Texas 2019 - 86th Regular

Texas Senate Bill SB1835 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1835
	1	+	86R25742 SMT-D
	2	+	By: Alvarado S.B. No. 1835
	3	+	(Hernandez)
	4	+	Substitute the following for S.B. No. 1835: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the creation of the Channelview Improvement District;
6	10		providing authority to issue bonds; providing authority to impose
7	11		fees and taxes.
8	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	13		SECTION 1. Subtitle C, Title 4, Special District Local Laws
10	14		Code, is amended by adding Chapter 3943 to read as follows:
11	15		CHAPTER 3943. CHANNELVIEW IMPROVEMENT DISTRICT
12	16		SUBCHAPTER A. GENERAL PROVISIONS
13	17		Sec. 3943.0101. DEFINITIONS. In this chapter:
14	18		(1) "Board" means the board of directors of the
15	19		district.
16	20		(2) "Commission" means the Texas Commission on
17	21		Environmental Quality.
18	22		(3) "County" means Harris County.
19	23		(4) "District" means the Channelview Improvement
20	24		District.
21	25		Sec. 3943.0102. CREATION AND NATURE OF DISTRICT. The
22	26		district is a special district created under Section 59, Article
23	27		XVI, Texas Constitution.
24	28		Sec. 3943.0103. PURPOSE; DECLARATION OF INTENT. (a) The
25	29		creation of the district is essential to accomplish the purposes of
26	30		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
27	31		Texas Constitution, and other public purposes stated in this
28	32		chapter. By creating the district and in authorizing political
29	33		subdivisions to contract with the district, the legislature has
30	34		established a program to accomplish the public purposes set out in
31	35		Section 52-a, Article III, Texas Constitution.
32	36		(b) The creation of the district is necessary to promote,
33	37		develop, encourage, and maintain employment, commerce,
34	38		transportation, housing, tourism, recreation, the arts,
35	39		entertainment, economic development, safety, scenic beauty, and
36	40		the public welfare in the district.
37	41		(c) This chapter and the creation of the district may not be
38	42		interpreted to relieve the county from providing the level of
39	43		services provided as of the effective date of the Act enacting this
40	44		chapter to the area in the district. The district is created to
41	45		supplement and not to supplant county services provided in the
42	46		district.
43	47		Sec. 3943.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
44	48		(a) The district is created to serve a public use and benefit.
45	49		(b) All land and other property included in the district
46	50		will benefit from the improvements and services to be provided by
47	51		the district under powers conferred by Sections 52 and 52-a,
48	52		Article III, and Section 59, Article XVI, Texas Constitution, and
49	53		other powers granted under this chapter.
50	54		(c) The creation of the district is in the public interest
51	55		and is essential to:
52	56		(1) further the public purposes of developing and
53	57		diversifying the economy of the state;
54	58		(2) eliminate unemployment and underemployment; and
55	59		(3) develop or expand transportation and commerce.
56	60		(d) The district shall:
57	61		(1) promote the health, safety, and general welfare of
58	62		residents, merchants, landowners, employers, potential employees,
59	63		employees, visitors, and consumers in the district, and of the
60	64		public;
61	65		(2) provide needed funding for the district to
62	66		preserve, maintain, and enhance the economic health and vitality of
63	67		the district territory as a community and business center;
64	68		(3) provide and maintain common areas and facilities
65	69		in the district to ensure scenic beauty;
66	70		(4) provide improvements in the district to promote
67	71		the welfare of the public in the district; and
68	72		(5) promote the health, safety, welfare, and enjoyment
69	73		of the public by providing pedestrian ways and by landscaping and
70	74		developing certain areas in the district, which are necessary for
71	75		the restoration, preservation, and enhancement of scenic beauty.
72	76		(e) The district may not act as the agent or instrumentality
73	77		of any private interest even though the district will benefit many
74	78		private interests as well as the public.
75	79		Sec. 3943.0105. INITIAL DISTRICT TERRITORY. (a) The
76	80		district is composed of the territory described by Section 2 of the
77	81		Act enacting this chapter.
78	82		(b) The boundaries and field notes of the district contained
79	83		in Section 2 of the Act enacting this chapter form a closure. A
80	84		mistake in the field notes or in copying the field notes in the
81	85		legislative process does not in any way affect the district's:
82	86		(1) organization, existence, or validity;
83	87		(2) right to contract;
84	88		(3) authority to issue any type of bond for a purpose
85	89		for which the district is created or to pay the principal of and
86	90		interest on the bond;
87	91		(4) right to impose or collect a fee or tax or collect
88	92		other revenue; or
89	93		(5) legality or operation.
90	94		Sec. 3943.0106. CONFIRMATION AND DIRECTORS' ELECTION
91	95		REQUIRED. The temporary directors shall hold an election to
92	96		confirm the creation of the district and to elect five permanent
93	97		directors as provided by Section 49.102, Water Code.
94	98		Sec. 3943.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
95	99		DISTRICTS LAW. Chapter 375, Local Government Code, does not apply
96	100		to the district unless specifically provided otherwise by this
97	101		chapter.
98	102		SUBCHAPTER B. BOARD OF DIRECTORS
99		-	Sec. 3943.0201. GOVERNING BODY; TERMS. (a) The district
100		-	is governed by a board of five elected directors.
	103	+	Sec. 3943.0201. GOVERNING BODY; TERMS. (a) The district is
	104	+	governed by a board of five elected directors.
101	105		(b) Except as provided by Section 3943.0204, directors
102	106		serve staggered terms of four years.
103	107		(c) Directors are elected in the manner provided by
104	108		Subchapter D, Chapter 49, Water Code.
105	109		(d) To be qualified to serve as a director, a person must be
106	110		a resident of the district.
107	111		Sec. 3943.0202. LAW GOVERNING ADMINISTRATION OF BOARD.
108	112		Sections 375.066-375.070, Local Government Code, apply to the board
109	113		as if it were established under Chapter 375 of that code.
110	114		Sec. 3943.0203. VOTING BY BOARD PRESIDENT RESTRICTED. The
111	115		board president may not vote except to break a tie vote.
112	116		Sec. 3943.0204. TEMPORARY DIRECTORS. (a) On or after the
113	117		effective date of the Act enacting this chapter, the owner or owners
114	118		of a majority of the assessed value of the real property in the
115	119		district may submit a petition to the commission requesting that
116	120		the commission appoint as temporary directors the five persons
117	121		named in the petition. The commission shall appoint as temporary
118	122		directors the five persons named in the petition.
119	123		(b) The temporary directors shall hold an election to elect
120	124		five permanent directors as provided by Section 3943.0106.
121	125		(c) Temporary directors serve until the earlier of:
122	126		(1) the date permanent directors are elected under
123	127		Section 3943.0106; or
124	128		(2) the fourth anniversary of the effective date of
125	129		the Act enacting this chapter.
126	130		(d) If permanent directors have not been elected under
127	131		Section 3943.0106 and the terms of the temporary directors have
128	132		expired, successor temporary directors shall be appointed or
129	133		reappointed as provided by Subsection (e) to serve terms that
130	134		expire on the earlier of:
131	135		(1) the date permanent directors are elected under
132	136		Section 3943.0106; or
133	137		(2) the fourth anniversary of the date of the
134	138		appointment or reappointment.
135	139		(e) If Subsection (d) applies, the owner or owners of a
136	140		majority of the assessed value of the real property in the district
137	141		may submit a petition to the commission requesting that the
138	142		commission appoint as successor temporary directors the five
139	143		persons named in the petition. The commission shall appoint as
140	144		successor temporary directors the five persons named in the
141	145		petition.
142	146		SUBCHAPTER C. POWERS AND DUTIES
143	147		Sec. 3943.0301. GENERAL POWERS. The district has all of the
144	148		powers and duties necessary to accomplish the purposes for which
145	149		the district was created, including the powers and duties provided
146	150		by:
147	151		(1) Subchapter E, Chapter 375, Local Government Code;
148	152		and
149	153		(2) the general laws of this state on conservation and
150	154		reclamation districts created under Section 59, Article XVI, Texas
151	155		Constitution, including Chapter 49, Water Code.
152	156		Sec. 3943.0302. IMPROVEMENT PROJECTS. The district may
153	157		provide, or it may enter into contracts with a governmental or
154	158		private entity to provide, and pay all or part of the costs of the
155	159		improvement projects described by Subchapter D or activities in
156	160		support of or incidental to those projects.
157	161		Sec. 3943.0303. FIREFIGHTING AND MEDICAL EMERGENCY
158	162		SERVICES PROHIBITED. (a) The district may not engage in
159	163		firefighting activities or provide medical emergency services.
160	164		(b) Subchapter L, Chapter 49, Water Code, does not apply to
161	165		the district.
162	166		Sec. 3943.0304. RULES. The district may adopt rules:
163	167		(1) to administer and operate the district;
164	168		(2) for the use, enjoyment, availability, protection,
165	169		security, and maintenance of the district's facilities; and
166	170		(3) for the provision of public safety and security in
167	171		the district.
168	172		Sec. 3943.0305. LEASE, ACQUISITION, OR CONSTRUCTION OF
169	173		BUILDING OR FACILITY; ECONOMIC DEVELOPMENT PROGRAMS. The district
170	174		may, as if the district were a home-rule municipality with a
171	175		population of more than 100,000:
172	176		(1) issue bonds and lease, acquire, or construct a
173	177		building or facility as provided by Subchapter A, Chapter 1509,
174	178		Government Code; and
175	179		(2) establish and administer a program as provided by
176	180		Section 380.002, Local Government Code.
177	181		Sec. 3943.0306. CONTRACTS; GRANTS; DONATIONS. (a) The
178	182		district may contract with any person to accomplish the purposes of
179	183		this chapter on terms and for the period the board determines,
180	184		including contracting for the payment of costs incurred by the
181	185		person on behalf of the district, including all or part of the costs
182	186		of an improvement project, from tax proceeds or any other specified
183	187		source of money.
184	188		(b) The district may contract with a person to receive,
185	189		administer, and perform the district's duties under a gift, grant,
186	190		loan, conveyance, transfer, bequest, donation, or other financial
187	191		arrangement relating to the investigation, planning, analysis,
188	192		acquisition, construction, completion, implementation, or
189	193		operation of a proposed or existing improvement project.
190	194		(c) Any person, including any type of governmental entity,
191	195		may contract with the district to carry out the purposes of this
192	196		chapter.
193	197		Sec. 3943.0307. ANNEXATION OR EXCLUSION OF TERRITORY. The
194	198		district may add or exclude territory in the manner provided by
195	199		Chapter 375, Local Government Code.
196	200		Sec. 3943.0308. NO PEACE OFFICERS. The district may not
197	201		employ peace officers.
198	202		Sec. 3943.0309. NO EMINENT DOMAIN. The district may not
199	203		exercise the power of eminent domain.
200	204		SUBCHAPTER D. IMPROVEMENT PROJECTS
201	205		Sec. 3943.0401. IMPROVEMENT PROJECTS AND SERVICES. The
202	206		district may provide, design, construct, acquire, improve, lease,
203	207		relocate, repair, operate, maintain, or finance an improvement
204	208		project or service using money available to the district, or
205	209		contract with a governmental or private entity to provide, design,
206	210		construct, acquire, improve, lease, relocate, repair, operate,
207	211		maintain, or finance an improvement project or service authorized
208	212		under this chapter.
209	213		Sec. 3943.0402. MISCELLANEOUS DESIGN, CONSTRUCTION, AND
210	214		MAINTENANCE. An improvement project may include the planning,
211	215		design, construction, improvement, and maintenance of:
212	216		(1) landscaping;
213	217		(2) highway right-of-way or transit corridor
214	218		beautification and improvement;
215	219		(3) lighting, banners, and signs;
216	220		(4) a street or sidewalk;
217	221		(5) a hiking and cycling path or trail;
218	222		(6) a pedestrian walkway, skywalk, crosswalk, or
219	223		tunnel;
220	224		(7) a park, lake, garden, recreational facility, open
221	225		space, scenic area, or related exhibit or preserve;
222	226		(8) a fountain, plaza, or pedestrian mall; or
223	227		(9) public art or sculpture and related exhibits and
224	228		facilities and educational or cultural exhibits and facilities,
225	229		including exhibits, displays, attractions, or facilities for
226	230		special events, holidays, or seasonal or cultural celebrations.
227	231		Sec. 3943.0403. PARKING AND TRANSPORTATION. An improvement
228	232		project may include the planning, design, construction,
229	233		improvement, maintenance, and operation of an off-street parking
230	234		facility, a heliport, a bus terminal, mass transit, and a roadway or
231	235		water transportation system.
232	236		Sec. 3943.0404. DEMOLITION. An improvement project may
233	237		include the removal, razing, demolition, or clearing of land or
234	238		improvements in connection with an improvement project.
235	239		Sec. 3943.0405. ACQUISITION OF PROPERTY. An improvement
236	240		project may include the acquisition of property or an interest in
237	241		property in connection with an improvement project.
238	242		Sec. 3943.0406. SPECIAL OR SUPPLEMENTAL SERVICES. An
239	243		improvement project may include a special or supplemental service
240	244		for the improvement and promotion of the district or for the
241	245		protection of public health and safety in the district, including:
242	246		(1) tourism;
243	247		(2) elimination of traffic congestion;
244	248		(3) health, sanitation, public safety, and security;
245	249		(4) recreational, educational, or cultural
246	250		improvements, enhancements, and services; and
247	251		(5) advertising, promotion, and business recruitment.
248	252		Sec. 3943.0407. SIMILAR IMPROVEMENT PROJECTS. An
249	253		improvement project may include a public improvement, facility, or
250	254		service similar to a project described by this subchapter.
251	255		SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
252	256		Sec. 3943.0501. NO AD VALOREM TAX. The district may not
253	257		impose an ad valorem tax.
254	258		Sec. 3943.0502. FEES; CHARGES. The district may:
255	259		(1) establish and collect user fees, concession fees,
256	260		admission fees, rental fees, or other similar fees or charges; and
257	261		(2) apply the proceeds from those fees or charges for
258	262		the enjoyment, sale, rental, or other use of the district's
259	263		facilities, services, or improvement projects.
260	264		Sec. 3943.0503. BORROWING MONEY. The district may borrow
261	265		money for a district purpose.
262	266		Sec. 3943.0504. PAYMENT OF EXPENSES. The district may
263	267		provide or secure the payment or repayment of any district expense,
264	268		including:
265	269		(1) a district cost relating to an improvement
266	270		project;
267	271		(2) a district contractual obligation or
268	272		indebtedness, because of a lease, installment purchase contract, or
269	273		other agreement; or
270	274		(3) a tax, user fee, concession fee, rental fee, or
271	275		other revenue or resources of the district.
272	276		Sec. 3943.0505. BONDS. (a) The board may issue bonds as
273	277		provided by Subchapter J, Chapter 375, Local Government Code.
274	278		(b) In addition to the sources described in Subchapter J,
275	279		Chapter 375, Local Government Code, bonds issued by the district
276	280		may be secured and made payable, in whole or in part, by a pledge of
277	281		any part of the net proceeds the district receives from a specified
278	282		portion of not more than one-half of the district's maximum sales
279	283		and use tax amount authorized at an election held under Section
280	284		3943.0602.
281	285		(c) Sections 375.207 and 375.208, Local Government Code, do
282	286		not apply to bonds issued under this section.
283	287		SUBCHAPTER F. SALES AND USE TAX
284	288		Sec. 3943.0601. SALES AND USE TAX. (a) For purposes of
285	289		this section:
286	290		(1) "Taxable items" includes all items subject to a
287	291		sales and use tax that is imposed by the county.
288	292		(2) "Use," with respect to a taxable service, means
289	293		the derivation in the district of a direct or indirect benefit from
290	294		the service.
291	295		(b) The district may impose a sales and use tax if
292	296		authorized by a majority vote at an election held for that purpose.
293	297		(c) If the district adopts a sales and use tax:
294	298		(1) the tax is imposed on the receipts from the sale at
295	299		retail of taxable items in the district; and
296	300		(2) a use tax is imposed on the use, storage, or other
297	301		consumption in the district of taxable items purchased or rented
298	302		from a retailer during the period in which the sales and use tax is
299	303		effective in the district.
300	304		(d) The rate of the use tax is the same as the rate of the
301	305		sales tax portion of the tax applied to the sales price of the
302	306		taxable items and is included in the sales tax.
303	307		(e) The district may not adopt a sales and use tax if as a
304	308		result of the adoption of the tax the combined rate of all sales and
305	309		use taxes imposed by the district and other political subdivisions
306	310		of this state having territory in the district would exceed two
307	311		percent at any location in the district.
308		-	Sec. 3943.0602. TAX ELECTION PROCEDURES. (a) The board
309		-	~~may~~ order an election to adopt, change the rate of, or abolish a
310		-	~~sales~~ and use tax. The election may be held at the same time and in
	312	+	Sec. 3943.0602. TAX ELECTION PROCEDURES. (a) The board may
	313	+	order an election to adopt, change the rate of, or abolish a sales
	314	+	and use tax. The election may be held at the same time and in
311	315		conjunction with a directors' election.
312	316		(b) The election must be held on the first uniform election
313	317		date that occurs after the time required by Section 3.005, Election
314	318		Code.
315	319		(c) Notice of the election shall be given and the election
316	320		shall be held in the manner prescribed for a bond election by
317	321		Subchapter D, Chapter 49, Water Code.
318	322		Sec. 3943.0603. BALLOT WORDING. (a) In an election to
319	323		adopt a sales and use tax, the ballot shall be prepared to permit
320	324		voting for or against the proposition: "The adoption of a local
321	325		sales and use tax by the Channelview Improvement District at the
322	326		rate of (proposed tax rate)."
323	327		(b) In an election to change the rate of the sales and use
324	328		tax, the ballot shall be prepared to permit voting for or against
325	329		the proposition: "The (increase or decrease, as applicable) in the
326	330		rate of the local sales and use tax imposed by the Channelview
327	331		Improvement District from (tax rate on election date) percent to
328	332		(proposed tax rate) percent."
329	333		(c) In an election to abolish the sales and use tax, the
330	334		ballot shall be prepared to permit voting for or against the
331	335		proposition: "The abolition of the local sales and use tax imposed
332	336		by the Channelview Improvement District."
333	337		Sec. 3943.0604. APPLICABILITY OF CERTAIN TAX CODE
334	338		PROVISIONS. (a) Chapter 323, Tax Code, governs the imposition,
335	339		computation, administration, enforcement, and collection of the
336	340		sales and use tax authorized by this subchapter except to the extent
337	341		Chapter 323, Tax Code, is inconsistent with this chapter.
338	342		(b) A reference in Chapter 323, Tax Code, to a county or the
339	343		commissioners court of a county is a reference to the district or
340	344		the board, respectively, for the purposes of this chapter.
341	345		(c) Nothing in this chapter alters, increases, decreases,
342	346		or affects a sales and use tax imposed by a political subdivision
343	347		other than the district.
344	348		Sec. 3943.0605. TAX RATES. The district may impose the
345	349		sales and use tax in increments of one-eighth of one percent, with a
346	350		minimum tax of one-half percent and a maximum tax of one percent.
347	351		Sec. 3943.0606. ABOLITION OF TAX. The board by order and
348	352		without an election may abolish the sales and use tax imposed by the
349	353		district.
350	354		Sec. 3943.0607. USE OF TAXES. The district may use the
351	355		proceeds from the sales and use tax only for the purposes for which
352	356		the district was created.
353	357		Sec. 3943.0608. EFFECTIVE DATE OF TAX OR TAX CHANGE. The
354	358		adoption of a tax rate or a change in the tax rate takes effect after
355	359		the expiration of the first complete calendar quarter occurring
356	360		after the date on which the comptroller receives a notice of the
357	361		results of the election.
358	362		SUBCHAPTER I. DISSOLUTION
359	363		Sec. 3943.0901. DISSOLUTION BY BOARD ORDER. The board by
360	364		order may dissolve the district at any time unless the district has
361	365		outstanding indebtedness or contractual obligations, as provided
362	366		by Section 375.264, Local Government Code.
363	367		Sec. 3943.0902. DISSOLUTION BY ELECTION. (a) The board by
364	368		order shall dissolve the district if a majority of the voters of the
365	369		district voting at an election called for that purpose vote to
366	370		dissolve the district.
367	371		(b) After the date the district is dissolved under this
368	372		section, the district may not impose taxes.
369	373		(c) If on the date the district is dissolved the district
370	374		has outstanding liabilities, the board shall, not later than the
371	375		30th day after the date of dissolution, adopt a resolution
372	376		certifying each outstanding liability. The county shall assume the
373	377		outstanding liabilities and shall collect the sales and use tax for
374	378		the district for the remainder of the calendar year. The county may
375	379		continue to collect the tax for an additional calendar year if the
376	380		commissioners court of the county finds that the tax revenue is
377	381		needed to retire the district liabilities that were assumed by the
378	382		county.
379	383		(d) The district may continue to operate for a period not to
380	384		exceed two months after performing its duties under Subsection (c).
381	385		The district is continued in effect for the purpose of performing
382	386		those duties.
383	387		(e) If the district is continued in effect under Subsection
384	388		(d), the district is dissolved entirely on the first day of the
385	389		month following the month in which the board certifies to the
386	390		secretary of state that the district has fully performed its duties
387	391		under Subsection (c).
388	392		(f) Section 375.264, Local Government Code, does not apply
389	393		to the dissolution of the district if the voters of the district
390	394		vote to dissolve the district under this section.
391	395		Sec. 3943.0903. DISSOLUTION BY PETITION. Except as limited
392	396		by Section 375.264, Local Government Code, the board shall dissolve
393	397		the district on written petition filed with the board by the owners
394	398		of:
395	399		(1) 66 percent or more of the assessed value of the
396	400		property subject to assessment by the district based on the most
397	401		recent certified county property tax rolls; or
398	402		(2) 66 percent or more of the surface area of the
399	403		district, excluding roads, streets, highways, utility
400	404		rights-of-way, other public areas, and other property exempt from
401	405		assessment by the district according to the most recent certified
402	406		county property tax rolls.
403	407		Sec. 3943.0904. ADMINISTRATION OF DISTRICT PROPERTY
404	408		FOLLOWING DISSOLUTION. (a) After the date the board orders the
405	409		dissolution of the district, the board shall transfer ownership of
406	410		all district property to the county, except as provided by
407	411		Subsection (b).
408	412		(b) If, on the date on which the board orders the
409	413		dissolution, more than 50 percent of the district territory is in a
410	414		municipality, the board shall transfer ownership of the district's
411	415		property to the municipality.
412	416		Sec. 3943.0905. APPLICABILITY OF OTHER LAW. Sections
413	417		375.261 and 375.262, Local Government Code, do not apply to the
414	418		district.
415	419		SECTION 2. The Channelview Improvement District initially
416	420		includes all the territory contained in the following area:
417	421		BEGINNING at the centerline intersection of the East Sam
418	422		Houston Parkway ("Beltway 8") with the centerline of Wallisville
419	423		Road, approximately 2 1/2 miles north of Interstate 10 ("East
420	424		Freeway"), along said "Beltway 8";
421	425		THENCE, in a Northeasterly direction, along the centerline of
422	426		said Wallisville Road, to the intersection of said Wallisville Road
423	427		with the west bank of the San Jacinto River;
424	428		THENCE, in a Southerly direction, along the westerly bank of
425	429		the said San Jacinto River; inclusive of the body of water known as
426	430		Bear Lake, to the intersection of the U.P.S. Railroad and the
427	431		southerly bank of a body of water known as Whites Lake;
428	432		THENCE, in an Easterly direction, along the southerly bank of
429	433		said Whites Lake, to the intersection of said Whites Lake, also
430	434		being the northerly Right-of-Way line of said Interstate 10 with
431	435		the westerly bank of the said San Jacinto River;
432	436		THENCE, in a Southwesterly direction, along the westerly bank
433	437		of the said San Jacinto River, crossing the northerly outlet of Old
434	438		River to the intersection of the northerly City of Houston, City
435	439		Limit Line;
436	440		THENCE, in a Southwesterly direction, with a curve to the
437	441		left, along said northerly City Limit Line crossing the southerly
438	442		outlet of Old River to the southerly bank of said Old River;
439	443		THENCE, in an Easterly direction with the southerly bank of
440	444		said Old River and with the said northerly City Limit Line to the
441	445		west bank of the Houston Ship Channel;
442	446		THENCE, in a Southwesterly direction with the northwesterly
443	447		bank of said Houston Ship Channel and with the northwesterly City
444	448		Limit Line to an angle point in said City Limit Line northeasterly
445	449		of the outlet of Carpenters Bayou/Barge Channel;
446	450		THENCE, in a Northwesterly direction leaving said Houston
447	451		Ship Channel with the northeasterly City Limit Line to an angle
448	452		point of said City Limit Line;
449	453		THENCE, in a Southwesterly direction with the northwesterly
450	454		City Limit Line, being a line parallel to and located approximately
451	455		2,500 feet from the centerline of the said Houston Ship Channel,
452	456		crossing said Carpenters Bayou/Barge Channel to an angle point in
453	457		said City Limit Line;
454	458		THENCE, in a Southeasterly direction with the southwesterly
455	459		City Limit Line to the westerly bank of the said Houston Ship
456	460		Channel;
457	461		THENCE, in a Southwesterly direction with the northwesterly
458	462		bank of said Houston Ship Channel with the northwesterly City Limit
459	463		Line to an angle point of said City Limit Line located near the
460	464		outlet of the Jacinto Port Slip;
461	465		THENCE, in a Northwesterly direction leaving said Houston
462	466		Ship Channel with the northeasterly City Limit Line to an angle
463	467		point of said City Limit Line;
464	468		THENCE, in a Southwesterly direction with northwesterly City
465	469		Limit Line, being a line parallel to and located approximately
466	470		2,500 feet from the centerline of said Houston Ship Channel,
467	471		crossing said Jacinto Port Slip to an angle point in said City Limit
468	472		Line;
469	473		THENCE, in a Southeasterly direction with southwesterly City
470	474		Limit Line to the westerly bank of the said Houston Ship Channel;
471	475		THENCE, in a Southeasterly direction with the northerly City
472	476		Limit Line and generally with the Northerly bank of said Houston
473	477		Ship Channel, crossing said "Beltway 8" to the intersection of the
474	478		northerly bank of the said Houston Ship Channel with the extension
475	479		of the centerline of Penn City Road;
476	480		THENCE, in a Northerly direction, along the said centerline
477	481		extension of said Penn City Road, to the common intersection of Penn
478	482		City Road, "Beltway 8" and Interstate 10 for corner;
479	483		THENCE, in a Northerly direction, along the centerline of
480	484		said "Beltway 8", approximately 2 1/2 miles to the POINT OF
481	485		BEGINNING. Save and except for any portion hereof that is included
482	486		in the municipal or corporate boundaries of the City of Houston.
483	487		SECTION 3. (a) The legal notice of the intention to
484	488		introduce this Act, setting forth the general substance of this
485	489		Act, has been published as provided by law, and the notice and a
486	490		copy of this Act have been furnished to all persons, agencies,
487	491		officials, or entities to which they are required to be furnished
488	492		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
489	493		Government Code.
490	494		(b) The governor, one of the required recipients, has
491	495		submitted the notice and Act to the Texas Commission on
492	496		Environmental Quality.
493	497		(c) The Texas Commission on Environmental Quality has filed
494	498		its recommendations relating to this Act with the governor, the
495	499		lieutenant governor, and the speaker of the house of
496	500		representatives within the required time.
497	501		(d) All requirements of the constitution and laws of this
498	502		state and the rules and procedures of the legislature with respect
499	503		to the notice, introduction, and passage of this Act are fulfilled
500	504		and accomplished.
501	505		SECTION 4. If the creation of the district is not confirmed
502	506		at a confirmation election held under Section 1 of this Act before
503	507		September 1, 2023, this Act and Chapter 3943, Special District
504	508		Local Laws Code, as added by this Act, expire on that date.
505	509		SECTION 5. This Act takes effect immediately if it receives
506	510		a vote of two-thirds of all the members elected to each house, as
507	511		provided by Section 39, Article III, Texas Constitution. If this
508	512		Act does not receive the vote necessary for immediate effect, this
509	513		Act takes effect September 1, 2019.
510		-	______________________________ ______________________________
511		-	President of the Senate Speaker of the House
512		-	I hereby certify that S.B. No. 1835 passed the Senate on
513		-	April 25, 2019, by the following vote: Yeas 28, Nays 2; and that
514		-	the Senate concurred in House amendment on May 21, 2019, by the
515		-	following vote: Yeas 31, Nays 0.
516		-	______________________________
517		-	Secretary of the Senate
518		-	I hereby certify that S.B. No. 1835 passed the House, with
519		-	amendment, on May 10, 2019, by the following vote: Yeas 122,
520		-	Nays 19, two present not voting.
521		-	______________________________
522		-	Chief Clerk of the House
523		-	Approved:
524		-	______________________________
525		-	Date
526		-	______________________________
527		-	Governor