Texas 2009 - 81st Regular

Texas House Bill HB4773 Compare Versions

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1	1	81R27536 GCB-F
2	2	By: Eiland H.B. No. 4773
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of Chambers County Improvement District
8	8	No. 2; providing authority to levy an assessment, impose a tax, and
9	9	issue bonds; granting a limited power of eminent domain.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 4, Special District Local Laws
12	12	Code, is amended by adding Chapter 3872 to read as follows:
13	13	CHAPTER 3872. CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 2
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 3872.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the board of directors of the
17	17	district.
18	18	(2) "Director" means a board member.
19	19	(3) "District" means the Chambers County Improvement
20	20	District No. 2.
21	21	Sec. 3872.002. NATURE OF DISTRICT. The district is a
22	22	special district created under Sections 52 and 52-a, Article III,
23	23	and Section 59, Article XVI, Texas Constitution.
24	24	Sec. 3872.003. CONFIRMATION AND DIRECTORS' ELECTION
25	25	REQUIRED. The temporary directors shall hold an election to
26	26	confirm the creation of the district and to elect five permanent
27	27	directors as provided by Section 49.102, Water Code.
28	28	Sec. 3872.004. CONSENT OF MUNICIPALITY REQUIRED. The
29	29	temporary directors may not hold an election under Section 3872.003
30	30	until each municipality in whose corporate limits or
31	31	extraterritorial jurisdiction the district is located has
32	32	consented by ordinance or resolution to the creation of the
33	33	district and to the inclusion of land in the district.
34	34	Sec. 3872.005. PURPOSE; DECLARATION OF INTENT. (a) The
35	35	creation of the district is essential to accomplish the purposes of
36	36	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
37	37	Texas Constitution, and other public purposes stated in this
38	38	chapter. By creating the district, the legislature has established
39	39	a program to accomplish the public purposes set out in Sections 52
40	40	and 52-a, Article III, Texas Constitution.
41	41	(b) The creation of the district is necessary to promote,
42	42	develop, encourage, and maintain employment, commerce,
43	43	transportation, housing, tourism, recreation, the arts,
44	44	entertainment, economic development, safety, and the public
45	45	welfare in the district.
46	46	(c) This chapter and the creation of the district may not be
47	47	interpreted to relieve the City of Baytown, Chambers County, or any
48	48	other governmental entity from providing the level of services
49	49	provided, as of the effective date of the Act creating this chapter,
50	50	to the area in the district. The district is created to supplement
51	51	and not to supplant the governmental services provided in the area
52	52	in the district.
53	53	Sec. 3872.006. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
54	54	The district is created to serve a public use and benefit.
55	55	(b) All land and other property included in the district
56	56	will benefit from the improvements and services to be provided by
57	57	the district under powers conferred by Sections 52 and 52-a,
58	58	Article III, and Section 59, Article XVI, Texas Constitution, and
59	59	other powers granted under this chapter.
60	60	(c) The creation of the district is in the public interest
61	61	and is essential to:
62	62	(1) further the public purposes of developing and
63	63	diversifying the economy of the state;
64	64	(2) eliminate unemployment and underemployment; and
65	65	(3) develop or expand transportation and commerce.
66	66	(d) The district will:
67	67	(1) promote the health, safety, and general welfare of
68	68	residents, employers, potential employees, employees, visitors,
69	69	and consumers in the district, and of the public;
70	70	(2) provide needed funding for the district to
71	71	preserve, maintain, and enhance the economic health and vitality of
72	72	the district territory as a community and business center;
73	73	(3) promote the health, safety, welfare, and enjoyment
74	74	of the public by providing pedestrian ways and by landscaping and
75	75	developing certain areas in the district, which are necessary for
76	76	the restoration, preservation, and enhancement of scenic beauty;
77	77	and
78	78	(4) provide for water, wastewater, drainage, road, and
79	79	recreational facilities for the district.
80	80	(e) Pedestrian ways along or across a street, whether at
81	81	grade or above or below the surface, and street lighting, street
82	82	landscaping, parking, and street art objects are parts of and
83	83	necessary components of a street and are considered to be a street
84	84	or road improvement.
85	85	(f) The district will not act as the agent or
86	86	instrumentality of any private interest even though the district
87	87	will benefit many private interests as well as the public.
88	88	Sec. 3872.007. INITIAL DISTRICT TERRITORY. (a) The
89	89	district is initially composed of the territory described by
90	90	Section 2 of the Act creating this chapter.
91	91	(b) The boundaries and field notes contained in Section 2 of
92	92	the Act creating this chapter form a closure. A mistake in the
93	93	field notes or in copying the field notes in the legislative process
94	94	does not affect the district's:
95	95	(1) organization, existence, or validity;
96	96	(2) right to issue any type of bond for the purposes
97	97	for which the district is created or to pay the principal of and
98	98	interest on the bond;
99	99	(3) right to impose or collect an assessment or tax; or
100	100	(4) legality or operation.
101	101	Sec. 3872.008. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
102	102	All or any part of the area of the district may be included in:
103	103	(1) a tax increment reinvestment zone created under
104	104	Chapter 311, Tax Code;
105	105	(2) a tax abatement reinvestment zone created under
106	106	Chapter 312, Tax Code;
107	107	(3) an enterprise zone created under Chapter 2303,
108	108	Government Code; or
109	109	(4) an industrial district created under Chapter 42,
110	110	Local Government Code.
111	111	Sec. 3872.009. APPLICABILITY OF MUNICIPAL MANAGEMENT
112	112	DISTRICTS LAW. Except as otherwise provided by this chapter,
113	113	Chapter 375, Local Government Code, applies to the district.
114	114	Sec. 3872.010. LIBERAL CONSTRUCTION OF CHAPTER. This
115	115	chapter shall be liberally construed in conformity with the
116	116	findings and purposes stated in this chapter.
117	117	[Sections 3872.011-3872.050 reserved for expansion]
118	118	SUBCHAPTER B. BOARD OF DIRECTORS
119	119	Sec. 3872.051. GOVERNING BODY; TERMS. (a) The district is
120	120	governed by a board of five directors elected or appointed as
121	121	provided by this chapter and Chapter 49, Water Code.
122	122	(b) Except as provided by Section 3872.052, directors serve
123	123	staggered four-year terms.
124	124	Sec. 3872.052. TEMPORARY DIRECTORS. (a) On or after the
125	125	effective date of the Act creating this chapter, the owner or owners
126	126	of a majority of the assessed value of the real property in the
127	127	district may submit a petition to the Texas Commission on
128	128	Environmental Quality requesting that the commission appoint as
129	129	temporary directors the five persons named in the petition. The
130	130	commission shall appoint as temporary directors the five persons
131	131	named in the petition.
132	132	(b) Temporary directors serve until the earlier of:
133	133	(1) the date permanent directors are elected under
134	134	Section 3872.003; or
135	135	(2) the fourth anniversary of the effective date of
136	136	the Act creating this chapter.
137	137	(c) If permanent directors have not been elected under
138	138	Section 3872.003 and the terms of the temporary directors have
139	139	expired, successor temporary directors shall be appointed or
140	140	reappointed as provided by Subsection (d) to serve terms that
141	141	expire on the earlier of:
142	142	(1) the date permanent directors are elected under
143	143	Section 3872.003; or
144	144	(2) the fourth anniversary of the date of the
145	145	appointment or reappointment.
146	146	(d) If Subsection (c) applies, the owner or owners of a
147	147	majority of the assessed value of the real property in the district
148	148	may submit a petition to the Texas Commission on Environmental
149	149	Quality requesting that the commission appoint as successor
150	150	temporary directors the five persons named in the petition. The
151	151	commission shall appoint as successor temporary directors the five
152	152	persons named in the petition.
153	153	Sec. 3872.053. COMPENSATION. A director is entitled to
154	154	receive fees of office and reimbursement for actual expenses as
155	155	provided by Section 49.060, Water Code, for directors of a
156	156	municipal utility district. Sections 375.069 and 375.070, Local
157	157	Government Code, do not apply to the board.
158	158	[Sections 3872.054-3872.100 reserved for expansion]
159	159	SUBCHAPTER C. POWERS AND DUTIES
160	160	Sec. 3872.101. GENERAL POWERS. (a) The district may
161	161	purchase, construct, acquire, own, operate, maintain, improve, or
162	162	extend, inside and outside the district, works, facilities, and
163	163	improvements necessary or convenient to accomplish the purposes of
164	164	the district authorized by Sections 52 and 52-a, Article III, and
165	165	Section 59, Article XVI, Texas Constitution.
166	166	(b) The district has the rights, powers, privileges,
167	167	authority, and functions conferred by the general law of this state
168	168	applicable to:
169	169	(1) a municipal management district, including
170	170	Chapter 375, Local Government Code; and
171	171	(2) municipal utility districts, including Chapters
172	172	49 and 54, Water Code.
173	173	Sec. 3872.102. RECREATIONAL FACILITIES. The district may
174	174	develop or finance recreational facilities as authorized by Chapter
175	175	375, Local Government Code, Sections 52 and 52-a, Article III,
176	176	Texas Constitution, and any other law that applies to the district.
177	177	Sec. 3872.103. EVALUATION OF FEASIBILITY. For purposes of
178	178	any applicable evaluation by the commission of the economic
179	179	feasibility of the district or its project and bonds, debt service
180	180	tax rate, maintenance tax rate, or overlapping tax rate, the
181	181	commission shall treat the district as a municipal utility district
182	182	situated wholly within Harris County, Texas.
183	183	Sec. 3872.104. AUTHORITY FOR ROAD PROJECTS. Under Section
184	184	52, Article III, Texas Constitution, the district may design,
185	185	acquire, construct, finance, issue bonds for, improve, and convey
186	186	to this state, a county, or a municipality for operation and
187	187	maintenance macadamized, graveled, or paved roads or improvements,
188	188	including storm drainage, in aid of those roads.
189	189	Sec. 3872.105. ROAD STANDARDS AND REQUIREMENTS. (a) A road
190	190	project must meet all applicable construction standards, zoning and
191	191	subdivision requirements, and regulations of each municipality in
192	192	whose corporate limits or extraterritorial jurisdiction the road
193	193	project is located.
194	194	(b) If a road project is not located in the corporate limits
195	195	or extraterritorial jurisdiction of a municipality, the road
196	196	project must meet all applicable construction standards,
197	197	subdivision requirements, and regulations of each county in which
198	198	the road project is located.
199	199	(c) If the state will maintain and operate the road, the
200	200	Texas Transportation Commission must approve the plans and
201	201	specifications of the road project.
202	202	Sec. 3872.106. DEVELOPMENT CORPORATION POWERS. The
203	203	district may exercise the powers given to a development corporation
204	204	under Chapter 505, Local Government Code, including the power to
205	205	own, operate, acquire, construct, lease, improve, or maintain a
206	206	project described by that chapter.
207	207	Sec. 3872.107. NONPROFIT CORPORATION. (a) The board by
208	208	resolution may authorize the creation of a nonprofit corporation to
209	209	assist and act for the district in implementing a project or
210	210	providing a service authorized by this chapter.
211	211	(b) The nonprofit corporation:
212	212	(1) has each power of and is considered for purposes of
213	213	this chapter to be a local government corporation created under
214	214	Chapter 431, Transportation Code; and
215	215	(2) may implement any project and provide any service
216	216	authorized by this chapter.
217	217	(c) The board shall appoint the board of directors of the
218	218	nonprofit corporation. The board of directors of the nonprofit
219	219	corporation shall serve in the same manner as the board of directors
220	220	of a local government corporation created under Chapter 431,
221	221	Transportation Code, except that a member of the corporation's
222	222	board of directors is not required to reside in the district.
223	223	Sec. 3872.108. AGREEMENTS; GRANTS. (a) The district may
224	224	make an agreement with or accept a gift, grant, or loan from any
225	225	person.
226	226	(b) The implementation of a project is a governmental
227	227	function or service for the purposes of Chapter 791, Government
228	228	Code.
229	229	Sec. 3872.109. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT.
230	230	To protect the public interest, the district may contract with a
231	231	qualified party, including Chambers County or the City of Baytown,
232	232	for the provision of law enforcement services in the district for a
233	233	fee.
234	234	Sec. 3872.110. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
235	235	district may join and pay dues to a charitable or nonprofit
236	236	organization that performs a service or provides an activity
237	237	consistent with the furtherance of a district purpose.
238	238	Sec. 3872.111. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
239	239	district may establish and provide for the administration of one or
240	240	more programs to promote state or local economic development and to
241	241	stimulate business and commercial activity in the district,
242	242	including programs to:
243	243	(1) make loans and grants of public money; and
244	244	(2) provide district personnel and services.
245	245	(b) The district has all of the powers of a municipality
246	246	under Chapter 380, Local Government Code.
247	247	Sec. 3872.112. STRATEGIC PARTNERSHIP AGREEMENT. The
248	248	district may negotiate and enter into a written strategic
249	249	partnership agreement with a municipality under Section 43.0751,
250	250	Local Government Code.
251	251	Sec. 3872.113. LIMITED EMINENT DOMAIN. (a) The district
252	252	may exercise the power of eminent domain only for the purposes, only
253	253	to the extent, and subject to the limitations the general law
254	254	provides for a municipal utility district.
255	255	(b) The district may not exercise the power of eminent
256	256	domain outside the district to acquire a site or easement for:
257	257	(1) a road project authorized by Section 3872.104; or
258	258	(2) a recreational facility as defined by Section
259	259	49.462, Water Code.
260	260	Sec. 3872.114. ANNEXATION OR EXCLUSION OF LAND. (a) The
261	261	district may annex land as provided by Subchapter J, Chapter 49,
262	262	Water Code.
263	263	(b) The district may exclude land as provided by Subchapter
264	264	J, Chapter 49, Water Code. Section 375.044(b), Local Government
265	265	Code, does not apply to the district.
266	266	Sec. 3872.115. FIREFIGHTING AND EMERGENCY MEDICAL
267	267	SERVICES. Subchapter L, Chapter 49, Water Code, applies to the
268	268	district.
269	269	[Sections 3872.116-3872.150 reserved for expansion]
270	270	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
271	271	Sec. 3872.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
272	272	board by resolution shall establish the number of directors'
273	273	signatures and the procedure required for a disbursement or
274	274	transfer of the district's money.
275	275	Sec. 3872.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
276	276	The district may acquire, construct, finance, operate, maintain, or
277	277	provide any works, facilities, improvements, or services
278	278	authorized under this chapter, Chapter 375, Local Government Code,
279	279	or Chapters 49 and 54, Water Code, using any money available to the
280	280	district.
281	281	Sec. 3872.153. PETITION REQUIRED FOR FINANCING SERVICES AND
282	282	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
283	283	service or improvement project with assessments under this chapter
284	284	unless a written petition requesting that service or improvement
285	285	has been filed with the board.
286	286	(b) A petition filed under Subsection (a) must be signed by:
287	287	(1) the owners of a majority of the assessed value of
288	288	real property in the district subject to assessment according to
289	289	the most recent certified tax appraisal roll for Chambers County;
290	290	or
291	291	(2) at least 25 persons who own real property in the
292	292	district subject to assessment, if more than 25 persons own real
293	293	property in the district subject to assessment as determined by the
294	294	most recent certified tax appraisal roll for Chambers County.
295	295	Sec. 3872.154. METHOD OF NOTICE FOR HEARING. The district
296	296	may mail the notice required by Section 375.115(c), Local
297	297	Government Code, by certified or first class United States mail.
298	298	The board shall determine the method of notice.
299	299	Sec. 3872.155. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
300	300	The board by resolution may impose and collect an assessment for any
301	301	purpose authorized by this chapter in all or any part of the
302	302	district.
303	303	(b) An assessment, a reassessment, or an assessment
304	304	resulting from an addition to or correction of the assessment roll
305	305	by the district, penalties and interest on an assessment or
306	306	reassessment, an expense of collection, and reasonable attorney's
307	307	fees incurred by the district are:
308	308	(1) a first and prior lien against the property
309	309	assessed;
310	310	(2) superior to any other lien or claim other than a
311	311	lien or claim for county, school district, or municipal ad valorem
312	312	taxes; and
313	313	(3) the personal liability of and a charge against the
314	314	owners of the property even if the owners are not named in the
315	315	assessment proceedings.
316	316	(c) The lien is effective from the date of the board's
317	317	resolution imposing the assessment until the date the assessment is
318	318	paid. The board may enforce the lien in the same manner that the
319	319	board may enforce an ad valorem tax lien against real property.
320	320	(d) The board may make a correction to or deletion from the
321	321	assessment roll that does not increase the amount of assessment of
322	322	any parcel of land without providing notice and holding a hearing in
323	323	the manner required for additional assessments.
324	324	Sec. 3872.156. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
325	325	ASSESSMENTS. The district may not impose an impact fee or
326	326	assessment on the property, including the equipment,
327	327	rights-of-way, facilities, or improvements, of:
328	328	(1) an electric utility or a power generation company
329	329	as defined by Section 31.002, Utilities Code;
330	330	(2) a gas utility as defined by Section 101.003 or
331	331	121.001, Utilities Code;
332	332	(3) a telecommunications provider as defined by
333	333	Section 51.002, Utilities Code; or
334	334	(4) a person who provides to the public cable
335	335	television or advanced telecommunications services.
336	336	Sec. 3872.157. OPERATION AND MAINTENANCE TAX. (a) If
337	337	authorized at an election held in accordance with Section 3872.161,
338	338	the district may impose an operation and maintenance tax on taxable
339	339	property in the district in accordance with Section 49.107, Water
340	340	Code, for any district purpose, including to:
341	341	(1) maintain and operate the district;
342	342	(2) construct or acquire improvements; or
343	343	(3) provide a service.
344	344	(b) The board shall determine the tax rate. The rate may not
345	345	exceed the rate approved at the election.
346	346	Sec. 3872.158. CONTRACT TAXES. (a) In accordance with
347	347	Section 49.108, Water Code, the district may impose a tax other than
348	348	an operation and maintenance tax and use the revenue derived from
349	349	the tax to make payments under a contract after the provisions of
350	350	the contract have been approved by a majority of the district voters
351	351	voting at an election held for that purpose.
352	352	(b) A contract approved by the district voters may contain a
353	353	provision stating that the contract may be modified or amended by
354	354	the board without further voter approval.
355	355	Sec. 3872.159. AUTHORITY TO BORROW MONEY AND TO ISSUE
356	356	BONDS. (a) The district may borrow money on terms and conditions
357	357	as determined by the board. Section 375.205, Local Government
358	358	Code, does not apply to a loan, line of credit, or other borrowing
359	359	from a bank or financial institution secured by revenue other than
360	360	ad valorem taxes.
361	361	(b) The district may issue bonds, notes, or other
362	362	obligations payable wholly or partly from ad valorem taxes,
363	363	assessments, impact fees, revenue, contract payments, grants, or
364	364	other district money, or any combination of those sources of money,
365	365	to pay for any authorized district purpose.
366	366	Sec. 3872.160. TAXES FOR BONDS. At the time the district
367	367	issues bonds payable wholly or partly from ad valorem taxes, the
368	368	board shall provide for the annual imposition of a continuing
369	369	direct annual ad valorem tax, without limit as to rate or amount,
370	370	while all or part of the bonds are outstanding as required and in
371	371	the manner provided by Sections 54.601 and 54.602, Water Code.
372	372	Sec. 3872.161. ELECTIONS REGARDING TAXES AND BONDS. (a)
373	373	The district may issue, without an election, bonds, notes, and
374	374	other obligations secured by:
375	375	(1) revenue other than ad valorem taxes; or
376	376	(2) contract payments described by Section 3872.158.
377	377	(b) The district must hold an election in the manner
378	378	provided by Subchapter L, Chapter 375, Local Government Code, to
379	379	obtain voter approval before the district may impose an ad valorem
380	380	tax or issue bonds payable from ad valorem taxes.
381	381	(c) The district may not issue bonds payable from ad valorem
382	382	taxes to finance a road project unless the issuance is approved by a
383	383	vote of a two-thirds majority of the district voters voting at an
384	384	election held for that purpose.
385	385	(d) At the time of issuance, the total principal amount of
386	386	bonds or other obligations issued or incurred to finance road
387	387	projects and payable from ad valorem taxes may not exceed
388	388	one-fourth of the assessed value of the real property in the
389	389	district.
390	390	(e) Sections 375.207 and 375.243, Local Government Code, do
391	391	not apply to the district.
392	392	Sec. 3872.162. COMPETITIVE BIDDING. Subchapter I, Chapter
393	393	49, Water Code, applies to the district. Subchapter K, Chapter 375,
394	394	Local Government Code, does not apply to the district.
395	395	Sec. 3872.163. TAX AND ASSESSMENT ABATEMENTS. The district
396	396	may grant in the manner authorized by Chapter 312, Tax Code, an
397	397	abatement for a tax or assessment owed to the district.
398	398	[Sections 3872.164-3872.200 reserved for expansion]
399	399	SUBCHAPTER E. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED
400	400	PROPERTY
401	401	Sec. 3872.201. AUTHORITY TO ESTABLISH DEFINED AREAS OR
402	402	DESIGNATED PROPERTY. The district may define areas or designate
403	403	certain property of the district to pay for improvements,
404	404	facilities, or services that primarily benefit that area or
405	405	property and do not generally and directly benefit the district as a
406	406	whole.
407	407	Sec. 3872.202. PROCEDURE FOR ELECTION. (a) Before the
408	408	district may impose an ad valorem tax or issue bonds payable from ad
409	409	valorem taxes of the defined area or designated property, the board
410	410	shall call and hold an election in the defined area or within the
411	411	boundaries of the designated property only.
412	412	(b) The election shall be conducted as provided by Section
413	413	3872.161.
414	414	(c) The board may submit the issues to the voters on the same
415	415	ballot to be used in another election.
416	416	Sec. 3872.203. DECLARING RESULTS AND ISSUING ORDER. (a) If
417	417	a majority of the voters voting at the election approve the
418	418	proposition or propositions, the board shall declare the results
419	419	and, by order, shall establish the defined area and describe it by
420	420	metes and bounds or designate the specific property.
421	421	(b) The board's order is not subject to judicial review
422	422	except on the ground of fraud, palpable error, or arbitrary and
423	423	confiscatory abuse of discretion.
424	424	Sec. 3872.204. TAXES FOR IMPROVEMENTS AND FACILITIES IN
425	425	DEFINED AREAS OR DESIGNATED PROPERTY. On voter approval and
426	426	adoption of the order described by Section 3872.203, the district
427	427	may apply separately, differently, equitably, and specifically its
428	428	taxing power and lien authority to the defined area or designated
429	429	property to provide money to construct, administer, maintain, and
430	430	operate services, improvements, and facilities that primarily
431	431	benefit the defined area or designated property.
432	432	Sec. 3872.205. ISSUANCE OF BONDS FOR DEFINED AREA OR
433	433	DESIGNATED PROPERTY. After the order under Section 3872.203 is
434	434	adopted, the district may issue bonds to provide for any land,
435	435	improvements, facilities, plants, equipment, and appliances for
436	436	the defined area or designated property.
437	437	[Sections 3872.206-3872.250 reserved for expansion]
438	438	SUBCHAPTER F. MUNICIPAL ANNEXATION AND EFFECT ON MUNICIPAL POWERS
439	439	Sec. 3872.251. MUNICIPAL ANNEXATION OF THE DISTRICT.
440	440	Notwithstanding Chapter 43, Local Government Code, a municipality
441	441	in whose extraterritorial jurisdiction the district is located may
442	442	annex all or part of the district. Municipal annexation of all or
443	443	part of the district has no effect on the validity of the district
444	444	and the district shall continue to exist and exercise the powers
445	445	granted by this Act. Municipal annexation does not result in total
446	446	or partial dissolution of the district or an assumption by the
447	447	annexing municipality of any of the district's obligations or
448	448	indebtedness.
449	449	Sec. 3872.252. EFFECT ON MUNICIPAL POWERS. (a) The
450	450	creation of the district does not affect the power of a municipality
451	451	in whose extraterritorial jurisdiction the district or part of the
452	452	district lies to:
453	453	(1) designate all or part of the district as an
454	454	industrial district;
455	455	(2) limit a power of the municipality conferred by
456	456	Chapter 42, Local Government Code; or
457	457	(3) provide municipal services to any area in the
458	458	municipality or its extraterritorial jurisdiction that is also in
459	459	the district.
460	460	(b) The creation of the district does not affect the power
461	461	the municipality had before the district was created to spend money
462	462	or provide services.
463	463	SECTION 2. Chambers County Improvement District No. 2
464	464	initially includes all territory contained in the following area:
465	465	A certain 723.06 acre tract, situated in the G. L. Short
466	466	Survey, Abstract No. 228, the R. A. Porter Survey, Abstract No. 205
467	467	in Chambers County, Texas; being all of a called 1.9725 acre tract
468	468	(Tract 1), all of a called 17.5648 acre tract (Tract 2), all of a
469	469	called 665.8778 acre tract (Tract 3), and all of a called 37.6437
470	470	acre tract (Tract 4) described in Deed of Trust recorded in Volume
471	471	(08) 1053, Page 719 of the Chambers County Official Public Records;
472	472	said 723.06 acre tract being comprised of four tracts and being more
473	473	particularly described as follows with all bearings being based on
474	474	the Texas Coordinate System, South Central Zone, NAD83;
475	475	Tract I - 1.97 acres
476	476	BEGINNING at the northeast corner of said called 1.9725 acre
477	477	tract, being in the north right-of-way line of Farm to Market Road
478	478	No. 565 (Old Alignment), as recorded in Volume 120, Page 475 of the
479	479	Chambers County Deed Records;
480	480	THENCE, along the southeast line of the said 1.9725 acre
481	481	tract, common with the northwest right-of-way line of said Farm to
482	482	Market Road No. 565 (Old Alignment), along the arc of a curve to the
483	483	left having a radius of 612.96 feet, a central angle of 8006'02", an
484	484	arc length of 856.93 feet, and a long chord bearing South 3832'49"
485	485	West, 788.83 feet, to a point for corner;
486	486	THENCE, South 0130'10" East, continuing along said common
487	487	line, 51.93 feet to a point for corner marking the southern corner
488	488	of the said 1.9725 acre tract, being in the east line of a called
489	489	63.623 acre tract as recorded in Volume (07) 995, Page 26 of the
490	490	Chambers County Official Public Records;
491	491	THENCE, North 1322'45" West, along the west line of the said
492	492	1.9725 acre tract, common with the east line of the said 63.623 acre
493	493	tract, 559.38 feet to the northwest corner of the said 1.9725 acre
494	494	tract, common with a southwest corner of a called 92.8172 acre tract
495	495	as recorded in Volume (07) 943, Page 142 of the Chambers County
496	496	Official Public Records;
497	497	THENCE, North 7837'32" East, along the north line of said
498	498	1.9725 acre tract, common with a south line of said 92.8172 acre
499	499	tract, 632.05 feet to the POINT OF BEGINNING, CONTAINING 1.97 acres
500	500	of land in Chambers County, Texas.
501	501	Tract II - 17.56 acres;
502	502	BEGINNING at the northeast corner of the aforementioned
503	503	17.5648 acre tract, being in the south right-of-way line of the
504	504	aforementioned Farm to Market Road No. 565 (Old Alignment);
505	505	THENCE, South 1751'16" East, 48.43 feet to the beginning of a
506	506	non-tangent curve to the left in the north right-of-way line of Farm
507	507	to Market Road No. 565 (new right-of-way location) as described in
508	508	Volume (90) 104, Page 441 of the Chambers County Official Public
509	509	Records;
510	510	THENCE, along the south line of the aforementioned 17.5648
511	511	acre tract, common with the north right-of-way line of said Farm to
512	512	Market Road No. 565 (new right-of-way location) the following three
513	513	(3) courses and distances:
514	514	1. Along the arc of said non-tangent curve to the left having
515	515	a radius of 1,969.86 feet, a central angle of 1410'39", an
516	516	arc length of 487.43 feet, and a long chord bearing South
517	517	5041'22" West, 486.19 feet to a point for corner;
518	518	2. South 4336'03" West, 894.38 feet to the beginning of a
519	519	curve to the right;
520	520	3. Along the arc of said curve to the right having a radius of
521	521	1,849.86 feet, a central angle of 1538'15", an arc length
522	522	of 504.88 feet, and a long chord bearing South 5125'10"
523	523	West, 503.31 feet to a point for corner;
524	524	THENCE, North 1325'03" West, 198.68 feet to the beginning of
525	525	a non-tangent curve to the left;
526	526	THENCE, along the arc of said curve to the left having a
527	527	radius of 612.96 feet, a central angle of 1010'16", an arc length of
528	528	108.81 feet, and a long chord bearing North 0334'57" East, 108.67
529	529	feet to a point for corner;
530	530	THENCE, North 0130'10" West, 278.30 feet to the beginning of
531	531	a curve to the right;
532	532	THENCE, along the arc of said curve to the right having a
533	533	radius of 532.96 feet, a central angle of 8005'59", an arc length of
534	534	745.08 feet, and a long chord bearing North 3832'49" East, 685.87
535	535	feet to a point for corner;
536	536	THENCE, North 7837'32" East, 1,010.63 feet to the POINT OF
537	537	BEGINNING, CONTAINING 17.56 acres of land in Chambers County,
538	538	Texas.
539	539	Tract III - 665.89 acres
540	540	BEGINNING at the northeast corner of the said 665.8778 acre
541	541	tract, being in the south right-of-way line of the aforementioned
542	542	Farm to Market Road No. 565 (new right-of-way location);
543	543	THENCE, South 0231'31" East, 2,829.73 feet to a point for
544	544	corner;
545	545	THENCE, North 8711'15" East, 2,512.35 feet to a point for
546	546	corner;
547	547	THENCE, South 0247'49" East, 1,273.52 feet to a point for
548	548	corner;
549	549	THENCE, South 3241'35" West, 1,392.72 feet to a point for
550	550	corner;
551	551	THENCE, South 3138'35" West, 3,151.63 feet to the beginning
552	552	of a curve to the left;
553	553	THENCE, along the arc of said curve to the left having a
554	554	radius of 580.00 feet, a central angle of 2830'23", an arc length of
555	555	288.57 feet, and a long chord bearing South 1723'24" West, 285.60
556	556	feet to a point for corner;
557	557	THENCE, South 7719'54" West, 641.27 feet to a point for
558	558	corner;
559	559	THENCE, North 1247'30" West, 3,758.66 feet to a point for
560	560	corner;
561	561	THENCE, South 7718'04" West, 2,710.22 feet to a point for
562	562	corner;
563	563	THENCE, North 1219'24" West, 3,101.61 feet to a point for
564	564	corner;
565	565	THENCE, North 7709'13" East, 554.11 feet to the beginning of
566	566	a curve to the left;
567	567	THENCE, along the arc of said curve to the left having a
568	568	radius of 1,969.86 feet, a central angle of 0825'45", an arc length
569	569	of 289.80 feet, and a long chord bearing North 7256'20" East,
570	570	289.54 feet to a point for corner;
571	571	THENCE, North 7655'21" East, 282.15 feet to a point for
572	572	corner;
573	573	THENCE, North 1325'02" West, 61.94 feet to the beginning of a
574	574	non-tangent curve to the left;
575	575	THENCE, along the arc of said curve to the left having a
576	576	radius of 1,969.86 feet, a central angle of 1643'28", an arc length
577	577	of 575.00 feet, and a long chord bearing North 5157'47" East,
578	578	572.96 feet to a point for corner;
579	579	THENCE, North 4336'03" East, 894.38 feet to the beginning of
580	580	a curve to the right;
581	581	THENCE, along the arc of said curve to the right having a
582	582	radius of 1,849.86 feet, a central angle of 3500'00", an arc length
583	583	of 1,130.02 feet, and a long chord bearing North 6106'03" East,
584	584	1,112.53 feet to a point for corner;
585	585	THENCE, North 7836'03" East, 522.22 feet to the beginning of
586	586	a curve to the right;
587	587	THENCE, along the arc of said curve to the right having a
588	588	radius of 5,669.58 feet, a central angle of 0102'10", an arc length
589	589	of 102.52 feet, and a long chord bearing North 7907'09" East,
590	590	102.52 feet to a point for corner;
591	591	THENCE, North 7938'13" East, 840.21 feet to the POINT OF
592	592	BEGINNING, CONTAINING 665.89 acres of land in Chambers County,
593	593	Texas.
594	594	Tract IV - 37.64 acres
595	595	BEGINNING at the north corner of the aforementioned called
596	596	37.6437 acre tract, being in the southeast line of the Coastal
597	597	Industrial Water Authority Canal (called 180-feet wide) as recorded
598	598	in Volume 308, Page 281 of the Chambers County Deed Records;
599	599	THENCE, South 0247'49" East, along the east line of the said
600	600	37.6437 acre tract, common with the east line of the remainder of a
601	601	called 210.29 acre tract as recorded in Volume 172, Page 166 of the
602	602	Chambers County Deed Records, 2,158.70 feet to a point for corner
603	603	marking the southeast corner of the said 37.6437 acre tract, common
604	604	with the northeast corner of a called 59.974 acre tract recorded in
605	605	Volume 165, Page 456, of the Chambers County Deed Records;
606	606	THENCE, South 8714'55" West, along the south line of the said
607	607	37.6437 acre tract, common with the north line of said 59.974 acre
608	608	tract, 1,504.79 feet to a point for corner marking the southwest
609	609	corner of the said 37.6437 acre tract being in the southeast line of
610	610	the aforementioned Coastal Industrial Water Authority Canal;
611	611	THENCE, North 3138'35" East, along the northwest line of the
612	612	said 37.6437 acre tract, common with the being in the southeast line
613	613	of the aforementioned Coastal Industrial Water Authority Canal,
614	614	1,491.90 feet to a point for corner,
615	615	THENCE, North 3241'35" East, continuing along said common
616	616	line, 1,138.65 feet to the POINT OF BEGINNING, CONTAINING 37.64
617	617	acres of land in Chambers County, Texas along with the herein
618	618	described 1.97 acre tract (Tract I), and the herein described 17.56
619	619	acre tract (Tract II), and the herein described 665.88 acres (Tract
620	620	III) for a total acreage of 723.06 acres.
621	621	SECTION 3. (a) The legal notice of the intention to
622	622	introduce this Act, setting forth the general substance of this
623	623	Act, has been published as provided by law, and the notice and a
624	624	copy of this Act have been furnished to all persons, agencies,
625	625	officials, or entities to which they are required to be furnished
626	626	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
627	627	Government Code.
628	628	(b) The governor, one of the required recipients, has
629	629	submitted the notice and Act to the Texas Commission on
630	630	Environmental Quality.
631	631	(c) The Texas Commission on Environmental Quality has filed
632	632	its recommendations relating to this Act with the governor,
633	633	lieutenant governor, and speaker of the house of representatives
634	634	within the required time.
635	635	(d) The general law relating to consent by political
636	636	subdivisions to the creation of districts with conservation,
637	637	reclamation, and road powers and the inclusion of land in those
638	638	districts has been complied with.
639	639	(e) All requirements of the constitution and laws of this
640	640	state and the rules and procedures of the legislature with respect
641	641	to the notice, introduction, and passage of this Act have been
642	642	fulfilled and accomplished.
643	643	SECTION 4. This Act takes effect immediately if it receives
644	644	a vote of two-thirds of all the members elected to each house, as
645	645	provided by Section 39, Article III, Texas Constitution. If this
646	646	Act does not receive the vote necessary for immediate effect, this
647	647	Act takes effect September 1, 2009.