Texas 2017 - 85th Regular

Texas House Bill HB4343 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		85R28366 SMT-D
2	2		By: Oliverson H.B. No. 4343
	3	+	Substitute the following for H.B. No. 4343:
	4	+	By: Cosper C.S.H.B. No. 4343
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to the creation of Harris County Improvement District No.
8	10		26; providing authority to issue bonds; providing authority to
9	11		impose assessments, fees, and taxes.
10	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		SECTION 1. Subtitle C, Title 4, Special District Local Laws
12	14		Code, is amended by adding Chapter 3800 to read as follows:
13	15		CHAPTER 3800. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 26
14	16		SUBCHAPTER A. GENERAL PROVISIONS
15	17		Sec. 3800.001. DEFINITIONS. In this chapter:
16	18		(1) "Board" means the district's board of directors.
17	19		(2) "City" means the City of Houston.
18	20		(3) "County" means Harris County.
19	21		(4) "Director" means a board member.
20	22		(5) "District" means the Harris County Improvement
21	23		District No. 26.
22	24		Sec. 3800.002. CREATION AND NATURE OF DISTRICT. The
23	25		district is a special district created under Section 59, Article
24	26		XVI, Texas Constitution.
25	27		Sec. 3800.003. PURPOSE; DECLARATION OF INTENT. (a) The
26	28		creation of the district is essential to accomplish the purposes of
27	29		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
28	30		Texas Constitution, and other public purposes stated in this
29	31		chapter. By creating the district and in authorizing the city, the
30	32		county, and other political subdivisions to contract with the
31	33		district, the legislature has established a program to accomplish
32	34		the public purposes set out in Section 52-a, Article III, Texas
33	35		Constitution.
34	36		(b) The creation of the district is necessary to promote,
35	37		develop, encourage, and maintain employment, commerce,
36	38		transportation, housing, tourism, recreation, the arts,
37	39		entertainment, economic development, safety, and the public
38	40		welfare in the district.
39	41		(c) This chapter and the creation of the district may not be
40	42		interpreted to relieve the city or the county from providing the
41	43		level of services provided as of the effective date of the Act
42	44		enacting this chapter to the area in the district. The district is
43	45		created to supplement and not to supplant city or county services
44	46		provided in the district.
45	47		Sec. 3800.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
46	48		The district is created to serve a public use and benefit.
47	49		(b) All land and other property included in the district
48	50		will benefit from the improvements and services to be provided by
49	51		the district under powers conferred by Sections 52 and 52-a,
50	52		Article III, and Section 59, Article XVI, Texas Constitution, and
51	53		other powers granted under this chapter.
52	54		(c) The creation of the district is in the public interest
53	55		and is essential to further the public purposes of:
54	56		(1) developing and diversifying the economy of the
55	57		state;
56	58		(2) eliminating unemployment and underemployment; and
57	59		(3) developing or expanding transportation and
58	60		commerce.
59	61		(d) The district will:
60	62		(1) promote the health, safety, and general welfare of
61	63		residents, employers, potential employees, employees, visitors,
62	64		and consumers in the district, and of the public;
63	65		(2) provide needed funding for the district to
64	66		preserve, maintain, and enhance the economic health and vitality of
65	67		the district territory as a community and business center;
66	68		(3) promote the health, safety, welfare, and enjoyment
67	69		of the public by providing pedestrian ways and by landscaping and
68	70		developing certain areas in the district, which are necessary for
69	71		the restoration, preservation, and enhancement of scenic beauty;
70	72		and
71	73		(4) provide for water, wastewater, drainage, road, and
72	74		recreational facilities for the district.
73	75		(e) Pedestrian ways along or across a street, whether at
74	76		grade or above or below the surface, street lighting, street
75	77		landscaping, parking, and street art objects are parts of and
76	78		necessary components of a street and are considered to be a street
77	79		or road improvement.
78	80		(f) The district will not act as the agent or
79	81		instrumentality of any private interest even though the district
80	82		will benefit many private interests as well as the public.
81	83		Sec. 3800.005. INITIAL DISTRICT TERRITORY. (a) The
82	84		district is initially composed of the territory described by
83	85		Section 2 of the Act enacting this chapter.
84	86		(b) The boundaries and field notes contained in Section 2 of
85	87		the Act enacting this chapter form a closure. A mistake in the
86	88		field notes or in copying the field notes in the legislative process
87	89		does not affect the district's:
88	90		(1) organization, existence, or validity;
89	91		(2) right to issue any type of bonds for the purposes
90	92		for which the district is created or to pay the principal of and
91	93		interest on the bonds;
92	94		(3) right to impose or collect an assessment or tax; or
93	95		(4) legality or operation.
94	96		Sec. 3800.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
95	97		All or any part of the area of the district is eligible to be
96	98		included in:
97	99		(1) a tax increment reinvestment zone created under
98	100		Chapter 311, Tax Code;
99	101		(2) a tax abatement reinvestment zone created under
100	102		Chapter 312, Tax Code;
101	103		(3) an enterprise zone created under Chapter 2303,
102	104		Government Code;
103	105		(4) an industrial district created under Chapter 42,
104	106		Local Government Code; or
105	107		(5) a public improvement district created under
106	108		Chapter 372, Local Government Code.
107	109		Sec. 3800.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
108	110		DISTRICTS LAW. Except as otherwise provided by this chapter,
109	111		Chapter 375, Local Government Code, applies to the district.
110	112		Sec. 3800.008. CONSTRUCTION OF CHAPTER. This chapter shall
111	113		be liberally construed in conformity with the findings and purposes
112	114		stated in this chapter.
113	115		SUBCHAPTER B. BOARD OF DIRECTORS
114	116		Sec. 3800.051. GOVERNING BODY; TERMS. (a) The district is
115	117		governed by a board of five voting directors who serve staggered
116	118		terms of four years, with two or three directors' terms expiring
117	119		June 1 of each odd-numbered year.
118	120		(b) The board by resolution may change the number of voting
119	121		directors on the board only if the board determines that the change
120	122		is in the best interest of the district. The board may not consist
121	123		of fewer than five or more than 15 voting directors.
122	124		Sec. 3800.052. APPOINTMENT OF VOTING DIRECTORS. (a) The
123	125		Texas Commission on Environmental Quality shall appoint voting
124	126		directors from persons recommended by the board.
125	127		(b) Section 49.052, Water Code, does not apply to the
126	128		directors.
127	129		Sec. 3800.053. NONVOTING DIRECTORS. The board may appoint
128	130		nonvoting directors to serve at the pleasure of the voting
129	131		directors.
130	132		Sec. 3800.054. QUORUM. For purposes of determining the
131	133		requirements for a quorum of the board, the following are not
132	134		counted:
133	135		(1) a board position vacant for any reason, including
134	136		death, resignation, or disqualification;
135	137		(2) a director who is abstaining from participation in
136	138		a vote because of a conflict of interest; or
137	139		(3) a nonvoting director.
138	140		Sec. 3800.055. COMPENSATION. A director is entitled to
139	141		receive fees of office and reimbursement for actual expenses as
140	142		provided by Section 49.060, Water Code. Sections 375.069 and
141	143		375.070, Local Government Code, do not apply to the board.
142	144		Sec. 3800.056. INITIAL VOTING DIRECTORS. (a) The initial
143	145		board consists of:
144	146		Pos. No. Name of Director: Pos. No. Name of Director:
145	147		Pos. No. Name of Director:
146	148		1 Jeff Eastman 1 Jeff Eastman
147	149		1 Jeff Eastman
148	150		2 Mark Urback 2 Mark Urback
149	151		2 Mark Urback
150	152		3 Lee Burchfield 3 Lee Burchfield
151	153		3 Lee Burchfield
152	154		4 James Warren 4 James Warren
153	155		4 James Warren
154	156		5 Jay Lynn Daniel 5 Jay Lynn Daniel
155	157		5 Jay Lynn Daniel
156	158		(b) Of the initial directors, the terms of directors
157	159		appointed for positions one through three expire June 1, 2019, and
158	160		the terms of directors appointed for positions four and five expire
159	161		June 1, 2021.
160	162		(c) Section 3800.052 does not apply to this section.
161	163		(d) This section expires September 1, 2021.
162	164		SUBCHAPTER C. POWERS AND DUTIES
163	165		Sec. 3800.101. GENERAL POWERS AND DUTIES. The district has
164	166		the powers and duties necessary to accomplish the purposes for
165	167		which the district is created.
166	168		Sec. 3800.102. IMPROVEMENT PROJECTS AND SERVICES. The
167	169		district may provide, design, construct, acquire, improve,
168	170		relocate, operate, maintain, or finance an improvement project or
169	171		service using any money available to the district, or contract with
170	172		a governmental or private entity to provide, design, construct,
171	173		acquire, improve, relocate, operate, maintain, or finance an
172	174		improvement project or service authorized under this chapter or
173	175		Chapter 375, Local Government Code.
174	176		Sec. 3800.103. DEVELOPMENT CORPORATION POWERS. The
175	177		district, using money available to the district, may exercise the
176	178		powers given to a development corporation under Chapter 505, Local
177	179		Government Code, including the power to own, operate, acquire,
178	180		construct, lease, improve, or maintain a project under that
179	181		chapter.
180	182		Sec. 3800.104. NONPROFIT CORPORATION. (a) The board by
181	183		resolution may authorize the creation of a nonprofit corporation to
182	184		assist and act for the district in implementing a project or
183	185		providing a service authorized by this chapter.
184	186		(b) The nonprofit corporation:
185	187		(1) has each power of and is considered to be a local
186	188		government corporation created under Subchapter D, Chapter 431,
187	189		Transportation Code; and
188	190		(2) may implement any project and provide any service
189	191		authorized by this chapter.
190	192		(c) The board shall appoint the board of directors of the
191	193		nonprofit corporation. The board of directors of the nonprofit
192	194		corporation shall serve in the same manner as the board of directors
193	195		of a local government corporation created under Subchapter D,
194	196		Chapter 431, Transportation Code, except that a board member is not
195	197		required to reside in the district.
196	198		Sec. 3800.105. PUBLIC FACILITY CORPORATIONS. As provided
197	199		by Chapter 303, Local Government Code, the board by resolution may
198	200		authorize the creation of a public facility corporation in the
199	201		district to finance or to provide for the acquisition,
200	202		construction, rehabilitation, renovation, repair, equipping,
201	203		furnishing, or placement in service of public facilities in an
202	204		orderly, planned manner and at the lowest possible borrowing costs.
203	205		Sec. 3800.106. AGREEMENTS; GRANTS. (a) As provided by
204	206		Chapter 375, Local Government Code, the district may make an
205	207		agreement with or accept a gift, grant, or loan from any person.
206	208		(b) The implementation of a project is a governmental
207	209		function or service for the purposes of Chapter 791, Government
208	210		Code.
209	211		Sec. 3800.107. LAW ENFORCEMENT SERVICES. To protect the
210	212		public interest, the district may contract with a qualified party,
211	213		including the county or the city, to provide law enforcement
212	214		services in the district for a fee.
213	215		Sec. 3800.108. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
214	216		district may join and pay dues to a charitable or nonprofit
215	217		organization that performs a service or provides an activity
216	218		consistent with the furtherance of a district purpose.
217	219		Sec. 3800.109. ECONOMIC DEVELOPMENT. (a) The district may
218	220		engage in activities that accomplish the economic development
219	221		purposes of the district.
220	222		(b) The district may establish and provide for the
221	223		administration of one or more programs to promote state or local
222	224		economic development and to stimulate business and commercial
223	225		activity in the district, including programs to:
224	226		(1) make loans and grants of public money; and
225	227		(2) provide district personnel and services.
226	228		(c) The district may create economic development programs
227	229		and exercise the economic development powers provided to
228	230		municipalities by:
229	231		(1) Chapter 380, Local Government Code; and
230	232		(2) Subchapter A, Chapter 1509, Government Code.
231	233		Sec. 3800.110. PARKING FACILITIES. (a) The district may
232	234		acquire, lease as lessor or lessee, construct, develop, own,
233	235		operate, and maintain parking facilities or a system of parking
234	236		facilities, including lots, garages, parking terminals, or other
235	237		structures or accommodations for parking motor vehicles off the
236	238		streets and related appurtenances.
237	239		(b) The district's parking facilities serve the public
238	240		purposes of the district and are owned, used, and held for a public
239	241		purpose even if leased or operated by a private entity for a term of
240	242		years.
241	243		(c) The district's parking facilities are part of and
242	244		necessary components of a street and are considered to be a street
243	245		or road improvement.
244	246		(d) The development and operation of the district's parking
245	247		facilities may be considered an economic development program.
246	248		Sec. 3800.111. ANNEXATION OR EXCLUSION OF LAND. (a) The
247	249		district may annex land as provided by Subchapter J, Chapter 49,
248	250		Water Code.
249	251		(b) The district may exclude land as provided by Subchapter
250	252		J, Chapter 49, Water Code. Section 375.044(b), Local Government
251	253		Code, does not apply to the district.
252	254		Sec. 3800.112. PUBLIC IMPROVEMENT DISTRICT POWERS. The
253	255		district has the powers provided by Chapter 372, Local Government
254	256		Code, to a municipality or county.
255	257		Sec. 3800.113. ROAD UTILITY DISTRICT POWERS. The district
256	258		has the powers provided by the general laws relating to road utility
257	259		districts created under Section 52(b), Article III, Texas
258	260		Constitution, including Chapter 441, Transportation Code.
259	261		Sec. 3800.114. PROPERTY OF CERTAIN UTILITIES EXEMPT FROM
260	262		ASSESSMENTS AND FEES. The district may not impose an assessment,
261	263		impact fee, or standby fee on the property, including the
262	264		equipment, rights-of-way, easements, facilities, or improvements,
263	265		of:
264	266		(1) an electric utility or a power generation company
265	267		as defined by Section 31.002, Utilities Code;
266	268		(2) a gas utility, as defined by Section 101.003 or
267	269		121.001, Utilities Code, or a person who owns pipelines used for the
268	270		transportation or sale of oil or gas or a product or constituent of
269	271		oil or gas;
270	272		(3) a person who owns pipelines used for the
271	273		transportation or sale of carbon dioxide;
272	274		(4) a telecommunications provider as defined by
273	275		Section 51.002, Utilities Code; or
274	276		(5) a cable service provider or video service provider
275	277		as defined by Section 66.002, Utilities Code.
276	278		Sec. 3800.115. USE OF ELECTRICAL OR OPTICAL LINES. (a) The
277	279		district may impose an assessment to pay the cost of:
278	280		(1) burying or removing electrical power lines,
279	281		telephone lines, cable or fiber-optic lines, or any other type of
280	282		electrical or optical line;
281	283		(2) removing poles and any elevated lines using the
282	284		poles; and
283	285		(3) reconnecting the lines described by Subdivision
284	286		(2) to the buildings or other improvements to which the lines were
285	287		connected.
286	288		(b) The district may finance, acquire, construct, improve,
287	289		operate, maintain, or charge fees for the use of the district
288	290		conduits for another person's:
289	291		(1) telecommunications network; or
290	292		(2) fiber-optic cable.
291	293		(c) Consistent with Title 2, Utilities Code, the district
292	294		may finance, construct, or maintain conduits for:
293	295		(1) electronic transmission and distribution lines
294	296		and supporting facilities; or
295	297		(2) other types of transmission and distribution lines
296	298		and supporting facilities.
297	299		(d) The district may not require a person to use a district
298	300		conduit.
299	301		Sec. 3800.116. STRATEGIC PARTNERSHIP AGREEMENT. The
300	302		district may negotiate and enter into a written strategic
301	303		partnership agreement under Section 43.0751, Local Government
302	304		Code, with a municipality in whose extraterritorial jurisdiction
303	305		the district is located.
304	306		Sec. 3800.117. NO EMINENT DOMAIN POWER. The district may
305	307		not exercise the power of eminent domain.
306	308		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
307	309		Sec. 3800.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
308	310		board by resolution shall establish the number of directors'
309	311		signatures and the procedure required for a disbursement or
310	312		transfer of district money.
311	313		Sec. 3800.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
312	314		The district may acquire, construct, finance, operate, or maintain
313	315		any improvement or service authorized under this chapter or Chapter
314	316		375, Local Government Code, using any money available to the
315	317		district.
316	318		Sec. 3800.153. PETITION REQUIRED FOR FINANCING SERVICES AND
317	319		IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
318	320		service or improvement project with assessments under this chapter
319	321		unless a written petition requesting that service or improvement
320	322		has been filed with the board.
321	323		(b) A petition filed under Subsection (a) must be signed by
322	324		the owners of a majority of the assessed value of real property in
323	325		the district subject to assessment according to the most recent
324	326		certified tax appraisal roll for the county.
325	327		Sec. 3800.154. METHOD OF NOTICE FOR HEARING. The district
326	328		may mail the notice required by Section 375.115(c), Local
327	329		Government Code, by certified or first class United States mail.
328	330		The board shall determine the method of notice.
329	331		Sec. 3800.155. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
330	332		The board by resolution may impose and collect an assessment for any
331	333		purpose authorized by this chapter in all or part of the district.
332	334		(b) An assessment, a reassessment, or an assessment
333	335		resulting from an addition to or correction of the assessment roll
334	336		by the district, penalties and interest on an assessment or
335	337		reassessment, an expense of collection, and reasonable attorney's
336	338		fees incurred by the district:
337	339		(1) are a first and prior lien against the property
338	340		assessed;
339	341		(2) are superior to any other lien or claim other than
340	342		a lien or claim for county, school district, or municipal ad valorem
341	343		taxes; and
342	344		(3) are the personal liability of and a charge against
343	345		the owners of the property even if the owners are not named in the
344	346		assessment proceedings.
345	347		(c) The lien is effective from the date of the board's
346	348		resolution imposing the assessment until the date the assessment is
347	349		paid. The board may enforce the lien in the same manner that the
348	350		board may enforce an ad valorem tax lien against real property.
349	351		(d) The board may make a correction to or deletion from the
350	352		assessment roll that does not increase the amount of assessment of
351	353		any parcel of land without providing notice and holding a hearing in
352	354		the manner required for additional assessments.
353	355		Sec. 3800.156. RESIDENTIAL PROPERTY NOT EXEMPT. Section
354	356		375.161, Local Government Code, does not apply to the district.
355	357		Sec. 3800.157. COMPETITIVE BIDDING. Subchapter I, Chapter
356	358		49, Water Code, applies to the district. Sections 375.221 and
357	359		375.223, Local Government Code, do not apply to the district.
358	360		Sec. 3800.158. TAX AND ASSESSMENT ABATEMENTS. The district
359	361		may designate reinvestment zones and may grant abatements of a tax
360	362		or assessment on property in the zones in the manner provided by
361	363		Chapter 312, Tax Code.
362	364		SUBCHAPTER E. TAXES AND BONDS
363	365		Sec. 3800.201. ELECTIONS REGARDING TAXES AND BONDS. (a)
364	366		The district may issue, without an election, bonds, notes, and
365	367		other obligations secured by:
366	368		(1) revenue other than ad valorem taxes; or
367	369		(2) contract payments described by Section 3800.203.
368	370		(b) The district must hold an election in the manner
369	371		provided by Subchapter L, Chapter 375, Local Government Code, to
370	372		obtain voter approval before the district may impose an ad valorem
371	373		tax or issue bonds payable from ad valorem taxes.
372	374		(c) Section 375.243, Local Government Code, does not apply
373	375		to the district.
374	376		(d) All or any part of any facilities or improvements that
375	377		may be acquired by a district by the issuance of its bonds may be
376	378		submitted as a single proposition or as several propositions to be
377	379		voted on at the election.
378	380		Sec. 3800.202. OPERATION AND MAINTENANCE TAX. (a) If
379	381		authorized by a majority of the district voters voting at an
380	382		election held in accordance with Section 3800.201, the district may
381	383		impose an operation and maintenance tax on taxable property in the
382	384		district in accordance with Section 49.107, Water Code, for any
383	385		district purpose, including to:
384	386		(1) maintain and operate the district;
385	387		(2) construct or acquire improvements; or
386	388		(3) provide a service.
387	389		(b) The board shall determine the tax rate. The rate may not
388	390		exceed the rate approved at the election.
389	391		(c) Section 49.107(h), Water Code, does not apply to the
390	392		district.
391	393		Sec. 3800.203. CONTRACT TAXES. (a) In accordance with
392	394		Section 49.108, Water Code, the district may impose a tax other than
393	395		an operation and maintenance tax and use the revenue derived from
394	396		the tax to make payments under a contract after the provisions of
395	397		the contract have been approved by a majority of the district voters
396	398		voting at an election held for that purpose.
397	399		(b) A contract approved by the district voters may contain a
398	400		provision stating that the contract may be modified or amended by
399	401		the board without further voter approval.
400	402		Sec. 3800.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
401	403		AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
402	404		determined by the board. Section 375.205, Local Government Code,
403	405		does not apply to a loan, line of credit, or other borrowing from a
404	406		bank or financial institution secured by revenue other than ad
405	407		valorem taxes.
406	408		(b) The district may issue bonds, notes, or other
407	409		obligations payable wholly or partly from ad valorem taxes,
408	410		assessments, impact fees, revenue, contract payments, grants, or
409	411		other district money, or any combination of those sources of money,
410	412		to pay for any authorized district purpose.
411	413		(c) The limitation on the outstanding principal amount of
412	414		bonds, notes, and other obligations provided by Section 49.4645,
413	415		Water Code, does not apply to the district.
414	416		Sec. 3800.205. TAXES FOR BONDS. At the time the district
415	417		issues bonds payable wholly or partly from ad valorem taxes, the
416	418		board shall provide for the annual imposition of a continuing
417	419		direct annual ad valorem tax, without limit as to rate or amount,
418	420		for each year that all or part of the bonds are outstanding as
419	421		required and in the manner provided by Sections 54.601 and 54.602,
420	422		Water Code.
421	423		SUBCHAPTER F. DEFINED AREAS
422	424		Sec. 3800.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR
423	425		DESIGNATED PROPERTY. The district may define areas or designate
424	426		certain property of the district to pay for improvements,
425	427		facilities, or services that primarily benefit that area or
426	428		property and do not generally and directly benefit the district as a
427	429		whole.
428	430		Sec. 3800.252. PROCEDURE FOR ELECTION. (a) Before the
429	431		district may impose an ad valorem tax or issue bonds payable from ad
430	432		valorem taxes of the defined area or designated property, the board
431	433		shall hold an election in the defined area or in the designated
432	434		property only.
433	435		(b) The board may submit the proposition to the voters on
434	436		the same ballot to be used in another election.
435	437		Sec. 3800.253. DECLARING RESULT AND ISSUING ORDER. (a) If
436	438		a majority of the voters voting at the election approve the
437	439		proposition or propositions, the board shall declare the results
438	440		and, by order, shall establish the defined area and describe it by
439	441		metes and bounds or designate the specific property.
440	442		(b) A court may not review the board's order except on the
441	443		ground of fraud, palpable error, or arbitrary and confiscatory
442	444		abuse of discretion.
443	445		Sec. 3800.254. TAXES FOR SERVICES, IMPROVEMENTS, AND
444	446		FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
445	447		approval and adoption of the order described by Section 3800.253,
446	448		the district may apply separately, differently, equitably, and
447	449		specifically its taxing power and lien authority to the defined
448	450		area or designated property to provide money to construct,
449	451		administer, maintain, and operate services, improvements, and
450	452		facilities that primarily benefit the defined area or designated
451	453		property.
452	454		Sec. 3800.255. ISSUANCE OF BONDS FOR DEFINED AREA OR
453	455		DESIGNATED PROPERTY. After the order under Section 3800.253 is
454	456		adopted, the district may issue bonds to provide for any land,
455	457		improvements, facilities, plants, equipment, and appliances for
456	458		the defined area or designated property.
457	459		SUBCHAPTER G. SALES AND USE TAX
458	460		Sec. 3800.301. MEANINGS OF WORDS AND PHRASES. A word or
459	461		phrase used in this subchapter that is defined by Chapters 151 and
460	462		321, Tax Code, has the meaning assigned by Chapters 151 and 321, Tax
461	463		Code.
462	464		Sec. 3800.302. APPLICABILITY OF CERTAIN TAX CODE
463	465		PROVISIONS. (a) Except as otherwise provided by this subchapter,
464	466		Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code,
465	467		apply to taxes imposed under this subchapter and to the
466	468		administration and enforcement of those taxes in the same manner
467	469		that those laws apply to state taxes.
468	470		(b) Chapter 321, Tax Code, relating to municipal sales and
469	471		use taxes, applies to the application, collection, change, and
470	472		administration of a sales and use tax imposed under this subchapter
471	473		to the extent consistent with this chapter, as if references in
472	474		Chapter 321, Tax Code, to a municipality referred to the district
473	475		and references to a governing body referred to the board.
474	476		(c) Sections 321.106, 321.401, 321.402, 321.403, 321.404,
475	477		321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not
476	478		apply to a tax imposed under this subchapter.
477	479		Sec. 3800.303. AUTHORIZATION; ELECTION. (a) The district
478	480		may adopt a sales and use tax to serve the purposes of the district
479	481		after an election in which a majority of the voters of the district
480	482		voting in the election authorize the adoption of the tax.
481	483		(b) The board by order may call an election to authorize a
482	484		sales and use tax. The election may be held with any other district
483	485		election.
484	486		(c) The district shall provide notice of the election and
485	487		shall hold the election in the manner prescribed by Section
486	488		3800.201.
487	489		(d) The ballots shall be printed to provide for voting for
488	490		or against the proposition: "Authorization of a sales and use tax
489	491		in the Harris County Improvement District No. 26 at a rate not to
490	492		exceed ___ percent."
491	493		Sec. 3800.304. ABOLISHING SALES AND USE TAX. (a) Except as
492	494		provided by Subsection (b), the board may abolish the sales and use
493	495		tax without an election.
494	496		(b) The board may not abolish the sales and use tax if the
495	497		district has outstanding debt secured by the tax.
496	498		Sec. 3800.305. SALES AND USE TAX RATE. (a) On adoption of
497	499		the tax authorized by this subchapter, a tax is imposed on the
498	500		receipts from the sale at retail of taxable items in the district
499	501		and an excise tax is imposed on the use, storage, or other
500	502		consumption in the district of taxable items purchased, leased, or
501	503		rented from a retailer in the district during the period that the
502	504		tax is in effect.
503	505		(b) The board shall determine the rate of the tax, which may
504	506		be in one-eighth of one percent increments not to exceed the maximum
505	507		rate authorized by the district voters at the election. The board
506	508		may lower the tax rate to the extent the rate does not impair any
507	509		outstanding debt or obligations payable from the tax.
508	510		(c) The rate of the excise tax is the same as the rate of the
509	511		sales tax portion of the tax and is applied to the sales price of the
510	512		taxable item.
511	513		SUBCHAPTER H. HOTEL OCCUPANCY TAXES
512	514		Sec. 3800.351. HOTEL OCCUPANCY TAX. (a) In this section,
513	515		"hotel" has the meaning assigned by Section 156.001, Tax Code.
514	516		(b) For purposes of this section, a reference in Chapter
515	517		351, Tax Code, to a municipality is a reference to the district and
516	518		a reference in Chapter 351, Tax Code, to the municipality's
517	519		officers or governing body is a reference to the board.
518	520		(c) Except as inconsistent with this section, Subchapter A,
519	521		Chapter 351, Tax Code, governs a hotel occupancy tax authorized by
520	522		this section.
521	523		(d) The district may impose a hotel occupancy tax and use
522	524		the revenue from the tax for any district purpose that is an
523	525		authorized use of hotel occupancy tax revenue under Chapter 351,
524	526		Tax Code.
525	527		(e) The board by order may impose, repeal, increase, or
526	528		decrease the rate of a tax on a person who, under a lease,
527	529		concession, permit, right of access, license, contract, or
528	530		agreement, pays for the use or possession or for the right to the
529	531		use or possession of a room that:
530	532		(1) is in a hotel located in the district's boundaries;
531	533		(2) costs $2 or more each day; and
532	534		(3) is ordinarily used for sleeping.
533	535		(f) The amount of the tax may not exceed seven percent of the
534	536		price paid for a room in a hotel.
535	537		(g) The district may examine and receive information
536	538		related to the imposition of hotel occupancy taxes to the same
537	539		extent as if the district were a municipality.
538	540		SUBCHAPTER I. MUNICIPAL ANNEXATION AND DISSOLUTION
539	541		Sec. 3800.401. MUNICIPAL ANNEXATION; DISSOLUTION. (a) The
540	542		district is a "water or sewer district" under Section 43.071, Local
541	543		Government Code.
542	544		(b) Section 43.075, Local Government Code, applies to the
543	545		district.
544	546		(c) Section 375.264, Local Government Code, does not apply
545	547		to the dissolution of the district by a municipality.
546	548		SUBCHAPTER Z. SPECIAL BOND PROVISIONS
547	549		Sec. 3800.901. APPLICABILITY. This subchapter applies to
548	550		bonds payable wholly or partly from revenue derived from
549	551		assessments on real property in the district.
550	552		Sec. 3800.902. CONFLICT OF LAWS. In the event of a conflict
551	553		between this subchapter and any other law, this subchapter
552	554		prevails.
553	555		Sec. 3800.903. WRITTEN AGREEMENT REGARDING SPECIAL
554	556		APPRAISALS. Before issuing bonds, the district and any person to
555	557		whom the board intends that proceeds of the bonds be distributed,
556	558		including a developer of or owner of land in the district, and any
557	559		entity acting as a lender to a developer of or owner of land in the
558	560		district for the purpose of a project relating to the district, must
559	561		enter into a written agreement that:
560	562		(1) waives for the term of the agreement the right to a
561	563		special appraisal with respect to taxation by the district under
562	564		Subchapters B, C, D, E, F, and H, Chapter 23, Tax Code; and
563	565		(2) remains in effect for 30 years and is binding on
564	566		the parties, on entities related to or affiliated with the parties,
565	567		and on their successors and assignees.
566	568		Sec. 3800.904. REQUIREMENTS FOR ADVERTISING BOND ISSUE. A
567	569		district may not advertise for an issuance of bonds until the
568	570		completion of at least 25 percent of the projected value of the
569	571		improvements, including houses and other buildings, that are liable
570	572		for district assessments and necessary to support the district
571	573		bonds.
572	574		Sec. 3800.905. REQUIREMENTS FOR BOND ISSUE. The district
573	575		may not issue bonds until:
574	576		(1) the district submits to the commission:
575	577		(A) an engineer's report describing the project
576	578		for which the bonds will provide funding, including data, profiles,
577	579		maps, plans, and specifications related to the project; and
578	580		(B) a cash flow analysis to determine the
579	581		projected rate of assessment, which includes the following
580	582		assumptions:
581	583		(i) each ending balance for debt service in
582	584		the analysis is not less than 25 percent of the following year's
583	585		debt service requirement;
584	586		(ii) interest income is only shown on the
585	587		ending balance for debt service for the first two years; and
586	588		(iii) the projected rate of assessment is
587	589		level or decreasing for the life of the bonds issued by the
588	590		district;
589	591		(2) the completion of at least 75 percent of the
590	592		projected value of the improvements, including houses and other
591	593		buildings, that are liable for district assessments and necessary
592	594		to support the district bonds; and
593	595		(3) the district has obtained an independent market
594	596		study from a firm recognized in the area of real estate market
595	597		analysis supporting the development projects for the real property
596	598		that is liable for district assessments and necessary to support
597	599		the district bonds.
598	600		Sec. 3800.906. REQUIREMENTS FOR COLLECTION OF REVENUE TO
599	601		PAY BONDS. The district may not collect an assessment to be used
600	602		for the payment of bonds until:
601	603		(1) the completion of at least 95 percent of the
602	604		underground water, wastewater, and drainage facilities financed
603	605		from bond proceeds that are necessary to serve the projected
604	606		build-out, as certified by the district's engineer;
605	607		(2) the district or other appropriate party has
606	608		secured the groundwater, surface water, and water discharge permits
607	609		that are necessary to secure capacity to support the projected
608	610		build-out;
609	611		(3) the completion of at least 95 percent of lift
610	612		station, water plant, and sewage treatment plant capacity
611	613		sufficient to serve the connections constructed in the project for
612	614		a period of not less than 18 months, as certified by the district's
613	615		engineer; and
614	616		(4) the completion of at least 95 percent of the
615	617		streets and roads that are necessary to provide access to the areas
616	618		served by utilities and financed by the proceeds of bonds issued by
617	619		the district, as certified by the district's engineer and
618	620		constructed in accordance with city or county standards.
619	621		SECTION 2. Harris County Improvement District No. 26
620	622		initially includes all territory contained in the following area:
621	623		TRACT I:
622	624		BEING 117.4706 ACRES OF LAND, OUT OF A CALLED 354.0585 ACRES, THE
623	625		RESIDUE OF THE EAST ONE-HALF (1/2) OF THE WILLIAM HURD SURVEY,
624	626		ABSTRACT 377, HARRIS COUNTY, TEXAS, THE FRITZ W MARTENS CALLED 320
625	627		ACRE TRACT, DEED FILED OF RECORD MARCH 6, 1899, IN VOLUME 110, PAGE
626	628		530, AND FURTHER DESCRIBED IN A DEED TO G.W.H. MARTENS, FILED OF
627	629		RECORD NOVEMBER 15, 1935, IN VOLUME 1001, PAGE 22, AS CONTAINING
628	630		357.7 ACRES, AND PART OF A CALLED 14.2194 ACRE TRACT OF LAND
629	631		DESCRIBED UNDER HARRIS COUNTY CLERK'S FILE NUMBER S391922; SAID
630	632		117.4706 ACRES BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS
631	633		FOLLOWS:
632	634		COMMENCING AT A FENCE CORNER POST FOUND IN THE NORTH LINE OF THE
633	635		MANUEL TIJERINO SURVEY, A-763, BEING THE SOUTH LINE OF THE HURD
634	636		SURVEY, MARKING THE SOUTHWEST CORNER OF SAID 354.0585 ACRE TRACT,
635	637		THE RESIDUE OF SAID 357.7 ACRES
636	638		THENCE NORTH 00 DEGREES 27 MINUTES 21 SECONDS EAST, IN THE EAST LINE
637	639		OF THE ARTHUR KRAHN, ET UX, 49.2865 ACRE TRACT RECORDED UNDER COUNTY
638	640		CLERK'S FILE NUMBER E658964 FILM CODE NUMBER 134-09-1048 AND
639	641		CONTINUING IN THE EAST LINE OF THE ERVIN KRAHN, ET UX, 47.1315 ACRE
640	642		TRACT RECORDED UNDER COUNTY CLERK'S FILE NUMBER E658956, FIL CODE
641	643		NUMBER 134-09-1033, OFFICIAL PUBLIC RECORDS OF REAL PROPERTY,
642	644		HARRIS COUNTY, TEXAS AND ALONG A WIRE FENCE, A DISTANCE OF 3317.15
643	645		FEET TO A 10 INCH FENCE POST FOUND FOR THE SOUTHWEST CORNER AND
644	646		POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED;
645	647		THENCE NORTH 00 DEGREES 27 MINUTES 21 SECONDS EAST, CONTINUING
646	648		ALONG THE EAST LINE OF THE 47.1315 ACRE KRAHN TRACT, PASSING THE
647	649		NORTHEAST CORNER AT 17.24 FEET, CONTINUING IN THE EAST LINE OF THAT
648	650		CERTAIN 20.00 FOOT WIDE ACESS EASEMENT, RECORDED UNDER COUNTY
649	651		CLERK'S FILE NUMBER E658958, FILM CODE NUMBER 134-09-1033, OFFICIAL
650	652		PUBLIC RECORDS OF REAL PROPERTY, HARRIS COUNTY, AND ALONG THE WEST
651	653		LINE OF SAID 14.2194 ACRE TRACT AND ALONG A WIRE FENCE, IN ALL A
652	654		DISTANCE OF 1884.28 FEET TO A 12 INCH FENCE CORNER POST FOUND FOR
653	655		THE NORTHWEST CORNER OF SAID 14.2194 ACRE TRACT OF LAND, BEING THE
654	656		NORTHEAST CORNER OF A CALLED 2.16 ACRE TRACT DESCRIBED UNDER HARRIS
655	657		COUNTY CLERK'S FILE NUMBER C767820, BEING IN THE SOUTH RIGHT-OF-WAY
656	658		LINE OF FM 2920, (120.00 FEET WIDE) AND BEING THE NORTHWEST CORNER
657	659		OF THE HEREIN DESCRIBED TRACT.
658	660		THENCE SOUTH 89 DEGREES 42 MINUTES 00 SECONDS EAST, WITH THE SAID
659	661		SOUTH RIGHT-0F-WAY LINE OF F.M. 2920 AND THE NORTH LINE OF SAID
660	662		14.2194 ACRE TRACT OF LAND, A DISTANCE OF 834.47 TO A 3/4 INCH IRON
661	663		ROD FOUND FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;
662	664		THENCE SOUTH 00 DEGREES 18 MINUTES 00 SECONDS WEST, DEPARTING SAID
663	665		RIGHT-OF-WAY LINE, A DISTANCE OF 208.71 FEET TO A 3/4 INCH ROD FOUND
664	666		IN THE SOUTH LINE OF SAID 14.2194 ACRE TRACT FOR AN INTERIOR CORNER
665	667		OF THE HEREIN DESCRIBED TRACT;
666	668		THENCE SOUTH 89 DEGREES 40 MINUTES 44 SECONDS EAST, ALONG THE SOUTH
667	669		LINE OF SAID 14-2194 ACRE TRACT, THE RESIDUE OF SAID 354.0585 ACRES,
668	670		A DISTANCE OF 2104.88 FEET TO A 3/4 INCH IRON ROD FOUND FOR CORNER
669	671		BEING THE SOUTHEAST CORNER OF JACK IN THE BOX #3980, ACCORDING TO
670	672		THE PLAT RECORDED IN FILM CODE NO 568095 OF THE MAP RECORDS OF
671	673		HARRIS COUNTY, TEXAS BEING IN THE WEST RIGHT-OF-WAY LINE OF TELGE
672	674		ROAD, (60.00 FEET WIDE) AS MONUMETED FROM WHICH AN OLD 2 INCH IRON
673	675		PIPE FOUND MARKING THE NORTHEAST CORNER OF SAID 354.0585 ACRE TRACT
674	676		AND SHOWN ON THE STATE HIGHWAY DEPARTMENT RIGHT-OF-WAY MAPS AS
675	677		STATION 117-24 BEARS NORTH 00 DEGREES 05 MINUTES 11 SECONDS WEST,
676	678		248.71 FEET;
677	679		THENCE SOUTH 00 DEGREES 05 MINUTES 11 SECONDS EAST, ALONG THE WEST
678	680		RIGHT-OF-WAY LINE OF SAID TELGE ROAD, A DISTANCE OF 1677.75 FEET TO
679	681		A 3/4 INCH ROD FOUND FOR THE SOUTHEAST CORNER OF THE HEREIN
680	682		DESCRIBED TRACT;
681	683		THENCE NORTH 89 DEGREES 38 MINUTES 36 SECONDS WEST, DEPARTING SAID
682	684		RIGHT-OF-WAY, IN THE COMMON LINE BETWEEN THIS TRACT AND TRACT TWO
683	685		(2), CALLED 113.2797 ACRES, A DISTANCE OF 2955.79 FEET TO THE POINT
684	686		OF BEGINNING AND CONTAINING 117.4706 ACRES OF LAND, MORE OR LESS.
685	687		SAVE AND EXCEPT TWO 1.250 ACE TRACTS FURTHER DESCRIBED AS FOLLOWS:
686	688		TRACT II
687	689		BEING 1.250 ACRE OF LAND, OUT OF 354.0585 ACRES, THE RESIDUE OF THE
688	690		EAST ONE-HALF (1/2) OF THE WILL HURD SURVEY, ABSTRACT 377, HARRIS
689	691		COUNTY, TEXAS, THE FRIZ W MARTIENS CALLED 320 ACRE TRACT, DEED FILED
690	692		OF RECORD MARCH 06, 1899, IN VOLUME 110, PAGE 530, AND FURTHER
691	693		DESCRIBED IN A DEED TO G.W.H. MARTENS, FILED OF RECORD NOVEMBER 15,
692	694		1935, IN VOLUME 1001, PAGE 22, AS CONTAINING 357.7 ACRES; SAID 1.250
693	695		ACRES MORE FULLY DESCRIBED AS FOLLOWS:
694	696		COMMENCING AT A 12 INCH FENCE CORNER POST FOUND IN THE SOUTH
695	697		RIGHT-OF-WAY LINE OF F.M. 2920 AS ACQUIRED BY HARRIS COUNTY BY
696	698		RIGHT-OF-WAY DEED DATED SEPTEMBER 01, 1940, RECORDED IN VOLUME
697	699		1254, PAGE 644, DEED RECORDS, HARRIS COUNTY, TEXAS AND AS SHOWN ON
698	700		RIGHT-OF-WAY MAPS PREPARED BY HARRIS COUNTY, UPDATED 1966, SAID 12
699	701		INCH FENCE CORNER POST MARKING OF THE NORTHWEST CORNER OF SAID
700	702		354.0585 ACRE TRACT, LYING AND BEING SITUATED OUTH 00 DECREES 18
701	703		MINUTES 00 SECONDS WEST, 40.00 FEET FROM THE NORTHWEST CORNER OF
702	704		SAID 357.7 ACRE TRACT;
703	705		THENCE SOUTH 00 DEGREES 27 MINUTES 21 SECONDS WEST, WITH THE EAST
704	706		LINE OF A 20 FOOT WIDE ACCESS EASEMENT, RECORDED UNDER HARRIS COUNTY
705	707		CLERK'S FILE NUMBER E658958, THE WEST LINE OF SAID 354.0585 ACRE
706	708		TRACT, AT 208.71 FEET PASS A 3/4 INCH IRON ROD FOUND FOR THE
707	709		SOUTHWEST CORNER OF A CALLED 14.2194 ACRE TRACT, CONTINUING IN ALL,
708	710		A DISTANCE OF 599.80 FEET TO A POINT FOR CORNER;
709	711		THENCE SOUTH 89 DEGREES 42 MINUTES 00 SECONDS EAST, A DISTANCEOF
710	712		214.12 FEET TO THE NORTHWEST CORNER AND POINT OF BEGINNING OF THE
711	713		HEREIN DESCRIBED TRACT, FROM WHICH A FENCE CORNER BEARS SOUTH 89
712	714		DEGREES 20 MINUTES EAST, A DISTANCE OF 0.85 FEET;
713	715		THENCE CONTINUING SOUTH 89 DEGREES 42 MINUTES 00 SECONDS EAST, A
714	716		DISTANCE OF 208.71 FEET TO 3/4 INCH IRON ROD FOR CORNER;
715	717		THENCE SOUTH 00 DEGREES 18 MINUTES 00 SECONDS WEST, A DISTANCE OF
716	718		260.89 FEET TO A 3/4 INCH IRON ROD FOUND FOR CORNER;
717	719		THENCE NORTH 89 DECREES 42 MINUTES 00 SECONDS WEST, A DISTANCE OF
718	720		208.71 FEET TO A POINT FOR THE SOUTHWEST CORNER, FROM WHICH A BENT
719	721		3/4 INCH IRON ROD FOUND BEARS NORTH 05 DEGREES 03 MINUTES WEST, 0.58
720	722		FEET;
721	723		TEHCE NORTH 00 DEGREES 18 MINUTES 00 SECONDS EAST, A DISTANCE OF
722	724		260.89 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.250 ACRES OF
723	725		LAND, MORE OR LESS.
724	726		TRACT III
725	727		BEING 1.250 ACRE OF LAND, OUT OF 354.0585 ACRES, THE RESIDUE OF THE
726	728		EAST ONE-HALF (1/2) OF THE WILL HURD SURVEY, ABSTRACT 377, HARRIS
727	729		COUNTY, TEXAS, THE FRIZ W MARTIENS CALLED 320 ACRE TRACT, DEED FILED
728	730		OF RECORD MARCH 06, 1899, IN VOLUME 110, PAGE 530, AND FURTHER
729	731		DESCRIBED IN A DEED TO G.W.H. MARTENS, FILED OF RECORD NOVEMBER 15,
730	732		1935, IN VOLUME 1001, PAGE 22, AS CONTAINING 357.7 ACRES; SAID 1.250
731	733		ACRES MORE FULLY DESCRIBED AS FOLLOWS:
732	734		COMMENCING AT A 12 INCH FENCE CORNER POST FOUND IN THE SOUTH
733	735		RIGHT-OF-WAY LINE OF F.M. 2920 AS ACQUIRED BY HARRIS COUNTY BY
734	736		RIGHT-OF-WAY DEED DATED SEPTEMBER 01, 1940, RECORDED IN VOLUME
735	737		1254, PAGE 644, DEED RECORDS, HARRIS COUNTY, TEXAS AND AS SHOWN ON
736	738		RIGHT-OF-WAY MAPS PREPARED BY HARRIS COUNTY, UP-DATED 1968, SAID 12
737	739		INCH FENCE CORNER POST MARKING OF THE NORTHWEST CORNER OF SAID
738	740		354.0585 ACRE TRACT, LYING AND BEING SITUATED SOUTH 00 DECREES 18
739	741		MINUTES 00 SECONDS WEST, 40.00 FEET FROM THE NORTHWEST CORNER OF
740	742		SAID 357.7 ACRE TRACT;
741	743		THENCE SOUTH 00 DEGREES 27 MINUTES 21 SECONDS WEST, WITH THE EAST
742	744		LINE OF A 20 FOOT WIDE ACCESS EASEMENT, RECORDED UNDER HARRIS COUNTY
743	745		CLERK'S FILE NUMBER E658958, THE WEST LINE OF SAID 354.0585 ACRE
744	746		TRACT, AT 208.71 FEET PASS A 3/4 INCH IRON ROD FOUND FOR THE
745	747		SOUTHWEST CORNER OF A CALLED 14.2194 ACRE TRACT, CONTINUING IN ALL,
746	748		A DISTANCE OF 599.80 FEED TO A POINT FOR CORNER;
747	749		THENCE SOUTH 89 DEGREES 42 MINUTES 00 SECONDS EAST, A DISTANCEOF
748	750		422.83 FEET TO A 3/4 INCH ROD FOUND FOR THE NORTHWEST CORNER AND
749	751		POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT,
750	752		THENCE CONTINUING SOUTH 89 DEGREES 42 MINUTES 00 SECONDS EAST, A
751	753		DISTANCE OF 208.71 FEET TO 3/4 INCH IRON ROD FOR CORNER;
752	754		THENCE SOUTH 00 DEGREES 18 MINUTES 00 SECONDS WEST, A DISTANCE OF
753	755		260.89 FEET TO A 3/4 INCH IRON ROD FOUND FOR CORNER;
754	756		THENCE NORTH 89 DECREES 42 MINUTES 00 SECONDS WEST, A DISTANCE OF
755	757		208.71 FEET TO A 3/4 INCH IRON ROD FOUND FOR CORNER;
756	758		TEHCE NORTH 00 DEGREES 18 MINUTES 00 SECONDS EAST, A DISTANCE OF
757	759		260.89 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.250 ACRES OF
758	760		LAND, MORE OR LESS.
759	761		SECTION 3. (a) The legal notice of the intention to
760	762		introduce this Act, setting forth the general substance of this
761	763		Act, has been published as provided by law, and the notice and a
762	764		copy of this Act have been furnished to all persons, agencies,
763	765		officials, or entities to which they are required to be furnished
764	766		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
765	767		Government Code.
766	768		(b) The governor, one of the required recipients, has
767	769		submitted the notice and Act to the Texas Commission on
768	770		Environmental Quality.
769	771		(c) The Texas Commission on Environmental Quality has filed
770	772		its recommendations relating to this Act with the governor,
771	773		lieutenant governor, and speaker of the house of representatives
772	774		within the required time.
773	775		(d) The general law relating to consent by political
774	776		subdivisions to the creation of districts with conservation,
775	777		reclamation, and road powers and the inclusion of land in those
776	778		districts has been complied with.
777	779		(e) All requirements of the constitution and laws of this
778	780		state and the rules and procedures of the legislature with respect
779	781		to the notice, introduction, and passage of this Act have been
780	782		fulfilled and accomplished.
781	783		SECTION 4. This Act takes effect immediately if it receives
782	784		a vote of two-thirds of all the members elected to each house, as
783	785		provided by Section 39, Article III, Texas Constitution. If this
784	786		Act does not receive the vote necessary for immediate effect, this
785	787		Act takes effect September 1, 2017.
786	788
787	789		Pos. No. Name of Director:
788	790
789	791		1 Jeff Eastman
790	792
791	793		2 Mark Urback
792	794
793	795		3 Lee Burchfield
794	796
795	797		4 James Warren
796	798
797	799		5 Jay Lynn Daniel