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AN ACT
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relating to the creation of the Chambers-Liberty Counties |
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Improvement District; providing authority to impose a tax and issue |
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bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. CHAMBERS-LIBERTY COUNTIES IMPROVEMENT DISTRICT. |
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Subtitle C, Title 4, Special District Local Laws Code, is amended by |
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adding Chapter 3857 to read as follows: |
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CHAPTER 3857. CHAMBERS-LIBERTY COUNTIES IMPROVEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3857.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "District" means the Chambers-Liberty Counties |
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Improvement District. |
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Sec. 3857.002. CHAMBERS-LIBERTY COUNTIES IMPROVEMENT |
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DISTRICT. The district is a special district created under |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 3857.003. PURPOSE; DECLARATION OF INTENT. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. By creating the district and in authorizing Chambers and |
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Liberty Counties and other political subdivisions to contract with |
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the district, the legislature has established a program to |
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accomplish the public purposes set out in Section 52-a, Article |
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III, Texas Constitution. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain automobile transportation, |
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housing, recreation, the arts, safety, and the public welfare in |
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the district territory. |
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(c) This chapter and the creation of the district may not be |
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interpreted to relieve Chambers and Liberty Counties from providing |
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the level of services provided as of the effective date of the Act |
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enacting this chapter to the area in the district. The district is |
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created to supplement and not to supplant the county services |
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provided in the area in the district. |
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Sec. 3857.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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The district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the improvements and services to be provided by |
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the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this chapter. |
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(c) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a commercially viable area; and |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty. |
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(d) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, parking, and street art objects are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(e) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 3857.005. DISTRICT TERRITORY. The district is |
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composed of the territory described by Section 2 of the Act enacting |
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this chapter, as that territory may have been modified under: |
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(1) Subchapter J, Chapter 49, Water Code; or |
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(2) other law. |
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Sec. 3857.006. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICTS LAW. Except as otherwise provided by this chapter, |
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Chapter 375, Local Government Code, applies to the district. |
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Sec. 3857.007. LIBERAL CONSTRUCTION OF CHAPTER. This |
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chapter shall be liberally construed in conformity with the |
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findings and purposes stated in this chapter. |
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[Sections 3857.008-3857.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3857.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five directors who serve staggered terms of |
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four years, with two or three directors' terms expiring June 1 of |
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each odd-numbered year. |
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(b) The board by resolution may change the number of |
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directors on the board, but only if the board determines that the |
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change is in the best interest of the district. The board may not |
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consist of fewer than five or more than 15 directors. |
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Sec. 3857.052. APPOINTMENT OF DIRECTORS. From persons |
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recommended by the board, the county judge: |
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(1) of Liberty County shall appoint directors for |
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positions 1, 2, and 3; and |
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(2) of Chambers County shall appoint directors for |
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positions 4 and 5. |
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Sec. 3857.053. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT. |
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(a) Except as provided by this section: |
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(1) a director may participate in all board votes and |
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decisions; and |
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(2) Chapter 171, Local Government Code, governs |
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conflicts of interest for directors. |
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(b) Section 171.004, Local Government Code, does not apply |
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to the district. A director who has a substantial interest in a |
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business or charitable entity that will receive a pecuniary benefit |
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from a board action shall file a one-time affidavit declaring the |
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interest. An additional affidavit is not required if the director's |
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interest changes. After the affidavit is filed with the board |
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secretary, the director may participate in a discussion or vote on |
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that action if: |
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(1) a majority of the directors have a similar |
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interest in the same entity; or |
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(2) all other similar business or charitable entities |
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in the district will receive a similar pecuniary benefit. |
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(c) A director who is also an officer or employee of a public |
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entity may not participate in the discussion of or vote on a matter |
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regarding a contract with that same public entity. |
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(d) For purposes of this section, a director has a |
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substantial interest in a charitable entity in the same manner that |
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a person would have a substantial interest in a business entity |
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under Section 171.002, Local Government Code. |
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Sec. 3857.054. COMPENSATION. (a) Sections 375.069 and |
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375.070, Local Government Code, do not apply to the board. |
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(b) Section 49.060, Water Code, applies to the board. |
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Sec. 3857.055. INITIAL DIRECTORS. (a) The initial board |
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consists of the following directors: |
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Pos. No. |
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Name of Director |
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(b) Of the initial directors, the terms of directors |
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appointed for positions 1 through 3 expire June 1, 2009, and the |
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terms of directors appointed for positions 4 and 5 expire June 1, |
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2011. |
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(c) Section 3857.052 does not apply to this section. |
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(d) This section expires September 1, 2012. |
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[Sections 3857.056-3857.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3857.101. MUNICIPAL UTILITY DISTRICT. The district |
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has the powers given to a municipal utility district created under |
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Chapters 49 and 54, Water Code. |
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Sec. 3857.102. ROAD POWERS. (a) The district has the |
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powers given to a road district created under Section 52, Article |
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III, Texas Constitution, including: |
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(1) a road district under Chapter 257, Transportation |
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Code; and |
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(2) a road utility district under Chapter 441, |
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Transportation Code. |
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(b) The district has the power under Subsection (a) to |
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finance arterials, including a farm-to-market road, state highway, |
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and county road. |
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(c) A road project must meet all applicable construction |
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standards, zoning and subdivision requirements, and regulations of |
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each municipality in whose corporate limits or extraterritorial |
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jurisdiction the district is located. If the district is not |
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located in the corporate limits or extraterritorial jurisdiction of |
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a municipality, a road project must meet all applicable |
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construction standards, zoning and subdivision requirements, and |
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regulations of each county in which the district is located. |
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(d) The district may not undertake a road project outside |
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the district unless each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located consents by |
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resolution. If the district is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the district |
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may not undertake a road project outside the district unless each |
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county in which the district is located consents by resolution. |
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Sec. 3857.103. NONPROFIT CORPORATION. (a) The board by |
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resolution may authorize the creation of a nonprofit corporation to |
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assist and act for the district in implementing a project or |
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providing a service authorized by this chapter. |
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(b) The nonprofit corporation: |
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(1) has each power of and is considered for purposes of |
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this chapter to be a local government corporation created under |
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Chapter 431, Transportation Code; and |
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(2) may implement any project and provide any service |
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authorized by this chapter. |
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(c) The board shall appoint the board of directors of the |
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nonprofit corporation. The board of directors of the nonprofit |
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corporation shall serve in the same manner as the board of directors |
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of a local government corporation created under Chapter 431, |
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Transportation Code. |
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Sec. 3857.104. AGREEMENTS; GRANTS. (a) The district may |
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make an agreement with or accept a gift, grant, or loan from any |
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person. |
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(b) The implementation of a project is a governmental |
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function or service for the purposes of Chapter 791, Government |
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Code. |
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Sec. 3857.105. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT. |
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To protect the public interest, the district may contract with |
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Chambers or Liberty County for the county to provide law |
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enforcement services in the district for a fee. |
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Sec. 3857.106. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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[Sections 3857.107-3857.150 reserved for expansion] |
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SUBCHAPTER D. FINANCIAL PROVISIONS |
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Sec. 3857.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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board by resolution shall establish the number of directors' |
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signatures and the procedure required for a disbursement or |
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transfer of the district's money. |
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Sec. 3857.152. PETITION REQUIRED FOR FINANCING SERVICES AND |
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IMPROVEMENTS. (a) The board may not finance a service or |
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improvement project with assessments under this chapter unless a |
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written petition requesting that improvement or service has been |
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filed with the board. |
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(b) The petition must be signed by: |
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(1) the owners of a majority of the assessed value of |
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real property in the district subject to assessment as determined |
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by the most recent certified tax appraisal roll for Chambers or |
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Liberty County; or |
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(2) at least 50 persons who own real property in the |
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district, if more than 50 persons own real property in the district |
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as determined by the most recent certified tax appraisal roll for |
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Chambers or Liberty County. |
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Sec. 3857.153. MAINTENANCE TAX. (a) If authorized at an |
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election held in accordance with Section 3857.160, the district may |
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impose an annual ad valorem tax on taxable property in the district |
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to: |
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(1) maintain and operate the district and the |
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improvements constructed or acquired by the district; or |
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(2) provide a service. |
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(b) The board shall determine the tax rate. |
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Sec. 3857.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
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The board by resolution may impose an assessment for any purpose |
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authorized by this chapter in all or any part of the district. |
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(b) An assessment, a reassessment, or an assessment |
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resulting from an addition to or correction of the assessment roll |
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by the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the district: |
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(1) are a first and prior lien against the property |
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assessed; |
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(2) are superior to any other lien or claim other than |
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a lien or claim for county, school district, or municipal ad valorem |
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taxes; and |
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(3) are the personal liability of and a charge against |
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the owners of the property even if the owners are not named in the |
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assessment proceedings. |
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(c) The lien is effective from the date of the board's |
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resolution imposing the assessment until the date the assessment is |
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paid. The board may enforce the lien in the same manner that the |
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board may enforce an ad valorem tax lien against real property. |
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(d) The board may make a correction to or deletion from the |
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assessment roll that does not increase the amount of assessment of |
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any parcel of land without providing notice and holding a hearing in |
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the manner required for additional assessments. |
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Sec. 3857.155. UTILITY PROPERTY EXEMPT FROM IMPACT FEES OR |
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ASSESSMENTS. The district may not impose an impact fee or |
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assessment on the property, including the equipment, |
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rights-of-way, facilities, or improvements, of: |
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(1) an electric utility or a power generation company |
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as defined by Section 31.002, Utilities Code; |
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(2) a gas utility as defined by Section 101.003 or |
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121.001, Utilities Code; |
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(3) a telecommunications provider as defined by |
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Section 51.002, Utilities Code; or |
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(4) a person who provides to the public cable |
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television or advanced telecommunications services. |
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Sec. 3857.156. BONDS AND OTHER OBLIGATIONS. (a) The |
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district may issue by competitive bid or negotiated sale bonds, |
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notes, or other obligations payable wholly or partly from ad |
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valorem taxes, assessments, impact fees, revenue, grants, or other |
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money of the district, or any combination of those sources of money, |
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to pay for any authorized purpose of the district. |
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(b) In exercising the district's power to borrow, the |
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district may issue a bond or other obligation in the form of a bond, |
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note, certificate of participation or other instrument evidencing a |
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proportionate interest in payments to be made by the district, or |
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other type of obligation. |
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Sec. 3857.157. APPROVAL REQUIRED FOR WATER-RELATED BONDS. |
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The district may not issue bonds to finance water, sewage, or |
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drainage facilities without the approval of the Texas Commission on |
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Environmental Quality. |
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Sec. 3857.158. COUNTIES NOT REQUIRED TO PAY DISTRICT |
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OBLIGATIONS. Except as provided by Section 375.263, Local |
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Government Code, a county is not required to pay a bond, note, or |
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other obligation of the district. |
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Sec. 3857.159. COMPETITIVE BIDDING. Section 375.221, Local |
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Government Code, applies to the district only for a contract that |
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has a value greater than $25,000. |
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Sec. 3857.160. ELECTIONS REGARDING TAXES OR BONDS. (a) In |
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addition to the elections required under Subchapter L, Chapter 375, |
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Local Government Code, the district must hold an election in the |
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manner provided by that subchapter to obtain voter approval before |
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the district may: |
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(1) impose a maintenance tax; or |
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(2) issue a bond payable from ad valorem taxes or |
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assessments. |
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(b) The board may submit multiple purposes in a single |
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proposition at an election. |
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(c) Section 375.243, Local Government Code, does not apply |
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to the district. |
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[Sections 3857.161-3857.200 reserved for expansion] |
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SUBCHAPTER E. DISSOLUTION |
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Sec. 3857.201. DISSOLUTION OF DISTRICT WITH OUTSTANDING |
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DEBT. (a) The board may dissolve the district regardless of |
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whether the district has debt. Section 375.264, Local Government |
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Code, does not apply to the district. |
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(b) If the district has debt when it is dissolved, the |
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district shall remain in existence solely for the purpose of |
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discharging its debts. The dissolution is effective when all debts |
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have been discharged. |
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SECTION 2. BOUNDARIES. As of the effective date of this |
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Act, the Chambers-Liberty Counties Improvement District includes |
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all territory contained in the following described area: |
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Tract 1: |
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1081.743 acres of land lying partly in Liberty County, Texas and |
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partly in Chambers County, Texas, out of the G. C. & S. F. R. R. Co., |
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Section 19, A-458, T. & N. O. R. R. Co., Section 3, A-381, J. T. |
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Hayman Survey, A-598, J. Z. Burkett Survey A-725 and A-554, the |
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subject tract being part of "Tract One", "Tract Two", "Tract |
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Three", "Tract Six", and "Tract Eight", referred to in that certain |
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deed from Ben Roshton and wife, Ruth Roshton to J. M. Frost, Jr., |
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dated August 16, 1956, and recorded in Volume 448, Page 327, at seq. |
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of the Deed Records of Liberty County, Texas, and in Volume 180, |
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Page 149, at seq. of the Deed Records of Chambers County, Texas, and |
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being more particularly described as follows and in conformance |
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with the Texas State Plane Coordinate System, South Central Zone. |
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BEGINNING at a 2 1/2" iron pipe found at the Southeast corner of the |
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above mentioned "Tract Two" in that certain deed, dated August 16, |
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1956, recorded in Volume 448, Page 327, at seq. of the Deed Records |
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of Liberty County, Texas and in Volume 180, Page 149 of the Deed |
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Records of Chambers County, Texas; said 2 1/2" iron pipe having |
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State Plane Coordinates of X=3,293,677.00 and Y=770,374.86; |
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THENCE, S 56° 00' 26" W, with an existing fence, along the Southerly |
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line of "Tract Two" and "Tract Three", a distance of 5544.01 feet to |
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a point in the centerline of Hatcherville Road for the Southwest |
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corner of "Tract Three" and the Southwest corner of this tract; |
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THENCE, N 34° 21' 33" W, with the West line of "Tract Three", along |
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the centerline of Hatcherville Road, a distance of 783.39 feet to an |
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angle point for the lower West line of this tract; |
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THENCE, N 33° 21' 26" W, continuing with the centerline of |
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Hatcherville Road, a distance of 378.70 feet to an ell corner of |
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this described tract; |
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THENCE, N 56° 17' 54" E, a distance of 2357.88 feet to a point for a |
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re-entrant corner of the herein described tract; THENCE, N 27° 55' |
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31" W, a distance of 3123.26 feet to another re-entrant corner of |
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the herein described tract; |
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THENCE, S 65° 15' 12" W, a distance of 2720.41 feet to a point in the |
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centerline of Hatcherville Road for an intermediate Southwesterly |
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corner of this tract; |
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THENCE, N 33° 56' 47" W, with the centerline of Hatcherville Road, a |
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distance of 113.27 feet to an angle point; THENCE, N 03° 12' 32" E, |
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continuing with the centerline of Hatcherville Road, a distance of |
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839.67 feet to an angle point; |
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THENCE, in a Northerly direction with the centerline of |
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Hatcherville Road as follows: |
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N 35degrees 10 minutes 03 seconds W, 1742.62 feet to an angle |
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point; |
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N 30 degrees 45 minutes 36 seconds W, 1505.27 feet to an angle |
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point; |
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N 12 degrees 27 minutes 46 seconds W, 524.96 feet to an angle |
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point; |
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N 10 degrees 36 minutes 06 seconds, 340.20 feet to an angle |
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point; |
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N 20 degrees 07 minutes 41 seconds W, 1443.46 feet to a point |
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in the North line of the herein mentioned "Tract Eight" for the |
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Northwest corner of this tract; |
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THENCE, N 81° 05' 29" E, at 95.76 feet pass a "1 1/2" iron pipe found |
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marking the Northeast corner of "Tract Eight" and the Northerly |
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Northwest corner of "Tract Six", referred to in aforementioned deed |
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dated August 16, 1956, and continuing with an existing fence, along |
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the North line of `Tract Six" a total distance of 5241.22 feet to a |
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point for an angle corner; |
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THENCE, S 77° 40' 37" E, with an existing fence, a distance of 168.58 |
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feet to the Northeast corner of 'Tract One" in the aforementioned |
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deed dated August 16, 1956; |
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THENCE, S 34° 09' 58" E, with an existing fence along the Easterly |
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line of "Tract One", a distance of 5035.60 feet to a 2 1/2" iron pipe |
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found at its Southeast corner and being the Southeast corner of this |
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described tract; |
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THENCE, S 56° 01' 47" W, with an existing fence along the Southerly |
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line of "Tract One", a distance of 676.76 feet to a 2 ½" iron pipe |
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found at the Northeast corner of "Tract Two", of the aforementioned |
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deed dated August 16, 1956, for a re-entrant corner of this |
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described tract; |
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THENCE, S 34° 05' 22" E, with an existing fence along the East line |
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of `Tract Two", a distance of 3472.60 feet to the PLACE OF |
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BEGINNING, and containing 1081.743 acres of land, more or less. |
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A 5 1/8" Iron Rod is set in concrete at all points called for unless |
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otherwise noted. |
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Tract 2: |
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1081.743 acres of land lying partly in Liberty County, Texas and |
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partly in Chambers County, Texas, out of the Herman Ehrenberg |
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Survey, A- 440, Liberty, and A-378, Chambers, Counties, G. C. & S. |
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F. R. R. Co., Section 19, A-458, J. T. Hayman Survey, A-598, and the |
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T. F. Pinckney Survey, A-1, S. F. 6769; the subject tract being part |
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of "Tract Four", "Tract Six", `"Tract Two" and "Tract Seven", |
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referred to in that certain deed from Ben Roshton and wife, Ruth |
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Roshton to J. M. Frost, Jr., dated August I6, 1956, and recorded in |
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Volume 448,Page 327, et seq. of the Deed Records of Liberty County, |
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Texas, and in Volume 180, Page 149, et seq. of the Deed Records of |
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Chambers County, Texas, and being more particularly described as |
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follows and in conformance with the Texas State Plane Coordinate |
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System, South Central Zone. |
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BEGINNING at a 2 1/2" iron pipe marked K-106 found at the Southwest |
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corner of "Tract Four" in that certain deed, dated August 16, 1956, |
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recorded in Volume 448, Page 327, et seq. of the Deed Records of |
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Liberty County, Texas and in Volume 180, Page 149 of the Deed |
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Records of Chambers County, Texas; said 2 ½" iron pipe having State |
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Plane Coordinates of X=3,280,868.46 and Y=763,503.66; |
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THENCE, N 14° 05' 51" W, along the West line of "Tract Four", a |
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distance of 5546.20 feet to a point for the Northwest corner of this |
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tract; |
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THENCE, N 76° 29' 31" E, with the centerline of a field road, a |
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distance of 2982.23 feet to a point of intersection with the |
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centerline of another field road running Northerly, for an ell |
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corner of this tract; |
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THENCE, N 20° 35' 58" W, with the centerline of a field road, a |
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distance of 558.73 feet to a point of intersection with the |
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centerline of a field road running Easterly for the Northernmost |
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Northwest corner of this tract; |
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THENCE, with the centerline of the field road a follows: |
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N 82 degrees 47 minutes 14 seconds E, 1728.29 feet to an angle |
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point; |
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N 68 degrees 08 minutes 55 seconds E. 1940.49 feet to an angle |
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point; |
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N 60 degrees 48 minutes 01 seconds E, 764.86 feet to a point |
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of intersection with the centerline of Hatcherville Road for the |
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most Northerly corner of this tract; |
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THENCE, S 03° 12' 32" W, with the centerline of Hatcherville Road, a |
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distance of 154.30 feet to an angle point; |
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THENCE, S 33° 56' 47" E, continuing with the centerline of |
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Hatcherville Road, a distance of 2173.82 feet to a point for a |
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re-entrant corner of this described tract; |
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THENCE, N 60° 46' 20" E, a distance of 2500.77 feet to a point for the |
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Easternmost Northeast corner of this described tract; |
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THENCE, S 27° 55' 31" E, a distance of 1281.37 feet to a point for the |
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Easternmost Southeast corner of this described tract; |
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THENCE, S 56° 17' 54" W, a distance of 2357.88 feet to a point in the |
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centerline of Hatcherville Road for another re-entrant corner of |
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this described tract; |
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THENCE, S 33° 21' 26" E, with the centerline of Hatcherville Road, a |
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distance of 378.70 feet to a point for the East corner of "Tract |
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Seven" in that herein aforementioned deed dated August 16, 1956, |
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and the Easternmost corner of this described tract; |
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THENCE, S 56° 25' 49" W, with an existing fence along the Southerly |
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line of "Tract Seven", a distance of 2286.85 feet to a point for the |
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Southwest corner of said tract in the East line of the herein |
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aforementioned "Tract Four", for a re-entrant corner of this |
|
described tract; |
|
THENCE, S 14° 40' 09" E, with an existing fence along the East line |
|
of said 'Tract Four", a distance of 1650.91 feet to a 2 1/2" iron |
|
pipe found at the most Southerly Southeast corner of said tract, for |
|
the Southeast corner of this tract; |
|
THENCE, S 76° 05' 00" W, with an existing fence along the South line |
|
of "Tract Four", a distance of 6472.45 feet to the PLACE OF |
|
BEGINNING, and containing 1081.743 acres of land, more or less. |
|
A 5/8" Iron Rod is set in concrete at all points called for unless |
|
otherwise noted. |
|
SAVE and EXCEPT 5.00 acres described in a deed dated March 27, 1996, |
|
executed by Mrs. W. H. Keenan et al to Rio Cabeza, L. C. recorded in |
|
Volume 1610, Page 580 of the Official Public Records of Liberty |
|
County, Texas, said tract of land being further described as |
|
follows: |
|
Being a 5.000 acre tract of land located in the Gulf Coast and Santa |
|
Fe Railroad Co. survey, Section 19, Abstract 458, Liberty County, |
|
Texas; said 5.000 acre tract of land being out of a called 1081.743 |
|
acre tract of land recorded in Volume 1436, Page 680 of the Deed |
|
Records of Liberty County, said 5.000 acre tract being more |
|
particularly described by metes and bounds as follows (all bearings |
|
are referenced to the Texas Coordinate System, South Central Zone): |
|
COMMENCING at a 5/8" iron rod found for the Southeast corner of said |
|
1,081.743 acre tract, said corner being in Hatcherville Road; |
|
THENCE, with a northeast line of said 1081.743 acre tract, North 33° |
|
21' 26" West, a distance of 378.70 to a 5/8" iron rod found for an |
|
interior corner of said 1081.743 acre tract; |
|
THENCE, leaving said northeast line and crossing said 1081.743 acre |
|
tract, North 33° 56' 51" West, a distance of 1469.95 feet to an |
|
interior corner of said 1081.743 acres from which a 5/8" iron rod |
|
found bears South 33° 01' 50" East, a distance of 6.20 feet; |
|
THENCE, leaving said northeast line, North 85° 30' 12" West, a |
|
distance of 180.93 to a 5/8" iron rod with plastic cap stamped |
|
"COSTELLO Inc. RPLS 4416" set for the East corner and POINT OF |
|
BEGINNING of the herein described tract; |
|
THENCE, South 52° 48' 13" West, a distance of 330.00 feet to a 5/8" |
|
iron rod with plastic cap stamped "COSTELLO Inc. RPLS 4416" set for |
|
the South corner of herein described tract; |
|
THENCE, North 37° 11' 47" West, a distance of 660.00 feet to a 5/8" |
|
iron rod with plastic cap stamped "COSTELLO Inc. RPLS 4416" set for |
|
the West corner of herein described tract; |
|
THENCE, North 52° 48' 13" East, a distance of 330.00 feet to a 5/8" |
|
iron rod with plastic cap stamped "COSTELLO Inc. RPLS 4416" set for |
|
the North corner of herein described tract; |
|
THENCE, South 37° 11' 47" East; a distance of 660.00 feet to the |
|
POINT OF BEGINNING and containing 5.0000 acres of land. |
|
Tract 3: |
|
965.381 acres in the Herman Ehrenberg Survey, A-439, Herman |
|
Ehrenberg Survey, A-440, G.C.&S.F.R.R. Co., Section 19, A-458, and |
|
G.C.&S.F.R.R. Co., Section 20, in Liberty County, Texas, being part |
|
of "Tract Four", "Tract Five", "Tract Six" and "Tract Eight", |
|
referred to in that certain deed from Ben Roshton and wife, Ruth |
|
Roshton, to J. M. Frost, Jr., dated August 16, 1956, and recorded in |
|
Volume 448, Page 327, et seq., of the Deed Records of Liberty |
|
County, Texas, and being more particularly described as follows and |
|
in conformance with the Texas State Plane Coordinate System, South |
|
Central Zone: |
|
Beginning in the south line of the 290 acre J. R. Barber tract at the |
|
northwest corner of "Tract Five" described in that certain deed |
|
dated August 16, 1956, recorded in Volume 448, Page 327, et seq., of |
|
the Deed Records of Liberty County, Texas, said beginning point |
|
having State Plane Coordinates of X = 3,277,969.80 and Y = |
|
775,045.87; |
|
Thence N 76°06'06" E, along the south line of the said Barber tract |
|
with an existing fence along the north line of "Tract Five", a |
|
distance of 5870.58 feet to a point for the southwest corner of |
|
"Tract Eight" in the above mentioned deed dated August 16, 1956; |
|
Thence N 8°27'51" W, with an existing fence along the west line of |
|
"Tract Eight", a distance of 486.85 feet to a point in the west R. O. |
|
W. line of Hatcherville Road for the most northerly northwest |
|
corner of this tract; |
|
Thence N 81'05'29" E, with the north line of "Tract Eight" along the |
|
centerline of Hatcherville Road, a distance of 530.81 feet to a |
|
point in the centerline of Hatcherville Road, for the northeast |
|
corner of this tract, being the northwest corner of a tract of |
|
1081.743 acres conveyed pursuant to said Cause No. 23,872 to W. |
|
Scott Frost individually and as trustee of certain trusts; |
|
Thence in a southerly direction with the centerline of Hatcherville |
|
Road and along the west line of said 1081.743 acre tract as follows: |
|
S 20°07'41" E 1443.46 feet to an angle point; |
|
S 10°36'06" W 340.20 feet to an angle point; |
|
S 12°27'46" E 524.96 feet to an angle point; |
|
S 30°45'36" E 1505.27 feet to an angle point; |
|
S 35°10'03" E 1742.62 feet to an angle point; |
|
S 3°12'32" W 685.37 feet to a point for the southeast corner of this |
|
tract and the most northerly northeast corner of a tract of 1081.743 |
|
acres conveyed pursuant to said Cause No. 23,872 to Mrs. W. H. |
|
Keenan and W. H. Keenan as trustee of certain trusts; |
|
Thence and with the north line of said Keenan tract as follows; |
|
S 60°48'01" W 764.86 feet to an angle point marked by a 5/8" Iron Rod |
|
set in concrete, S 68°08'55" W 1940.49 feet to an angle point marked |
|
by a 5/8" Iron Rod set in concrete, S 82°47'14" W 1728.29 feet to a |
|
point for a re-entrant corner of this tract, marked by a 5/8" Iron |
|
Rod set in concrete, a northwest corner of the said Keenan tract; |
|
Thence S 20°35'58" E with a line of the said Keenan tract, a distance |
|
of 558.73 feet, to a point for the southernmost southeast corner of |
|
this tract, marked by a 5/8" Iron Rod set in concrete; |
|
Thence S 76°29'31" W along the north line of the said Keenan tract, a |
|
distance of 2982.23 feet to a point in the west line of "Tract Four" |
|
of the aforementioned deed dated August 16, 1956, for the southwest |
|
corner of this tract, marked by a 5/8" Iron Rod set in concrete, |
|
being the most westerly northwest corner of said Keenan tract, in |
|
the east line of the J. R. Barber land in the Hugh Morgan Survey; |
|
Thence N 14°05'51" W, with the said east line of the said J. R. |
|
Barber land and an existing fence along the west lines of "Tract |
|
Four" and "Tract Five", a distance of 6354.42 feet, to the Place of |
|
Beginning. |
|
Tract 4: |
|
116.362 acres in the G. C. & S. F. R.R. Co., Section 19, A-458, T. & |
|
N. O. R.R. Co., Section 3, A-381, and the J. T. Haymen Survey, |
|
A-598, in Liberty County, Texas, the subject tract being part of |
|
"Tract One", "Tract Two" and "Tract Six", referred to in that |
|
certain deed from Ben Roshton and wife, Ruth Roshton, to J. M. |
|
Frost, Jr., dated August 16, 1956, and recorded in Volume 448, Page |
|
327, et seq., of the Deed Records of Liberty County, Texas, and |
|
being more particularly described as follows and in conformance |
|
with the Texas State Plane Coordinate System, South Central Zone: |
|
Beginning at a point in the centerline of Hatcherville Road, said |
|
point located S 3°12'32" W 154.30 feet and S 33°56'47" E 113.27 feet |
|
from the southeast corner of the above described 965.381 acre |
|
tract, said beginning point having State Plane Coordinates of X = |
|
3,286,458.54 and Y = 771,167.09, is marked by a 5/8" Iron Rod set in |
|
concrete and is in the most westerly east line of the said Keenan |
|
1081.743 acre tract; |
|
Thence N 65°15'12" E along a boundary line of the W. Scott Frost et |
|
al 1,081.743 acre tract mentioned in the above description of the |
|
965.381 acre tract, a distance of 2720.41 feet to the northeast |
|
corner of this tract, marked by a 5/8" Iron Rod set in concrete, a |
|
corner of the said W. Scott Frost et al tract; |
|
Thence S 27°55'31" E with a boundary line of said W. Scott Frost et |
|
al tract a distance of 1841.89 feet to the southeast corner of this |
|
tract, marked by a 5/8" Iron Rod set in concrete, being the most |
|
easterly northeast corner of the Keenan tract mentioned in the |
|
above description of the 965.381 acre tract; |
|
Thence S, 60°46'20" W along a common line with said Keenan tract a |
|
distance of 2500.77 feet to a point in the centerline of |
|
Hatcherville Road for the southwest corner of this tract, marked by |
|
a 5/8" Iron Rod set in concrete; |
|
Thence N 33°56'47" W, with the centerline of Hatcher-ville Road and |
|
along a common line with said Keenan tract a distance of 2060.55 |
|
feet to the Place 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, 2007. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 4093 was passed by the House on May |
|
11, 2007, by the following vote: Yeas 144, Nays 0, 2 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 4093 was passed by the Senate on May |
|
23, 2007, by the following vote: Yeas 31, Nays 0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: _____________________ |
|
Date |
|
|
|
_____________________ |
|
Governor |