85R10123 JCG-F
	By: Faircloth	H.B. No. 2748

	A BILL TO BE ENTITLED
	AN ACT
	relating to the Chambers County Improvement District No. 2.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 3872.002, Special District Local Laws
	Code, is amended to read as follows:
	Sec. 3872.002.  CREATION AND NATURE OF DISTRICT; IMMUNITY.
	(a)  The district is a special district created under Sections 52
	and 52-a, Article III, and Section 59, Article XVI, Texas
	Constitution.
	(b)  The district is a governmental unit under Chapter 101,
	Civil Practice and Remedies Code, and the operations of the
	district are essential government functions and are not proprietary
	functions for any purpose, including the application of Chapter
	101, Civil Practice and Remedies Code.
	(c)  This chapter does not waive any governmental or
	sovereign immunity from suit, liability, or judgment applicable to
	the district.
	SECTION 2.  Section 3872.006(d), Special District Local Laws
	Code, is amended to read as follows:
	(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 road facilities 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.
	SECTION 3.  Section 3872.008, Special District Local Laws
	Code, is amended to read as follows:
	Sec. 3872.008.  ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
	All or any part of the area of the district may be included in one or
	more of the following:
	(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; or
	(4)  an industrial district created under Chapter 42,
	Local Government Code.
	SECTION 4.  Subchapter A, Chapter 3872, Special District
	Local Laws Code, is amended by adding Section 3872.011 to read as
	follows:
	Sec. 3872.011.  CONFLICTS OF LAW.  This chapter prevails over
	any provision of general law, including a provision of Chapter 375,
	Local Government Code, or Chapter 49, Water Code, that is in
	conflict or inconsistent with this chapter.
	SECTION 5.  Subchapter B, Chapter 3872, Special District
	Local Laws Code, is amended by adding Section 3872.054 to read as
	follows:
	Sec. 3872.054.  DISQUALIFICATION OF DIRECTORS. Section
	49.052, Water Code, applies to the district.
	SECTION 6.  Section 3872.102, Special District Local Laws
	Code, is amended to read as follows:
	Sec. 3872.102.  RECREATIONAL FACILITIES.  The district may
	develop or finance recreational facilities as authorized by Chapter
	375, Local Government Code, Sections 52 and 52-a, Article III,
	Texas Constitution, Section 59, Article XVI, Texas Constitution,
	and any other law that applies to the district.
	SECTION 7.  Section 3872.104, Special District Local Laws
	Code, is amended to read as follows:
	Sec. 3872.104.  AUTHORITY FOR ROAD PROJECTS. Under Section
	52, Article III, Texas Constitution, the district may own, operate,
	maintain, improve, design, acquire, construct, finance, and issue
	bonds, notes, or other obligations for[, improve, and convey to
	this state, a county, or a municipality for operation and
	maintenance] macadamized, graveled, or paved roads or
	improvements, including storm drainage and other improvements
	located in or adjacent to road rights-of-way, in aid of those roads.
	SECTION 8.  Subchapter C, Chapter 3872, Special District
	Local Laws Code, is amended by adding Section 3872.1051 to read as
	follows:
	Sec. 3872.1051.  CONVEYANCE AND APPROVAL OF ROAD PROJECT.
	(a)  The district may convey a road project authorized by Section
	3872.104 to:
	(1)  the municipality or county that will operate and
	maintain the road if the municipality or county has approved the
	plans and specifications of the road project; or
	(2)  the state if the state will operate and maintain
	the road and the Texas Transportation Commission has approved the
	plans and specifications of the road project.
	(b)  Except as provided by Subsection (c), the district shall
	operate and maintain a road project authorized by Section 3872.104
	that the district implements and does not convey to a municipality,
	a county, or this state under Subsection (a).
	(c)  The district may agree in writing with a municipality, a
	county, or this state to assign operation and maintenance duties to
	the district, the municipality, the county, or this state in a
	manner other than the manner described in Subsections (a) and (b).
	SECTION 9.  Section 3872.109, Special District Local Laws
	Code, is amended to read as follows:
	Sec. 3872.109.  LAW ENFORCEMENT SERVICES. Section 49.216,
	Water Code, applies to the district [AUTHORITY TO CONTRACT FOR LAW
	ENFORCEMENT. To protect the public interest, the district may
	contract with a qualified party, including Chambers County or the
	City of Baytown, for the provision of law enforcement services in
	the district for a fee].
	SECTION 10.  Section 3872.155(a), Special District Local
	Laws Code, is amended to read as follows:
	(a)  The board by resolution may impose and collect an
	assessment for any purpose authorized by this chapter in all or any
	part of the district regardless of whether the part of the district
	where the assessment is to be imposed is subject to an assessment
	previously imposed by the board.
	SECTION 11.  Section 3872.105, Special District Local Laws
	Code, is repealed.
	SECTION 12.  The change in law made by Section 3872.054,
	Special District Local Laws Code, as added by this Act, does not
	affect the entitlement of a member serving on the board of directors
	of the Chambers County Improvement District No. 2 immediately
	before the effective date of this Act to continue to carry out the
	board's functions for the remainder of the member's term. The
	change in law applies only to a member elected on or after the
	effective date of this Act.
	SECTION 13.  (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, the
	lieutenant governor, and the speaker of the house of
	representatives within the required time.
	(d)  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 are fulfilled
	and accomplished.
	SECTION 14.  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.