85R10123 JCG-F
By: Faircloth H.B. No. 2748
A BILL TO BE ENTITLED
AN ACT
relating to the Chambers County Improvement District No. 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3872.002, Special District Local Laws
Code, is amended to read as follows:
Sec. 3872.002. CREATION AND NATURE OF DISTRICT; IMMUNITY.
(a) The district is a special district created under Sections 52
and 52-a, Article III, and Section 59, Article XVI, Texas
Constitution.
(b) The district is a governmental unit under Chapter 101,
Civil Practice and Remedies Code, and the operations of the
district are essential government functions and are not proprietary
functions for any purpose, including the application of Chapter
101, Civil Practice and Remedies Code.
(c) This chapter does not waive any governmental or
sovereign immunity from suit, liability, or judgment applicable to
the district.
SECTION 2. Section 3872.006(d), Special District Local Laws
Code, is amended to read as follows:
(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 road facilities 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.
SECTION 3. Section 3872.008, Special District Local Laws
Code, is amended to read as follows:
Sec. 3872.008. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district may be included in one or
more of the following:
(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.
SECTION 4. Subchapter A, Chapter 3872, Special District
Local Laws Code, is amended by adding Section 3872.011 to read as
follows:
Sec. 3872.011. CONFLICTS OF LAW. This chapter prevails over
any provision of general law, including a provision of Chapter 375,
Local Government Code, or Chapter 49, Water Code, that is in
conflict or inconsistent with this chapter.
SECTION 5. Subchapter B, Chapter 3872, Special District
Local Laws Code, is amended by adding Section 3872.054 to read as
follows:
Sec. 3872.054. DISQUALIFICATION OF DIRECTORS. Section
49.052, Water Code, applies to the district.
SECTION 6. Section 3872.102, Special District Local Laws
Code, is amended to read as follows:
Sec. 3872.102. RECREATIONAL FACILITIES. The district may
develop or finance recreational facilities as authorized by Chapter
375, Local Government Code, Sections 52 and 52-a, Article III,
Texas Constitution, Section 59, Article XVI, Texas Constitution,
and any other law that applies to the district.
SECTION 7. Section 3872.104, Special District Local Laws
Code, is amended to read as follows:
Sec. 3872.104. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may own, operate,
maintain, improve, design, acquire, construct, finance, and issue
bonds, notes, or other obligations for[, improve, and convey to
this state, a county, or a municipality for operation and
maintenance] macadamized, graveled, or paved roads or
improvements, including storm drainage and other improvements
located in or adjacent to road rights-of-way, in aid of those roads.
SECTION 8. Subchapter C, Chapter 3872, Special District
Local Laws Code, is amended by adding Section 3872.1051 to read as
follows:
Sec. 3872.1051. CONVEYANCE AND APPROVAL OF ROAD PROJECT.
(a) The district may convey a road project authorized by Section
3872.104 to:
(1) the municipality or county that will operate and
maintain the road if the municipality or county has approved the
plans and specifications of the road project; or
(2) the state if the state will operate and maintain
the road and the Texas Transportation Commission has approved the
plans and specifications of the road project.
(b) Except as provided by Subsection (c), the district shall
operate and maintain a road project authorized by Section 3872.104
that the district implements and does not convey to a municipality,
a county, or this state under Subsection (a).
(c) The district may agree in writing with a municipality, a
county, or this state to assign operation and maintenance duties to
the district, the municipality, the county, or this state in a
manner other than the manner described in Subsections (a) and (b).
SECTION 9. Section 3872.109, Special District Local Laws
Code, is amended to read as follows:
Sec. 3872.109. LAW ENFORCEMENT SERVICES. Section 49.216,
Water Code, applies to the district [AUTHORITY TO CONTRACT FOR LAW
ENFORCEMENT. To protect the public interest, the district may
contract with a qualified party, including Chambers County or the
City of Baytown, for the provision of law enforcement services in
the district for a fee].
SECTION 10. Section 3872.155(a), Special District Local
Laws Code, is amended to read as follows:
(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 regardless of whether the part of the district
where the assessment is to be imposed is subject to an assessment
previously imposed by the board.
SECTION 11. Section 3872.105, Special District Local Laws
Code, is repealed.
SECTION 12. The change in law made by Section 3872.054,
Special District Local Laws Code, as added by this Act, does not
affect the entitlement of a member serving on the board of directors
of the Chambers County Improvement District No. 2 immediately
before the effective date of this Act to continue to carry out the
board's functions for the remainder of the member's term. The
change in law applies only to a member elected on or after the
effective date of this Act.
SECTION 13. (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, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) 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 are fulfilled
and accomplished.
SECTION 14. 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, 2017.