1-1 By: Zbranek (Senate Sponsor - Bernsen) H.B. No. 3845 1-2 (In the Senate - Received from the House May 11, 1999; 1-3 May 12, 1999, read first time and referred to Committee on Natural 1-4 Resources; May 14, 1999, reported favorably by the following vote: 1-5 Yeas 4, Nays 0; May 14, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the creation of the Southeast Texas Agricultural 1-9 Development District; granting the right to issue bonds. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subtitle B, Title 12, Local Government Code, is 1-12 amended by adding Chapter 384 to read as follows: 1-13 CHAPTER 384. SOUTHEAST TEXAS AGRICULTURAL DEVELOPMENT DISTRICT 1-14 SUBCHAPTER A. GENERAL PROVISIONS 1-15 Sec. 384.001. DEFINITIONS. In this chapter: 1-16 (1) "Assessment" includes a reassessment or 1-17 supplemental assessment. 1-18 (2) "Board" means the board of directors of the 1-19 district. 1-20 (3) "Bond" means an obligation issued by the district 1-21 under this chapter, including a bond, certificate, note, or other 1-22 evidence of indebtedness. 1-23 (4) "County" means Chambers County, Texas. 1-24 (5) "Director" means a board member. 1-25 (6) "District" means the Southeast Texas Agricultural 1-26 Development District. 1-27 (7) "Project" means an agricultural project designated 1-28 under Section 384.045. 1-29 (Sections 384.002-384.020 reserved for expansion) 1-30 SUBCHAPTER B. CREATION OF DISTRICT 1-31 Sec. 384.021. CREATION. (a) The Southeast Texas 1-32 Agricultural Development District is created as a special district. 1-33 (b) The board by resolution may change the district's name. 1-34 Sec. 384.022. PURPOSE AND NATURE OF DISTRICT. (a) The 1-35 district is created as a conservation and reclamation district 1-36 under Section 59, Article XVI, Texas Constitution, to: 1-37 (1) conserve and develop the natural resources of this 1-38 state, including certain agricultural resources; 1-39 (2) conserve the soil for certain agricultural uses; 1-40 (3) reclaim or drain overflowed lands or provide 1-41 necessary irrigation for certain natural agricultural resources; 1-42 and 1-43 (4) provide credit, grants, or other things of value 1-44 to aid persons as provided by Section 52(a), Article III, Texas 1-45 Constitution. 1-46 (b) The district exercises public and essential governmental 1-47 functions. 1-48 (c) Chapter 49, Water Code, does not apply to the district. 1-49 (d) The creation of the district is a program essential to 1-50 accomplish the purposes of Section 52-a, Article III, Texas 1-51 Constitution, and other public purposes stated in this chapter. 1-52 Sec. 384.023. BOUNDARIES. The district includes all of the 1-53 territory of Chambers County that is east of the center line of the 1-54 Trinity River and north of the center line of the Gulf Intracoastal 1-55 Waterway, save and except all property located within the city 1-56 limits of an incorporated municipality as of January 1, 1999. 1-57 Sec. 384.024. FINDING RELATING TO BOUNDARIES. The 1-58 legislature finds that the boundaries of the district form a 1-59 closure. If a mistake is made in the description of the boundaries 1-60 or in copying the description in the legislative process, it does 1-61 not affect the district's: 1-62 (1) organization, existence, or validity; 1-63 (2) right to issue any type of bond for the purposes 1-64 for which the district is created or to pay the principal of and 2-1 interest on a bond; 2-2 (3) right to impose or collect an assessment; or 2-3 (4) legality or operation. 2-4 (Sections 384.025-384.040 reserved for expansion) 2-5 SUBCHAPTER C. DISTRICT POWERS AND DUTIES 2-6 Sec. 384.041. GENERAL POWERS AND DUTIES. (a) The district 2-7 has the powers and duties that are prescribed by this chapter and 2-8 that are necessary or desirable to carry out a power or duty 2-9 expressly or implicitly granted under this chapter. 2-10 (b) The district may perform acts necessary to carry out the 2-11 purposes of this chapter. 2-12 (c) The district may not impose an ad valorem tax. 2-13 Sec. 384.042. ECONOMIC DEVELOPMENT. (a) The district may 2-14 encourage state economic development as provided by this chapter, 2-15 including by making a loan or grant of public money for the 2-16 purposes of this chapter. 2-17 (b) The district may encourage the economic development of 2-18 the area in which the district is located by: 2-19 (1) fostering the growth of enterprises based on 2-20 certain types of agriculture; 2-21 (2) stimulating innovation in certain agricultural 2-22 enterprises; 2-23 (3) seeking to eliminate unemployment or 2-24 underemployment in the state; and 2-25 (4) developing or expanding transportation resources. 2-26 Sec. 384.043. AGRICULTURAL DEVELOPMENT. The district may: 2-27 (1) promote all agricultural enterprises, facilities, 2-28 and services of the district; and 2-29 (2) encourage the maintenance and conservation of soil 2-30 in the district. 2-31 Sec. 384.044. AGRICULTURAL DEVELOPMENT. The district may 2-32 design, construct, and operate a sugar mill or other agricultural 2-33 enterprise. The district may acquire property necessary for a 2-34 sugar mill or other agricultural enterprise, including vehicles, 2-35 farm equipment, and other machinery and related facilities for the 2-36 harvesting, processing, storage, distribution, and transportation 2-37 of sugar cane or other agricultural products or by-products. 2-38 Sec. 384.045. AGRICULTURAL PROJECTS. (a) The district may 2-39 designate as an agricultural project a project that relates to the 2-40 development of agriculture in the district and surrounding areas 2-41 and the preservation and conservation of the soil in the district 2-42 for agricultural purposes. 2-43 (b) A project designated under Subsection (a) is for a 2-44 public purpose. 2-45 (c) The cost of a project, including interest during 2-46 construction and costs of issuance of bonds, may be paid from any 2-47 source. 2-48 (d) The implementation of a project is a governmental 2-49 function or service for purposes of Chapter 791, Government Code. 2-50 Sec. 384.046. TRANSPORTATION DEVELOPMENT; NAVIGATION 2-51 DISTRICT; LIMIT ON POWER. (a) The district may encourage the 2-52 transportation and distribution of the district's agricultural 2-53 products through the development and operation of transportation 2-54 structures necessary to further the purposes of this chapter, 2-55 including railroads and private roads. 2-56 (b) The district may cooperate and contract with the 2-57 Chambers-Liberty Counties Navigation District on any area of mutual 2-58 interest. 2-59 (c) The authority granted to the district under this 2-60 chapter is not intended to duplicate the authority granted to the 2-61 Chambers-Liberty Counties Navigation District or to limit the 2-62 authority or jurisdiction of the navigation district. To the 2-63 extent the laws of this chapter conflict with the laws of that 2-64 navigation district, the laws of the navigation district control 2-65 over this chapter. 2-66 Sec. 384.047. AGREEMENTS; DONATIONS. (a) The district may: 2-67 (1) make an agreement with any person for any district 2-68 purpose, including an agreement: 2-69 (A) to operate or maintain an agricultural 3-1 enterprise under Sections 384.043 and 384.044; or 3-2 (B) with a municipality or county to provide law 3-3 enforcement service in the district on a fee basis; or 3-4 (2) accept a donation, grant, or loan from any person. 3-5 (b) The district, county, and any other political 3-6 subdivision, without further authorization, may contract to 3-7 implement a district project or assist the district in providing a 3-8 service authorized by this chapter. A contract under this 3-9 subsection may provide: 3-10 (1) for payment from a district assessment or other 3-11 revenue; or 3-12 (2) that an assessment or other revenue collected from 3-13 a district project, or from a person using or purchasing a 3-14 commodity or service from a district project, may be paid or 3-15 rebated to the district. 3-16 Sec. 384.048. PROPERTY. The district may acquire or dispose 3-17 of property in any manner, including by: 3-18 (1) conveyance; 3-19 (2) mortgage; or 3-20 (3) lease, as lessor or lessee. 3-21 Sec. 384.049. EMINENT DOMAIN. The district may not exercise 3-22 the power of eminent domain. 3-23 Sec. 384.050. RESEARCH. The district may conduct or pay for 3-24 research for agricultural purposes. 3-25 Sec. 384.051. SUITS. (a) The district may sue and be sued. 3-26 (b) In a suit against the district, process may be served on 3-27 a director or registered agent. 3-28 (c) The district may not be required to give a bond on an 3-29 appeal or writ of error in a civil case that the district is 3-30 prosecuting or defending. 3-31 (d) The district may indemnify a director or district 3-32 employee or a former director or district employee for reasonable 3-33 expenses and costs, including attorney's fees, incurred by that 3-34 person in connection with a claim asserted against that person if: 3-35 (1) the claim relates to an act or omission of the 3-36 person when acting in the scope of the person's board membership or 3-37 district employment; and 3-38 (2) the person has not been found liable or guilty on 3-39 the claim. 3-40 Sec. 384.052. ANNEXATION; EXCLUDING TERRITORY. (a) The 3-41 district may annex land as provided by Section 49.301 or 49.302, 3-42 Water Code, except that the references in those sections related to 3-43 taxes do not apply. As provided by those sections, the district 3-44 may annex land that is not adjacent or contiguous to the district. 3-45 (b) The board on its own motion may call a hearing on the 3-46 question of the exclusion of land from the district in the manner 3-47 provided by Section 49.304 or 49.307, Water Code, if: 3-48 (1) the district does not have outstanding bonds; and 3-49 (2) the proposed exclusion is practicable, just, or 3-50 desirable. 3-51 (c) The board shall call a hearing on the exclusion of land 3-52 or other property from the district in the manner provided by 3-53 Section 49.304 or 49.307, Water Code, if a property owner in the 3-54 district files with the board secretary a written petition 3-55 requesting the hearing before the issuance of a bond. 3-56 Sec. 384.053. POWERS BEYOND DISTRICT TERRITORY. The 3-57 district may exercise any of its powers outside the boundaries of 3-58 the district if the board determines that there is a benefit to the 3-59 district in exercising that power. 3-60 Sec. 384.054. OFFICIAL SEAL. The district may adopt or 3-61 alter an official seal for the district. 3-62 Sec. 384.055. LIMIT ON DISTRICT POWERS. The district may 3-63 not exercise a power unless it furthers the purposes of this 3-64 chapter. 3-65 (Sections 384.056-384.080 reserved for expansion) 3-66 SUBCHAPTER D. BOARD OF DIRECTORS 3-67 Sec. 384.081. BOARD OF DIRECTORS. (a) The district is 3-68 governed by a board of nine directors. The board may increase or 3-69 decrease the number of directors on the board by resolution if the 4-1 board finds that to do so is in the best interest of the district. 4-2 The board may not have more than 15 directors. 4-3 (b) The county commissioners court shall appoint the 4-4 directors to serve staggered four-year terms with as near as 4-5 possible to one-half of the directors' terms expiring on June 1 of 4-6 each odd-numbered year. At least five directors must reside in or 4-7 own property in the county. To serve as a director, a person must 4-8 be at least 18 years old and: 4-9 (1) reside in the district; 4-10 (2) own property in the district; or 4-11 (3) be an agent, employee, or tenant of a district 4-12 property owner. 4-13 (c) The board shall elect from among its members a 4-14 president, vice president, and secretary. The board by rule may 4-15 provide for the election of other officers. 4-16 Sec. 384.082. REMOVAL; VACANCIES. (a) On petition by a 4-17 majority of the remaining directors and after notice and hearing, 4-18 the county commissioners court may remove a director for misconduct 4-19 or failure to carry out the director's duties. 4-20 (b) A vacancy in the office of a director because of the 4-21 death, resignation, or removal of a director shall be filled by the 4-22 remaining directors by appointing a director for the unexpired 4-23 term. 4-24 Sec. 384.083. BOARD MEETINGS. The board shall meet at least 4-25 once every three months and at the call of the presiding officer or 4-26 a majority of the directors. 4-27 Sec. 384.084. RULE-MAKING. (a) The board may adopt rules 4-28 necessary or convenient to carry out district powers and duties. 4-29 (b) The board may adopt rules to govern its affairs. 4-30 (c) The board may adopt rules to preserve the public health 4-31 and welfare concerning the agricultural products submitted to the 4-32 district for harvesting, processing, distributing, or transporting. 4-33 (d) The board may adopt rules on the priority of the use of 4-34 district property and services, including the payment of fees. 4-35 Sec. 384.085. HEARINGS. (a) The board may conduct hearings 4-36 and take evidence on any matter before the board. 4-37 (b) The board may appoint a hearings examiner to conduct a 4-38 hearing called by the board. The hearings examiner may be a 4-39 district employee or director. 4-40 Sec. 384.086. EMPLOYEES; EXECUTIVE DIRECTOR. A board may 4-41 employ: 4-42 (1) an executive director to manage the district's 4-43 day-to-day operations; and 4-44 (2) other persons necessary to carry out the 4-45 district's duties. 4-46 Sec. 384.087. COMPENSATION AND EXPENSES. A director serves 4-47 without compensation but shall be reimbursed for a reasonable and 4-48 necessary expense incurred in performing an official duty. 4-49 Sec. 384.088. DIRECTOR'S BOND. (a) As soon as practicable 4-50 after a director is appointed, the director shall execute a $10,000 4-51 bond payable to the district and conditioned on the faithful 4-52 performance of the director's duties. 4-53 (b) Each director's bond must be approved by the board. 4-54 (c) The bond shall be filed with and retained by the 4-55 district. 4-56 Sec. 384.089. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT. 4-57 (a) Except as provided in this section: 4-58 (1) a director may participate in all board votes and 4-59 decisions; and 4-60 (2) Chapter 171 governs conflicts of interest for 4-61 directors. 4-62 (b) Section 171.004 does not apply to the district. 4-63 Instead, a director who has a substantial interest in a business or 4-64 charitable entity that will receive a pecuniary benefit from a 4-65 board action shall file a one-time affidavit declaring the 4-66 interest. An additional affidavit is not required if the 4-67 director's interest changes. After the affidavit is filed with the 4-68 board secretary, the director may participate in a discussion or 4-69 vote on that action if: 5-1 (1) a majority of the directors have similar interests 5-2 in the same entity; or 5-3 (2) all similar business or charitable entities in the 5-4 district will receive a similar pecuniary benefit. 5-5 (c) A director who is also an officer or employee of a 5-6 public entity may not participate in the discussion of or vote on a 5-7 matter regarding a contract with that same public entity. 5-8 (d) For purposes of this section, a director has a 5-9 substantial interest in a charitable entity in the same manner that 5-10 a person would have a substantial interest in a business entity 5-11 under Section 171.002. 5-12 (Sections 384.090-384.100 reserved for expansion) 5-13 SUBCHAPTER E. FINANCES; BONDS 5-14 Sec. 384.101. MISCELLANEOUS FINANCIAL POWERS AND DUTIES. 5-15 (a) The district may: 5-16 (1) acquire and dispose of money; 5-17 (2) impose a charge for using a facility or a service 5-18 the district provides; 5-19 (3) issue a bond as provided by this subchapter; 5-20 (4) borrow money; 5-21 (5) loan money; 5-22 (6) invest money under its control in an investment 5-23 permitted by Chapter 2256, Government Code; 5-24 (7) select a depository; 5-25 (8) establish a system of accounts for the district; 5-26 and 5-27 (9) set the fiscal year for the district. 5-28 (b) The district shall endeavor to raise revenue sufficient 5-29 to pay its debts. 5-30 (c) The board by rule shall establish the procedure and 5-31 number of directors' signatures required to disburse or transfer 5-32 district money. 5-33 Sec. 384.102. BONDS. (a) The district may issue any type 5-34 of bond for any district purpose. A bond may be issued under 5-35 Chapter 656, Acts of the 68th Legislature, Regular Session, 1983 5-36 (Article 717q, Vernon's Texas Civil Statutes). 5-37 (b) When authorizing the issuance of a bond, the district 5-38 may also authorize the later issuance of a parity or subordinate 5-39 lien bond. 5-40 (c) A district bond must: 5-41 (1) mature not later than 40 years after its date of 5-42 issuance; and 5-43 (2) state on its face that the bond is not an 5-44 obligation of the state. 5-45 (d) A district bond may be payable from or secured by: 5-46 (1) any source of money, including district revenue, 5-47 loans, or assessments; or 5-48 (2) a lien, pledge, mortgage, or other security 5-49 interest on district revenue or property. 5-50 (e) The district may use bond proceeds for any purpose, 5-51 including to pay: 5-52 (1) into a reserve fund for debt service; 5-53 (2) for the repair or replacement of property, 5-54 including buildings and equipment; 5-55 (3) interest on bonds; or 5-56 (4) for the operation of a sugar mill or other 5-57 agricultural enterprise. 5-58 (f) The district may contract with a bondholder to impose an 5-59 assessment to pay for the operation of a sugar mill or other 5-60 agricultural enterprise. 5-61 Sec. 384.103. APPROVAL OF ASSESSMENT BONDS. A bond 5-62 secured by an assessment may not be issued unless the district 5-63 receives a written petition requesting the assessment and the 5-64 issuance of bonds that is signed by each owner of the property 5-65 being assessed. 5-66 (Sections 384.104-384.110 reserved for expansion) 5-67 SUBCHAPTER F. ASSESSMENTS 5-68 Sec. 384.111. GENERAL POWERS. (a) The board may impose an 5-69 assessment: 6-1 (1) for a district expense; 6-2 (2) to finance a project or district service; or 6-3 (3) for any other purpose authorized by this chapter. 6-4 (b) Money derived from an assessment for one purpose may not 6-5 be borrowed to be used for another purpose for which an assessment 6-6 is imposed. 6-7 (c) The board shall establish a procedure for the 6-8 distribution or use of money derived from an assessment that 6-9 exceeds the amount of money necessary to accomplish the purpose for 6-10 which the assessment was collected. 6-11 Sec. 384.112. AREA TO BE ASSESSED; LIMITS. (a) The board 6-12 may impose an assessment only on property included in a petition 6-13 for assessment. 6-14 (b) The owner of an improvement constructed in the district, 6-15 or of land annexed to the district, after the district imposed an 6-16 assessment may waive the right to notice and an assessment hearing 6-17 and may agree to the imposition of the assessment on the 6-18 improvement or land and payment of the assessment at an agreed 6-19 rate. 6-20 (c) The district may not impose an assessment on a utility's 6-21 property. For purposes of this subsection, "utility" means a 6-22 person that provides to the public gas, electricity, telephone, 6-23 sewage, or water service. 6-24 Sec. 384.113. HEARING AND PETITION REQUIRED. The board may 6-25 impose an assessment only if: 6-26 (1) a written petition has been filed with the board 6-27 that: 6-28 (A) requests the assessment; 6-29 (B) states the specific purpose of the 6-30 assessment; and 6-31 (C) is signed by each owner of the property to 6-32 be assessed; 6-33 (2) two-thirds of the board votes to impose the 6-34 assessment; 6-35 (3) the board provides notice of a hearing on the 6-36 proposal under Section 384.119; and 6-37 (4) the board holds a hearing on the advisability of 6-38 the assessment under Section 384.120. 6-39 Sec. 384.114. APPORTIONMENT OF COST. The board shall 6-40 apportion the cost of an assessment to property according to the 6-41 special benefits accruing to the property because of the project or 6-42 service to be financed by the assessment. The cost may be 6-43 assessed: 6-44 (1) equally by front foot or by square foot of land 6-45 area; 6-46 (2) equally by acreage of land; 6-47 (3) against property according to the value of the 6-48 property as determined by the board, which may consider the value 6-49 of a structure or improvement on the property; or 6-50 (4) on any other reasonable assessment plan that 6-51 imposes a fair share of the cost on property similarly benefited. 6-52 Sec. 384.115. ASSESSMENT TO FINANCE A PROJECT OR SERVICE. 6-53 If the board determines the total cost of an assessment to finance 6-54 a project or service, the board shall impose the assessment against 6-55 each parcel of land against which an assessment may be imposed in 6-56 the district. The board may impose an annual assessment for a 6-57 service. The amount of an annual service assessment may vary from 6-58 year to year, but may not be higher than the initial assessment. 6-59 Sec. 384.116. ASSESSMENT ROLL. (a) The board shall prepare 6-60 and maintain an assessment roll showing the assessment against each 6-61 property and the board's basis for the assessment. 6-62 (b) The board shall allow the public to inspect the 6-63 assessment roll. 6-64 Sec. 384.117. INTEREST ON ASSESSMENTS; LIEN. (a) An 6-65 assessment, including an assessment resulting from an addition or 6-66 correction to the assessment roll, penalties and interest on an 6-67 assessment, assessment collection expenses, and reasonable 6-68 attorney's fees incurred by the district in collecting an 6-69 assessment are: 7-1 (1) a first and prior lien against the property 7-2 assessed; 7-3 (2) superior to any other lien or claim other than a 7-4 lien or claim for county, school district, or municipal ad valorem 7-5 taxes; and 7-6 (3) the personal liability of and charge against the 7-7 owners of the property, even if the owners are not named in an 7-8 assessment proceeding. 7-9 (b) The lien is effective from the date of the order 7-10 imposing the assessment until the assessment is paid. 7-11 Sec. 384.118. MISTAKES. After notice and hearing in the 7-12 manner required for an original assessment, the board may impose an 7-13 assessment to correct a mistake in the assessment: 7-14 (1) relating to the total cost of the assessment; or 7-15 (2) covering a delinquency or collection costs. 7-16 Sec. 384.119. NOTICE OF HEARING. (a) The board shall 7-17 provide notice of a hearing in a newspaper with general circulation 7-18 in the county. The publication must be made not later than the 7-19 30th day before the date of the hearing. 7-20 (b) The notice must include the: 7-21 (1) time and place of the hearing; 7-22 (2) purpose for the proposed assessment; 7-23 (3) estimated cost of the purpose for which the 7-24 assessment is proposed, including interest during construction and 7-25 associated financing costs; and 7-26 (4) proposed assessment method. 7-27 (c) Not later than the 30th day before the date of the 7-28 hearing, the board shall mail written notice containing the 7-29 information required by Subsection (b) to each property owner in 7-30 the district that will be subject to the assessment at the current 7-31 address of the owner of the property to be assessed, as reflected 7-32 on the tax rolls. 7-33 Sec. 384.120. CONDUCT OF HEARING. (a) A hearing on a 7-34 proposed assessment may be adjourned from time to time. 7-35 (b) If a hearings examiner conducts the hearing, the 7-36 examiner shall file with the board a report on the examiner's 7-37 findings under Subsection (d). 7-38 (c) The board or hearings examiner shall hear and rule on 7-39 all objections to a proposed assessment. 7-40 (d) The board or hearings examiner shall make findings 7-41 relating to the: 7-42 (1) advisability of the assessment, including the 7-43 purpose of the assessment; 7-44 (2) estimated cost of the assessment; 7-45 (3) area benefited by the assessment; 7-46 (4) method of assessment; and 7-47 (5) method and time for payment of the assessment. 7-48 (e) After receiving or issuing the findings required by 7-49 Subsection (d), the board by order: 7-50 (1) shall: 7-51 (A) impose the assessment as a special 7-52 assessment on the property; and 7-53 (B) specify the method of payment on the 7-54 assessment; and 7-55 (2) may: 7-56 (A) amend a proposed assessment for any parcel; 7-57 (B) require an assessment to be paid in periodic 7-58 installments, including interest; 7-59 (C) require an interest charge or penalty for a 7-60 failure to make timely payment; or 7-61 (D) charge an amount to cover a delinquency or 7-62 collection expense. 7-63 (f) If the board orders that an assessment may be paid in 7-64 periodic installments, the installments must: 7-65 (1) be in amounts sufficient to meet the annual costs 7-66 of the project or service for which the assessment is imposed; and 7-67 (2) continue for the number of years required to 7-68 retire the indebtedness or pay for the project or service for which 7-69 the assessment is imposed. 8-1 Sec. 384.121. REHEARING. Section 2001.146, Government Code, 8-2 applies to a motion for rehearing except that the property owner 8-3 must file the motion for rehearing not later than the 30th day 8-4 after the date on which the assessment order is issued. 8-5 Sec. 384.122. FILING OF NOTICE OF ASSESSMENT. Not later 8-6 than the 30th day after the date on which an assessment order is 8-7 issued, the district shall file a notice of the assessment in the 8-8 deed records of the county in which the property to be assessed is 8-9 located. The notice must: 8-10 (1) provide a legal description of the property that 8-11 is subject to the assessment; 8-12 (2) state the name of the owner of the property that 8-13 is subject to the assessment; and 8-14 (3) describe how to contact the district for further 8-15 information about the assessment. 8-16 Sec. 384.123. APPEAL TO COURT. (a) A property owner 8-17 against whom an assessment is imposed may appeal the assessment to 8-18 a district court in the county in which the property is located in 8-19 the manner provided for the appeal of a contested case under 8-20 Chapter 2001, Government Code. 8-21 (b) The owner must file the notice of appeal with the court 8-22 not later than the 30th day after the board decision becomes final. 8-23 (c) The court shall review the appeal by trial de novo. 8-24 Sec. 384.124. ASSESSMENT AFTER APPEAL. If the board 8-25 determines or a court holds that an assessment is invalid, the 8-26 board may impose a new assessment in accordance with the procedures 8-27 provided by this subchapter. 8-28 (Sections 384.125-384.140 reserved for expansion 8-29 SUBCHAPTER G. DISSOLUTION 8-30 Sec. 384.141. The district dissolves if: 8-31 (1) a majority of the board votes for dissolution; and 8-32 (2) all district debts and obligations have been 8-33 discharged. 8-34 SECTION 2. (a) Not later than December 1, 1999, the 8-35 commissioners court of Chambers County shall appoint nine members 8-36 to the initial board of directors of the Southeast Texas 8-37 Agricultural Development District. 8-38 (b) Chambers County shall designate four members whose terms 8-39 expire on June 1, 2001, and five members whose terms expire on June 8-40 1, 2003. 8-41 SECTION 3. (a) The proper and legal notice of the intention 8-42 to introduce this Act, setting forth the general substance of this 8-43 Act, has been published as provided by law, and the notice and a 8-44 copy of this Act have been furnished to all persons, agencies, 8-45 officials, or entities to which they are required to be furnished 8-46 by the constitution and other laws of this state, including the 8-47 governor, who has submitted the notice and Act to the Texas Natural 8-48 Resource Conservation Commission. 8-49 (b) The Texas Natural Resource Conservation Commission has 8-50 filed its recommendations relating to this Act with the governor, 8-51 lieutenant governor, and speaker of the house of representatives 8-52 within the required time. 8-53 (c) All requirements of the constitution and laws of this 8-54 state and the rules and procedures of the legislature with respect 8-55 to the notice, introduction, and passage of this Act are fulfilled 8-56 and accomplished. 8-57 SECTION 4. This Act takes effect September 1, 1999. 8-58 SECTION 5. The importance of this legislation and the 8-59 crowded condition of the calendars in both houses create an 8-60 emergency and an imperative public necessity that the 8-61 constitutional rule requiring bills to be read on three several 8-62 days in each house be suspended, and this rule is hereby suspended. 8-63 * * * * *