By: Lindsay S.B. No. 1226
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the Energy Corridor 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 K to read as follows:
1-7 SUBCHAPTER K. ENERGY CORRIDOR MANAGEMENT DISTRICT
1-8 Sec. 376.451. CREATION OF DISTRICT. (a) The Energy
1-9 Corridor Management District is created as a special district under
1-10 Section 59, Article XVI, Texas Constitution.
1-11 (b) The board by resolution may change the district's name.
1-12 Sec. 376.452. DECLARATION OF INTENT. (a) The creation of
1-13 the district is necessary to promote, develop, encourage, and
1-14 maintain employment, commerce, transportation, housing, tourism,
1-15 recreation, arts, entertainment, economic development, safety, and
1-16 the public welfare in the area of the district.
1-17 (b) The creation of the district and this legislation are
1-18 not to be interpreted to relieve the county or the municipality
1-19 from providing the level of services, as of the effective date of
1-20 this subchapter, each entity has to provide to the area in the
1-21 district. The district is created to supplement and not supplant
1-22 the county or municipal services provided in the area in the
1-23 district.
1-24 (c) The creation of the district is essential to accomplish
1-25 the purposes of Sections 52 and 52-a, Article III, and Section 59,
2-1 Article XVI, Texas Constitution, and other public purposes stated
2-2 in this subchapter.
2-3 Sec. 376.453. DEFINITIONS. In this subchapter:
2-4 (1) "Board" means the board of directors of the
2-5 district.
2-6 (2) "County" means Harris County, Texas.
2-7 (3) "District" means the Energy Corridor Management
2-8 District.
2-9 (4) "Municipality" means the City of Houston, Texas.
2-10 Sec. 376.454. BOUNDARIES. The district includes all the
2-11 territory contained in the following described area:
2-12 BEGINNING at a point at the intersection of the south
2-13 right-of-way line of Interstate Highway 10 and the east
2-14 right-of-way line of Tully Road;
2-15 THENCE in a southerly direction with the east right-of-way
2-16 line of said Tully Road to a line approximately 267 feet south of
2-17 the south right-of-way line of St. Mary's Street;
2-18 THENCE in a westerly direction with said line to the east
2-19 right-of-way line of Dairy Ashford Road;
2-20 THENCE in a southerly direction with the east right-of-way
2-21 line of said Dairy Ashford Road to the projected south right-of-way
2-22 line of Barryknoll Lane;
2-23 THENCE in a northwesterly direction with the south
2-24 right-of-way line of said Barryknoll Lane to the southeast
2-25 right-of-way line of Threadneedle Street;
2-26 THENCE in a northerly direction with the southeast
3-1 right-of-way line of Threadneedle Street to the south right-of-way
3-2 line of said Interstate Highway 10;
3-3 THENCE in a westerly direction with the south right-of-way
3-4 line of said Interstate Highway 10 to the west line of a Harris
3-5 County Flood Control Ditch and the west line of London Townhomes;
3-6 THENCE in a southerly direction with the west line of said
3-7 London Townhomes and the east line of Memorial Oaks Cemetery to the
3-8 southwest corner of West Bayou Oaks Townhomes;
3-9 THENCE in an easterly direction with the south line of said
3-10 West Bayou Oaks Townhomes and a north line of said Memorial Oaks
3-11 Cemetery to the northeast corner of Memorial Oaks Cemetery located
3-12 in the south right-of-way line of Barryknoll Lane;
3-13 THENCE in a southerly direction with the east line of said
3-14 Memorial Oaks Cemetery approximately 262 feet to a point;
3-15 THENCE in an easterly direction continuing with the east line
3-16 of said Memorial Oaks Cemetery approximately 153 feet to a point;
3-17 THENCE in a southerly direction continuing with the east line
3-18 of said Memorial Oaks Cemetery to the southeast corner of said
3-19 Memorial Oaks Cemetery;
3-20 THENCE in a southwesterly direction with the south line of
3-21 said Memorial Oaks Cemetery and the north line of said Thornwood,
3-22 Section 1, to an angle point in the east line of Thornwood, Section
3-23 4 and the north line of Thornwood, Section 1;
3-24 THENCE in a northerly direction with the east line of said
3-25 Thornwood, Section 4 to the northeast corner of said Thornwood,
3-26 Section 4;
4-1 THENCE west with the north line of said Thornwood, Section 4
4-2 to the most northerly northwest corner of said Thornwood, Section
4-3 4;
4-4 THENCE in a southerly direction with the west line of said
4-5 Thornwood, Section 4 to a point on the west line of said Thornwood,
4-6 Section 4;
4-7 THENCE in a westerly direction with the west line of said
4-8 Thornwood, Section 4 to the most southerly northwest corner of said
4-9 Thornwood, Section 4;
4-10 THENCE in a southerly direction with the west line of said
4-11 Thornwood, Section 4, and a southeast line of said Memorial Oaks
4-12 Cemetery to the south right-of-way line of La Costa Lane;
4-13 THENCE in a westerly direction with the south right-of-way
4-14 line of said La Costa Lane to the northeast right-of-way line of
4-15 Memorial Drive;
4-16 THENCE in a southeast direction with the northeast
4-17 right-of-way line of said Memorial Drive to the south right-of-way
4-18 line of Kimberly Lane;
4-19 THENCE in a westerly direction with the projected north line
4-20 of Woods on Memorial, Section 1, to the east right-of-way line of
4-21 Eldridge Road;
4-22 THENCE in a southwesterly direction with the east
4-23 right-of-way line of said Eldridge Road to the west line of Turkey
4-24 Creek Townhomes;
4-25 THENCE in a southerly direction with the west line of said
4-26 Turkey Creek Townhomes to the northeast line of Buffalo Bayou;
5-1 THENCE in a southeasterly direction with the northeast line
5-2 of said Buffalo Bayou to a point located approximately 224 feet
5-3 north of the northwest corner of Nottingham Forest, Section 8;
5-4 THENCE in a southwesterly direction with the east line of
5-5 said Buffalo Bayou to the east line of the J. Wheaton Survey, A-80;
5-6 THENCE in a southerly direction with the east line of said J.
5-7 Wheaton Survey, A-80 to the south right-of-way line of Briar Forest
5-8 Drive;
5-9 THENCE in a westerly direction with the south right-of-way
5-10 line of said Briar Forest Drive to the west line of Lakeside
5-11 Enclave subdivision;
5-12 THENCE in a southerly direction with the west line of said
5-13 Lakeside Enclave subdivision to the north line of Parkway Plaza,
5-14 Section 3;
5-15 THENCE in a westerly direction with the north line of said
5-16 Parkway Plaza, Section 3, to the east right-of-way line of Eldridge
5-17 Road;
5-18 THENCE in a southerly direction with the east right-of-way
5-19 line of said Eldridge Road to the north right-of-way line of
5-20 Whittington Court;
5-21 THENCE in a westerly direction with the projected north
5-22 right-of-way line of said Whittington Court and the south line of
5-23 Eldridge Road Apartments to the west line of said Eldridge Road
5-24 Apartments;
5-25 THENCE in a northerly direction with the west line of said
5-26 Eldridge Road Apartments and the east line of Lakes of Parkway,
6-1 Section 1, to the north right-of-way line of Briar Forest Drive;
6-2 THENCE in a northerly direction approximately 276 feet to a
6-3 point in the east line of Parkway Villages, Section 6;
6-4 THENCE in a northerly direction with the east line of said
6-5 Parkway Villages, Section 6 to the south right-of-way line of
6-6 Westerloch Drive;
6-7 THENCE in a northerly direction with the projected west
6-8 right-of-way line of said Park Bayou Drive to the north
6-9 right-of-way line of Briarhurst Drive;
6-10 THENCE in an easterly direction with the north right-of-way
6-11 line of said Briarhurst Drive to the west right-of-way line of
6-12 Eldridge Road;
6-13 THENCE in a northerly direction with the west right-of-way
6-14 line of said Eldridge Road to the project east line of Park on
6-15 Enclave subdivision;
6-16 THENCE in a northerly direction with the east line of said
6-17 Park on Enclave subdivision crossing Enclave Parkway to the north
6-18 line of said Buffalo Bayou and the south line of Memorial Thicket,
6-19 Section 3;
6-20 THENCE in an easterly direction with the north line of said
6-21 Buffalo Bayou and the south line of said Memorial Thicket, Section
6-22 3 to the west right-of-way line of South Mayde Drive;
6-23 THENCE in a northerly direction with the west right-of-way
6-24 line of said South Mayde Drive to the northeast corner of said
6-25 Memorial Thicket, Section 3;
6-26 THENCE in a westerly direction with the north line of said
7-1 Memorial Thicket, Section 3 to the northwest corner of said
7-2 Memorial Thicket, Section 3 located in the east line of Memorial
7-3 Thicket, Section 1;
7-4 THENCE in a northerly direction with the east line of said
7-5 Memorial Thicket, Section 1 to the northeast corner of said
7-6 Memorial Thicket, Section 1;
7-7 THENCE in a northwesterly direction with the north line of
7-8 said Memorial Thicket, Section 1 to the north right-of-way line of
7-9 Memorial Drive at the west right-of-way of Westlake Park Boulevard;
7-10 THENCE in a southwesterly direction with the north
7-11 right-of-way line of said Memorial Drive to the northeast corner of
7-12 Barker Place Townhomes;
7-13 THENCE in a westerly direction with the north line of said
7-14 Barker Place Townhomes to the east line of Barker Court Townhomes;
7-15 THENCE in a northerly direction with the east line of said
7-16 Barker Court Townhomes and the east line of Barkers Landing
7-17 subdivision to the northeast corner of said Barkers Landing
7-18 subdivision located in the south right-of-way line of Grisby Road;
7-19 THENCE in a westerly direction with the south right-of-way
7-20 line of said Grisby Road to the northwest corner of said Barkers
7-21 Landing, Section 3;
7-22 THENCE in a westerly direction with the north line of Barkers
7-23 Landing, Section 4, to the west right-of-way line of Addicks Howell
7-24 Road;
7-25 THENCE in a northerly direction with the west right-of-way
7-26 line of said Addicks Howell Road to the south right-of-way line of
8-1 said Interstate Highway 10;
8-2 THENCE in a westerly direction with the south right-of-way
8-3 line of said Interstate Highway 10 to the projected east line of
8-4 Park Ten, Section 10;
8-5 THENCE in a northerly direction crossing said Interstate
8-6 Highway 10 with the projected east line of said Park Ten, Section
8-7 10, to the projected north line of Gateway at Park 10;
8-8 THENCE in an easterly direction with the projected north line
8-9 of said Gateway at Park 10 and the north line of Domich at Park 10
8-10 to the west right-of-way line of State Highway 6;
8-11 THENCE continuing in an easterly direction with the projected
8-12 north line of Park Ten Ranch Apartments and Park Ten MUD Water
8-13 Supply passing the east line of said Park Ten MUD Water Supply and
8-14 continuing easterly an additional 360 feet to the east line of a
8-15 3.1200-acre tract;
8-16 THENCE in a southerly direction with the east line of said
8-17 3.1200-acre tract to the north right-of-way line of Park and Ride
8-18 Drive;
8-19 THENCE in an easterly direction with the north right-of-way
8-20 line of said Park and Ride Drive to the end of said Park and Ride
8-21 Drive;
8-22 THENCE in a southerly direction with the end of said Park and
8-23 Ride Drive to the north line of Addicks Park and Ride, Section 2;
8-24 THENCE in an easterly direction with the north line of said
8-25 Addicks Park and Ride, Section 2 to the east line of said Addicks
8-26 Park and Ride, Section 2;
9-1 THENCE in a southerly direction with the east line of said
9-2 Addicks Park and Ride, Section 2 to the north right-of-way line of
9-3 Old Katy Road;
9-4 THENCE in an easterly direction with the north right-of-way
9-5 line of said Old Katy Road to the west line of a flood control
9-6 ditch and the Houston City Limit Line;
9-7 THENCE in a northerly direction with the west line of said
9-8 flood control ditch and the Houston City Limit Line to the
9-9 projected north line of Addicks Dam Subdivision;
9-10 THENCE in an easterly direction with the projected north line
9-11 of said Addicks Dam Subdivision to the east line of said Woodcreek
9-12 Park, Section 1;
9-13 THENCE in a southerly direction with the east line of said
9-14 Woodcreek Park, Section 1 projected across Interstate Highway 10 to
9-15 the POINT OF BEGINNING save and except the entire limits of the
9-16 Addicks Dam Subdivision located north of Old Katy Road and West of
9-17 Eldridge Parkway.
9-18 Sec. 376.455. FINDINGS RELATING TO BOUNDARIES. The
9-19 boundaries and field notes of the district form a closure. If a
9-20 mistake is made in the field notes or in copying the field notes in
9-21 the legislative process, the mistake does not affect the
9-22 district's:
9-23 (1) organization, existence, or validity;
9-24 (2) right to issue any type of bond for the purposes
9-25 for which the district is created or to pay the principal of and
9-26 interest on a bond;
10-1 (3) right to impose or collect an assessment or tax;
10-2 or
10-3 (4) legality or operation.
10-4 Sec. 376.456. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
10-5 (a) The district is created to serve a public use and benefit.
10-6 All the land and other property included in the district will be
10-7 benefited by the improvements and services to be provided by the
10-8 district under powers conferred by Sections 52 and 52-a, Article
10-9 III, and Section 59, Article XVI, Texas Constitution, and other
10-10 powers granted under this subchapter.
10-11 (b) The creation of the district is in the public interest
10-12 and is essential to:
10-13 (1) further the public purposes of the development and
10-14 diversification of the economy of the state; and
10-15 (2) eliminate unemployment and underemployment and
10-16 develop or expand transportation and commerce.
10-17 (c) The district will:
10-18 (1) promote the health, safety, and general welfare of
10-19 residents, employers, employees, visitors, consumers in the
10-20 district, and the general public;
10-21 (2) provide needed funding to preserve, maintain, and
10-22 enhance the economic health and vitality of the district as a
10-23 community and business center; and
10-24 (3) further promote the health, safety, welfare, and
10-25 enjoyment of the public by providing pedestrian ways and by
10-26 landscaping and developing certain areas in the district, which are
11-1 necessary for the restoration, preservation, and enhancement of
11-2 scenic beauty.
11-3 (d) Pedestrian ways along or across a street, whether at
11-4 grade or above or below the surface, and street lighting, street
11-5 landscaping, and street art objects are parts of and necessary
11-6 components of a street and are considered to be a street or road
11-7 improvement.
11-8 (e) The district will not act as the agent or
11-9 instrumentality of any private interest even though many private
11-10 interests will be benefited by the district, as will the general
11-11 public.
11-12 Sec. 376.457. APPLICATION OF OTHER LAW. Except as otherwise
11-13 provided by this subchapter, Chapter 375 applies to the district.
11-14 Sec. 376.458. CONSTRUCTION OF SUBCHAPTER. This subchapter
11-15 shall be liberally construed in conformity with the findings and
11-16 purposes stated in this subchapter.
11-17 Sec. 376.459. BOARD OF DIRECTORS IN GENERAL. (a) The
11-18 district is governed by a board of nine voting directors appointed
11-19 under Section 376.460 and nonvoting directors as provided by
11-20 Section 376.461.
11-21 (b) Voting directors serve staggered terms of four years,
11-22 with four directors' terms expiring June 1 of an odd-numbered year
11-23 and five directors' terms expiring June 1 of the following
11-24 odd-numbered year.
11-25 (c) A voting director may receive compensation as provided
11-26 by Section 49.060, Water Code.
12-1 Sec. 376.460. APPOINTMENT OF DIRECTORS. (a) The mayor and
12-2 members of the governing body of the municipality shall appoint
12-3 voting directors from persons recommended by the board. A person
12-4 is appointed if a majority of the directors and the mayor vote to
12-5 appoint that person.
12-6 (b) A person may not be appointed to the board if the
12-7 appointment of that person would result in less than two-thirds of
12-8 the directors residing in the municipality.
12-9 Sec. 376.461. NONVOTING DIRECTORS. (a) The following
12-10 persons shall serve as nonvoting directors:
12-11 (1) the director of the following departments of the
12-12 municipality:
12-13 (A) parks and recreation;
12-14 (B) planning and development;
12-15 (C) public works; and
12-16 (D) civic center;
12-17 (2) the municipality's chief of police;
12-18 (3) the director of the engineering division of the
12-19 county department of public infrastructure;
12-20 (4) the Houston district engineer for the Texas
12-21 Department of Transportation;
12-22 (5) the county's general manager of the Metropolitan
12-23 Transit Authority; and
12-24 (6) the presidents of any institutions of higher
12-25 learning located in the district.
12-26 (b) If an agency, department, or division described by
13-1 Subsection (a) is consolidated, renamed, or changed, the board may
13-2 appoint a director of the consolidated, renamed, or changed agency,
13-3 department, or division as a nonvoting director. If an agency,
13-4 department, or division described by Subsection (a) is abolished,
13-5 the board may appoint a representative of another agency,
13-6 department, or division that performs duties comparable to those
13-7 performed by the abolished entity.
13-8 Sec. 376.462. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT.
13-9 (a) Except as provided by this section:
13-10 (1) a director may participate in all board votes and
13-11 decisions; and
13-12 (2) Chapter 171 governs conflicts of interest for
13-13 board members.
13-14 (b) Section 171.004 does not apply to the district. A
13-15 director who has a substantial interest in a business or charitable
13-16 entity that will receive a pecuniary benefit from a board action
13-17 shall file a one-time affidavit declaring the interest. An
13-18 additional affidavit is not required if the director's interest
13-19 changes. After the affidavit is filed with the board secretary,
13-20 the director may participate in a discussion or vote on that action
13-21 if:
13-22 (1) a majority of the directors have a similar
13-23 interest in the same entity; or
13-24 (2) all other similar business or charitable entities
13-25 in the district will receive a similar pecuniary benefit.
13-26 (c) A director who is also an officer or employee of a
14-1 public entity may not participate in the discussion of or vote on a
14-2 matter regarding a contract with that same public entity.
14-3 (d) For purposes of this section, a director has a
14-4 substantial interest in a charitable entity in the same manner that
14-5 a person would have a substantial interest in a business entity
14-6 under Section 171.002.
14-7 Sec. 376.463. ELECTRONIC TRANSMISSIONS. (a) The district
14-8 may acquire, operate, or charge fees for the use of district
14-9 conduits for:
14-10 (1) another person's:
14-11 (A) telecommunications network;
14-12 (B) fiber-optic cable; or
14-13 (C) electronic transmission line; or
14-14 (2) any other types of transmission line or supporting
14-15 facility.
14-16 (b) The district may not require a person to use a district
14-17 conduit.
14-18 Sec. 376.464. ADDITIONAL POWERS OF DISTRICT. (a) The
14-19 district may exercise the powers given to a corporation created
14-20 under Section 4B, Development Corporation Act of 1979 (Article
14-21 5190.6, Vernon's Texas Civil Statutes).
14-22 (b) The district may exercise the powers given to a housing
14-23 finance corporation created under Chapter 394 to provide housing or
14-24 residential development projects in the district.
14-25 Sec. 376.465. AGREEMENTS: GENERAL; GIFTS, INTERLOCAL
14-26 AGREEMENTS, AND LAW ENFORCEMENT SERVICES. (a) The district may
15-1 make an agreement with or accept a gift, grant, or loan from any
15-2 person.
15-3 (b) The implementation of a project is a governmental
15-4 function or service for the purposes of Chapter 791, Government
15-5 Code.
15-6 (c) To protect the public interest, the district may
15-7 contract with the municipality or the county to provide law
15-8 enforcement services in the district for a fee.
15-9 Sec. 376.466. NONPROFIT CORPORATION. (a) The board by
15-10 resolution may authorize the creation of a nonprofit corporation to
15-11 assist and act on behalf of the district in implementing a project
15-12 or providing a service authorized by this subchapter.
15-13 (b) The board shall appoint the board of directors of a
15-14 nonprofit corporation created under this section. The board of
15-15 directors of the nonprofit corporation shall serve in the same
15-16 manner as a board of directors of a local government corporation
15-17 created under Chapter 431, Transportation Code.
15-18 (c) A nonprofit corporation created under this section has
15-19 the powers of and is considered for purposes of this subchapter to
15-20 be a local government corporation created under Chapter 431,
15-21 Transportation Code.
15-22 (d) A nonprofit corporation created under this section may
15-23 implement any project and provide any service authorized by this
15-24 subchapter.
15-25 Sec. 376.467. REQUIREMENTS FOR FINANCING SERVICES AND
15-26 IMPROVEMENTS. The board may not finance a service or improvement
16-1 project under this subchapter unless a written petition requesting
16-2 the improvement or service has been filed with the board. The
16-3 petition must be signed by:
16-4 (1) the owners of a majority of the assessed value of
16-5 real property in the district as determined by the most recent
16-6 certified county property tax rolls; or
16-7 (2) at least 25 persons who own land in the district,
16-8 if there are more than 25 persons who own property in the district
16-9 as determined by the most recent certified county property tax
16-10 rolls.
16-11 Sec. 376.468. ELECTIONS. (a) In addition to the elections
16-12 the district must hold under Subchapter L, Chapter 375, the
16-13 district shall hold an election in the manner provided by that
16-14 subchapter to obtain voter approval before the district imposes a
16-15 maintenance tax or issues bonds payable from ad valorem taxes or
16-16 assessments.
16-17 (b) The board may include more than one purpose in a single
16-18 proposition at an election.
16-19 Sec. 376.469. MAINTENANCE TAX. (a) If authorized at an
16-20 election held in accordance with Section 376.468, the district may
16-21 impose and collect an annual ad valorem tax on taxable property in
16-22 the district for the maintenance and operation of the district and
16-23 the improvements constructed or acquired by the district or for the
16-24 provision of services.
16-25 (b) The board shall determine the tax rate.
16-26 Sec. 376.470. ASSESSMENTS. (a) The board may impose and
17-1 collect an assessment for any purpose authorized by this
17-2 subchapter.
17-3 (b) Assessments, including assessments resulting from an
17-4 addition to or correction of the assessment roll by the district,
17-5 reassessments, penalties and interest on an assessment or
17-6 reassessment, expenses of collection, and reasonable attorney's
17-7 fees incurred by the district:
17-8 (1) are a first and prior lien against the property
17-9 assessed;
17-10 (2) are superior to any other lien or claim other than
17-11 a lien or claim for county, school district, or municipal ad
17-12 valorem taxes; and
17-13 (3) are the personal liability of and charge against
17-14 the owners of the property even if the owners are not named in the
17-15 assessment proceedings.
17-16 (c) The lien is effective from the date of the resolution of
17-17 the board imposing the assessment until the assessment is paid.
17-18 The board may enforce the lien in the same manner that the board
17-19 may enforce an ad valorem tax lien against real property.
17-20 Sec. 376.471. UTILITIES. The district may not impose an
17-21 impact fee or assessment on the property, equipment, rights-of-way,
17-22 facilities, or improvements of an electric utility or a power
17-23 generation company as defined by Section 31.002, Utilities Code, of
17-24 a gas utility as defined by Section 101.003 or 121.001, Utilities
17-25 Code, or of a person that provides to the public cable television
17-26 or advanced services.
18-1 Sec. 376.472. BONDS. (a) The district may issue bonds or
18-2 other obligations payable in whole or in part from ad valorem
18-3 taxes, assessments, impact fees, revenues, grants, or other money
18-4 of the district, or any combination of those sources of money, to
18-5 pay for any authorized purpose of the district.
18-6 (b) Bonds or other obligations of the district may be issued
18-7 in the form of bonds, notes, certificates of participation,
18-8 including other instruments evidencing a proportionate interest in
18-9 payments to be made by the district, or other obligations that are
18-10 issued in the exercise of the district's borrowing power and may be
18-11 issued in bearer or registered form or not represented by an
18-12 instrument but the transfer of which is registered on books
18-13 maintained by or on behalf of the district.
18-14 Sec. 376.473. MUNICIPAL APPROVAL. (a) Except as provided
18-15 by Subsection (b), the district must obtain approval from the
18-16 municipality's governing body of:
18-17 (1) the issuance of bonds for an improvement project;
18-18 (2) the plans and specifications of an improvement
18-19 project financed by the bonds; and
18-20 (3) the plans and specifications of a district
18-21 improvement project related to:
18-22 (A) the use of land owned by the municipality;
18-23 (B) an easement granted by the municipality; or
18-24 (C) a right-of-way of a street, road, or
18-25 highway.
18-26 (b) If the district obtains approval from the municipality's
19-1 governing body of a capital improvements budget for a period not to
19-2 exceed five years, the district may finance the capital
19-3 improvements and issue bonds specified in the budget without
19-4 further approval from the municipality.
19-5 (c) Except as provided by Section 375.263, a municipality is
19-6 not obligated to pay any bonds, notes, or other obligations of the
19-7 district.
19-8 Sec. 376.474. DISBURSEMENTS OR TRANSFERS OF FUNDS. The
19-9 board by resolution shall establish the number of directors'
19-10 signatures and the procedure required for a disbursement or
19-11 transfer of the district's money.
19-12 Sec. 376.475. COMPETITIVE BIDDING LIMIT. Section 375.221
19-13 applies to the district only for a contract with a value greater
19-14 than $25,000.
19-15 Sec. 376.476. EXCEPTION FOR DISSOLUTION OF DISTRICT WITH
19-16 OUTSTANDING DEBTS. (a) The board may vote to dissolve a district
19-17 that has debt. If the vote is in favor of dissolution, the
19-18 district shall remain in existence solely for the limited purpose
19-19 of discharging its debts. The dissolution is effective when all
19-20 debts have been discharged.
19-21 (b) Section 375.264 does not apply to the district.
19-22 Sec. 376.477. INITIAL DIRECTORS. (a) The initial board
19-23 consists of the following persons:
19-24 Pos. No. Name of Director
19-25 1 Robert Becker
19-26 2 Tom Blackwell
20-1 3 Lynn Grafing
20-2 4 Rick Rice
20-3 5 David W. Hightower
20-4 6 Mike Turner
20-5 7 Ned Holmes
20-6 8 Roger H. Hord
20-7 9 Cathy Wining
20-8 (b) Of the initial directors, the terms of directors
20-9 appointed for positions 1 through 5 expire on June 1, 2005, and the
20-10 terms of directors appointed for positions 6 through 9 expire on
20-11 June 1, 2003.
20-12 (c) Section 376.460 does not apply to this section.
20-13 (d) This section expires September 1, 2006.
20-14 SECTION 2. The legislature finds that:
20-15 (1) proper and legal notice of the intention to
20-16 introduce this Act, setting forth the general substance of this
20-17 Act, has been published as provided by law, and the notice and a
20-18 copy of this Act have been furnished to all persons, agencies,
20-19 officials, or entities to which they are required to be furnished
20-20 by the constitution and laws of this state, including the governor,
20-21 who has submitted the notice and Act to the Texas Natural Resource
20-22 Conservation Commission;
20-23 (2) the Texas Natural Resource Conservation Commission
20-24 has filed its recommendations relating to this Act with the
20-25 governor, lieutenant governor, and speaker of the house of
20-26 representatives within the required time;
21-1 (3) the general law relating to consent by political
21-2 subdivisions to the creation of districts with conservation,
21-3 reclamation, and road powers and the inclusion of land in those
21-4 districts has been complied with; and
21-5 (4) all requirements of the constitution and laws of
21-6 this state and the rules and procedures of the legislature with
21-7 respect to the notice, introduction, and passage of this Act have
21-8 been fulfilled and accomplished.
21-9 SECTION 3. This Act takes effect immediately if it receives
21-10 a vote of two-thirds of all the members elected to each house, as
21-11 provided by Section 39, Article III, Texas Constitution. If this
21-12 Act does not receive the vote necessary for immediate effect, this
21-13 Act takes effect September 1, 2001.