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.

 
 
  S.B. No. 2510
 
 
 
 
AN ACT
  relating to the creation of the Harris County Improvement District
  No. 18; providing authority to impose an assessment, impose a tax,
  and issue bonds.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 4, Special District Local Laws
  Code, is amended by adding Chapter 3879 to read as follows:
  CHAPTER 3879. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 18
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 3879.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a board member.
               (3)  "District" means the Harris County Improvement
  District No. 18.
         Sec. 3879.002.  NATURE OF DISTRICT. The Harris County
  Improvement District No. 18 is a special district created under
  Section 59, Article XVI, Texas Constitution.
         Sec. 3879.003.  PURPOSE; DECLARATION OF INTENT. (a)  The
  creation of the district is essential to accomplish the purposes of
  Sections 52 and 52-a, Article III, and Section 59, Article XVI,
  Texas Constitution, and other public purposes stated in this
  chapter. By creating the district and in authorizing the City of
  Houston, 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, housing, tourism, recreation, the arts,
  entertainment, economic development, safety, and the public
  welfare in the district.
         (c)  This chapter and the creation of the district may not be
  interpreted to relieve Harris County from providing the level of
  services provided, as of the effective date of the Act creating this
  chapter, to the area in the district. The district is created to
  supplement and not to supplant the county services provided in the
  area in the district.
         Sec. 3879.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
  (a)  The district is created to serve a public use and benefit.
         (b)  All land and other property included in the district
  will benefit from the improvements and services to be provided by
  the district under powers conferred by Sections 52 and 52-a,
  Article III, and Section 59, Article XVI, Texas Constitution, and
  other powers granted under this chapter.
         (c)  The creation of the district is in the public interest
  and is essential to:
               (1)  further the public purposes of developing and
  diversifying the economy of the state;
               (2)  eliminate unemployment and underemployment; and
               (3)  develop or expand transportation and commerce.
         (d)  The district will:
               (1)  promote the health, safety, and general welfare of
  residents, employers, employees, potential employees, visitors,
  and consumers in the district, and of the public;
               (2)  provide needed funding for the district to
  preserve, maintain, and enhance the economic health and vitality of
  the district territory as a community and business center;
               (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;
  and
               (4)  provide for water, wastewater, drainage, road, and
  recreational facilities for the district.
         (e)  Pedestrian ways along or across a street, whether at
  grade or above or below the surface, and street lighting, street
  landscaping, parking, and street art objects are parts of and
  necessary components of a street and are considered to be a street
  or road improvement.
         (f)  The district will not act as the agent or
  instrumentality of any private interest even though the district
  will benefit many private interests as well as the public.
         Sec. 3879.005.  INITIAL DISTRICT TERRITORY. (a)  The
  district is initially composed of the territory described by
  Section 2 of the Act creating this chapter.
         (b)  The boundaries and field notes contained in Section 2 of
  the Act creating this chapter form a closure. A mistake in the
  field notes or in copying the field notes in the legislative process
  does not affect the district's:
               (1)  organization, existence, or validity;
               (2)  right to issue any type of bond for the purposes
  for which the district is created or to pay the principal of and
  interest on the bond;
               (3)  right to impose or collect an assessment or tax; or
               (4)  legality or operation.
         Sec. 3879.006.  ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
  All or any part of the area of the district is eligible to be
  included in:
               (1)  a tax increment reinvestment zone created under
  Chapter 311, Tax Code;
               (2)  a tax abatement reinvestment zone created under
  Chapter 312, Tax Code; or
               (3)  an enterprise zone created under Chapter 2303,
  Government Code.
         Sec. 3879.007.  APPLICABILITY OF MUNICIPAL MANAGEMENT
  DISTRICTS LAW. Except as otherwise provided by this chapter,
  Chapter 375, Local Government Code, applies to the district.
         Sec. 3879.008.  LIBERAL CONSTRUCTION OF CHAPTER. This
  chapter shall be liberally construed in conformity with the
  findings and purposes stated in this chapter.
  [Sections 3879.009-3879.050 reserved for expansion]
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 3879.051.  GOVERNING BODY; TERMS. (a)  The district is
  governed by a board of five voting directors who serve staggered
  terms of four years, with two or three directors' terms expiring
  June 1 of each odd-numbered year.
         (b)  The board by resolution may change the number of voting
  directors on the board, but only if the board determines that the
  change is in the best interest of the district. The board may not
  consist of fewer than five or more than 15 voting directors.
         Sec. 3879.052.  APPOINTMENT OF DIRECTORS. The Texas
  Commission on Environmental Quality shall appoint voting directors
  from persons recommended by the board.
         Sec. 3879.053.  INITIAL VOTING DIRECTORS. (a)  The initial
  board consists of the following voting directors:
               Pos. No.  Name of Director
                     1    Robert DeForest
                     2    Burdette Keeland
                     3    Bobby Deden
                     4    Dwayne Mason
                     5    John Murphy
         (b)  Of the initial directors, the terms of directors
  appointed for positions 1 through 3 expire June 1, 2011, and the
  terms of directors appointed for positions 4 and 5 expire June 1,
  2013.
         (c)  Section 3879.052 does not apply to this section.
         (d)  This section expires September 1, 2014.
         Sec. 3879.054.  NONVOTING DIRECTORS. The board may appoint
  nonvoting directors to serve at the pleasure of the voting
  directors.
         Sec. 3879.055.  QUORUM. For purposes of determining the
  requirements for a quorum of the board, the following are not
  counted:
               (1)  a board position vacant for any reason, including
  death, resignation, or disqualification;
               (2)  a director who is abstaining from participation in
  a vote because of a conflict of interest; or
               (3)  a nonvoting director.
         Sec. 3879.056.  COMPENSATION. A director is entitled to
  receive fees of office and reimbursement for actual expenses as
  provided by Section 49.060, Water Code. Sections 375.069 and
  375.070, Local Government Code, do not apply to the board.
  [Sections 3879.057-3879.100 reserved for expansion]
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 3879.101.  DEVELOPMENT CORPORATION POWERS. The
  district may exercise the powers given to a development corporation
  under Chapter 505, Local Government Code, including the power to
  own, operate, acquire, construct, lease, improve, or maintain a
  project described by that chapter.
         Sec. 3879.102.  NONPROFIT CORPORATION. (a)  The board by
  resolution may authorize the creation of a nonprofit corporation to
  assist and act for the district in implementing a project or
  providing a service authorized by this chapter.
         (b)  The nonprofit corporation:
               (1)  has each power of and is considered for purposes of
  this chapter to be a local government corporation created under
  Chapter 431, Transportation Code; and
               (2)  may implement any project and provide any service
  authorized by this chapter.
         (c)  The board shall appoint the board of directors of the
  nonprofit corporation. The board of directors of the nonprofit
  corporation shall serve in the same manner as the board of directors
  of a local government corporation created under Chapter 431,
  Transportation Code, except that a board member is not required to
  reside in the district.
         Sec. 3879.103.  AGREEMENTS; GRANTS. (a)  The district may
  make an agreement with or accept a gift, grant, or loan from any
  person.
         (b)  The implementation of a project is a governmental
  function or service for the purposes of Chapter 791, Government
  Code.
         Sec. 3879.104.  AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT
  SERVICES. To protect the public interest, the district may
  contract with a qualified person, including Harris County or the
  City of Houston, for the provision of law enforcement services in
  the district for a fee.
         Sec. 3879.105.  MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
  district may join and pay dues to a charitable or nonprofit
  organization that performs a service or provides an activity
  consistent with the furtherance of a district purpose.
         Sec. 3879.106.  ECONOMIC DEVELOPMENT PROGRAMS. (a)  The
  district may establish and provide for the administration of one or
  more programs to promote state or local economic development and to
  stimulate business and commercial activity in the district,
  including programs to:
               (1)  make loans and grants of public money; and
               (2)  provide district personnel and services.
         (b)  The district has all of the powers of a municipality
  under Chapter 380, Local Government Code.
         Sec. 3879.107.  STRATEGIC PARTNERSHIP AGREEMENT. The
  district may negotiate and enter into a written strategic
  partnership with the City of Houston as provided by Section
  43.0751, Local Government Code.
         Sec. 3879.108.  NO EMINENT DOMAIN. The district may not
  exercise the power of eminent domain.
         Sec. 3879.109.  USE OF CONDUITS. (a)  The district may
  finance, acquire, construct, improve, operate, maintain, or charge
  a fee for the use of district conduits for:
               (1)  fiber-optic cable;
               (2)  electronic transmission lines; or
               (3)  other types of transmission lines and supporting
  facilities.
         (b)  The district may not require a person to use a district
  conduit.
         Sec. 3879.110.  ANNEXATION OR EXCLUSION OF LAND. (a)  The
  district may annex land as provided by Subchapter J, Chapter 49,
  Water Code.
         (b)  The district may exclude land as provided by Subchapter
  J, Chapter 49, Water Code. Section 375.044(b), Local Government
  Code, does not apply to the district.
  [Sections 3879.111-3879.150 reserved for expansion]
  SUBCHAPTER D. PUBLIC PARKING FACILITIES
         Sec. 3879.151.  PARKING FACILITIES AUTHORIZED; OPERATION BY
  PRIVATE ENTITY. (a)  The district may acquire, lease as lessor or
  lessee, construct, develop, own, operate, and maintain parking
  facilities or a system of parking facilities, including:
               (1)  lots, garages, parking terminals, or other
  structures or accommodations for parking motor vehicles off the
  streets; and
               (2)  equipment, entrances, exits, fencing, and other
  accessories necessary for safety and convenience in parking
  vehicles.
         (b)  A parking facility of the district may be leased to or
  operated on behalf of the district by an entity other than the
  district.
         (c)  The district's parking facilities are a program
  authorized by the legislature under Section 52-a, Article III,
  Texas Constitution.
         (d)  The district's parking facilities serve the public
  purposes of the district and are owned, used, and held for a public
  purpose even if leased or operated by a private entity for a term of
  years.
         Sec. 3879.152.  RULES. The district may adopt rules
  governing the district's public parking facilities.
         Sec. 3879.153.  FINANCING OF PUBLIC PARKING FACILITIES.
  (a)  The district may use any of its resources, including revenue,
  assessments, taxes, or grant or contract proceeds, to pay the cost
  of acquiring or operating public parking facilities.
         (b)  The district may:
               (1)  set, charge, impose, and collect fees, charges, or
  tolls for the use of the district's public parking facilities; and
               (2)  issue bonds or notes to finance the cost of the
  district's public parking facilities.
  [Sections 3879.154-3879.200 reserved for expansion]
  SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
         Sec. 3879.201.  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. 3879.202.  MONEY USED FOR IMPROVEMENTS OR SERVICES.
  The district may acquire, construct, finance, operate, or maintain
  any improvement or service authorized under this chapter or Chapter
  375, Local Government Code, using any money available to the
  district.
         Sec. 3879.203.  PETITION REQUIRED FOR FINANCING SERVICES AND
  IMPROVEMENTS WITH ASSESSMENTS. (a)  The board may not finance a
  service or improvement project with assessments under this chapter
  unless a written petition requesting that service or improvement
  has been filed with the board.
         (b)  A petition filed under Subsection (a) must be signed by
  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.
         Sec. 3879.204.  METHOD OF NOTICE FOR HEARING. The district
  may mail the notice required by Section 375.115(c), Local
  Government Code, by certified or first class United States mail.
  The board shall determine the method of notice.
         Sec. 3879.205.  ASSESSMENTS; LIENS FOR ASSESSMENTS.
  (a)  The board by resolution may impose and collect an assessment
  for any purpose authorized by this chapter in all or any part of the
  district.
         (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. 3879.206.  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. 3879.207.  RESIDENTIAL PROPERTY. Section 375.161,
  Local Government Code, does not apply to a tax imposed by the
  district or a required payment for a service provided by the
  district, including water and sewer service.
         Sec. 3879.208.  OPERATION AND MAINTENANCE TAX. (a)  If
  authorized at an election held in accordance with Section 3879.212,
  the district may impose an annual operation and maintenance tax on
  taxable property in the district in accordance with Section 49.107,
  Water Code, for any district purpose, including to:
               (1)  maintain and operate the district;
               (2)  construct or acquire improvements; or
               (3)  provide a service.
         (b)  The board shall determine the tax rate. The rate may not
  exceed the rate approved at the election.
         (c)  Section 49.107(h), Water Code, does not apply to the
  district.
         Sec. 3879.209.  CONTRACT TAXES. (a)  In accordance with
  Section 49.108, Water Code, the district may impose a tax other than
  an operation and maintenance tax and use the revenue derived from
  the tax to make payments under a contract after the provisions of
  the contract have been approved by a majority of the district voters
  voting at an election held for that purpose.
         (b)  A contract approved by the district voters may contain a
  provision stating that the contract may be modified or amended by
  the board without further voter approval.
         Sec. 3879.210.  AUTHORITY TO BORROW MONEY AND TO ISSUE
  BONDS. (a)  The district may borrow money on terms and conditions
  as determined by the board. Section 375.205, Local Government
  Code, does not apply to a loan, line of credit, or other borrowing
  from a bank or financial institution secured by revenue other than
  ad valorem taxes.
         (b)  The district may issue bonds, notes, or other
  obligations payable wholly or partly from ad valorem taxes, sales
  and use taxes, assessments, impact fees, revenue, contract
  payments, grants, or other district money, or any combination of
  those sources of money, to pay for any authorized district purpose.
         (c)  The limitation on the outstanding principal amount of
  bonds, notes, and other obligations provided by Section 49.4645,
  Water Code, does not apply to the district.
         Sec. 3879.211.  TAXES FOR BONDS. At the time the district
  issues bonds payable wholly or partly from ad valorem taxes, the
  board shall provide for the annual imposition of a continuing
  direct ad valorem tax, without limit as to rate or amount, while all
  or part of the bonds are outstanding as required and in the manner
  provided by Sections 54.601 and 54.602, Water Code.
         Sec. 3879.212.  ELECTIONS REGARDING TAXES AND BONDS.
  (a)  The district may issue, without an election, bonds, notes, and
  other obligations secured by:
               (1)  revenue other than ad valorem taxes; or
               (2)  contract payments described by Section 3879.209.
         (b)  The district must hold an election in the manner
  provided by Subchapter L, Chapter 375, Local Government Code, to
  obtain voter approval before the district may impose an ad valorem
  tax or sales and use tax or issue bonds payable from ad valorem
  taxes.
         (c)  Section 375.243, Local Government Code, does not apply
  to the district.
         (d)  All or any part of any facilities or improvements that
  may be acquired by a district by the issuance of district bonds may
  be included in one single proposition to be voted on at the election
  or the bonds may be submitted in several propositions.
         Sec. 3879.213.  COMPETITIVE BIDDING. Subchapter I, Chapter
  49, Water Code, applies to the district. Sections 375.221 and
  375.223, Local Government Code, do not apply to the district.
         Sec. 3879.214.  TAX AND ASSESSMENT ABATEMENTS. The district
  may grant in the manner authorized by Chapter 312, Tax Code, an
  abatement for a tax or assessment owed to the district.
  [Sections 3879.215-3879.250 reserved for expansion]
  SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED
  PROPERTY
         Sec. 3879.251.  AUTHORITY TO ESTABLISH DEFINED AREAS OR
  DESIGNATED PROPERTY. The district may define areas or designate
  certain property of the district to pay for improvements,
  facilities, or services that primarily benefit that area or
  property and do not generally and directly benefit the district as a
  whole.
         Sec. 3879.252.  PROCEDURE FOR ELECTION. (a)  Before the
  district may impose an ad valorem tax or issue bonds payable from ad
  valorem taxes of the area defined or property designated under
  Section 3879.251, the board must call and hold an election as
  provided by Section 3879.212 only in the defined area or in the
  boundaries of the designated property.
         (b)  The board may submit the proposition to the voters on
  the same ballot to be used in another election.
         Sec. 3879.253.  DECLARING RESULT AND ISSUING ORDER. (a)  If
  a majority of the voters voting at the election approve the
  proposition or propositions, the board shall declare the results
  and by order shall establish the defined area and describe it by
  metes and bounds or designate the specific property.
         (b)  A court may not review the board's order except on the
  ground of fraud, palpable error, or arbitrary and confiscatory
  abuse of discretion.
         Sec. 3879.254.  TAXES FOR SERVICES, IMPROVEMENTS, AND
  FACILITIES IN DEFINED AREA OR DESIGNATED PROPERTY. On voter
  approval and adoption of the order described in Section 3879.253,
  the district may apply separately, differently, equitably, and
  specifically its taxing power and lien authority to the defined
  area or designated property to provide money to construct,
  administer, maintain, and operate services, improvements, and
  facilities that primarily benefit the defined area or designated
  property.
         Sec. 3879.255.  ISSUANCE OF BONDS AND IMPOSITION OF TAXES
  FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under
  Section 3879.253 is adopted, the district may issue bonds to
  provide for any land, improvements, facilities, plants, equipment,
  and appliances for the defined area or designated property.
  [Sections 3879.256-3879.300 reserved for expansion]
  SUBCHAPTER G. SALES AND USE TAX
         Sec. 3879.301.  MEANINGS OF WORDS AND PHRASES. Words and
  phrases used in this subchapter that are defined by Chapters 151 and
  321, Tax Code, have the meanings assigned by Chapters 151 and 321,
  Tax Code.
         Sec. 3879.302.  APPLICABILITY OF CERTAIN TAX CODE
  PROVISIONS. (a)  Except as otherwise provided by this subchapter,
  Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code,
  apply to taxes imposed under this subchapter and to the
  administration and enforcement of those taxes in the same manner
  that those laws apply to state taxes.
         (b)  Chapter 321, Tax Code, relating to municipal sales and
  use taxes, applies to the application, collection, change, and
  administration of a sales and use tax imposed under this subchapter
  to the extent consistent with this chapter, as if references in
  Chapter 321, Tax Code, to a municipality referred to the district
  and references to a governing body referred to the board.
         (c)  Sections 321.106, 321.401, 321.402, 321.403, 321.404,
  321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not
  apply to a tax imposed under this subchapter.
         Sec. 3879.303.  AUTHORIZATION; ELECTION. (a)  The district
  may adopt a sales and use tax to serve the purposes of the district
  after an election in which a majority of the voters of the district
  voting in the election authorize the adoption of the tax.
         (b)  The board by order may call an election to authorize a
  sales and use tax. The election may be held with any other district
  election.
         (c)  The district shall provide notice of the election and
  shall hold the election in the manner prescribed by Section
  3879.212.
         (d)  The ballots shall be printed to provide for voting for
  or against the proposition: "Authorization of a sales and use tax
  in the Harris County Improvement District No. 18 at a rate not to
  exceed _____ percent."
         Sec. 3879.304.  ABOLISHING SALES AND USE TAX. (a)  Except
  as provided by Subsection (b), the board may abolish the sales and
  use tax without an election.
         (b)  The board may not abolish the sales and use tax if the
  district has outstanding debt secured by the tax.
         Sec. 3879.305.  SALES AND USE TAX RATE. (a)  On adoption of
  the tax authorized by this subchapter, there is imposed a tax on the
  receipts from the sale at retail of taxable items within the
  district, and an excise tax on the use, storage, or other
  consumption within the district of taxable items purchased, leased,
  or rented from a retailer within the district during the period that
  the tax is in effect.
         (b)  The board shall determine the rate of the tax, which may
  be in one-eighth of one percent increments not to exceed the maximum
  rate authorized by the district voters at the election. The board
  may lower the tax rate to the extent it does not impair any
  outstanding debt or obligations payable from the tax.
         (c)  The rate of the excise tax is the same as the rate of the
  sales tax portion of the tax and is applied to the sales price of the
  taxable item.
  [Sections 3879.306-3879.350 reserved for expansion]
  SUBCHAPTER H. HOTEL OCCUPANCY TAXES
         Sec. 3879.351.  HOTEL OCCUPANCY TAX. (a)  In this section,
  "hotel" has the meaning assigned by Section 156.001, Tax Code.
         (b)  For purposes of this section, a reference in Chapter
  351, Tax Code, to a municipality is a reference to the district and
  a reference in Chapter 351, Tax Code, to the municipality's
  officers or governing body is a reference to the board.
         (c)  Except as otherwise provided by this section,
  Subchapter A, Chapter 351, Tax Code, governs a hotel occupancy tax
  authorized by this section, including the collection of the tax.
         (d)  The district may impose a hotel occupancy tax and may
  use revenue from the tax for any district purpose that is an
  authorized use of hotel occupancy tax revenue under Chapter 351,
  Tax Code.
         (e)  The board by order may impose, repeal, increase, or
  decrease the rate of a tax on a person who, under a lease,
  concession, permit, right of access, license, contract, or
  agreement, pays for the use or possession or for the right to the
  use or possession of a room that:
               (1)  is in a hotel located in the district's boundaries;
               (2)  costs $2 or more each day; and
               (3)  is ordinarily used for sleeping.
         (f)  The amount of the tax may not exceed seven percent of the
  price paid for a room in a hotel.
         (g)  The district may examine and receive information
  related to the imposition of hotel occupancy taxes to the same
  extent as if the district were a municipality.
  [Sections 3879.352-3879.400 reserved for expansion]
  SUBCHAPTER I. MUNICIPAL ANNEXATION AND DISSOLUTION
         Sec. 3879.401.  MUNICIPAL ANNEXATION; DISSOLUTION.
  (a)  Section 43.071, Local Government Code, applies to the
  district, and the district is a "water or sewer district" for
  purposes of that section.
         (b)  Section 43.075, Local Government Code, applies to the
  district.
         (c)  Section 375.264, Local Government Code, does not apply
  to the dissolution of the district by a municipality.
         SECTION 2.  The Harris County Improvement District No. 18
  initially includes all territory contained in the following area:
         TRACT 1 of 3:
         Being a tract or parcel containing 69.9705 acres of land
  situated in the F. Limsky Survey, Abstract Number 512, Harris
  County, Texas, and being all of the called 69.9297 acre tract as
  described in the deed to Chrymirene Properties Company, Inc., and
  Springwoods Realty Company recorded under Harris County Clerk's
  File Number T146401; said 69.9705 acre tract being more
  particularly described by metes and bounds as follows (all bearings
  stated herein are based on the Texas State Plane Coordinate System,
  South Central Zone, NAD 29 (19683 adjustment) as depicted on the
  Texas Department of Transportation Right-of-Way map for Interstate
  Highway 45, Account Number 9012-7-30, CSJ 0110-05-068):
         BEGINNING at a 3/4-inch iron rod found in the south
  right-of-way line of the Missouri Pacific Railroad (100 feet wide),
  as described in the deed recorded in Volume 139, Page 452, of the
  Harris County Deed Records, marking the northwest corner of said
  called 69.9297 acre tract common with the northeast corner of the
  called 15.00 acre tract as described in the deed recorded under
  Harris County Clerk's File Number D798332;
         THENCE, South 80°57'24" East, along said south right-of-way
  line, a distance of 1,762.44 feet to a 5/8-inch iron rod found
  marking the northwest corner of the called 10.445 acre tract as
  described in the deed recorded under Harris County Clerk's File
  Number F394301;
         THENCE, South 02°49'28" East, along the west line of said
  called 10.445 acre tract, a distance of 1,630.01 feet to a 5/8-inch
  iron rod with plastic cap stamped "TERRA SURVEYING" set in the north
  right-of-way line of Spring Stuebner Road (60 feet wide);
         THENCE, South 86°54'21" West, along said north right-of-way
  line, a distance of 1,498.48 feet to a 5/8-inch iron rod found
  marking the southeast corner aforesaid called 15.00 acre tract;
         THENCE, North 02°53'31" West, along the east line of said
  called 15.00 acre tract, a distance of 360.27 feet to a 5/8-inch
  iron rod found marking an angle corner of said called 15.00 acre
  tract;
         THENCE, South 86°54'45" West, along the east line of said
  called 15.00 acre tract, a distance of 223.95 feet to a 5/8-inch
  iron rod found marking an angle corner of said called 15.00 acre
  tract;
         THENCE, North 2°53'31" West, along the east line of said
  called 15.00 acre tract, a distance of 1,640.27 feet to the POINT OF
  BEGINNING 69.9705 acres of land. This description is based on the
  plat of the ALTA/ACSM Land Title Survey prepared by Terra Surveying
  Company, Inc., dated July 19, 2006, TSC Project Number
  0106-0301-A01.
         TRACT 2 of 3:
         Being a tract or parcel containing 83.0841 acres of land
  situated in the F. Limsky Survey, Abstract Number 512, Harris
  County, Texas, and being all of the called 82.8694 acre tract as
  described in the deed to Chrymirene Properties Company, Inc., and
  Springwoods Realty Company recorded under Harris County Clerk's
  File Number T146401; said 83.0841 acre tract being more
  particularly described by metes and bounds as follows (all bearings
  stated herein are based on the Texas State Plane Coordinate System,
  South Central Zone, NAD 29 (19683 adjustment) as depicted on the
  Texas Department of Transportation Right-of-Way map for Interstate
  Highway 45, Account Number 9012-7-30, CSJ 0110-05-068):
         BEGINNING at a 5/8-inch iron rod found in the south
  right-of-way line of the Missouri Pacific Railroad (100 feet wide),
  as described in the deed recorded in Volume 139, Page 452, of the
  Harris County Deed Records, marking the northeast corner of said
  called 82.8694 acre tract common with the northwest corner of the
  called 4.1807 acre tract as described in the deed recorded under
  Harris County Clerk's File Number H058736;
         THENCE, South 02°15'54" East, along the west line of said
  called 4.1807 acre tract, a distance of 507.13 feet to a 5/8-inch
  iron rod with plastic cap stamped "TERRA SURVEYING" set in the north
  right-of-way line of Spring Stuebner Road (60 feet wide) marking
  the southeast corner of the herein described tract;
         THENCE, South 86°54'21" West, along said north right-of-way
  line, a distance of 3,901.63 feet to a 5/8-inch iron rod found
  marking the southeast corner of the called 9.4671 acre tract as
  described in the deed recorded under Harris County Clerk's File
  Number F773219;
         THENCE, North 02°49'28" West, along the east line of said
  called 9.4671 acre tract, a distance of 1,346.43 feet to a 5/8-inch
  iron rod with plastic cap stamped "TERRA SURVEYING" set in the
  aforesaid south right-of-way line of the Missouri Pacific Railroad
  marking the north west corner of the herein described tract;
         THENCE, South 80°57'24" East, along said south right-of-way
  line a distance of 3,991.87 feet to the POINT OF BEGINNING 83.0841
  acres of land. This description is based on the plat of the
  ALTA/ACSM Land Title Survey prepared by Terra Surveying Company,
  Inc., dated July 19, 2006, TSC Project Number 0106-0301-A01.
         TRACT 3 of 3:
         Being a tract or parcel containing 1,421.1124 acres of land
  situated in the F. Limsky Survey, Abstract Number 512, Richard
  Beach Survey, Abstract Number 137, and the James Moore Survey,
  Abstract Number 583, all in Harris County, Texas, and being all of
  the called 1,408.0939 acre tract as described in the deed to
  Chrymirene Properties Company, Inc., and Springwoods Realty
  Company recorded under Harris County Clerk's File Number T146401,
  and all of the called 1.4856 acre tract as described in the deed to
  Springwoods Realty Corporation recorded under Harris County
  Clerk's File Number T785884; said 1,421.1124 acre tract being more
  particularly described by metes and bounds as follows (all bearings
  stated herein are based on the Texas State Plane Coordinate System,
  South Central Zone, NAD 29 (19683 adjustment) as depicted on the
  Texas Department of Transportation Right-of-Way map for Interstate
  Highway 45, Account Number 9012-7-30, CSJ 0110-05-068):
         BEGINNING at an axle found in the north right-of-way line of
  the Missouri Pacific Railroad (100 feet wide), as described in the
  deed recorded in Volume 139, Page 452, of the Harris County Deed
  Records, marking the southeast corner of said called 1,408.0939
  acre tract common with the southwest corner of the called 6.00 acre
  tract as described in the deed recorded under Harris County Clerk's
  File Number U173578;
         THENCE, North 80°57'24" West, along said north right-of-way
  line, a distance of 7,926.68 feet to a 5/8-inch iron rod found
  marking the southeast corner of the called 140.1685 acre tract as
  described in the deed recorded under Harris County Clerk's File
  Number R984278 common with the southwest corner of the herein
  described tract;
         THENCE, North 02°26'47" West, along the east line of said
  called 140.1685 acre tract, a distance of 5,748.58 feet to the
  northwest corner of the herein described tract in the centerline of
  Spring Creek;
         THENCE, along the centerline of Spring Creek as meandered in
  July of 2006 the following Forty-Eight (48) courses and distances;
               North 31°22'36" East, a distance of 142.45 feet;
               North 49°35'22" East, a distance of 116.57 feet;
               South 89°00'36" East, a distance of 292.35 feet;
               South 58°27'00" East, a distance of 85.79 feet;
               North 80°56'30" East, a distance of 164.19 feet;
               North 61°57'17" East, a distance of 269.77 feet;
               South 63°15'16" East, a distance of 349.48 feet;
               South 80°26'06" East, a distance of 208.37 feet;
               South 40°36'00" East, a distance of 274.54 feet;
               South 84°38'53" East, a distance of 113.03 feet;
               North 50°47'47" East, a distance of 543.35 feet;
               South 80°14'02" East, a distance of 212.53 feet;
               South 45°39'14" East, a distance of 195.16 feet;
               South 24°16'46" East, a distance of 186.29 feet;
               North 87°16'43" East, a distance of 92.63 feet;
               North 67°47'36" East, a distance of 416.14 feet;
               North 26°29'19" East, a distance of 95.14 feet;
               North 9°45'41" West, a distance of 542.50 feet;
               North 52°46'48" East, a distance of 192.95 feet;
               South 84°36'09" East, a distance of 200.78 feet;
               North 39°09'55" East, a distance of 131.98 feet;
               North 13°59'12" East, a distance of 488.80 feet;
               North 55°54'31" East, a distance of 252.47 feet;
               North 71°50'16" East, a distance of 496.79 feet;
               North 45°34'12" East, a distance of 107.58 feet;
               North 81°30'41" East, a distance of 83.70 feet;
               South 75°38'22" East, a distance of 94.27 feet;
               South 58°03'06" East, a distance of 147.30 feet;
               South 76°45'02" East, a distance of 382.50 feet;
               North 48°06'00" East, a distance of 238.60 feet;
               North 22°25'42" East, a distance of 198.43 feet;
               North 59°54'16" East, a distance of 84.46 feet;
               North 72°24'48" East, a distance of 208.16 feet;
               South 84°43'33" East, a distance of 357.51 feet;
               North 72°30'04" East, a distance of 117.17 feet;
               South 87°26'11" East, a distance of 212.90 feet;
               South 69°13'23" East, a distance of 345.53 feet;
               South 29°06'11" East, a distance of 101.86 feet;
               North 89°54'32" East, a distance of 176.49 feet;
               North 59°26'57" East, a distance of 423.79 feet;
               North 66°31'27" East, a distance of 168.10 feet;
               South 83°32'01" East, a distance of 222.63 feet;
               North 84°20'46" East, a distance of 74.88 feet;
               North 54°40'19" East, a distance of 77.43 feet;
               North 41°03'04" East, a distance of 231.87 feet;
               North 71°35'52" East, a distance of 144.34 feet;
               South 81°33'16" East, a distance of 91.64 feet;
               South 66°42'36" East, a distance of 117.37 feet to the
  intersection of said centerline and the west right-of-way
  line of Interstate Highway 45 (width varies);
         THENCE, along said west right-of-way line the following
  Sixteen (16) courses and distances
               South 03°11'31" East (called South 04°11'25" East), a
  distance of 366.12 feet to a 5/8-inch iron rod with plastic
  cap stamped "TERRA SURVEYING" set;
               South 03°25'46" East (called South 04°11'25" East), a
  distance of 154.92 feet to a found Texas Department of
  Transportation monument;
               South 03°01'28" East (called South 04°11'25" East), a
  distance of 40.53 feet to a found Texas Department of
  Transportation from which a found 2-inch iron pipe bears
  North 47°09' East, 0.92 feet;
               North 86°37'31" East (called North 86°45'55" East), a
  distance of 150.29 feet to a found Texas Department of
  Transportation monument from which a found 5/8-inch iron rod
  bears North 43°10' East, 1.35 feet;
               South 10°15'13" East (called South 10°22'11" East), a
  distance of 647.19 feet (called 649.81 feet) to a 5/8-inch
  iron rod with plastic cap stamped "TERRA SURVEYING" set from
  which a 5/8-inch iron rod found disturbed bears South
  07°57'24" East, 3.67 feet;
               South 04°53'28" East (called South 04°51'18" East), a
  distance of 303.83 feet (called 300.13 feet) to a found
  5/8-inch iron rod;
               South 07°28'17" East, a distance of 99.95 feet to a found
  5/8-inch iron rod;
               South 39°41'01" West, a distance of 57.06 feet to a set
  5/8-inch iron rod with plastic cap stamped "TERRA SURVEYING";
               South 87°20'13" West, a distance of 10.00 feet to a found
  Texas Department of Transportation monument;
               South 02°39'47" East, a distance of 80.00 feet to a set
  5/8-inch iron rod with plastic cap stamped "TERRA SURVEYING";
               North 87°20'13" East, a distance of 10.00 feet to a set
  5/8-inch iron rod with plastic cap stamped "TERRA SURVEYING";
               South 46°26'42" East, a distance of 77.96 feet to a set
  5/8-inch iron rod with plastic cap stamped "TERRA SURVEYING";
               South 04°58'48" East, a distance of 208.76 to a found
  Texas Department of Transportation monument;
               South 07°10'22" East, a distance of 485.85 feet to a set
  5/8-inch iron rod with plastic cap stamped "TERRA SURVEYING";
               South 05°23'54" East, a distance of 206.08 feet set
  5/8-inch iron rod with plastic cap stamped "TERRA SURVEYING";
               South 03°02'04" East, a distance of 377.43 feet to a
  5/8-inch iron rod found marking the northeast corner of the
  called 10 acre tract as described in the deed recorded in
  Volume 1048, Page 67, of the Harris County Deed Records;
         THENCE, South 88°19'48" West, along the north line of said
  called 10 acre tract, a distance of 764.64 feet (called 763.69 feet)
  to a 1/2-inch iron pipe found marking the northwest corner of said
  called 10.0 acre tract;
         THENCE, South 02°14'16" East, along the west line of said
  called 10 acre tract, a distance of 426.96 feet to a 5/8-inch iron
  rod with plastic cap stamped "TERRA SURVEYING" set marking an
  interior corner of the herein described tract;
         THENCE, North 87°52'57" East, along the south line of said
  called 10 acre tract, a distance of 770.46 feet (called 771.28 feet)
  to a 5/8-inch iron rod found in the aforesaid west right-of-way line
  of Interstate Highway 45 marking the southeast corner of said
  called 10 acre tract;
         THENCE, South 03°02'04" East, along said west right-of-way
  line, a distance of 739.59 feet to a 5/8-inch iron rod with plastic
  cap stamped "TERRA SURVEYING" set marking the Point of Curvature of
  a curve to the left;
         THENCE, continuing along said west right-of-way line, along
  said curve to the left having a central angle of 00°02'17", an arc
  distance of 15.34 feet, a radius of 23,099.81 feet, and a chord
  which bears South 03°03'11" East, a distance of 15.34 feet to a
  5/8-inch iron rod found marking the northeast corner of the called
  6.64 acre tract as described in the deed recorded in Volume 2247,
  Page 590, of the Harris County Deed Records;
         THENCE, South 87°50'13" West (called South 87°45'44" West),
  along the north line of said called 6.64 acre tract, a distance of
  779.22 feet (called 779.49 feet) to a 5/8-inch iron rod found
  marking the northwest corner of said called 6.64 acre tract;
         THENCE, South 02°12'23" East (called South 02°34'59" East),
  along the east line of said called 6.64 acre tract, a distance of
  299.10 feet (called 299.26 feet) to a 1/2-inch iron pipe found
  marking the northeast corner of the called 1.701 acre tract as
  described in the deed recorded under Harris County Clerk's File
  Number T934409;
         THENCE, South 02°16'10" East (called South 02°14'48" East),
  along the west line of said called 1.701 acre tract and then along
  the west line the called 1.701 acre tract as described in the deed
  recorded under Harris County Clerk's File Number T934408, a
  distance of 550.83 feet to a 5/8-inch iron rod found marking the
  southwest corner of said called 1.701 acre tract;
         THENCE, North 86°17'22" East, along the south line of said
  called 1.701 acre tract, a distance of 601.99 feet to a 5/8-inch
  iron rod found marking the southeast corner of said called 1.701
  acre tract;
         THENCE, North 03°22'36" West, along the east line of said
  called 1.701 acre tract, a distance of 550.67 feet (called 550.47
  feet) to a 1/2-inch iron rod found in the south line of the
  aforesaid called 6.64 acre tract;
         THENCE, North 86°11'48" East (called North 86°15'38" East),
  along said south line, a distance of 194.02 feet (called 155.50
  feet) to a Texas Department of Transportation monument found
  marking a point on a curve to the left in the aforesaid west
  right-of-way line of Interstate Highway 45;
         THENCE, along said west right-of-way line and said curve to
  the left having a central angle of 00°02'13", an arc distance of
  14.88 feet, a radius of 23,099.81 feet, and a chord which bears
  South 03°46'46" East, a distance of 14.88 feet to a 5/8-inch iron rod
  with plastic cap stamped "TERRA SURVEYING" set marking the end of
  said curve;
         THENCE, South 00°07'56" West, continuing along said west
  right-of-way line, a distance of 53.41 feet to a 5/8-inch iron rod
  with plastic cap stamped "TERRA SURVEYING" set marking an angle
  corner of the herein described tract;
         THENCE, South 00°20'00" West (called South 03°27'08" East),
  along the west line of the called 1.590 acre tract as described in
  the deed recorded in Volume 3274, Page 338, of the Harris County
  Deed Records, a distance of 642.96 feet to a 5/8-inch iron rod with
  plastic cap stamped "TERRA SURVEYING" set marking an angle corner
  of the herein described tract;
         THENCE, South 03°18'44" East (called South 03°27'08" East),
  along the west lines of those certain tracts recorded under Harris
  County Clerk's File Numbers F754657, T406580, U406352, and J617466,
  a distance of 469.29 feet to a 5/8-inch iron rod with plastic cap
  stamped "TERRA SURVEYING" set marking an angle corner of the herein
  described tract;
         THENCE, South 02°56'18" East (called South 03°27'08" East),
  along the west line of the called 0.325 acre tract as described in
  the deed recorded under Harris County Clerk's File Number R872066
  and then along the west line of the called 0.729 acre tract as
  described in the deed recorded under Harris County Clerk's File
  Number M665530, a distance of 234.23 feet to a 1/2-inch iron pipe
  found marking the southeast corner of said called 0.729 acre tract;
         THENCE, North 86°45'29" East, along the south line of said
  called 0.729 acre tract, a distance of 82.21 feet to a 5/8-inch iron
  rod with plastic cap stamped "TERRA SURVEYING" set in the aforesaid
  west right-of-way line of Interstate Highway 45;
         THENCE, South 05°01'46" East, along said west right-of-way
  line, a distance of 705.37 feet to a Texas Department of
  Transportation monument found in the north line of the called
  1.6920 acre tract as described in the deed recorded under Harris
  County Clerk's File Number F261338;
         THENCE, South 87°29'17" West, along said north line, distance
  of 102.64 feet to a 5/8-inch iron rod with plastic cap stamped
  "TERRA SURVEYING" set marking an angle corner of the herein
  described tract;
         THENCE, South 05°50'04" East (called South 03°27'08" East),
  along the west line of said called 1.6920 acre tract, a distance of
  273.84 feet to 5/8-inch iron rod found marking the southeast corner
  of the called 12.939 acre tract as described in the deed recorded
  under Harris County Clerk's File Number U776662;
         THENCE, South 86°17'01" West (called South 86°12'32" West),
  along a north line of said called 12.939 acre tract, a distance of
  155.34 feet (called 155.56 feet) to an angle iron found in the east
  line of the called 3.1232 acre tract;
         THENCE, North 03°45'59" West (called North 03°47'28" West),
  along said east line, a distance of 206.96 feet (called 207.15 feet)
  to a 1/2-inch iron rod found marking the southeast corner of said
  called 3.1232 acre tract;
         THENCE, South 87°16'46" West (called South 87°15'28" West),
  along the north line of said called 3.1232 acre tract and then along
  the north line of the aforesaid called 12.939 acre tract, a distance
  of 635.71 feet (called 635.50 feet) to a 1/2-inch iron rod found
  marking the northwest corner of said called 12.939 acre tract;
         THENCE, South 02°14'41" East (called South 02°15'34" East),
  along the west line of said called 12.939 acre tract, a distance of
  809.36 feet (called 810.15 feet) to an axle found marking the
  southwest corner of said called 12.939 acre tract;
         THENCE, South 02°13'55" East, along the west line of the
  aforesaid called 6.00 acre tract, a distance of 1,708.71 feet to the
  POINT OF BEGINNING 1421.1124 acres of land. This description is
  based on the plat of the ALTA/ACSM Land Title Survey prepared by
  Terra Surveying Company, Inc., dated July 19, 2006, TSC Project
  Number 0106-0301-A01.
         SECTION 3.  (a)  The 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
  under Section 59, Article XVI, Texas Constitution, and Chapter 313,
  Government Code.
         (b)  The governor, one of the required recipients, has
  submitted the notice and Act to the Texas Commission on
  Environmental Quality.
         (c)  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.
         (d)  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.
         (e)  All requirements of the constitution and laws of this
  state and the rules and procedures of the legislature with respect
  to the notice, introduction, and passage of this Act have been
  fulfilled and accomplished.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 2510 passed the Senate on
  May 11, 2009, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 2510 passed the House on
  May 26, 2009, by the following vote:  Yeas 142, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor