By Zbranek H.B. No. 3845 76R14435 MXM-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation of the Southeast Texas Agricultural 1-3 Development District; granting the right to issue bonds. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle B, Title 12, Local Government Code, is 1-6 amended by adding Chapter 384 to read as follows: 1-7 CHAPTER 384. SOUTHEAST TEXAS AGRICULTURAL DEVELOPMENT DISTRICT 1-8 SUBCHAPTER A. GENERAL PROVISIONS 1-9 Sec. 384.001. DEFINITIONS. In this chapter: 1-10 (1) "Assessment" includes a reassessment or 1-11 supplemental assessment. 1-12 (2) "Board" means the board of directors of the 1-13 district. 1-14 (3) "Bond" means an obligation issued by the district 1-15 under this chapter, including a bond, certificate, note, or other 1-16 evidence of indebtedness. 1-17 (4) "County" means Chambers County, Texas. 1-18 (5) "Director" means a board member. 1-19 (6) "District" means the Southeast Texas Agricultural 1-20 Development District. 1-21 (7) "Project" means an agricultural project designated 1-22 under Section 384.045. 1-23 (Sections 384.002-384.020 reserved for expansion) 1-24 SUBCHAPTER B. CREATION OF DISTRICT 2-1 Sec. 384.021. CREATION. (a) The Southeast Texas 2-2 Agricultural Development District is created as a special district. 2-3 (b) The board by resolution may change the district's name. 2-4 Sec. 384.022. PURPOSE AND NATURE OF DISTRICT. (a) The 2-5 district is created as a conservation and reclamation district 2-6 under Section 59, Article XVI, Texas Constitution, to: 2-7 (1) conserve and develop the natural resources of this 2-8 state, including certain agricultural resources; 2-9 (2) conserve the soil for certain agricultural uses; 2-10 (3) reclaim or drain overflowed lands or provide 2-11 necessary irrigation for certain natural agricultural resources; 2-12 and 2-13 (4) provide credit, grants, or other things of value 2-14 to aid persons as provided by Section 52(a), Article III, Texas 2-15 Constitution. 2-16 (b) The district exercises public and essential governmental 2-17 functions. 2-18 (c) Chapter 49, Water Code, does not apply to the district. 2-19 (d) The creation of the district is a program essential to 2-20 accomplish the purposes of Section 52-a, Article III, Texas 2-21 Constitution, and other public purposes stated in this chapter. 2-22 Sec. 384.023. BOUNDARIES. The district includes all of the 2-23 territory of Chambers County that is east of the center line of the 2-24 Trinity River and north of the center line of the Gulf Intracoastal 2-25 Waterway, save and except all property located within the city 2-26 limits of an incorporated municipality as of January 1, 1999. 2-27 Sec. 384.024. FINDING RELATING TO BOUNDARIES. The 3-1 legislature finds that the boundaries of the district form a 3-2 closure. If a mistake is made in the description of the boundaries 3-3 or in copying the description in the legislative process, it does 3-4 not affect the district's: 3-5 (1) organization, existence, or validity; 3-6 (2) right to issue any type of bond for the purposes 3-7 for which the district is created or to pay the principal of and 3-8 interest on a bond; 3-9 (3) right to impose or collect an assessment; or 3-10 (4) legality or operation. 3-11 (Sections 384.025-384.040 reserved for expansion) 3-12 SUBCHAPTER C. DISTRICT POWERS AND DUTIES 3-13 Sec. 384.041. GENERAL POWERS AND DUTIES. (a) The district 3-14 has the powers and duties that are prescribed by this chapter and 3-15 that are necessary or desirable to carry out a power or duty 3-16 expressly or implicitly granted under this chapter. 3-17 (b) The district may perform acts necessary to carry out the 3-18 purposes of this chapter. 3-19 (c) The district may not impose an ad valorem tax. 3-20 Sec. 384.042. ECONOMIC DEVELOPMENT. (a) The district may 3-21 encourage state economic development as provided by this chapter, 3-22 including by making a loan or grant of public money for the 3-23 purposes of this chapter. 3-24 (b) The district may encourage the economic development of 3-25 the area in which the district is located by: 3-26 (1) fostering the growth of enterprises based on 3-27 certain types of agriculture; 4-1 (2) stimulating innovation in certain agricultural 4-2 enterprises; 4-3 (3) seeking to eliminate unemployment or 4-4 underemployment in the state; and 4-5 (4) developing or expanding transportation resources. 4-6 Sec. 384.043. AGRICULTURAL DEVELOPMENT. The district may: 4-7 (1) promote all agricultural enterprises, facilities, 4-8 and services of the district; and 4-9 (2) encourage the maintenance and conservation of soil 4-10 in the district. 4-11 Sec. 384.044. AGRICULTURAL DEVELOPMENT. The district may 4-12 design, construct, and operate a sugar mill or other agricultural 4-13 enterprise. The district may acquire property necessary for a 4-14 sugar mill or other agricultural enterprise, including vehicles, 4-15 farm equipment, and other machinery and related facilities for the 4-16 harvesting, processing, storage, distribution, and transportation 4-17 of sugar cane or other agricultural products or by-products. 4-18 Sec. 384.045. AGRICULTURAL PROJECTS. (a) The district may 4-19 designate as an agricultural project a project that relates to the 4-20 development of agriculture in the district and surrounding areas 4-21 and the preservation and conservation of the soil in the district 4-22 for agricultural purposes. 4-23 (b) A project designated under Subsection (a) is for a 4-24 public purpose. 4-25 (c) The cost of a project, including interest during 4-26 construction and costs of issuance of bonds, may be paid from any 4-27 source. 5-1 (d) The implementation of a project is a governmental 5-2 function or service for purposes of Chapter 791, Government Code. 5-3 Sec. 384.046. TRANSPORTATION DEVELOPMENT; NAVIGATION 5-4 DISTRICT; LIMIT ON POWER. (a) The district may encourage the 5-5 transportation and distribution of the district's agricultural 5-6 products through the development and operation of transportation 5-7 structures necessary to further the purposes of this chapter, 5-8 including railroads and private roads. 5-9 (b) The district may cooperate and contract with the 5-10 Chambers-Liberty Counties Navigation District on any area of mutual 5-11 interest. 5-12 (c) The authority granted to the district under this 5-13 chapter is not intended to duplicate the authority granted to the 5-14 Chambers-Liberty Counties Navigation District or to limit the 5-15 authority or jurisdiction of the navigation district. To the 5-16 extent the laws of this chapter conflict with the laws of that 5-17 navigation district, the laws of the navigation district control 5-18 over this chapter. 5-19 Sec. 384.047. AGREEMENTS; DONATIONS. (a) The district may: 5-20 (1) make an agreement with any person for any district 5-21 purpose, including an agreement: 5-22 (A) to operate or maintain an agricultural 5-23 enterprise under Sections 384.043 and 384.044; or 5-24 (B) with a municipality or county to provide law 5-25 enforcement service in the district on a fee basis; or 5-26 (2) accept a donation, grant, or loan from any person. 5-27 (b) The district, county, and any other political 6-1 subdivision, without further authorization, may contract to 6-2 implement a district project or assist the district in providing a 6-3 service authorized by this chapter. A contract under this 6-4 subsection may provide: 6-5 (1) for payment from a district assessment or other 6-6 revenue; or 6-7 (2) that an assessment or other revenue collected from 6-8 a district project, or from a person using or purchasing a 6-9 commodity or service from a district project, may be paid or 6-10 rebated to the district. 6-11 Sec. 384.048. PROPERTY. The district may acquire or dispose 6-12 of property in any manner, including by: 6-13 (1) conveyance; 6-14 (2) mortgage; or 6-15 (3) lease, as lessor or lessee. 6-16 Sec. 384.049. EMINENT DOMAIN. The district may not exercise 6-17 the power of eminent domain. 6-18 Sec. 384.050. RESEARCH. The district may conduct or pay for 6-19 research for agricultural purposes. 6-20 Sec. 384.051. SUITS. (a) The district may sue and be sued. 6-21 (b) In a suit against the district, process may be served on 6-22 a director or registered agent. 6-23 (c) The district may not be required to give a bond on an 6-24 appeal or writ of error in a civil case that the district is 6-25 prosecuting or defending. 6-26 (d) The district may indemnify a director or district 6-27 employee or a former director or district employee for reasonable 7-1 expenses and costs, including attorney's fees, incurred by that 7-2 person in connection with a claim asserted against that person if: 7-3 (1) the claim relates to an act or omission of the 7-4 person when acting in the scope of the person's board membership or 7-5 district employment; and 7-6 (2) the person has not been found liable or guilty on 7-7 the claim. 7-8 Sec. 384.052. ANNEXATION; EXCLUDING TERRITORY. (a) The 7-9 district may annex land as provided by Section 49.301 or 49.302, 7-10 Water Code, except that the references in those sections related to 7-11 taxes do not apply. As provided by those sections, the district 7-12 may annex land that is not adjacent or contiguous to the district. 7-13 (b) The board on its own motion may call a hearing on the 7-14 question of the exclusion of land from the district in the manner 7-15 provided by Section 49.304 or 49.307, Water Code, if: 7-16 (1) the district does not have outstanding bonds; and 7-17 (2) the proposed exclusion is practicable, just, or 7-18 desirable. 7-19 (c) The board shall call a hearing on the exclusion of land 7-20 or other property from the district in the manner provided by 7-21 Section 49.304 or 49.307, Water Code, if a property owner in the 7-22 district files with the board secretary a written petition 7-23 requesting the hearing before the issuance of a bond. 7-24 Sec. 384.053. POWERS BEYOND DISTRICT TERRITORY. The 7-25 district may exercise any of its powers outside the boundaries of 7-26 the district if the board determines that there is a benefit to the 7-27 district in exercising that power. 8-1 Sec. 384.054. OFFICIAL SEAL. The district may adopt or 8-2 alter an official seal for the district. 8-3 Sec. 384.055. LIMIT ON DISTRICT POWERS. The district may 8-4 not exercise a power unless it furthers the purposes of this 8-5 chapter. 8-6 (Sections 384.056-384.080 reserved for expansion) 8-7 SUBCHAPTER D. BOARD OF DIRECTORS 8-8 Sec. 384.081. BOARD OF DIRECTORS. (a) The district is 8-9 governed by a board of nine directors. The board may increase or 8-10 decrease the number of directors on the board by resolution if the 8-11 board finds that to do so is in the best interest of the district. 8-12 The board may not have more than 15 directors. 8-13 (b) The county commissioners court shall appoint the 8-14 directors to serve staggered four-year terms with as near as 8-15 possible to one-half of the directors' terms expiring on June 1 of 8-16 each odd-numbered year. At least five directors must reside in or 8-17 own property in the county. To serve as a director, a person must 8-18 be at least 18 years old and: 8-19 (1) reside in the district; 8-20 (2) own property in the district; or 8-21 (3) be an agent, employee, or tenant of a district 8-22 property owner. 8-23 (c) The board shall elect from among its members a 8-24 president, vice president, and secretary. The board by rule may 8-25 provide for the election of other officers. 8-26 Sec. 384.082. REMOVAL; VACANCIES. (a) On petition by a 8-27 majority of the remaining directors and after notice and hearing, 9-1 the county commissioners court may remove a director for misconduct 9-2 or failure to carry out the director's duties. 9-3 (b) A vacancy in the office of a director because of the 9-4 death, resignation, or removal of a director shall be filled by the 9-5 remaining directors by appointing a director for the unexpired 9-6 term. 9-7 Sec. 384.083. BOARD MEETINGS. The board shall meet at least 9-8 once every three months and at the call of the presiding officer or 9-9 a majority of the directors. 9-10 Sec. 384.084. RULE-MAKING. (a) The board may adopt rules 9-11 necessary or convenient to carry out district powers and duties. 9-12 (b) The board may adopt rules to govern its affairs. 9-13 (c) The board may adopt rules to preserve the public health 9-14 and welfare concerning the agricultural products submitted to the 9-15 district for harvesting, processing, distributing, or transporting. 9-16 (d) The board may adopt rules on the priority of the use of 9-17 district property and services, including the payment of fees. 9-18 Sec. 384.085. HEARINGS. (a) The board may conduct hearings 9-19 and take evidence on any matter before the board. 9-20 (b) The board may appoint a hearings examiner to conduct a 9-21 hearing called by the board. The hearings examiner may be a 9-22 district employee or director. 9-23 Sec. 384.086. EMPLOYEES; EXECUTIVE DIRECTOR. A board may 9-24 employ: 9-25 (1) an executive director to manage the district's 9-26 day-to-day operations; and 9-27 (2) other persons necessary to carry out the 10-1 district's duties. 10-2 Sec. 384.087. COMPENSATION AND EXPENSES. A director serves 10-3 without compensation but shall be reimbursed for a reasonable and 10-4 necessary expense incurred in performing an official duty. 10-5 Sec. 384.088. DIRECTOR'S BOND. (a) As soon as practicable 10-6 after a director is appointed, the director shall execute a $10,000 10-7 bond payable to the district and conditioned on the faithful 10-8 performance of the director's duties. 10-9 (b) Each director's bond must be approved by the board. 10-10 (c) The bond shall be filed with and retained by the 10-11 district. 10-12 Sec. 384.089. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT. 10-13 (a) Except as provided in this section: 10-14 (1) a director may participate in all board votes and 10-15 decisions; and 10-16 (2) Chapter 171 governs conflicts of interest for 10-17 directors. 10-18 (b) Section 171.004 does not apply to the district. 10-19 Instead, a director who has a substantial interest in a business or 10-20 charitable entity that will receive a pecuniary benefit from a 10-21 board action shall file a one-time affidavit declaring the 10-22 interest. An additional affidavit is not required if the 10-23 director's interest changes. After the affidavit is filed with the 10-24 board secretary, the director may participate in a discussion or 10-25 vote on that action if: 10-26 (1) a majority of the directors have similar interests 10-27 in the same entity; or 11-1 (2) all similar business or charitable entities in the 11-2 district will receive a similar pecuniary benefit. 11-3 (c) A director who is also an officer or employee of a 11-4 public entity may not participate in the discussion of or vote on a 11-5 matter regarding a contract with that same public entity. 11-6 (d) For purposes of this section, a director has a 11-7 substantial interest in a charitable entity in the same manner that 11-8 a person would have a substantial interest in a business entity 11-9 under Section 171.002. 11-10 (Sections 384.090-384.100 reserved for expansion) 11-11 SUBCHAPTER E. FINANCES; BONDS 11-12 Sec. 384.101. MISCELLANEOUS FINANCIAL POWERS AND DUTIES. 11-13 (a) The district may: 11-14 (1) acquire and dispose of money; 11-15 (2) impose a charge for using a facility or a service 11-16 the district provides; 11-17 (3) issue a bond as provided by this subchapter; 11-18 (4) borrow money; 11-19 (5) loan money; 11-20 (6) invest money under its control in an investment 11-21 permitted by Chapter 2256, Government Code; 11-22 (7) select a depository; 11-23 (8) establish a system of accounts for the district; 11-24 and 11-25 (9) set the fiscal year for the district. 11-26 (b) The district shall endeavor to raise revenue sufficient 11-27 to pay its debts. 12-1 (c) The board by rule shall establish the procedure and 12-2 number of directors' signatures required to disburse or transfer 12-3 district money. 12-4 Sec. 384.102. BONDS. (a) The district may issue any type 12-5 of bond for any district purpose. A bond may be issued under 12-6 Chapter 656, Acts of the 68th Legislature, Regular Session, 1983 12-7 (Article 717q, Vernon's Texas Civil Statutes). 12-8 (b) When authorizing the issuance of a bond, the district 12-9 may also authorize the later issuance of a parity or subordinate 12-10 lien bond. 12-11 (c) A district bond must: 12-12 (1) mature not later than 40 years after its date of 12-13 issuance; and 12-14 (2) state on its face that the bond is not an 12-15 obligation of the state. 12-16 (d) A district bond may be payable from or secured by: 12-17 (1) any source of money, including district revenue, 12-18 loans, or assessments; or 12-19 (2) a lien, pledge, mortgage, or other security 12-20 interest on district revenue or property. 12-21 (e) The district may use bond proceeds for any purpose, 12-22 including to pay: 12-23 (1) into a reserve fund for debt service; 12-24 (2) for the repair or replacement of property, 12-25 including buildings and equipment; 12-26 (3) interest on bonds; or 12-27 (4) for the operation of a sugar mill or other 13-1 agricultural enterprise. 13-2 (f) The district may contract with a bondholder to impose an 13-3 assessment to pay for the operation of a sugar mill or other 13-4 agricultural enterprise. 13-5 Sec. 384.103. APPROVAL OF ASSESSMENT BONDS. A bond 13-6 secured by an assessment may not be issued unless the district 13-7 receives a written petition requesting the assessment and the 13-8 issuance of bonds that is signed by each owner of the property 13-9 being assessed. 13-10 (Sections 384.104-384.110 reserved for expansion) 13-11 SUBCHAPTER F. ASSESSMENTS 13-12 Sec. 384.111. GENERAL POWERS. (a) The board may impose an 13-13 assessment: 13-14 (1) for a district expense; 13-15 (2) to finance a project or district service; or 13-16 (3) for any other purpose authorized by this chapter. 13-17 (b) Money derived from an assessment for one purpose may not 13-18 be borrowed to be used for another purpose for which an assessment 13-19 is imposed. 13-20 (c) The board shall establish a procedure for the 13-21 distribution or use of money derived from an assessment that 13-22 exceeds the amount of money necessary to accomplish the purpose for 13-23 which the assessment was collected. 13-24 Sec. 384.112. AREA TO BE ASSESSED; LIMITS. (a) The board 13-25 may impose an assessment only on property included in a petition 13-26 for assessment. 13-27 (b) The owner of an improvement constructed in the district, 14-1 or of land annexed to the district, after the district imposed an 14-2 assessment may waive the right to notice and an assessment hearing 14-3 and may agree to the imposition of the assessment on the 14-4 improvement or land and payment of the assessment at an agreed 14-5 rate. 14-6 (c) The district may not impose an assessment on a utility's 14-7 property. For purposes of this subsection, "utility" means a 14-8 person that provides to the public gas, electricity, telephone, 14-9 sewage, or water service. 14-10 Sec. 384.113. HEARING AND PETITION REQUIRED. The board may 14-11 impose an assessment only if: 14-12 (1) a written petition has been filed with the board 14-13 that: 14-14 (A) requests the assessment; 14-15 (B) states the specific purpose of the 14-16 assessment; and 14-17 (C) is signed by each owner of the property to 14-18 be assessed; 14-19 (2) two-thirds of the board votes to impose the 14-20 assessment; 14-21 (3) the board provides notice of a hearing on the 14-22 proposal under Section 384.119; and 14-23 (4) the board holds a hearing on the advisability of 14-24 the assessment under Section 384.120. 14-25 Sec. 384.114. APPORTIONMENT OF COST. The board shall 14-26 apportion the cost of an assessment to property according to the 14-27 special benefits accruing to the property because of the project or 15-1 service to be financed by the assessment. The cost may be 15-2 assessed: 15-3 (1) equally by front foot or by square foot of land 15-4 area; 15-5 (2) equally by acreage of land; 15-6 (3) against property according to the value of the 15-7 property as determined by the board, which may consider the value 15-8 of a structure or improvement on the property; or 15-9 (4) on any other reasonable assessment plan that 15-10 imposes a fair share of the cost on property similarly benefited. 15-11 Sec. 384.115. ASSESSMENT TO FINANCE A PROJECT OR SERVICE. 15-12 If the board determines the total cost of an assessment to finance 15-13 a project or service, the board shall impose the assessment against 15-14 each parcel of land against which an assessment may be imposed in 15-15 the district. The board may impose an annual assessment for a 15-16 service. The amount of an annual service assessment may vary from 15-17 year to year, but may not be higher than the initial assessment. 15-18 Sec. 384.116. ASSESSMENT ROLL. (a) The board shall prepare 15-19 and maintain an assessment roll showing the assessment against each 15-20 property and the board's basis for the assessment. 15-21 (b) The board shall allow the public to inspect the 15-22 assessment roll. 15-23 Sec. 384.117. INTEREST ON ASSESSMENTS; LIEN. (a) An 15-24 assessment, including an assessment resulting from an addition or 15-25 correction to the assessment roll, penalties and interest on an 15-26 assessment, assessment collection expenses, and reasonable 15-27 attorney's fees incurred by the district in collecting an 16-1 assessment are: 16-2 (1) a first and prior lien against the property 16-3 assessed; 16-4 (2) superior to any other lien or claim other than a 16-5 lien or claim for county, school district, or municipal ad valorem 16-6 taxes; and 16-7 (3) the personal liability of and charge against the 16-8 owners of the property, even if the owners are not named in an 16-9 assessment proceeding. 16-10 (b) The lien is effective from the date of the order 16-11 imposing the assessment until the assessment is paid. 16-12 Sec. 384.118. MISTAKES. After notice and hearing in the 16-13 manner required for an original assessment, the board may impose an 16-14 assessment to correct a mistake in the assessment: 16-15 (1) relating to the total cost of the assessment; or 16-16 (2) covering a delinquency or collection costs. 16-17 Sec. 384.119. NOTICE OF HEARING. (a) The board shall 16-18 provide notice of a hearing in a newspaper with general circulation 16-19 in the county. The publication must be made not later than the 16-20 30th day before the date of the hearing. 16-21 (b) The notice must include the: 16-22 (1) time and place of the hearing; 16-23 (2) purpose for the proposed assessment; 16-24 (3) estimated cost of the purpose for which the 16-25 assessment is proposed, including interest during construction and 16-26 associated financing costs; and 16-27 (4) proposed assessment method. 17-1 (c) Not later than the 30th day before the date of the 17-2 hearing, the board shall mail written notice containing the 17-3 information required by Subsection (b) to each property owner in 17-4 the district that will be subject to the assessment at the current 17-5 address of the owner of the property to be assessed, as reflected 17-6 on the tax rolls. 17-7 Sec. 384.120. CONDUCT OF HEARING. (a) A hearing on a 17-8 proposed assessment may be adjourned from time to time. 17-9 (b) If a hearings examiner conducts the hearing, the 17-10 examiner shall file with the board a report on the examiner's 17-11 findings under Subsection (d). 17-12 (c) The board or hearings examiner shall hear and rule on 17-13 all objections to a proposed assessment. 17-14 (d) The board or hearings examiner shall make findings 17-15 relating to the: 17-16 (1) advisability of the assessment, including the 17-17 purpose of the assessment; 17-18 (2) estimated cost of the assessment; 17-19 (3) area benefited by the assessment; 17-20 (4) method of assessment; and 17-21 (5) method and time for payment of the assessment. 17-22 (e) After receiving or issuing the findings required by 17-23 Subsection (d), the board by order: 17-24 (1) shall: 17-25 (A) impose the assessment as a special 17-26 assessment on the property; and 17-27 (B) specify the method of payment on the 18-1 assessment; and 18-2 (2) may: 18-3 (A) amend a proposed assessment for any parcel; 18-4 (B) require an assessment to be paid in periodic 18-5 installments, including interest; 18-6 (C) require an interest charge or penalty for a 18-7 failure to make timely payment; or 18-8 (D) charge an amount to cover a delinquency or 18-9 collection expense. 18-10 (f) If the board orders that an assessment may be paid in 18-11 periodic installments, the installments must: 18-12 (1) be in amounts sufficient to meet the annual costs 18-13 of the project or service for which the assessment is imposed; and 18-14 (2) continue for the number of years required to 18-15 retire the indebtedness or pay for the project or service for which 18-16 the assessment is imposed. 18-17 Sec. 384.121. REHEARING. Section 2001.146, Government Code, 18-18 applies to a motion for rehearing except that the property owner 18-19 must file the motion for rehearing not later than the 30th day 18-20 after the date on which the assessment order is issued. 18-21 Sec. 384.122. FILING OF NOTICE OF ASSESSMENT. Not later 18-22 than the 30th day after the date on which an assessment order is 18-23 issued, the district shall file a notice of the assessment in the 18-24 deed records of the county in which the property to be assessed is 18-25 located. The notice must: 18-26 (1) provide a legal description of the property that 18-27 is subject to the assessment; 19-1 (2) state the name of the owner of the property that 19-2 is subject to the assessment; and 19-3 (3) describe how to contact the district for further 19-4 information about the assessment. 19-5 Sec. 384.123. APPEAL TO COURT. (a) A property owner 19-6 against whom an assessment is imposed may appeal the assessment to 19-7 a district court in the county in which the property is located in 19-8 the manner provided for the appeal of a contested case under 19-9 Chapter 2001, Government Code. 19-10 (b) The owner must file the notice of appeal with the court 19-11 not later than the 30th day after the board decision becomes final. 19-12 (c) The court shall review the appeal by trial de novo. 19-13 Sec. 384.124. ASSESSMENT AFTER APPEAL. If the board 19-14 determines or a court holds that an assessment is invalid, the 19-15 board may impose a new assessment in accordance with the procedures 19-16 provided by this subchapter. 19-17 (Sections 384.125-384.140 reserved for expansion 19-18 SUBCHAPTER G. DISSOLUTION 19-19 Sec. 384.141. The district dissolves if: 19-20 (1) a majority of the board votes for dissolution; and 19-21 (2) all district debts and obligations have been 19-22 discharged. 19-23 SECTION 2. (a) Not later than December 1, 1999, the 19-24 commissioners court of Chambers County shall appoint nine members 19-25 to the initial board of directors of the Southeast Texas 19-26 Agricultural Development District. 19-27 (b) Chambers County shall designate four members whose terms 20-1 expire on June 1, 2001, and five members whose terms expire on June 20-2 1, 2003. 20-3 SECTION 3. (a) The proper and legal notice of the intention 20-4 to introduce this Act, setting forth the general substance of this 20-5 Act, has been published as provided by law, and the notice and a 20-6 copy of this Act have been furnished to all persons, agencies, 20-7 officials, or entities to which they are required to be furnished 20-8 by the constitution and other laws of this state, including the 20-9 governor, who has submitted the notice and Act to the Texas Natural 20-10 Resource Conservation Commission. 20-11 (b) The Texas Natural Resource Conservation Commission has 20-12 filed its recommendations relating to this Act with the governor, 20-13 lieutenant governor, and speaker of the house of representatives 20-14 within the required time. 20-15 (c) All requirements of the constitution and laws of this 20-16 state and the rules and procedures of the legislature with respect 20-17 to the notice, introduction, and passage of this Act are fulfilled 20-18 and accomplished. 20-19 SECTION 4. This Act takes effect September 1, 1999. 20-20 SECTION 5. The importance of this legislation and the 20-21 crowded condition of the calendars in both houses create an 20-22 emergency and an imperative public necessity that the 20-23 constitutional rule requiring bills to be read on three several 20-24 days in each house be suspended, and this rule is hereby suspended.