Bill Text: TX HB4344 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of Harris County Improvement District No. 27; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2017-06-02 - Recommendations filed with the Speaker [HB4344 Detail]
Download: Texas-2017-HB4344-Introduced.html
Bill Title: Relating to the creation of Harris County Improvement District No. 27; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2017-06-02 - Recommendations filed with the Speaker [HB4344 Detail]
Download: Texas-2017-HB4344-Introduced.html
85R26460 JXC-F | ||
By: Huberty | H.B. No. 4344 |
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relating to the creation of Harris County Improvement District No. | ||||||
27; providing authority to issue bonds; providing authority to | ||||||
impose assessments, fees, and taxes. | ||||||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||||||
SECTION 1. Subtitle C, Title 4, Special District Local Laws | ||||||
Code, is amended by adding Chapter 3793 to read as follows: | ||||||
CHAPTER 3793. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 27 | ||||||
SUBCHAPTER A. GENERAL PROVISIONS | ||||||
Sec. 3793.001. DEFINITIONS. In this chapter: | ||||||
(1) "Board" means the district's board of directors. | ||||||
(2) "City" means the City of Houston. | ||||||
(3) "County" means Harris County. | ||||||
(4) "Director" means a board member. | ||||||
(5) "District" means the Harris County Improvement | ||||||
District No. 27. | ||||||
Sec. 3793.002. CREATION AND NATURE OF DISTRICT. The | ||||||
district is a special district created under Section 59, Article | ||||||
XVI, Texas Constitution. | ||||||
Sec. 3793.003. PURPOSE; DECLARATION OF INTENT. (a) The | ||||||
creation of the district is essential to accomplish the purposes of | ||||||
Sections 52 and 52-a, Article III, and Section 59, Article XVI, | ||||||
Texas Constitution, and other public purposes stated in this | ||||||
chapter. By creating the district and in authorizing the city, the | ||||||
county, and other political subdivisions to contract with the | ||||||
district, the legislature has established a program to accomplish | ||||||
the public purposes set out in Section 52-a, Article III, Texas | ||||||
Constitution. | ||||||
(b) The creation of the district is necessary to promote, | ||||||
develop, encourage, and maintain employment, commerce, | ||||||
transportation, housing, tourism, recreation, the arts, | ||||||
entertainment, economic development, safety, and the public | ||||||
welfare in the district. | ||||||
(c) This chapter and the creation of the district may not be | ||||||
interpreted to relieve the city or the county from providing the | ||||||
level of services provided as of the effective date of the Act | ||||||
enacting this chapter to the area in the district. The district is | ||||||
created to supplement and not to supplant city or county services | ||||||
provided in the district. | ||||||
Sec. 3793.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | ||||||
The district is created to serve a public use and benefit. | ||||||
(b) All land and other property included in the district | ||||||
will benefit from the improvements and services to be provided by | ||||||
the district under powers conferred by Sections 52 and 52-a, | ||||||
Article III, and Section 59, Article XVI, Texas Constitution, and | ||||||
other powers granted under this chapter. | ||||||
(c) The creation of the district is in the public interest | ||||||
and is essential to further the public purposes of: | ||||||
(1) developing and diversifying the economy of the | ||||||
state; | ||||||
(2) eliminating unemployment and underemployment; and | ||||||
(3) developing or expanding transportation and | ||||||
commerce. | ||||||
(d) The district will: | ||||||
(1) promote the health, safety, and general welfare of | ||||||
residents, employers, potential employees, employees, visitors, | ||||||
and consumers in the district, and of the public; | ||||||
(2) provide needed funding for the district to | ||||||
preserve, maintain, and enhance the economic health and vitality of | ||||||
the district territory as a community and business center; | ||||||
(3) promote the health, safety, welfare, and enjoyment | ||||||
of the public by providing pedestrian ways and by landscaping and | ||||||
developing certain areas in the district, which are necessary for | ||||||
the restoration, preservation, and enhancement of scenic beauty; | ||||||
and | ||||||
(4) provide for water, wastewater, drainage, road, and | ||||||
recreational facilities for the district. | ||||||
(e) Pedestrian ways along or across a street, whether at | ||||||
grade or above or below the surface, street lighting, street | ||||||
landscaping, parking, and street art objects are parts of and | ||||||
necessary components of a street and are considered to be a street | ||||||
or road improvement. | ||||||
(f) The district will not act as the agent or | ||||||
instrumentality of any private interest even though the district | ||||||
will benefit many private interests as well as the public. | ||||||
Sec. 3793.005. INITIAL DISTRICT TERRITORY. (a) The | ||||||
district is initially composed of the territory described by | ||||||
Section 2 of the Act enacting this chapter. | ||||||
(b) The boundaries and field notes contained in Section 2 of | ||||||
the Act enacting this chapter form a closure. A mistake in the | ||||||
field notes or in copying the field notes in the legislative process | ||||||
does not affect the district's: | ||||||
(1) organization, existence, or validity; | ||||||
(2) right to issue any type of bonds for the purposes | ||||||
for which the district is created or to pay the principal of and | ||||||
interest on the bonds; | ||||||
(3) right to impose or collect an assessment or tax; or | ||||||
(4) legality or operation. | ||||||
Sec. 3793.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. | ||||||
All or any part of the area of the district is eligible to be | ||||||
included in: | ||||||
(1) a tax increment reinvestment zone created under | ||||||
Chapter 311, Tax Code; | ||||||
(2) a tax abatement reinvestment zone created under | ||||||
Chapter 312, Tax Code; | ||||||
(3) an enterprise zone created under Chapter 2303, | ||||||
Government Code; | ||||||
(4) an industrial district created under Chapter 42, | ||||||
Local Government Code; or | ||||||
(5) a public improvement district created under | ||||||
Chapter 372, Local Government Code. | ||||||
Sec. 3793.007. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||||||
DISTRICTS LAW. Except as otherwise provided by this chapter, | ||||||
Chapter 375, Local Government Code, applies to the district. | ||||||
Sec. 3793.008. CONSTRUCTION OF CHAPTER. This chapter shall | ||||||
be liberally construed in conformity with the findings and purposes | ||||||
stated in this chapter. | ||||||
SUBCHAPTER B. BOARD OF DIRECTORS | ||||||
Sec. 3793.051. GOVERNING BODY; TERMS. (a) The district is | ||||||
governed by a board of five voting directors who serve staggered | ||||||
terms of four years, with two or three directors' terms expiring | ||||||
June 1 of each odd-numbered year. | ||||||
(b) The board by resolution may change the number of voting | ||||||
directors on the board only if the board determines that the change | ||||||
is in the best interest of the district. The board may not consist | ||||||
of fewer than five or more than 15 voting directors. | ||||||
(c) Section 49.052, Water Code, does not apply to the | ||||||
directors. | ||||||
Sec. 3793.052. APPOINTMENT OF VOTING DIRECTORS. The Texas | ||||||
Commission on Environmental Quality shall appoint voting directors | ||||||
from persons recommended by the board. | ||||||
Sec. 3793.053. NONVOTING DIRECTORS. The board may appoint | ||||||
nonvoting directors to serve at the pleasure of the voting | ||||||
directors. | ||||||
Sec. 3793.054. QUORUM. For purposes of determining the | ||||||
requirements for a quorum of the board, the following are not | ||||||
counted: | ||||||
(1) a board position vacant for any reason, including | ||||||
death, resignation, or disqualification; | ||||||
(2) a director who is abstaining from participation in | ||||||
a vote because of a conflict of interest; or | ||||||
(3) a nonvoting director. | ||||||
Sec. 3793.055. COMPENSATION. A director is entitled to | ||||||
receive fees of office and reimbursement for actual expenses as | ||||||
provided by Section 49.060, Water Code. Sections 375.069 and | ||||||
375.070, Local Government Code, do not apply to the board. | ||||||
Sec. 3793.056. INITIAL VOTING DIRECTORS. (a) The initial | ||||||
board consists of: | ||||||
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(b) Of the initial directors, the terms of directors | ||||||
appointed for positions one through three expire June 1, 2019, and | ||||||
the terms of directors appointed for positions four and five expire | ||||||
June 1, 2021. | ||||||
(c) Section 3793.052 does not apply to this section. | ||||||
(d) This section expires September 1, 2021. | ||||||
SUBCHAPTER C. POWERS AND DUTIES | ||||||
Sec. 3793.101. GENERAL POWERS AND DUTIES. The district has | ||||||
the powers and duties necessary to accomplish the purposes for | ||||||
which the district is created. | ||||||
Sec. 3793.102. IMPROVEMENT PROJECTS AND SERVICES. The | ||||||
district may provide, design, construct, acquire, improve, | ||||||
relocate, operate, maintain, or finance an improvement project or | ||||||
service using any money available to the district, or contract with | ||||||
a governmental or private entity to provide, design, construct, | ||||||
acquire, improve, relocate, operate, maintain, or finance an | ||||||
improvement project or service authorized under this chapter or | ||||||
Chapter 375, Local Government Code. | ||||||
Sec. 3793.103. DEVELOPMENT CORPORATION POWERS. The | ||||||
district, using money available to the district, may exercise the | ||||||
powers given to a development corporation under Chapter 505, Local | ||||||
Government Code, including the power to own, operate, acquire, | ||||||
construct, lease, improve, or maintain a project under that | ||||||
chapter. | ||||||
Sec. 3793.104. NONPROFIT CORPORATION. (a) The board by | ||||||
resolution may authorize the creation of a nonprofit corporation to | ||||||
assist and act for the district in implementing a project or | ||||||
providing a service authorized by this chapter. | ||||||
(b) The nonprofit corporation: | ||||||
(1) has each power of and is considered to be a local | ||||||
government corporation created under Subchapter D, Chapter 431, | ||||||
Transportation Code; and | ||||||
(2) may implement any project and provide any service | ||||||
authorized by this chapter. | ||||||
(c) The board shall appoint the board of directors of the | ||||||
nonprofit corporation. The board of directors of the nonprofit | ||||||
corporation shall serve in the same manner as the board of directors | ||||||
of a local government corporation created under Subchapter D, | ||||||
Chapter 431, Transportation Code, except that a board member is not | ||||||
required to reside in the district. | ||||||
Sec. 3793.105. PUBLIC FACILITY CORPORATIONS. As provided | ||||||
by Chapter 303, Local Government Code, the board by resolution may | ||||||
authorize the creation of a public facility corporation in the | ||||||
district to finance or to provide for the acquisition, | ||||||
construction, rehabilitation, renovation, repair, equipping, | ||||||
furnishing, or placement in service of public facilities in an | ||||||
orderly, planned manner and at the lowest possible borrowing costs. | ||||||
Sec. 3793.106. AGREEMENTS; GRANTS. (a) As provided by | ||||||
Chapter 375, Local Government Code, the district may make an | ||||||
agreement with or accept a gift, grant, or loan from any person. | ||||||
(b) The implementation of a project is a governmental | ||||||
function or service for the purposes of Chapter 791, Government | ||||||
Code. | ||||||
Sec. 3793.107. LAW ENFORCEMENT SERVICES. To protect the | ||||||
public interest, the district may contract with a qualified party, | ||||||
including the county or the city, to provide law enforcement | ||||||
services in the district for a fee. | ||||||
Sec. 3793.108. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The | ||||||
district may join and pay dues to a charitable or nonprofit | ||||||
organization that performs a service or provides an activity | ||||||
consistent with the furtherance of a district purpose. | ||||||
Sec. 3793.109. ECONOMIC DEVELOPMENT. (a) The district may | ||||||
engage in activities that accomplish the economic development | ||||||
purposes of the district. | ||||||
(b) The district may establish and provide for the | ||||||
administration of one or more programs to promote state or local | ||||||
economic development and to stimulate business and commercial | ||||||
activity in the district, including programs to: | ||||||
(1) make loans and grants of public money; and | ||||||
(2) provide district personnel and services. | ||||||
(c) The district may create economic development programs | ||||||
and exercise the economic development powers provided to | ||||||
municipalities by: | ||||||
(1) Chapter 380, Local Government Code; and | ||||||
(2) Subchapter A, Chapter 1509, Government Code. | ||||||
Sec. 3793.110. PARKING FACILITIES. (a) The district may | ||||||
acquire, lease as lessor or lessee, construct, develop, own, | ||||||
operate, and maintain parking facilities or a system of parking | ||||||
facilities, including lots, garages, parking terminals, or other | ||||||
structures or accommodations for parking motor vehicles off the | ||||||
streets and related appurtenances. | ||||||
(b) The district's parking facilities serve the public | ||||||
purposes of the district and are owned, used, and held for a public | ||||||
purpose even if leased or operated by a private entity for a term of | ||||||
years. | ||||||
(c) The district's parking facilities are part of and | ||||||
necessary components of a street and are considered to be a street | ||||||
or road improvement. | ||||||
(d) The development and operation of the district's parking | ||||||
facilities may be considered an economic development program. | ||||||
Sec. 3793.111. ANNEXATION OR EXCLUSION OF LAND. (a) The | ||||||
district may annex land as provided by Subchapter J, Chapter 49, | ||||||
Water Code. | ||||||
(b) The district may exclude land as provided by Subchapter | ||||||
J, Chapter 49, Water Code. Section 375.044(b), Local Government | ||||||
Code, does not apply to the district. | ||||||
Sec. 3793.112. PUBLIC IMPROVEMENT DISTRICT POWERS. The | ||||||
district has the powers provided by Chapter 372, Local Government | ||||||
Code, to a municipality or county. | ||||||
Sec. 3793.113. ROAD UTILITY DISTRICT POWERS. The district | ||||||
has the powers provided by the general laws relating to road utility | ||||||
districts created under Section 52(b), Article III, Texas | ||||||
Constitution, including Chapter 441, Transportation Code. | ||||||
Sec. 3793.114. CONDUIT FACILITIES. (a) The district may | ||||||
finance, acquire, construct, improve, operate, maintain, or charge | ||||||
a fee for the use of district conduits for: | ||||||
(1) fiber-optic cable and supporting facilities; | ||||||
(2) electronic transmission lines and supporting | ||||||
facilities; or | ||||||
(3) other types of transmission lines and supporting | ||||||
facilities. | ||||||
(b) The district may not require a person to use a district | ||||||
conduit. | ||||||
Sec. 3793.115. STRATEGIC PARTNERSHIP AGREEMENT. The | ||||||
district may negotiate and enter into a written strategic | ||||||
partnership agreement under Section 43.0751, Local Government | ||||||
Code, with a municipality in whose extraterritorial jurisdiction | ||||||
the district is located. | ||||||
Sec. 3793.116. NO EMINENT DOMAIN POWER. The district may | ||||||
not exercise the power of eminent domain. | ||||||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS | ||||||
Sec. 3793.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The | ||||||
board by resolution shall establish the number of directors' | ||||||
signatures and the procedure required for a disbursement or | ||||||
transfer of district money. | ||||||
Sec. 3793.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. | ||||||
The district may acquire, construct, finance, operate, or maintain | ||||||
any improvement or service authorized under this chapter or Chapter | ||||||
375, Local Government Code, using any money available to the | ||||||
district. | ||||||
Sec. 3793.153. PETITION REQUIRED FOR FINANCING SERVICES AND | ||||||
IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a | ||||||
service or improvement project with assessments under this chapter | ||||||
unless a written petition requesting that service or improvement | ||||||
has been filed with the board. | ||||||
(b) A petition filed under Subsection (a) must be signed by | ||||||
the owners of a majority of the assessed value of real property in | ||||||
the district subject to assessment according to the most recent | ||||||
certified tax appraisal roll for the county. | ||||||
Sec. 3793.154. METHOD OF NOTICE FOR HEARING. The district | ||||||
may mail the notice required by Section 375.115(c), Local | ||||||
Government Code, by certified or first class United States mail. | ||||||
The board shall determine the method of notice. | ||||||
Sec. 3793.155. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) | ||||||
The board by resolution may impose and collect an assessment for any | ||||||
purpose authorized by this chapter in all or part of the district. | ||||||
(b) An assessment, a reassessment, or an assessment | ||||||
resulting from an addition to or correction of the assessment roll | ||||||
by the district, penalties and interest on an assessment or | ||||||
reassessment, an expense of collection, and reasonable attorney's | ||||||
fees incurred by the district: | ||||||
(1) are a first and prior lien against the property | ||||||
assessed; | ||||||
(2) are superior to any other lien or claim other than | ||||||
a lien or claim for county, school district, or municipal ad valorem | ||||||
taxes; and | ||||||
(3) are the personal liability of and a charge against | ||||||
the owners of the property even if the owners are not named in the | ||||||
assessment proceedings. | ||||||
(c) The lien is effective from the date of the board's | ||||||
resolution imposing the assessment until the date the assessment is | ||||||
paid. The board may enforce the lien in the same manner that the | ||||||
board may enforce an ad valorem tax lien against real property. | ||||||
(d) The board may make a correction to or deletion from the | ||||||
assessment roll that does not increase the amount of assessment of | ||||||
any parcel of land without providing notice and holding a hearing in | ||||||
the manner required for additional assessments. | ||||||
Sec. 3793.156. RESIDENTIAL PROPERTY NOT EXEMPT. Section | ||||||
375.161, Local Government Code, does not apply to the district. | ||||||
Sec. 3793.157. COMPETITIVE BIDDING. Subchapter I, Chapter | ||||||
49, Water Code, applies to the district. Sections 375.221 and | ||||||
375.223, Local Government Code, do not apply to the district. | ||||||
Sec. 3793.158. TAX AND ASSESSMENT ABATEMENTS. The district | ||||||
may designate reinvestment zones and may grant abatements of a tax | ||||||
or assessment on property in the zones in the manner provided by | ||||||
Chapter 312, Tax Code. | ||||||
SUBCHAPTER E. TAXES AND BONDS | ||||||
Sec. 3793.201. ELECTIONS REGARDING TAXES AND BONDS. (a) | ||||||
The district may issue, without an election, bonds, notes, and | ||||||
other obligations secured by: | ||||||
(1) revenue other than ad valorem taxes; or | ||||||
(2) contract payments described by Section 3793.203. | ||||||
(b) The district must hold an election in the manner | ||||||
provided by Subchapter L, Chapter 375, Local Government Code, to | ||||||
obtain voter approval before the district may impose an ad valorem | ||||||
tax or issue bonds payable from ad valorem taxes. | ||||||
(c) Section 375.243, Local Government Code, does not apply | ||||||
to the district. | ||||||
(d) All or any part of any facilities or improvements that | ||||||
may be acquired by a district by the issuance of its bonds may be | ||||||
submitted as a single proposition or as several propositions to be | ||||||
voted on at the election. | ||||||
Sec. 3793.202. OPERATION AND MAINTENANCE TAX. (a) If | ||||||
authorized by a majority of the district voters voting at an | ||||||
election held in accordance with Section 3793.201, the district may | ||||||
impose an operation and maintenance tax on taxable property in the | ||||||
district in accordance with Section 49.107, Water Code, for any | ||||||
district purpose, including to: | ||||||
(1) maintain and operate the district; | ||||||
(2) construct or acquire improvements; or | ||||||
(3) provide a service. | ||||||
(b) The board shall determine the tax rate. The rate may not | ||||||
exceed the rate approved at the election. | ||||||
(c) Section 49.107(h), Water Code, does not apply to the | ||||||
district. | ||||||
Sec. 3793.203. CONTRACT TAXES. (a) In accordance with | ||||||
Section 49.108, Water Code, the district may impose a tax other than | ||||||
an operation and maintenance tax and use the revenue derived from | ||||||
the tax to make payments under a contract after the provisions of | ||||||
the contract have been approved by a majority of the district voters | ||||||
voting at an election held for that purpose. | ||||||
(b) A contract approved by the district voters may contain a | ||||||
provision stating that the contract may be modified or amended by | ||||||
the board without further voter approval. | ||||||
Sec. 3793.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS | ||||||
AND OTHER OBLIGATIONS. (a) The district may borrow money on terms | ||||||
determined by the board. Section 375.205, Local Government Code, | ||||||
does not apply to a loan, line of credit, or other borrowing from a | ||||||
bank or financial institution secured by revenue other than ad | ||||||
valorem taxes. | ||||||
(b) The district may issue bonds, notes, or other | ||||||
obligations payable wholly or partly from ad valorem taxes, | ||||||
assessments, impact fees, revenue, contract payments, grants, or | ||||||
other district money, or any combination of those sources of money, | ||||||
to pay for any authorized district purpose. | ||||||
(c) The limitation on the outstanding principal amount of | ||||||
bonds, notes, and other obligations provided by Section 49.4645, | ||||||
Water Code, does not apply to the district. | ||||||
Sec. 3793.205. TAXES FOR BONDS. At the time the district | ||||||
issues bonds payable wholly or partly from ad valorem taxes, the | ||||||
board shall provide for the annual imposition of a continuing | ||||||
direct annual ad valorem tax, without limit as to rate or amount, | ||||||
for each year that all or part of the bonds are outstanding as | ||||||
required and in the manner provided by Sections 54.601 and 54.602, | ||||||
Water Code. | ||||||
SUBCHAPTER F. DEFINED AREAS | ||||||
Sec. 3793.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR | ||||||
DESIGNATED PROPERTY. The district may define areas or designate | ||||||
certain property of the district to pay for improvements, | ||||||
facilities, or services that primarily benefit that area or | ||||||
property and do not generally and directly benefit the district as a | ||||||
whole. | ||||||
Sec. 3793.252. PROCEDURE FOR ELECTION. (a) Before the | ||||||
district may impose an ad valorem tax or issue bonds payable from ad | ||||||
valorem taxes of the defined area or designated property, the board | ||||||
shall hold an election in the defined area or in the designated | ||||||
property only. | ||||||
(b) The board may submit the proposition to the voters on | ||||||
the same ballot to be used in another election. | ||||||
Sec. 3793.253. DECLARING RESULT AND ISSUING ORDER. (a) If | ||||||
a majority of the voters voting at the election approve the | ||||||
proposition or propositions, the board shall declare the results | ||||||
and, by order, shall establish the defined area and describe it by | ||||||
metes and bounds or designate the specific property. | ||||||
(b) A court may not review the board's order except on the | ||||||
ground of fraud, palpable error, or arbitrary and confiscatory | ||||||
abuse of discretion. | ||||||
Sec. 3793.254. TAXES FOR SERVICES, IMPROVEMENTS, AND | ||||||
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter | ||||||
approval and adoption of the order described by Section 3793.253, | ||||||
the district may apply separately, differently, equitably, and | ||||||
specifically its taxing power and lien authority to the defined | ||||||
area or designated property to provide money to construct, | ||||||
administer, maintain, and operate services, improvements, and | ||||||
facilities that primarily benefit the defined area or designated | ||||||
property. | ||||||
Sec. 3793.255. ISSUANCE OF BONDS FOR DEFINED AREA OR | ||||||
DESIGNATED PROPERTY. After the order under Section 3793.253 is | ||||||
adopted, the district may issue bonds to provide for any land, | ||||||
improvements, facilities, plants, equipment, and appliances for | ||||||
the defined area or designated property. | ||||||
SUBCHAPTER G. SALES AND USE TAX | ||||||
Sec. 3793.301. MEANINGS OF WORDS AND PHRASES. A word or | ||||||
phrase used in this subchapter that is defined by Chapters 151 and | ||||||
321, Tax Code, has the meaning assigned by Chapters 151 and 321, Tax | ||||||
Code. | ||||||
Sec. 3793.302. APPLICABILITY OF CERTAIN TAX CODE | ||||||
PROVISIONS. (a) Except as otherwise provided by this subchapter, | ||||||
Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code, | ||||||
apply to taxes imposed under this subchapter and to the | ||||||
administration and enforcement of those taxes in the same manner | ||||||
that those laws apply to state taxes. | ||||||
(b) Chapter 321, Tax Code, relating to municipal sales and | ||||||
use taxes, applies to the application, collection, change, and | ||||||
administration of a sales and use tax imposed under this subchapter | ||||||
to the extent consistent with this chapter, as if references in | ||||||
Chapter 321, Tax Code, to a municipality referred to the district | ||||||
and references to a governing body referred to the board. | ||||||
(c) Sections 321.106, 321.401, 321.402, 321.403, 321.404, | ||||||
321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not | ||||||
apply to a tax imposed under this subchapter. | ||||||
Sec. 3793.303. AUTHORIZATION; ELECTION. (a) The district | ||||||
may adopt a sales and use tax to serve the purposes of the district | ||||||
after an election in which a majority of the voters of the district | ||||||
voting in the election authorize the adoption of the tax. | ||||||
(b) The board by order may call an election to authorize a | ||||||
sales and use tax. The election may be held with any other district | ||||||
election. | ||||||
(c) The district shall provide notice of the election and | ||||||
shall hold the election in the manner prescribed by Section | ||||||
3793.201. | ||||||
(d) The ballots shall be printed to provide for voting for | ||||||
or against the proposition: "Authorization of a sales and use tax | ||||||
in the Harris County Improvement District No. 27 at a rate not to | ||||||
exceed ___ percent." | ||||||
Sec. 3793.304. ABOLISHING SALES AND USE TAX. (a) Except as | ||||||
provided by Subsection (b), the board may abolish the sales and use | ||||||
tax without an election. | ||||||
(b) The board may not abolish the sales and use tax if the | ||||||
district has outstanding debt secured by the tax. | ||||||
Sec. 3793.305. SALES AND USE TAX RATE. (a) On adoption of | ||||||
the tax authorized by this subchapter, a tax is imposed on the | ||||||
receipts from the sale at retail of taxable items in the district | ||||||
and an excise tax is imposed on the use, storage, or other | ||||||
consumption in the district of taxable items purchased, leased, or | ||||||
rented from a retailer in the district during the period that the | ||||||
tax is in effect. | ||||||
(b) The board shall determine the rate of the tax, which may | ||||||
be in one-eighth of one percent increments not to exceed the maximum | ||||||
rate authorized by the district voters at the election. The board | ||||||
may lower the tax rate to the extent the rate does not impair any | ||||||
outstanding debt or obligations payable from the tax. | ||||||
(c) The rate of the excise tax is the same as the rate of the | ||||||
sales tax portion of the tax and is applied to the sales price of the | ||||||
taxable item. | ||||||
SUBCHAPTER H. HOTEL OCCUPANCY TAXES | ||||||
Sec. 3793.351. HOTEL OCCUPANCY TAX. (a) In this section, | ||||||
"hotel" has the meaning assigned by Section 156.001, Tax Code. | ||||||
(b) For purposes of this section, a reference in Chapter | ||||||
351, Tax Code, to a municipality is a reference to the district and | ||||||
a reference in Chapter 351, Tax Code, to the municipality's | ||||||
officers or governing body is a reference to the board. | ||||||
(c) Except as inconsistent with this section, Subchapter A, | ||||||
Chapter 351, Tax Code, governs a hotel occupancy tax authorized by | ||||||
this section. | ||||||
(d) The district may impose a hotel occupancy tax and use | ||||||
the revenue from the tax for any district purpose that is an | ||||||
authorized use of hotel occupancy tax revenue under Chapter 351, | ||||||
Tax Code. | ||||||
(e) The board by order may impose, repeal, increase, or | ||||||
decrease the rate of a tax on a person who, under a lease, | ||||||
concession, permit, right of access, license, contract, or | ||||||
agreement, pays for the use or possession or for the right to the | ||||||
use or possession of a room that: | ||||||
(1) is in a hotel located in the district's boundaries; | ||||||
(2) costs $2 or more each day; and | ||||||
(3) is ordinarily used for sleeping. | ||||||
(f) The amount of the tax may not exceed seven percent of the | ||||||
price paid for a room in a hotel. | ||||||
(g) The district may examine and receive information | ||||||
related to the imposition of hotel occupancy taxes to the same | ||||||
extent as if the district were a municipality. | ||||||
SUBCHAPTER I. MUNICIPAL ANNEXATION AND DISSOLUTION | ||||||
Sec. 3793.401. MUNICIPAL ANNEXATION; DISSOLUTION. (a) The | ||||||
district is a "water or sewer district" under Section 43.071, Local | ||||||
Government Code. | ||||||
(b) Section 43.075, Local Government Code, applies to the | ||||||
district. | ||||||
(c) Section 375.264, Local Government Code, does not apply | ||||||
to the dissolution of the district by a municipality. | ||||||
SECTION 2. Harris County Improvement District No. 27 | ||||||
initially includes all territory contained in the following area: | ||||||
TRACT ONE: Fieldnotes for 28.8778 acres of land out of the Amos | ||||||
Barber Survey, Abstract No. 125 in Harris County, Texas, being out | ||||||
of and a part of that certain 28.2586 acre tract of land conveyed to | ||||||
Craig Nelson, Trustee, as described in deed recorded under County | ||||||
Clerk's File No. T275175 of the Real Property Records of Harris | ||||||
County, and all of that certain 16.2039 acre tract of land conveyed | ||||||
to Northwood North Venture, L.P ., and described as "Tract II" in | ||||||
deed recorded under County Clerk's File No. T951125 of the said | ||||||
Real Property Records, said 28.8778 acres of land being more | ||||||
particularly described by metes and bounds as follows: | ||||||
COMMENCING at a 1 1/4 inch steel pipe at the base of a 30 inch | ||||||
Cypress tree found in the West line of the said Amos Barber Survey, | ||||||
marking the Northeast corner of the Richard B. West Survey. | ||||||
Abstract No. 860, and the Southeast corner of the H.T. & B.R.R. | ||||||
Survey, Abstract No. 385, said point also being the Southeast | ||||||
corner of the residue of that certain 69.3518 acre tract of land | ||||||
conveyed to Westfield Properties, Inc., as described in deed | ||||||
recorded under County Clerk's File No. M751039 of the said Real | ||||||
Property Records, said point also being in the West line of that | ||||||
certain 4.0000 acre tract of land conveyed to Ricardo F de | ||||||
Ibarlucea, et al, as described in deed recorded under County | ||||||
Clerk's File No. M383506 of the said Real Property Records; | ||||||
Thence, North 33° 19' 42" West, 469.82 feet with the East line of the | ||||||
said 69.3518 acre tract and the said H.T. & B.R.R. Survey, and with | ||||||
the West line of the said 4.000 acre tract and the said Amos Barber | ||||||
Survey, and generally along a barbed wire fence line to a 5/8 inch | ||||||
steel rod found marking the Southwest corner and PLACE OF BEGINNING | ||||||
for the herein described tract of land, said point being the most | ||||||
Southerly or Southwest corner of the said 28.2586 acre tract, said | ||||||
point also being the Northwest corner of the said 4.0000 acre tract; | ||||||
Thence, continuing with the East line of the said 69.3518 acre tract | ||||||
and the said H.T.& B.R.R. Survey. And with the common West line of | ||||||
the said 28.2586 acre tract and the said Amos Barber Survey, and | ||||||
generally along a barbed wire fence line. North 33° 19' 42" West, | ||||||
971.92 feet to a 5/8 inch steel rod with cap set for the most | ||||||
Westerly or Northwest corner of the herein described tract, said | ||||||
point being the most Southerly or Southwest corner of that certain | ||||||
14.3 acre tract of land conveyed to Aldine Independent School | ||||||
District, as described in deed recorded under Clerk's File | ||||||
No. 20060195978 of Real Records; | ||||||
Thence, North 57° 58' 17" East, 771.54 Feet with the Southeast line | ||||||
of the said 14.3 acre tract to a 3/8 inch steel rod found at an angle | ||||||
point for the herein described tract, said point being the most | ||||||
Easterly or Southeast corner of the said 14.3 acre tract and the | ||||||
Northwest corner of the said 16.2039 acre tract, Northwood North | ||||||
Venture, L.P., as described in deed recorded under County Clerk's | ||||||
File No. 20060015817 of the said Real Property Records; | ||||||
Thence, North 79° 11' 19" East, 599.93 feet with the South line of | ||||||
the said 0.8253 acre tract and the North line of the said 16.2039 | ||||||
acre tract to a 3/8 inch steel rod found in the West line of Rayford | ||||||
Road, based on an 80 foot right-of-way-, marking the Northeast | ||||||
corner of the said 16.2039 acre tract and the herein described | ||||||
tract, said the Southeast corner of the said 0.8253 acre tract, said | ||||||
point also being in a non-tangent curve to the right having a radius | ||||||
of 20000.00 feet and a central angle of 00° 56' 33"; | ||||||
Thence, in a Southerly direction, with the West line of said Rayford | ||||||
Road and the East line of the said 16.2039 acre tract, and with the | ||||||
said curve to the right having a radius of 2000.00 feet (chord | ||||||
bearing South 11°18' 59" East, 32.90 feet an arc distance of 32.90 | ||||||
feet to a 5/8 inch steel rod set at a point of tangency; | ||||||
Thence, continuing with the West line of said Rayford Road and the | ||||||
East line of the said 16.2039 acre tract, South 10° 50' 43" East, | ||||||
428.57 feet to a 5/8 inch steel rod set at a point of curve to the | ||||||
right having a radius of I 120.00 feet and a central angle of 50°39' | ||||||
42"; | ||||||
Thence, continuing with the West line of said Rayford Road and the | ||||||
East line of the said 16.2039 acre tract, and with the said curve to | ||||||
the right having a radius of 1120.00 feet (chord bearing South 14° | ||||||
29 '08" West, 958.37 feet), an arc distance of 990.32 feet to a 5/8 | ||||||
inch steel rod set at a point of tangency; | ||||||
Thence, continuing with the Northwesterly line of said Rayford Road | ||||||
and the Southeasterly line of the said 16.2039 acre tract, South 39° | ||||||
48' 59" West, 125.77 feet to a 5/8 inch steel rod set at a point of | ||||||
curve to the left having a radius of 1180.00 feet and a central | ||||||
angle of 5°45' 53"; | ||||||
Thence, continuing with the Northwesterly line of said Rayford Road | ||||||
and the Southeasterly line of the said 16.2039 acre tract, and with | ||||||
the said curve to the left having a radius of 1180.00 feet (chord | ||||||
bearing South 36° 56' 02" West, 118.67 feet), an arc distance of | ||||||
118.72 feet to a 5/8 inch steel rod set for the most Southerly | ||||||
corner of the said 16.2039 acre tract and the herein described | ||||||
tract. said point also the Southeast corner of the aforesaid | ||||||
Ricardo F. de Ibarlucea, 4.0000 acre tract; | ||||||
Thence, North 11° 50' 34" West, 453.44 feet with the East line of the | ||||||
said 4.0000 acre tract and the West line of the said 16.2039 acre | ||||||
tract to a 5/8 inch steel rod found at an interior ell corner of the | ||||||
herein described tract, said point also being the Northeast corner | ||||||
of the said 4.0000 acre tract and the Southeast corner of the | ||||||
aforesaid 28.2586 acre tract; | ||||||
Thence, South 56°40' 34" West, 373.21 feet with the North line of the | ||||||
said 4.0000 acre tract and the South line of the said 28.2586 acre | ||||||
tract to the PLACE OF BEGINNING and containing 28.8778 acres or | ||||||
1.257.915 square feet of land, more or less. | ||||||
TRACT TWO: Fieldnotes for 0.1782 acre of land out of the Amos Barber | ||||||
Survey, Abstract No. 125 and the Richard B. West Survey, Abstract | ||||||
No. 860 in Harris County, Texas, being out of and a part of that | ||||||
certain 0.65 acre tract of land described in instrument recorded in | ||||||
Volume 3118, Page 422 of the Deed Records of Harris County, and | ||||||
being that same 0.1782 acre tract of land conveyed to Northwood | ||||||
North Venture, L.P., and described as "Tract III" in deed recorded | ||||||
under County Clerk's File No. T951125 of the Real Property Records | ||||||
of Harris County, said 0.1782 acre of land being more particularly | ||||||
described by metes and bounds as follows: | ||||||
COMMENCING at a 5/8 inch steel rod found in the called North line of | ||||||
the Amos Barber Survey marking the Northwest corner of Forest | ||||||
Shadows Subdivision, Section I, the map or plat of same being | ||||||
recorded in Volume 58, Page 54 of the Map Records of Harris County, | ||||||
said point also being the Northeast corner of that certain 83.156 | ||||||
acre tract of land described in instrument recorded in Volume 7263, | ||||||
Page 325 of the said Deed Records, and that certain 20.000 acre | ||||||
tract of land conveyed to the Aldine Independent School District | ||||||
and described as "Tract 2" in deed recorded under County Clerk's | ||||||
File No. D456846 of the said Real Property Records; | ||||||
Thence, South 32°05'03" East with the West line of Forest Shadows | ||||||
Subdivision, Sections 1, 2 and 3 and with the East line of the said | ||||||
83.156 acre tract and the said 20.000 acre tract, at 1501.54 feet | ||||||
passing a 5/8 inch steel rod set at the Northeast corner of that | ||||||
certain (called) 27.2585 acre tract of land conveyed to Northwood | ||||||
North Venture. L.P., and described as 'Tract I" in deed recorded | ||||||
under County Clerk's File No. T951125 of the said Real Property | ||||||
Records, said point also being the Southeast corner of the said | ||||||
20.000 acre tract, and continuing with the West line of said Forest | ||||||
Shadows Subdivision, Section 3, the map or plat of same being | ||||||
recorded in Volume 153, Page 123 of the said Map Records, the West | ||||||
line of Forest Shadows, Section 4, the map or plat of same being | ||||||
recorded in Volume 174, Page 115 of the said Map Records, and the | ||||||
East line of the said called 27.2585 acre tract in all, a total | ||||||
distance of 2327.58 feet to a 5/8 inch steel rod set for the | ||||||
Southeast corner of the said called 27 .2585 acre tract, said point | ||||||
also being the Northeast corner of that certain 7.549 acre tract of | ||||||
land conveyed to the Harris County Flood Control District, as | ||||||
described in deed recorded under County Clerk's File No. J175685 of | ||||||
the said Real Property Records; | ||||||
Thence, South 57° 26' 45" West 603.75 with the South line of the said | ||||||
called 27.2585 acre tract and with the North line of said 7.549 acre | ||||||
tract to a 5/8 inch steel rod set at an angle point; | ||||||
Thence, continuing with the South line of the said called 27.2585 | ||||||
acre tract and the North of the said 7.549 acre tract, South 66° 43' | ||||||
00" West, 900.00 feet to a 5/8 inch steel rod set at a point of cure | ||||||
to the left having a radius of 695.00 feet and a central angle of 37° | ||||||
32' 04"; | ||||||
Thence continuing with Southerly line of said called 27.2585 acre | ||||||
tract and the Northerly line of said 7.549 acre tract and with the | ||||||
said curve to the left having a radius of 695.000 feet (chord | ||||||
bearing South 47° 56' 58" West, 447.20 feet), an arc distance of | ||||||
455.29 feet to a 5/8 inch steel rod set for the Southwest corner of | ||||||
the said called 27.2585 acre tract, and an point of the said 7.549 | ||||||
acre tract; | ||||||
Thence, South 12° 28' 19" East, 46.20 feet with a Westerly line of | ||||||
the said 7.549 acre tract to an ell corner, said point also being | ||||||
the most Northerly corner of the aforesaid 0.65 acre tract; | ||||||
Thence, South 55° 47' 26" West. 54.87 feet with the Northwesterly | ||||||
line of the said 0.65 acre tract and the Westerly line of the said | ||||||
7.549 acre tract to a 5/8 inch steel rod set for the most Northerly | ||||||
corner and PLACE OF BEGINNING for the herein described tract of | ||||||
land, said point also being an angle point in the Westerly line of | ||||||
the said 7.549 acre tract, said point also being in a non-tangent | ||||||
curve to the left having a radius of 695.00 feet and a central angle | ||||||
of 10° 41 '35"; | ||||||
Thence, in a Southwesterly direction with the Westerly line of the | ||||||
said 7.549 acre tract and with the said curve to the left having a | ||||||
radius of 695.00 feet (chord bearing South 17° 11' 02" West, 129.52 | ||||||
feet), an arc distance of 129.71 feet to a 5/8 inch steel rod set at | ||||||
a point of tangency; | ||||||
Thence, continuing with the Westerly line of the said 7.549 acre | ||||||
tract, South 11° 50' 14" West, 32.84 feet to a 5/8 inch steel rod set | ||||||
in the North line of FM. Highway No. 1960, based on a 170 foot | ||||||
right-of-way, for the Southeast corner of the herein described | ||||||
tract, said point also being the Southwest corner of the said 7.549 | ||||||
acre tract; | ||||||
Thence, North 78° 09' 14" West, 63.90 feet with the North line of | ||||||
said FM. Highway No. 1960 to a 5/8 inch steel rod set at its | ||||||
intersection with the East line of Rayford Road, based on an 80 foot | ||||||
right-of-way, for the Southwest corner of the herein described | ||||||
tract, said point also being in a non-tangent curve to the right | ||||||
having a radius of 1100.00 feet and a central angle of 04° 31' 15"; | ||||||
Thence, in a Northeasterly direction with the East line of said | ||||||
Rayford Road and the said curve to the right having a radius of | ||||||
1100.00 feet (chord bearing North 14° 11' 49" East, 86.77 feet), an | ||||||
arc distance of 86.79 feet to a 5/8 inch steel rod set in the North | ||||||
line of the aforesaid 0.65 acre tract for the Northwest corner of | ||||||
the herein described tract; | ||||||
Thence, North 55° 47' 26" East, 104.31 feet with the North line of | ||||||
the said 0.65 acre tract to the PLACE OF BEGINNING and containing | ||||||
0.1782 acre or 7,764 square feet of land, more or less. | ||||||
TRACT THREE: Fieldnotes for 27.2273 acres of land out the Amos | ||||||
Barber Survey Abstract No. 125 in Harris County, Texas, being out | ||||||
of and part of the certain 83.156 acre tract of land described in | ||||||
instrument recorded in Volume 7263, Page 325 of the Deed Records of | ||||||
Harris County, and being the same (called) 27.2585 acre tract of | ||||||
land conveyed to Northwood North Venture, L.P., and described as | ||||||
"Tract I" in deed recorded under County Clerk's No.. T951125 of the | ||||||
Real Property Records of Harris County, said 27.2273 acres | ||||||
described by metes and bounds as follows: | ||||||
COMMENCING in a point in the called North line of the Amos Barber | ||||||
Survey at the Northwest corner of Forest Shadows Subdivision, | ||||||
Section I, the map or plat of same being recorded in Volume58, Page | ||||||
54 of the Map Records of Harris County, said point also the | ||||||
Northeast corner of the said 83.156 acre tract and that certain | ||||||
20.000 acre tract of land conveyed to the Aldine Independent School | ||||||
District and described as "Tract 2" in deed recorded under Clerk's | ||||||
File No. D456846 of the said Real Property Records; | ||||||
Thence, South 32° 05 03" East (called South 32° 08' 41" East in | ||||||
vesting deed), 1501.54 feet with the West line of Forest Shadows | ||||||
Subdivision, Sections 1, 2 and 3 and with the East line of the said | ||||||
83.156 acre tract and the said 20.000 acre tract to a 5/8 inch steel | ||||||
rod set for the Northeast corner and PLACE OF BEGINNING for the | ||||||
herein described tract of land, said point being the Southeast | ||||||
corner of the said 20.000 acre tract, said point also being in the | ||||||
West line of said Forest Shadows Subdivision, Section 3, the map or | ||||||
plat of same recorded in Volume 153, Page 123 of the said Map | ||||||
Records; | ||||||
Thence continuing with the West line of the said Forest Shadows | ||||||
Subdivision, Section 3, and the East line of the said 83.156 acre | ||||||
tract, South 32° 05' 03" East, at 260 feet passing the Southwest | ||||||
corner of said Section 3 and the Northwest corner of Forest Shadows, | ||||||
Section 4, the map or plat of same being recorded in Volume 174, | ||||||
Page 115 of the said Map Records, and continuing with the West line | ||||||
of said Section 4 in all, a total distance of 826.04 feet to a 5/8 | ||||||
inch steel rod set for the Southeast corner of the herein described | ||||||
tract, said point also being the Northeast corner of that certain | ||||||
7.549 acre tract of land conveyed to the Harris Flood Control | ||||||
District, as described in deed recorded under Clerk's File No. | ||||||
J175685 of the said Real Records; | ||||||
Thence, South 57° 26' 45" West, 603.75 feet with the North line of | ||||||
the said 7,549 acre tract to a 5/8 inch steel rod set as an angle | ||||||
point; | ||||||
Thence, continuing with the North line of the said 7.549 acre tract, | ||||||
South 66° 43' 00" West, 900.00 feet (called South 67° 21' 27" West in | ||||||
7.549 acre deed) to a 5/8 inch steel rod set at a point of curve to | ||||||
the left having a radius of 695.00 feet and a central angle of 37° | ||||||
32' 04"; | ||||||
Thence, continuing Northwesterly line of the said 7.549 acre tract | ||||||
and with the said curve to the left having a radius of 695.00 feet | ||||||
and central angle of 47° 56' 58" West, 447.20 feet), an arc distance | ||||||
of 455.29 feet to a 5/8 inch steel rod set or the Southwest corner of | ||||||
the herein described tract; | ||||||
Thence, North 11° 50' 34" West, 103.53 feet to a 5/8 inch steel rod | ||||||
set in the Southeasterly line of Rayford Road, based on an 80 foot | ||||||
right-of-way, said point being in a non-tangent curve to the right | ||||||
having a radius of 1100.00 feet and a central angle of 9° 57' 21"; | ||||||
Thence, in a Northeasterly direction with the Southeasterly line of | ||||||
said Rayford Road and with the said curve to the having a radius of | ||||||
1100.00 feet (chord bearing North 34° 50' 18" East, 190.90 feet), an | ||||||
arc distance of 191.14 feet to a 5/8 inch steel rod set at a point of | ||||||
tangency; | ||||||
Thence, continuing with the Southeasterly line of said Rayford | ||||||
Road, North 39°48' 59" East, 125.77 feet to a 5/8 inch steel rod set | ||||||
at a point of curve to the left having a radius of 1200.00 feet and a | ||||||
central angle of 50° 39'42"; | ||||||
Thence, continuing with the Southeasterly line of said Rayford Road | ||||||
and with the said curve to the left having a radius of 1200.00 feet | ||||||
(chord bearing North 14° 29' 08" East, 1026.83 feet), an arc | ||||||
distance of 1061.06 feet to a 5/8 inch steel rod set at a point of | ||||||
tangency; | ||||||
Thence, continuing with an Easterly line of said Rayford Road, | ||||||
North 10°50'43" West, 174.19 to a 5/8 inch steel rod set for the | ||||||
Northwest corner of the herein described tract, said point also | ||||||
being the Southwest corner of the aforesaid Aldine Independence | ||||||
School District 20.000 acre tract; | ||||||
Thence, North 79°09'40" East. 851.68 feet with the South line of the | ||||||
said 20.000 acre tract to the PLACE OF BEGINNING and containing | ||||||
27.2273 acres or 1,186,023 square feet of land, more or less. | ||||||
SECTION 3. (a) The legal notice of the intention to | ||||||
introduce this Act, setting forth the general substance of this | ||||||
Act, has been published as provided by law, and the notice and a | ||||||
copy of this Act have been furnished to all persons, agencies, | ||||||
officials, or entities to which they are required to be furnished | ||||||
under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||||||
Government Code. | ||||||
(b) The governor, one of the required recipients, has | ||||||
submitted the notice and Act to the Texas Commission on | ||||||
Environmental Quality. | ||||||
(c) The Texas Commission on Environmental Quality has filed | ||||||
its recommendations relating to this Act with the governor, | ||||||
lieutenant governor, and speaker of the house of representatives | ||||||
within the required time. | ||||||
(d) The general law relating to consent by political | ||||||
subdivisions to the creation of districts with conservation, | ||||||
reclamation, and road powers and the inclusion of land in those | ||||||
districts has been complied with. | ||||||
(e) All requirements of the constitution and laws of this | ||||||
state and the rules and procedures of the legislature with respect | ||||||
to the notice, introduction, and passage of this Act have been | ||||||
fulfilled and accomplished. | ||||||
SECTION 4. This Act takes effect immediately if it receives | ||||||
a vote of two-thirds of all the members elected to each house, as | ||||||
provided by Section 39, Article III, Texas Constitution. If this | ||||||
Act does not receive the vote necessary for immediate effect, this | ||||||
Act takes effect September 1, 2017. |