1 | 1 | | 88R10969 MCF-F |
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2 | 2 | | By: Miles S.B. No. 2611 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the creation of the Northeast Houston Redevelopment |
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8 | 8 | | District; providing authority to issue bonds; providing authority |
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9 | 9 | | to impose assessments or fees. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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12 | 12 | | Code, is amended by adding Chapter 3995 to read as follows: |
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13 | 13 | | CHAPTER 3995. NORTHEAST HOUSTON REDEVELOPMENT DISTRICT |
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14 | 14 | | SUBCHAPTER A. GENERAL PROVISIONS |
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15 | 15 | | Sec. 3995.0101. DEFINITIONS. In this chapter: |
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16 | 16 | | (1) "Board" means the district's board of directors. |
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17 | 17 | | (2) "City" means the City of Houston. |
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18 | 18 | | (3) "County" means Harris County. |
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19 | 19 | | (4) "Director" means a board member. |
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20 | 20 | | (5) "District" means the Northeast Houston |
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21 | 21 | | Redevelopment District. |
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22 | 22 | | Sec. 3995.0102. CREATION AND NATURE OF DISTRICT. The |
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23 | 23 | | Northeast Houston Redevelopment District is a special district |
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24 | 24 | | created under Section 59, Article XVI, Texas Constitution. |
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25 | 25 | | Sec. 3995.0103. PURPOSE; DECLARATION OF INTENT. (a) The |
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26 | 26 | | creation of the district is essential to accomplish the purposes of |
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27 | 27 | | Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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28 | 28 | | Texas Constitution, and other public purposes stated in this |
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29 | 29 | | chapter. |
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30 | 30 | | (b) By creating the district and in authorizing political |
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31 | 31 | | subdivisions to contract with the district, the legislature has |
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32 | 32 | | established a program to accomplish the public purposes set out in |
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33 | 33 | | Section 52-a, Article III, Texas Constitution. |
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34 | 34 | | (c) The creation of the district is necessary to promote, |
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35 | 35 | | develop, encourage, and maintain employment, commerce, |
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36 | 36 | | transportation, housing, tourism, recreation, the arts, |
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37 | 37 | | entertainment, economic development, safety, and the public |
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38 | 38 | | welfare in the district. |
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39 | 39 | | (d) This chapter and the creation of the district may not be |
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40 | 40 | | interpreted to relieve the county from providing the level of |
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41 | 41 | | services provided as of the effective date of the Act enacting this |
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42 | 42 | | chapter to the area in the district. The district is created to |
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43 | 43 | | supplement and not to supplant county services provided in the |
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44 | 44 | | district. |
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45 | 45 | | Sec. 3995.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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46 | 46 | | (a) All land and other property included in the district will |
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47 | 47 | | benefit from the improvements and services to be provided by the |
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48 | 48 | | district under powers conferred by Sections 52 and 52-a, Article |
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49 | 49 | | III, and Section 59, Article XVI, Texas Constitution, and other |
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50 | 50 | | powers granted under this chapter. |
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51 | 51 | | (b) The district is created to serve a public use and |
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52 | 52 | | benefit. |
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53 | 53 | | (c) The creation of the district is in the public interest |
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54 | 54 | | and is essential to further the public purposes of: |
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55 | 55 | | (1) developing and diversifying the economy of the |
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56 | 56 | | state; |
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57 | 57 | | (2) eliminating unemployment and underemployment; |
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58 | 58 | | (3) developing or expanding transportation and |
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59 | 59 | | commerce; and |
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60 | 60 | | (4) providing quality residential housing. |
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61 | 61 | | (d) The district will: |
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62 | 62 | | (1) promote the health, safety, and general welfare of |
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63 | 63 | | residents, employers, potential employees, employees, visitors, |
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64 | 64 | | and consumers in the district, and of the public; |
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65 | 65 | | (2) provide needed funding for the district to |
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66 | 66 | | preserve, maintain, and enhance the economic health and vitality of |
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67 | 67 | | the district territory as a residential community and business |
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68 | 68 | | center; and |
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69 | 69 | | (3) promote the health, safety, welfare, and enjoyment |
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70 | 70 | | of the public by providing pedestrian ways and by landscaping, |
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71 | 71 | | removing graffiti from, and developing certain areas in the |
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72 | 72 | | district, which are necessary for the restoration, preservation, |
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73 | 73 | | and enhancement of scenic beauty. |
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74 | 74 | | (e) Pedestrian ways along or across a street, whether at |
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75 | 75 | | grade or above or below the surface, and street lighting, street |
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76 | 76 | | landscaping, parking, and street art objects are parts of and |
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77 | 77 | | necessary components of a street and are considered to be a street |
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78 | 78 | | or road improvement. |
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79 | 79 | | (f) The district will not act as the agent or |
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80 | 80 | | instrumentality of any private interest even though the district |
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81 | 81 | | will benefit many private interests as well as the public. |
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82 | 82 | | Sec. 3995.0105. INITIAL DISTRICT TERRITORY. (a) The |
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83 | 83 | | district is initially composed of the territory described by |
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84 | 84 | | Section 2 of the Act enacting this chapter. |
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85 | 85 | | (b) The boundaries and field notes contained in Section 2 of |
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86 | 86 | | the Act enacting this chapter form a closure. A mistake in the |
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87 | 87 | | field notes or in copying the field notes in the legislative process |
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88 | 88 | | does not affect the district's: |
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89 | 89 | | (1) organization, existence, or validity; |
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90 | 90 | | (2) right to issue any type of bonds for the purposes |
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91 | 91 | | for which the district is created or to pay the principal of and |
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92 | 92 | | interest on the bonds; |
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93 | 93 | | (3) right to impose or collect an assessment; or |
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94 | 94 | | (4) legality or operation. |
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95 | 95 | | Sec. 3995.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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96 | 96 | | All or any part of the area of the district is eligible to be |
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97 | 97 | | included in: |
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98 | 98 | | (1) a tax increment reinvestment zone created under |
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99 | 99 | | Chapter 311, Tax Code; |
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100 | 100 | | (2) a tax abatement reinvestment zone created under |
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101 | 101 | | Chapter 312, Tax Code; or |
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102 | 102 | | (3) an enterprise zone created under Chapter 2303, |
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103 | 103 | | Government Code. |
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104 | 104 | | Sec. 3995.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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105 | 105 | | DISTRICTS LAW. Except as otherwise provided by this chapter, |
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106 | 106 | | Chapter 375, Local Government Code, applies to the district. |
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107 | 107 | | Sec. 3995.0108. CONSTRUCTION OF CHAPTER. This chapter |
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108 | 108 | | shall be liberally construed in conformity with the findings and |
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109 | 109 | | purposes stated in this chapter. |
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110 | 110 | | Sec. 3995.0109. CONFIRMATION ELECTION. (a) Before |
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111 | 111 | | issuing any bonds or other obligations, imposing any assessments, |
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112 | 112 | | or recommending persons for appointment as succeeding directors, |
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113 | 113 | | the initial directors shall hold an election in the boundaries of |
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114 | 114 | | the district on a uniform election date provided by Section 41.001, |
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115 | 115 | | Election Code, to determine if the district shall be created. |
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116 | 116 | | (b) Notice of a confirmation election shall state the day |
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117 | 117 | | and place or places for holding the election and the propositions to |
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118 | 118 | | be voted on. |
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119 | 119 | | (c) The ballots for a confirmation election shall be printed |
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120 | 120 | | to provide for voting "For District" and "Against District." |
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121 | 121 | | (d) Immediately after the confirmation election, the |
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122 | 122 | | presiding judge shall take returns of the results to the initial |
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123 | 123 | | board. The initial board shall canvass the returns and issue an |
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124 | 124 | | order declaring the results at the earliest practicable time. The |
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125 | 125 | | order must include a description of the district's boundaries. |
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126 | 126 | | (e) If a majority of the votes cast in the election favor the |
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127 | 127 | | creation of the district, the initial board shall issue an order |
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128 | 128 | | declaring that the district is created and enter the result in its |
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129 | 129 | | minutes. If a majority of the votes cast in the election are |
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130 | 130 | | against the creation of the district, the initial board shall issue |
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131 | 131 | | an order declaring that the district was defeated and enter the |
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132 | 132 | | result in its minutes. |
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133 | 133 | | (f) A copy of each order issued under this section must be |
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134 | 134 | | filed: |
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135 | 135 | | (1) in the deed records of the county or counties in |
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136 | 136 | | which the district is located; and |
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137 | 137 | | (2) with the Texas Commission on Environmental |
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138 | 138 | | Quality. |
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139 | 139 | | SUBCHAPTER B. BOARD OF DIRECTORS |
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140 | 140 | | Sec. 3995.0201. GOVERNING BODY; TERMS. (a) The district |
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141 | 141 | | is governed by a board of 13 voting directors who must be qualified |
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142 | 142 | | under and appointed by the governing body of the city as provided by |
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143 | 143 | | Subchapter D, Chapter 375, Local Government Code. |
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144 | 144 | | (b) The directors serve staggered terms of four years with |
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145 | 145 | | six or seven directors' terms expiring June 1 of each odd-numbered |
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146 | 146 | | year. |
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147 | 147 | | Sec. 3995.0202. DIRECTOR'S OATH OR AFFIRMATION. (a) A |
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148 | 148 | | director shall file the director's oath or affirmation of office |
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149 | 149 | | with the district, and the district shall retain the oath or |
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150 | 150 | | affirmation in the district records. |
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151 | 151 | | (b) A director shall file a copy of the director's oath or |
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152 | 152 | | affirmation with the clerk of the county. |
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153 | 153 | | Sec. 3995.0203. QUORUM. A vacant director position is not |
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154 | 154 | | counted for purposes of establishing a quorum. |
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155 | 155 | | Sec. 3995.0204. OFFICERS. The board shall elect from among |
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156 | 156 | | the directors a chair, a vice chair, and a secretary. The offices |
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157 | 157 | | of chair and secretary may not be held by the same person. |
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158 | 158 | | Sec. 3995.0205. COMPENSATION; EXPENSES. (a) The district |
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159 | 159 | | may compensate each director in an amount not to exceed $50 for each |
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160 | 160 | | board meeting. The total amount of compensation a director may |
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161 | 161 | | receive each year may not exceed $2,000. |
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162 | 162 | | (b) A director is entitled to reimbursement for necessary |
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163 | 163 | | and reasonable expenses incurred in carrying out the duties and |
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164 | 164 | | responsibilities of the board. |
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165 | 165 | | Sec. 3995.0206. LIABILITY INSURANCE. The district may |
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166 | 166 | | obtain and pay for comprehensive general liability insurance |
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167 | 167 | | coverage from a commercial insurance company or other source that |
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168 | 168 | | protects and insures a director against personal liability and from |
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169 | 169 | | all claims relating to: |
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170 | 170 | | (1) actions taken by the director in the director's |
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171 | 171 | | capacity as a member of the board; |
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172 | 172 | | (2) actions and activities taken by the district; or |
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173 | 173 | | (3) the actions of others acting on behalf of the |
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174 | 174 | | district. |
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175 | 175 | | Sec. 3995.0207. NO EXECUTIVE COMMITTEE. The board may not |
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176 | 176 | | create an executive committee to exercise the powers of the board. |
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177 | 177 | | Sec. 3995.0208. BOARD MEETINGS. The board shall hold |
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178 | 178 | | meetings at a place accessible to the public. |
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179 | 179 | | Sec. 3995.0209. INITIAL DIRECTORS. (a) The initial board |
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180 | 180 | | consists of the following directors: |
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181 | 181 | | Pos. No. Name of Director Pos. No. Name of Director |
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182 | 182 | | Pos. No. Name of Director |
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183 | 183 | | 1 ____________________ 1 ____________________ |
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184 | 184 | | 1 ____________________ |
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185 | 185 | | 2 ____________________ 2 ____________________ |
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186 | 186 | | 2 ____________________ |
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187 | 187 | | 3 ____________________ 3 ____________________ |
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188 | 188 | | 3 ____________________ |
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189 | 189 | | 4 ____________________ 4 ____________________ |
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190 | 190 | | 4 ____________________ |
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191 | 191 | | 5 ____________________ 5 ____________________ |
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192 | 192 | | 5 ____________________ |
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193 | 193 | | 6 ____________________ 6 ____________________ |
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194 | 194 | | 6 ____________________ |
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195 | 195 | | 7 ____________________ 7 ____________________ |
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196 | 196 | | 7 ____________________ |
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197 | 197 | | 8 ____________________ 8 ____________________ |
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198 | 198 | | 8 ____________________ |
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199 | 199 | | 9 ____________________ 9 ____________________ |
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200 | 200 | | 9 ____________________ |
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201 | 201 | | 10 ____________________ 10 ____________________ |
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202 | 202 | | 10 ____________________ |
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203 | 203 | | 11 ____________________ 11 ____________________ |
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204 | 204 | | 11 ____________________ |
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205 | 205 | | 12 ____________________ 12 ____________________ |
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206 | 206 | | 12 ____________________ |
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207 | 207 | | 13 ____________________ 13 ____________________ |
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208 | 208 | | 13 ____________________ |
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209 | 209 | | (b) Of the initial directors, the terms of directors |
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210 | 210 | | appointed for positions 1 through 6 expire June 1, 2025, and the |
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211 | 211 | | terms of directors appointed for positions 7 through 13 expire June |
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212 | 212 | | 1, 2027. |
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213 | 213 | | (c) Section 375.063, Local Government Code, does not apply |
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214 | 214 | | to the initial directors named by Subsection (a). |
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215 | 215 | | (d) This section expires September 1, 2027. |
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216 | 216 | | SUBCHAPTER C. POWERS AND DUTIES |
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217 | 217 | | Sec. 3995.0301. GENERAL POWERS AND DUTIES. The district |
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218 | 218 | | has the powers and duties necessary to accomplish the purposes for |
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219 | 219 | | which the district is created. |
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220 | 220 | | Sec. 3995.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) |
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221 | 221 | | The district, using any money available to the district for the |
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222 | 222 | | purpose, may provide, design, construct, acquire, improve, |
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223 | 223 | | relocate, operate, maintain, or finance an improvement project or |
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224 | 224 | | service authorized under this chapter or Chapter 375, Local |
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225 | 225 | | Government Code. |
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226 | 226 | | (b) The district may contract with a governmental or private |
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227 | 227 | | entity to carry out an action under Subsection (a). |
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228 | 228 | | (c) The implementation of a district project or service is a |
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229 | 229 | | governmental function or service for the purposes of Chapter 791, |
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230 | 230 | | Government Code. |
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231 | 231 | | Sec. 3995.0303. LOCATION OF IMPROVEMENT PROJECT. An |
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232 | 232 | | improvement project described by Section 3995.0302 may be located: |
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233 | 233 | | (1) in the district; or |
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234 | 234 | | (2) in an area outside but adjacent to the district if |
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235 | 235 | | the project is for the purpose of extending a public infrastructure |
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236 | 236 | | improvement beyond the district's boundaries to a logical terminus. |
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237 | 237 | | Sec. 3995.0304. NONPROFIT CORPORATION. (a) The board by |
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238 | 238 | | resolution may authorize the creation of a nonprofit corporation to |
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239 | 239 | | assist and act for the district in implementing a project or |
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240 | 240 | | providing a service authorized by this chapter. |
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241 | 241 | | (b) The nonprofit corporation: |
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242 | 242 | | (1) has each power of and is considered to be a local |
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243 | 243 | | government corporation created under Subchapter D, Chapter 431, |
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244 | 244 | | Transportation Code; and |
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245 | 245 | | (2) may implement any project and provide any service |
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246 | 246 | | authorized by this chapter. |
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247 | 247 | | (c) The board shall appoint the board of directors of the |
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248 | 248 | | nonprofit corporation. The board of directors of the nonprofit |
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249 | 249 | | corporation shall serve in the same manner as the board of directors |
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250 | 250 | | of a local government corporation created under Subchapter D, |
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251 | 251 | | Chapter 431, Transportation Code, except that a board member is not |
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252 | 252 | | required to reside in the district. |
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253 | 253 | | Sec. 3995.0305. AGREEMENTS; GRANTS. As provided by Chapter |
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254 | 254 | | 375, Local Government Code, the district may make an agreement with |
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255 | 255 | | or accept a gift, grant, or loan from any person. |
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256 | 256 | | Sec. 3995.0306. LAW ENFORCEMENT SERVICES. To protect the |
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257 | 257 | | public interest, the district may contract with a qualified party, |
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258 | 258 | | including the county, to provide law enforcement services in the |
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259 | 259 | | district for a fee. |
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260 | 260 | | Sec. 3995.0307. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. |
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261 | 261 | | The district may join and pay dues to a charitable or nonprofit |
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262 | 262 | | organization that performs a service or provides an activity |
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263 | 263 | | consistent with the furtherance of a district purpose. |
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264 | 264 | | Sec. 3995.0308. ECONOMIC DEVELOPMENT PROGRAMS. (a) The |
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265 | 265 | | district may engage in activities that accomplish the economic |
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266 | 266 | | development purposes of the district. |
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267 | 267 | | (b) The district may establish and provide for the |
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268 | 268 | | administration of one or more programs to promote state or local |
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269 | 269 | | economic development and to stimulate business and commercial |
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270 | 270 | | activity in the district, including programs to: |
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271 | 271 | | (1) make loans and grants of public money; and |
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272 | 272 | | (2) provide district personnel and services. |
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273 | 273 | | (c) The district may create economic development programs |
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274 | 274 | | and exercise the economic development powers provided to |
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275 | 275 | | municipalities by: |
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276 | 276 | | (1) Chapter 380, Local Government Code; and |
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277 | 277 | | (2) Subchapter A, Chapter 1509, Government Code. |
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278 | 278 | | Sec. 3995.0309. CONCURRENCE ON ADDITIONAL POWERS. If the |
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279 | 279 | | territory of the district is located in the corporate boundaries or |
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280 | 280 | | the extraterritorial jurisdiction of a municipality, the district |
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281 | 281 | | may not exercise a power granted to the district after the date the |
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282 | 282 | | district was created unless the governing body of the municipality |
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283 | 283 | | by resolution consents to the district's exercise of the power. |
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284 | 284 | | Sec. 3995.0310. NO AD VALOREM TAX. The district may not |
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285 | 285 | | impose an ad valorem tax. |
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286 | 286 | | Sec. 3995.0311. NO EMINENT DOMAIN POWER. The district may |
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287 | 287 | | not exercise the power of eminent domain. |
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288 | 288 | | SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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289 | 289 | | Sec. 3995.0401. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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290 | 290 | | board by resolution shall establish the number of signatures and |
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291 | 291 | | the procedure required for a disbursement or transfer of the |
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292 | 292 | | district's money. |
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293 | 293 | | Sec. 3995.0402. GENERAL POWERS REGARDING PAYMENT OF |
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294 | 294 | | DISTRICT BONDS, OBLIGATIONS, OR OTHER COSTS. The district may |
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295 | 295 | | provide or secure the payment or repayment of any bond, note, or |
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296 | 296 | | other temporary or permanent obligation or reimbursement or other |
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297 | 297 | | contract with any person and the costs and expenses of the |
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298 | 298 | | establishment, administration, and operation of the district and |
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299 | 299 | | the district's costs or share of the costs or revenue of an |
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300 | 300 | | improvement project or district contractual obligation or |
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301 | 301 | | indebtedness by: |
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302 | 302 | | (1) the imposition of an assessment, user fee, |
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303 | 303 | | concession fee, or rental charge; or |
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304 | 304 | | (2) any other revenue or resources of the district. |
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305 | 305 | | Sec. 3995.0403. BONDS AND OTHER OBLIGATIONS. (a) The |
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306 | 306 | | district may issue, by public or private sale, bonds, notes, or |
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307 | 307 | | other obligations payable wholly or partly from assessments in the |
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308 | 308 | | manner provided by Subchapter A, Chapter 372, or Subchapter J, |
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309 | 309 | | Chapter 375, Local Government Code. |
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310 | 310 | | (b) In exercising the district's borrowing power, the |
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311 | 311 | | district may issue a bond or other obligation in the form of a bond, |
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312 | 312 | | note, certificate of participation or other instrument evidencing a |
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313 | 313 | | proportionate interest in payments to be made by the district, or |
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314 | 314 | | other type of obligation. |
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315 | 315 | | (c) In addition to the sources of money described by |
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316 | 316 | | Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local |
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317 | 317 | | Government Code, district bonds may be secured and made payable |
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318 | 318 | | wholly or partly by a pledge of any part of the money the |
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319 | 319 | | district receives from improvement revenue or from any other |
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320 | 320 | | source. |
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321 | 321 | | Sec. 3995.0404. BOND MATURITY. Bonds may mature not more |
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322 | 322 | | than 40 years from their date of issue. |
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323 | 323 | | Sec. 3995.0405. COSTS FOR IMPROVEMENT PROJECTS. The |
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324 | 324 | | district may undertake separately or jointly with other persons, |
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325 | 325 | | including the city or the county, all or part of the cost of an |
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326 | 326 | | improvement project, including an improvement project: |
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327 | 327 | | (1) for improving, enhancing, and supporting public |
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328 | 328 | | safety and security, fire protection and emergency medical |
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329 | 329 | | services, and law enforcement in or adjacent to the district; or |
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330 | 330 | | (2) that confers a general benefit on the entire |
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331 | 331 | | district or a special benefit on a definable part of the district. |
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332 | 332 | | Sec. 3995.0406. PROPERTY EXEMPT FROM IMPACT FEES. The |
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333 | 333 | | district may not impose an impact fee on a residential property, |
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334 | 334 | | including a multiunit residential property, or a condominium. |
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335 | 335 | | Sec. 3995.0407. PROPERTY OF CERTAIN UTILITIES EXEMPT FROM |
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336 | 336 | | ASSESSMENTS AND FEES. The district may not impose an assessment, |
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337 | 337 | | impact fee, or standby fee on the property, including the |
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338 | 338 | | equipment, rights-of-way, easements, facilities, or improvements, |
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339 | 339 | | of: |
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340 | 340 | | (1) an electric utility or a power generation company |
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341 | 341 | | as defined by Section 31.002, Utilities Code; |
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342 | 342 | | (2) a gas utility, as defined by Section 101.003 or |
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343 | 343 | | 121.001, Utilities Code, or a person who owns pipelines used for the |
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344 | 344 | | transportation or sale of oil or gas or a product or constituent of |
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345 | 345 | | oil or gas; |
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346 | 346 | | (3) a person who owns pipelines used for the |
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347 | 347 | | transportation or sale of carbon dioxide; |
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348 | 348 | | (4) a telecommunications provider as defined by |
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349 | 349 | | Section 51.002, Utilities Code; or |
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350 | 350 | | (5) a cable service provider or video service provider |
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351 | 351 | | as defined by Section 66.002, Utilities Code. |
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352 | 352 | | SUBCHAPTER E. ASSESSMENTS |
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353 | 353 | | Sec. 3995.0501. PETITION REQUIRED FOR FINANCING SERVICES |
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354 | 354 | | AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance |
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355 | 355 | | a service or improvement project with assessments under this |
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356 | 356 | | chapter unless a written petition requesting that service or |
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357 | 357 | | improvement has been filed with the board. |
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358 | 358 | | (b) A petition filed under Subsection (a) must be signed by |
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359 | 359 | | the owners of a majority of the assessed value of real property in |
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360 | 360 | | the district subject to assessment according to the most recent |
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361 | 361 | | certified tax appraisal roll for the county. |
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362 | 362 | | Sec. 3995.0502. ASSESSMENTS; LIENS FOR ASSESSMENTS. |
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363 | 363 | | (a) The board by resolution may impose and collect an assessment |
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364 | 364 | | for any purpose authorized by this chapter in all or any part of the |
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365 | 365 | | district that is not a residential property, including a multiunit |
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366 | 366 | | residential property or a condominium. |
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367 | 367 | | (b) An assessment, a reassessment, or an assessment |
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368 | 368 | | resulting from an addition to or correction of the assessment roll |
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369 | 369 | | by the district, penalties and interest on an assessment or |
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370 | 370 | | reassessment, an expense of collection, and reasonable attorney's |
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371 | 371 | | fees incurred by the district: |
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372 | 372 | | (1) are a first and prior lien against the property |
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373 | 373 | | assessed; |
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374 | 374 | | (2) are superior to any other lien or claim other than |
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375 | 375 | | a lien or claim for county, school district, or municipal ad valorem |
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376 | 376 | | taxes; and |
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377 | 377 | | (3) are the personal liability of and a charge against |
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378 | 378 | | the owners of the property even if the owners are not named in the |
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379 | 379 | | assessment proceedings. |
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380 | 380 | | (c) The lien is effective from the date of the board's |
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381 | 381 | | resolution imposing the assessment until the date the assessment is |
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382 | 382 | | paid. The board may enforce the lien in the same manner that a |
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383 | 383 | | taxing unit, as that term is defined by Section 1.04, Tax Code, may |
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384 | 384 | | enforce an ad valorem tax lien against real property. |
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385 | 385 | | (d) The board may make a correction to or deletion from the |
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386 | 386 | | assessment roll that does not increase the amount of assessment of |
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387 | 387 | | any parcel of land without providing notice and holding a hearing in |
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388 | 388 | | the manner required for additional assessments. |
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389 | 389 | | Sec. 3995.0503. METHOD OF NOTICE FOR HEARING. The district |
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390 | 390 | | may mail the notice required by Section 375.115(c), Local |
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391 | 391 | | Government Code, by certified or first class United States mail. The board shall determine the method of notice. |
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392 | 392 | | SUBCHAPTER I. DISSOLUTION |
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393 | 393 | | Sec. 3995.0901. DISSOLUTION BY ORDINANCE. (a) A |
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394 | 394 | | municipality that includes territory of the district, in the |
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395 | 395 | | corporate boundaries or extraterritorial jurisdiction of the |
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396 | 396 | | municipality, by ordinance may dissolve the district. |
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397 | 397 | | (b) The municipality may not dissolve the district until the |
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398 | 398 | | district's outstanding debt or contractual obligations have been |
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399 | 399 | | repaid or discharged, or the municipality has affirmatively assumed |
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400 | 400 | | the obligation to pay the outstanding debt from municipal revenue. |
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401 | 401 | | (c) Section 375.263, Local Government Code, does not apply |
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402 | 402 | | to the district. |
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403 | 403 | | Sec. 3995.0902. COLLECTION OF ASSESSMENTS AND OTHER |
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404 | 404 | | REVENUE. (a) If the dissolved district has bonds or other |
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405 | 405 | | obligations outstanding secured by and payable from assessments or |
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406 | 406 | | other revenue, the municipality that dissolves the district shall |
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407 | 407 | | succeed to the rights and obligations of the district regarding |
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408 | 408 | | enforcement and collection of the assessments or other revenue. |
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409 | 409 | | (b) The municipality shall have and exercise all district |
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410 | 410 | | powers to enforce and collect the assessments or other revenue to |
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411 | 411 | | pay: |
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412 | 412 | | (1) the bonds or other obligations when due and |
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413 | 413 | | payable according to their terms; or |
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414 | 414 | | (2) special revenue or assessment bonds or other |
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415 | 415 | | obligations issued by the municipality to refund the outstanding |
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416 | 416 | | bonds or obligations. |
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417 | 417 | | Sec. 3995.0903. ASSUMPTION OF ASSETS AND LIABILITIES. |
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418 | 418 | | (a) If a municipality dissolves the district, the municipality |
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419 | 419 | | assumes, subject to the appropriation and availability of funds, |
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420 | 420 | | the obligations of the district, including any bonds or other debt |
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421 | 421 | | payable from assessments or other district revenue. |
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422 | 422 | | (b) If a municipality dissolves the district, the board |
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423 | 423 | | shall transfer ownership of all district property to the |
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424 | 424 | | municipality. |
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425 | 425 | | Sec. 3995.0904. DISSOLUTION BY PETITION. (a) Except as |
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426 | 426 | | limited by Section 375.264, Local Government Code, the board shall |
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427 | 427 | | dissolve the district on written petition filed with the board by |
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428 | 428 | | the owners of: |
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429 | 429 | | (1) 66 percent or more of the assessed value of the |
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430 | 430 | | property subject to assessment by the district based on the most |
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431 | 431 | | recent certified county property tax rolls; or |
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432 | 432 | | (2) 66 percent or more of the surface area of the |
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433 | 433 | | district, excluding roads, streets, highways, utility |
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434 | 434 | | rights-of-way, other public areas, and other property exempt from |
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435 | 435 | | assessment by the district according to the most recent certified |
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436 | 436 | | county property tax rolls. |
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437 | 437 | | (b) Section 375.262, Local Government Code, does not apply |
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438 | 438 | | to the district. |
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439 | 439 | | SECTION 2. The Northeast Houston Redevelopment District |
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440 | 440 | | initially includes all the territory contained in the following |
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441 | 441 | | area: |
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442 | 442 | | The Northeast Houston Redevelopment District is +/- 12,905 acres of |
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443 | 443 | | land situated east of US Hwy 59 North and north of Liberty Road |
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444 | 444 | | within the Municipal Limits of the City of Houston and Harris |
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445 | 445 | | County, Texas, and described as follows: |
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446 | 446 | | Beginning at intersection of west right-of-way (ROW) of Lockwood Dr |
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447 | 447 | | and centerline ROW of North Loop Fwy E; |
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448 | 448 | | Then generally west along centerline ROW of North Loop Fwy E to |
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449 | 449 | | centerline ROW of US Hwy 59 North; |
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450 | 450 | | Then north along centerline ROW of US Hwy 59 North to centerline of |
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451 | 451 | | Southern Pacific Railway; |
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452 | 452 | | Then north northeast along centerline of Southern Pacific Railway |
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453 | 453 | | to centerline ROW of E Crosstimbers St; |
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454 | 454 | | Then east along centerline ROW of E Crosstimbers St to centerline |
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455 | 455 | | ROW of Hirsch Rd; |
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456 | 456 | | Then north and north northeast along centerline ROW of Hirsch Rd to |
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457 | 457 | | centerline ROW of Van Zandt St; |
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458 | 458 | | Then east along centerline ROW of Van Zandt St to centerline ROW of |
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459 | 459 | | Homestead Rd; |
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460 | 460 | | Then north along centerline ROW of Homestead Rd to centerline of |
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461 | 461 | | drainage ditch P125-00-00 (Tributary 14.27 to Greens Bayou); |
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462 | 462 | | Then east, south and east along centerline of drainage ditch |
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463 | 463 | | P125-00-00 (Tributary 14.27 to Greens Bayou) to southwest corner of |
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464 | 464 | | 0.1525 acre lot (NORTHWOOD MANOR SEC 4 LT 1 BLK 43); |
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465 | 465 | | Then east and generally east southeast along south boundary of |
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466 | 466 | | NORTHWOOD MANOR SEC 4 LTS 1-9 BLK 43, LTS 1-11 BLK 54, and LTS 13-16 |
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467 | 467 | | BLK 53, and NORTHWOOD MANOR SEC 8 LTS 55-63 BLK 1 and LTS 191-206 BLK |
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468 | 468 | | 6 to southwest corner of 0.271 acre lot (NORTHWOOD MANOR SEC 8 LT |
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469 | 469 | | 191 BLK 6); |
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470 | 470 | | Then east along south boundary of said 0.271 acre lot and NORTHWOOD |
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471 | 471 | | MANOR SEC 8 to centerline ROW of N Wayside Dr and boundary line of |
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472 | 472 | | City of Houston Municipal Limits; |
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473 | 473 | | Then south along centerline ROW of N Wayside Dr and boundary line of |
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474 | 474 | | City of Houston Municipal Limits to a point west of southwest corner |
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475 | 475 | | of 233.2922 acre tract (ABST 119 J E BUNDICK TR 2C); |
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476 | 476 | | Then east to east ROW line of N Wayside Dr and along south boundary |
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477 | 477 | | of said 233.2922 acre tract, and 195.79 acre tract (ABST 119 J E |
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478 | 478 | | BUNDICK TRS 2B & 2D), and boundary line of City of Houston Municipal |
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479 | 479 | | Limits, to west boundary of 32.0224 acre tract (ABST 600 E NOLAND ML |
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480 | 480 | | (BSL&W) HOU TO ANCH TR R60); |
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481 | 481 | | Then southwest along west boundary of said 32.0224 acre tract to |
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482 | 482 | | north ROW of Little York Rd; |
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483 | 483 | | Then east along north ROW of Little York Rd across 32.0224 acre |
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484 | 484 | | tract to east boundary of said tract; |
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485 | 485 | | Then northeast along east boundary of said 32.0224 acre tract to |
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486 | 486 | | boundary line of City of Houston Municipals Limits and southwest |
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487 | 487 | | corner of 6.8196 acre tract (ABST 119 J E BUNDICK TR 2E); |
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488 | 488 | | Then east along south boundary of said 6.8196 acre tract, and along |
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489 | 489 | | boundary line of City of Houston Municipals Limits, across ROW of |
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490 | 490 | | Mesa Dr, and along north boundary of 32.42 acre tract (TRAYLOR FIELD |
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491 | 491 | | SEC 1 RES A BLK 1), and 71.6700 acre tract (ABST 600 E NOLAND TR 39K) |
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492 | 492 | | to northeast corner of said 71.6700 acre tract; |
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493 | 493 | | Then south along east boundary of said 71.6700 acre tract and |
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494 | 494 | | boundary line of City of Houston Municipal Limits, and east |
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495 | 495 | | boundary of 192.9761 acre tract (ABST 600 E NOLAND TRS 39 & 39E), |
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496 | 496 | | and 31.03 acre tract (ABST 600 E NOLAND TR 39J), and 7.3476 acre |
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497 | 497 | | tract (ABST 600 E NOLAND TRS 39B & 39C), and 1.375 acre tract (ABST |
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498 | 498 | | 600 E NOLAND TRS 21A & 22A), and 6.435 acre tract (OAKLAND ACRES TR A |
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499 | 499 | | (NM)), and 48.0056 acre tract (MESA DRIVE CROSSING RES A BLK 1) to |
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500 | 500 | | southeast corner of said 48.0056 acre tract; |
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501 | 501 | | Then west along south boundary of said 48.0056 acre tract to east |
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502 | 502 | | boundary of KENTSHIRE PLACE SEC 3 Subdivision; |
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503 | 503 | | Then south along east boundary of KENTSHIRE PLACE SEC 1-3 |
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504 | 504 | | Subdivision to centerline ROW of Caddo St; |
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505 | 505 | | Then west along centerline ROW of Caddo St to centerline ROW of |
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506 | 506 | | Thorn St; |
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507 | 507 | | Then south along centerline ROW of Thorn St to centerline ROW of |
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508 | 508 | | Sterlingshire Rd; |
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509 | 509 | | Then west along centerline ROW of Sterlingshire Rd to centerline |
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510 | 510 | | ROW of Balsam Rd; |
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511 | 511 | | Then south along centerline ROW of Balsam Rd to centerline ROW of |
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512 | 512 | | Tidwell Rd; |
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513 | 513 | | Then west along centerline ROW of Tidwell Rd to centerline ROW of |
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514 | 514 | | Mesa Rd; |
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515 | 515 | | Then south along centerline ROW of Mesa Rd to north boundary of |
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516 | 516 | | Southern Pacific Rail Easement; |
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517 | 517 | | Then west southwest along north boundary of Southern Pacific Rail |
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518 | 518 | | Easement to a point south of west ROW line of Majestic St; |
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519 | 519 | | Then north along west ROW line of Majestic St to a point west of |
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520 | 520 | | southwest corner of 0.124 acre tract (LIBERTY GARDENS SEC 1 TR 181 |
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521 | 521 | | BLK 10); |
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522 | 522 | | Then east across ROW of Majestic St and along south boundary of said |
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523 | 523 | | 0.124 acre tract and south boundary of 0.5159 acre tract (LIBERTY |
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524 | 524 | | GARDENS SEC 1 TRS 181B THRU 185B BLK 10) to southeast corner of said |
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525 | 525 | | 0.5159 acre tract and coincident west boundary of 9.9226 acre tract |
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526 | 526 | | (ABST 32 HARRIS & WILSON TR 1Y); |
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527 | 527 | | Then north along west boundary of said 9.9226 acre tract, and |
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528 | 528 | | 7.46000 acre tract (ABST 32 HARRIS & WILSON TR 1), and 4.8780 acre |
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529 | 529 | | tract (ABST 32 HARRIS & WILSON TR 62C) to south boundary of 0.6359 |
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530 | 530 | | acre tract (ABST 32 HARRIS & WILSON LT 207 & TRS 205 & 206 BLK 11 & TR |
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531 | 531 | | 62); |
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532 | 532 | | Then west, north and west along boundary line of said 0.6359 acre |
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533 | 533 | | tract, across ROW of Majestic St to west ROW; |
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534 | 534 | | Then north along west ROW of Majestic St to a point west of |
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535 | 535 | | northwest corner of 0.7779 acre tract (LIBERTY GARDENS SEC 1 LTS 209 & |
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536 | 536 | | 210 & TR 208 BLK 12); |
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537 | 537 | | Then east across ROW of Majestic St and along north boundary of said |
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538 | 538 | | 0.779 acre tract to northeast corner of said tract and west ROW of |
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539 | 539 | | Blaffer St; |
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540 | 540 | | Then north along west ROW of Blaffer St to southeast corner of |
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541 | 541 | | 18.0091 acre tract (CONSOLIDATED FREIGHTWAYS HOUSTON RES A BLK 1); |
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542 | 542 | | Then west along south boundary of said 18.0091 acre tract, and |
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543 | 543 | | 11.5346 acre tract (ABST 32 HARRIS & WILSON TR 4) to west ROW of |
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544 | 544 | | Dabney St; |
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545 | 545 | | Then north along west ROW of Dabney St to northeast corner 0.1657 |
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546 | 546 | | acre lot (STANNARD PLACE LT 25 BLK 1); |
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547 | 547 | | Then west along north boundary of said lot and STANNARD PLACE LTS |
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548 | 548 | | 24-14 BLK 1 to northwest corner of 0.168 acre lot (STANNARD PLACE LT |
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549 | 549 | | 14 BLK 1) and east ROW of Hoffman St; |
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550 | 550 | | Then south along east ROW of Hoffman St to south ROW of Minden St; |
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551 | 551 | | Then west along south ROW of Minden to west ROW of Lockwood Dr; |
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552 | 552 | | Then north along west ROW of Lockwood Dr to centerline of North Loop |
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553 | 553 | | Fwy E and beginning of +/- 12,905 acre tract. |
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554 | 554 | | Save and Except Harris County MUD 439. |
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555 | 555 | | Save and Except ABST 600 E NOLAND ML (BSL&W) HOU TO ANCH TR R60. |
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556 | 556 | | Save and Except +/- 26.688 acre tract situated southeast of |
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557 | 557 | | intersection of Feland St and Woodlyn Rd and consisting of Oaks of |
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558 | 558 | | Lakewood Village Section 1-2 with beginning point being east ROW |
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559 | 559 | | line of Feland St and northwest corner of 3.0045 acre tract (OAKS OF |
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560 | 560 | | LAKEWOOD VILLAGE SEC 1 (DETENTION) RES A); |
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561 | 561 | | Then east along north boundary of said 3.0045 acre tract, and OAKS |
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562 | 562 | | OF LAKEWOOD VILLAGE SEC 1 to northeast corner of 0.2361 acre lot |
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563 | 563 | | (OAKS OF LAKEWOOD VILLAGE SEC 1 LT 36 BLK 1); |
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564 | 564 | | Then south along east boundary of said 0.2361 acre lot, and OAKS OF |
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565 | 565 | | LAKEWOOD VILLAGE SEC 1-2 to southeast corner of 0.2849 acre lot |
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566 | 566 | | (OAKS OF LAKEWOOD VILLAGE SEC 2 LT 30 BLK 1); |
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567 | 567 | | Then generally west along south boundary of said 0.2849 acre lot, |
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568 | 568 | | and OAKS OF LAKEWOOD VILLAGE SEC 2 to southwest corner of 0.1779 |
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569 | 569 | | acre lot (OAKS OF LAKEWOOD VILLAGE SEC 2 LT 46 BLK 1) and east ROW |
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570 | 570 | | line of Feland St; |
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571 | 571 | | Then north along east ROW line of Feland St to northwest corner of |
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572 | 572 | | 3.0045 acre tract (OAKS OF LAKEWOOD VILLAGE SEC 1 (DETENTION) RES A) |
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573 | 573 | | and point of beginning of Save and Except +/- 26.688 acre tract. |
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574 | 574 | | Save and Except 1.8095 acre tract (TR 4C BLK 9 HOUSTON GARDENS); |
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575 | 575 | | Save and Except 2.585 acre tract (LT 5 BLK 9 HOUSTON GARDENS); |
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576 | 576 | | Save and Except 0.1612 acre tract (LT 104 BLK 10 TOWNLEY PLACE); |
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577 | 577 | | Save and Except 0.1612 acre tract (LT 107 BLK 10 TOWNLEY PLACE); |
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578 | 578 | | Save and Except 0.1612 acre tract (LT 108 BLK 10 TOWNLEY PLACE); |
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579 | 579 | | Save and Except 0.1612 acre tract (LT 109 BLK 10 TOWNLEY PLACE); |
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580 | 580 | | Save and Except 0.1612 acre tract (LT 110 BLK 10 TOWNLEY PLACE); |
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581 | 581 | | Save and Except 0.1612 acre tract (LT 121 BLK 10 TOWNLEY PLACE); |
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582 | 582 | | Save and Except 0.1612 acre tract (LT 122 BLK 10 TOWNLEY PLACE); |
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583 | 583 | | Save and Except 0.3223 acre tract (LTS 123 & 124 BLK 10 TOWNLEY |
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584 | 584 | | PLACE); |
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585 | 585 | | Save and Except 0.1612 acre tract (LT 125 BLK 10 TOWNLEY PLACE); |
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586 | 586 | | SECTION 3. (a) The legal notice of the intention to |
---|
587 | 587 | | introduce this Act, setting forth the general substance of this |
---|
588 | 588 | | Act, has been published as provided by law, and the notice and a |
---|
589 | 589 | | copy of this Act have been furnished to all persons, agencies, |
---|
590 | 590 | | officials, or entities to which they are required to be furnished |
---|
591 | 591 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
---|
592 | 592 | | Government Code. |
---|
593 | 593 | | (b) The governor, one of the required recipients, has |
---|
594 | 594 | | submitted the notice and Act to the Texas Commission on |
---|
595 | 595 | | Environmental Quality. |
---|
596 | 596 | | (c) The Texas Commission on Environmental Quality has filed |
---|
597 | 597 | | its recommendations relating to this Act with the governor, |
---|
598 | 598 | | lieutenant governor, and speaker of the house of representatives |
---|
599 | 599 | | within the required time. |
---|
600 | 600 | | (d) All requirements of the constitution and laws of this |
---|
601 | 601 | | state and the rules and procedures of the legislature with respect |
---|
602 | 602 | | to the notice, introduction, and passage of this Act have been |
---|
603 | 603 | | fulfilled and accomplished. |
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604 | 604 | | SECTION 4. This Act takes effect immediately if it receives |
---|
605 | 605 | | a vote of two-thirds of all the members elected to each house, as |
---|
606 | 606 | | provided by Section 39, Article III, Texas Constitution. If this |
---|
607 | 607 | | Act does not receive the vote necessary for immediate effect, this |
---|
608 | 608 | | Act takes effect September 1, 2023. |
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609 | 609 | | |
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610 | 610 | | Pos. No. Name of Director |
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611 | 611 | | |
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612 | 612 | | 1 ____________________ |
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613 | 613 | | |
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614 | 614 | | 2 ____________________ |
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615 | 615 | | |
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616 | 616 | | 3 ____________________ |
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617 | 617 | | |
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618 | 618 | | 4 ____________________ |
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619 | 619 | | |
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620 | 620 | | 5 ____________________ |
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621 | 621 | | |
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622 | 622 | | 6 ____________________ |
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623 | 623 | | |
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624 | 624 | | 7 ____________________ |
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625 | 625 | | |
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626 | 626 | | 8 ____________________ |
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627 | 627 | | |
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628 | 628 | | 9 ____________________ |
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629 | 629 | | |
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630 | 630 | | 10 ____________________ |
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631 | 631 | | |
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632 | 632 | | 11 ____________________ |
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633 | 633 | | |
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634 | 634 | | 12 ____________________ |
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635 | 635 | | |
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636 | 636 | | 13 ____________________ |
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