This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

 
 
  H.B. No. 4134
 
 
 
 
AN ACT
  relating to the creation of the Harris County Improvement District
  No. 10; providing authority to 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 3860 to read as follows:
  CHAPTER 3860.  HARRIS COUNTY IMPROVEMENT DISTRICT NO. 10
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 3860.001.  DEFINITIONS.  In this chapter:
               (1)  "Board" means the board of directors of the
  district.
               (2)  "District" means the Harris County Improvement
  District No. 10.
         Sec. 3860.002.  NATURE OF DISTRICT.  The district is a
  special district created under Section 59, Article XVI, Texas
  Constitution.
         Sec. 3860.003.  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 Harris
  County, the City of Houston, the Metropolitan Transit Authority of
  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.
         (b)  The creation of the district is necessary to promote,
  develop, encourage, and maintain employment, commerce,
  transportation, parking, housing, recreation, the arts, 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 Houston from
  providing the level of services provided as of September 1, 2007, 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. 3860.004.  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)  Each improvement project or service authorized by this
  chapter is essential to carry out a public purpose.
         (d)  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.
         (e)  The district will:
               (1)  promote the health, safety, and general welfare of
  residents, employers, 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 area as a residential neighborhood and a commercially viable
  area;
               (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;
               (4)  promote and benefit commercial development and
  commercial areas in the district; and
               (5)  promote and develop public transportation and
  pedestrian facilities and systems using new and alternative means
  that are attractive, safe, and convenient, including securing
  expanded and improved transportation and pedestrian facilities and
  systems, to:
                     (A)  address the problem of traffic congestion in
  the district, the need to control traffic and improve pedestrian
  safety, and the limited availability of money; and
                     (B)  benefit the land and other property in the
  district and the residents, employers, employees, visitors, and
  consumers in the district and the public.
         (f)  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.
         (g)  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. 3860.005.  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 3860.111; 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:
               (1)  the district's organization, existence, and
  validity;
               (2)  the district's right to issue any type of bond,
  including a refunding bond, for a purpose for which the district is
  created or to pay the principal of and interest on the bond;
               (3)  the district's right to impose and collect an
  assessment or tax; or
               (4)  the legality or operation of the district or the
  board.
         (c)  A description of the district's boundaries shall be
  filed with the Texas Commission on Environmental Quality. The
  commission by order may correct a mistake in the description of the
  district's boundaries.
         Sec. 3860.006.  APPLICABILITY OF MUNICIPAL MANAGEMENT
  DISTRICTS LAW.  Except as otherwise provided by this chapter,
  Chapter 375, Local Government Code, applies to the district.
         Sec. 3860.007.  LIBERAL CONSTRUCTION OF CHAPTER.  This
  chapter shall be liberally construed in conformity with the
  findings and purposes stated in this chapter.
  [Sections 3860.008-3860.050 reserved for expansion]
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 3860.051.  COMPOSITION; TERMS.  (a)  The district is
  governed by a board of 14 voting directors who serve staggered terms
  of four years, with seven directors' terms expiring June 1 of each
  odd-numbered year.
         (b)  The board by order or resolution may increase or
  decrease the number of voting directors on the board, but only if it
  is in the best interest of the district to do so. The board may not:
               (1)  increase the number of directors to more than 15;
  or
               (2)  decrease the number of directors to fewer than
  five.
         Sec. 3860.052.  APPOINTMENT OF DIRECTORS. The mayor and
  members of the governing body of the City of Houston 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.
         Sec. 3860.053.  NONVOTING DIRECTORS. (a)  The following
  persons serve as nonvoting directors:
               (1)  the directors of the following departments of the
  City of Houston or a person designated by that director:
                     (A)  parks and recreation;
                     (B)  planning and development; and
                     (C)  public works; and
               (2)  the City of Houston'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. 3860.054.  QUORUM.  (a)  A majority of the board is a
  quorum.
         (b)  Nonvoting directors and vacant director positions are
  not counted for the purposes of establishing a board quorum.
         Sec. 3860.055.  CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT.
  (a)  Except as provided by this section:
               (1)  a director may participate in all board votes and
  decisions; and
               (2)  Chapter 171, Local Government Code, governs
  conflicts of interest for directors.
         (b)  Section 171.004, Local Government Code, does not apply
  to the district. A director who has a substantial interest in a
  business or charitable entity that will receive a pecuniary benefit
  from a board action shall file a one-time affidavit declaring the
  interest. An additional affidavit is not required if the
  director's interest changes. After the affidavit is filed with the
  board secretary, the director may participate in a discussion or
  vote on that action if:
               (1)  a majority of the directors have a similar
  interest in the same entity; or
               (2)  all other similar business or charitable entities
  in the district will receive a similar pecuniary benefit.
         (c)  A director who is also an officer or employee of a public
  entity may not participate in the discussion of or vote on a matter
  regarding a contract with that public entity.
         (d)  For purposes of this section, a director has a
  substantial interest in a charitable entity in the same manner that
  a person would have a substantial interest in a business entity
  under Section 171.002, Local Government Code.
         Sec. 3860.056.  COMPENSATION OF VOTING DIRECTORS.  Voting
  directors may receive fees of office and reimbursement of expenses
  as provided by Section 49.060, Water Code.
         Sec. 3860.057.  INITIAL VOTING DIRECTORS. (a)  The initial
  board consists of the following voting directors:
 
Pos. No. Name of Director
 
  1 Vivian Harris
 
  2 Homer Clark
 
  3 Rita Foretich
 
  4 Lance Gilliam
 
  5 Melva Thorton
 
  6 Eileen Barrett Williams
 
  7 Rhonda Jordan
 
  8 Willie Belle Boone
 
  9 Rev. Wallace Lockett
 
  10 Rev. Jefferson
 
  11 Anganette Young
 
  12 Theldon Branch
 
  13 Mark O'Sikes
 
  14 Keith Wade
         (b)  Of the initial voting directors, the terms of directors
  appointed for even-numbered positions expire June 1, 2009, and the
  terms of directors appointed for odd-numbered positions expire June
  1, 2011.
         (c)  Section 3860.052 does not apply to this section.
         (d)  This section expires September 1, 2011.
  [Sections 3860.058-3860.100 reserved for expansion]
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 3860.101.  GENERAL DISTRICT POWERS.  The district has
  all powers necessary to accomplish the purposes for which the
  district was created.
         Sec. 3860.102.  DEVELOPMENT CORPORATION AND HOUSING
  CORPORATION 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, and maintain the 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. 3860.103.  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, for the same term as,
  and on the same conditions as the board of directors of a local
  government corporation created under Chapter 431, Transportation
  Code.
         Sec. 3860.104.  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. 3860.105.  CONTRACT FOR LAW ENFORCEMENT SERVICES.  To
  protect the public interest, the district may contract with:
               (1)  Harris County or the City of Houston for the county
  or the city to provide law enforcement services in the district for
  a fee; and
               (2)  a private entity for the private entity to provide
  supplemental security services.
         Sec. 3860.106.  APPROVAL BY CITY OF HOUSTON.  (a)  Except as
  provided by Subsection (b), the district must obtain the approval
  of the City of Houston's governing body for:
               (1)  the issuance of a bond for each improvement
  project;
               (2)  the plans and specifications of the improvement
  project financed by the bond; and
               (3)  the plans and specifications of any district
  improvement project related to the use of land owned by the City of
  Houston, an easement granted by the City of Houston, or a
  right-of-way of a street, road, or highway.
         (b)  If the district obtains the approval of the City of
  Houston'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 Houston.
         Sec. 3860.107.  MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
  district may join and pay dues to an organization that:
               (1)  is an organization exempt from taxation under
  Section 501(a), Internal Revenue Code of 1986, as an organization
  described by Section 501(c)(3), (4), or (6) of that code; and
               (2)  performs a service or provides an activity
  consistent with the furtherance of a district purpose.
         Sec. 3860.108.  ROAD POWERS.  The district may exercise the
  powers given to:
               (1)  a road district created under Chapter 257,
  Transportation Code; and
               (2)  a road utility district created under Chapter 441,
  Transportation Code.
         Sec. 3860.109.  AIR RIGHTS; CONSTRUCTION.  The district may
  acquire air rights and may construct improvements on property on
  which it only owns air rights.
         Sec. 3860.110.  ADDITIONAL PROPERTY RIGHTS; LEASEHOLDS.  The
  district may construct improvements on property on which it only
  has a leasehold interest and may own undivided interests in
  buildings and other improvements.
         Sec. 3860.111.  DIVISION OF DISTRICT. (a) The district
  shall be divided into two districts only if the district is not
  imposing ad valorem taxes.
         (b)  Not later than the 60th day after the effective date of
  the Act creating this chapter, the board shall adopt an order
  dividing the district into two districts. The original district
  includes all district territory not included in the new district.
  The new district includes all the territory included in state
  representative district 131 on the date the division is effective.
  Neither district may request consent to its creation from the City
  of Houston until the order dividing the district is adopted.
         (c)  After the division of the district:
               (1)  the original district is governed by a board of
  seven voting directors consisting of the directors appointed to
  positions 8 through 14; and
               (2)  the new district is governed by a board of seven
  voting directors consisting of the directors appointed to positions
  one through seven of the original district.
         (d)  An order dividing the district must:
               (1)  name the new district;
               (2)  describe the boundaries of the new district;
               (3)  name the initial directors of the new district;
  and
               (4)  divide the assets and liabilities in any manner
  between the new district and the original district.
         (e)  Not later than the 10th day after the date the board
  adopts the order, the district shall file the order with the Texas
  Commission on Environmental Quality and record the order in the
  real property records of Harris County.
         (f)  The new district has all the powers and duties of the
  district.
         Sec. 3860.112.  NO EMINENT DOMAIN POWER.  The district may
  not exercise the power of eminent domain.
  [Sections 3860.113-3860.150 reserved for expansion]
  SUBCHAPTER D. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES
         Sec. 3860.151.  PUBLIC TRANSIT SYSTEM.  The district may
  acquire, lease as lessor or lessee, construct, develop, own,
  operate, and maintain a public transit system to serve the area in
  the district.
         Sec. 3860.152.  PARKING FACILITIES AUTHORIZED; OPERATION BY
  PRIVATE ENTITY; TAX EXEMPTION.  (a)  The district may acquire, lease
  as lessor or lessee, construct, develop, own, operate, and maintain
  parking facilities, including:
               (1)  lots, garages, parking terminals, or other
  structures or accommodations for the parking of motor vehicles; and
               (2)  equipment, entrances, exits, fencing, and other
  accessories necessary for safety and convenience in the parking of
  vehicles.
         (b)  A parking facility of the district must be either leased
  to or operated on behalf of the district by a private entity or an
  entity other than the district. The district's parking facilities
  are a program authorized by the legislature under Section 52-a,
  Article III, Texas Constitution, and accomplish a public purpose
  under that section even if leased or operated by a private entity
  for a term of years.
         (c)  The district's public parking facilities and any lease
  to a private entity are exempt from the payment of ad valorem taxes
  and state and local sales and use taxes.
         Sec. 3860.153.  RULES.  The district may adopt rules
  covering its public transit system or its public parking facilities
  except that a rule relating to or affecting the use of the public
  right-of-way or a requirement for off-street parking is subject to
  all applicable municipal charter, code, or ordinance requirements.
         Sec. 3860.154.  FINANCING OF PUBLIC TRANSIT SYSTEM OR
  PARKING FACILITIES.  (a) The district may use any of its resources,
  including revenue, assessments, taxes, and grant or contract
  proceeds, to pay the cost of acquiring and operating a public
  transit system or public parking facilities.
         (b)  The district may set and impose fees, charges, or tolls
  for the use of the public transit system or the public parking
  facilities and may issue bonds or notes to finance the cost of these
  facilities.
         (c)  If the district pays for or finances the cost of
  acquiring or operating a public transit system or public parking
  facilities with resources other than assessments, a petition of
  property owners or a public hearing is not required.
         Sec. 3860.155.  AGREEMENT WITH RAPID TRANSIT AUTHORITY.  (a)  
  In this section, "authority" means a rapid transit authority
  created under Chapter 451, Transportation Code.
         (b)  The district and an authority may agree to jointly
  construct, own, operate, and maintain a transit facility or a
  parking facility under the terms the authority and district desire.
         (c)  The agreement may provide that the district and the
  authority exchange or trade land provided that each party to the
  agreement receives fair market value.  The authority is not
  required to offer any property that it proposes to trade to the
  district for sale to the public or for sale to any abutting property
  owner.
  [Sections 3860.156-3860.200 reserved for expansion]
  SUBCHAPTER E.  FINANCIAL PROVISIONS
         Sec. 3860.201.  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. 3860.202.  PETITION REQUIRED FOR FINANCING SERVICES AND
  IMPROVEMENTS. (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)  A petition requesting a project financed by assessment
  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 Harris County; or
               (2)  at least 25 owners of real property in the district
  that will be subject to the assessment, if more than 25 persons own
  real property subject to the assessment in the district according
  to the most recent certified tax appraisal roll for Harris County.
         Sec. 3860.203.  MAINTENANCE TAX.  (a)  If authorized at an
  election held in accordance with Section 3860.208, the district may
  impose an annual ad valorem tax on taxable property in the district
  to:
               (1)  administer the district;
               (2)  maintain and operate the district;
               (3)  construct or acquire improvements; or
               (4)  provide a service.
         (b)  The board shall determine the tax rate.
         (c)  An owner of real property in the district, except
  property exempt under the Texas or United States Constitution or
  under the Tax Code, is liable for the payment of ad valorem taxes
  imposed by the district on the property.
         Sec. 3860.204.  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. 3860.205.  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. 3860.206.  BONDS AND OTHER OBLIGATIONS. (a)  The
  district may issue bonds or other obligations payable wholly or
  partly from assessments, impact fees, revenue, grants, or other
  money of the district, or any combination of those sources of money,
  to pay for any authorized district purpose.
         (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.
         Sec. 3860.207.  LIMIT ON PARKS AND RECREATION BONDS.  Bonds
  issued to finance parks and recreational facilities may not exceed
  one percent of the assessed value of the real property in the
  district according to the most recent certified tax appraisal roll
  for Harris County.
         Sec. 3860.208.  TAX AND BOND ELECTIONS. (a)  The district
  shall hold an election in the manner provided by Subchapter L,
  Chapter 375, Local Government Code, to obtain voter approval before
  the district imposes a maintenance tax or issues bonds payable from
  ad valorem taxes.
         (b)  The board may not include more than one purpose in a
  single proposition at an election.
         (c)  Section 375.243, Local Government Code, does not apply
  to the district.
         Sec. 3860.209.  POWERS OF MUNICIPAL UTILITY DISTRICT TO
  ESTABLISH DEFINED AREAS AND DESIGNATED PROPERTY; TAXES; BONDS. (a)  
  The district has the powers of a municipal utility district under
  Subchapter J, Chapter 54, Water Code, including the power to:
               (1)  implement a plan adopted under that subchapter;
               (2)  issue bonds; and
               (3)  impose a tax in a defined area established under
  that subchapter.
         (b)  The district may exercise the powers described by
  Subsection (a) regardless of whether the district is composed of
  the minimum number of acres provided by Section 54.801, Water Code.
         Sec. 3860.210.  MUNICIPALITY NOT REQUIRED TO PAY DISTRICT
  OBLIGATIONS.  Except as provided by Section 375.263, Local
  Government Code, a municipality is not required to pay a bond, note,
  or other obligation of the district.
         Sec. 3860.211.  COMPETITIVE BIDDING.  Section 375.221, Local
  Government Code, applies to the district only for a contract that
  has a value greater than $25,000.
  [Sections 3860.212-3860.250 reserved for expansion]
  SUBCHAPTER F.  DISSOLUTION
         Sec. 3860.251.  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.  BOUNDARIES. As of the effective date of this
  Act, the Harris County Improvement District No. 10 includes all
  territory generally bounded by the following described area:
         Beginning at a point on the North at the intersection of
  Almeda and the 610 South Loop, thence in an easterly direction along
  the centerline of the 610 South Loop to the intersection of the 610
  South Loop and MLK; thence in a southerly direction along the
  centerline of MLK to the intersection of MLK and E. Orem; thence in
  a westerly direction along the centerline of E. Orem to the
  intersection of E. Orem and Cullen; thence in a southerly direction
  along the centerline of Cullen to the intersection of Cullen and
  Almeda-Genoa; thence in a westerly direction along the centerline
  of Almeda-Genoa to the intersection of Almeda-Genoa and Almeda;
  thence in a northerly direction to the intersection of Almeda and
  the 610 South Loop.
         SECTION 3.  REIMBURSEMENT FOR COST OF CREATION.  The Harris
  County Improvement District No. 10 may reimburse the cost of
  creating the district from assessments or other revenue created by
  the district.
         SECTION 4.  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 5.  INAPPLICABILITY OF NOTICE LAW.  Section 313.006,
  Government Code, does not apply to this Act.
         SECTION 6.  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. 4134 was passed by the House on May
  17, 2007, by the following vote:  Yeas 143, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 4134 on May 25, 2007, by the following vote:  Yeas 134, Nays 5,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 4134 was passed by the Senate, with
  amendments, on May 22, 2007, by the following vote:  Yeas 30, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor