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AN ACT
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relating to the creation of the Harris County Improvement District |
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No. 8; providing authority to impose a tax and issue bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. LEGISLATIVE FINDINGS. (a) The legislature |
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finds that the Harris County Improvement District No. 8 is created |
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under the general authority of the Texas Legislature to legislate |
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for the public good. |
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(b) The legislature further finds that: |
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(1) the area of the proposed Harris County Improvement |
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District No. 8 is in an area that will develop into one of the |
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state's most dynamic activity centers and will be the location of |
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numerous commercial, office, retail, and residential buildings; |
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(2) the area is presently served with an inadequate |
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public transportation system and has an inadequate system of |
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streets and public parking facilities; |
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(3) residents, workers, visitors, customers, and |
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other persons accessing the area must primarily use motor vehicles, |
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which use will place an undue burden on the street system in the |
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district and result in severe congestion that retards mobility of |
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persons and property and impairs the use of the area as one of the |
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state's primary economic and business centers; |
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(4) the absence of an adequate system of parking |
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facilities, including park and ride facilities, discourages the use |
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of public transportation and further aggravates vehicular |
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congestion in the area; |
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(5) motor vehicles are generally powered by internal |
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combustion engines that emit pollutants into the air, which results |
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in dangers to the public health and welfare; |
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(6) the proliferation of the use of motor vehicles for |
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passenger transportation in the area will be caused in substantial |
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part by the absence of an adequate public transportation system and |
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an adequate system or network of public parking facilities; |
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(7) provision of an adequate system of public parking |
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facilities and public transit and transportation facilities will |
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accomplish the public purposes of Section 52-a, Article III, Texas |
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Constitution, by stimulating transportation and commerce in the |
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area and in the state and will serve the further public purpose of |
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reducing the pollutants discharged into the air, thus reducing the |
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threat to the public health and welfare and preserving and |
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conserving the natural resources of this state as mandated by |
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Section 59, Article XVI, Texas Constitution; and |
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(8) in order for the area to have an adequate public |
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transit system and an adequate system of public parking it will be |
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necessary for the district to be able to take advantage of all |
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public and private funds and opportunities available and be |
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empowered to contract with other public agencies and with private |
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entities to jointly provide the systems. |
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SECTION 2. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 8. |
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Subtitle C, Title 4, Special District Local Laws Code, is amended by |
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adding Chapter 3848 to read as follows: |
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CHAPTER 3848. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 8 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3848.001. 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 Harris County Improvement |
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District No. 8. |
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Sec. 3848.002. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 8. |
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The Harris County Improvement District No. 8 is a special district |
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created under Section 59, Article XVI, Texas Constitution. |
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Sec. 3848.003. 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 Harris |
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County, the City of Houston, the Metropolitan Transit Authority of |
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Harris County, 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 transportation, parking, housing, |
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recreation, the arts, safety, scenic beauty, and the public welfare |
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in the area of the district. |
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(c) This chapter and the creation of the district may not be |
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interpreted to relieve Harris County or the City of Houston from |
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providing the level of services provided as of September 1, 2007, to |
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the area in the district. The district is created to supplement and |
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not to supplant the county or city services provided in the area in |
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the district. |
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Sec. 3848.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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(a) 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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district residents and 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 area as a residential neighborhood and a commercially viable |
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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, and street art objects are parts of and necessary |
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components of a street and are considered to be a street or road |
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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. 3848.005. DISTRICT TERRITORY. The district is |
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composed of the territory described by Section 3 of the Act |
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enacting this chapter, as that territory may have been modified |
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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. 3848.006. 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. 3848.007. 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 3848.008-3848.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3848.051. COMPOSITION; TERMS. (a) The district is |
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governed by a board of nine voting directors who serve staggered |
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terms of four years, with four or five directors' terms expiring |
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June 1 of each odd-numbered year. |
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(b) The board by resolution may increase or decrease the |
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number of voting directors on the board, but only if it is in the |
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best interest of the district to do so. The board may not: |
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(1) increase the number of directors to more than |
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nine; or |
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(2) decrease the number of directors to fewer than |
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five. |
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Sec. 3848.052. APPOINTMENT OF DIRECTORS. The mayor and |
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members of the governing body of the City of Houston shall appoint |
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voting directors from persons recommended by the board. A person is |
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appointed if a majority of the members of the governing body, |
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including the mayor, vote to appoint that person. |
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Sec. 3848.053. NONVOTING DIRECTORS. (a) The following |
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persons serve as nonvoting directors: |
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(1) the directors of the following departments of the |
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City of Houston or a person designated by that director: |
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(A) parks and recreation; |
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(B) planning and development; and |
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(C) public works; and |
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(2) the City of Houston's chief of police. |
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(b) If a department described by Subsection (a) is |
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consolidated, renamed, or changed, the board may appoint a director |
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of the consolidated, renamed, or changed department as a nonvoting |
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director. If a department described by Subsection (a) is |
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abolished, the board may appoint a representative of another |
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department that performs duties comparable to those performed by |
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the abolished department. |
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Sec. 3848.054. QUORUM. (a) A majority of the board is a |
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quorum. |
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(b) Nonvoting directors and vacant director positions are |
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not counted for the purposes of establishing a board quorum. |
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Sec. 3848.055. COMPENSATION OF VOTING DIRECTORS. Voting |
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directors may receive fees of office and reimbursement of expenses |
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as provided by Section 49.060, Water Code. |
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Sec. 3848.056. INITIAL VOTING DIRECTORS. (a) The initial |
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board consists of the following voting directors: |
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Pos. No. |
Name of Director |
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8 |
Tiffany Bingham-Briscoe |
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(b) Of the initial voting directors, the terms of directors |
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appointed for positions 1 through 5 expire June 1, 2009, and the |
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terms of directors appointed for positions 6 through 9 expire June |
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1, 2011. |
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(c) Section 3848.052 does not apply to this section. |
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(d) This section expires September 1, 2011. |
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[Sections 3848.057-3848.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3848.101. DEVELOPMENT CORPORATION AND HOUSING |
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CORPORATION POWERS OF DISTRICT. The district may exercise the |
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powers given to: |
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(1) a corporation under Section 4B, Development |
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Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil |
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Statutes), including the power to own, operate, acquire, construct, |
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lease, improve, and maintain the projects described by that |
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section; and |
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(2) a housing finance corporation under Chapter 394, |
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Local Government Code, to provide housing or residential |
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development projects in the district. |
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Sec. 3848.102. 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, for the same term as, |
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and on the same conditions as the board of directors of a local |
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government corporation created under Chapter 431, Transportation |
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Code. |
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Sec. 3848.103. 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. 3848.104. CONTRACT FOR LAW ENFORCEMENT SERVICES. To |
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protect the public interest, the district may contract with Harris |
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County or the City of Houston for the county or the city to provide |
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law enforcement services in the district for a fee. |
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Sec. 3848.105. APPROVAL BY CITY OF HOUSTON. (a) Except as |
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provided by Subsection (b), the district must obtain the approval |
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of the City of Houston's governing body for: |
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(1) the issuance of a bond for each improvement |
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project; |
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(2) the plans and specifications of the improvement |
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project financed by the bond; and |
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(3) the plans and specifications of any district |
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improvement project related to the use of land owned by the City of |
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Houston, an easement granted by the City of Houston, or a |
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right-of-way of a street, road, or highway. |
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(b) If the district obtains the approval of the City of |
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Houston's governing body of a capital improvements budget for a |
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period not to exceed five years, the district may finance the |
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capital improvements and issue bonds specified in the budget |
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without further approval from the City of Houston. |
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Sec. 3848.106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
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district may join and pay dues to an organization that: |
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(1) enjoys tax-exempt status under Section 501(c)(3), |
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(4), or (6), Internal Revenue Code of 1986; and |
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(2) performs a service or provides an activity |
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consistent with the furtherance of a district purpose. |
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Sec. 3848.107. ROAD POWERS. The district may exercise the |
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powers given to: |
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(1) a road district created under Chapter 257, |
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Transportation Code; and |
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(2) a road utility district created under Chapter 441, |
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Transportation Code. |
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Sec. 3848.108. AIR RIGHTS; CONSTRUCTION. The district may |
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acquire air rights and may construct improvements on property on |
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which it only owns air rights. |
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Sec. 3848.109. ADDITIONAL PROPERTY RIGHTS; LEASEHOLDS. The |
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district may construct improvements on property on which it only |
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has a leasehold interest and may own undivided interests in |
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buildings and other improvements. |
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Sec. 3848.110. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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[Sections 3848.111-3848.150 reserved for expansion] |
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SUBCHAPTER D. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES |
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Sec. 3848.151. PUBLIC TRANSIT SYSTEM. The district may |
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acquire, lease as lessor or lessee, construct, develop, own, |
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operate, and maintain a public transit system to serve the area |
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within the boundaries of the district. |
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Sec. 3848.152. PARKING FACILITIES AUTHORIZED; OPERATION BY |
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PRIVATE ENTITY; TAX EXEMPTION. (a) The district may acquire, |
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lease as lessor or lessee, construct, develop, own, operate, and |
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maintain parking facilities, including: |
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(1) lots, garages, parking terminals, or other |
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structures or accommodations for the parking of motor vehicles; and |
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(2) equipment, entrances, exits, fencing, and other |
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accessories necessary for safety and convenience in the parking of |
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vehicles. |
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(b) A parking facility of the district must be either leased |
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to or operated on behalf of the district by a private entity or an |
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entity other than the district. The district's parking facilities |
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are a program authorized by the legislature under Section 52-a, |
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Article III, Texas Constitution, and accomplish a public purpose |
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under that section even if leased or operated by a private entity |
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for a term of years. |
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(c) The district's public parking facilities and any lease |
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to a private entity are exempt from the payment of ad valorem taxes |
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and state and local sales and use taxes. |
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Sec. 3848.153. RULES. The district may adopt rules |
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covering its public transit system or its public parking facilities |
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except that a rule relating to or affecting the use of the public |
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right-of-way or a requirement for off-street parking is subject to |
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all applicable municipal charter, code, or ordinance requirements. |
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Sec. 3848.154. FINANCING OF PUBLIC TRANSIT SYSTEM OR |
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PARKING FACILITIES. (a) The district may use any of its |
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resources, including revenue, assessments, taxes, and grant or |
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contract proceeds, to pay the cost of acquiring and operating a |
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public transit system or public parking facilities. |
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(b) The district may set and impose fees, charges, or tolls |
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for the use of the public transit system or the public parking |
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facilities and may issue bonds or notes to finance the cost of these |
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facilities. |
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[Sections 3848.155-3848.200 reserved for expansion] |
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SUBCHAPTER E. FINANCIAL PROVISIONS |
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Sec. 3848.201. 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. 3848.202. MAINTENANCE TAX. (a) If authorized at an |
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election held in accordance with Section 3848.207, 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) administer the district; |
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(2) maintain and operate the district; |
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(3) construct or acquire improvements; or |
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(4) provide a service. |
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(b) The board shall determine the tax rate. |
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(c) An owner of real property in the district, except |
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property exempt under the Texas or United States Constitution or |
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under the Tax Code, is liable for the payment of ad valorem taxes |
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imposed by the district on the property. |
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Sec. 3848.203. ASSESSMENTS; LIENS FOR ASSESSMENTS. |
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(a) The board by resolution may impose and collect an assessment |
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for any purpose authorized by this chapter. |
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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. 3848.204. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND |
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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. 3848.205. BONDS AND OTHER OBLIGATIONS. (a) The |
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district may issue bonds or other obligations payable wholly or |
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partly from 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. 3848.206. LIMIT ON PARKS AND RECREATION BONDS. Bonds |
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issued to finance parks and recreational facilities may not exceed |
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one percent of the assessed value of the real property in the |
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district according to the most recent certified tax appraisal roll |
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for Harris County. |
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Sec. 3848.207. TAX AND BOND ELECTIONS. (a) The district |
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shall hold an election in the manner provided by Subchapter L, |
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Chapter 375, Local Government Code, to obtain voter approval before |
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the district imposes a maintenance tax or issues bonds payable from |
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ad valorem taxes. |
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(b) The board may not include more than one purpose in a |
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single proposition at an election. |
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Sec. 3848.208. MUNICIPALITY 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 municipality is not required to pay a bond, note, |
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or other obligation of the district. |
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[Sections 3848.209-3848.250 reserved for expansion] |
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SUBCHAPTER F. DISSOLUTION |
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Sec. 3848.251. 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 3. BOUNDARIES. As of the effective date of this |
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Act, the Harris County Improvement District No. 8 includes all |
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territory contained in the following described area: |
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METES AND BOUNDS DESCRIPTION OF 104.196 ACRES OF LAND IN THE JOHN |
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WALTERS SURVEY, ABSTRACT NUMBER 874 HOUSTON, HARRIS COUNTY, TEXAS. |
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104.196 acres (4,538,793 square feet) of land, being three |
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non-contiguous tracts, being all of Unrestricted Reserves "A", "B" |
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and "C" of Six Flags Astroworld, Replat No. 1, as recorded under |
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Film Code Number 580010 of Harris County Map Records, in the John |
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Walters Survey, Abstract Number 874, Houston, Harris County, Texas, |
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said 104.196 acres being more particularly described as follows |
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(bearings are based on the Texas State Plane Coordinate System, |
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South Central Zone (NAD 83), as derived from GPS observations based |
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on Continuously Operating Reference. Station (CORS) Houston 2 |
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(COH2)): |
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UNRESTRICTED RESERVE "A" 101.832 acres (4,435,829 square feet) |
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BEGINNING at a 5/8-Inch Iron rod found In the southerly |
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right-of-way line of Interstate Highway 610 (South Loop West) (350 |
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feet wide) as recorded In Harris County Clerk's File Number |
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B532643, for the most northerly northwest corner of said Reserve |
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"A" and the northeast corner of the residue of a called 7.697 acre |
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tract of land described in a deed to John Jay Davis. and James |
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Donahue Davis, as recorded under Harris County Clerk's File Number |
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N205522; |
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THENCE, along the southerly right-of-way line of said Interstate |
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Highway 610, as follows: |
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North 85 degrees 43 minutes 49 seconds East, a distance of 764.67 |
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feet, to a 3/4-inch iron rod with "CLR" cap found for a point of |
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curve; |
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Along the arc of a 5938.17 foot radius curve to the left, having a |
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central angle of 10 degrees 56 minutes 34 seconds, an arc length of |
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1134.11 feet, and a chord |
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which bears North 80 degrees 15 minutes 33 seconds East, a distance |
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of 1132.39 feet, to a 5/8-inch iron rod found for a point of |
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tangency; |
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North 74 degrees 47 minutes 16 seconds East, a distance of 474.85 |
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feet, to a 3/4-inch iron rod with "CLR" cap found for a point of |
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curve; |
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THENCE, leaving the southerly right-of-way line of said Interstate |
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Highway 610, along the arc of a 25.00 foot radius curve to the |
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right, having a central angle of 46 degrees 50 minutes 13 seconds, |
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an arc length of 20.44 feet, and a chord which bears South 81 |
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degrees 47 minutes 38 seconds East, a distance of 19..87 feet, to a |
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point for corner in the west right-of-way line of Fannin Street |
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(width varies) (comer unable to be set); |
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THENCE, along the westerly right-of-way line of said Fannin Street, |
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as follows: |
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South 03 degrees 37 minutes 26 seconds East, a distance of 13.64 |
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feet, to a point of curve (corner unable to be set); |
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Along the arc of a 3010.00 foot radius curve to the left, having a |
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central angle of 01 degree 13 minutes 03 seconds, an arc length of |
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63.96 feet, and a chord which bears South 04 degrees 13 minutes 57 |
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seconds East, a distance of 63.96 feet, to a 3/4-inch iron rod with |
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"CLR" cap found for a point of tangency; |
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South 04 degrees 50 minutes 28 seconds East, a distance of 212.17 |
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feet, to a 3/4-inch iron rod with "CLR" cap found for corner; |
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South 02 degrees 28 minutes 41 seconds East, a distance of 136.62 |
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feet, to a point for corner (corner unable to be set); |
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South 00 degrees 40 minutes 14 seconds East, a distance of 870.60 |
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feet, to a 5/8-inch iron rod with "Clarkson" cap found in the north |
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line of a called 6.289 acre tract of land described In a deed to |
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Metropolitan Transit Authority of Harris County, Texas, as recorded |
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under Harris County Clerk's File Number V491408, for the most |
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easterly southeast corner hereof; |
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THENCE, South 68 degrees 55 minutes 46 seconds West, a distance of |
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526.60 feet, leaving the westerly right-of-way line of said Fannin |
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Street, to a 5/8-inch iron rod found for the northwest corner of |
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said called 6.289 acre tract and for an interior corner hereof; |
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THENCE, South 16 degrees 48 minutes 57 seconds East, a distance of |
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592.88 feet, to a cut "X" in the top of a concrete wall found in the |
|
northerly right-of-way |
|
line of West Bellfort Avenue (width varies), for the southwest |
|
corner of said called 6.289 acre tract and the most southerly |
|
southeast corner hereof; |
|
THENCE, along the northerly right-of-way line of said West Bellfort |
|
Avenue, as follows; |
|
Along the arc of a 1094.45 foot radius non-tangent curve to the |
|
right, having a central angle of 04 degrees 38 minutes 31 seconds, |
|
an arc length of 88.67 feet, and a chord which bears South 84 |
|
degrees 25 minutes 50 seconds West, a distance of 88.65 feet, to a |
|
cut "X" in the top of a concrete wall found for a point of tangency; |
|
South 86 degrees 45 minutes 05 seconds West, a distance of 1296.70 |
|
feet, to a 3/4-inch Iron rod with "CLR" cap found for a point of |
|
curve; |
|
Along the arc of a 1960.00 foot radius curve to the right, having a |
|
central angle of 16 degrees 59 minutes 02 seconds, an arc length of |
|
580.99 feet, and a chord which bears North 84 degrees 45 minutes 24 |
|
seconds West, a distance of 578.87 feet, to a 3/4-inch iron rod with |
|
"CLR" cap found for a point of tangency; |
|
North 76 degrees 15 minutes 52 seconds West, a distance of 359.92 |
|
feet, to a 3/4-inch Iron rod with "CLR" cap found for a point of |
|
curve; |
|
Along the arc of a 2050.00 foot radius non-tangent curve to the |
|
left, having a central angle of 02 degrees 20 minutes 12 seconds, an |
|
arc length of 83.60 feet, and a chord which bears North 77 degrees |
|
34 minutes 45 seconds West, a distance of 83.59 feet, to a 3/4-inch |
|
iron rod with "CLR" cap found for a point of tangency; |
|
North 40 degrees 38 minutes 02 seconds West, a distance of 31.42 |
|
feet, to a 3/4-inch iron rod with "CLR" cap found for the northwest |
|
end of a cut-back at the northeast corner of the intersection of |
|
said West Bellfort Drive and Kirby Drive (width varies) for the most |
|
westerly southwest corner hereof; |
|
THENCE, North 02 degrees 27 minutes 33 seconds West, a distance of |
|
713.06 feet, along the easterly right-of-way line of said Kirby |
|
Drive, to a 5/8-inch iron rod found for the southwest corner of the |
|
aforementioned called 7.697 acre tract, and the most westerly |
|
northwest corner hereof; |
|
THENCE, North 86 degrees 33 minutes 51 seconds East, a distance of |
|
399.78 feet, leaving the easterly right-of-way line of said Kirby |
|
Drive, to a 3/4-Inch rod found for the southeast corner of said |
|
called 7.697 acre tract, and an interior corner hereof; |
|
THENCE, North 02 degrees 16 minutes 18 seconds West, a distance of |
|
848.62 feet, to the POINT OF BEGINNING and containing a computed |
|
area of 101.832 acres (4,435,829 square feet) of land in said. |
|
Unrestricted Reserve "A". |
|
UNRESTRICTED RESERVE "B" 1.909 acres (83,157 square feet) |
|
BEGINNING at a 5/8-Inch Iron rod found in the easterly right-of-way |
|
line of said Kirby Drive, for the northwest corner of Unrestricted |
|
Reserve "F" in Section I of South Point Business Park, as recorded |
|
in Volume 230, Page 136, Harris County Map Records, and the |
|
southwest corner hereof; |
|
THENCE, North 02 degrees 27 minutes 33 seconds West, a distance of |
|
145.37 feet, along the easterly right-of-way line of said Kirby |
|
Drive, to a point for corner in a power pole at the southwesterly |
|
end of a curve return at the southeast corner of the intersection of |
|
said Kirby Drive and the aforementioned West Bellfort Drive; |
|
THENCE, leaving the easterly right-of-way line of said Kirby Drive, |
|
along the arc of a 50.00 foot radius non-tangent curve to the right, |
|
having a central angle of 106 degrees 46 minutes 14 seconds, an arc |
|
length of 9317 feet, and a chord which bears North 50 degrees 41 |
|
minutes 45 seconds East, a distance of 80.27 feet, to a 3/4-inch |
|
iron rod with "CLR" cap found for a point of compound curve; |
|
THENCE, along the south right-of-way line of said West Bellfort |
|
Avenue, as follows; |
|
Along the arc of a 1950.00 foot radius curve to the right, having a |
|
central angle of 00 degrees 15 minutes 30 seconds, an arc length of |
|
8.79 feet, and a chord which bears South 76 degrees 23 minutes 37 |
|
seconds East, a distance of 8.79 feet, to a 3/4-inch iron rod with |
|
"CLR" cap found for a point of tangency; |
|
South 76 degrees 15 minutes 52 seconds East, a distance of 294.43 |
|
feet, to a 3/4-inch iron rod with "CLR" cap found for a point of |
|
curve; |
|
Along the arc of a 2040.00 foot radius non-tangent curve to the |
|
left, having a central angle of 16 degrees 59 minutes 03 seconds, an |
|
arc length of 604.71 feet, and a chord which bears South 84 degrees |
|
46 minutes 12 seconds East, a distance of 602.50 feet, to a 3/4-inch |
|
iron rod with "CLR" cap found for a point of tangency; |
|
North 86 degrees 44 minutes 17 seconds East, a distance of 88.58 |
|
feet, to a 3/4-inch Iron rod with "CLR" cap found for the northwest |
|
end of a cut-back corner at the southwest corner of the intersection |
|
of said West Bellfort Drive and Centerpoint Drive (60 feet wide); |
|
THENCE, South 47 degrees 54 minutes 45 seconds East, a distance of |
|
21.14 feet, leaving the south right-of-way line of said West |
|
Bellfort Drive, to a 3/4-inch iron rod with "CLR" cap found for the |
|
southeast end of said cut-back corner in the westerly right-of-way |
|
line of said Centerpoint Drive, the northeast corner of |
|
Unrestricted Reserve "B" in Section II of said South Point Business |
|
Park, and the southeast corner hereof; |
|
THENCE, South 86 degrees 44 minutes 26 seconds West, a distance of |
|
1056.25 feet, leaving the westerly right-of-way line of said |
|
Centerpoint Drive, with the north line of Section I and Section II |
|
of said South Point Business Park, to the POINT OF BEGINNING and |
|
containing a computed area of 1.909 acres (83,157 square feet) of |
|
land in said Unrestricted Reserve "B". |
|
UNRESTRICTED RESERVE "C" 0.455 acres (19,807 square feet) |
|
BEGINNING at a 3/4-inch iron rod with "CLR" cap found in the |
|
northerly right-of-way line of the aforementioned West Bellfort |
|
Drive, for the northwest corner of the residue of a Houston Lighting & |
|
Power Company Fee Strip, recorded in Volume 1781, Page 199, of the |
|
Harris County Deed Records, and the northeast corner hereof; |
|
THENCE, South 16 degrees 48 minutes 57 seconds East, a distance of |
|
19.94 feet, to a 1-inch galvanized iron pipe found in the north line |
|
of Unrestricted Reserve "A" in Section III of the aforementioned |
|
South Point Business Park, and the southeast corner hereof; |
|
THENCE, South 86 degrees 44 minutes 26 seconds West, a distance of |
|
1313.64 feet, along the north line Section III and Section II of |
|
said South Point Business Park, to a cut "X" set in the tip of a |
|
concrete culvert in the easterly right-of-way line of the |
|
aforementioned Centerpoint Drive, being the southwest end of |
|
a cut-back corner at the southeast corner of the Intersection of |
|
said West Bellfort Drive and said Centerpoint Drive and the |
|
southwest corner hereof; |
|
THENCE, North 42 degrees 05 minutes 15 seconds East, a distance of |
|
21.40 feet, to a 3/4-inch iron rod with "CLR" cap found in the |
|
southerly right-of-way line of said West Bellfort Drive, for the |
|
northeast end of said cut-back corner and the northwest corner |
|
hereof; |
|
THENCE, North 86 degrees 44 minutes 17 seconds East, a distance of |
|
1186.52 feet, along the southerly right-of-way line of said West |
|
Bellfort Drive, to a 3/4-inch iron rod with "CLR" cap found for a |
|
point of curve; |
|
THENCE, continuing along the southerly right-of-way fine of said |
|
West Bellfort Drive, along the arc of a 1341.97 foot radius curve to |
|
the left, having a central angle of 04 degrees 34 minutes 58 |
|
seconds, an arc length of 107.34 feet, and a chord which bears North |
|
84 degrees 26 minutes 48 seconds East, a distance of 107.31_feet, to |
|
the POINT OF BEGINNING and containing a computed area of 0.455 acres |
|
(19,807 square feet) of land in said Unrestricted Reserve "C", and |
|
containing a total aggregate area of 104.196 acres (4,538,793 |
|
square feet) of land. |
|
SECTION 4. REIMBURSEMENT FOR COST OF CREATION. The Harris |
|
County Improvement District No. 8 may reimburse the cost of |
|
creating the district from assessments or other revenues created by |
|
the district. |
|
SECTION 5. ADDITIONAL 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 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. |
|
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|
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______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 1123 passed the Senate on |
|
April 26, 2007, by the following vote: Yeas 31, Nays 0; |
|
May 21, 2007, Senate refused to concur in House amendment and |
|
requested appointment of Conference Committee; May 25, 2007, House |
|
granted request of the Senate; May 26, 2007, Senate adopted |
|
Conference Committee Report by the following vote: Yeas 30, |
|
Nays 0. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 1123 passed the House, with |
|
amendment, on May 17, 2007, by the following vote: Yeas 143, |
|
Nays 0, two present not voting; May 25, 2007, House granted request |
|
of the Senate for appointment of Conference Committee; |
|
May 26, 2007, House adopted Conference Committee Report by the |
|
following vote: Yeas 141, Nays 1, two present not voting. |
|
|
|
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______________________________ |
|
Chief Clerk of the House |
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|
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Approved: |
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______________________________ |
|
Date |
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|
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______________________________ |
|
Governor |