By Zbranek H.B. No. 3845
76R13205 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 717g, 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 describe:
18-26 (1) the property that is subject to the assessment;
18-27 and
19-1 (2) how to contact the district for further
19-2 information about the assessment.
19-3 Sec. 384.123. APPEAL TO COURT. (a) A property owner
19-4 against whom an assessment is imposed may appeal the assessment to
19-5 a district court in the county in which the property is located in
19-6 the manner provided for the appeal of a contested case under
19-7 Chapter 2001, Government Code.
19-8 (b) The owner must file the notice of appeal with the court
19-9 not later than the 30th day after the board decision becomes final.
19-10 (c) The court shall review the appeal by trial de novo.
19-11 Sec. 384.124. ASSESSMENT AFTER APPEAL. If the board
19-12 determines or a court holds that an assessment is invalid, the
19-13 board may impose a new assessment in accordance with the procedures
19-14 provided by this subchapter.
19-15 (Sections 384.125-384.140 reserved for expansion
19-16 SUBCHAPTER G. DISSOLUTION
19-17 Sec. 384.141. The district dissolves if:
19-18 (1) a majority of the board votes for dissolution; and
19-19 (2) all district debts and obligations have been
19-20 discharged.
19-21 SECTION 2. (a) Not later than December 1, 1999, the
19-22 commissioners court of Chambers County shall appoint nine members
19-23 to the initial board of directors of the Southeast Texas
19-24 Agricultural Development District.
19-25 (b) Chambers County shall designate four members whose terms
19-26 expire on June 1, 2001, and five members whose terms expire on June
19-27 1, 2003.
20-1 SECTION 3. (a) The proper and legal notice of the intention
20-2 to introduce this Act, setting forth the general substance of this
20-3 Act, has been published as provided by law, and the notice and a
20-4 copy of this Act have been furnished to all persons, agencies,
20-5 officials, or entities to which they are required to be furnished
20-6 by the constitution and other laws of this state, including the
20-7 governor, who has submitted the notice and Act to the Texas Natural
20-8 Resource Conservation Commission.
20-9 (b) The Texas Natural Resource Conservation Commission has
20-10 filed its recommendations relating to this Act with the governor,
20-11 lieutenant governor, and speaker of the house of representatives
20-12 within the required time.
20-13 (c) All requirements of the constitution and laws of this
20-14 state and the rules and procedures of the legislature with respect
20-15 to the notice, introduction, and passage of this Act are fulfilled
20-16 and accomplished.
20-17 SECTION 4. This Act takes effect September 1, 1999.
20-18 SECTION 5. The importance of this legislation and the
20-19 crowded condition of the calendars in both houses create an
20-20 emergency and an imperative public necessity that the
20-21 constitutional rule requiring bills to be read on three several
20-22 days in each house be suspended, and this rule is hereby suspended.