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 * * * * *