1-1                                   AN ACT
 1-2     relating to the creation of the East Downtown Management District;
 1-3     providing authority to impose a tax and issue bonds.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 376, Local Government Code, is amended by
 1-6     adding Subchapter H to read as follows:
 1-7              SUBCHAPTER H.  EAST DOWNTOWN MANAGEMENT DISTRICT
 1-8           Sec. 376.301.  CREATION OF DISTRICT.  (a)  A special district
 1-9     to be known as the "East Downtown Management District" exists as a
1-10     governmental agency, body politic and corporate, and political
1-11     subdivision of the state.
1-12           (b)  The name of the district may be changed by resolution of
1-13     the board.
1-14           (c)  The creation of the district is essential to accomplish
1-15     the purposes of Section 52, Article III, Section 59, Article XVI,
1-16     and Section 52-a, Article III, Texas Constitution, and other public
1-17     purposes stated in this subchapter.
1-18           Sec. 376.302.  DECLARATION OF INTENT.  (a)  The creation of
1-19     the district is necessary to promote, develop, encourage, and
1-20     maintain employment, commerce, transportation, housing, tourism,
1-21     recreation, arts, entertainment, economic development, safety, and
1-22     the public welfare in the east downtown area of the city of
1-23     Houston.
1-24           (b)  The creation of the district and this legislation are
 2-1     not to be interpreted to relieve the county or the municipality
 2-2     from providing the level of services, as of the effective date of
 2-3     this subchapter, to the area in the district or to release the
 2-4     county or the municipality from the obligations each entity has to
 2-5     provide services to that area.  The district is created to
 2-6     supplement and not supplant the municipal or county services
 2-7     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. 376.303.  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 East Downtown Management
2-18     District.
2-19                 (4)  "Municipality" means the City of Houston, Texas.
2-20                 (5)  "Utility" means a person that provides to the
2-21     public cable television, gas, light, power, telephone, sewage, or
2-22     water service.
2-23           Sec. 376.304.  BOUNDARIES.  The district includes all the
2-24     territory contained in the following described area:
2-25           Being all of the following described property in the J. Wells
2-26     Survey, Abstract 832, the S.M. Williams Survey, Abstract 87, the H.
2-27     Tierwester Survey, Abstract 76, the L. Moore Survey, Abstract 51
 3-1     and the J. Holman Survey, Abstract 323, Harris County, Texas, being
 3-2     more particularly described by metes and bounds as follows:
 3-3           BEGINNING AT A POINT at the intersection of the centerline of
 3-4     the right of way of the HB&T Railway and the centerline of the
 3-5     right of way of Interstate 45 South,
 3-6           Thence in a northwesterly direction with the centerline of
 3-7     the right of way of Interstate 45 South to the point of
 3-8     intersection with the centerline of the right of way of U.S.
 3-9     Highway 59,
3-10           Thence in a northeasterly direction with the centerline of
3-11     the right of way of U.S. Highway 59 to the point of intersection
3-12     with the centerline of the right of way of Clay Street,
3-13           Thence in a southeasterly direction with the centerline of
3-14     the right of way of Clay Street to the point of intersection with
3-15     the centerline of the right of way of Chartres Street,
3-16           Thence in a northeasterly direction with the centerline of
3-17     the right of way of Chartres Street to the point of intersection
3-18     with the centerline of the right of way of Commerce Street,
3-19           Thence in a southeasterly direction with the centerline of
3-20     the right of way of Commerce Street to the point of intersection
3-21     with the centerline of the HB&T Railway, that also being the
3-22     boundary of Texas House District 147,
3-23           Thence in a southeasterly direction with the centerline of
3-24     the right of way of the HB&T Railway to the point of intersection
3-25     with the centerline of the right of way of Harrisburg Boulevard,
3-26     that also being the boundary of Texas House District 147,
3-27           Thence in a southeasterly direction with the centerline of
 4-1     the right of way of Harrisburg Boulevard to the point of
 4-2     intersection with the centerline of the right of way of Velasco
 4-3     Street, that also being the boundary of Texas House District 147,
 4-4           Thence in a southerly direction with the centerline of the
 4-5     right of way of Velasco Street  to the point of intersection with
 4-6     the centerline of the right of way of Texas Avenue, that also being
 4-7     the boundary of Texas House District 147,
 4-8           Thence in a southeasterly direction with the centerline of
 4-9     the right of way of Texas Avenue to the point of intersection with
4-10     the centerline of the right of way of Sampson Street, that also
4-11     being the boundary of Texas House District 147,
4-12           Thence in a southerly direction with the centerline of the
4-13     right of way of Sampson Street to the point of intersection with
4-14     the centerline of the right of way of the HB&T Railway, that also
4-15     being the boundary of Texas House District 147,
4-16           Thence in a southeasterly direction with the centerline of
4-17     the right of way of the HB&T Railway to the point of intersection
4-18     with the centerline of the right of way of Milby Street,
4-19           Thence in a southwesterly direction with the centerline of
4-20     the right of way of Milby Street to the point of intersection with
4-21     the centerline of the right of Leeland Avenue,
4-22           Thence in a southeasterly direction with the centerline of
4-23     the right of way of Leeland Avenue to the point of intersection
4-24     with the centerline of the right of way of the HB&T Railway.
4-25           Thence in a southeasterly direction with the centerline of
4-26     the right of way of the HB&T Railway to the Point of Beginning,
4-27     SAVE AND EXCEPT all tracts or parcels of land, rights of way,
 5-1     facilities, and improvements owned by a utility.
 5-2           Sec. 376.305.  FINDINGS RELATING TO BOUNDARIES.  The
 5-3     boundaries and field notes of the district form a closure.  If a
 5-4     mistake is made in the field notes or in copying the field notes in
 5-5     the legislative process, the mistake does not in any way affect
 5-6     the:
 5-7                 (1)  organization, existence, and validity of the
 5-8     district;
 5-9                 (2)  right of the district to issue any type of bonds
5-10     or refunding bonds for the purposes for which the district is
5-11     created or to pay the principal of and interest on the bonds;
5-12                 (3)  right of the district to impose and collect
5-13     assessments or taxes; or
5-14                 (4)  legality or operation of the district or its
5-15     governing body.
5-16           Sec. 376.306.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.  (a)
5-17     All the land and other property included in the district will be
5-18     benefited by the improvements and services to be provided by the
5-19     district under powers conferred by Section 52, Article III, Section
5-20     59, Article XVI, and Section 52-a, Article III, Texas Constitution,
5-21     and other powers granted under this subchapter, and the district is
5-22     created to serve a public use and benefit.
5-23           (b)  The creation of the district is in the public interest
5-24     and is essential to:
5-25                 (1)  further the public purposes of the development and
5-26     diversification of the economy of the state; and
5-27                 (2)  eliminate unemployment and underemployment and
 6-1     develop or expand transportation and commerce.
 6-2           (c)  The district will:
 6-3                 (1)  promote the health, safety, and general welfare of
 6-4     residents, employers, employees, visitors, consumers in the
 6-5     district, and the general public;
 6-6                 (2)  provide needed funding for the east downtown area
 6-7     of the city of Houston to preserve, maintain, and enhance the
 6-8     economic health and vitality of the area as a community and
 6-9     business center; and
6-10                 (3)  further promote the health, safety, welfare, and
6-11     enjoyment of the public by providing pedestrian ways and by
6-12     landscaping and developing certain areas in the district, which are
6-13     necessary for the restoration, preservation, and enhancement of
6-14     scenic and aesthetic beauty.
6-15           (d)  Pedestrian ways along or across a street, whether at
6-16     grade or above or below the surface, and street lighting, street
6-17     landscaping, and street art objects are parts of and necessary
6-18     components of a street and are considered to be a street or road
6-19     improvement.
6-20           (e)  The district will not act as the agent or
6-21     instrumentality of any private interest even though many private
6-22     interests will be benefited by the district, as will the general
6-23     public.
6-24           Sec. 376.307.  APPLICATION OF OTHER LAW.  Except as otherwise
6-25     provided by this subchapter, Chapter 375 applies to the district
6-26     and its governing body and employees.
6-27           Sec. 376.308.  CONSTRUCTION OF SUBCHAPTER.  This subchapter
 7-1     shall be liberally construed in conformity with the findings and
 7-2     purposes stated in this subchapter.
 7-3           Sec. 376.309.  BOARD OF DIRECTORS IN GENERAL.  (a)  The
 7-4     district is governed by a board of 17 directors who serve staggered
 7-5     terms of four years, with nine members' terms expiring June 1 of an
 7-6     odd-numbered year and eight members' terms expiring June 1 of the
 7-7     following odd-numbered year.  The board may increase or decrease
 7-8     the number of directors on the board by resolution, provided that
 7-9     it is in the best interest of the district to do so and that the
7-10     board consists of not fewer than 9 and not more than 30 directors.
7-11           (b)  Subchapter D, Chapter 375, applies to the board to the
7-12     extent that subchapter does not conflict with this subchapter.  The
7-13     imposition of a tax, assessment, or impact fee requires a vote of a
7-14     majority of the directors serving.  Directors may vote on any
7-15     matter authorized by Subchapter D, Chapter 375, and action may be
7-16     taken by the board only if it is approved in the manner prescribed
7-17     by Subchapter D, Chapter 375.
7-18           Sec. 376.310.  APPOINTMENT OF DIRECTORS; VACANCY.  The mayor
7-19     and members of the governing body of the municipality shall appoint
7-20     directors from persons recommended by the board who meet the
7-21     qualifications of Subchapter D, Chapter 375.  A vacancy in the
7-22     office of director because of the death, resignation, or removal of
7-23     a director shall be filled by the remaining members of the board by
7-24     appointing a qualified person for the unexpired term.
7-25           Sec. 376.311.  POWERS OF DISTRICT.  The district has:
7-26                 (1)  all powers necessary or required to accomplish the
7-27     purposes for which the district was created;
 8-1                 (2)  the rights, powers, privileges, authority, and
 8-2     functions of a district created under Chapter 375;
 8-3                 (3)  the powers given to a corporation under Section
 8-4     4B, Development Corporation Act of 1979 (Article 5190.6, Vernon's
 8-5     Texas Civil Statutes), and the power to own, operate, acquire,
 8-6     construct, lease, improve, and maintain projects;
 8-7                 (4)  the power to impose ad valorem taxes, assessments,
 8-8     or impact fees in accordance with Chapter 375 to provide
 8-9     improvements and services for a project or activity the district is
8-10     authorized to acquire, construct, improve, or provide under this
8-11     subchapter;
8-12                 (5)  the power to correct, add to, or delete
8-13     assessments from its assessment rolls after notice and hearing as
8-14     provided by Subchapter F, Chapter 375; and
8-15                 (6)  the powers given to a housing finance corporation
8-16     created under Chapter 394 to provide housing or residential
8-17     development projects in the district.
8-18           Sec. 376.312.  EMINENT DOMAIN.  The district may not exercise
8-19     the power of eminent domain.
8-20           Sec. 376.3125.  EX OFFICIO BOARD MEMBERS.  (a)  The following
8-21     persons shall serve as nonvoting ex officio directors:
8-22                 (1)  the director of the following departments of the
8-23     municipality:
8-24                       (A)  parks and recreation;
8-25                       (B)  planning and development;
8-26                       (C)  public works; and
8-27                       (D)  civic center;
 9-1                 (2)  the municipality's chief of police;
 9-2                 (3)  the general manager of the Metropolitan Transit
 9-3     Authority; and
 9-4                 (4)  the presidents of any institutions of higher
 9-5     learning located in the district.
 9-6           (b)  If a department described by Subsection (a) is
 9-7     consolidated, renamed, or changed, the board may appoint a director
 9-8     of the consolidated, renamed, or changed department as a nonvoting
 9-9     ex officio board member.  If a department described by Subsection
9-10     (a) is abolished, the board may appoint a representative of another
9-11     department of the municipality that performs duties comparable to
9-12     those performed by the abolished department.
9-13           (c)  The board may appoint the presiding officer of a
9-14     nonprofit corporation that is actively involved in activities in
9-15     the municipality's midtown area to serve as a nonvoting ex officio
9-16     director.
9-17           Sec. 376.3128.  CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT.
9-18     (a)  Except as provided in this section:
9-19                 (1)  a director may participate in all board votes and
9-20     decisions; and
9-21                 (2)  Chapter 171 governs conflicts of interest for
9-22     board members.
9-23           (b)  Section 171.004 does not apply to the district.  A
9-24     director who has a substantial interest in a business or charitable
9-25     entity that will receive a pecuniary benefit from a board action
9-26     shall file a one-time affidavit declaring the interest.  An
9-27     additional affidavit is not required if the director's interest
 10-1    changes.  After the affidavit is filed with the board secretary,
 10-2    the director may participate in a discussion or vote on that action
 10-3    if:
 10-4                (1)  a majority of the directors have a similar
 10-5    interest in the same entity; or
 10-6                (2)  all other similar business or charitable entities
 10-7    in the district will receive a similar pecuniary benefit.
 10-8          (c)  A director who is also an officer or employee of a
 10-9    public entity may not participate in the discussion of or vote on a
10-10    matter regarding a contract with that same public entity.
10-11          (d)  For purposes of this section, a director has a
10-12    substantial interest in a charitable entity in the same manner that
10-13    a person would have a substantial interest in a business entity
10-14    under Section 171.002.
10-15          Sec. 376.313.  EXPENSES AND LIABILITY FOR CERTAIN ACTIONS
10-16    AFFECTING PROPERTY.  (a)  If the district, in exercising a power
10-17    conferred by this subchapter, requires a relocation, adjustment,
10-18    raising, lowering, rerouting, or changing of the grade or the
10-19    construction of any of the following items, the district must take
10-20    that required action at the sole expense of the district:
10-21                (1)  a street, alley, highway, overpass, underpass,
10-22    road, railroad track, bridge, facility, or other property;
10-23                (2)  an electric line, conduit, facility, or other
10-24    property;
10-25                (3)  a telephone or telegraph line, conduit, facility,
10-26    or other property;
10-27                (4)  a gas transmission or distribution pipe, pipeline,
 11-1    main, facility, or other property;
 11-2                (5)  a water, sanitary sewer, or storm sewer pipe,
 11-3    pipeline, main, facility, or other property;
 11-4                (6)  a cable television line, cable, conduit, facility,
 11-5    or other property; or
 11-6                (7)  another pipeline, facility, or other property
 11-7    relating to the pipeline.
 11-8          (b)  The district shall bear damages that are suffered by
 11-9    owners of the facility or other property.
11-10          Sec. 376.314.  RELATION TO OTHER LAW.  If any provision of
11-11    general law, including a law referenced in this subchapter, is in
11-12    conflict with or is inconsistent with this subchapter, this
11-13    subchapter prevails.  Any law referenced in this subchapter that is
11-14    not in conflict or inconsistent with this subchapter is adopted and
11-15    incorporated by reference.
11-16          Sec. 376.315.  REQUIREMENTS FOR FINANCING SERVICES AND
11-17    IMPROVEMENTS.  The board may not finance services and improvement
11-18    projects under this subchapter unless a written petition requesting
11-19    those improvements or services has been filed with the board.  The
11-20    petition must be signed by:
11-21                (1)  the owners of a majority of the assessed value of
11-22    real property in the district as determined by the most recent
11-23    certified county property tax rolls; or
11-24                (2)  at least 50 persons who own land in the district,
11-25    if there are more than 50 persons who own property in the district
11-26    as determined by the most recent certified county property tax
11-27    rolls.
 12-1          Sec. 376.316.  NONPROFIT CORPORATION.  (a)  The board by
 12-2    resolution may authorize the creation of a nonprofit corporation to
 12-3    assist and act on behalf of the district in implementing a project
 12-4    or providing a service authorized by this subchapter.
 12-5          (b)  The board shall appoint the board of directors of a
 12-6    nonprofit corporation created under this section.  The board of
 12-7    directors of  the nonprofit corporation shall serve in the same
 12-8    manner as, for the same term as, and on the conditions of the board
 12-9    of directors of a local government corporation created under
12-10    Chapter 431, Transportation Code.
12-11          (c)  A nonprofit corporation created under this section has
12-12    the powers of and is considered for purposes of this subchapter to
12-13    be a local government corporation created under Chapter 431,
12-14    Transportation Code.
12-15          (d)  A nonprofit corporation created under this section may
12-16    implement any project and provide any services authorized by this
12-17    subchapter.
12-18          Sec. 376.317.  DISBURSEMENTS OR TRANSFERS OF FUNDS.  The
12-19    board by resolution shall establish the number of directors'
12-20    signatures and the procedure required for a disbursement or
12-21    transfer of the district's money.
12-22          Sec. 376.318.  BONDS.  (a)  The district may issue bonds or
12-23    other obligations payable in whole or in part from ad valorem
12-24    taxes, assessments, impact fees, revenues, grants, or other money
12-25    of the district, or any combination of those sources of money, to
12-26    pay for any authorized purpose of the district.
12-27          (b)  Bonds or other obligations of the district may be issued
 13-1    in the form of bonds, notes, certificates of participation,
 13-2    including other instruments evidencing a proportionate interest in
 13-3    payments to be made by the district, or other obligations that are
 13-4    issued in the exercise of the district's borrowing power and may be
 13-5    issued in bearer or registered form or not represented by an
 13-6    instrument but the transfer of which is registered on books
 13-7    maintained by or on behalf of the district.  The board may impose
 13-8    and collect an assessment under Subchapter F, Chapter 375, for any
 13-9    purpose authorized by this subchapter or by Chapter 375.
13-10          (c)  Except as provided by Subsection (d), the district must
13-11    obtain the municipality's approval of:
13-12                (1)  the issuance of bonds for an improvement project;
13-13                (2)  the plans and specifications of the improvement
13-14    project to be financed by the bonds; and
13-15                (3)  the plans and specifications of a district
13-16    improvement project related to:
13-17                      (A)  the use of land owned by the municipality;
13-18                      (B)  an easement granted by the municipality; or
13-19                      (C)  a right-of-way of a street, road, or
13-20    highway.
13-21          (d)  If the district obtains the municipality's approval of a
13-22    capital improvements budget for a specified period not to exceed
13-23    five years, the district may finance the capital improvements and
13-24    issue bonds specified in the budget without further municipal
13-25    approval.
13-26          (e)  Before the district issues bonds, the district shall
13-27    submit the bonds and the record of proceedings of the district
 14-1    relating to authorization of the bonds to the attorney general for
 14-2    approval as provided by Chapter 53, Acts of the 70th Legislature,
 14-3    2nd Called Session, 1987 (Article 717k-8, Vernon's Texas Civil
 14-4    Statutes).
 14-5          Sec. 376.319.  ASSESSMENTS.  (a)  The board may impose and
 14-6    collect an assessment for any purpose authorized by this
 14-7    subchapter.
 14-8          (b)  Assessments, reassessments, or assessments resulting
 14-9    from an addition to or correction of the assessment roll by the
14-10    district, penalties and interest on an assessment or reassessment,
14-11    expenses of collection, and reasonable attorney's fees incurred by
14-12    the district:
14-13                (1)  are a first and prior lien against the property
14-14    assessed;
14-15                (2)  are superior to any other lien or claim other than
14-16    a lien or claim for county, school district, or municipal ad
14-17    valorem taxes; and
14-18                (3)  are the personal liability of and charge against
14-19    the owners of the property even if the owners are not named in the
14-20    assessment proceedings.
14-21          (c)  The lien is effective from the date of the resolution of
14-22    the board levying the assessment until the assessment is paid.  The
14-23    board may enforce the lien in the same manner that the board may
14-24    enforce an ad valorem tax lien against real property.
14-25          Sec. 376.320.  PROPERTY EXEMPTED FROM TAX, FEE, OR
14-26    ASSESSMENT.  (a)  The district may not impose a tax, impact fee, or
14-27    assessment on a residential property or condominium.
 15-1          (b)  The district may not impose an impact fee or assessment
 15-2    on the property, equipment, or facilities of a utility.
 15-3          Sec. 376.321.  ELECTIONS.  (a)  In addition to the elections
 15-4    the district must hold under Subchapter L, Chapter 375, the
 15-5    district shall hold an election in the manner provided by that
 15-6    subchapter to obtain voter approval before the district imposes a
 15-7    maintenance tax or issues bonds payable from ad valorem taxes or
 15-8    assessments.
 15-9          (b)  The board may submit multiple purposes in a single
15-10    proposition at an election.
15-11          Sec. 376.322.  IMPACT FEES.  The district may impose an
15-12    impact fee for an authorized purpose as provided by Subchapter G,
15-13    Chapter 375.
15-14          Sec. 376.323.  MAINTENANCE TAX.  (a)  If authorized at an
15-15    election held in accordance with Section 376.321, the district may
15-16    impose and collect an annual ad valorem tax on taxable property in
15-17    the district for the maintenance and operation of the district and
15-18    the improvements constructed or acquired by the district or for the
15-19    provision of services.
15-20          (b)  The board shall determine the tax rate.
15-21          Sec. 376.324.  DISSOLUTION OF DISTRICT.  The district may be
15-22    dissolved as provided by Subchapter M, Chapter 375.  If the
15-23    district has debt and is dissolved, the district shall remain in
15-24    existence solely for the limited purpose of discharging its bonds
15-25    or other obligations according to their terms.
15-26          Sec. 376.325.  CONTRACTS.  (a)  To protect the public
15-27    interest, the district may contract with the municipality or the
 16-1    county for the municipality or county to provide law enforcement
 16-2    services in the district for a fee.
 16-3          (b)  The municipality, the county, or another political
 16-4    subdivision of the state, without further authorization, may
 16-5    contract with the district to implement a project of the district
 16-6    or assist the district in providing the services authorized under
 16-7    this subchapter.  A contract under this subsection may:
 16-8                (1)  be for a period on which the parties agree;
 16-9                (2)  include terms on which the parties agree;
16-10                (3)  be payable from taxes or any other sources of
16-11    revenue that may be available for that purpose; or
16-12                (4)  provide that taxes or other revenue collected at a
16-13    district project or from a person using or purchasing a commodity
16-14    or service at a district project may be paid or rebated to the
16-15    district under the terms of the contract.
16-16          (c)  The district may enter into a contract, lease, or other
16-17    agreement with or make or accept grants and loans to or from:
16-18                (1)  the United States;
16-19                (2)  the state or a state agency;
16-20                (3)  a county, a municipality, or another political
16-21    subdivision of the state;
16-22                (4)  a public or private corporation, including a
16-23    nonprofit corporation created by the board under this subchapter;
16-24    or
16-25                (5)  any other person.
16-26          (d)  The district may perform all acts necessary for the full
16-27    exercise of the powers vested in the district on terms and for the
 17-1    period the board determines advisable.
 17-2          Sec. 376.326.  COMPETITIVE BIDDING UNIT.  Section 375.221
 17-3    does not apply to the district unless the contract is for more than
 17-4    $25,000.
 17-5          Sec. 376.327.  ANNEXATION.  The district may:
 17-6                (1)  annex territory as provided by Subchapter C,
 17-7    Chapter 375; and
 17-8                (2)  annex territory located inside the boundaries of a
 17-9    reinvestment zone created by the municipality under Chapter 311,
17-10    Tax Code, if the governing body of the municipality consents to the
17-11    annexation.
17-12          Sec. 376.328.  AGREEMENTS:  GENERAL; DONATIONS, INTERLOCAL
17-13    AGREEMENTS, AND LAW ENFORCEMENT SERVICES.  (a)  The district may
17-14    make an agreement with or accept a donation, grant, or loan from
17-15    any person.
17-16          (b)  The implementation of a project is a governmental
17-17    function or service for the purposes of Chapter 791, Government
17-18    Code.
17-19          (c)  To protect the public interest, the district may
17-20    contract with the municipality or the county for the municipality
17-21    or county to provide law enforcement services in the district for a
17-22    fee.
17-23          SECTION 2.  The legislature finds that:
17-24                (1)  proper and legal notice of the intention to
17-25    introduce this Act, setting forth the general substance of this
17-26    Act, has been published as provided by law, and the notice and a
17-27    copy of this Act have been furnished to all persons, agencies,
 18-1    officials, or entities to which they are required to be furnished
 18-2    by the constitution and laws of this state, including the governor,
 18-3    who has submitted the notice and Act to the Texas Natural Resource
 18-4    Conservation Commission;
 18-5                (2)  the Texas Natural Resource Conservation Commission
 18-6    has filed its recommendations relating to this Act with the
 18-7    governor, lieutenant governor, and speaker of the house of
 18-8    representatives within the required time;
 18-9                (3)  the general law relating to consent by political
18-10    subdivisions to the creation of districts with conservation,
18-11    reclamation, and road powers and the inclusion of land in those
18-12    districts has been complied with; and
18-13                (4)  all requirements of the constitution and laws of
18-14    this state and the rules and procedures of the legislature with
18-15    respect to the notice, introduction, and passage of this Act have
18-16    been fulfilled and accomplished.
18-17          SECTION 3.  Notwithstanding Section 376.309, Local Government
18-18    Code, as added by this Act:
18-19                (1)  the initial board of directors of the East
18-20    Downtown Management District consists of:
18-21          Pos. No.          Name of Director
18-22          1                 Alfred H. Bennett
18-23          2                 Charlie Chea
18-24          3                 Peggy Foreman
18-25          4                 Sean Gorman
18-26          5                 Alan Gover
18-27          6                 Tri La
 19-1          7                 Dan Nip
 19-2          8                 Grant Martin
 19-3          9                 Andy Moran
 19-4          10                Bill Chu
 19-5          11                Bob Eury
 19-6          12                Wayne Galt
 19-7          13                George Strong
 19-8          14                Ringo Kwan
 19-9          15                Stephen Barth
19-10          16                Harold A. Odom, III
19-11          17                Roger Russel; and
19-12                (2)  of the initial board, members in positions 1-9
19-13    serve terms that expire June 1, 2003, and members in positions
19-14    10-17 serve terms that expire June 1, 2001.
19-15          SECTION 4.  The importance of this legislation and the
19-16    crowded condition of the calendars in both houses create an
19-17    emergency and an imperative public necessity that the
19-18    constitutional rule requiring bills to be read on three several
19-19    days in each house be suspended, and this rule is hereby suspended,
19-20    and that this Act take effect and be in force from and after its
19-21    passage, and it is so enacted.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 3799 was passed by the House on April
         23, 1999, by the following vote:  Yeas 141, Nays 0, 2 present, not
         voting; that the House refused to concur in Senate amendments to
         H.B. No. 3799 on May 19, 1999, and requested the appointment of a
         conference committee to consider the differences between the two
         houses; and that the House adopted the conference committee report
         on H.B. No. 3799 on May 29, 1999, by the following vote:  Yeas 140,
         Nays 0, 1 present, not voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 3799 was passed by the Senate, with
         amendments, on May 17, 1999, by the following vote:  Yeas 30, Nays
         0; at the request of the House, the Senate appointed a conference
         committee to consider the differences between the two houses; and
         that the Senate adopted the conference committee report on H.B. No.
         3799 on May 29, 1999, by the following vote:  Yeas 30, Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor