1-1     By:  Gallegos                                           S.B. No. 19

 1-2           (In the Senate - Filed April 11, 1997; April 11, 1997, read

 1-3     first time and referred to Committee on Intergovernmental

 1-4     Relations; April 25, 1997, reported adversely, with favorable

 1-5     Committee Substitute by the following vote:  Yeas 11, Nays 0;

 1-6     April 25, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 19                  By:  Gallegos

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the creation of the Greater East End Management

1-11     District; authorizing the issuance of bonds and the imposition of

1-12     taxes.

1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-14           SECTION 1.  Subtitle A, Title 12, Local Government Code, is

1-15     amended by adding Chapter 376 to read as follows:

1-16            CHAPTER 376.  SPECIFIC MUNICIPAL MANAGEMENT DISTRICTS

1-17                  (Subchapters A-D reserved for expansion

1-18             SUBCHAPTER E.  GREATER EAST END MANAGEMENT DISTRICT

1-19           Sec. 376.161.  CREATION OF DISTRICT.  (a)  A special district

1-20     to be known as the "Greater East End Management District" exists as

1-21     a governmental agency, body politic and corporate, and political

1-22     subdivision of the state.

1-23           (b)  The name of the district may be changed by resolution of

1-24     the board.

1-25           (c)  The creation of the district is essential to accomplish

1-26     the purposes of Section 52, Article III, Section 59, Article XVI,

1-27     and Section 52-a, Article III, Texas Constitution, and other public

1-28     purposes stated in this subchapter.

1-29           Sec. 376.162.  DECLARATION OF INTENT.  (a)  The creation of

1-30     the district is necessary to promote, develop, encourage, and

1-31     maintain employment, commerce, transportation, housing, tourism,

1-32     recreation, arts, entertainment, economic development, safety, and

1-33     the public welfare in the Greater East End area of the city of

1-34     Houston.

1-35           (b)  The creation of the district and this legislation are

1-36     not to be interpreted to relieve the county or the municipality

1-37     from providing the level of services, as of September 1, 1997, to

1-38     the area in the district or to release the county or the

1-39     municipality from the obligations each entity has to provide

1-40     services to that area.  The district is created to supplement and

1-41     not supplant the municipal or county services provided in the area

1-42     in the district.

1-43           (c)  By creating the district and authorizing the

1-44     municipality, county, and other political subdivisions to contract

1-45     with the district, the legislature has established a program to

1-46     accomplish the public purposes set out in Section 52-a, Article

1-47     III, Texas Constitution.

1-48           Sec. 376.163.  DEFINITIONS.  In this subchapter:

1-49                 (1)  "Board" means the board of directors of the

1-50     district.

1-51                 (2)  "District" means the Greater East End Management

1-52     District.

1-53                 (3)  "Municipality" means the City of Houston, Texas.

1-54                 (4)  "County" means Harris County, Texas.

1-55           Sec. 376.164.  BOUNDARIES.  The district includes all the

1-56     territory contained in the following described area:

1-57     Being 17 square miles, more or less, out of the D. GREGG Survey,

1-58     Abstract No. 238, the S.M. WILLIAMS Survey, Abstract No. 87, the

1-59     HARRIS & WILSON Survey, Abstract No. 32, the L. MOORE Survey,

1-60     Abstract No. 51, the S.M. HARRIS Survey, Abstract No. 327, the J.

1-61     BROWN Survey, Abstract No. 8, the H. TIERWESTER Survey, Abstract

1-62     No. 76, the J. WELLS Survey, Abstract No. 832, the J. THOMAS

1-63     Survey, Abstract No. 74, the J. THOMAS Survey, Abstract No. 762,

1-64     the H.B. PRENTISS Survey, Abstract No. 56, the CALLAHAN & VINCE

 2-1     Survey, Abstract No. 9, the J.R. HARRIS Survey, Abstract No. 27,

 2-2     the J. AUSTIN Survey, Abstract No. 1, and the J. HOLMAN Survey,

 2-3     Abstract No. 323, all located in Harris County, Texas, being more

 2-4     particularly described by metes and bounds as follows:

 2-5     BEGINNING AT A POINT being the point of intersection of the

 2-6     centerline of the right-of-way of Clinton Drive and the centerline

 2-7     of the right-of-way of East Loop 610,

 2-8     Thence in a southerly direction with the centerline of the

 2-9     right-of-way of East Loop 610, passing the centerline of the

2-10     channel of Buffalo Bayou and continuing in a southerly direction

2-11     with the centerline of the right-of-way of Loop 610 along a curve

2-12     to the right and proceeding in a southwesterly direction with the

2-13     centerline of the right-of-way of Loop 610, passing the centerline

2-14     of the right-of-way of Interstate 45 South to the point of

2-15     intersection with the centerline of the right-of-way of Telephone

2-16     Road,

2-17     Thence in a northwesterly direction with the centerline of the

2-18     right-of-way of Telephone Road to the point of intersection with

2-19     the center of the right-of-way of Interstate 45 South,

2-20     Thence in a northwesterly direction with the centerline of the

2-21     right-of-way of Interstate 45 South to the point of intersection

2-22     with the centerline of the right-of-way of U.S. Highway 59,

2-23     Thence in a northeasterly direction with the centerline of the

2-24     right-of-way of U.S. Highway 59 to the point of intersection with

2-25     the centerline of the right-of-way of Clay Street,

2-26     Thence in a southeasterly direction with the centerline of the

2-27     right-of-way of Clay Street to the point of intersection with the

2-28     East line of the right-of-way of Chartres Street,

2-29     Thence in a northeasterly direction with the East line of the

2-30     right-of-way of Chartres Street to the point of intersection with

2-31     the centerline of the right-of-way of Capitol Avenue,

2-32     Thence in a northwesterly direction with the centerline of the

2-33     right-of-way of Capitol Avenue to the point of intersection with

2-34     the centerline of the right-of-way of U.S. Highway 59,

2-35     Thence in a northeasterly direction with the with the centerline of

2-36     the right-of-way of U.S. Highway 59, to the point of intersection

2-37     with the centerline of the channel of Buffalo Bayou,

2-38     Thence in a southerly and easterly direction following the meanders

2-39     of the centerline of the channel of Buffalo Bayou to the point of

2-40     intersection with the centerline of the right-of-way of Jensen

2-41     Drive,

2-42     Thence in a northerly direction with the centerline of the

2-43     right-of-way of Jensen Drive to the point of intersection with the

2-44     centerline of the right-of-way of Clinton Drive,

2-45     Thence in an easterly and southeasterly direction with the

2-46     centerline of the right-of-way of Clinton Drive to the point of

2-47     intersection with the East line of the Harris & Wilson Survey,

2-48     Abstract No. 32, being also a point in the West line of the J.

2-49     Brown Survey, Abstract No. 8,

2-50     Thence in a northerly direction with the East line of the Harris &

2-51     Wilson Survey, Abstract No. 32, being also the West line of the J.

2-52     Brown Survey, Abstract No. 8 to the point of intersection with the

2-53     easterly projection of the centerline of the right-of-way of Market

2-54     Street,

2-55     Thence in a westerly direction with the easterly projection of the

2-56     centerline of the right-of-way of Market Street and continuing with

2-57     the centerline of the right-of-way of Market Street to the point of

2-58     intersection with the centerline of the right-of-way of Crown

2-59     Street,

2-60     Thence in a northerly direction with the centerline of the

2-61     right-of-way of Crown Street to the point of intersection with the

2-62     centerline of the right-of-way of Lyons Avenue,

2-63     Thence in an easterly direction with the centerline of the

2-64     right-of-way of Lyons Avenue to the point of intersection with the

2-65     northerly projection of the centerline of the right-of-way of

2-66     Dorsett Street,

2-67     Thence in a southerly direction with the northerly projection of

2-68     the centerline of the right-of-way of Dorsett Street and continuing

2-69     with the centerline of the right-of-way of Dorsett Street and

 3-1     continuing with a southerly projection of the centerline of the

 3-2     right-of-way of Dorsett Street to the point of intersection with

 3-3     the centerline of the right-of-way of Market Street,

 3-4     Thence in a westerly direction with the centerline of the

 3-5     right-of-way of Market Street to the point of intersection with the

 3-6     northerly projection of the centerline of the right-of-way of Labco

 3-7     Street,

 3-8     Thence in a southerly direction with the northerly projection of

 3-9     the centerline of the right-of-way of Labco Street and continuing

3-10     with the centerline of the right-of-way of Labco Street to the

3-11     point of intersection with the centerline of the right-of-way of

3-12     Tilgham Street,

3-13     Thence in an easterly direction with the centerline of the

3-14     right-of-way of Tilgham Street to the point of intersection with

3-15     the northerly projection of the centerline of Dorsett Street,

3-16     Thence in a southerly direction with the northerly projection of

3-17     the centerline of the right-of-way of Dorsett Street and continuing

3-18     with the centerline of the right-of-way of Dorsett Street and

3-19     continuing with a southerly projection of the centerline of the

3-20     right-of-way of Dorsett Street to the point of intersection with

3-21     the centerline of the right-of-way of Clinton Drive,

3-22     Thence in a southeasterly direction with the centerline of the

3-23     right-of-way of Clinton Drive to the POINT of BEGINNING, SAVE AND

3-24     EXCEPT all tracts or parcels of land, rights-of-way, facilities,

3-25     and improvements owned by a public utility as defined by Section

3-26     2.0011(1), Public Utility Regulatory Act of 1995 (Article 1446c-O,

3-27     Vernon's Texas Civil Statutes).

3-28           Sec. 376.165.  FINDINGS RELATING TO BOUNDARIES.  The

3-29     boundaries and field notes of the district form a closure.  If a

3-30     mistake is made in the field notes or in copying the field notes in

3-31     the legislative process, the mistake does not in any way affect

3-32     the:

3-33                 (1)  organization, existence, and validity of the

3-34     district;

3-35                 (2)  right of the district to issue any type of bonds

3-36     or refunding bonds for the purposes for which the district is

3-37     created or to pay the principal of and interest on the bonds;

3-38                 (3)  right of the district to impose and collect

3-39     assessments or taxes; or

3-40                 (4)  legality or operation of the district or its

3-41     governing body.

3-42           Sec. 376.166.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.

3-43     (a)  All the land and other property included in the district will

3-44     be benefited by the improvements and services to be provided by the

3-45     district under powers conferred by Section 52, Article III, Section

3-46     59, Article XVI, and Section 52-a, Article III, Texas Constitution,

3-47     and other powers granted under this subchapter, and the district is

3-48     created to serve a public use and benefit.

3-49           (b)  The creation of the district is in the public interest

3-50     and is essential to:

3-51                 (1)  further the public purposes of the development and

3-52     diversification of the economy of the state; and

3-53                 (2)  eliminate unemployment and underemployment and

3-54     develop or expand transportation and commerce.

3-55           (c)  The district will:

3-56                 (1)  promote the health, safety, and general welfare of

3-57     residents, employers, employees, visitors, consumers in the

3-58     district, and the general public;

3-59                 (2)  provide needed funding for the Greater East End

3-60     area to preserve, maintain, and enhance the economic health and

3-61     vitality of the area as a community and business center; and

3-62                 (3)  further promote the health, safety, welfare, and

3-63     enjoyment of the public by providing pedestrian ways and by

3-64     landscaping and developing certain areas in the district, which

3-65     improvements are necessary for the restoration, preservation, and

3-66     enhancement of scenic and aesthetic beauty.

3-67           (d)  Pedestrian ways along or across a street, whether at

3-68     grade or above or below the surface, and street lighting, street

3-69     landscaping, and street art objects are parts of and necessary

 4-1     components of a street and are considered to be a street or road

 4-2     improvement.

 4-3           (e)  The district will not act as the agent or

 4-4     instrumentality of any private interest even though many private

 4-5     interests will be benefited by the district, as will the general

 4-6     public.

 4-7           Sec. 376.167.  APPLICATION OF OTHER LAW.  Except as otherwise

 4-8     provided by this subchapter, Chapter 375 applies to the district.

 4-9           Sec. 376.168.  CONSTRUCTION OF SUBCHAPTER.  This subchapter

4-10     shall be liberally construed in conformity with the findings and

4-11     purposes stated in this subchapter.

4-12           Sec. 376.169.  BOARD OF DIRECTORS IN GENERAL.  (a)  The

4-13     district is governed by a board of 13 directors who serve staggered

4-14     terms of four years with six or seven members' terms expiring June

4-15     1 of each odd-numbered year.  The board may increase or decrease

4-16     the number of directors on the board by resolution, provided that

4-17     it is in the best interest of the district to do so and provided

4-18     that the board consists of not fewer than nine and not more than 30

4-19     directors.

4-20           (b)  Subchapter D, Chapter 375, applies to the board to the

4-21     extent that subchapter does not conflict with this subchapter.  The

4-22     imposition of a tax, assessment, or impact fee requires a vote of a

4-23     majority of the directors serving.  Directors may vote on any

4-24     matter authorized by Subchapter D, Chapter 375, and action may be

4-25     taken by the board only if it is approved in the manner prescribed

4-26     by Subchapter D, Chapter 375.

4-27           Sec. 376.170.  APPOINTMENT OF DIRECTORS; VACANCY.  The mayor

4-28     and members of the governing body of the municipality shall appoint

4-29     directors from among persons recommended by the board who meet the

4-30     qualifications of Subchapter D, Chapter 375.  A vacancy in the

4-31     office of director because of the death, resignation, or removal of

4-32     a director shall be filled by the remaining members of the board by

4-33     appointing a qualified person for the unexpired term.

4-34           Sec. 376.171.  POWERS OF DISTRICT.  The district has:

4-35                 (1)  all powers necessary or required to accomplish the

4-36     purposes for which the district was created;

4-37                 (2)  the rights, powers, privileges, authority, and

4-38     functions of a district created under Chapter 375;

4-39                 (3)  the powers given to a corporation under Section

4-40     4B, Development Corporation Act of 1979 (Article 5190.6, Vernon's

4-41     Texas Civil Statutes), and the power to own, operate, acquire,

4-42     construct, lease, improve, and maintain projects;

4-43                 (4)  the power to impose ad valorem taxes, assessments,

4-44     or impact fees in accordance with Chapter 375 to provide

4-45     improvements and services for a project or activity the district is

4-46     authorized to acquire, construct, improve, or provide under this

4-47     subchapter; and

4-48                 (5)  the power to correct, add to, or delete

4-49     assessments from its assessment rolls after notice and hearing as

4-50     provided by Subchapter F, Chapter 375.

4-51           Sec. 376.172.  EMINENT DOMAIN.  The district may not exercise

4-52     the power of eminent domain.

4-53           Sec. 376.173.  EXPENSES AND LIABILITY FOR CERTAIN ACTIONS

4-54     AFFECTING PROPERTY.  (a)  If the district, in exercising a power

4-55     conferred by this subchapter, requires a relocation, adjustment,

4-56     raising, lowering, rerouting, or changing of the grade or the

4-57     construction of any of the following items, the district must take

4-58     that required action at the sole expense of the district:

4-59                 (1)  a street, alley, highway, overpass, underpass,

4-60     road, railroad track, bridge, facility, or other property;

4-61                 (2)  an electric line, conduit, facility, or other

4-62     property;

4-63                 (3)  a telephone or telegraph line, conduit, facility,

4-64     or other property;

4-65                 (4)  a gas transmission or distribution pipe, pipeline,

4-66     main, facility, or other property;

4-67                 (5)  a water, sanitary sewer, or storm sewer pipe,

4-68     pipeline, main, facility, or other property;

4-69                 (6)  a cable television line, cable, conduit, facility,

 5-1     or other property; or

 5-2                 (7)  another pipeline, facility, or other property

 5-3     relating to the pipeline.

 5-4           (b)  The district shall bear damages that are suffered by

 5-5     owners of the facility or other property.

 5-6           Sec. 376.174.  RELATION TO OTHER LAW.  If any provision of a

 5-7     law referenced in this subchapter is in conflict with or is

 5-8     inconsistent with this subchapter, this subchapter prevails.  Any

 5-9     law referenced in this subchapter that is not in conflict or

5-10     inconsistent with this subchapter is adopted and incorporated by

5-11     reference.

5-12           Sec. 376.175.  REQUIREMENTS FOR FINANCING SERVICES AND

5-13     IMPROVEMENTS.  The district may not finance services and

5-14     improvement projects under this subchapter unless a written

5-15     petition requesting those improvements or services has been filed

5-16     with the board.  The petition must be signed by:

5-17                 (1)  the owners of a majority of the assessed value of

5-18     real property in the district as determined by the most recent

5-19     certified county property tax rolls; or

5-20                 (2)  at least 50 persons who own land in the district,

5-21     if there are more than 50 persons who own property in the district

5-22     as determined by the most recent certified county property tax

5-23     rolls.

5-24           Sec. 376.176.  NONPROFIT CORPORATION.  (a)  The board by

5-25     resolution may authorize the creation of a nonprofit corporation to

5-26     assist and act on behalf of the district in implementing a project

5-27     or providing a service authorized by this subchapter.

5-28           (b)  The board shall appoint the board of directors of a

5-29     nonprofit corporation created under this section.  The board of

5-30     directors of the nonprofit corporation shall serve in the same

5-31     manner as, for the same term as, and on the conditions of the board

5-32     of directors of a local government corporation created under

5-33     Chapter 431, Transportation Code.

5-34           (c)  A nonprofit corporation created under this section has

5-35     the powers of and is considered for purposes of this subchapter to

5-36     be a local government corporation created under Chapter 431,

5-37     Transportation Code.

5-38           (d)  A nonprofit corporation created under this section may

5-39     implement any project and provide any services authorized by this

5-40     subchapter.

5-41           Sec. 376.177.  DISBURSEMENTS OR TRANSFERS OF FUNDS.  The

5-42     board by resolution shall establish the number of directors'

5-43     signatures and the procedure required for a disbursement or

5-44     transfer of district funds.

5-45           Sec. 376.178.  BONDS.  (a)  The district may issue bonds or

5-46     other obligations payable in whole or in part from ad valorem

5-47     taxes, assessments, impact fees, revenues, grants, or other funds

5-48     of the district, or any combination of those sources of funds, to

5-49     pay for any authorized purpose of the district.

5-50           (b)  Bonds or other obligations of the district may be issued

5-51     in the form of bonds, notes, certificates of participation,

5-52     including other instruments evidencing a proportionate interest in

5-53     payments to be made by the district, or other obligations that are

5-54     issued in the exercise of the district's borrowing power and may be

5-55     issued in bearer or registered form or not represented by an

5-56     instrument but the transfer of which is registered on books

5-57     maintained by or on behalf of the district.  The board may impose

5-58     and collect an assessment under Subchapter F, Chapter 375, for any

5-59     purpose authorized by this subchapter or by Chapter 375.

5-60           (c)  Except as provided by Subsection (d), the district must

5-61     obtain the municipality's approval of:

5-62                 (1)  the issuance of bonds for an improvement project;

5-63                 (2)  the plans and specifications of the improvement

5-64     project to be financed by the bonds; and

5-65                 (3)  the plans and specifications of a district

5-66     improvement project related to:

5-67                       (A)  the use of land owned by the municipality;

5-68                       (B)  an easement granted by the municipality; or

5-69                       (C)  a right-of-way of a street, road, or

 6-1     highway.

 6-2           (d)  If the district obtains the municipality's approval of a

 6-3     capital improvements budget for a specified period not to exceed

 6-4     five years, the district may finance the capital improvements and

 6-5     issue bonds specified in the budget without further municipal

 6-6     approval.

 6-7           (e)  Before the district issues bonds, the district shall

 6-8     submit the bonds and the record of proceedings of the district

 6-9     relating to authorization of the bonds to the attorney general for

6-10     approval as provided by Chapter 53, Acts of the 70th Legislature,

6-11     2nd Called Session, 1987 (Article 717k-8, Vernon's Texas Civil

6-12     Statutes).

6-13           Sec. 376.179.  ASSESSMENTS.  (a)  The board may impose and

6-14     collect an assessment for any purpose authorized by this

6-15     subchapter.

6-16           (b)  Assessments, reassessments, or assessments resulting

6-17     from an addition to or correction of the assessment roll by the

6-18     district, penalties and interest on an assessment or reassessment,

6-19     expenses of collection, and reasonable attorney's fees incurred by

6-20     the district:

6-21                 (1)  are a first and prior lien against the property

6-22     assessed;

6-23                 (2)  are superior to any other lien or claim other than

6-24     a lien or claim for county, school district, or municipal ad

6-25     valorem taxes; and

6-26                 (3)  are the personal liability of and charge against

6-27     the owners of the property even if the owners are not named in the

6-28     assessment proceedings.

6-29           (c)  The lien is effective from the date of the resolution of

6-30     the board levying the assessment until the assessment is paid.  The

6-31     board may enforce the lien in the same manner that the board may

6-32     enforce an ad valorem tax lien against real property.

6-33           Sec. 376.180.  PROPERTY EXEMPTED FROM TAX, FEE, OR

6-34     ASSESSMENT.  (a)  The district may not impose a tax, impact fee, or

6-35     assessment on a residential property, multiunit residential

6-36     property, or condominium.

6-37           (b)  The district may not impose an impact fee or assessment

6-38     on the property, equipment, or facilities of a public utility as

6-39     defined by Section 2.0011(1), Public Utility Regulatory Act of 1995

6-40     (Article 1446c-0, Vernon's Texas Civil Statutes).

6-41           Sec. 376.181.  ELECTIONS.  (a)  In addition to the elections

6-42     the district must hold under Subchapter L, Chapter 375, the

6-43     district shall hold an election in the manner provided by that

6-44     subchapter to obtain voter approval before the district imposes a

6-45     maintenance tax or issues bonds payable from ad valorem taxes or

6-46     assessments.

6-47           (b)  The board may submit multiple purposes in a single

6-48     proposition at an election.

6-49           Sec. 376.182.  IMPACT FEES.  The district may impose an

6-50     impact fee for an authorized purpose as provided by Subchapter G,

6-51     Chapter 375.

6-52           Sec. 376.183.  MAINTENANCE TAX.  (a)  If authorized at an

6-53     election held in accordance with Section 376.181, the district may

6-54     impose and collect an annual ad valorem tax on taxable property in

6-55     the district for the maintenance and operation of the district and

6-56     the improvements constructed or acquired by the district or for the

6-57     provision of services.

6-58           (b)  The board shall determine the tax rate.

6-59           Sec. 376.184.  DISSOLUTION OF DISTRICT.  The district may be

6-60     dissolved as provided by Subchapter M, Chapter 375.  If the

6-61     district has debt and is dissolved, the district shall remain in

6-62     existence solely for the limited purpose of discharging its bonds

6-63     or other obligations according to their terms.

6-64           Sec. 376.185.  CONTRACTS.  (a)  To protect the public

6-65     interest, the district may contract with the municipality or county

6-66     for the provision of law enforcement services by the county or

6-67     municipality in the district on a fee basis.

6-68           (b)  The municipality, the county, or another political

6-69     subdivision of the state, without further authorization, may

 7-1     contract with the district to implement a project of the district

 7-2     or assist the district in providing the services authorized under

 7-3     this subchapter.  A contract under this subsection may:

 7-4                 (1)  be for a period on which the parties agree;

 7-5                 (2)  include terms on which the parties agree;

 7-6                 (3)  be payable from taxes or any other sources of

 7-7     revenue that may be available for such purpose; or

 7-8                 (4)  provide that taxes or other revenue collected at a

 7-9     district project or from a person using or purchasing a commodity

7-10     or service at a district project may be paid or rebated to the

7-11     district under the terms of the contract.

7-12           (c)  The district may enter into a contract, lease, or other

7-13     agreement with or make or accept grants and loans to or from:

7-14                 (1)  the United States;

7-15                 (2)  the state or a state agency;

7-16                 (3)  any county, any municipality, or another political

7-17     subdivision of the state;

7-18                 (4)  a public or private corporation, including a

7-19     nonprofit corporation created by the board under this subchapter;

7-20     or

7-21                 (5)  any other person.

7-22           (d)  The district may perform all acts necessary for the full

7-23     exercise of the powers vested in the district on terms and for the

7-24     period the board determines advisable.

7-25           Sec. 376.186.  INITIAL DIRECTORS.  (a)  The initial board

7-26     consists of the following persons:

7-27                 Pos. No.                   Name of Director

7-28                 1                          Lynn Woolley

7-29                 2                          Rex Moran

7-30                 3                          Carlos Garcia

7-31                 4                          Mike Garver

7-32                 5                          Yolanda Black

7-33                 6                          Mike Parker

7-34                 7                          Carl Norman

7-35                 8                          Rafael Acosta

7-36                 9                          Dominic Quijano

7-37                 10                         Margaret Lincoln

7-38                 11                         Carl Norman

7-39                 12                         Sonney Flores

7-40                 13                         Jim McCoy

7-41           (b)  Of the initial directors, the terms of directors

7-42     appointed for positions 1 through 6 expire on June 1, 1999, and the

7-43     terms of directors appointed for positions 7 through 13 expire on

7-44     June 1, 2001.

7-45           (c)  This section expires September 1, 2002.

7-46           SECTION 2.  The legislature finds that:

7-47                 (1)  proper and legal notice of the intention to

7-48     introduce this Act, setting forth the general substance of this

7-49     Act, has been published as provided by law, and the notice and a

7-50     copy of this Act have been furnished to all persons, agencies,

7-51     officials, or entities to which they are required to be furnished

7-52     by the constitution and laws of this state, including the governor,

7-53     who has submitted the notice and Act to the Texas Natural Resource

7-54     Conservation Commission;

7-55                 (2)  the Texas Natural Resource Conservation Commission

7-56     has filed its recommendations relating to this Act with the

7-57     governor, lieutenant governor, and speaker of the house of

7-58     representatives within the required time;

7-59                 (3)  the general law relating to consent by political

7-60     subdivisions to the creation of districts with conservation,

7-61     reclamation, and road powers and the inclusion of land in those

7-62     districts has been complied with; and

7-63                 (4)  all requirements of the constitution and laws of

7-64     this state and the rules and procedures of the legislature with

7-65     respect to the notice, introduction, and passage of this Act have

7-66     been fulfilled and accomplished.

7-67           SECTION 3.  This Act takes effect September 1, 1997.

7-68           SECTION 4.  The importance of this legislation and the

7-69     crowded condition of the calendars in both houses create an

 8-1     emergency and an imperative public necessity that the

 8-2     constitutional rule requiring bills to be read on three several

 8-3     days in each house be suspended, and this rule is hereby suspended.

 8-4                                  * * * * *