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AN ACT
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relating to the Chambers County Improvement District No. 2. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3872.002, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 3872.002. CREATION AND NATURE OF DISTRICT; IMMUNITY. |
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(a) The district is a special district created under Sections 52 |
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and 52-a, Article III, and Section 59, Article XVI, Texas |
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Constitution. |
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(b) The district is a governmental unit under Chapter 101, |
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Civil Practice and Remedies Code, and the operations of the |
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district are essential government functions and are not proprietary |
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functions for any purpose, including the application of Chapter |
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101, Civil Practice and Remedies Code. |
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(c) This chapter does not waive any governmental or |
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sovereign immunity from suit, liability, or judgment applicable to |
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the district. |
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SECTION 2. Section 3872.006(d), Special District Local Laws |
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Code, is amended to read as follows: |
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(d) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and road facilities and |
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by landscaping and developing certain areas in the district, which |
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are necessary for the restoration, preservation, and enhancement of |
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scenic beauty; and |
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(4) provide for water, wastewater, drainage, road, and |
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recreational facilities for the district. |
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SECTION 3. Section 3872.008, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 3872.008. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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All or any part of the area of the district may be included in one or |
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more of the following: |
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(1) a tax increment reinvestment zone created under |
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Chapter 311, Tax Code; |
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(2) a tax abatement reinvestment zone created under |
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Chapter 312, Tax Code; |
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(3) an enterprise zone created under Chapter 2303, |
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Government Code; or |
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(4) an industrial district created under Chapter 42, |
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Local Government Code. |
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SECTION 4. Subchapter A, Chapter 3872, Special District |
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Local Laws Code, is amended by adding Section 3872.011 to read as |
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follows: |
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Sec. 3872.011. CONFLICTS OF LAW. This chapter prevails |
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over any provision of general law, including a provision of Chapter |
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375, Local Government Code, or Chapter 49, Water Code, that is in |
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conflict or inconsistent with this chapter. |
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SECTION 5. Subchapter B, Chapter 3872, Special District |
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Local Laws Code, is amended by adding Section 3872.054 to read as |
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follows: |
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Sec. 3872.054. DISQUALIFICATION OF DIRECTORS. Section |
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49.052, Water Code, applies to the district. |
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SECTION 6. Section 3872.102, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 3872.102. RECREATIONAL FACILITIES. The district may |
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develop or finance recreational facilities as authorized by Chapter |
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375, Local Government Code, Sections 52 and 52-a, Article III, |
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Texas Constitution, Section 59, Article XVI, Texas Constitution, |
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and any other law that applies to the district. |
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SECTION 7. Section 3872.104, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 3872.104. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may own, operate, |
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maintain, improve, design, acquire, construct, finance, and issue |
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bonds, notes, or other obligations for[, improve, and convey to
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this state, a county, or a municipality for operation and
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maintenance] macadamized, graveled, or paved roads or |
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improvements, including storm drainage and other improvements |
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located in or adjacent to road rights-of-way, in aid of those roads. |
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SECTION 8. Subchapter C, Chapter 3872, Special District |
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Local Laws Code, is amended by adding Section 3872.1051 to read as |
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follows: |
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Sec. 3872.1051. CONVEYANCE AND APPROVAL OF ROAD PROJECT. |
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(a) The district may convey a road project authorized by Section |
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3872.104 to: |
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(1) the municipality or county that will operate and |
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maintain the road if the municipality or county has approved the |
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plans and specifications of the road project; or |
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(2) the state if the state will operate and maintain |
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the road and the Texas Transportation Commission has approved the |
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plans and specifications of the road project. |
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(b) Except as provided by Subsection (c), the district shall |
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operate and maintain a road project authorized by Section 3872.104 |
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that the district implements and does not convey to a municipality, |
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a county, or this state under Subsection (a). |
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(c) The district may agree in writing with a municipality, a |
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county, or this state to assign operation and maintenance duties to |
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the district, the municipality, the county, or this state in a |
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manner other than the manner described in Subsections (a) and (b). |
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SECTION 9. Section 3872.109, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 3872.109. LAW ENFORCEMENT SERVICES. Section 49.216, |
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Water Code, applies to the district [AUTHORITY TO CONTRACT FOR LAW
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ENFORCEMENT. To protect the public interest, the district may
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contract with a qualified party, including Chambers County or the
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City of Baytown, for the provision of law enforcement services in
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the district for a fee]. |
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SECTION 10. Section 3872.155(a), Special District Local |
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Laws Code, is amended to read as follows: |
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(a) The board by resolution may impose and collect an |
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assessment for any purpose authorized by this chapter in all or any |
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part of the district regardless of whether the part of the district |
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where the assessment is to be imposed is subject to an assessment |
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previously imposed by the board. |
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SECTION 11. Section 3872.105, Special District Local Laws |
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Code, is repealed. |
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SECTION 12. The change in law made by Section 3872.054, |
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Special District Local Laws Code, as added by this Act, does not |
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affect the entitlement of a member serving on the board of directors |
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of the Chambers County Improvement District No. 2 immediately |
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before the effective date of this Act to continue to carry out the |
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board's functions for the remainder of the member's term. The |
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change in law applies only to a member elected on or after the |
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effective date of this Act. |
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SECTION 13. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 14. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1260 passed the Senate on |
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May 11, 2017, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1260 passed the House on |
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May 19, 2017, by the following vote: Yeas 141, Nays 3, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |