S.B. No. 1601
                                        AN ACT
    1-1  relating to the creation, administration, powers, and duties of the
    1-2  Westchase Area Management District; granting the authority to issue
    1-3  bonds; authorizing a tax.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  CREATION OF DISTRICT.  (a)  A special district in
    1-6  Harris County to be known as the "Westchase Area Management
    1-7  District" exists as a governmental agency, body politic and
    1-8  corporate, and political subdivision of the state.
    1-9        (b)  The name of the district may be changed by resolution of
   1-10  the board.
   1-11        (c)  The creation of the district is essential to accomplish
   1-12  the purposes of Section 52, Article III, Section 59, Article XVI,
   1-13  and Section 52-a, Article III, Texas Constitution, and other public
   1-14  purposes stated in this Act.
   1-15        SECTION 2.  LEGISLATIVE DECLARATION.  (a)  The legislature
   1-16  finds and declares that the creation of the district is necessary
   1-17  to promote, develop, encourage, and maintain employment, commerce,
   1-18  transportation, housing, tourism, recreation, arts, entertainment,
   1-19  economic development, safety, and the public welfare in the
   1-20  Westchase area of Harris County.
   1-21        (b)  It is the legislature's intent that the creation of the
   1-22  district and this legislation not be interpreted to relieve Harris
   1-23  County or the City of Houston from providing the present level of
    2-1  services to the area included within the district or to release the
    2-2  county or the city from the obligations each entity has to provide
    2-3  services to that area.  The district is created to supplement and
    2-4  not supplant the city or county services provided in the area
    2-5  included within the district.
    2-6        (c)  The legislature finds and intends that by creating the
    2-7  district and in authorizing the city, county, and other political
    2-8  subdivisions to contract with the district the legislature has
    2-9  established a program to accomplish the public purposes set out in
   2-10  Section 52-a, Article III, Texas Constitution.
   2-11        SECTION 3.  DEFINITIONS.  In this Act:
   2-12              (1)  "Board" means the board of directors of the
   2-13  district.
   2-14              (2)  "District" means the Westchase Area Management
   2-15  District.
   2-16              (3)  "City" means the City of Houston, Texas.
   2-17              (4)  "County" means Harris County, Texas.
   2-18        SECTION 4.  BOUNDARIES.  The district includes all the
   2-19  territory contained within the following described area:
   2-20        Being 2,460 acres, more or less, out of the G.L. Bellows
   2-21  Survey, Abstract No.  3, the C. Ennis Survey, Abstract No. 253, the
   2-22  J.D. Taylor Survey, Abstract No. 72, the I.E. Wade Survey, Abstract
   2-23  No. 854, the  I.E. Wade Survey, Abstract No. 855, the E. Williams
   2-24  Survey, Abstract No. 834, and the H. Woodruff Survey, Abstract No.
   2-25  844, all located in Harris County, Texas, being more particularly
    3-1  described by metes and bounds as follows:
    3-2        BEGINNING AT A POINT being the most westerly southwest corner
    3-3  of the Woodlake, Section 4 Subdivision described by plat recorded
    3-4  in Vol. 174, Pg. 115 of the Map Records of the Harris County, being
    3-5  also a point in the East line of South Gessner Road, originally
    3-6  described in the instrument recorded in Vol. 6369, Pg.  234 of the
    3-7  Deed Records of Harris County,
    3-8        Thence in a northerly direction with the western boundary of
    3-9  the Woodlake, Section 4 Subdivision and the East line of South
   3-10  Gessner Road to the point of intersection with the easterly
   3-11  projection of the South line of the Woodlake Townhouse Apartments
   3-12  Parcel as described in the conveyance recorded in Vol. 8577, Pg. 38
   3-13  of the Deed Records of Harris County,
   3-14        Thence in a westerly direction along the easterly projection
   3-15  of the South line of the Woodlake Townhouse Apartments Parcel and
   3-16  then continuing with the South Line of the Woodlake Townhouse
   3-17  Apartments Parcel to the southwest corner of that parcel, being
   3-18  also a point in the West line of the Woodlake Section 5
   3-19  Subdivision, being also a point in the West line of the J. D.
   3-20  Taylor Survey, Abstract 72,
   3-21        Thence in a southerly direction with the West line of the
   3-22  J.D. Taylor Survey, Abstract 72 to the point of intersection with
   3-23  the North right of way of Westheimer Road, also known as Texas Farm
   3-24  to Market Road No. 1093,
   3-25        Thence in a westerly direction with the North right of way
    4-1  line of Westheimer Road, also known as Texas Farm to Market Road
    4-2  No. 1093 to the point of intersection the East right of way of
    4-3  Seagler Road,
    4-4        Thence in a northerly direction with the East right of way
    4-5  line of Seagler Road to the point of intersection with the easterly
    4-6  projection of the North right of way line of Ella Lee Lane,
    4-7        Thence in westerly direction with the easterly projection of
    4-8  the North right of way line of Ella Lee Lane and then continuing
    4-9  with the North right of way line of Ella Lee Lane to the point of
   4-10  intersection with the East right of way line Beltway 8, also known
   4-11  as the Sam Houston Tollway,
   4-12        Thence in a northerly direction with the East right of way
   4-13  line Beltway 8 to the point of intersection with the easterly
   4-14  projection of the centerline of the right of way line of Deerwood
   4-15  Drive as dedicated by plat for the Greentree Place Subdivision as
   4-16  recorded in Vol. 228, Pg. 125 of the Map Records of Harris County,
   4-17        Thence in a westerly direction with the easterly projection
   4-18  of the centerline of the right of way of Deerwood Drive and then
   4-19  continuing with the centerline of the right of way of Deerwood
   4-20  Drive through a curve to the South to the point of intersection
   4-21  with the easterly projection of the centerline of the right of way
   4-22  of River View Drive as described by the plat of the Walnut Bend
   4-23  Subdivision, Section 8, as recorded in Vol. 129, Pg. 59 of the Map
   4-24  Records of Harris County,
   4-25        Thence continuing in a westerly direction with the easterly
    5-1  projection of the centerline of the right of way of River View
    5-2  Drive to the West line of the Greentree Place Subdivision, being
    5-3  also the West Line of the G.L. Bellows Survey, Abstract No. 3,
    5-4        Thence in a southerly direction with the West line of the
    5-5  G.L. Bellows Survey, Abstract No. 3, to the point of intersection
    5-6  with the most easterly southeast corner of the Walnut Bend, Section
    5-7  5 Subdivision as described by plat recorded in Vol. 89, Pg. 54 of
    5-8  the Map Records of Harris County,
    5-9        Thence in a westerly direction with the South line of the
   5-10  Walnut Bend, Section 5 to a point in the East right of way line of
   5-11  Blue Willow Drive, being also the southwest corner of lot 18, block
   5-12  5 of Walnut Bend, Section 5 Subdivision,
   5-13        Thence continuing in a westerly direction to a point in the
   5-14  West right of way line of Blue Willow Drive, being also the
   5-15  southeast corner of lot 17, block 17 of the Walnut Bend, Section 5
   5-16  Subdivision,
   5-17        Thence continuing in a westerly direction with the South line
   5-18  of the Walnut Bend, Section 5 Subdivision to a point in the East
   5-19  right of way line of Walnut Bend Lane, being also the southwest
   5-20  corner of lot 1, block 17 of the Walnut Bend, Section 5
   5-21  Subdivision,
   5-22        Thence continuing in a westerly direction to a point in the
   5-23  West right of way line of Walnut Bend Lane, being also the
   5-24  southeast corner of lot 10, block 1 of the Walnut Bend, Section 5
   5-25  Subdivision,
    6-1        Thence in a westerly direction to the southwest corner of
    6-2  said lot 10 block 1, being also the most westerly southwest corner
    6-3  of the Walnut Bend, Section 5 Subdivision, being also a point in
    6-4  the East line of lot 6, block 1 of the Lakeside Estates, Section 1
    6-5  Subdivision as described by plat recorded in Vol. 152, Pg. 97 of
    6-6  the Map Records of Harris County,
    6-7        Thence in a southerly direction with the East line of the
    6-8  Lakeside Estates, Section 1 Subdivision to the most easterly
    6-9  southeast corner of said Lakeside Estates Section 1 Subdivision,
   6-10        Thence in a westerly direction with the South line of the
   6-11  Lakeside Estates, Section 1 Subdivision to a point in the East
   6-12  right of way line of Lakeside Country Club, being also the
   6-13  southwest corner of lot 1, block 1 of the Lakeside Estates, Section
   6-14  1 Subdivision,
   6-15        Thence continuing in a westerly direction to a point in the
   6-16  west right of way line of Lakeside Country Club Drive, being also
   6-17  the southeast corner of lot 10, block 2 of the Lakeside Estates,
   6-18  Section 1 Subdivision,
   6-19        Thence continuing in a westerly direction with the South line
   6-20  of the Lakeside Estates, Section 1 Subdivision to a point in the
   6-21  East right of way line of Wilcrest Drive, being also the southwest
   6-22  corner of lot 1, block 2 of the Lakeside Estates, Section 1
   6-23  Subdivision,
   6-24        Thence in a northwesterly direction to a point in the West
   6-25  right of way line of Wilcrest Drive, being also the northeast
    7-1  corner of reserve lot A5 of the Lakeside Estates, Section 1
    7-2  Subdivision,
    7-3        Thence in a westerly direction with the North line of reserve
    7-4  lot A5 of the Lakeside Estates, Section 1 Subdivision to the
    7-5  northwest corner of that lot,
    7-6        Thence in a southwesterly direction across a 150 foot wide
    7-7  power line corridor owned by Houston Lighting and Power Company, as
    7-8  described in instrument recorded in Vol. 1220, Pg. 519 of the Deed
    7-9  Records of Harris County, to the Southeast corner of a 9.54 acre,
   7-10  more or less, tract of land described in the instrument recorded
   7-11  under Clerk's File No. M462865 of the Official Public Records of
   7-12  Real Property of Harris County,
   7-13        Thence in a westerly direction with the South line of that
   7-14  9.54 acre parcel 782 feet, more or less, to the southwest corner of
   7-15  9.54 acre parcel, being also a point in the East right of way line
   7-16  of Hayes Road,
   7-17        Thence continuing in a westerly direction to a point in the
   7-18  West right of way line of Hayes Road, being also the southeast
   7-19  corner of the Village West, Section 2 Subdivision, as described by
   7-20  plat recorded in Vol. 250, Pg. 1 of the Map Records of Harris
   7-21  County,
   7-22        Thence continuing in a westerly direction with the South line
   7-23  of Village West, Section 2 Subdivision to the southwest corner of
   7-24  that subdivision South line of Village West, Section 2 Subdivision,
   7-25        Thence continuing in a westerly direction with a westerly
    8-1  projection of the South line of Village West, Section 2 Subdivision
    8-2  to the point of intersection with the West right of way line of
    8-3  Woodland Park Drive,
    8-4        Thence in a southerly direction with the West right of way
    8-5  line of Woodland Park Drive to the point of intersection with the
    8-6  North right of way line of Westheimer Road, also known as Texas
    8-7  Farm to Market Road No. 1093,
    8-8        Thence in westerly direction with the North right of way line
    8-9  of Westheimer Road to the point of intersection with the northerly
   8-10  projection of the West line of the Westchase Section 18 subdivision
   8-11  as described in Vol. 291, Pg. 49 of the Map Records of Harris
   8-12  County,
   8-13        Thence in a southerly direction with the northerly projection
   8-14  of the West line of the Westchase Section 18 subdivision, and then
   8-15  continuing in a southerly direction with the West line of the
   8-16  Westchase Section 18 subdivision to the southwest corner of that
   8-17  subdivision, being also a point in the North right of way line of
   8-18  Richmond Avenue,
   8-19        Thence continuing in a southerly direction to a point in the
   8-20  South right of way line of Richmond Avenue, being also the
   8-21  northwest corner of the Westchase Section 17 subdivision as
   8-22  described in Vol. 294, Pg. 3 of the Map Records of Harris County,
   8-23        Thence continuing in a southerly direction with the West line
   8-24  of the Westchase Section 17 to the southwest corner of that
   8-25  subdivision,
    9-1        Thence in an easterly direction with the South line of the
    9-2  Westchase Section 17 subdivision to the southeast corner reserve
    9-3  lot "B" of the Westchase Section 17 subdivision,
    9-4        Thence continuing in a easterly direction 150 feet, more or
    9-5  less, crossing the power line corridor owned by Houston Lighting
    9-6  and Power Company, to the southwest corner of reserve lot "C" of
    9-7  Westchase Section 17,
    9-8        Thence continuing in an easterly direction with the South
    9-9  line of reserve lot "C" of Westchase Section 17 to the southeast
   9-10  corner of that parcel, being also a point in the West right of way
   9-11  line of Wilcrest Drive,
   9-12        Thence in a southerly direction with the West right of way
   9-13  line of Wilcrest Drive to the point of intersection with the South
   9-14  line of the Southern Pacific Railroad right of way, formerly known
   9-15  as the Texas & New Orleans Railroad right of way, said point being
   9-16  also the northeast corner of Unrestricted Reserve "A" of the
   9-17  Briarleaf Section 2 Subdivision, as described by plat recorded in
   9-18  Volume 287, Pg. 12 of the Map Records of Harris County,
   9-19        Thence in an easterly direction with the South line of the
   9-20  Southern Pacific Railroad right of way to the point of intersection
   9-21  with the East right of way line of South Gessner Road,
   9-22        Thence in a northerly direction with the East right of way
   9-23  line of South Gessner Road to the point of intersection with the
   9-24  North line of the Tanglewilde, Section 1 Subdivision as described
   9-25  by plat recorded in Vol. 49, Pg. 25 of the Map Records of Harris
   10-1  County,
   10-2        Thence in an easterly direction with the North line of the
   10-3  Tanglewilde, Section 1 Subdivision to the northeast corner of lot
   10-4  16, block 1 of the Tanglewilde, Section 1 Subdivision,
   10-5        Thence continuing in an easterly direction to the most
   10-6  westerly southwest corner of that certain 7.0276 acre, more or
   10-7  less, parcel of land more particularly described by metes and
   10-8  bounds in the instrument recorded under County Clerk's File No.
   10-9  R247328 of the Official Public Records of Real Property of Harris
  10-10  County,
  10-11        Thence continuing in an easterly direction with the South
  10-12  line of the said 7.0276 acre parcel 328 feet, more or less, to an
  10-13  interior corner of that parcel,
  10-14        Thence in a southerly direction with a westerly line of the
  10-15  said 7.0276 acre parcel, 106.41 feet, more or less, to a southwest
  10-16  corner of that parcel, being also a point in the North line of the
  10-17  Tanglewilde, Section 1 Subdivision,
  10-18        Thence in an easterly direction with the North line of the
  10-19  Tanglewilde, Section 1 Subdivision, 441.71 feet, more or less, to
  10-20  an interior corner of that subdivision, being also a point in the
  10-21  West right of way line of Rockyridge Drive,
  10-22        Thence in a northerly direction with the West right of way
  10-23  line of Rockyridge Drive to the point of intersection with the
  10-24  westerly projection of the North line of lot 1, block four of the
  10-25  Tanglewilde Section 1 Subdivision,
   11-1        Thence in an easterly direction with the westerly projection
   11-2  of the North line of lot 1, block four of the Tanglewilde Section 1
   11-3  Subdivision to the northwest corner of that lot 1, block four,
   11-4        Thence continuing in an easterly direction with the North
   11-5  line of lot 1, block four of the Tanglewilde Section 1 Subdivision
   11-6  to the northeast corner of that lot, being also a point in the West
   11-7  line of the replatted Westmont Subdivision as described by plat
   11-8  recorded in Vol. 75, Pg. 50 of the Map Records of Harris County,
   11-9        Thence in a northerly direction with the West line of the
  11-10  replatted Westmont Subdivision to the northwest corner of said
  11-11  replatted Westmont Subdivision,
  11-12        Thence in an easterly direction with the North line of the
  11-13  replatted Westmont Subdivision to the point of intersection with
  11-14  the centerline of Westerland Drive,
  11-15        Thence in a northerly direction with the centerline of
  11-16  Westerland Drive to the point of intersection with the easterly
  11-17  projection of the North right of way line of Ella Lee Lane,
  11-18        Thence in a westerly direction with the easterly projection
  11-19  of the North right of way line of Ella Lee Lane and continuing with
  11-20  the North right of way line of Ella Lee Lane to the POINT OF
  11-21  BEGINNING.
  11-22        SAVE AND EXCEPT THE FOLLOWING PARCELS OF LAND:
  11-23        That certain parcel of land containing approximately 6.7912
  11-24  acres, in the Henry Woodruff Survey, Abstract No. 844, described in
  11-25  deed dated June 29, 1979, from Southern Pacific Transportation
   12-1  Company, as grantor to Crystal Chemical Company, as grantee,
   12-2  recorded under County Clerk's File Number G154538 of the Official
   12-3  Public Records of Real Property of Harris, County, Texas,
   12-4        That certain parcel of land containing approximately 99.542
   12-5  acres, in the George Bellows Survey, Abstract No. 3, described in
   12-6  deed dated April 30, 1987, from Dresser Industries, Inc., as
   12-7  grantor to Western Atlas International, Inc., as grantee, recorded
   12-8  under County Clerk's File Number L169978 of the Official Public
   12-9  Records of Real Property of Harris, County, Texas,
  12-10        The Condominium project known as Westchase Gardens originally
  12-11  described by declaration filed in Volume 109, PAGE 48 of the
  12-12  Condominium Records of Harris County, Texas,
  12-13        The Condominium project known as Terra Courtyard Condominiums
  12-14  described by declaration filed in Volume 110, PAGE 124 of the
  12-15  Condominium Records of Harris County, Texas,
  12-16        The Condominium projects known as River Stone I, II and III
  12-17  originally described by declaration filed in Volume 100, PAGE 137
  12-18  of the Condominium Records of Harris County, Texas, and amended by
  12-19  declaration filed in Volume 101, PAGE 79 of the Condominium Records
  12-20  of Harris County, Texas,
  12-21        The Condominium project known as Townhomes at Westchase
  12-22  Condominiums described by declaration originally filed in Volume
  12-23  77, PAGE 1 and subsequently amended by declarations file in Volume
  12-24  85, Page 40 and Volume 164, Page 21 of the Condominium Records of
  12-25  Harris County, Texas,
   13-1        The Condominium project known as The Elm Grove Condominium
   13-2  described by declaration filed in Volume 85, PAGE 41 of the
   13-3  Condominium Records of Harris County, Texas,
   13-4        The Condominium project known as Doma Chase Condominium
   13-5  described by declaration filed in Volume 88, PAGE 82 of the
   13-6  Condominium Records of Harris County, Texas,
   13-7        The Condominium project known as Westchase Forest Townhomes
   13-8  described by declaration filed in Volume 144, PAGE 88 of the
   13-9  Condominium Records of Harris County, Texas,
  13-10        The Condominium project known as Westchase Forest Townhomes
  13-11  described by declaration filed in Volume 145, PAGE 98 of the
  13-12  Condominium Records of Harris County, Texas,
  13-13        The Condominium project known as Westchase Forest Townhomes
  13-14  described by declaration filed in Volume 152, PAGE 39 of the
  13-15  Condominium Records of Harris County, Texas,
  13-16        The Condominium project known as Parkwest Place Condominiums
  13-17  described by declaration filed in Volume 160, PAGE 28 of the
  13-18  Condominium Records of Harris County, Texas,
  13-19        The Condominium project known as Woodchase Village
  13-20  Condominiums described by declaration filed in Volume 92, PAGE 128
  13-21  of the Condominium Records of Harris County, Texas,
  13-22        The Condominium project known as Meadowridge described by
  13-23  declaration filed in Volume 123, PAGE 51 of the Condominium Records
  13-24  of Harris County, Texas,
  13-25        The Condominium project known as SunStream Villas, A
   14-1  Condominium Community described by declaration filed in Volume 90,
   14-2  PAGE 1 of the Condominium Records of Harris County, Texas,
   14-3        The Residential Subdivision known as Sunridge Villas
   14-4  described by declaration filed in Volume 290, PAGE 70 of the Map
   14-5  Records of Harris County, Texas,
   14-6        The Condominium project known as Sunridge Villas II
   14-7  Condominiums described by declaration filed in Volume 134, PAGE 81
   14-8  of the Condominium Records of Harris County, Texas,
   14-9        The Condominium project known as Idlewood described by
  14-10  declaration filed in Volume 59, PAGE 23 of the Condominium Records
  14-11  of Harris County, Texas,
  14-12        The Residential Subdivision known as Wind River Park Townhome
  14-13  Apartments described by declaration filed in Volume 265, PAGE 42 of
  14-14  the Map Records of Harris County, Texas.
  14-15        SECTION 5.  FINDINGS RELATING TO BOUNDARIES.  The legislature
  14-16  finds that the boundaries and field notes of the district form a
  14-17  closure.  If a mistake is made in the field notes or in copying the
  14-18  field notes in the legislative process, the mistake does not in any
  14-19  way affect the:
  14-20              (1)  organization, existence, and validity of the
  14-21  district;
  14-22              (2)  right of the district to issue any type of bonds
  14-23  or refunding bonds for the purposes for which the district is
  14-24  created or to pay the principal of and interest on the bonds;
  14-25              (3)  right of the district to levy and collect
   15-1  assessments or taxes; or
   15-2              (4)  legality or operation of the district or its
   15-3  governing body.
   15-4        SECTION 6.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.  (a)  The
   15-5  legislature finds that all of the land and other property included
   15-6  within the boundaries of the district will be benefited by the
   15-7  improvements and services to be provided by the district under
   15-8  powers conferred by Section 52, Article III, Section 59, Article
   15-9  XVI, and Section 52-a, Article III, Texas Constitution, and other
  15-10  powers granted under this Act, and that the district is created to
  15-11  serve a public use and benefit.
  15-12        (b)  The legislature finds that:
  15-13              (1)  the creation of the district is in the public
  15-14  interest and is essential to:
  15-15                    (A)  further the public purposes of the
  15-16  development and diversification of the economy of the state; and
  15-17                    (B)  eliminate unemployment and underemployment
  15-18  and develop or expand transportation and commerce;
  15-19              (2)  the district will promote the health, safety, and
  15-20  general welfare of residents, employers, employees, visitors,
  15-21  consumers in the district, and the general public;
  15-22              (3)  the district will provide needed funding for the
  15-23  Westchase area to preserve, maintain, and enhance the economic
  15-24  health and vitality of the area as a community and business center;
  15-25  and
   16-1              (4)  the district will further promote the health,
   16-2  safety, welfare, and enjoyment of the public by providing
   16-3  pedestrian ways and by landscaping and developing certain areas
   16-4  within the district, which are necessary for the restoration,
   16-5  preservation, and enhancement of scenic and aesthetic beauty.
   16-6        (c)  The legislature finds and determines that pedestrian
   16-7  ways along or across a street, whether at grade or above or below
   16-8  the surface, and street lighting, street landscaping, and street
   16-9  art objects are parts of and necessary components of a street and
  16-10  are considered to be a street or road improvement.
  16-11        (d)  The district will not act as the agent or
  16-12  instrumentality of any private interest even though many private
  16-13  interests will be benefited by the district, as will the general
  16-14  public.
  16-15        SECTION 7.  APPLICATION OF OTHER LAW.  Except as otherwise
  16-16  provided by this Act, Chapter 375, Local Government Code, applies
  16-17  to the district.
  16-18        SECTION 8.  CONSTRUCTION OF ACT.  This Act shall be liberally
  16-19  construed in conformity with the legislative findings and purposes
  16-20  stated in this Act.
  16-21        SECTION 9.  BOARD OF DIRECTORS IN GENERAL.  (a)  The district
  16-22  is governed by a board of 17 directors who serve staggered
  16-23  four-year terms.
  16-24        (b)  Subchapter D, Chapter 375, Local Government Code,
  16-25  applies to the board to the extent that subchapter does not
   17-1  conflict with this Act.
   17-2        SECTION 10.  INITIAL DIRECTORS.  (a)  The initial board
   17-3  consists of the following persons:
   17-4        Position Number                      Director
   17-5               1                         Paul S. McDonald
   17-6               2                         Don R. Mathis
   17-7               3                         Donna J. Flowers
   17-8               4                         Steve Hilton
   17-9               5                         Bruce Wilkerson
  17-10               6                         James R. Murphy
  17-11               9                         Jack W. Michael
  17-12              10                         Mark Taylor
  17-13              11                         Michael W. Biggs
  17-14              12                         Ted M. Kerr
  17-15              13                         David J. Lee
  17-16              14                         Douglas L. Elliott
  17-17              15                         Candy A. Tillack
  17-18              16                         Fred S. Kummer III
  17-19              17                         Andrew R. Lear
  17-20        (b)  The board shall appoint the initial directors for
  17-21  positions 7 and 8.
  17-22        (c)  The terms of the initial directors for positions 1
  17-23  through 8 expire June 1, 1997, and the terms of the initial
  17-24  directors for positions 9 through 17 expire June 1, 1999.
  17-25        SECTION 11.  SUBSEQUENT DIRECTORS.  The mayor and city
   18-1  council of the city shall appoint subsequent directors from persons
   18-2  recommended by the board.  A vacancy in the office of director
   18-3  because of the death, resignation, or removal of a director shall
   18-4  be filled by the remaining members of the board by appointing a
   18-5  qualified person for the unexpired term.  The mayor and city
   18-6  council of the city shall appoint as subsequent directors for the
   18-7  positions indicated persons representing the following interests:
   18-8              (1)  positions 1, 11, and 12 must represent owners of
   18-9  multifamily rental housing with a minimum of 200 rental units;
  18-10              (2)  position 2 must be a lessee of office space of at
  18-11  least 30,000 square feet of rentable area;
  18-12              (3)  positions 9 and 10 must represent owners of office
  18-13  facilities with a minimum of 500 employees or taxable value in
  18-14  excess of $10 million;
  18-15              (4)  positions 8, 13, and 14 must represent owners of
  18-16  multitenant office buildings;
  18-17              (5)  position 15 must represent owners of multitenant
  18-18  retail property or major retail tenants of 20,000 square feet or
  18-19  more;
  18-20              (6)  position 16 must represent owners of temporary
  18-21  lodging facilities with on-site food service;
  18-22              (7)  position 17 must represent owners of undeveloped
  18-23  property with a contiguous area of 5 acres or more; and
  18-24              (8)  positions 3, 4, 5, 6, and 7 must represent the
  18-25  district at large and any person qualified to serve on the board as
   19-1  provided by Section 375.063, Local Government Code, may be
   19-2  appointed for those positions.
   19-3        SECTION 12.  EX OFFICIO MEMBERS OF BOARD OF DIRECTORS.  The
   19-4  board may appoint nonvoting ex officio members to serve on the
   19-5  board.
   19-6        SECTION 13.  POWERS OF DISTRICT.  (a)  The district has all
   19-7  powers necessary or required to accomplish the purposes for which
   19-8  the district was created.
   19-9        (b)  The district has the rights, powers, privileges,
  19-10  authorities, and functions of a district created under Chapter 375,
  19-11  Local Government Code.
  19-12        (c)  The district has the powers conferred on a corporation
  19-13  under Section 4B, the Development Corporation Act of 1979 (Article
  19-14  5190.6, Vernon's Texas Civil Statutes).  The district may own,
  19-15  operate, acquire, construct, lease, improve, and maintain projects
  19-16  described by that section.
  19-17        (d)  The district may:
  19-18              (1)  levy ad valorem taxes, assessments, or impact fees
  19-19  in accordance with Chapter 375, Local Government Code, to provide
  19-20  improvements and services for a project or activity the district is
  19-21  authorized to acquire, construct, improve, or provide under this
  19-22  Act; and
  19-23              (2)  correct, add to, or delete assessments from its
  19-24  assessment rolls after notice and hearing as provided by Subchapter
  19-25  F, Chapter 375, Local Government Code.
   20-1        (e)  The district may not acquire property through eminent
   20-2  domain.
   20-3        (f)  The district may not levy a sales and use tax.
   20-4        (g)  If the district, in exercising a power conferred by this
   20-5  Act, requires a relocation, adjustment, raising, lowering,
   20-6  rerouting, or changing the grade of or altering the construction of
   20-7  any street, alley, highway, overpass, underpass, road, railroad
   20-8  track, bridge, facility or property, electric line, conduit,
   20-9  facility or property, telephone or telegraph line, conduit,
  20-10  facility or property, gas transmission or distribution pipe,
  20-11  pipeline, main, facility or property, water, sanitary sewer or
  20-12  storm sewer pipe, pipeline, main, facility or property, cable
  20-13  television line, cable, conduit, facility or property, or other
  20-14  pipeline or facility or property relating to the pipeline, that
  20-15  relocation, adjustment, raising, lowering, rerouting, changing of
  20-16  grade, or altering of construction must be accomplished at the sole
  20-17  cost and expense of the district, and the district shall bear
  20-18  damages that are suffered by owners of the property or facilities.
  20-19        SECTION 14.  CONFLICTS WITH OTHER LAW.  If any provision of a
  20-20  law referred to in Section 13 of this Act is in conflict with or is
  20-21  inconsistent with this Act, this Act prevails.  Any law referred to
  20-22  in this Act that is not in conflict or inconsistent with this Act
  20-23  is adopted and incorporated by reference.
  20-24        SECTION 15.  REQUIREMENTS FOR FINANCING SERVICES AND
  20-25  IMPROVEMENTS.  The board may not finance services and improvement
   21-1  projects under this Act unless a written petition  requesting those
   21-2  improvements or services has been filed with the board.  The
   21-3  petition must be signed by:
   21-4              (1)  the owners of a majority of the assessed value of
   21-5  real property in the district as determined by the most recent
   21-6  certified county property tax rolls; or
   21-7              (2)  at least 50 persons who own property within the
   21-8  district, if there are more than 50 persons who own property in the
   21-9  district as determined by the most recent certified county property
  21-10  tax rolls.
  21-11        SECTION 16.  DISBURSEMENTS OR TRANSFERS OF FUNDS.  The board
  21-12  by resolution shall establish the number of directors' signatures
  21-13  and the procedure required for a disbursement or transfer of the
  21-14  district's money.
  21-15        SECTION 17.  BONDS.  (a)  The district may issue bonds or
  21-16  other obligations payable in whole or in part from ad valorem
  21-17  taxes, assessments, impact fees, revenues, grants, or other funds
  21-18  of the district, or any combination of those funds, to pay for any
  21-19  authorized purpose of the district.
  21-20        (b)  Bonds or other obligations of the district may be issued
  21-21  in the form of bonds, notes, certificates of participation,
  21-22  including other instruments evidencing a proportionate interest in
  21-23  payments to be made by the district, or other obligations that are
  21-24  issued in the exercise of the district's borrowing power and may be
  21-25  issued in bearer or registered form or may be issued in a form not
   22-1  represented by an instrument but with their transfer registered on
   22-2  books maintained by or on behalf of the district.
   22-3        (c)  Except as provided by Subsection (d) of this section,
   22-4  the district must obtain the city's approval of:
   22-5              (1)  the issuance of bonds for an improvement project;
   22-6  and
   22-7              (2)  the plans and specifications of the improvement
   22-8  project to be financed by the bonds.
   22-9        (d)  If the district obtains the city's approval of a capital
  22-10  improvements budget for a specified period not to exceed five
  22-11  years, the district may finance the capital improvements and issue
  22-12  bonds specified in the budget without further city approval.
  22-13        (e)  Before the district issues bonds, the district shall
  22-14  submit the bonds and the record of proceedings of the district
  22-15  relating to authorization of the bonds to the attorney general for
  22-16  approval as provided by Chapter 53, Acts of the 70th Legislature,
  22-17  2nd Called Session, 1987 (Article 717k-8, Vernon's Texas Civil
  22-18  Statutes).
  22-19        SECTION 18.  ASSESSMENTS.  (a)  The board may levy and
  22-20  collect an assessment for any purpose authorized by this Act.
  22-21        (b)  Assessments, reassessments, or assessments resulting
  22-22  from an addition to or correction of the assessment roll by the
  22-23  district, penalties and interest on an assessment or reassessment,
  22-24  expenses of collection, and reasonable attorney's fees incurred by
  22-25  the district:
   23-1              (1)  are a first and prior lien against the property
   23-2  assessed;
   23-3              (2)  are superior to any other lien or claim other than
   23-4  a lien or claim for county, school district, or municipal ad
   23-5  valorem taxes; and
   23-6              (3)  are the personal liability of and charge against
   23-7  the owners of the property even if the owners are not named in the
   23-8  assessment proceedings.
   23-9        (c)  The lien is effective from the date of the resolution of
  23-10  the board levying the assessment until the assessment is paid.  The
  23-11  board may enforce the lien in the same manner that the board may
  23-12  enforce an ad valorem tax lien against real property.
  23-13        (d)  The district may not impose an assessment on the
  23-14  property, equipment, or facilities of a public utility, as defined
  23-15  by Section 3(c), Public Utility Regulatory Act (Article 1446c,
  23-16  Vernon's Texas Civil Statutes).
  23-17        SECTION 19.  APPROVAL OF CERTAIN IMPROVEMENT PROJECTS.  The
  23-18  district must obtain the city's approval of the plans and
  23-19  specifications of any district improvement project related to the
  23-20  use of land owned by the city, an easement granted by the city, or
  23-21  a right-of-way of a street, road, or highway.
  23-22        SECTION 20.  ELECTIONS.  (a)  In addition to the elections
  23-23  the district must hold under Subchapter L, Chapter 375, Local
  23-24  Government Code, the district shall hold an election in the manner
  23-25  provided by that subchapter to obtain voter approval before the
   24-1  district imposes a maintenance tax or issues bonds payable from ad
   24-2  valorem taxes or assessments.
   24-3        (b)  The board may submit multiple purposes in a single
   24-4  proposition at an election.
   24-5        (c)  The board may not call an election under this Act unless
   24-6  a written petition requesting an election has been filed with the
   24-7  board.  The petition must be signed by:
   24-8              (1)  the owners of a majority of the assessed value of
   24-9  real property in the district as determined by the most recent
  24-10  certified county property tax rolls; or
  24-11              (2)  at least 50 persons who own property within the
  24-12  district, if there are more than 50 persons who own property in the
  24-13  district as determined by the most recent certified county property
  24-14  tax rolls.
  24-15        SECTION 21.  IMPACT FEES.  (a)  The district may impose an
  24-16  impact fee for an authorized purpose as provided by Subchapter G,
  24-17  Chapter 375, Local Government Code.
  24-18        (b)  The district may not impose an impact fee on the
  24-19  property, equipment, or facilities of a public utility as defined
  24-20  by Section 3(c), Public Utility Regulatory Act (Article 1446c,
  24-21  Vernon's Texas Civil Statutes).
  24-22        SECTION 22.  MAINTENANCE TAX.  (a)  If authorized at an
  24-23  election held in accordance with Section 20 of this Act, the
  24-24  district may levy and collect an annual ad valorem tax on taxable
  24-25  property in the district for the maintenance and operation of the
   25-1  district and the improvements constructed or acquired by the
   25-2  district or for the provision of services to industrial or
   25-3  commercial businesses, residents, or property owners.
   25-4        (b)  The board shall determine the tax rate.
   25-5        SECTION 23.  DISSOLUTION OF DISTRICT.  (a)  The district may
   25-6  be dissolved as provided in Subchapter M, Chapter 375, Local
   25-7  Government Code.
   25-8        (b)  Notwithstanding Section 375.264, Local Government Code,
   25-9  a district that has debt may be dissolved as provided by Subchapter
  25-10  M, Chapter 375, Local Government Code.  If the district has debt
  25-11  and is dissolved, the district shall remain in existence solely for
  25-12  the limited purpose of discharging its bonds or other obligations
  25-13  according to their terms.
  25-14        SECTION 24.  CONTRACTS.  (a)  To protect the public interest,
  25-15  the district may contract with the city or county for the provision
  25-16  of law enforcement services by the county or city in the district
  25-17  on a fee basis.
  25-18        (b)  The city, county, or any other political subdivision of
  25-19  the state, without further authorization, may contract with the
  25-20  district to implement a project of the district or aid and assist
  25-21  the district in providing the services authorized under this Act.
  25-22  A contract under this subsection may:
  25-23              (1)  be for a period on which the parties agree;
  25-24              (2)  include terms on which the parties agree;
  25-25              (3)  be payable from taxes or any other sources of
   26-1  revenue that may be available for such purpose; or
   26-2              (4)  provide that taxes or other revenue collected at a
   26-3  district project or from a person using or purchasing a commodity
   26-4  or service at a district project may be paid or rebated to the
   26-5  district under the terms of the contract.
   26-6        (c)  The district may enter into a contract, lease, or
   26-7  agreement with or make or accept grants and loans to or from:
   26-8              (1)  the United States, including federal departments
   26-9  and agencies;
  26-10              (2)  the state or a state agency;
  26-11              (3)  a county, municipality, or other political
  26-12  subdivision of the state;
  26-13              (4)  a public or private corporation, including a
  26-14  nonprofit corporation created by the board under other law; and
  26-15              (5)  any other person.
  26-16        (d)  The district may perform all acts necessary for the full
  26-17  exercise of the powers vested in the district on terms and
  26-18  conditions and for the term the board may determine to be
  26-19  advisable.
  26-20        SECTION 25.  COMPETITIVE BIDDING.  The district may enter a
  26-21  contract for more than $10,000 for services, improvements, or the
  26-22  purchase of materials, machinery, equipment, supplies, or other
  26-23  property only as provided by Subchapter K, Chapter 375, Local
  26-24  Government Code.
  26-25        SECTION 26.  NOTICE AND CONSENT.  The legislature finds that:
   27-1              (1)  proper and legal notice of the intention to
   27-2  introduce this Act, setting forth the general substance of this
   27-3  Act, has been published as provided by law, and the notice and a
   27-4  copy of this Act have been furnished to all persons, agencies,
   27-5  officials, or entities to which they are required to be furnished
   27-6  by the constitution and laws of this state, including the governor,
   27-7  who has submitted the notice and a copy of this Act to the Texas
   27-8  Natural Resource Conservation Commission;
   27-9              (2)  the Texas Natural Resource Conservation Commission
  27-10  has filed its recommendations relating to this Act with the
  27-11  governor, lieutenant governor, and speaker of the house of
  27-12  representatives within the required time;
  27-13              (3)  the general law relating to consent by political
  27-14  subdivisions to the creation of districts with conservation,
  27-15  reclamation, and road powers and the inclusion of land in those
  27-16  districts has been complied with; and
  27-17              (4)  all requirements of the constitution and laws of
  27-18  this state and the rules and procedures of the legislature with
  27-19  respect to the notice, introduction, and passage of this Act have
  27-20  been fulfilled and accomplished.
  27-21        SECTION 27.  EMERGENCY.  The importance of this legislation
  27-22  and the crowded condition of the calendars in both houses create an
  27-23  emergency and an imperative public necessity that the
  27-24  constitutional rule requiring bills to be read on three several
  27-25  days in each house be suspended, and this rule is hereby suspended,
   28-1  and that this Act take effect and be in force from and after its
   28-2  passage, and it is so enacted.