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By: Davis of Harris H.B. No. 3536
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the NASA Area Management District;
providing authority to levy assessments, impose taxes and issue
bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. NASA AREA MANAGEMENT DISTRICT. Subtitle C,
Title 4, Special District Local Laws Code, is amended by adding
Chapter ___ to read as follows:
CHAPTER . NASA AREA MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. .001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means the NASA Area Management
District.
Sec. .002. NASA AREA MANAGEMENT DISTRICT. (a) The NASA
Area Management District is a special district created under
Section 59, Article XVI, Texas Constitution.
(b) The board by resolution may change the name of the
district.
Sec. .003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this Act.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the area of the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve Harris County or the City of Nassau Bay from
providing the level of services provided as of the effective date of
the Act enacting this chapter to the area in the district. The
district is created to supplement and not to supplant the county or
city services provided in the area in the district.
(d) By creating the district and in authorizing the City of
Nassau Bay, Harris County, and other political subdivisions to
contract with the district, the legislature has established a
program to accomplish the public purposes set out in Section 52-a,
Article III, Texas Constitution.
Sec. .004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district is in the public interest
and is essential to:
(1) further the public purposes of development and
diversification of the economy of the state; and
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. .005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2 of the Act enacting
this chapter, as that territory may have been modified under:
(1) Subchapter J, Chapter 49, Water Code; or
(2) other law.
(b) The boundaries and field notes of the district contained
in Section 2 of the Act enacting this chapter form a closure. A
mistake in the field notes or in copying the field notes in the
legislative process, does not in any way affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bonds for a purpose for
which the district is created or to pay the principal of and
interest on the bonds;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. .006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible,
notwithstanding other statutory criteria, to be included in:
(1) a tax increment reinvestment zone created by a
municipality under Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created by a
municipality under Chapter 312, Tax Code; or
(3) an enterprise zone created by a municipality under
Chapter 2303, Government Code.
Sec. .007. ANNEXATION. In addition to the authority to
annex territory under Subchapter C, Chapter 375, Local Government
Code, the district has the authority to annex territory if the
governing body of the City of Nassau Bay consents by resolution or
ordinance to the annexation.
Sec. .008. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. .009. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformity with the
findings and purposes stated in this chapter.
[Sections .010- .050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. .051. BOARD OF DIRECTORS; TERMS. (a) The district
is governed by a board of seven voting directors who serve staggered
terms of four years, with three or four directors' terms expiring
June 1 of each odd-numbered year.
(b) The governing body of the City of Nassau Bay may change
the number of voting directors on the board. The board may not
consist of fewer than five or more than 15 voting directors.
Sec. .052. APPOINTMENT OF DIRECTORS. (a) The mayor and
members of the governing body of the City of Nassau Bay shall
appoint voting directors. A person is appointed if a majority of
the council and the mayor vote to appoint that person.
(b) Section 375.063, Local Government Code, does not apply
to the district.
Sec. .053. NONVOTING DIRECTORS. (a) The following
persons serve as nonvoting directors:
(1) the chairman of the City of Nassau Bay's planning
and zoning commission;
(2) the City of Nassau Bay's director of public works;
and
(3) the City of Nassau Bay's chief of police.
(b) If a department described by Subsection (a) is
consolidated, renamed, or changed, the board may appoint a director
of the consolidated, renamed, or changed department as a nonvoting
director. If a department described by Subsection (a) is
abolished, the board may appoint a representative of another
department that performs duties comparable to those performed by
the abolished department.
Sec. .054. QUORUM. For purposes of determining the
requirements for a quorum of the board, the following are not
counted:
(1) a board position vacant for any reason, including
death, resignation, or disqualification;
(2) a director who is abstaining from participation in
a vote because of a conflict of interest; or
(3) a nonvoting director.
Sec. .055. INITIAL VOTING DIRECTORS. (a) The initial
board consists of the following directors: Pos. No. Name of Director
1
2
3
4
5
6
7
(b) Of the initial voting directors, the terms of directors
appointed for positions 1 through 4 expire June 1, 2007, and the
terms of directors appointed for positions 5 through 7 expire June
1, 2009.
(c) Section .052 does not apply to this section.
(d) This section expires September 1, 2010.
[Sections .056- .100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. .101. ADDITIONAL POWERS OF DISTRICT. The district
may exercise the powers given to:
(1) a corporation under Section 4B, Development
Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil
Statutes), including the power to own, operate, acquire, construct,
lease, improve, or maintain projects described by that section; and
(2) a housing finance corporation under Chapter 394,
Local Government Code, to provide housing or residential
development projects in the district.
Sec. .102. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered for purposes of
this chapter to be a local government corporation created under
Chapter 431, Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Chapter 431,
Transportation Code; provided that they need not live in the
district.
Sec. .103. AGREEMENTS; GRANTS. (a) The district may
make an agreement with or accept a gift, grant, or loan from any
person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
Sec. .104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT.
To protect the public interest, the district may contract with a
qualified party, including Harris County or the City of Nassau Bay
to provide law enforcement services in the district for a fee.
Sec. .105. APPROVAL BY CITY OF NASSAU BAY. (a) Except
as provided by Subsection (b), the district must obtain the
approval of the City of Nassau Bay's governing body for:
(1) the issuance of bonds for each improvement
project;
(2) the imposition of a sales and use tax;
(3) the imposition of an assessment on residential
property other than apartments;
(4) the plans and specifications of the improvement
project financed by bonds; and
(5) the plans and specifications of any district
improvement project related to the use of land owned by the City of
Nassau Bay, an easement granted by the City of Nassau Bay, or a
right-of-way of a street, road, or highway.
(b) The approval obtained for the issuance of bonds, the
imposition of a sales and use tax, and the imposition of an
assessment on residential property under Subsection (a) must be a
resolution by the City of Nassau Bay. The approval obtained for
plans and specifications must be a permit issued by the City of
Nassau Bay.
(c) If the district obtains approval from the governing body
of the City of Nassau Bay for a capital improvements budget for a
period not to exceed five years, the district may finance the
capital improvements and issue bonds specified in the budget
without further approval from the City of Nassau Bay.
(d) The City of Nassau Bay may condition its consent to the
issuance of bonds and the imposition of a sales and use tax. In
consenting to the imposition of a sales and use tax, the City of
Nassau Bay may require that the district abolish or decrease the
rate of its sales and use tax in the event that the district's sales
and use tax rate, when combined with all other local sales and use
taxes applicable in the district, exceed the maximum local sales
and use tax rate allowed by state law.
Sec. .106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to an organization that:
(1) enjoys tax-exempt status under Section 501(c)(3),
(4), or (6), Internal Revenue Code of 1986; and
(2) performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. .107. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
district may establish and provide for the administration of one or
more programs to promote state or local economic development and to
stimulate business and commercial activity in the district,
including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(b) The district has all of the powers and authority of a
municipality under Chapter 380, Local Government Code.
Sec. .108. NO EMINENT DOMAIN. The district may not
exercise the power of eminent domain.
[Sections .109- .150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. .151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of the district's money.
Sec. .152. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS WITH ASSESSMENTS. (a) The district may acquire,
construct, finance, operate and maintain any improvement or service
authorized pursuant to this Act or Chapter 375, Local Government
Code, using all funds available to the district. The board may not
finance a service or improvement project with assessments under
this chapter unless a written petition requesting that service or
improvement has been filed with the board.
(b) A petition filed under Subsection (a) must be signed by:
(1) the owners of a majority of the assessed value of
real property in the district subject to assessment as determined
by the most recent certified tax appraisal roll for Harris County;
(2) at least 25 persons who own real property in the
district, if more than 25 persons own real property in the district
as determined by the most recent certified tax appraisal roll for
Harris County;
(3) the owners of a majority of the surface area of the
real property in the district subject to assessment as determined
by the board; or
(4) the owners of a majority of the number of platted
lots of real property in the district subject to assessment as
determined by the board.
Sec. .153. METHOD OF NOTICE FOR HEARING. The district
may mail the notice required by Section 375.115(c), Local
Government Code, by certified United States mail or an equivalent
service that can provide a record of mailing or other delivery.
Sec. .154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The
board by resolution may impose and collect an assessment in all or
part of the district for any purpose authorized by this chapter.
(b) An assessment, reassessment, or an assessment resulting
from an addition to or correction of the assessment roll by the
district, penalties and interest on an assessment or reassessment,
an expense of collection, and reasonable attorney's fees incurred
by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or a deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
(e) Section 375.161, Local Government Code, does not apply
to the district.
Sec. .155. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. (a) The district may not impose an impact fee or
assessment on the property, including the equipment, rights of way,
facilities, or improvements of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a person who provides to the public cable
television or advanced telecommunications services.
(b) If the district, in the exercise of the powers conferred
on it by this Act, requires or requests the relocation, rerouting,
or removal of electric, gas, water, sewer, communications, or other
public utilities, as defined by Sections 31.002, 101.003, 121.001,
or 51.002, Utilities Code, the relocation, rerouting, or removal
shall be at the sole expense of the district.
Sec. .156. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue bonds or other obligations, by competitive bid
or negotiated sale, payable wholly or partly from sales and use
taxes, assessments, impact fees, revenue, grants, or other money of
the district, or any combination of those sources of money, to pay
for any authorized purpose of the district.
(b) In exercising the district's power to borrow, the
district may issue a bond or other obligation in the form of a bond,
note, certificate of participation or other instrument evidencing a
proportionate interest in payments to be made by the district, or
other type of obligation.
(c) Section 375.243, Local Government Code, does not apply
to the district.
Sec. .157. SALES AND USE TAX; EXCISE TAX. (a) For
purposes of this section:
(1) "Taxable items" includes all items subject to any
sales and use tax that could be imposed by the city if the city has
imposed a sales and use tax.
(2) "Use" with respect to a taxable service, means the
derivation in the district of a direct or indirect benefit from the
service.
(b) The district may impose a sales and use tax for the
benefit of the district, without any requirement of an election to
authorize the tax.
(c) If the district adopts a sales and use tax:
(1) a tax is imposed on the receipts from the sale at
retail of taxable items in the district; and
(2) an excise tax is imposed on the use, storage, or
other consumption in the district of taxable items purchased or
rented from a retailer during the period that the tax is effective
in the district.
(d) The rate of the excise tax is the same as the rate of the
sales tax portion of the tax applied to the sales price of the
taxable items and is included in the sales tax. The proceeds of the
sales and use tax shall be used for the purposes for which the
district was created.
Sec. .158. IMPOSITION, COMPUTATION, ADMINISTRATION, AND
GOVERNANCE OF SALES AND USE TAX. (a) Chapter 321, Tax Code, to the
extent not inconsistent with this Act, governs the imposition,
application, collection, and administration of a sales and use tax
under this Act, except that sections 321.401-321.406, Tax Code, do
not apply. Subtitles A and B, Title 2, and Chapter 151, Tax Code,
govern the administration and enforcement of the taxes under this
Act.
(b) Chapter 321, Tax Code, does not apply to the use and
allocation of revenues under this Act.
(c) In applying Chapter 321, Tax Code, the district's name
shall be substituted for references in that chapter to "the
municipality" and the district's board is substituted for
references in that chapter to "governing body."
(d) The adoption of a tax rate or change in the tax rate
takes effect as provided in Chapter 321, Tax Code.
(e) The sales and use tax may not be abolished so long as the
district has debt secured thereby outstanding. The board, with
consent of the city, by order may abolish the local sales and use
tax without an election.
(f) In the event of an annexation by the district, the sales
and use tax shall be automatically applicable to the annexed area.
Not later than the 10th day after the date on which the district
annexes or excludes territory, the board shall send to the
comptroller a certified copy of any resolution, order, or ordinance
relating to the annexation or exclusion.
Sec. .159. CITY NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS. Except as provided by Section 375.263, Local
Government Code, the City of Nassau Bay is not required to pay a
bond, note, or other obligation of the district.
Sec. .160. COMPETITIVE BIDDING. Section 375.221, Local
Government Code, applies to the district only for a contract that
has a value greater than $25,000.
Sec. .161. TAX AND ASSESSMENT ABATEMENTS. The district
may grant, in the manner authorized by Chapter 312, Tax Code, an
abatement for a tax or assessment owed to the district.
[Sections .162- .200 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec. .201. DISSOLUTION OF DISTRICT WITH OUTSTANDING
DEBT. (a) The board may dissolve the district regardless of
whether the district has debt. Section 375.264, Local Government
Code, does not apply to the district.
(b) If the district has debt when it is dissolved, the
district shall remain in existence solely for the purpose of
discharging its debts. The dissolution is effective when all debts
have been discharged.
SECTION 2. BOUNDARIES. As of the effective date of this
Act, the NASA Area Management District includes all territory
contained in the following described area:
BEGINNING AT A POINT located at the intersection of the south
right-of-way line of NASA Parkway and the city limit of the City of
Nassau Bay, located in the City of Nassau Bay, Harris County, Texas;
THENCE, in a southeasterly direction approximately 3400 feet
following the city limit line between the City of Nassau Bay and the
City of Webster to the southwest corner of the Nassau Bay Homeowners
Association marina and yacht club property;
THENCE, in a northeasterly direction approximately 365 feet
following the southern property line of the Nassau Bay Homeowners
Association marina and yacht club to the eastern property line;
THENCE, in a northwesterly direction approximately 590 feet
following the eastern property line of the Nassau Bay Homeowners
Association marina and yacht club to the northern property line;
THENCE, in a westerly direction approximately 160 feet following
the northern property line of the Nassau Bay Homeowners Association
marina and yacht club to the western property line;
THENCE, in a generally southwesterly direction approximately 420
feet following the western property line of the Nassau Bay
Homeowners Association marina and yacht club to the city limit line
of the City of Nassau Bay;
THENCE, in a northwesterly direction for approximately 1550 feet to
the northwest corner of the Saxony Place Townhomes;
THENCE, in a northeasterly direction approximately 460 feet
following the northern property lines of the Saxony Place Townhomes
to the eastern right-of-way line of Nassau Bay Drive;
THENCE, in a northerly direction approximately 25 feet following
the eastern right-of-way line of Nassau Bay Drive to the southwest
corner of the Nassau Bay Baptist Church property;
THENCE, in an easterly direction approximately 410 feet following
the southern property line of the Nassau Bay Baptist Church to the
southeast corner of the property;
THENCE, in a northwesterly direction 500 feet along the eastern
property line of the Nassau Bay Baptist Church to the northwest
corner of Nassau Bay Section One;
THENCE, in a northeasterly direction approximately 765 feet
following the northern subdivision line of Nassau Bay Section One
to a point;
THENCE, in a southeasterly direction approximately 207 feet
following the subdivision line of Nassau Bay Section One to a point;
THENCE, in a northeasterly direction approximately 440 feet
following the subdivision line of Nassau Bay Section One to a point;
THENCE, in a northwesterly direction approximately 105 feet
following the subdivision line of Nassau Bay Section One to a point;
THENCE in a northeasterly direction approximately 440 feet
following the subdivision line of Nassau Bay Section One to the
western right-of-way of Point Lookout Drive;
THENCE, in a southeasterly direction approximately 1100 feet
following the western right-of-way of Point Lookout Drive to a
point;
THENCE, in a northeasterly direction approximately 60 feet to the
southwest corner of the St. Paul Catholic Church property;
THENCE, in a northeasterly direction approximately 385 feet
following the southern property line of the St. Paul Catholic
Church;
THENCE, in a northwesterly direction approximately 700 feet
following the eastern property line of the St. Paul Catholic
Church;
THENCE, in a southwesterly direction approximately 340 feet
following the northern property line of the St. Paul Catholic
Church to the eastern right-of-way of Point Lookout Drive;
THENCE, in a northwesterly direction approximately 335 feet to a
point;
THENCE, in a northeasterly direction approximately 985 feet
following the northern property lines of the Queens Court Townhomes
to the northeast corner of that subdivision;
THENCE, in a southeasterly direction approximately 320 feet
following the western property line of the Queens Court Townhomes
to the southeast corner of that subdivision;
THENCE, in a southwesterly direction approximately 350 feet
following the southern property line of the Queens Court Townhomes
to a point;
THENCE, in a southeasterly direction approximately 10 feet
following the property line of the Queens Court Townhomes to a
point;
THENCE, in a southwesterly direction approximately 165 feet
following the southern property line of the Queens Court Townhomes
to the western right-of-way line of Vinland Drive;
THENCE, in a southeasterly direction approximately 690 feet
following the east right-of-way line of Vinland Drive to the
southern right-of-way line of San Sebastian Lane;
THENCE, in a northeasterly direction approximately 330 feet
following the southern right-of-way line of San Sebastian Lane to
the western right-of-way line of Vinland Drive;
THENCE, in a southeasterly direction approximately 940 feet
following the western right-of-way line of Vinland Drive to the
southern right-of-way line of Martinique Drive;
THENCE, in a northeasterly direction approximately 500 feet along
the southern right-of-way line of Martinique Drive to the western
right-of-way line of Upper Bay Drive;
THENCE, in a southerly direction approximately 760 feet along the
western right-of-way line of Upper Bay Road to the northern
right-of-way line of Prince William Lane;
THENCE, in an easterly direction approximately 70 feet to the
easterly right-of-way line of Upper Bay Road;
THENCE, in a generally southerly and easterly direction
approximately 3350 feet following the property lines along the
western and southern shore of Nassau Bay to the City of Nassau Bay
property generally known as "the peninsula";
THENCE, in a southerly direction approximately 440 feet to the city
limit line of the City of Nassau Bay in the Clear Creek channel;
THENCE, in a northeasterly direction approximately 5300 feet
following the Clear Creek channel along the city limit line of the
City of Nassau Bay to a point in Clear Lake;
THENCE, in northwesterly direction approximately 2000 feet to the
southwestern corner of the Swan Lagoon subdivision along the
northern shoreline of Clear Lake;
THENCE, in a northwesterly direction approximately 230 feet along
the western boundary of the Swan Lagoon subdivision to the southern
right-of-way line of Surf Court;
THENCE, in a northwesterly direction approximately 1115 feet
following the southern and then eastern boundary line of Surf Court
to the northern property line of the Clippers Square subdivision;
THENCE in a northeasterly direction approximately 750 feet
following the northern property line of the Clipper's Square
subdivision to the eastern right-of-way line of Lagoon Drive;
THENCE, in a northerly direction approximately 485 feet along the
eastern right-of-way line of Lagoon Drive to the south right-of-way
line of NASA Parkway;
THENCE, in a northeasterly direction approximately 2230 feet
following the southern right-of-way line of NASA Parkway to the
western right-of-way line of Lakeside Lane;
THENCE, in a southeasterly direction approximately 400 feet along
the western right-of-way line of Lakeside Lane to a point;
THENCE, in a northeasterly direction approximately 405 feet along
the southern property line of the Hilton Hotel to the eastern
property boundary;
THENCE, in a generally northeasterly direction approximately 1150
feet following the property lines along the western shoreline of
Clear Lake to the city limits of the City of Nassau Bay;
THENCE, in a northwesterly direction approximately 330 feet
following the city limit line of the City of Nassau Bay to the
northern right-of-way line of NASA Parkway;
THENCE in a southwesterly direction approximately 9500 feet
following the northern right-of-way line of NASA Parkway to the
city limits of the City of Webster;
THENCE, in a southeasterly direction approximately 180 feet
following the city limits of the City of Webster to the southern
right-of-way line of NASA Parkway;
THENCE in a southwesterly direction approximately 750 feet
following the southern right-of-way line of NASA Parkway to the
POINT OF BEGINNING.
SECTION 3. LEGISLATIVE FINDINGS. The legislature finds
that:
(1) proper and legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished by
the constitution and laws of this state, including the governor,
who has submitted the notice and Act to the Texas Commission on
Environmental Quality;
(2) the Texas Commission on Environmental Quality has
filed its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time;
(3) the general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with; and
(4) all requirements of the constitution and laws of
this state and the rules and procedures of the legislature with
respect to the notice, introduction, and passage of this Act have
been fulfilled and accomplished.
SECTION 4. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2005.