powers given to a corporation under Section
10-18 4B, Development Corporation Act of 1979 (Article 5190.6, Vernon's
10-19 Texas Civil Statutes), and the power to own, operate, acquire,
10-20 construct, lease, improve, and maintain projects;
10-21 (4) the power to impose ad valorem taxes, assessments,
10-22 or impact fees in accordance with Chapter 375 to provide
10-23 improvements and services for a project or activity the district is
10-24 authorized to acquire, construct, improve, or provide under this
10-25 subchapter; and
11-1 (5) the power to correct, add to, or delete
11-2 assessments from its assessment rolls after notice and hearing as
11-3 provided by Subchapter F, Chapter 375.
11-4 Sec. 376.222. EMINENT DOMAIN. The district may not exercise
11-5 the power of eminent domain.
11-6 Sec. 376.223. EXPENSES AND LIABILITY FOR CERTAIN ACTIONS
11-7 AFFECTING PROPERTY. (a) If the district, in exercising a power
11-8 conferred by this subchapter, requires a relocation, adjustment,
11-9 raising, lowering, rerouting, or changing of the grade or the
11-10 construction of any of the following items, the district must take
11-11 that required action at the sole expense of the district:
11-12 (1) a street, alley, highway, overpass, underpass,
11-13 road, railroad track, bridge, facility, or other property;
11-14 (2) an electric line, conduit, facility, or other
11-15 property;
11-16 (3) a telephone or telegraph line, conduit, facility,
11-17 or other property;
11-18 (4) a gas transmission or distribution pipe, pipeline,
11-19 main, facility, or other property;
11-20 (5) a water, sanitary sewer, or storm sewer pipe,
11-21 pipeline, main, facility, or other property;
11-22 (6) a cable television line, cable, conduit, facility,
11-23 or other property; or
11-24 (7) another pipeline, facility, or other property
11-25 relating to the pipeline.
12-1 (b) The district shall bear damages that are suffered by
12-2 owners of the facility or other property.
12-3 Sec. 376.224. RELATION TO OTHER LAW. If any provision of a
12-4 law referenced in Section 376.221 is in conflict with or is
12-5 inconsistent with this subchapter, this subchapter prevails. Any
12-6 law referenced in this subchapter that is not in conflict or
12-7 inconsistent with this subchapter is adopted and incorporated by
12-8 reference.
12-9 Sec. 376.225. REQUIREMENTS FOR FINANCING SERVICES AND
12-10 IMPROVEMENTS. The board may not finance services and improvement
12-11 projects under this subchapter unless a written petition requesting
12-12 those improvements or services has been filed with the board. The
12-13 petition must be signed by:
12-14 (1) the owners of a majority of the assessed value of
12-15 real property in the district as determined by the most recent
12-16 certified county property tax rolls; or
12-17 (2) at least 50 persons who own land in the district,
12-18 if there are more than 50 persons who own property in the district
12-19 as determined by the most recent certified county property tax
12-20 rolls.
12-21 Sec. 376.226. NONPROFIT CORPORATION. (a) The board by
12-22 resolution may authorize the creation of a nonprofit corporation to
12-23 assist and act on behalf of the district in implementing a project
12-24 or providing a service authorized by this subchapter.
12-25 (b) The board shall appoint the board of directors of a
13-1 nonprofit corporation created under this section. The board of
13-2 directors of the nonprofit corporation shall serve in the same
13-3 manner as, for the same term as, and on the conditions of the board
13-4 of directors of a local government corporation created under
13-5 Chapter 431, Transportation Code.
13-6 (c) A nonprofit corporation created under this section has
13-7 the powers of and is considered for purposes of this subchapter to
13-8 be a local government corporation created under Chapter 431,
13-9 Transportation Code.
13-10 (d) A nonprofit corporation created under this section may
13-11 implement any project and provide any services authorized by this
13-12 subchapter.
13-13 Sec. 376.227. DISBURSEMENTS OR TRANSFERS OF FUNDS. The
13-14 board by resolution shall establish the number of directors'
13-15 signatures and the procedure required for a disbursement or
13-16 transfer of the district's money.
13-17 Sec. 376.228. BONDS. (a) The district may issue bonds or
13-18 other obligations payable in whole or in part from ad valorem
13-19 taxes, assessments, impact fees, revenues, grants, or other money
13-20 of the district, or any combination of those sources of money, to
13-21 pay for any authorized purpose of the district.
13-22 (b) Bonds or other obligations of the district may be issued
13-23 in the form of bonds, notes, certificates of participation,
13-24 including other instruments evidencing a proportionate interest in
13-25 payments to be made by the district, or other obligations that are
14-1 issued in the exercise of the district's borrowing power and may be
14-2 issued in bearer or registered form or not represented by an
14-3 instrument but the transfer of which is registered on books
14-4 maintained by or on behalf of the district. The board may impose
14-5 and collect an assessment under Subchapter F, Chapter 375, for any
14-6 purpose authorized by this subchapter or Chapter 375.
14-7 (c) Except as provided by Subsection (d), the district must
14-8 obtain the municipality's approval of:
14-9 (1) the issuance of bonds for an improvement project;
14-10 (2) the plans and specifications of the improvement
14-11 project to be financed by the bonds; and
14-12 (3) the plans and specifications of a district
14-13 improvement project related to the use of:
14-14 (A) land owned by a municipality;
14-15 (B) an easement granted by a municipality; or
14-16 (C) a right-of-way of a street, road, or
14-17 highway.
14-18 (d) If the district obtains the municipality's approval of a
14-19 capital improvements budget for a specified period not to exceed
14-20 five years, the district may finance the capital improvements and
14-21 issue bonds specified in the budget without further municipal
14-22 approval.
14-23 (e) Before the district issues bonds, the district shall
14-24 submit the bonds and the record of proceedings of the district
14-25 relating to authorization of the bonds to the attorney general for
15-1 approval as provided by Chapter 53, Acts of the 70th Legislature,
15-2 2nd Called Session, 1987 (Article 717k-8, Vernon's Texas Civil
15-3 Statutes).
15-4 Sec. 376.229. ASSESSMENTS. (a) The board may impose and
15-5 collect an assessment for any purpose authorized by this
15-6 subchapter.
15-7 (b) Assessments, reassessments, or assessments resulting
15-8 from an addition to or correction of the assessment roll by the
15-9 district, penalties and interest on an assessment or reassessment,
15-10 expenses of collection, and reasonable attorney's fees incurred by
15-11 the district:
15-12 (1) are a first and prior lien against the property
15-13 assessed;
15-14 (2) are superior to any other lien or claim other than
15-15 a lien or claim for county, school district, or municipal ad
15-16 valorem taxes; and
15-17 (3) are the personal liability of and charge against
15-18 the owners of the property even if the owners are not named in the
15-19 assessment proceedings.
15-20 (c) A lien is effective from the date of the resolution of
15-21 the board levying the assessment until the assessment is paid. The
15-22 board may enforce the lien in the same manner that the board may
15-23 enforce an ad valorem tax lien against real property.
15-24 Sec. 376.230. PROPERTY EXEMPTED BY BOARD. (a) The district
15-25 may not impose a tax, impact fee, or assessment on a residential
16-1 property, multiunit residential property, or condominium.
16-2 (b) The district may not impose an impact fee or assessment
16-3 on any property, equipment, or facilities of a public utility as
16-4 defined by Section 2.0011(1), Public Utility Regulatory Act of 1995
16-5 (Article 1446c-0, Vernon's Texas Civil Statutes).
16-6 Sec. 376.231. ELECTIONS. (a) In addition to the elections
16-7 the district must hold under Subchapter L, Chapter 375, the
16-8 district shall hold an election in the manner provided by that
16-9 subchapter to obtain voter approval before the district imposes a
16-10 maintenance tax or issues bonds payable from ad valorem taxes or
16-11 assessments.
16-12 (b) The board may submit multiple purposes in a single
16-13 proposition at an election.
16-14 Sec. 376.232. IMPACT FEES. The district may impose an
16-15 impact fee for an authorized purpose as provided by Subchapter G,
16-16 Chapter 375.
16-17 Sec. 376.233. MAINTENANCE TAX. (a) If authorized at an
16-18 election held in accordance with Section 376.231, the district may
16-19 impose and collect an annual ad valorem tax on taxable property in
16-20 the district for the maintenance and operation of the district and
16-21 the improvements constructed or acquired by the district or for the
16-22 provision of services.
16-23 (b) The board shall determine the tax rate.
16-24 Sec. 376.234. DISSOLUTION OF DISTRICT. The district may be
16-25 dissolved as provided by Subchapter M, Chapter 375. If the
17-1 district has debt and is dissolved, the district shall remain in
17-2 existence solely for the limited purpose of discharging its bonds
17-3 or other obligations according to their terms.
17-4 Sec. 376.235. CONTRACTS. (a) To protect the public
17-5 interest, the district may contract with the municipality or county
17-6 for the provision of law enforcement services by the county or
17-7 municipality in the district on a fee basis.
17-8 (b) The municipality, county, or another political
17-9 subdivision of the state, without further authorization, may
17-10 contract with the district to implement a project of the district
17-11 or assist the district in providing the services authorized under
17-12 this subchapter. A contract under this subsection may:
17-13 (1) be for a period on which the parties agree;
17-14 (2) include terms on which the parties agree;
17-15 (3) be payable from taxes or any other sources of
17-16 revenue that may be available for such purpose; or
17-17 (4) provide that taxes or other revenue collected at a
17-18 district project or from a person using or purchasing a commodity
17-19 or service at a district project may be paid or rebated to the
17-20 district under the terms of the contract.
17-21 (c) The district may enter into a contract, lease, or other
17-22 agreement with or make or accept grants and loans to or from:
17-23 (1) the United States;
17-24 (2) the state or a state agency;
17-25 (3) any county, any municipality, or another political
18-1 subdivision of the state;
18-2 (4) a public or private corporation, including a
18-3 nonprofit corporation created by the board under this subchapter;
18-4 or
18-5 (5) any other person.
18-6 (d) The district may perform all acts necessary for the full
18-7 exercise of the powers vested in the district on terms and for the
18-8 period the board determines advisable.
18-9 Sec. 376.236. INITIAL DIRECTORS. (a) The initial board
18-10 consists of the following persons:
18-11 Pos. No. Name of Director
18-12 1 Stuart Kensinger
18-13 2 Holly Ann Jarrett
18-14 3 Jim Easterling
18-15 4 Phil Kensinger
18-16 5 Mark Licata
18-17 6 Augustine Wang
18-18 7 Joe Su
18-19 8 Tulane Gordon
18-20 9 Darby Suiter
18-21 (b) Of the initial directors, the terms of the directors for
18-22 positions 1 through 5 expire June 1, 1999, and the terms of the
18-23 directors appointed for positions 6 through 9 expire June 1, 2001.
18-24 (c) This section expires September 1, 2002.
18-25 SECTION 2. The legislature finds that:
19-1 (1) proper and legal notice of the intention to
19-2 introduce this Act, setting forth the general substance of this
19-3 Act, has been published as provided by law, and the notice and a
19-4 copy of this Act have been furnished to all persons, agencies,
19-5 officials, or entities to which they are required to be furnished
19-6 by the constitution and laws of this state, including the governor,
19-7 who has submitted the notice and Act to the Texas Natural Resource
19-8 Conservation Commission;
19-9 (2) the Texas Natural Resource Conservation Commission
19-10 has filed its recommendations relating to this Act with the
19-11 governor, lieutenant governor, and speaker of the house of
19-12 representatives within the required time;
19-13 (3) the general law relating to consent by political
19-14 subdivisions to the creation of districts with conservation,
19-15 reclamation, and road powers and the inclusion of land in those
19-16 districts has been complied with; and
19-17 (4) all requirements of the constitution and laws of
19-18 this state and the rules and procedures of the legislature with
19-19 respect to the notice, introduction, and passage of this Act have
19-20 been fulfilled and accomplished.
19-21 SECTION 3. The importance of this legislation and the
19-22 crowded condition of the calendars in both houses create an
19-23 emergency and an imperative public necessity that the
19-24 constitutional rule requiring bills to be read on three several
19-25 days in each house be suspended, and this rule is hereby suspended,
20-1 and that this Act take effect and be in force from and after its
20-2 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 18 passed the Senate on
April 30, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 18 passed the House on
May 21, 1997, by the following vote: Yeas 145, Nays 0, two present
not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor