By Glaze H.B. No. 3647
77R6963 ATP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the Smith County Economic Development
1-3 District; providing the 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. Subtitle B, Title 12, Local Government Code, is
1-6 amended by adding Chapter 385 to read as follows:
1-7 CHAPTER 385. SMITH COUNTY ECONOMIC DEVELOPMENT DISTRICT
1-8 SUBCHAPTER A. GENERAL PROVISIONS
1-9 Sec. 385.001. CREATION OF DISTRICT; LEGISLATIVE DECLARATION.
1-10 (a) Notwithstanding any law relating to consent by political
1-11 subdivisions to the creation of conservation and reclamation
1-12 districts and the inclusion of land in those districts, the Smith
1-13 County Economic Development District is created as a special
1-14 district under Section 59, Article XVI, Texas Constitution.
1-15 (b) The district is a unit of government for purposes of
1-16 Chapter 101, Civil Practice and Remedies Code (Texas Tort Claims
1-17 Act), and operations of the district are considered to be essential
1-18 governmental functions and not proprietary functions for all
1-19 purposes, including the application of the Texas Tort Claims Act.
1-20 (c) The board by resolution may change the district's name.
1-21 (d) The creation of the district is essential to the
1-22 accomplishment of the purposes of Section 52, Article III, and
1-23 Section 59, Article XVI, Texas Constitution, and to the
1-24 accomplishment of the public purposes stated in this chapter.
2-1 (e) The district is necessary to promote, develop,
2-2 encourage, and maintain employment, commerce, economic development,
2-3 and public welfare in the Smith County Economic Development
2-4 District. The creation of the district and this chapter are not to
2-5 be interpreted to relieve Smith County or any other political
2-6 subdivision from providing the level of services as of the
2-7 effective date of this chapter, to the area included in the
2-8 district or to release the county or political subdivision from its
2-9 obligations to provide services to that area. The district is
2-10 created to supplement and not supplant such services in the area
2-11 included within the district.
2-12 (f) Except as otherwise provided by this chapter, the
2-13 district is not subject to the jurisdiction or supervision of the
2-14 commission under Chapter 49, Water Code, or other law.
2-15 Sec. 385.002. DEFINITIONS. In this chapter:
2-16 (1) "Board" means the board of directors of the
2-17 district.
2-18 (2) "Commission" means the Texas Natural Resource
2-19 Conservation Commission.
2-20 (3) "District" means the Smith County Economic
2-21 Development District.
2-22 (4) "Improvement project" means any program or project
2-23 authorized by this chapter, inside or outside the district, that is
2-24 necessary to accomplish the public purposes of the district.
2-25 Sec. 385.003. BOUNDARIES. The district includes all of the
2-26 territory contained within the tracts of land described as follows:
2-27 Tract I
3-1 72.149 acres
3-2 All that certain tract or parcel of land situated in the A. J.
3-3 Lagrone Survey, Abstract 571, the David Barclay Survey, Abstract
3-4 91, and the Isaac Read Survey, Abstract 813, Smith County, Texas,
3-5 being out of and a part of the remainder of that certain 40.05 acre
3-6 First Tract and 44.88 acre Second Tract described in a Warranty
3-7 Deed from Ann Clyde (Clinkscales) McCombs to Betty Ruth Yancy et
3-8 vir Bobby Joe Yancy, dated May 27, 1992, and recorded in Volume
3-9 3238, Page 330 of the Land Records of Smith County, Texas, and
3-10 being more particularly described by metes and bounds as follows:
3-11 BEGINNING at a 1/2" iron rod found for the southwest corner of the
3-12 herein described tract, same being the point of intersection of the
3-13 west line of said 44.88 acre tract with the north right-of-way line
3-14 of Interstate Highway 20; a concrete monument found for reference
3-15 bears South 80 26'29" East, 40.46 feet;
3-16 THENCE, North 05 38'10" East, with the west line of said 44.88 acre
3-17 tract, same being the east line of that certain 25.555 acre Tract
3-18 One described in a Warranty Deed in Cancellation of Debt from
3-19 Featherston, Inc. to Black Stone Paving, Inc. and recorded in
3-20 Volume 3684, Page 800 of said Land Records, and generally with a
3-21 barbed wire fence, a distance of 1375.02 feet to a 1/2" iron rod
3-22 set for the northeast corner of said 25.555 acre tract, same being
3-23 the northeast corner of that certain tract described in a Special
3-24 Warranty Deed to Elbert Carroll Hooper et ux Rose Marie Hooper, of
3-25 record in Volume 1336, Page 174 of the Deed Records of Smith
3-26 County, same being in the south right-of-way line of U.S. Highway
3-27 271;
4-1 THENCE, North 68 19'10" East with said south right-of-way line of
4-2 U.S. Highway 271, a distance of 54.37 feet to a concrete
4-3 right-of-way monument found for an angle point in same;
4-4 THENCE, North 68 23'11" East, continuing with said south
4-5 right-of-way line of U.S. Highway 271, a distance of 800.26 feet to
4-6 a concrete right-of-way monument found for an angle point in same;
4-7 THENCE, North 65 30'49" East, continuing with said south
4-8 right-of-way line of U.S. Highway 271, a distance of 200.18 feet to
4-9 a concrete right-of-way monument found for an angle point in same;
4-10 THENCE, North 68 21'49" East, continuing with said south
4-11 right-of-way line of U.S. Highway 271, a distance of 956.63 feet to
4-12 a 1/2" iron pipe found for the northern northeast corner of the
4-13 herein described tract, same being the point of intersection of the
4-14 northern northeast line of said 40.05 acre tract with said south
4-15 right-of-way line; a concrete right-of-way monument found for
4-16 reference bears North 68 21'49" East, 142.48 feet;
4-17 THENCE, South 19 55'00" East, a distance of 217.20 feet to a 1/2"
4-18 iron rod set for the northern interior corner of said 40.05 acre
4-19 tract;
4-20 THENCE North 84 34'00" East, a distance of 117.56 feet to a 2" iron
4-21 rod found for the southern northeast corner of the herein described
4-22 tract, same being the point of intersection of the southern
4-23 northeast line of said 40.05 acre tract with the west right-of-way
4-24 line of FM Highway 757;
4-25 THENCE, South 20 11'34" West, with said west right-of-way line of
4-26 FM Highway 757, a distance of 608.33 feet to a 1/2" iron rod set
4-27 for the point of curvature and the beginning of a curve to the left
5-1 having a radius of 2,904.79 feet;
5-2 THENCE, continuing with said West right-of-way line of FM Highway
5-3 757, and along said curve to the left having a radius of 2,904.79
5-4 feet, a central angle of 05 49'43", and a chord bearing and
5-5 distance of South 17 16'43" West, 295.38 feet, an arc length of
5-6 259.50 feet to a 1/2" iron rod set for the end of said curve and
5-7 the point of tangency;
5-8 THENCE, South 14 21'51" West, continuing with said west
5-9 right-of-way line of FM Highway 757 a distance of 549.28 feet to a
5-10 1/2" iron rod set a corner in the north right-of-way line of said
5-11 Interstate Highway 20;
5-12 THENCE, North 75 52'30" West, with said north right-of-way line of
5-13 Interstate Highway 20 a distance of 10.00 feet to a concrete
5-14 right-of-way monument found for a corner of same;
5-15 THENCE, South 14 31'05 West, continuing with said north
5-16 right-of-way line of Interstate Highway 20, a distance of 457.36
5-17 feet to a concrete right-of-way monument found for a corner of
5-18 same;
5-19 THENCE, North 75 07'02" West, continuing with said north
5-20 right-of-way line of Interstate Highway 20, a distance of 202.01
5-21 feet to a concrete right-of-way monument found for a corner of
5-22 same;
5-23 THENCE, South 62 34'10" West, continuing with said north
5-24 right-of-way line of Interstate Highway 20, a distance of 518.96
5-25 feet to a concrete right-of-way monument found for a corner of
5-26 same;
5-27 THENCE, South 87 33'33" West, continuing with said north
6-1 right-of-way line of Interstate Highway 20, a distance of 369.53
6-2 feet to a concrete right-of-way monument found for a corner of
6-3 same;
6-4 THENCE, North 80 26'29" West, continuing with said north
6-5 right-of-way line of Interstate Highway 20, at 576.73 feet pass
6-6 said concrete right-of-way monument found for reference, and
6-7 continuing in all a total distance of 617.19 feet to the POINT OF
6-8 BEGINNING and containing 72.149 acres of land.
6-9 Tract II
6-10 19.806 acres
6-11 All that certain tract or parcel of land situated in the Asa Wright
6-12 Survey, Abstract 1037, the David Barclay Survey, Abstract 91, and
6-13 the Isaac Read Survey, Abstract 813, Smith County, Texas, being out
6-14 of and a part of the remainder of that certain 25.555 acre Tract
6-15 One described in a Warranty Deed in Cancellation of Debt from
6-16 Featherston, Inc. to Black Stone Paving, Inc., dated June 1, 1995,
6-17 and recorded in Volume 3684, Page 800 of the Land Records of Smith
6-18 County, Texas, and being more particularly described by metes and
6-19 bounds as follows:
6-20 BEGINNING at a 1/2" iron rod found for the southeast corner of said
6-21 25.555 acre tract, same being in the north right-of-way line of
6-22 Interstate Highway 20; a concrete monument found for reference
6-23 bears South 80 26'29" East, 40.46 feet;
6-24 THENCE, North 66 15'00" West, with the south line of said 25.555
6-25 acre tract, same being said north right-of-way line of Interstate
6-26 Highway 20 (and the bearing basis of this survey as related to the
6-27 record bearing), a distance of 1,223.37 feet to a 1/2" iron rod
7-1 found for the southeast corner of that certain 3.000 acre tract
7-2 described in a deed to Exstar Development Inc., of record in Volume
7-3 3989, Page 568 of the Official Public Records of Smith County,
7-4 Texas, same being the southwest corner of the herein described
7-5 tract;
7-6 THENCE, North 28 35'30" East, with the southeast line of said 3000
7-7 acre tract, a distance of 395.10 feet to a 1/2" iron rod found for
7-8 a corner of same;
7-9 THENCE, North 21 30'45" West, a distance of 100.03 feet to a 1/2"
7-10 iron rod found for the northwest corner of the herein described
7-11 tract, same being in the north line of said 25.555 acre tract, same
7-12 being in the south right-of-way line of U.S. Highway 271;
7-13 THENCE, N 68 28'07" East, with the north line of said 25.555 acre
7-14 tract, same being said south right-of-way line of U.S. Highway 271,
7-15 a distance of 924.26 feet to a 1/2" iron rod found for the
7-16 northwest corner of that certain tract described in a Special
7-17 Warranty Deed to Elbert Carroll Hooper et ux Rose Marie Hooper, of
7-18 record in volume 1336, Page 174 of the Deed Records of Smith
7-19 County, Texas, same being the northern Northeast corner of the
7-20 herein described tract;
7-21 Thence South 05 27'10" West, a distance of 504.24 feet to a 1/2"
7-22 iron rod set for the southwest corner of said Hooper tract;
7-23 Thence, South 84 21'50" East, a distance of 230.40 feet to a 1/2"
7-24 iron rod set for the southeast corner of said Hooper tract, same
7-25 being the southern northeast corner of the hererin described tract;
7-26 same being in the east line of said 25.555 acre tract;
7-27 Thence, South 05 38'10" West, with the east line of said 25.555
8-1 acre tract, a distance of 750.95 feet to the POINT OF BEGINNING and
8-2 containing 19.806 acres of land.
8-3 Tract III
8-4 3.000 acres
8-5 All that certain tract or parcel of land situated in the Asa Wright
8-6 Survey, Abstract 1037, and the Isaac D. Read Survey, Abstract 813,
8-7 Smith County, Texas, being all of that certain called 2.500 acre
8-8 Tract One described in a Warranty Deed from Black Stone Paving,
8-9 Inc., to John Pollard, Jr., dated June 1, 1995, and recorded in
8-10 Volume 3684, Page 809 of the Land Records of Smith County, Texas,
8-11 and being out of and a part of the remainder of that certain 25.555
8-12 acre Tract One described in a Warranty deed in Cancellation of Debt
8-13 from Featherston, Inc. to Black Stone Paving, Inc., dated June 1,
8-14 1995, and recorded in Volume 3684, Page 800 of the Land Records of
8-15 Smith County, Texas, and being more particularly described by metes
8-16 and bounds as follows:
8-17 BEGINNING at a concrete monument found for the southwest corner of
8-18 said 2.500 acre tract, same being the point of intersection of the
8-19 north right-of-way line of Interstate Highway 20 with the southeast
8-20 right-of-way line of U.S. Highway 271;
8-21 THENCE, North 53 35'37" East, with said southeast right-of-way line
8-22 of U.S. Highway 271, a distance of 163.34 feet to a 1/2" iron rod
8-23 set for a corner of said 2.500 acre tract;
8-24 THENCE, North 72 39'34" East, continuing with said southeast
8-25 right-of-way line of U.S. Highway 271, a distance of 200.50 feet to
8-26 a 1/2" iron rod found for a corner of said 2.500 acre tract;
8-27 THENCE, North 68 28'53" East, continuing with said southeast
9-1 right-of-way line of U.S. Highway 271, a distance of 268.34 feet to
9-2 a 1/2" iron rod set for the northwest corner of said 2.500 acre
9-3 tract;
9-4 THENCE, South 21 30'45" East, a distance of 100.03 feet to a 1/2"
9-5 iron rod found for the northeast corner of said 2.500 acre tract;
9-6 Thence 28 35'30" West, a distance of 395.10 feet to a 1/2" iron rod
9-7 found for the southeast corner of the herein described tract, same
9-8 being in the south line of said 25.555 acre tract, same being in
9-9 said north right-of-way line of Interstate Highway 20;
9-10 Thence 66 15'00" West, with the South line of said 25.555 acre
9-11 tract, same being said North right-of-way line of Interstate
9-12 Highway 20 (and the bearing basis of this survey as related to the
9-13 record bearing), at 109.61 feet pass a 1/2" iron rod found for the
9-14 southeast corner of said 2.500 acre tract, and continuing in all a
9-15 total distance of 458.96 feet to the POINT OF BEGINNING and
9-16 containing 3.000 acres of land.
9-17 Tract IV
9-18 1.044 acres
9-19 All that certain tract or parcel of land situated in the A. J.
9-20 Lagrone Survey, Abstract 571, Smith County, Texas, being out of and
9-21 a part of that certain called 1.220 acre tract described in a
9-22 Warranty Deed with Vendor's Lien from J. G. Andrews to Herman L.
9-23 Stevenson et ux Dorothy Stevenson, dated December 10, 1968,
9-24 recorded in Volume 1286, Page 357 of the Deed Records of Smith
9-25 County, Texas, and being more particularly described by metes and
9-26 bounds as follows:
9-27 BEGINNING at a 1/2" iron pipe found for the northwest corner of
10-1 said 1.220 acre tract, same being in the south right-of-way line of
10-2 U.S. Highway 271;
10-3 THENCE, North 68 21'49" east, with said south right-of-way line of
10-4 U.S. Highway 271, a distance of 142.48 feet to a concrete
10-5 right-of-way monument found for an angle point in same, same being
10-6 a north corner of said 1.220 acre tract;
10-7 THENCE, South 76 09'34" East, continuing with said south
10-8 right-of-way line of U.S. Highway 271, a distance of 136.59 feet to
10-9 a concrete right-of-way monument found for a corner in the
10-10 northeast line of said 1.220 acre tract, same being in the west
10-11 right-of-way line of F.M. 757;
10-12 THENCE, South 19 10'20" West, with said west right-of-way line of
10-13 F.M. 757, a distance of 225.44 feet to a 2" iron rod found for the
10-14 southeast corner of the herein described tract, same being in the
10-15 southern northeast line of that certain 40.05 acre First Tract
10-16 described in a Warranty Deed from Ann Clyde (Clinkscales) McCombs
10-17 to Betty Ruth Yancy et vir Bobby Joe Yancy, dated May 27, 1992, and
10-18 recorded in Volume 3238, Page 330 of the Land Records of Smith
10-19 County, Texas;
10-20 THENCE, South 84 34'00" West, with said southern northeast line of
10-21 said 40.05 acre tract, a distance of 117.56 feet to a 1/2" iron rod
10-22 set for the northern interior corner of same;
10-23 THENCE, North 19 55'00" West, with the northern northeast line of
10-24 said 40.05 acre tract, a distance of 217.20 feet to the POINT OF
10-25 BEGINNING and containing 1.044 acres of land.
10-26 Tract V
10-27 10.394 acres
11-1 All of that certain parcel or tract of land located in the David
11-2 Barclay Survey, Abstract No. 91 and the Aston Shafner Survey,
11-3 Abstract No. 868, Smith County, Texas, and being part of that
11-4 certain 26.9 acre tract conveyed to James T. Kyles by Gerald W.
11-5 Kyles on October 13, 1964, and recorded in Volume 1133, Page 19 of
11-6 the Deed Records of Smith County, Texas, and being more completely
11-7 described as follows, to-wit:
11-8 BEGINNING at a 1/2" iron rod for corner, being at the intersection
11-9 of the East line of the above mentioned 26.9 acre tract and the
11-10 North right-of-way line of Interstate Highway 20;
11-11 THENCE in a Northwesterly direction, with the North right-of-way
11-12 line of the said Interstate Highway 20, as follows: North 87 29'
11-13 West 93.87 feet to a right-of-way monument; North 64 11' West
11-14 380.79 feet to a right-of-way monument; North 40 30' West 368.61
11-15 feet to a right-of-way monument; and North 73 44' West at 57.49
11-16 feet to a right-of-way monument;
11-17 THENCE North 14 39' East, a distance of 375.74 feet to a 1/2" iron
11-18 rod for corner, being at the intersection of the East right-of-way
11-19 line of FM Highway 757 and the South right-of-way line of FM
11-20 Highway No. 1252;
11-21 THENCE in an Easterly Direction, with the South right-of-way line
11-22 of FM Highway No. 1252 as follows: South 75 44' East 50.51 feet;
11-23 South 81 18' East 138.22 feet; South 88 34' East 120.49 feet;
11-24 North 84 12' East 118.61 feet; North 76 26' East 121.38 feet; and
11-25 North 71 37' East 107.38 feet to a 1" iron rod for corner, being
11-26 in the East line of the above mentioned 26.9 acre tract;
11-27 THENCE South 00 31' West, with the East line of the 26.9 acre
12-1 tract, a distance of 867.87 feet to the place of beginning,
12-2 containing 10.394 acres of land.
12-3 Tract VI
12-4 3.226 acres
12-5 All of that certain parcel or tract of land located in the David
12-6 Barclay Survey, Abstract No. 91 and the Aston Shafner Survey,
12-7 Abstract No. 868, Smith County, Texas, and being part of that
12-8 certain 26.9 acre tract conveyed to James T. Kyles by Gerald W.
12-9 Kyles on October 13, 1964, and recorded in Volume 1133, Page 19 of
12-10 the Deed Records of Smith County, Texas, and being more completely
12-11 described as follows, to-wit:
12-12 BEGINNING at a 1/2" iron rod for corner, being at the intersection
12-13 of the East line of the above mentioned 26.9 acre tract and the
12-14 South right-of-way line of Interstate Highway 20;
12-15 THENCE South 00 31' West, with the East line of the 26.9 acre
12-16 tract, a distance of 358.82 feet to a strap iron for corner, being
12-17 the southeast corner of the 26.9 acre tract;
12-18 Thence North 89 30' West, with the South line of the 26.9 acre
12-19 tract, a distance of 314.60 feet to a 1/2" iron rod for corner,
12-20 being in the center of a creek, also being the Southerly Southwest
12-21 corner of the 26.9 acre tract;
12-22 THENCE North 30 37' West, with the center of said creek, a
12-23 distance of 252.78 feet to a point for corner in the center of said
12-24 creek;
12-25 THENCE North 45 51' West, a distance of 52.88 feet to a 1/2" iron
12-26 rod for corner; said corner being in the South right-of-way line of
12-27 Interstate Highway 20;
13-1 THENCE North 63 42' East, with the South line of said Interstate
13-2 Highway 20, a distance of 254.85 feet to a right of way monument;
13-3 THENCE South 87 29' East, continuing with the South right-of-way
13-4 line of said Interstate Highway 20, a distance of 256.27 feet to
13-5 the place of beginning, containing 3.226 acres of land.
13-6 Tract VII
13-7 2.996 acres
13-8 All that certain tract or parcel of land situated in the Isaac D.
13-9 Read Survey, Abstract 813, and the David Barclay Survey, Abstract
13-10 91, Smith County, Texas, being all of that certain tract described
13-11 in a Special Warranty Deed to Elbert Carroll Hooper et ux Rose
13-12 Marie Hooper, of record in Volume 1336, Page 174 of the Deed
13-13 Records of Smith County, Texas, and being more particularly
13-14 described by metes and bounds as follows:
13-15 BEGINNING at a 1/2" iron rod found for the northwest corner of said
13-16 Hooper tract, same being in the South right-of-way line of U.S.
13-17 Highway 271;
13-18 THENCE, North 68 19'10" East, with said South right-of-way line of
13-19 U.S. Highway 271, a distance of 261.13 feet to a 1/2" iron rod set
13-20 for the northeast corner of said Hooper tract;
13-21 THENCE, South 05 38'10" West, a distance of 624.07 feet to a 1/2"
13-22 iron rod set for the southeast corner of said Hooper tract;
13-23 THENCE, North 84 21'50" West, a distance of 230.40 feet to a 1/2"
13-24 iron rod set for the southwest corner of said Hooper tract;
13-25 THENCE, North 05 27'10" East, with the West line of said Hooper
13-26 tract, a distance of 504.24 feet to the POINT OF BEGINNING and
13-27 containing 2.996 acres of land.
14-1 Tract VIII
14-2 16.130 acres
14-3 All that certain tract or parcel of land, being 16.130 acres
14-4 situated in the Acton Shofner Survey, Abstract No. 868, Smith
14-5 County, Texas, being part of that certain called 26.93 acre tract
14-6 described in a Quitclaim Deed from James O. Kay to Buryl C. Kay,
14-7 dated July 24, 1996, recorded in Volume 3840, Page 474 of the Land
14-8 Records of Smith County, Texas, said 16.130 acres being more
14-9 completely described as follows, to-wit:
14-10 Bearings are based on the monumented East line of tracts one and
14-11 two described in a deed to Jay T. Gordon et al, recorded in Volume
14-12 4723, Page 277.
14-13 BEGINNING at the Northwest corner of the above mentioned Buryl C.
14-14 Kay tract, being near the center of the paved surface of FM Highway
14-15 1252 (also known as the Tyler-Thunderstruck Road), a 1" iron rod
14-16 (found for a reference) bears South 00 31'00" West, 42.06 feet,
14-17 said 1" iron rod being the Northeast corner of the Jay T. Gordon et
14-18 al Tract One (called 10.394 acres) recorded in Volume 4723, Page
14-19 277;
14-20 THENCE North 71 11'57" East, generally along the center of the
14-21 paved surface of said FM Highway 1252 and with the North line of
14-22 said Kay tract, a distance of 720.51 feet to the Northeast corner
14-23 of same, a Sucker rod (found for reference) bears South 00 55'54"
14-24 West, 42.74 feet, said Sucker rod being the Northwest corner of the
14-25 CBLS Family Trust called 1.952 acre tract recorded in Volume 3985,
14-26 Page 161;
14-27 THENCE South 00 55'54" West, with the East line of said Kay tract,
15-1 with the West line of said CBLS Family Trust Tract, with the West
15-2 Line of the Randall L. McIntyre, et ux, called 16.1013 acre tract
15-3 recorded in Volume 3500, Page 531 and with the West line of the
15-4 American Fidelity Savings Association called 0.786 of an acre
15-5 recorded in Volume 2893, Page 433, a total distance of 1171.51 feet
15-6 to a 1" iron pipe (found) for the Southwest corner of said 0.786 of
15-7 an acre tract, being in the North line of Interstate Highway 20;
15-8 THENCE North 87 28'34" West with the North line of said Interstate
15-9 Highway 20, a distance of 671.86 feet to a 1/2" iron rod (found) in
15-10 the West line of the above mentioned Buryl C. Kay tract, being the
15-11 Southeast corner of the above mentioned Jay T. Gordon et al Tract
15-12 One;
15-13 THENCE North 00 31'00" East, with the West line of the Kay tract,
15-14 same being the East line of said Jay T. Gordon, et al, tract, a
15-15 distance of 909.60 feet to THE PLACE OF BEGINNING, containing
15-16 16.130 acres of land, of which, 0.88 of an acre is within the
15-17 right-of-way of the above mentioned FM Highway 1252.
15-18 Sec. 385.004. FINDINGS RELATED TO BOUNDARIES. The
15-19 legislature finds that the boundaries and field notes of the
15-20 district form a closure. A mistake in the field notes or in copying
15-21 the field notes in the legislative process does not affect the
15-22 organization, existence, or validity of the district, the right of
15-23 the district to enter into any type of contract for the purposes
15-24 for which the district is created, the right of the district to
15-25 impose, assess, or collect taxes, fees, or charges, or the
15-26 operation of the district or its governing body.
15-27 Sec. 385.005. FINDING OF BENEFIT AND PUBLIC PURPOSE. (a)
16-1 All of the land and other property included within the boundaries
16-2 of the district will be benefited by the works, projects,
16-3 improvements, and services that are to be accomplished by the
16-4 district under powers conferred by Section 52, Article III, and
16-5 Section 59, Article XVI, Texas Constitution, and other powers
16-6 granted under this chapter. The district is created to serve a
16-7 public use and benefit.
16-8 (b) The creation of the district:
16-9 (1) is essential to further the public purposes of the
16-10 economic development and diversification of the state, the
16-11 elimination of unemployment and underemployment, and the
16-12 stimulation and development of transportation and commerce;
16-13 (2) is in the public interest; and
16-14 (3) will promote the health, safety, and general
16-15 welfare of residents, employers, employees, and consumers in the
16-16 district and of the general public.
16-17 (c) The district will provide needed funding for the
16-18 district area to preserve, maintain, and enhance the economic
16-19 health and vitality of the area as a community and business and
16-20 commerce center. The district will further promote the health,
16-21 safety, welfare, education, convenience, and enjoyment of the
16-22 public by improving, landscaping, and developing certain areas
16-23 within and adjacent to the district and providing public services
16-24 and facilities within and adjacent to the district that are
16-25 necessary for the restoration, preservation, enhancement, and
16-26 enjoyment of scenic and aesthetic beauty. The improvement projects
16-27 authorized by this Act are essential to carrying out a public
17-1 purpose. The district will not act as the agent or instrumentality
17-2 of any private interests, even though private interests and the
17-3 general public will benefit from the district.
17-4 Sec. 385.006. CONSTRUCTION OF CHAPTER. This chapter shall
17-5 be liberally construed in conformity with the findings and purposes
17-6 stated in this chapter.
17-7 (Sections 385.007-385.030 reserved for expansion
17-8 SUBCHAPTER B. POWERS AND DUTIES
17-9 Sec. 385.031. GENERAL POWERS AND DUTIES. (a) The district
17-10 has all of the powers and duties provided by the general law of
17-11 this state, including:
17-12 (1) Subchapter E, Chapter 375;
17-13 (2) the general laws of this state on conservation and
17-14 reclamation districts created under Section 59, Article XVI, Texas
17-15 Constitution, including Chapters 49 and 54, Water Code; and
17-16 (3) the general laws of this state on road districts
17-17 and road utility districts created under Section 52(b)(3), Article
17-18 III, Texas Constitution, including Chapter 441, Transportation
17-19 Code.
17-20 (b) If any provision of the general law is in conflict or
17-21 inconsistent with this chapter, this chapter prevails. Any general
17-22 law that supplements the power and authority of the district, to
17-23 the extent not in conflict or inconsistent with this chapter, is
17-24 adopted and incorporated by reference.
17-25 Sec. 385.032. IMPROVEMENT PROJECTS. The district may
17-26 conduct or authorize the following types of improvement projects or
17-27 activities in support of or incidental to improvement projects:
18-1 (1) the planning, design, construction, improvement,
18-2 and maintenance of:
18-3 (A) landscaping;
18-4 (B) highway right-of-way or transit corridor
18-5 beautification and improvements;
18-6 (C) lighting, banners, and signs;
18-7 (D) streets or sidewalks;
18-8 (E) hiking and cycling paths and trails,
18-9 pedestrian walkways, skywalks, crosswalks, or tunnels;
18-10 (F) parks, lakes, gardens, recreational
18-11 facilities, open space, scenic areas, and related exhibits and
18-12 preserves;
18-13 (G) fountains, plazas, and pedestrian malls; and
18-14 (H) drainage or storm water detention
18-15 improvements;
18-16 (2) the planning, design, construction, improvement,
18-17 maintenance, and operation of:
18-18 (A) solid waste, water, sewer, or power
18-19 facilities or services, including electrical, gas, steam, and
18-20 chilled water facilities; or
18-21 (B) off-street parking facilities, bus
18-22 terminals, and heliports;
18-23 (3) the planning and acquisition of:
18-24 (A) public art and sculpture and related
18-25 exhibits and facilities; and
18-26 (B) educational and cultural exhibits and
18-27 facilities;
19-1 (4) the planning, design, construction, acquisition,
19-2 lease, rental, improvement, maintenance, installation, and
19-3 management of and provision of furnishings for facilities for:
19-4 (A) conferences, conventions, or exhibitions;
19-5 (B) manufacturer, consumer, or trade shows;
19-6 (C) civic, community, or institutional events;
19-7 and
19-8 (D) exhibits, displays, attractions, special
19-9 events, and seasonal or cultural celebrations and holidays;
19-10 (5) the removal, razing, demolition, or clearing of
19-11 land or improvements in connection with any improvement project;
19-12 (6) the acquisition and improvement of land and other
19-13 property for the mitigation of the environmental effects of any
19-14 improvement project;
19-15 (7) the acquisition of real or personal property or an
19-16 interest in real or personal property in connection with an
19-17 authorized improvement project;
19-18 (8) any special or supplemental services for the
19-19 improvement and promotion of the district or the areas adjacent to
19-20 the district or for the protection of public health and safety
19-21 within or adjacent to the district, including advertising,
19-22 promotion, tourism, health and sanitation, public safety, security,
19-23 fire protection or emergency medical services, business
19-24 recruitment, development, elimination of traffic congestion, and
19-25 recreational, educational, or cultural improvements, enhancements,
19-26 and services; and
19-27 (9) any similar public improvements, facilities, or
20-1 services.
20-2 Sec. 385.033. POWERS RELATED GENERALLY TO FINANCIAL AND
20-3 TERRITORIAL MATTERS. The district may:
20-4 (1) impose, assess, and apply the proceeds from a
20-5 limited sales and use tax as authorized by Section 385.111 for
20-6 authorized purposes;
20-7 (2) borrow money for district purposes;
20-8 (3) add or exclude territory in the manner provided by
20-9 Subchapter J, Chapter 49, Water Code, as limited by Section 54.016,
20-10 Water Code, except that:
20-11 (A) for purposes of this subdivision, a
20-12 reference in Subchapter J, Chapter 49, Water Code, or Section
20-13 54.016, Water Code, to a tax means an ad valorem tax; and
20-14 (B) Section 54.016, Water Code, and Section
20-15 42.042, Local Government Code, do not apply to the district's
20-16 annexation of land restricted primarily to commercial or business
20-17 use;
20-18 (4) enter into a contract with any person for the
20-19 accomplishment of any district purpose, including a contract for:
20-20 (A) the payment, repayment, or reimbursement of
20-21 any costs incurred by that person for or on behalf of the district,
20-22 including all or part of the costs of any improvement project and
20-23 interest on the reimbursed cost; or
20-24 (B) the use, occupancy, lease, rental,
20-25 operation, maintenance, or management of all or part of a proposed
20-26 or existing improvement project;
20-27 (5) apply for and contract with any person to receive,
21-1 administer, and perform any duty or obligation of the district
21-2 under any federal, state, local, or private gift, grant, loan,
21-3 conveyance, transfer, bequest, donation, or other financial
21-4 assistance arrangement relating to the investigation, planning,
21-5 analysis, study, design, acquisition, construction, improvement,
21-6 completion, implementation, or operation by the district or others
21-7 of a proposed or existing improvement project;
21-8 (6) establish, revise, repeal, enforce, collect, and
21-9 apply the proceeds from user fees or charges for the enjoyment,
21-10 sale, rental, or other use of the district's facilities, services,
21-11 properties, or improvement projects;
21-12 (7) provide or secure the payment or repayment of the
21-13 costs and expenses of the establishment, administration, and
21-14 operation of the district and the district's costs or share of the
21-15 costs of any improvement project or district contractual obligation
21-16 or indebtedness by or through a lease, installment purchase
21-17 contract, or other agreement with any person, or the levy and
21-18 assessment of taxes, user fees, concessions, rentals, or other
21-19 revenues or resources of the district;
21-20 (8) undertake separately or jointly with other persons
21-21 all or part of the cost of an improvement project, including an
21-22 improvement project:
21-23 (A) for improving, enhancing, and supporting
21-24 public safety and security, fire protection and emergency medical
21-25 services, and law enforcement within and adjacent to the district;
21-26 or
21-27 (B) that confers a general benefit on the entire
22-1 district or a special benefit on a definable part of the district;
22-2 and
22-3 (9) impose, collect, and apply the proceeds from a
22-4 hotel occupancy tax as provided by Sections 385.112 and 385.113.
22-5 Sec. 385.034. RULES AND REGULATIONS. The district may
22-6 adopt, amend, and enforce by ordinary civil remedies reasonable
22-7 rules and regulations:
22-8 (1) for the administration and operation of the
22-9 district;
22-10 (2) for the use, enjoyment, availability, protection,
22-11 security, and maintenance of the district's properties and
22-12 facilities; and
22-13 (3) to provide for public safety and security within
22-14 the district.
22-15 Sec. 385.035. SECURITY SERVICES. The district may not
22-16 employ peace officers but may contract for off-duty peace officers
22-17 to provide public safety and security services as the board
22-18 determines necessary.
22-19 Sec. 385.036. ECONOMIC DEVELOPMENT. The district may
22-20 exercise the economic development powers and authority that Chapter
22-21 380 provides to a municipality with a population of more than
22-22 100,000, and Chapter 1509, Government Code, provides to a
22-23 municipality.
22-24 Sec. 385.037. ROADWAYS, PARKS, OTHER PUBLIC AREAS. (a) The
22-25 board by rule may regulate the private use of public roadways, open
22-26 spaces, parks, sidewalks, and similar public areas within the
22-27 district. To the extent the rules of the district conflict with a
23-1 rule, order, ordinance, or regulation of a county or municipality
23-2 with jurisdiction in the district's territory, the rule, order,
23-3 ordinance, or regulation of the county or municipality controls.
23-4 The rules may provide for the safe and orderly use of public
23-5 roadways, open spaces, parks, sidewalks, and similar public areas
23-6 or facilities.
23-7 (b) The board may require a permit for a parade,
23-8 demonstration, celebration, entertainment event, or a similar
23-9 nongovernmental activity in or on the public roadways, open spaces,
23-10 parks, sidewalks, and similar public areas or facilities. The board
23-11 may charge a fee for the permit application and for public safety
23-12 or security services in an amount the board considers necessary.
23-13 (c) The board may require a permit or franchise agreement
23-14 with a vendor, concessionaire, exhibitor, or similar private or
23-15 commercial person or organization for the limited use of the area
23-16 or facilities on terms and conditions and on payment of a permit or
23-17 franchise fee the board may impose.
23-18 Sec. 385.038. TERMS OF EMPLOYMENT; COMPENSATION. The board
23-19 may employ and establish the terms of employment and compensation
23-20 of a president, vice president, executive director, general
23-21 manager, and any other operating officer of the district the board
23-22 considers necessary.
23-23 Sec. 385.039. PROHIBITION ON EMINENT DOMAIN. The district
23-24 may not exercise the power of eminent domain.
23-25 Sec. 385.040. PROHIBITION ON IMPACT FEES AND ASSESSMENTS ON
23-26 CERTAIN RESIDENTIAL PROPERTY. Because the district is created in
23-27 an area that is devoted primarily to commercial and business
24-1 activity, the district may not impose an impact fee or assessment
24-2 on a single family residential property or a residential duplex,
24-3 triplex, quadriplex, or condominium.
24-4 (Sections 385.041-385.070 reserved for expansion
24-5 SUBCHAPTER C. BOARD OF DIRECTORS
24-6 Sec. 385.071. BOARD OF DIRECTORS. Except as provided by
24-7 this subchapter, the district is governed by a board of five
24-8 directors elected by the voters of the district at large. Except
24-9 as provided by Sections 385.073(b) and 385.074, directors serve
24-10 staggered terms of four years and until their successors have been
24-11 elected and have qualified.
24-12 Sec. 385.072. QUALIFICATIONS. To be qualified to serve as
24-13 an elected director, a person must be at least 18 years of age and
24-14 be:
24-15 (1) a resident of the district;
24-16 (2) an owner of real property in the district;
24-17 (3) an owner of at least 10 percent of the outstanding
24-18 interest of a corporation or general or limited partnership that
24-19 owns real property in the district; or
24-20 (4) an agent, employee, officer, or director of any
24-21 corporation or partnership that owns real property in the district.
24-22 Sec. 385.073. INITIAL BOARD. (a) On the effective date of
24-23 this Act, the initial board of directors is composed of the
24-24 following persons:
24-25 (1) Position One: Nanci Wright;
24-26 (2) Position Two: Gene Slater; and
24-27 (3) Position Three: Rohn Boone.
25-1 (b) The initial directors appointed to serve in Positions
25-2 One and Two shall serve until the first Saturday in May 2002, or
25-3 until their successors have been elected and been duly qualified.
25-4 The initial director appointed to serve in Position Three shall
25-5 serve until the first Saturday in May 2004, or until the successor
25-6 has been elected and been duly qualified.
25-7 Sec. 385.074. ELECTED BOARD. The board shall call and hold
25-8 an election on the first Saturday in May 2002 for the election of
25-9 directors to fill Positions One, Two, Four, and Five. Before the
25-10 election, the board shall determine which director, of the
25-11 directors serving in Positions Four and Five, shall serve a term
25-12 expiring in May 2004. The board shall call and hold an election on
25-13 the first Saturday in May 2004 to elect a director to Position
25-14 Three and elect a director to Position Four or Five, as determined
25-15 by the board.
25-16 Sec. 385.075. VACANCY. A vacancy in the office of director
25-17 shall be filled by appointment of a qualified individual by a
25-18 majority vote of the remaining directors. The board may remove a
25-19 director for misconduct or failure to carry out the director's
25-20 duties by unanimous vote of all of the remaining directors.
25-21 Sec. 385.076. DIRECTOR'S BOND. As soon as practicable after
25-22 a director is elected or appointed, the elected director shall
25-23 execute a bond for $10,000 payable to the district and conditioned
25-24 on the faithful performance of the director's duties. All of the
25-25 directors' bonds must be approved by the board. Each director
25-26 shall take the oath of office prescribed by the constitution for
25-27 public office. The bond and oath shall be filed with the district
26-1 and the district shall retain the bond and oath in its records.
26-2 Sec. 385.077. OFFICERS; COMPENSATION; QUORUM. (a) The
26-3 directors shall elect a chair, a vice chair, a secretary, and any
26-4 other officers as the board considers necessary.
26-5 (b) A position on the board may not be construed to be a
26-6 civil office of emolument for any purpose, including those purposes
26-7 described in Section 40, Article XVI, Texas Constitution.
26-8 (c) A director is not entitled to compensation for service
26-9 on the board but is entitled to be reimbursed for necessary
26-10 expenses incurred in carrying out the duties and responsibilities
26-11 of a director.
26-12 (d) Three directors constitute a quorum for the
26-13 consideration of matters pertaining to the district, and a
26-14 concurrence of a majority of a quorum of directors shall be
26-15 required for any official action of the district.
26-16 Sec. 385.078. COMMON LAW PRINCIPLES. A person who qualifies
26-17 to serve on the board is qualified to serve as a director and
26-18 participate in all votes pertaining to the business of the district
26-19 regardless of any common-law doctrine or statute regarding
26-20 conflict-of-interest, incompatibility, or similar matter to the
26-21 contrary.
26-22 Sec. 385.079. CONFIRMATION AND DIRECTORS ELECTION. (a) As
26-23 soon as practicable after all initial directors have qualified for
26-24 office, the initial directors shall hold an organizational meeting
26-25 and call a confirmation election to be held on the next available
26-26 uniform election date occurring not less than 45 days after the
26-27 date of the organizational meeting.
27-1 (b) The confirmation election shall be called and held to
27-2 confirm the establishment of the district in the manner provided by
27-3 Subchapter D, Chapter 49, Water Code. In the event a majority of
27-4 the votes cast at a confirmation election is against the creation
27-5 of the district, the board may not call another confirmation
27-6 election for six months after the date the former confirmation
27-7 election is held. Before a successful confirmation election, the
27-8 district:
27-9 (1) may not borrow money or impose or assess a tax;
27-10 and
27-11 (2) may carry on any business as the board may
27-12 determine except as provided by Subdivision (1).
27-13 (c) An election to authorize or to discontinue the
27-14 imposition and assessment of taxes may be held in conjunction with
27-15 a confirmation or director election.
27-16 (d) The district shall hold an election for directors on the
27-17 first Saturday in May in each even-numbered year in the manner
27-18 provided by Subchapter D, Chapter 49, Water Code.
27-19 Sec. 385.080. OPEN RECORDS AND MEETINGS. Chapters 551 and
27-20 552, Government Code, apply to the district.
27-21 (Sections 385.081-385.110 reserved for expansion
27-22 SUBCHAPTER D. TAXES; BONDS; CONTRACTS
27-23 Sec. 385.111. LIMITED SALES AND USE TAX. (a) Words and
27-24 phrases used in this section that are defined by Chapters 151 and
27-25 321, Tax Code, have the meanings assigned by Chapters 151 and 321,
27-26 Tax Code.
27-27 (b) Except as otherwise provided in this section, Subtitles
28-1 A and B, Title 2, Tax Code, and Chapter 151, Tax Code, apply to the
28-2 taxes and to the administration and enforcement of the taxes
28-3 imposed by the district in the same manner that those laws apply to
28-4 state taxes.
28-5 (c) The district may adopt, reduce, or repeal the limited
28-6 sales and use tax authorized by this section at an election in
28-7 which a majority of the qualified voters of the district voting in
28-8 the election approve the adoption or the abolition of the tax, as
28-9 applicable.
28-10 (d) The provisions of Subchapters C, D, E, and F, Chapter
28-11 323, Tax Code, relating to county sales and use taxes shall apply
28-12 to the application, collection, and administration of a sales and
28-13 use tax imposed under this section to the extent consistent with
28-14 this chapter, as if references in Chapter 323, Tax Code, to a
28-15 county referred to the district and references to a commissioners
28-16 court referred to the board. Sections 323.401-323.404 and 323.505,
28-17 Tax Code, do not apply to a tax imposed under this section.
28-18 (e) A tax imposed under this section or the repeal or
28-19 reduction of a tax under this section takes effect on the first day
28-20 of the calendar quarter occurring after the date on which the
28-21 comptroller receives the copy of the resolution as required by
28-22 Section 323.405(b), Tax Code.
28-23 (f) On adoption of the tax authorized by this section, there
28-24 is imposed a tax of two percent, or the maximum rate at which the
28-25 combined tax rate of all local sales and use taxes in any location
28-26 in the district does not exceed two percent, on the receipts from
28-27 the sale at retail of taxable items within the district, and an
29-1 excise tax on the use, storage, or other consumption within the
29-2 district of taxable items purchased, leased, or rented from a
29-3 retailer within the district during the period that the tax is in
29-4 effect. The rate of the excise tax is the same as the rate of the
29-5 sales tax portion of the tax and is applied to the sales price of
29-6 the taxable item. With respect to a taxable service, "use" means
29-7 the derivation in the district of direct or indirect benefit from
29-8 the service.
29-9 (g) An election to authorize, reduce, or repeal a limited
29-10 sales and use tax may be called by order of the board and must be
29-11 held on the next available uniform election date established by
29-12 Section 41.001, Election Code, that occurs 45 or more days after
29-13 the date on which the order calling the election was passed. Notice
29-14 of the election shall be given and the election shall be held and
29-15 conducted in the manner prescribed by Chapter 54, Water Code, for
29-16 bond elections for municipal utility districts. The ballots shall
29-17 be printed to provide for voting for or against the appropriate
29-18 proposition:
29-19 (1) "Adoption of a ___ percent district sales and use
29-20 tax within the district;"
29-21 (2) "Reduction of the district sales and use tax
29-22 within the district from ___ percent to ___ percent;" or
29-23 (3) "Abolition of the district sales and use tax
29-24 within the district."
29-25 (h) If all or part of the territory of the district is
29-26 annexed by a municipality that has adopted and is imposing a sales
29-27 and use tax, the sales and use tax imposed by the district in the
30-1 annexed territory shall be reduced, if required, in even multiples
30-2 of one-eighth percent, and without the necessity for an election,
30-3 so that the combined rate of all sales and use taxes imposed by the
30-4 county, the annexing municipality, and all other political
30-5 subdivisions within the annexed territory of the district will not
30-6 exceed two percent, provided that a sales and use tax previously
30-7 adopted by the district for the annexed territory shall not be
30-8 reduced to less than one-half percent, and provided further that no
30-9 reduction of the district's sales and use tax in the portions of
30-10 the district not so annexed shall be required.
30-11 (i) A tax imposed under this section or the reduction or
30-12 repeal of a tax under this section takes effect on the first day of
30-13 the calendar quarter occurring after the date on which the
30-14 comptroller receives the notice required by Section 323.405(b), Tax
30-15 Code.
30-16 (j) Not later than the 10th day after the date of the
30-17 annexation or exclusion of territory by the district or the
30-18 annexation of all or part of the territory of the district by a
30-19 municipality requiring a reduction of the district's sales and use
30-20 tax as provided by Subsection (h), the board shall send to the
30-21 comptroller, by certified or registered mail, certified copies of
30-22 all resolutions, orders, or ordinances pertaining to the annexation
30-23 or exclusion of the territory by a district or municipality.
30-24 (k) The district may examine and receive information related
30-25 to the imposition, assessment, and collection of sales and use
30-26 taxes to the same extent as if the district were a municipality.
30-27 Sec. 385.112. HOTEL OCCUPANCY TAX. (a) In this section,
31-1 "hotel" has the meaning assigned by Section 156.001, Tax Code.
31-2 (b) The board by order may impose, repeal, or increase or
31-3 decrease the rate of a tax on a person who, under a lease,
31-4 concession, permit, right of access, license, contract, or
31-5 agreement, pays for the use or possession or for the right to use
31-6 or possess a room that is in a hotel located in the boundaries of
31-7 the district, costs $2 or more each day, and is ordinarily used for
31-8 sleeping. The amount of the tax may not exceed seven percent of the
31-9 price paid for a room in a hotel.
31-10 (c) Subchapter A, Chapter 352, Tax Code, governs a hotel
31-11 occupancy tax authorized under this section, including the
31-12 collection of the tax, except as inconsistent with this section and
31-13 Section 385.113, subject to the limitations prescribed by Sections
31-14 352.002(b) and (c), Tax Code.
31-15 (d) The district may examine and receive information related
31-16 to the imposition, assessment, and collection of hotel occupancy
31-17 taxes to the same extent as if the district were a municipality.
31-18 (e) For purposes of this section, a reference in Subchapter
31-19 A, Chapter 352, Tax Code, to a county is a reference to the
31-20 district and a reference in Subchapter A, Chapter 352, Tax Code, to
31-21 the county's officers or governing body is a reference to the
31-22 board.
31-23 Sec. 385.113. USE OF HOTEL OCCUPANCY TAX. (a) The district
31-24 shall apply the proceeds from a hotel occupancy tax imposed under
31-25 Section 385.112 for any of the district's purposes and for the
31-26 purposes described by Section 352.1015, Tax Code, to the extent
31-27 considered appropriate by the board.
32-1 (b) During each interval of three calendar years following
32-2 the date on which a hotel occupancy tax imposed under Section
32-3 385.112 is initially collected, the board may not apply an annual
32-4 average of more than 10 percent of the amount of tax collected
32-5 under that section, excluding any interest earnings or investment
32-6 profits and after a deduction for the costs of imposing and
32-7 collecting the taxes, for the administrative expenses of the
32-8 district or a district purpose other than:
32-9 (1) the costs of advertising and promoting tourism; or
32-10 (2) the costs of business development and commerce,
32-11 including the costs of planning, designing, constructing,
32-12 acquiring, leasing, financing, owning, operating, maintaining,
32-13 managing, improving, repairing, rehabilitating, or reconstructing
32-14 improvement projects for conferences, conventions, and exhibitions,
32-15 manufacturer, consumer, or trade shows, and civic, community, or
32-16 institutional events.
32-17 (c) For purposes of this section, a reference in Subchapter
32-18 B, Chapter 352, Tax Code, to a county is a reference to the
32-19 district and a reference in Subchapter B, Chapter 352, Tax Code, to
32-20 the county's officers or governing body is a reference to the
32-21 board.
32-22 Sec. 385.114. BONDS. (a) The district may issue bonds in
32-23 the manner provided by Subchapter J, Chapter 375. Sections 375.207
32-24 and 375.208 do not apply to bonds issued under this section.
32-25 (b) If the district issues bonds for the primary purpose of
32-26 providing water, sewage, or drainage facilities, the district must
32-27 obtain the commission's approval in the manner provided by Section
33-1 49.181, Water Code.
33-2 (c) In addition to the sources of money described by
33-3 Subchapter J, Chapter 375, the bonds of the district may be secured
33-4 and made payable, wholly or partly, by a pledge of any part of the
33-5 net proceeds the district receives from the sales and use tax
33-6 authorized by Section 385.111 and the hotel occupancy tax
33-7 authorized by Section 385.112.
33-8 Sec. 385.115. CONTRACTS WITH DISTRICT. (a) A contract the
33-9 district enters into to carry out a purpose of this chapter may be
33-10 on any terms and for any period of time as the board may determine.
33-11 (b) Notwithstanding any other law or charter provision, a
33-12 state agency, municipality, county, other political subdivision,
33-13 corporation, individual, or other entity may contract with the
33-14 district to carry out the purposes of this chapter without any
33-15 further authorization.
33-16 (Sections 385.116-385.130 reserved for expansion
33-17 SUBCHAPTER E. DISSOLUTION
33-18 Sec. 385.131. DISSOLUTION. The board by majority vote may
33-19 dissolve the district at any time. The board shall dissolve the
33-20 district on written petition of the owners of 75 percent of the
33-21 acreage of real property in the district.
33-22 Sec. 385.132. INDEBTEDNESS AND CONTRACTUAL OBLIGATIONS. The
33-23 board may not dissolve the district until the district's
33-24 outstanding indebtedness or contractual obligations have been
33-25 repaid or discharged.
33-26 Sec. 385.133. TRANSFER OF PROPERTY AND ASSETS. After the
33-27 board elects to dissolve the district, the board shall transfer
34-1 ownership of all property and assets of the district to Smith
34-2 County.
34-3 SECTION 2. The legislature finds that the proper and legal
34-4 notice of the intention to introduce this Act, setting forth the
34-5 general substance of this Act, has been published as provided by
34-6 law, and the notice and a copy of this Act have been furnished to
34-7 all persons, agencies, officials, or entities to which they are
34-8 required to be furnished by the constitution and laws of this
34-9 state, including the governor, who has submitted the notice and Act
34-10 to the Texas Natural Resource Conservation Commission. The
34-11 legislature further finds that the Texas Natural Resource
34-12 Conservation Commission has filed its recommendations relating to
34-13 this Act with the governor, lieutenant governor, and speaker of the
34-14 house of representatives within the required time. All
34-15 requirements of the constitution and laws of this state and the
34-16 rules and procedures of the legislature with respect to the notice,
34-17 introduction, and passage of this Act have been fulfilled and
34-18 accomplished.
34-19 SECTION 3. This Act takes effect immediately if it receives
34-20 a vote of two-thirds of all the members elected to each house, as
34-21 provided by Section 39, Article III, Texas Constitution. If this
34-22 Act does not receive the vote necessary for immediate effect, this
34-23 Act takes effect September 1, 2001.