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S.B. No. 1866
AN ACT
relating to the creation of the Dickinson Management District No.
1; providing authority to impose an assessment, impose a tax, and
issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3853 to read as follows:
CHAPTER 3853. DICKINSON MANAGEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3853.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Dickinson Management
District No. 1.
Sec. 3853.002. DICKINSON MANAGEMENT DISTRICT NO. 1. The
Dickinson Management District No. 1 is a special district created
under Section 59, Article XVI, Texas Constitution.
Sec. 3853.003. 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
chapter. By creating the district and in authorizing the City of
Dickinson, Galveston 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.
(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 district.
(c) This chapter and the creation of the district may not be
interpreted to relieve Galveston County or the City of Dickinson
from providing the level of services provided as of the effective
date of this Act 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.
Sec. 3853.004. 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 developing and
diversifying the economy of the state;
(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, 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. 3853.005. 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;
(2) Section 3853.108; or
(3) 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 bond for a purpose for
which the district is created or to pay the principal of and
interest on the bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3853.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible 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. 3853.007. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformity with the
findings and purposes stated in this chapter.
Sec. 3853.008. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
[Sections 3853.009-3853.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3853.051. BOARD OF DIRECTORS; TERMS. (a) The
district is governed by a board of five voting directors who serve
staggered terms of four years, with two or three directors' terms
expiring June 1 of each odd-numbered year.
(b) The governing body of the City of Dickinson 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. 3853.052. APPOINTMENT OF DIRECTORS. (a) The mayor
and members of the governing body of the City of Dickinson shall
appoint voting directors from persons recommended by the board. A
person is appointed if a majority of the members of the governing
body, including the mayor, vote to appoint that person.
(b) Section 375.063, Local Government Code, does not apply
to the district.
Sec. 3853.053. NONVOTING DIRECTORS. The board may appoint
nonvoting directors.
Sec. 3853.054. 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. 3853.055. INITIAL VOTING DIRECTORS. (a) The mayor
and the members of the governing body of the City of Dickinson shall
appoint the five initial voting directors by position.
(b) Of the initial directors, the terms of directors
appointed for positions 1 through 3 expire June 1, 2007, and the
terms of directors appointed for positions 4 and 5 expire June 1,
2009.
(c) This section expires September 1, 2010.
[Sections 3853.056-3853.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3853.101. 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 a project 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. 3853.102. 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, except that a member of the board of the
nonprofit corporation is not required to reside in the district.
Sec. 3853.103. 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. 3853.104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT.
To protect the public interest, the district may contract with a
qualified party, including Galveston County or the City of
Dickinson, to provide law enforcement services in the district for
a fee.
Sec. 3853.105. APPROVAL BY CITY OF DICKINSON. (a) Except
as provided by Subsection (c), the district must obtain the
approval of the City of Dickinson's governing body for:
(1) the issuance of a bond for each improvement
project;
(2) the imposition of a sales and use tax;
(3) the plans and specifications of the improvement
project financed by the bond; and
(4) the plans and specifications of any district
improvement project related to the use of land owned by the City of
Dickinson, an easement granted by the City of Dickinson, or a
right-of-way of a street, road, or highway.
(b) The approval obtained for the issuance of bonds or the
imposition of a sales and use tax must be a resolution by the City of
Dickinson. The approval obtained for plans and specifications must
be a permit issued by the City of Dickinson.
(c) If the district obtains the approval of the City of
Dickinson's governing body of 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 Dickinson.
(d) The City of Dickinson and the district may agree on
conditions for obtaining the approval of the city under this
section, including an agreement for the approval of a sales and use
tax that requires the district to abolish or decrease the rate of
the tax if the rate, when combined with other local sales and use
taxes, results in a combined tax rate of more than two percent in
any location in the district.
Sec. 3853.106. 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. 3853.107. ECONOMIC DEVELOPMENT PROGRAMS AND OTHER
POWERS RELATED TO PLANNING AND DEVELOPMENT. (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, including
bond proceeds; and
(2) provide district personnel and services.
(b) The district has all of the powers of a municipality
under Chapter 380, Local Government Code.
Sec. 3853.108. ANNEXATION. In addition to the authority to
annex territory under Subchapter J, Chapter 49, Water Code, the
district may by board resolution annex territory located in the
City of Dickinson if the city's governing body votes in favor of the
annexation.
Sec. 3853.109. NO EMINENT DOMAIN. The district may not
exercise the power of eminent domain.
[Sections 3853.110–3853.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3853.151. 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. 3853.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, finance, operate, or maintain
any improvement or service authorized under this chapter or Chapter
375, Local Government Code, using any money available to the
district.
Sec. 3853.153. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS WITH ASSESSMENTS. (a) 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) The petition must be signed by:
(1) the owners of a majority of the assessed value of
real property in the district subject to assessment according to
the most recent certified tax appraisal roll for Galveston County;
or
(2) at least 25 persons who own real property in the
district, if more than 25 persons own real property in the district
according to the most recent certified tax appraisal roll for
Galveston County.
Sec. 3853.154. 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. 3853.155. ASSESSMENTS; LIENS FOR ASSESSMENTS.
(a) The board by resolution may impose and collect an assessment
for any purpose authorized by this chapter.
(b) An assessment, a 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 a 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 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.
Sec. 3853.156. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. 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.
Sec. 3853.157. 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) 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. 3853.158. CITY NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS. Except as provided by Section 375.263, Local
Government Code, the City of Dickinson is not required to pay a
bond, note, or other obligation of the district.
Sec. 3853.159. 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. 3853.160. 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 3853.161-3853.200 reserved for expansion]
SUBCHAPTER E. SALES AND USE TAX
Sec. 3853.201. MEANINGS OF WORDS AND PHRASES. Words and
phrases used in this subchapter that are defined by Chapters 151 and
321, Tax Code, have the meanings assigned by Chapters 151 and 321,
Tax Code.
Sec. 3853.202. APPLICABILITY OF CERTAIN TAX CODE
PROVISIONS. (a) Except as otherwise provided by this subchapter,
Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code,
apply to taxes imposed under this subchapter and to the
administration and enforcement of those taxes in the same manner
that those laws apply to state taxes.
(b) The provisions of Subchapters B, C, and D, Chapter 321,
Tax Code, relating to municipal sales and use taxes apply to the
application, collection, change, and administration of a sales and
use tax imposed under this subchapter to the extent consistent with
this chapter, as if references in Chapter 321, Tax Code, to a
municipality referred to the district and references to a governing
body referred to the board.
(c) Sections 321.401-321.406 and Subchapter F, Chapter 321,
Tax Code, do not apply to a tax imposed under this subchapter.
(d) Section 321.203(l), Tax Code, as added by Chapter 1155,
Acts of the 78th Legislature, Regular Session, 2003, does not apply
to a tax imposed in the district boundaries.
Sec. 3853.203. AUTHORIZATION. The district may adopt a
sales and use tax for the benefit of the district. The board is not
required to hold an election to adopt the tax.
Sec. 3853.204. ABOLISHING SALES AND USE TAX. (a) Except
as provided in Subsection (b), the board, with the consent of the
governing body of the City of Dickinson, may abolish the sales and
use tax without an election.
(b) The board may not abolish the sales and use tax if the
district has outstanding debt secured by the tax.
Sec. 3853.205. SALES AND USE TAX RATE. (a) On adoption of
the tax authorized by this subchapter, there is imposed a tax at the
rate authorized by the district on the receipts from the sale at
retail of taxable items within the district, and an excise tax on
the use, storage, or other consumption within the district of
taxable items purchased, leased, or rented from a retailer within
the district during the period that the tax is in effect.
(b) The rate of the excise tax is the same as the rate of the
sales tax portion of the tax and is applied to the sales price of the
taxable item.
[Sections 3853.206-3853.250 reserved for expansion]
SUBCHAPTER F. DISSOLUTION
Sec. 3853.251. 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. As of the effective date of this Act, the
Dickinson Management District No. 1 includes all territory
contained in the following described area:
BEGINNING at the point of intersection on the West line of Lot 6 of
the Petty & Austin Lower League, Abstract No. 19, Galveston County,
Texas, and the centerline of Dickinson Bayou;
THENCE Northerly along the West line of said Lot 6 to the Northerly
right-of-way line of State Farm Road 517;
THENCE Easterly along the Northerly right-of-way line of said State
Farm 517 to its intersection with the East line of Lot 15-A of said
Perry & Austin League;
THENCE Northerly along the East line of said Lot 15-A to the point
of intersection with the Southwesterly projection of Sunset Drive;
also being in the Southwesterly projection of the Northwesterly
line of Block 77 of Dickinson Addition '4D";
THENCE Easterly and perpendicular to the East line of said Lot 15-A
to the point of intersection on the Northeasterly line of
Interstate Highway No. 45;
THENCE Northwesterly along the Northeasterly line of said
Interstate Highway No.45 to the point of intersection of said
Northeasterly line of Interstate Highway No.45 and the East line of
said Lot 15-A; said point also being in the Southerly corporate
limits of the City of League City;
THENCE Northeasterly along the East line of said Lot 15-A to the
Northwest corner of Block 57 of said Addition "D";
THENCE Easterly along the North line of Blocks 57-60 of said
Addition "I)" to the North corner of Block 60 of said Addition "1)";
THENCE Northwesterly along the Southwesterly line of Blocks 53 and
42 of said Addition "D" to the West corner of Block 42 of said
Addition IY';
THENCE Northeasterly along the Northwesterly line of Blocks 4247 of
said Addition "D" to the North corner of Block 47 of said Addition
"D";
THENCE Southeasterly along the Northeasterly line Block 47 to the -
of intersection of the Northwesterly line of Block 251 of the Moores
Addition to Dickinson projected Southwesterly;
THENCE Northeasterly along the Northwesterly line of Blocks 251,
221, 191, 161 and 131 to the point of intersection of the Northwest
line of said Block 131 of said Moores Addition to Dickinson and the
Southwesterly right-of-way line of State Highway No.3;
THENCE Southeasterly along the Southwesterly right-of-way line of
said State Highway No. 3 to the point of intersection of the
Southwesterly right-of-way line of said State Highway No.3 with the
projected Northwesterly right-of-way line of Salvato Street
THENCE Northeasterly along the Northwesterly right-of-way line of
said Salvato Street to the Southwesterly right-of-way line of the
Galveston, Houston and Henderson Railway
THENCE Northwesterly along the Southwesterly right-of-way line of
said Galveston. Houston and Henderson Railway to the point of
intersection of the Southerly right-of- way line of Deats Road;
THENCE Northeasterly along the Southerly right-of-way line of said
Deats Road to the North corner of Lot 1 of the Nichol's Addition to
the Town of Dickinson;
THENCE Southeasterly along the East line of said Lot 1 to the East
corner of said Lot 1;
THENCE Southwesterly along the South line of said Lot 1 to the South
corner of said Lot 1; said point being in the Easterly right-of-way
line of Nichols Avenue;
THENCE Southeasterly along the East right-of-way line of said
Nichols Avenue to the West corner of Lot 1 of Youpon Cove
Subdivision
THENCE Northeasterly along the North line of Youpon Cove
Subdivision to the point of intersection of the North line of said
Youpon Cove Subdivision projected Northeasterly to the
intersection of the West right-of-way line of FM 1266 (Dickinson
Avenue);
THENCE Northerly along the West right-of-way line of said KM. 126~
to the point of intersection with the North right-of-way line of
30th Street;
THENCE Easterly along the North right-of-way line of 30th Street to
the point of intersection with the West right-of-way line of Kansas
Avenue;
THENCE Northerly along the West right-of-way line of Kansas Avenue
to the point of intersection with the North right-of-way line of
28th Street;
THENCE Easterly along the North right-of-way line of 28th Street to
the point of intersection with the West right-of-way line of Texas
Avenue;
THENCE Northerly along the West right-of-way line of Texas Avenue
to the point of intersection with the North right-of-way line of
26th Street
THENCE Easterly along the North right-of-way line of 26th Street to
the point of intersection with the projected North right-of-way
line of 26th Street to the West right-of- way line of Owens Street;
THENCE Southerly along the West right-of-way line of Owens Street
to the point of intersection with the projected South line of
Laramie Subdivision;
THENCE Easterly along the South line of Laramie Subdivision to the
point of intersection with the projected South line of said Laramie
Subdivision with the Westerly line of Cheyenne Subdivision;
THENCE Northwesterly along the Westerly line of said Cheyenne
Subdivision to the point of interned ion with the projected West
line of said Cheyenne Subdivision to the Northwesterly right-of-way
line of Caroline Street;
THENCE Northeasterly and Northerly along the Northwesterly and
Westerly right-of-way line of said Caroline Street to the point of
intersection with the projected most Northerly North line of said
Cheyenne subdivision to the West right-of-way line of said Caroline
Street;
THENCE Easterly with the most Northerly line of said Cheyenne
Subdivision to the Northeast corner of said Cheyenne Subdivision;
THENCE Southeasterly along the Northeast line of said Cheyenne
Subdivision to the most Easterly North corner of said Cheyenne
Subdivision;
THENCE Northerly along the projected East line of said Cheyenne
Subdivision, the same being the South line of Branding Iron
Community an approximate distance of 500 feet to the point of
intersection with the original North line of the 1977 description
of the Village of Dickinson as recorded at Volume 2879, Page 577 of
the Deed Records of Galveston County, Texas;
THENCE East along the projected South line of Blocks 193-200 of said
Nicholstone Addition to the Town of Dickinson, the same being the
North line of said 1977
2
description of the Village of Dickinson to the point of
intersection of the East line of the P.G. Merritt Survey, Abstract
No. 155, Galveston County, Texas, the same being the West line of
the WE. Banks Survey, Abstract No. 36, Galveston County, Texas;
THENCE Southerly along the East line of said P.G. Merritt Survey to
the point of intersection with the North shore of Gum Bayou;
THENCE Southeasterly and Southerly with the North and East shores
of said Gum
Bayou to the point of intersection with the centerline of said
Dickinson Bayou with the
East line of the WLK. Wilson Survey Abstract No. 208, Galveston
County, Texas, said
point being in the existing Northerly City limit Line of Texas City
THENCE Southerly along the East line of said WL Wilson Survey, the
same being the Northerly City Limit Line of said Texas City, to the
point of intersection with a line representing an Easterly
extension of the City of Dickinson Southerly City Limit Line as
established in Ordinance No. 171-91;
THENCE Westerly along the Southerly City Limit Line of the City of
Dickinson as established in Ordinance No. 171-91, the same being
the existing Northerly City Limit Line of said Texas City to the
point of intersection with the Westerly right-of-way line of said
Interstate Highway No. 45;
THENCE Northerly along the Westerly right-of-way line of said
Interstate Highway No. 45 to the point of intersection of the
centerline line of said Dickinson Bayou;
THENCE Southwesterly along the centerline of said Dickinson Bayou
to the point of intersection of the East line of the Mary Austin
League, Abstract No. 1, Galveston County, Texas;
THENCE Southerly along the East line of said Mary Austin League to
the point of intersection of the projected North right-of-way line
of Second Street;
THENCE Westerly along the North right-of-way line of said Second
Street to the point of intersection of the West line of said Mary
Austin League;
THENCE Northerly along the West line of said Mary Austin League to
the point of intersection of said Dickinson Bayou;
THENCE Easterly along the centerline of said Dickinson Bayou to the
PLACE OF BEGINNING; containing within said boundaries a calculated
area of 6,324 acres of land.
SECTION 3. 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. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1866 passed the Senate on
May 10, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1866 passed the House on
May 25, 2005, by the following vote: Yeas 144, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor