By Coleman H.B. No. 2894
76R9015 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, and duties of the
1-3 Midtown Municipal Management District; granting the authority to
1-4 issue bonds; authorizing a tax.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. CREATION OF DISTRICT. (a) A special district
1-7 to be known as the "Midtown Municipal Management District" exists
1-8 as a governmental agency, body politic and corporate, and
1-9 political subdivision of the state.
1-10 (b) The name of the district may be changed by resolution of
1-11 the board.
1-12 (c) The creation of the district is essential to accomplish
1-13 the purposes of Section 52, Article III, Section 59, Article XVI,
1-14 and Section 52-a, Article III, Texas Constitution and other public
1-15 purposes stated in this Act.
1-16 SECTION 2. LEGISLATIVE DECLARATION. (a) The legislature
1-17 finds and declares that the creation of the district is necessary
1-18 to promote, develop, encourage, and maintain employment, commerce,
1-19 transportation, housing, tourism, recreation, arts, entertainment,
1-20 economic development, safety, and the public welfare in the Midtown
1-21 area of the city of Houston.
1-22 (b) It is the legislature's intent that the creation of the
1-23 district and this legislation not be interpreted to relieve Harris
1-24 County or the city of Houston from providing the present level of
2-1 services to the area included within the district or to release the
2-2 county or the city from the obligations each entity has to provide
2-3 services to that area. The district is created to supplement and
2-4 not supplant the city or county services in the area included
2-5 within the district.
2-6 (c) The legislature finds and intends that by creating the
2-7 district and in authorizing the city, county and other political
2-8 subdivisions to contract with the district the legislature has
2-9 established a program to accomplish the public purposes set out in
2-10 Section 52-a, Article III, Texas Constitution.
2-11 SECTION 3. DEFINITIONS. In this Act:
2-12 (1) "Board" means the board of directors of the
2-13 district.
2-14 (2) "District" means the Midtown Municipal Management
2-15 District.
2-16 (3) "City" means the city of Houston, Texas.
2-17 (4) "County" means Harris County, Texas.
2-18 SECTION 4. BOUNDARIES. The district includes all the
2-19 territory contained within the following described area:
2-20 Being all of the following described property in the
2-21 Obedience Smith Survey, Abstract No. 696, and the James S. Holman
2-22 Survey No. 323, City of Houston, Harris County Texas and being more
2-23 particularly described as follows:
2-24 BEGINNING at the intersection of the westerly line of Bagby
2-25 Street with the southerly line of McGowen Avenue;
2-26 THENCE in a southwesterly direction along the westerly line
2-27 of Bagby Street to it's intersection with the southerly line of
3-1 Tuam Street;
3-2 THENCE in a southeasterly direction along the southerly line
3-3 of Tuam Avenue to its intersection with the westerly line of Brazos
3-4 Street;
3-5 THENCE in a southwesterly direction along the westerly line
3-6 of Brazos Street to its intersection with the northerly line if
3-7 Elgin Avenue;
3-8 THENCE in a southeasterly direction along the northerly line
3-9 of Elgin Avenue to its intersection with the easterly line of
3-10 Brazos Street which is also the easterly line of Spur 527, a
3-11 segment of the Southwest Freeway;
3-12 THENCE in a southerly direction along the easterly line of
3-13 said Spur 527 to its intersection with the easterly line of Milam
3-14 Street;
3-15 THENCE in a southwesterly direction along the easterly line
3-16 of Milam Street to its intersection with the easterly line of said
3-17 Spur 527;
3-18 THENCE in a southerly and southwesterly direction along said
3-19 Spur 527 to it's intersection with northerly line of US 59 south;
3-20 THENCE easterly along the northerly line of said US 59 South
3-21 to its intersections with the southeasterly line of Austin Street;
3-22 THENCE northeasterly along the southeasterly line of Austin
3-23 Street to its intersection with the northeasterly line of Eagle
3-24 Avenue;
3-25 THENCE northwesterly along northeasterly line of Eagle Avenue
3-26 to the southeasterly line of San Jacinto Street;
3-27 THENCE northeasterly along the southeasterly line of San
4-1 Jacinto Street to the southeasterly line of Alabama Avenue;
4-2 THENCE in a southeasterly direction along the southerly line
4-3 of Alabama Avenue to its intersection with the easterly line of La
4-4 Branch Street;
4-5 THENCE in a northeasterly direction along the easterly
4-6 direction along the easterly line of La Branch Street to its
4-7 intersection with the southerly line of Winbern Avenue;
4-8 THENCE in a southeasterly direction along the southerly line
4-9 of Winbern Avenue to its intersection with the easterly line of
4-10 Crawford Street;
4-11 THENCE in a northeasterly direction along the easterly line
4-12 of Crawford Street to its intersection with the southerly line of
4-13 Stuart Avenue;
4-14 THENCE in a southeasterly direction along the southerly line
4-15 of Stuart Avenue to the intersection with the Easterly line of
4-16 Hamilton Street which is adjacent to US Highway 59/State Highway
4-17 288;
4-18 THENCE in a northeasterly and northerly direction along the
4-19 easterly line of Hamilton Street and westerly line of said US
4-20 Highway 59 / State Highway 288 to its intersection with the
4-21 northerly line of West Gray Avenue;
4-22 THENCE in a northwesterly direction along the northerly line
4-23 of West Gray Avenue to its intersection with the easterly line of
4-24 Smith Street;
4-25 THENCE in a northeasterly direction along the easterly line
4-26 of Smith Street to its intersection with the southerly line of
4-27 Interstate Highway No. 45;
5-1 THENCE in a northwesterly and northerly direction along the
5-2 southerly line of said Interstate Highway No. 45 to its
5-3 intersection with the north line of Cleveland Street;
5-4 THENCE in a westerly direction along the northerly line of
5-5 Cleveland Street to its intersection with the westerly line of
5-6 Arthur Street;
5-7 THENCE in a southerly direction along the westerly line of
5-8 Arthur Street to the southerly dead end thereof;
5-9 THENCE in a southeasterly direction at right angles to the
5-10 northwesterly line of Baldwin Street to its intersection with said
5-11 line;
5-12 THENCE in a southwesterly direction along the northwesterly
5-13 line of Baldwin Street to its intersection with the southerly line
5-14 of West Gray Avenue;
5-15 THENCE in a northwesterly and westerly direction along the
5-16 southerly line of West Gray Avenue to its intersection with the
5-17 north line of Webster Avenue;
5-18 THENCE in a southeasterly direction along the northerly line
5-19 of Webster Avenue to its intersection with an easterly projection
5-20 of the north line of West Webster Avenue;
5-21 THENCE westerly along the northerly line of West Webster
5-22 Avenue to the westerly line of Bailey Street;
5-23 THENCE southerly along the westerly line of Bailey Street and
5-24 a southerly projection thereof to its intersection with the
5-25 southerly line of McGowen Avenue;
5-26 THENCE southeasterly along the southerly of McGowen Avenue to
5-27 its intersection with the westerly line of Bagby Street, which is
6-1 the place of beginning of the tract herein described. There is
6-2 excepted from the boundaries of the district the following tract:
6-3 BEGINNING at the intersection of the center line of Pierce
6-4 Avenue and Bagby Street;
6-5 THENCE in a northeasterly direction with a center line of
6-6 Bagby Street to the westerly right-of-way of Interstate Highway 45;
6-7 THENCE south and southeasterly along the right-of-way of
6-8 Interstate Highway 45 to its intersection with the center line of
6-9 Pierce Avenue;
6-10 THENCE westerly along the center line of Pierce Avenue to the
6-11 intersection with the center line of Bagby Street the point and
6-12 place of beginning.
6-13 SECTION 5. FINDINGS RELATING TO BOUNDARIES. The legislature
6-14 finds that the boundaries and field notes of the district form a
6-15 closure. If a mistake is made in the field notes or in copying the
6-16 field notes in the legislative process, it in no way affects the:
6-17 (1) organization, existence, and validity of the
6-18 district;
6-19 (2) right of the district to issue any type of bonds
6-20 or refunding bonds for the purposes for which the district is
6-21 created or to pay the principal of and interest on the bonds;
6-22 (3) right of the district to levy and collect
6-23 assessments or taxes; or
6-24 (4) legality or operation of the district or its
6-25 governing body.
6-26 SECTION 6. FINDING OF BENEFIT AND PUBLIC PURPOSE. (a) The
6-27 legislature finds that all of the land and other property included
7-1 within the boundaries of the district will be benefited by the
7-2 improvements and services to be provided by the district under
7-3 powers conferred by Section 52, Article III, Section 59, Article
7-4 XVI, and Section 52-a, Article III, Texas Constitution, and other
7-5 powers granted under this Act, and that the district is created to
7-6 serve a public use and benefit.
7-7 (b) The legislature finds that:
7-8 (1) the creation of the district is in the public
7-9 interest and is essential to:
7-10 (A) further the public purposes of the
7-11 development and diversification of the economy of the state; and
7-12 (B) eliminate unemployment and underemployment
7-13 and develop or expand transportation and commerce;
7-14 (2) the district will promote the health, safety, and
7-15 general welfare of residents, employers, employees, visitors,
7-16 consumers in the district, and the general public;
7-17 (3) the district will provide needed funding for the
7-18 city's Midtown area to preserve, maintain, and enhance the economic
7-19 health and vitality of the area as a community and business center;
7-20 and
7-21 (4) the district will further promote the health,
7-22 safety, welfare, and enjoyment of the public by providing
7-23 pedestrian ways and by landscaping and developing certain areas
7-24 within the district, which are necessary for the restoration,
7-25 preservation, and enhancement of scenic and aesthetic beauty.
7-26 (c) The legislature finds and determines that pedestrian
7-27 ways along or across a street, whether at grade or above or below
8-1 the surface, and street lighting, street landscaping, and street
8-2 art objects are parts of and necessary components of a street and
8-3 are considered to be a street or road improvement.
8-4 (d) The district will not act as the agent or
8-5 instrumentality of any private interest even though many private
8-6 interests will be benefited by the district, as will the general
8-7 public.
8-8 SECTION 7. APPLICATION OF OTHER LAW. Except as otherwise
8-9 provided by this Act, Chapter 375, Local Government Code, applies
8-10 to the district and its governing body and employees.
8-11 SECTION 8. CONSTRUCTION OF ACT. This Act shall be liberally
8-12 construed in conformity with the legislative findings and purposes
8-13 stated in this Act.
8-14 SECTION 9. BOARD OF DIRECTORS IN GENERAL. (a) The district
8-15 is governed by a board of 11 directors who shall serve staggered
8-16 four-year terms.
8-17 (b) Subchapter D, Chapter 375, Local Government Code,
8-18 applies to the board to the extent that subchapter does not
8-19 conflict with this Act.
8-20 (c) Directors shall be entitled to receive compensation in
8-21 accordance with Section 49.060, Water Code.
8-22 (d) A person who qualifies to serve on the board is
8-23 qualified to serve as a director and participate in all votes and
8-24 decisions pertaining to the business of the district regardless of
8-25 any other statutory provision to the contrary. A director who has
8-26 a beneficial interest in a business entity that will receive a
8-27 pecuniary benefit from or has a substantial interest in an action
9-1 of the board shall file a one-time affidavit to that effect, and
9-2 additional affidavits regarding such beneficial interest shall not
9-3 be required. After such affidavit is filed, the director may
9-4 participate in discussion and vote on that action if a majority of
9-5 the board has a similar interest in the same action or if all other
9-6 similar business entities in the district will receive a similar
9-7 pecuniary benefit. An employee of a public entity may serve on the
9-8 board of directors of the district, but the public employee may not
9-9 participate in the discussion of or vote on any matter regarding
9-10 contracts with the public entity of which the director is an
9-11 employee.
9-12 (e) Directors of the district shall be public officials and
9-13 shall be entitled to governmental immunity for their actions in
9-14 their capacity as directors and officers of the district.
9-15 SECTION 10. INITIAL DIRECTORS. (a) The initial board
9-16 consists of the following persons:
9-17 Pos. No. Name of Director
9-18 1 ______________
9-19 2 ______________
9-20 3 ______________
9-21 4 ______________
9-22 5 ______________
9-23 6 ______________
9-24 7 ______________
9-25 8 ______________
9-26 9 ______________
9-27 10 ______________
10-1 11 ______________
10-2 (b) Of the initial directors, the directors appointed for
10-3 positions 1 through 6 serve until June 1, 2003, and the directors
10-4 appointed for positions 7 through 11 serve until June 1, 2001.
10-5 SECTION 11. SUBSEQUENT DIRECTORS. (a) The mayor and city
10-6 council of the city shall appoint subsequent directors from persons
10-7 recommended by the board.
10-8 (b) A person may not be appointed to the board if the
10-9 appointment of that person would result in less than two-thirds of
10-10 the board members being residents of the city.
10-11 SECTION 12. EX OFFICIO MEMBERS OF BOARD OF DIRECTORS. (a)
10-12 The directors of the parks and recreation, planning and
10-13 development, public works, and civic center departments of the
10-14 city, the chief of police of the city, and the general manager of
10-15 the Metropolitan Transit Authority of the county each shall serve
10-16 as a non-voting ex officio member of the board.
10-17 (b) If any of the departments described by Subsection (a)
10-18 of this section are consolidated, renamed, changed, or abolished,
10-19 the board may appoint the directors of the consolidated, renamed or
10-20 changed departments as non-voting ex officio members of the board
10-21 or the board may appoint a representative of another department of
10-22 the city that performs duties comparable to those performed by the
10-23 abolished department.
10-24 (c) The board may appoint the chairpersons of other
10-25 non-profit corporations actively involved in Midtown activities in
10-26 the city to serve as non-voting ex officio members of the board.
10-27 SECTION 13. POWERS OF DISTRICT. (a) The district has all
11-1 powers necessary or required to accomplish the purposes for which
11-2 the district was created.
11-3 (b) The district has the rights, powers, privileges,
11-4 authorities, and functions of a district created under Chapter 375,
11-5 Local Government Code.
11-6 (c) The district has the powers conferred on a corporation
11-7 under Section 4B, the Development Corporation Act of 1979 (Article
11-8 5190.6, Vernon's Texas Civil Statutes). The district may own,
11-9 operate, acquire, construct, lease, improve, and maintain projects
11-10 described by that section.
11-11 (d) The district may exercise the power of a housing finance
11-12 corporation created under Chapter 394, Local Government Code, to
11-13 provide housing or residential development projects within the
11-14 district.
11-15 (e) The district may:
11-16 (1) levy ad valorem taxes, assessments, or impact fees
11-17 in accordance with Chapter 375, Local Government Code, on all
11-18 property in the district including industrial, commercial,
11-19 residential and other properties to provide any improvements and
11-20 services for a project or activity the district is authorized to
11-21 acquire, construct, improve, or provide under this Act; and
11-22 (2) correct, add to, or delete assessments from its
11-23 assessment rolls after notice and hearing as provided by Subchapter
11-24 F, Chapter 375, Local Government Code.
11-25 (f) The district may acquire property through eminent
11-26 domain.
11-27 (g) If the district, in exercising a power conferred by this
12-1 Act, requires a relocation, adjustment, raising, lowering,
12-2 rerouting, or changing the grade of or altering the construction of
12-3 any street, alley, highway, overpass, underpass, road, railroad
12-4 track, bridge, facility or property, electric line, conduit,
12-5 facility or property, telephone or telegraph line, conduit,
12-6 facility or property, gas transmission or distribution pipe,
12-7 pipeline, main, facility or property, water, sanitary sewer or
12-8 storm sewer pipe, pipeline, main, facility or property, cable
12-9 television line, cable, conduit, facility or property, or other
12-10 pipeline or facility or property relating to the pipeline, that
12-11 relocation, adjustment, raising, lowering, rerouting, changing of
12-12 grade, or altering of construction must be accomplished at the sole
12-13 cost and expense of the district, and the district shall bear
12-14 damages that are suffered by owners of the property or facilities.
12-15 SECTION 14. CONFLICTS WITH OTHER LAW. If any provision of a
12-16 law referenced in Section 13 of this Act is in conflict with or is
12-17 inconsistent with this Act, this Act prevails. Any law referenced
12-18 in this Act that is not in conflict or inconsistent with this Act
12-19 is adopted and incorporated by reference.
12-20 SECTION 15. REQUIREMENTS FOR FINANCING SERVICES AND
12-21 IMPROVEMENTS. The board may not finance services and improvement
12-22 projects under this Act unless a written petition requesting those
12-23 improvements or services has been filed with the board. The
12-24 petition must be signed by:
12-25 (1) the owners of a majority of the assessed value of
12-26 real property in the district as determined by the most recent
12-27 certified county property tax rolls; or
13-1 (2) at least 25 persons who own land within the
13-2 district, if there are more than 25 persons who own property in the
13-3 district as determined by the most recent certified county property
13-4 tax rolls.
13-5 SECTION 16. EXEMPTIONS. A single family residential
13-6 property or a residential duplex, triplex, quadruplex, or
13-7 condominium may not be exempt from the imposition of a tax, an
13-8 impact fee, or an assessment if the tax, impact fee, or assessment
13-9 is imposed in accordance with this Act.
13-10 SECTION 17. NONPROFIT CORPORATION. (a) The board by
13-11 resolution may authorize the creation of a nonprofit corporation to
13-12 aid, assist, and act on behalf of the district in implementing a
13-13 project or providing a service authorized by this Act.
13-14 (b) The board shall appoint the board of directors of a
13-15 nonprofit corporation created under this section. The board of
13-16 directors of the nonprofit corporation shall serve in the same
13-17 manner as, for the same term as, and on the conditions of the board
13-18 of directors of a local government corporation created under
13-19 Subchapter D of Chapter 431, Vernon's Texas Transportation Code.
13-20 (c) A nonprofit corporation created under this section has
13-21 the powers of and is considered for purposes of this Act to be a
13-22 local government corporation created under the Subchapter D of
13-23 Chapter 431 Vernon's Texas Transportation Code.
13-24 (d) A nonprofit corporation created under this section may
13-25 implement any project and provide any services authorized by this
13-26 Act.
13-27 SECTION 18. DISBURSEMENTS OR TRANSFERS OF FUNDS. The board
14-1 by resolution shall establish the number of directors' signatures
14-2 and the procedure required for a disbursement or transfer of the
14-3 district's money.
14-4 SECTION 19. BONDS. (a) The district may issue bonds or
14-5 other obligations payable in whole or in part from ad valorem
14-6 taxes, assessments, impact fees, revenues, grants, or other funds
14-7 of the district, or any combination of those funds, to pay for any
14-8 authorized purpose of the district.
14-9 (b) Bonds or other obligations of the district may be issued
14-10 in the form of bonds, notes, certificates of participation,
14-11 including other instruments evidencing a proportionate interest in
14-12 payments to be made by the district, or other obligations that are
14-13 issued in the exercise of the district's borrowing power and may be
14-14 issued in bearer or registered form or not represented by an
14-15 instrument but the transfer of which is registered on books
14-16 maintained by or on behalf of the district.
14-17 (c) Except as provided by Subsection (d) of this section,
14-18 the district must obtain the city's approval of:
14-19 (1) the issuance of bonds for an improvement project;
14-20 and
14-21 (2) the plans and specifications of the improvement
14-22 project to be financed by the bonds.
14-23 (d) If the district obtains the city's approval of a capital
14-24 improvements budget for a specified period not to exceed five
14-25 years, the district may finance the capital improvements and issue
14-26 bonds specified in the budget without further city approval.
14-27 (e) Before the district issues bonds, the district shall
15-1 submit the bonds and the record of proceedings of the district
15-2 relating to authorization of the bonds to the attorney general for
15-3 approval as provided by Chapter 53, Acts of the 70th Legislature,
15-4 2nd Called Session, 1987 (Article 717k-8, Vernon's Texas Civil
15-5 Statutes).
15-6 SECTION 20. ASSESSMENTS. (a) The board may levy and
15-7 collect an assessment for any purpose authorized by this Act.
15-8 (b) Assessments, reassessments or assessments resulting from
15-9 an addition to or correction of the assessment roll by the
15-10 district, penalties and interest on an assessment or reassessment,
15-11 expenses of collection, and reasonable attorney's fees incurred by
15-12 the district:
15-13 (1) are a first and prior lien against the property
15-14 assessed;
15-15 (2) are superior to any other lien or claim other than
15-16 a lien or claim for county, school district, or municipal ad
15-17 valorem taxes; and
15-18 (3) are the personal liability of and charge against
15-19 the owners of the property even if the owners are not named in the
15-20 assessment proceedings.
15-21 (c) The lien is effective from the date of the resolution of
15-22 the board levying the assessment until the assessment is paid. The
15-23 board may enforce the lien in the same manner that the board may
15-24 enforce an ad valorem tax lien against real property.
15-25 (d) The district may not impose an assessment on the
15-26 property, equipment, or facilities of a public utility, as defined
15-27 by Section 2.0011 or 3.002, Public Utility Regulatory Act of 1995
16-1 (Article 1446c-0, Vernon's Texas Civil Statutes).
16-2 SECTION 21. APPROVAL OF CERTAIN IMPROVEMENT PROJECTS. The
16-3 district must obtain the city's approval of the plans and
16-4 specifications of any district improvement project related to the
16-5 use of land owned by the city, an easement granted by the city, or
16-6 a right-of-way of a street, road, or highway.
16-7 SECTION 22. ELECTIONS. (a) In addition to the elections
16-8 the district must hold under Subchapter L, Chapter 375, Local
16-9 Government Code, the district shall hold an election in the manner
16-10 provided by that subchapter to obtain voter approval before the
16-11 district imposes a maintenance tax or issues bonds payable from ad
16-12 valorem taxes or assessments.
16-13 (b) The board may submit multiple purposes in a single
16-14 proposition at an election.
16-15 SECTION 23. IMPACT FEES. (a) The district may impose an
16-16 impact fee for an authorized purpose as provided by Subchapter G,
16-17 Chapter 375, Local Government Code.
16-18 (b) The district may not impose an impact fee on the
16-19 property, equipment, or facilities of a public utility, as defined
16-20 by Section 2.0011 or 3.002, Public Utility Regulatory Act of 1995
16-21 (Article 1446c-0, Vernon's Texas Civil Statutes).
16-22 SECTION 24. MAINTENANCE TAX. (a) If authorized at an
16-23 election held in accordance with Section 22 of this Act, the
16-24 district may levy and collect an annual ad valorem tax on taxable
16-25 property in the district for the maintenance and operation of the
16-26 district and the improvements constructed or acquired by the
16-27 district or for the provision of services to industrial and
17-1 commercial businesses, residents, or property owners.
17-2 (b) The board shall determine the tax rate.
17-3 SECTION 25. DISSOLUTION OF DISTRICT. (a) The district may
17-4 be dissolved as provided in Subchapter M, Chapter 375, Local
17-5 Government Code.
17-6 (b) Notwithstanding Section 375.264, Local Government Code,
17-7 a district that has debt may be dissolved as provided by Subchapter
17-8 M, Chapter 375, Local Government Code. If the district has debt
17-9 and is dissolved, the district shall remain in existence solely for
17-10 the limited purpose of discharging its bonds or other obligations
17-11 according to their terms.
17-12 SECTION 26. CONTRACTS. (a) To protect the public interest,
17-13 the district may contract with the city or county for the provision
17-14 of law enforcement services by the county or city in the district
17-15 on a fee basis.
17-16 (b) The city, county, or any other political subdivision of
17-17 the state, without further authorization, may contract with the
17-18 district to implement a project of the district or aid and assist
17-19 the district in providing the services authorized under this Act.
17-20 A contract under this subsection may:
17-21 (1) be for a period on which the parties agree;
17-22 (2) include terms on which the parties agree;
17-23 (3) be payable from taxes or any other sources of
17-24 revenue that may be available for such purpose; or
17-25 (4) provide that taxes or other revenue collected at a
17-26 district project or from a person using or purchasing a commodity
17-27 or service at a district project may be paid or rebated to the
18-1 district under the terms of the contract.
18-2 (c) The district may enter into a contract, lease, or
18-3 agreement with or make or accept grants and loans to or from:
18-4 (1) the United States, including federal departments
18-5 and agencies;
18-6 (2) the state or a state agency;
18-7 (3) a county, municipality, or other political
18-8 subdivision of the state;
18-9 (4) a public or private corporation, including a
18-10 nonprofit corporation created by the board under this Act; and
18-11 (5) any other person.
18-12 (d) The district may perform all acts necessary for the full
18-13 exercise of the powers vested in the district on terms and
18-14 conditions and for the term the board may determine to be
18-15 advisable.
18-16 SECTION 27. COMPETITIVE BIDDING. The district may enter a
18-17 contract for more than $25,000 for services, improvements, or the
18-18 purchase of materials, machinery, equipment, supplies, or other
18-19 property only as provided by Subchapter K, Chapter 375, Local
18-20 Government Code.
18-21 SECTION 28. ANNEXATION. In addition to annexing land in
18-22 accordance with Subchapter 3, Chapter 375, Local Government Code,
18-23 the district, without further authorization, may annex land located
18-24 within the boundaries of a reinvestment zone created by the city
18-25 under Chapter 311, Tax Code, with the consent of the city council
18-26 of the city.
18-27 SECTION 29. NOTICE AND CONSENT. 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 a copy of this Act to the Texas
19-8 Natural Resource 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 30. EFFECTIVE DATE. This Act takes effect September
19-22 1, 1999.
19-23 SECTION 31. EMERGENCY. The importance of this legislation
19-24 and the crowded condition of the calendars in both houses create an
19-25 emergency and an imperative public necessity that the
19-26 constitutional rule requiring bills to be read on three several
19-27 days in each house be suspended, and this rule is hereby suspended.