76R10089 MXM-D
By Gallegos S.B. No. 276
Substitute the following for S.B. No. 276:
By Swinford C.S.S.B. No. 276
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the Greater East End Management
1-3 District; 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 G to read as follows:
1-7 SUBCHAPTER G. GREATER EAST END MANAGEMENT DISTRICT
1-8 Sec. 376.261. CREATION OF DISTRICT. (a) A special district
1-9 to be known as the "Greater East End Management District" exists as
1-10 a 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. 376.262. 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 Greater East End 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. 376.263. 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 Greater East End 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. 376.264. BOUNDARIES. The district includes all the
2-24 territory contained in the following described area:
2-25 Being 16 square miles, more or less, out of the D. GREGG Survey,
2-26 Abstract No. 238, the S.M. WILLIAMS Survey, Abstract No. 87, the
2-27 HARRIS & WILSON Survey, Abstract No. 32, the L. MOORE Survey,
3-1 Abstract No. 51, the S.M. HARRIS Survey, Abstract No. 327, the J.
3-2 BROWN Survey, Abstract No. 8, the H. TIERWESTER Survey, Abstract
3-3 No. 76, the J. WELLS Survey, Abstract No. 832, the J. THOMAS
3-4 Survey, Abstract No. 74, the J. THOMAS Survey, Abstract No. 762,
3-5 the H.B. PRENTISS Survey, Abstract No. 56, the CALLAHAN & VINCE
3-6 Survey, Abstract No. 9, the J.R. HARRIS Survey, Abstract No. 27,
3-7 the J. AUSTIN Survey, Abstract No. 1, and the J. HOLMAN Survey,
3-8 Abstract No. 323, all located in Harris County, Texas, being more
3-9 particularly described by metes and bounds as follows:
3-10 BEGINNING AT A POINT being the point of intersection of the
3-11 centerline of the right-of-way of Clinton Drive and the centerline
3-12 of the right-of-way of East Loop 610,
3-13 Thence in a southerly direction with the centerline of the
3-14 right-of-way of East Loop 610, passing the centerline of the
3-15 channel of Buffalo Bayou and continuing in a southerly direction
3-16 with the centerline of the right-of-way of Loop 610 along a curve
3-17 to the right and proceeding in a southwesterly direction with the
3-18 centerline of the right-of-way of Loop 610, passing the centerline
3-19 of the right-of-way of Interstate 45 South to the point of
3-20 intersection with the centerline of the right-of-way of Telephone
3-21 Road,
3-22 Thence in a northwesterly direction with the centerline of the
3-23 right-of-way of Telephone Road to the point of intersection with
3-24 the center of the right-of-way of Interstate 45 South,
3-25 Thence in a northwesterly direction with the centerline of the
3-26 right-of-way of Interstate 45 South to the point of intersection
3-27 with the centerline of the right-of-way of Houston Belt and
4-1 Terminal Railroad,
4-2 Thence in a northerly direction with the centerline of the
4-3 right-of-way of Houston Belt and Terminal Railroad to the point of
4-4 intersection with the centerline of the right-of-way of Leeland
4-5 Street,
4-6 Thence in a northwesterly direction with the centerline of the
4-7 right-of-way of Leeland Street to the point of intersection with
4-8 the centerline of the right-of-way of Milby Street,
4-9 Thence in a northeasterly direction with the centerline of the
4-10 right-of-way of Milby Street to the point of intersection with the
4-11 centerline of the right-of-way of Houston Belt and Terminal
4-12 Railroad,
4-13 Thence in a northwesterly direction with the centerline of the
4-14 right-of-way of Houston Belt and Terminal Railroad to the point of
4-15 intersection with the centerline of the right-of-way of Sampson
4-16 Street,
4-17 Thence in a northeasterly direction with the with the centerline of
4-18 the right-of-way of Sampson Street to the point of intersection
4-19 with the centerline of the right-of-way of Texas Avenue,
4-20 Thence in a northwesterly direction with the centerline of the
4-21 right-of-way of Texas Avenue to the point of intersection with the
4-22 centerline of the right-of-way of Velasco Street,
4-23 Thence in a northerly direction with the centerline of the
4-24 right-of-way of Velasco Street to the point of intersection of the
4-25 centerline the right-of-way of Harrisburg Boulevard,
4-26 Thence in a northwesterly direction with the centerline of the
4-27 right-of-way of Harrisburg Boulevard to the point of intersection
5-1 with the centerline of the right-of-way of Houston Belt and
5-2 Terminal Railroad,
5-3 Thence in a northerly direction with the centerline of the
5-4 right-of-way of Houston Belt and Terminal Railroad to the point of
5-5 intersection with the centerline of the right-of-way of Commerce
5-6 Street,
5-7 Thence in a northwesterly direction following the centerline of the
5-8 right-of-way of Commerce Street to the point of intersection with
5-9 the centerline of the right-of-way of U.S. Highway 59,
5-10 Thence in a northeasterly direction with the centerline of the
5-11 right-of-way of U.S. Highway 59 to the point of intersection with
5-12 the centerline of the channel of Buffalo Bayou,
5-13 Thence in a southerly and easterly direction following the meanders
5-14 of the centerline of the channel of Buffalo Bayou to the point of
5-15 intersection with the centerline of the right-of-way of Jensen
5-16 Drive,
5-17 Thence in a northerly direction with the centerline of the
5-18 right-of-way of Jensen Drive to the point of intersection with the
5-19 centerline of the right-of-way of Clinton Drive,
5-20 Thence in an easterly and southeasterly direction with the
5-21 centerline of the right-of-way of Clinton Drive to the point of
5-22 intersection with the East line of the Harris & Wilson Survey,
5-23 Abstract No. 32, being also a point in the West line of the J.
5-24 Brown Survey, Abstract No. 8,
5-25 Thence in a northerly direction with the East line of the Harris &
5-26 Wilson Survey, Abstract No. 32, being also the West line of the J.
5-27 Brown Survey, Abstract No. 8 to the point of intersection with the
6-1 easterly projection of the centerline of the right-of-way of Market
6-2 Street,
6-3 Thence in a westerly direction with the easterly projection of the
6-4 centerline of the right-of-way of Market Street and continuing with
6-5 the centerline of the right-of-way of Market Street to the point of
6-6 intersection with the centerline of the right-of-way of Crown
6-7 Street,
6-8 Thence in a northerly direction with the centerline of the
6-9 right-of-way of Crown Street to the point of intersection with the
6-10 centerline of the right-of-way of Lyons Avenue,
6-11 Thence in an easterly direction with the centerline of the
6-12 right-of-way of Lyons Avenue to the point of intersection with the
6-13 northerly projection of the centerline of the right-of-way of
6-14 Dorsett Street,
6-15 Thence in a southerly direction with the northerly projection of
6-16 the centerline of the right-of-way of Dorsett Street and continuing
6-17 with the centerline of the right-of-way of Dorsett Street and
6-18 continuing with a southerly projection of the centerline of the
6-19 right-of-way of Dorsett Street to the point of intersection with
6-20 the centerline of the right-of-way of Market Street,
6-21 Thence in a westerly direction with the centerline of the
6-22 right-of-way of Market Street to the point of intersection with the
6-23 northerly projection of the centerline of the right-of-way of
6-24 Labco Street,
6-25 Thence in a southerly direction with the northerly projection of
6-26 the centerline of the right-of-way of Labco Street and continuing
6-27 with the centerline of the right-of-way of Labco Street to the
7-1 point of intersection with the centerline of the right-of-way of
7-2 Tilgham Street,
7-3 Thence in an easterly direction with the centerline of the
7-4 right-of-way of Tilgham Street to the point of intersection with
7-5 the northerly projection of the centerline of Dorsett Street,
7-6 Thence in a southerly direction with the northerly projection of
7-7 the centerline of the right-of-way of Dorsett Street and continuing
7-8 with the centerline of the right-of-way of Dorsett Street and
7-9 continuing with a southerly projection of the centerline of the
7-10 right-of-way of Dorsett Street to the point of intersection with
7-11 the centerline of the right-of-way of Clinton Drive,
7-12 Thence in a southeasterly direction with the centerline of the
7-13 right-of-way of Clinton Drive to the POINT of BEGINNING, SAVE AND
7-14 EXCEPT all tracts or parcels of land, rights-of-way, facilities,
7-15 and improvements owned by a utility.
7-16 Sec. 376.265. FINDINGS RELATING TO BOUNDARIES. The
7-17 boundaries and field notes of the district form a closure. If a
7-18 mistake is made in the field notes or in copying the field notes in
7-19 the legislative process, the mistake does not in any way affect
7-20 the:
7-21 (1) organization, existence, and validity of the
7-22 district;
7-23 (2) right of the district to issue any type of bonds
7-24 or refunding bonds for the purposes for which the district is
7-25 created or to pay the principal of and interest on the bonds;
7-26 (3) right of the district to impose and collect
7-27 assessments or taxes; or
8-1 (4) legality or operation of the district or its
8-2 governing body.
8-3 Sec. 376.266. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
8-4 All the land and other property included in the district will be
8-5 benefited by the improvements and services to be provided by the
8-6 district under powers conferred by Section 52, Article III, Section
8-7 59, Article XVI, and Section 52-a, Article III, Texas Constitution,
8-8 and other powers granted under this subchapter, and the district is
8-9 created to serve a public use and benefit.
8-10 (b) The creation of the district is in the public interest
8-11 and is essential to:
8-12 (1) further the public purposes of the development and
8-13 diversification of the economy of the state; and
8-14 (2) eliminate unemployment and underemployment and
8-15 develop or expand transportation and commerce.
8-16 (c) The district will:
8-17 (1) promote the health, safety, and general welfare of
8-18 residents, employers, employees, visitors, consumers in the
8-19 district, and the general public;
8-20 (2) provide needed funding for the Greater East End
8-21 area to preserve, maintain, and enhance the economic health and
8-22 vitality of the area as a community and business center;
8-23 (3) further promote the health, safety, welfare, and
8-24 enjoyment of the public by providing pedestrian ways and by
8-25 landscaping and developing certain areas in the district, which are
8-26 necessary for the restoration, preservation, and enhancement of
8-27 scenic and aesthetic beauty; and
9-1 (4) further eliminate unemployment and underemployment
9-2 and develop or expand transportation and commerce by providing or
9-3 by participating with other entities and educational institutions
9-4 in the establishment, equipping, financing, and operation of
9-5 workforce development, workforce education, and job training
9-6 opportunities.
9-7 (d) Pedestrian ways along or across a street, whether at
9-8 grade or above or below the surface, and street lighting, street
9-9 landscaping, and street art objects are parts of and necessary
9-10 components of a street and are considered to be a street or road
9-11 improvement.
9-12 (e) The district will not act as the agent or
9-13 instrumentality of any private interest even though many private
9-14 interests will be benefited by the district, as will the general
9-15 public.
9-16 Sec. 376.267. APPLICATION OF OTHER LAW. Except as otherwise
9-17 provided by this subchapter, Chapter 375 applies to the district.
9-18 Sec. 376.268. CONSTRUCTION OF SUBCHAPTER. This subchapter
9-19 shall be liberally construed in conformity with the findings and
9-20 purposes stated in this subchapter.
9-21 Sec. 376.269. BOARD OF DIRECTORS IN GENERAL. (a) The
9-22 district is governed by a board of 15 directors who serve staggered
9-23 terms of four years, with seven members' terms expiring June 1 of
9-24 an odd-numbered year and eight members' terms expiring June 1 of
9-25 the following odd-numbered year. The board may increase or
9-26 decrease the number of directors on the board by resolution,
9-27 provided that it is in the best interest of the district to do so
10-1 and that the board consists of not fewer than 9 and not more than
10-2 30 directors.
10-3 (b) Subchapter D, Chapter 375, applies to the board to the
10-4 extent that subchapter does not conflict with this subchapter. The
10-5 imposition of a tax, assessment, or impact fee requires a vote of a
10-6 majority of the directors serving. Directors may vote on any
10-7 matter authorized by Subchapter D, Chapter 375, and action may be
10-8 taken by the board only if it is approved in the manner prescribed
10-9 by Subchapter D, Chapter 375.
10-10 Sec. 376.270. APPOINTMENT OF DIRECTORS; VACANCY. The mayor
10-11 and members of the governing body of the municipality shall appoint
10-12 directors from persons recommended by the board who meet the
10-13 qualifications of Subchapter D, Chapter 375. A vacancy in the
10-14 office of director because of the death, resignation, or removal of
10-15 a director shall be filled by the remaining members of the board by
10-16 appointing a qualified person for the unexpired term.
10-17 Sec. 376.271. POWERS OF DISTRICT. The district has:
10-18 (1) all powers necessary or required to accomplish the
10-19 purposes for which the district was created;
10-20 (2) the rights, powers, privileges, authority, and
10-21 functions of a district created under Chapter 375;
10-22 (3) the powers given to a corporation under Section
10-23 4B, Development Corporation Act of 1979 (Article 5190.6, Vernon's
10-24 Texas Civil Statutes), and the power to own, operate, acquire,
10-25 construct, lease, improve, and maintain projects;
10-26 (4) the power to impose ad valorem taxes, assessments,
10-27 or impact fees in accordance with Chapter 375 to provide
11-1 improvements and services for a project or activity the district is
11-2 authorized to acquire, construct, improve, or provide under this
11-3 subchapter; and
11-4 (5) the power to correct, add to, or delete
11-5 assessments from its assessment rolls after notice and hearing as
11-6 provided by Subchapter F, Chapter 375.
11-7 Sec. 376.272. EMINENT DOMAIN. The district may not
11-8 exercise the power of eminent domain.
11-9 Sec. 376.273. EXPENSES AND LIABILITY FOR CERTAIN ACTIONS
11-10 AFFECTING PROPERTY. (a) If the district, in exercising a power
11-11 conferred by this subchapter, requires a relocation, adjustment,
11-12 raising, lowering, rerouting, or changing of the grade or the
11-13 construction of any of the following items, the district must take
11-14 that required action at the sole expense of the district:
11-15 (1) a street, alley, highway, overpass, underpass,
11-16 road, railroad track, bridge, facility, or other property;
11-17 (2) an electric line, conduit, facility, or other
11-18 property;
11-19 (3) a telephone or telegraph line, conduit, facility,
11-20 or other property;
11-21 (4) a gas transmission or distribution pipe, pipeline,
11-22 main, facility, or other property;
11-23 (5) a water, sanitary sewer, or storm sewer pipe,
11-24 pipeline, main, facility, or other property;
11-25 (6) a cable television line, cable, conduit, facility,
11-26 or other property; or
11-27 (7) another pipeline, facility, or other property
12-1 relating to the pipeline.
12-2 (b) The district shall bear damages that are suffered by
12-3 owners of the facility or other property.
12-4 Sec. 376.274. RELATION TO OTHER LAW. If any provision of
12-5 general law, including a law referenced in this subchapter, is in
12-6 conflict with or is inconsistent with this subchapter, this
12-7 subchapter prevails. Any law referenced in this subchapter that is
12-8 not in conflict or inconsistent with this subchapter is adopted and
12-9 incorporated by reference.
12-10 Sec. 376.275. REQUIREMENTS FOR FINANCING SERVICES AND
12-11 IMPROVEMENTS. The board may not finance services and improvement
12-12 projects under this subchapter unless a written petition requesting
12-13 those improvements or services has been filed with the board. The
12-14 petition must be signed by:
12-15 (1) the owners of a majority of the assessed value of
12-16 real property in the district as determined by the most recent
12-17 certified county property tax rolls; or
12-18 (2) at least 50 persons who own land in the district,
12-19 if there are more than 50 persons who own property in the district
12-20 as determined by the most recent certified county property tax
12-21 rolls.
12-22 Sec. 376.276. NONPROFIT CORPORATION. (a) The board by
12-23 resolution may authorize the creation of a nonprofit corporation to
12-24 assist and act on behalf of the district in implementing a project
12-25 or providing a service authorized by this subchapter.
12-26 (b) The board shall appoint the board of directors of a
12-27 nonprofit corporation created under this section. The board of
13-1 directors of the nonprofit corporation shall serve in the same
13-2 manner as, for the same term as, and on the conditions of the board
13-3 of directors of a local government corporation created under
13-4 Chapter 431, Transportation Code.
13-5 (c) A nonprofit corporation created under this section has
13-6 the powers of and is considered for purposes of this subchapter to
13-7 be a local government corporation created under Chapter 431,
13-8 Transportation Code.
13-9 (d) A nonprofit corporation created under this section may
13-10 implement any project and provide any services authorized by this
13-11 subchapter.
13-12 Sec. 376.277. DISBURSEMENTS OR TRANSFERS OF FUNDS. The
13-13 board by resolution shall establish the number of directors'
13-14 signatures and the procedure required for a disbursement or
13-15 transfer of the district's money.
13-16 Sec. 376.278. BONDS. (a) The district may issue bonds or
13-17 other obligations payable in whole or in part from ad valorem
13-18 taxes, assessments, impact fees, revenues, grants, or other money
13-19 of the district, or any combination of those sources of money, to
13-20 pay for any authorized purpose of the district.
13-21 (b) Bonds or other obligations of the district may be issued
13-22 in the form of bonds, notes, certificates of participation,
13-23 including other instruments evidencing a proportionate interest in
13-24 payments to be made by the district, or other obligations that are
13-25 issued in the exercise of the district's borrowing power and may be
13-26 issued in bearer or registered form or not represented by an
13-27 instrument but the transfer of which is registered on books
14-1 maintained by or on behalf of the district. The board may impose
14-2 and collect an assessment under Subchapter F, Chapter 375, for any
14-3 purpose authorized by this subchapter or by Chapter 375.
14-4 (c) Except as provided by Subsection (d), the district must
14-5 obtain the municipality's approval of:
14-6 (1) the issuance of bonds for an improvement project;
14-7 (2) the plans and specifications of the improvement
14-8 project to be financed by the bonds; and
14-9 (3) the plans and specifications of a district
14-10 improvement project related to:
14-11 (A) the use of land owned by the municipality;
14-12 (B) an easement granted by the municipality; or
14-13 (C) a right-of-way of a street, road, or
14-14 highway.
14-15 (d) If the district obtains the municipality's approval of a
14-16 capital improvements budget for a specified period not to exceed
14-17 five years, the district may finance the capital improvements and
14-18 issue bonds specified in the budget without further municipal
14-19 approval.
14-20 (e) Before the district issues bonds, the district shall
14-21 submit the bonds and the record of proceedings of the district
14-22 relating to authorization of the bonds to the attorney general for
14-23 approval as provided by Chapter 53, Acts of the 70th Legislature,
14-24 2nd Called Session, 1987 (Article 717k-8, Vernon's Texas Civil
14-25 Statutes).
14-26 Sec. 376.279. ASSESSMENTS. (a) The board may impose and
14-27 collect an assessment for any purpose authorized by this
15-1 subchapter.
15-2 (b) Assessments, reassessments, or assessments resulting
15-3 from an addition to or correction of the assessment roll by the
15-4 district, penalties and interest on an assessment or reassessment,
15-5 expenses of collection, and reasonable attorney's fees incurred by
15-6 the district:
15-7 (1) are a first and prior lien against the property
15-8 assessed;
15-9 (2) are superior to any other lien or claim other than
15-10 a lien or claim for county, school district, or municipal ad
15-11 valorem taxes; and
15-12 (3) are the personal liability of and charge against
15-13 the owners of the property even if the owners are not named in the
15-14 assessment proceedings.
15-15 (c) The lien is effective from the date of the resolution of
15-16 the board levying the assessment until the assessment is paid. The
15-17 board may enforce the lien in the same manner that the board may
15-18 enforce an ad valorem tax lien against real property.
15-19 Sec. 376.280. PROPERTY EXEMPTED FROM TAX, FEE, OR
15-20 ASSESSMENT. (a) The district may not impose a tax, impact fee, or
15-21 assessment on a residential property, multiunit residential
15-22 property, or condominium.
15-23 (b) The district may not impose an impact fee or assessment
15-24 on the property, equipment, or facilities of a utility.
15-25 Sec. 376.281. ELECTIONS. (a) In addition to the elections
15-26 the district must hold under Subchapter L, Chapter 375, the
15-27 district shall hold an election in the manner provided by that
16-1 subchapter to obtain voter approval before the district imposes a
16-2 maintenance tax or issues bonds payable from ad valorem taxes or
16-3 assessments.
16-4 (b) The board may submit multiple purposes in a single
16-5 proposition at an election.
16-6 Sec. 376.282. IMPACT FEES. The district may impose an
16-7 impact fee for an authorized purpose as provided by Subchapter G,
16-8 Chapter 375.
16-9 Sec. 376.283. MAINTENANCE TAX. (a) If authorized at an
16-10 election held in accordance with Section 376.281, the district may
16-11 impose and collect an annual ad valorem tax on taxable property in
16-12 the district for the maintenance and operation of the district and
16-13 the improvements constructed or acquired by the district or for the
16-14 provision of services.
16-15 (b) The board shall determine the tax rate.
16-16 Sec. 376.284. WORKFORCE DEVELOPMENT SERVICES AND PROJECTS.
16-17 (a) As soon as possible after its creation, the district shall
16-18 develop and implement a plan for workforce development services.
16-19 The services may include:
16-20 (1) job training;
16-21 (2) workforce education;
16-22 (3) financing of special educational opportunities;
16-23 (4) student summer work programs; or
16-24 (5) other projects that promote workforce development.
16-25 (b) The district's initial plan under Subsection (a) must
16-26 be for a period of at least five years. For the first five years
16-27 of the plan, the district shall allocate to the services listed in
17-1 Subsection (a) not less than three percent of its assessment
17-2 revenues.
17-3 (c) The district may develop and implement additional plans
17-4 under Subsection (a).
17-5 (d) To assist in implementing this section, the district
17-6 may:
17-7 (1) accept a donation, grant, or loan from any person;
17-8 (2) work with schools of all levels;
17-9 (3) work with any person that provides workforce
17-10 development funds or projects; or
17-11 (4) participate with other entities.
17-12 Sec. 376.285. DISSOLUTION OF DISTRICT. The district may be
17-13 dissolved as provided by Subchapter M, Chapter 375. If the
17-14 district has debt and is dissolved, the district shall remain in
17-15 existence solely for the limited purpose of discharging its bonds
17-16 or other obligations according to their terms.
17-17 Sec. 376.286. CONTRACTS. (a) To protect the public
17-18 interest, the district may contract with the municipality or the
17-19 county for the municipality or county to provide law enforcement
17-20 services in the district for a fee.
17-21 (b) The municipality, the county, or another political
17-22 subdivision of the state, without further authorization, may
17-23 contract with the district to implement a project of the district
17-24 or assist the district in providing the services authorized under
17-25 this subchapter. A contract under this subsection may:
17-26 (1) be for a period on which the parties agree;
17-27 (2) include terms on which the parties agree;
18-1 (3) be payable from taxes or any other sources of
18-2 revenue that may be available for that purpose; or
18-3 (4) provide that taxes or other revenue collected at a
18-4 district project or from a person using or purchasing a commodity
18-5 or service at a district project may be paid or rebated to the
18-6 district under the terms of the contract.
18-7 (c) The district may enter into a contract, lease, or other
18-8 agreement with or make or accept grants and loans to or from:
18-9 (1) the United States;
18-10 (2) the state or a state agency;
18-11 (3) a county, a municipality, or another political
18-12 subdivision of the state;
18-13 (4) a public or private corporation, including a
18-14 nonprofit corporation created by the board under this subchapter;
18-15 or
18-16 (5) any other person.
18-17 (d) The district may perform all acts necessary for the full
18-18 exercise of the powers vested in the district on terms and for the
18-19 period the board determines advisable.
18-20 Sec. 376.287. INITIAL DIRECTORS. (a) The initial board
18-21 consists of the following persons:
18-22 Pos. No. Name of Director
18-23 1 Lynn Woolley
18-24 2 Rex Moran
18-25 3 Carlos Garcia
18-26 4 Mike Garver
18-27 5 Yolanda Black Navarro
19-1 6 Harry Hartley II
19-2 7 Andrew Perez
19-3 8 Luis Galvan
19-4 9 Alan J. Atkinson
19-5 10 Jessica Hulsey
19-6 11 Cliff Dieterle
19-7 12 Dionicio Vidal Flores
19-8 13 James G. Olson
19-9 14 Cesar Navarro
19-10 15 Ed Wulfe
19-11 (b) Of the initial directors, the terms of directors
19-12 appointed for positions 1 through 7 expire on June 1, 2001, and the
19-13 terms of directors appointed for positions 8 through 15 expire on
19-14 June 1, 2003.
19-15 (c) This section expires September 1, 2004.
19-16 SECTION 2. The legislature finds that:
19-17 (1) proper and legal notice of the intention to
19-18 introduce this Act, setting forth the general substance of this
19-19 Act, has been published as provided by law, and the notice and a
19-20 copy of this Act have been furnished to all persons, agencies,
19-21 officials, or entities to which they are required to be furnished
19-22 by the constitution and laws of this state, including the governor,
19-23 who has submitted the notice and Act to the Texas Natural Resource
19-24 Conservation Commission;
19-25 (2) the Texas Natural Resource Conservation Commission
19-26 has filed its recommendations relating to this Act with the
19-27 governor, lieutenant governor, and speaker of the house of
20-1 representatives within the required time;
20-2 (3) the general law relating to consent by political
20-3 subdivisions to the creation of districts with conservation,
20-4 reclamation, and road powers and the inclusion of land in those
20-5 districts has been complied with; and
20-6 (4) all requirements of the constitution and laws of
20-7 this state and the rules and procedures of the legislature with
20-8 respect to the notice, introduction, and passage of this Act have
20-9 been fulfilled and accomplished.
20-10 SECTION 3. The importance of this legislation and the
20-11 crowded condition of the calendars in both houses create an
20-12 emergency and an imperative public necessity that the
20-13 constitutional rule requiring bills to be read on three several
20-14 days in each house be suspended, and this rule is hereby suspended,
20-15 and that this Act take effect and be in force from and after its
20-16 passage, and it is so enacted.