By: Gallegos S.B. No. 18 A BILL TO BE ENTITLED 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.