By: Patrick S.B. No. 1882
A BILL TO BE ENTITLED
AN ACT
relating to the creation of Harris County Improvement District No.
22; providing authority to levy 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 3904 to read as follows:
CHAPTER 3904. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 22
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3904.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Houston.
(3) "County" means Harris County.
(4) "Director" means a board member.
(5) "District" means the Harris County Improvement
District No. 22.
Sec. 3904.002. NATURE OF DISTRICT. The Harris County
Improvement District No. 22 is a special district created under
Section 59, Article XVI, Texas Constitution.
Sec. 3904.003. 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, the
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 the city or the county from providing the
level of services provided as of the effective date of the Act
enacting this chapter to the area in the district. The district is
created to supplement and not to supplant city or county services
provided in the district.
Sec. 3904.004. 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 further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment; and
(3) developing or expanding transportation and
commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, 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. 3904.005. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake in the
field notes or in copying the field notes in the legislative process
does not 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. 3904.006. 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;
(3) an enterprise zone created under Chapter 2303,
Government Code; or
(4) an industrial district created under Chapter 42,
Local Government Code.
Sec. 3904.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3904.008. CONSTRUCTION OF CHAPTER. This chapter shall
be liberally construed in conformity with the findings and purposes
stated in this chapter.
[Sections 3904.009-3904.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3904.051. 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 if the board determines that the change is in
the best interest of the district. The board may not consist of
fewer than 5 or more than 15 voting directors.
Sec. 3904.052. APPOINTMENT OF VOTING DIRECTORS. The Texas
Commission on Environmental Quality shall appoint voting directors
from persons recommended by the board.
Sec. 3904.053. INITIAL VOTING DIRECTORS. (a) The initial
board consists of the following voting directors:
Pos. No. Name of Director Pos. No. Name of Director
Pos. No. Name of Director
1 Brian Burks 1 Brian Burks
1 Brian Burks
2 David Kayle 2 David Kayle
2 David Kayle
3 Lisa Chahin 3 Lisa Chahin
3 Lisa Chahin
4 Steve Tennis 4 Steve Tennis
4 Steve Tennis
5 Jonathon St. Romain 5 Jonathon St. Romain
5 Jonathon St. Romain
(b) Of the initial directors, the terms of directors
appointed for positions one through three expire June 1, 2013, and
the terms of directors appointed for positions four and five expire
June 1, 2015.
(c) Section 3904.052 does not apply to this section.
(d) This section expires September 1, 2016.
Sec. 3904.054. NONVOTING DIRECTORS. The board may appoint
nonvoting directors to serve at the pleasure of the voting
directors.
Sec. 3904.055. 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. 3904.056. 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 3904.057-3904.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3904.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3904.102. IMPROVEMENT PROJECTS AND SERVICES. The
district may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service using money available to the district, or contract with a
governmental or private entity to provide, design, construct,
acquire, improve, relocate, operate, maintain, or finance an
improvement or service authorized under this chapter or Chapter
375, Local Government Code.
Sec. 3904.103. DEVELOPMENT CORPORATION POWERS. The
district, using money available to 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 under that
chapter.
Sec. 3904.104. 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 to be a local
government corporation created under Subchapter D, 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 Subchapter D,
Chapter 431, Transportation Code, except that a board member is not
required to reside in the district.
Sec. 3904.105. AGREEMENTS; GRANTS. (a) As provided by
Chapter 375, Local Government Code, 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. 3904.106. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the county or the city, to provide law enforcement
services in the district for a fee.
Sec. 3904.107. 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. 3904.108. ECONOMIC DEVELOPMENT. (a) The district may
engage in activities that accomplish the economic development
purposes of the district.
(b) 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.
(c) The district may create economic development programs
and exercise the economic development powers provided to
municipalities by:
(1) Chapter 380, Local Government Code; and
(2) Subchapter A, Chapter 1509, Government Code.
Sec. 3904.109. PARKING FACILITIES. (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 lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) 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.
(c) The district's parking facilities are necessary
components of a street and are considered to be a street or road
improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 3904.110. 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.
Sec. 3904.111. STRATEGIC PARTNERSHIP AGREEMENT. The
district may negotiate and enter into a written strategic
partnership under Section 43.0751, Local Government Code, with a
municipality in whose extraterritorial jurisdiction the district
is located.
Sec. 3904.112. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
[Sections 3904.113-3904.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3904.151. 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 district money.
Sec. 3904.152. 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. 3904.153. 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 the county.
Sec. 3904.154. 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. 3904.155. 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 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. 3904.156. RESIDENTIAL PROPERTY NOT EXEMPT. Section
375.161, Local Government Code, does not apply to a tax approved by
the district voters or a required payment for service provided by
the district, including water and sewer services.
Sec. 3904.157. 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. 3904.158. TAX AND ASSESSMENT ABATEMENTS. The district
may designate reinvestment zones and may grant abatements of a tax
or assessment on property in the zones.
[Sections 3904.159-3904.200 reserved for expansion]
SUBCHAPTER E. TAXES AND BONDS
Sec. 3904.201. 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 3904.203.
(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 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 its bonds may be
submitted as a single proposition or as several propositions to be
voted on at the election.
Sec. 3904.202. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election held in accordance with Section 3904.201, the district may
impose an 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. 3904.203. 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. 3904.204. AUTHORITY TO BORROW MONEY AND TO ISSUE
BONDS. (a) The district may borrow money on terms 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,
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.
Sec. 3904.205. 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 annual ad valorem tax, without limit as to rate or amount,
for each year that 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. 3904.206. BONDS FOR RECREATIONAL FACILITIES. 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.
[Sections 3904.207-3904.250 reserved for expansion]
SUBCHAPTER F. DEFINED AREAS
Sec. 3904.251. 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. 3904.252. 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 3904.251, the board shall call and hold an election in the
defined area or within the boundaries of the designated property
only.
(b) The board may submit the proposition to the voters on
the same ballot to be used in another election.
Sec. 3904.253. 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) The board's order is not subject to judicial review.
Sec. 3904.254. TAXES FOR SERVICES, IMPROVEMENTS, AND
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
approval and adoption of the order described by Section 3904.253,
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. 3904.255. ISSUANCE OF BONDS FOR DEFINED AREAS OR
DESIGNATED PROPERTY. After the order under Section 3904.253 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 3904.256-3904.300 reserved for expansion]
SUBCHAPTER G. MUNICIPAL ANNEXATION AND DISSOLUTION
Sec. 3904.301. MUNICIPAL ANNEXATION; DISSOLUTION.
(a) The district is a "water or sewer district" under Section
43.071, Local Government Code.
(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. Harris County Improvement District No. 22
initially includes all territory contained in the following area:
A FIELD NOTE DESCRIPTION of 82.7881 acres (3,606,248 square
feet) of land in the William Perkins Survey, Abstract No. 621, in
the T. A. Duclos Survey, Abstract No. 1473 and in the C. W. Hall
Survey, Abstract No. 1639, Harris County, Texas; said 82.7881 acre
tract of land being part of a 24.9205 acre tract of land described
as "Tract 1", being part of a 59.7996 acre tract of land described
as "Tract 2", conveyed to A-K Texas Venture Capital, L.C., as
recorded under Harris County Clerk's File No. P577137, being all of
Proposed Grand Parkway (width varies) as recorded in Harris County
Clerk's File Nos. L091863 and T419832, being all of Lot 1, conveyed
to John H. Walker, Jr., as recorded under Harris County Clerk's File
No. U083376, being all of Lot 3, conveyed to Jack Hall, as recorded
under Harris County Clerk's File No. U083379, being all of Lot 4,
conveyed to Margaret Gallagher, as recorded under Harris County
Clerk's File No. U083382 and being all of Lot 5, conveyed to Robert
Conwell, as recorded under Harris County Clerk's File No. U083385;
said tract being more particularly described by metes and bounds as
follows with the bearings being based on the easterly right-of-way
line of Boudreaux Road (60 feet wide), as recorded under Harris
County Clerk's File No. P577137, the bearing being North 02° 41' 05"
West:
COMMENCING FOR REFERENCE at a 5/8-inch iron rod with cap set
at the intersection of the south right-of-way line of said
Boudreaux Road with the east line of said Boudreaux Road for the
northwest corner of a 14.8700 acre tract of land conveyed to Greater
Life Church, as recorded under Harris County Clerk's File No.
P747894;
THENCE, North 87° 37' 18" East - 600.21 feet with the north
line of said 14.8700 acre tract and with the south right-of-way line
of Boudreaux Road to a 5/8-inch iron rod with cap set for the
northwest corner and POINT OF BEGINNING of this tract;
THENCE, North 87° 37' 18" East - 552.95 feet with the south
right-of-way line of said Boudreaux Road to a 5/8-inch iron rod with
cap set for the northwest end of a cutback corner at the
intersection of the south right-of-way line of said Boudreaux Road
with the west right-of-way line of State Highway 249 (right-of-way
width varies) for an angle point of this tract;
THENCE, South 58° 59' 02" East - 40.31 feet with said cutback
to a 5/8-inch iron rod with cap set in the west right-of-way line of
said State Highway No. 249 for an angle point of this tract;
THENCE, South 18° 19' 22" East - 367.55 feet with the west
right-of-way line of said State Highway 249 to a 5/8-inch iron rod
found for the beginning of a non-tangent curve to the left;
THENCE, in a southerly direction with the west right-of-way
line of said State Highway 249 and with a curve to the left having a
radius of 5,940.58 feet, a central angle of 08° 30' 26", a length of
882.05 feet and a chord bearing South 22° 37' 15" East - 881.24 feet
to a 5/8-inch iron rod with cap set for a
point-of-reverse-curvature;
THENCE, in a southerly direction with the west right-of-way
line of said State Highway 249 and with said curve to the right
having a radius of 1,379.00 feet, a central angle of 04° 10' 43", a
length of 100.57 feet and a chord bearing South 24° 35' 34" East -
100.55 feet to a 5/8-inch iron rod with cap set for a
point-of-non-tangency;
THENCE, South 22° 42' 55" East - 154.41 feet with the west
right-of-way line of said State Highway 249 to a Texas Department of
Transportation Monument Disk found for a point-of-curvature;
THENCE, in a southeasterly direction with the west
right-of-way line of said State Highway 249 and with a curve to left
having a radius of 1,512.00 feet, a central angle of 12° 29' 50", a
length of 329.80 feet and a chord bearing South 28° 57' 50" East -
329.14 feet to a Texas Department of Transportation Monument Disk
found for a point-of-non-tangency;
THENCE, South 35° 11' 04" East - 395.67 feet with the west
right-of-way line of said State Highway 249 to a Texas Department of
Transportation Monument Disk found for the north end of a cutback at
the intersection of the west right-of-way line of said State
Highway 249 with the north right-of-way line of Proposed Boudreaux
Road (100 feet wide), as recorded under Harris County Clerk's File
No. D900150 for a southeast corner of this tract;
THENCE, South 08° 41' 12" West - 53.94 feet with said cutback
to a Texas Department of Transportation Monument Disk found for a
south corner of this tract;
THENCE, South 58° 20' 27" West - 791.84 feet with the
northwest right-of-way line of said Proposed Boudreaux Road to a
5/8-inch iron rod found for the beginning of a non-tangent curve to
the right;
THENCE, in a westerly direction with the north right-of-way
line of said Proposed Boudreaux Road and with said curve to the
right having a radius of 2,750.00 feet, a central angle of 28° 57'
23", a length of 1,389.80 feet and a chord bearing South 72° 52' 14"
West - 1,375.06 feet to a 5/8-inch iron rod found at the
intersection of the north right-of-way line of said Proposed
Boudreaux Road with the east right-of-way line of said Boudreaux
Road for the southwest corner of this tract;
THENCE, North 02° 41' 05" West - 1,579.90 feet with the east
right-of-way line of said Boudreaux Road to a 5/8-inch iron rod
found for the southwest corner of said 14.8700 acre tract and for a
northwest corner of this tract;
THENCE, North 52° 05' 02" East - 418.86 feet with the
northwest right-of-way line of said Proposed Grand Parkway and with
the southeast line of said 14.8700 acre tract to a 5/8-inch iron rod
found for the southeast corner of said 14.8700 acre tract, with the
southwest corner of said "Tract 1" and with an interior corner of
this tract;
THENCE, North 01° 53' 02" West - 887.65 feet with the east line
of said 14.8700 acre tract and with the west line of said "Tract 1"
to the POINT OF BEGINNING and containing 82.7881 acres (3,606,248
square feet) of land.
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, 2011.
Pos. No. Name of Director
1 Brian Burks
2 David Kayle
3 Lisa Chahin
4 Steve Tennis
5 Jonathon St. Romain