Texas 2009 - 81st Regular

Texas House Bill HB4724 Compare Versions

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1	1	81R6383 SJM-F
2	2	By: Fletcher H.B. No. 4724
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of Waller Town Center Management District;
8	8	providing authority to impose an assessment, impose a tax, and
9	9	issue bonds; and granting a limited power of eminent domain.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 4, Special District Local Laws
12	12	Code, is amended by adding Chapter 3877 to read as follows:
13	13	CHAPTER 3877. WALLER TOWN CENTER MANAGEMENT DISTRICT
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 3877.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Director" means a board member.
18	18	(3) "District" means the Waller Town Center Management
19	19	District.
20	20	Sec. 3877.002. NATURE OF DISTRICT. The Waller Town Center
21	21	Management District is a special district created under Section 59,
22	22	Article XVI, Texas Constitution.
23	23	Sec. 3877.003. PURPOSE; DECLARATION OF INTENT. (a) The
24	24	creation of the district is essential to accomplish the purposes of
25	25	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
26	26	Texas Constitution, and other public purposes stated in this
27	27	chapter. By creating the district and in authorizing the City of
28	28	Waller, Harris County, and other political subdivisions to contract
29	29	with the district, the legislature has established a program to
30	30	accomplish the public purposes set out in Section 52-a, Article
31	31	III, Texas Constitution.
32	32	(b) The creation of the district is necessary to promote,
33	33	develop, encourage, and maintain employment, commerce,
34	34	transportation, housing, tourism, recreation, the arts,
35	35	entertainment, economic development, safety, and the public
36	36	welfare in the district.
37	37	(c) This chapter and the creation of the district may not be
38	38	interpreted to relieve Harris County from providing the level of
39	39	services provided, as of the effective date of the Act enacting this
40	40	chapter, to the area in the district. The district is created to
41	41	supplement and not to supplant the county services provided in the
42	42	area in the district.
43	43	Sec. 3877.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
44	44	The district is created to serve a public use and benefit.
45	45	(b) All land and other property included in the district
46	46	will benefit from the improvements and services to be provided by
47	47	the district under powers conferred by Sections 52 and 52-a,
48	48	Article III, and Section 59, Article XVI, Texas Constitution, and
49	49	other powers granted under this chapter.
50	50	(c) The creation of the district is in the public interest
51	51	and is essential to:
52	52	(1) further the public purposes of developing and
53	53	diversifying the economy of the state;
54	54	(2) eliminate unemployment and underemployment; and
55	55	(3) develop or expand transportation and commerce.
56	56	(d) The district will:
57	57	(1) promote the health, safety, and general welfare of
58	58	residents, employers, potential employees, employees, visitors,
59	59	and consumers in the district, and of the public;
60	60	(2) provide needed funding for the district to
61	61	preserve, maintain, and enhance the economic health and vitality of
62	62	the district territory as a community and business center;
63	63	(3) promote the health, safety, welfare, and enjoyment
64	64	of the public by providing pedestrian ways and by landscaping and
65	65	developing certain areas in the district, which are necessary for
66	66	the restoration, preservation, and enhancement of scenic beauty;
67	67	and
68	68	(4) provide for water, wastewater, drainage, road, and
69	69	recreational facilities for the district.
70	70	(e) Pedestrian ways along or across a street, whether at
71	71	grade or above or below the surface, and street lighting, street
72	72	landscaping, parking, and street art objects are parts of and
73	73	necessary components of a street and are considered to be a street
74	74	or road improvement.
75	75	(f) The district will not act as the agent or
76	76	instrumentality of any private interest even though the district
77	77	will benefit many private interests as well as the public.
78	78	Sec. 3877.005. INITIAL DISTRICT TERRITORY. (a) The
79	79	district is initially composed of the territory described by
80	80	Section 2 of the Act enacting this chapter.
81	81	(b) The boundaries and field notes contained in Section 2 of
82	82	the Act enacting this chapter form a closure. A mistake in the
83	83	field notes or in copying the field notes in the legislative process
84	84	does not affect the district's:
85	85	(1) organization, existence, or validity;
86	86	(2) right to issue any type of bond for the purposes
87	87	for which the district is created or to pay the principal of and
88	88	interest on the bond;
89	89	(3) right to impose or collect an assessment or tax; or
90	90	(4) legality or operation.
91	91	Sec. 3877.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
92	92	All or any part of the area of the district is eligible to be
93	93	included in:
94	94	(1) a tax increment reinvestment zone created under
95	95	Chapter 311, Tax Code;
96	96	(2) a tax abatement reinvestment zone created under
97	97	Chapter 312, Tax Code; or
98	98	(3) an enterprise zone created under Chapter 2303,
99	99	Government Code.
100	100	Sec. 3877.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
101	101	DISTRICTS LAW. Except as otherwise provided by this chapter,
102	102	Chapter 375, Local Government Code, applies to the district.
103	103	Sec. 3877.008. LIBERAL CONSTRUCTION OF CHAPTER. This
104	104	chapter shall be liberally construed in conformity with the
105	105	findings and purposes stated in this chapter.
106	106	[Sections 3877.009-3877.050 reserved for expansion]
107	107	SUBCHAPTER B. BOARD OF DIRECTORS
108	108	Sec. 3877.051. GOVERNING BODY; TERMS. (a) The district is
109	109	governed by a board of five elected directors.
110	110	(b) Except as provided by Section 3877.052, directors serve
111	111	staggered four-year terms, with two or three directors elected in
112	112	even-numbered years on the uniform election date in May prescribed
113	113	by the Election Code.
114	114	(c) Section 54.102, Water Code, applies to directors.
115	115	Section 375.063, Local Government Code, does not apply to
116	116	directors.
117	117	Sec. 3877.052. TEMPORARY DIRECTORS. (a) The initial
118	118	temporary board consists of:
119	119	Pos. No. Name of Director
120	120	1 Cindy Gayle
121	121	2 Wendell Halley
122	122	3 Larry Boudloche
123	123	4 John Isom
124	124	5 Jo Ann London
125	125	(b) The temporary directors shall hold an election to elect
126	126	five permanent directors.
127	127	(c) Temporary directors serve until the earlier of:
128	128	(1) the date permanent directors are elected under
129	129	Subsection (b); or
130	130	(2) the fourth anniversary of the effective date of
131	131	the Act enacting this chapter.
132	132	(d) If permanent directors have not been elected under
133	133	Subsection (b) and the terms of the temporary directors have
134	134	expired, successor temporary directors shall be appointed or
135	135	reappointed as provided by Subsection (e) to serve terms that
136	136	expire on the earlier of:
137	137	(1) the date permanent directors are elected under
138	138	Subsection (b); or
139	139	(2) the fourth anniversary of the date of the
140	140	appointment or reappointment.
141	141	(e) If Subsection (d) applies, the owner or owners of a
142	142	majority of the assessed value of the real property in the district
143	143	may submit a petition to the Texas Commission on Environmental
144	144	Quality requesting that the commission appoint as successor
145	145	temporary directors the five persons named in the petition. The
146	146	commission shall appoint as successor temporary directors the five
147	147	persons named in the petition.
148	148	Sec. 3877.053. COMPENSATION. A director is entitled to
149	149	receive fees of office and reimbursement for actual expenses as
150	150	provided by Section 49.060, Water Code. Sections 375.069 and
151	151	375.070, Local Government Code, do not apply to the board.
152	152	[Sections 3877.054-3877.100 reserved for expansion]
153	153	SUBCHAPTER C. POWERS AND DUTIES
154	154	Sec. 3877.101. DEVELOPMENT CORPORATION POWERS. The
155	155	district may exercise the powers given to a development corporation
156	156	under Chapter 505, Local Government Code, including the power to
157	157	own, operate, acquire, construct, lease, improve, or maintain a
158	158	project described by that section.
159	159	Sec. 3877.102. NONPROFIT CORPORATION. (a) The board by
160	160	resolution may authorize the creation of a nonprofit corporation to
161	161	assist and act for the district in implementing a project or
162	162	providing a service authorized by this chapter.
163	163	(b) The nonprofit corporation:
164	164	(1) has each power of and is considered for purposes of
165	165	this chapter to be a local government corporation created under
166	166	Chapter 431, Transportation Code; and
167	167	(2) may implement any project and provide any service
168	168	authorized by this chapter.
169	169	(c) The board shall appoint the board of directors of the
170	170	nonprofit corporation. The board of directors of the nonprofit
171	171	corporation shall serve in the same manner as the board of directors
172	172	of a local government corporation created under Chapter 431,
173	173	Transportation Code, except that a board member is not required to
174	174	reside in the district.
175	175	Sec. 3877.103. AGREEMENTS; GRANTS. (a) The district may
176	176	make an agreement with or accept a gift, grant, or loan from any
177	177	person.
178	178	(b) The implementation of a project is a governmental
179	179	function or service for the purposes of Chapter 791, Government
180	180	Code.
181	181	Sec. 3877.104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT.
182	182	To protect the public interest, the district may contract with a
183	183	qualified party, including Harris County or the City of Waller, for
184	184	the provision of law enforcement services in the district for a fee.
185	185	Sec. 3877.105. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
186	186	district may join and pay dues to a charitable or nonprofit
187	187	organization that performs a service or provides an activity
188	188	consistent with the furtherance of a district purpose.
189	189	Sec. 3877.106. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
190	190	district may establish and provide for the administration of one or
191	191	more programs to promote state or local economic development and to
192	192	stimulate business and commercial activity in the district,
193	193	including programs to:
194	194	(1) make loans and grants of public money; and
195	195	(2) provide district personnel and services.
196	196	(b) The district has all of the powers of a municipality
197	197	under Chapter 380, Local Government Code.
198	198	Sec. 3877.107. STRATEGIC PARTNERSHIP AGREEMENT. The
199	199	district may negotiate and enter into a written strategic
200	200	partnership with the City of Waller under Section 43.0751, Local
201	201	Government Code.
202	202	Sec. 3877.108. LIMITED EMINENT DOMAIN. (a) Section
203	203	375.094, Local Government Code, does not apply to the district.
204	204	(b) The district may exercise the power of eminent domain in
205	205	accordance with Section 49.222, Water Code.
206	206	(c) The district may not exercise the power of eminent
207	207	domain outside the district boundaries to acquire:
208	208	(1) a site for a water treatment plant, potable water
209	209	storage facility, wastewater treatment plant, or wastewater
210	210	disposal plant;
211	211	(2) a recreational facility as defined by Section
212	212	49.462, Water Code; or
213	213	(3) a site for a road project.
214	214	Sec. 3877.109. ANNEXATION OR EXCLUSION OF LAND. (a) The
215	215	district may annex land as provided by Subchapter J, Chapter 49,
216	216	Water Code.
217	217	(b) The district may exclude land as provided by Subchapter
218	218	J, Chapter 49, Water Code. Section 375.044(b), Local Government
219	219	Code, does not apply to the district.
220	220	[Sections 3877.110-3877.150 reserved for expansion]
221	221	SUBCHAPTER D. PUBLIC PARKING FACILITIES
222	222	Sec. 3877.151. PARKING FACILITIES AUTHORIZED; OPERATION BY
223	223	PRIVATE ENTITY; TAX EXEMPTION. (a) The district may acquire, lease
224	224	as lessor or lessee, construct, develop, own, operate, and maintain
225	225	parking facilities or a system of parking facilities, including:
226	226	(1) lots, garages, parking terminals, or other
227	227	structures or accommodations for parking motor vehicles off the
228	228	streets; and
229	229	(2) equipment, entrances, exits, fencing, and other
230	230	accessories necessary for safety and convenience in parking
231	231	vehicles.
232	232	(b) A parking facility of the district may be leased to, or
233	233	operated for the district by, an entity other than the district.
234	234	(c) The district's parking facilities are a program
235	235	authorized by the legislature under Section 52-a, Article III,
236	236	Texas Constitution.
237	237	(d) The district's parking facilities serve the public
238	238	purposes of the district and are owned, used, and held for a public
239	239	purpose even if leased or operated by a private entity for a term of
240	240	years.
241	241	(e) The district's public parking facilities and any lease
242	242	to a private entity are exempt from the payment of ad valorem taxes
243	243	and state and local sales and use taxes.
244	244	Sec. 3877.152. RULES. The district may adopt rules
245	245	covering its public parking system.
246	246	Sec. 3877.153. FINANCING OF PARKING FACILITIES. (a) The
247	247	district may use any of its resources, including revenue,
248	248	assessments, taxes, or grant or contract proceeds, to pay the cost
249	249	of acquiring or operating public parking facilities.
250	250	(b) The district may:
251	251	(1) set, charge, impose, and collect fees, charges, or
252	252	tolls for the use of the public parking facilities; and
253	253	(2) issue bonds or notes to finance the cost of these
254	254	facilities.
255	255	[Sections 3877.154-3877.200 reserved for expansion]
256	256	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
257	257	Sec. 3877.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The
258	258	board by resolution shall establish the number of directors'
259	259	signatures and the procedure required for a disbursement or
260	260	transfer of the district's money.
261	261	Sec. 3877.202. MONEY USED FOR IMPROVEMENTS OR SERVICES.
262	262	The district may acquire, construct, finance, operate, or maintain
263	263	any improvement or service authorized under this chapter or Chapter
264	264	375, Local Government Code, using any money available to the
265	265	district.
266	266	Sec. 3877.203. PETITION REQUIRED FOR FINANCING SERVICES AND
267	267	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
268	268	service or improvement project with assessments under this chapter
269	269	unless a written petition requesting that service or improvement
270	270	has been filed with the board.
271	271	(b) A petition filed under Subsection (a) must be signed by:
272	272	(1) the owners of a majority of the assessed value of
273	273	real property in the district subject to assessment according to
274	274	the most recent certified tax appraisal roll for Harris County; or
275	275	(2) at least 25 persons who own real property in the
276	276	district subject to assessment, if more than 25 persons own real
277	277	property in the district subject to assessment as determined by the
278	278	most recent certified tax appraisal roll for Harris County.
279	279	Sec. 3877.204. METHOD OF NOTICE FOR HEARING. The district
280	280	may mail the notice required by Section 375.115(c), Local
281	281	Government Code, by certified or first class United States mail.
282	282	The board shall determine the method of notice.
283	283	Sec. 3877.205. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
284	284	The board by resolution may impose and collect an assessment for any
285	285	purpose authorized by this chapter in all or any part of the
286	286	district.
287	287	(b) An assessment, a reassessment, or an assessment
288	288	resulting from an addition to or correction of the assessment roll
289	289	by the district, penalties and interest on an assessment or
290	290	reassessment, an expense of collection, and reasonable attorney's
291	291	fees incurred by the district:
292	292	(1) are a first and prior lien against the property
293	293	assessed;
294	294	(2) are superior to any other lien or claim other than
295	295	a lien or claim for county, school district, or municipal ad valorem
296	296	taxes; and
297	297	(3) are the personal liability of and a charge against
298	298	the owners of the property even if the owners are not named in the
299	299	assessment proceedings.
300	300	(c) The lien is effective from the date of the board's
301	301	resolution imposing the assessment until the date the assessment is
302	302	paid. The board may enforce the lien in the same manner that the
303	303	board may enforce an ad valorem tax lien against real property.
304	304	(d) The board may make a correction to or deletion from the
305	305	assessment roll that does not increase the amount of assessment of
306	306	any parcel of land without providing notice and holding a hearing in
307	307	the manner required for additional assessments.
308	308	Sec. 3877.206. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
309	309	ASSESSMENTS. The district may not impose an impact fee or
310	310	assessment on the property, including the equipment,
311	311	rights-of-way, facilities, or improvements, of:
312	312	(1) an electric utility or a power generation company
313	313	as defined by Section 31.002, Utilities Code;
314	314	(2) a gas utility as defined by Section 101.003 or
315	315	121.001, Utilities Code;
316	316	(3) a telecommunications provider as defined by
317	317	Section 51.002, Utilities Code; or
318	318	(4) a person who provides to the public cable
319	319	television or advanced telecommunications services.
320	320	Sec. 3877.207. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
321	321	Section 375.161, Local Government Code, does not apply to a tax
322	322	imposed by the district.
323	323	Sec. 3877.208. OPERATION AND MAINTENANCE TAX. (a) If
324	324	authorized at an election held in accordance with Section 3877.212,
325	325	the district may impose an operation and maintenance tax on taxable
326	326	property in the district in accordance with Section 49.107, Water
327	327	Code, for any district purpose, including to:
328	328	(1) maintain and operate the district;
329	329	(2) construct or acquire improvements; or
330	330	(3) provide a service.
331	331	(b) The board shall determine the tax rate. The rate may not
332	332	exceed the rate approved at the election.
333	333	(c) Section 49.107(h), Water Code, does not apply to the
334	334	district.
335	335	Sec. 3877.209. CONTRACT TAXES. (a) In accordance with
336	336	Section 49.108, Water Code, the district may impose a tax other than
337	337	an operation and maintenance tax and use the revenue derived from
338	338	the tax to make payments under a contract after the provisions of
339	339	the contract have been approved by a majority of the district voters
340	340	voting at an election held for that purpose.
341	341	(b) A contract approved by the district voters may contain a
342	342	provision stating that the contract may be modified or amended by
343	343	the board without further voter approval.
344	344	Sec. 3877.210. AUTHORITY TO BORROW MONEY AND TO ISSUE
345	345	BONDS. (a) The district may borrow money on terms and conditions
346	346	as determined by the board. Section 375.205, Local Government
347	347	Code, does not apply to a loan, line of credit, or other borrowing
348	348	from a bank or financial institution secured by revenue other than
349	349	ad valorem taxes.
350	350	(b) The district may issue bonds, notes, or other
351	351	obligations payable wholly or partly from ad valorem taxes, sales
352	352	and use taxes, assessments, impact fees, revenue, contract
353	353	payments, grants, or other district money, or any combination of
354	354	those sources of money, to pay for any authorized district purpose.
355	355	(c) The limitation on the outstanding principal amount of
356	356	bonds, notes, and other obligations provided by Section 49.4645,
357	357	Water Code, does not apply to the district.
358	358	Sec. 3877.211. TAXES FOR BONDS. At the time the district
359	359	issues bonds payable wholly or partly from ad valorem taxes, the
360	360	board shall provide for the annual imposition of a continuing
361	361	direct ad valorem tax, without limit as to rate or amount, while all
362	362	or part of the bonds are outstanding as required and in the manner
363	363	provided by Sections 54.601 and 54.602, Water Code.
364	364	Sec. 3877.212. ELECTIONS REGARDING TAXES AND BONDS. (a)
365	365	The district may issue, without an election, bonds, notes, and
366	366	other obligations secured by:
367	367	(1) revenue other than ad valorem taxes; or
368	368	(2) contract payments described by Section 3877.209.
369	369	(b) The district must hold an election in the manner
370	370	provided by Subchapter L, Chapter 375, Local Government Code, to
371	371	obtain voter approval before the district may impose an ad valorem
372	372	tax or sales and use tax or issue bonds payable from ad valorem
373	373	taxes.
374	374	(c) Section 375.243, Local Government Code, does not apply
375	375	to the district.
376	376	(d) All or any part of any facilities or improvements that
377	377	may be acquired by a district by the issuance of district bonds may
378	378	be included in one single proposition to be voted on at the election
379	379	or the bonds may be submitted in several propositions.
380	380	Sec. 3877.213. COMPETITIVE BIDDING. Subchapter I, Chapter
381	381	49, Water Code, applies to the district. Subchapter K, Chapter 375,
382	382	Local Government Code, does not apply to the district.
383	383	Sec. 3877.214. TAX AND ASSESSMENT ABATEMENTS. The district
384	384	may grant in the manner authorized by Chapter 312, Tax Code, an
385	385	abatement for a tax or assessment owed to the district.
386	386	[Sections 3877.215-3877.250 reserved for expansion]
387	387	SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED
388	388	PROPERTY
389	389	Sec. 3877.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR
390	390	DESIGNATED PROPERTY. The district may define areas or designate
391	391	certain property of the district to pay for improvements,
392	392	facilities, or services that primarily benefit that area or
393	393	property and do not generally and directly benefit the district as a
394	394	whole.
395	395	Sec. 3877.252. PROCEDURE FOR ELECTION. (a) Before the
396	396	district may impose an ad valorem tax or issue bonds payable from ad
397	397	valorem taxes of the defined area or designated property, the board
398	398	shall hold an election in the defined area or within the boundaries
399	399	of the designated property only.
400	400	(b) The election shall be conducted as provided by Section
401	401	3877.212.
402	402	(c) The board may submit the issues to the voters on the same
403	403	ballot to be used in another election.
404	404	Sec. 3877.253. DECLARING RESULT AND ISSUING ORDER. (a) If
405	405	a majority of the voters voting at the election approve the
406	406	proposition or propositions, the board shall declare the results
407	407	and, by order, shall establish the defined area and describe it by
408	408	metes and bounds or designate the specific property.
409	409	(b) The board's order is not subject to judicial review
410	410	except on the ground of fraud, palpable error, or arbitrary and
411	411	confiscatory abuse of discretion.
412	412	Sec. 3877.254. TAXES FOR IMPROVEMENTS AND FACILITIES IN
413	413	DEFINED AREAS OR DESIGNATED PROPERTY. On voter approval and
414	414	adoption of the order described in Section 3877.253, the district
415	415	may apply separately, differently, equitably, and specifically its
416	416	taxing power and lien authority to the defined area or designated
417	417	property to provide money to construct, administer, maintain, and
418	418	operate services, improvements, and facilities that primarily
419	419	benefit the defined area or designated property.
420	420	Sec. 3877.255. ISSUANCE OF BONDS AND LEVY OF TAXES FOR
421	421	DEFINED AREA OR DESIGNATED PROPERTY. After the order under Section
422	422	3877.253 is adopted, the district may issue bonds to provide for any
423	423	land, improvements, facilities, plants, equipment, and appliances
424	424	for the defined area or designated property.
425	425	[Sections 3877.256-3877.300 reserved for expansion]
426	426	SUBCHAPTER G. SALES AND USE TAX
427	427	Sec. 3877.301. MEANINGS OF WORDS AND PHRASES. Words and
428	428	phrases used in this subchapter that are defined by Chapters 151 and
429	429	321, Tax Code, have the meanings assigned by Chapters 151 and 321,
430	430	Tax Code.
431	431	Sec. 3877.302. APPLICABILITY OF CERTAIN TAX CODE
432	432	PROVISIONS. (a) Except as otherwise provided by this subchapter,
433	433	Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code,
434	434	apply to taxes imposed under this subchapter and to the
435	435	administration and enforcement of those taxes in the same manner
436	436	that those laws apply to state taxes.
437	437	(b) Chapter 321, Tax Code, relating to municipal sales and
438	438	use taxes, applies to the application, collection, change, and
439	439	administration of a sales and use tax imposed under this subchapter
440	440	to the extent consistent with this chapter, as if references in
441	441	Chapter 321, Tax Code, to a municipality referred to the district
442	442	and references to a governing body referred to the board.
443	443	(c) Sections 321.106, 321.401, 321.402, 321.403, 321.404,
444	444	321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not
445	445	apply to a tax imposed under this subchapter.
446	446	Sec. 3877.303. AUTHORIZATION; ELECTION. (a) The district
447	447	may adopt a sales and use tax to serve the purposes of the district
448	448	after an election in which a majority of the voters of the district
449	449	voting in the election authorize the adoption of the tax.
450	450	(b) The board by order may call an election to authorize a
451	451	sales and use tax. The election may be held with any other district
452	452	election.
453	453	(c) The district shall provide notice of the election and
454	454	shall hold the election in the manner prescribed by Section
455	455	3877.212.
456	456	(d) The ballots shall be printed to provide for voting for
457	457	or against the proposition: "Authorization of a sales and use tax
458	458	in the Waller Town Center Management District at a rate not to
459	459	exceed ___ percent."
460	460	Sec. 3877.304. ABOLISHING SALES AND USE TAX. (a) Except as
461	461	provided by Subsection (b), the board may abolish the sales and use
462	462	tax without an election.
463	463	(b) The board may not abolish the sales and use tax if the
464	464	district has outstanding debt secured by the tax.
465	465	Sec. 3877.305. SALES AND USE TAX RATE. (a) On adoption of
466	466	the tax authorized by this subchapter, there is imposed a tax on the
467	467	receipts from the sale at retail of taxable items within the
468	468	district, and an excise tax on the use, storage, or other
469	469	consumption in the district of taxable items purchased, leased, or
470	470	rented from a retailer in the district during the period that the
471	471	tax is in effect.
472	472	(b) The board shall determine the rate of the tax, which may
473	473	be in one-eighth of one percent increments not to exceed the maximum
474	474	rate authorized by the district voters at the election. The board
475	475	may lower the tax rate to the extent it does not impair any
476	476	outstanding debt or obligations payable from the tax.
477	477	(c) The rate of the excise tax is the same as the rate of the
478	478	sales tax portion of the tax and is applied to the sales price of the
479	479	taxable item.
480	480	[Sections 3877.306-3877.350 reserved for expansion]
481	481	SUBCHAPTER H. MUNICIPAL ANNEXATION AND DISSOLUTION
482	482	Sec. 3877.351. MUNICIPAL ANNEXATION; DISSOLUTION. (a)
483	483	Section 43.071, Local Government Code, applies to the district and
484	484	the district is a "water or sewer district" for purposes of that
485	485	section.
486	486	(b) Section 43.075, Local Government Code, applies to the
487	487	district.
488	488	(c) Section 375.264, Local Government Code, does not apply
489	489	to the dissolution of the district by a municipality.
490	490	SECTION 2. The Waller Town Center Management District
491	491	initially includes all territory contained in the following area:
492	492	TRACT 1:
493	493	Fieldnotes for 166.7194 acres of land out of Lots 1, 2, 3, 4,
494	494	7 and 8, Section 9 of the Harris County School Land Survey, Abstract
495	495	No. 332, in Harris County, Texas, the map or plat thereof recorded
496	496	in Volume 17, Page 222 of the Deed Records of Harris County, being
497	497	comprised of that certain 38.7594 acre tract, that certain 31.8519
498	498	acre tract, and that certain 96.1081 acre tract of land conveyed to
499	499	Peter S. Terpstra, Trustee, as described in deeds recorded under
500	500	County Clerk's File No(s). 20060189400, 20060246634, and
501	501	20060246637, respectively, of the Real Property Records of Harris
502	502	County, said 166.7194 acres of land being more particularly
503	503	described by metes and bounds as follows:
504	504	BEGINNING at a 5/8 inch steel rod set in the South line of
505	505	F.M. Highway No. 2920, based on a 100 foot right-of-way, at its
506	506	intersection with the West line of Binford Road, based on a 66 foot
507	507	right-of-way, said point being the Northeast corner of the said
508	508	96.1081 acre tract and the herein described tract, from which
509	509	point, the Northeast corner of that certain 160.33 acre tract of
510	510	land conveyed to Doud Jordan Wible, et ux, as described in deed
511	511	recorded in Volume 1572, Page 378 of the Deed Records of Harris
512	512	County bears North 0242'53" West, 17.80 feet;
513	513	Thence, South 0242'53" East, 193.20 feet with the West line
514	514	of said Binford Road and the common East line of the said 96.1081
515	515	acre tract to a 5/8 inch steel rod set for an exterior ell corner of
516	516	the herein described tract, said point being the Northeast corner
517	517	of that certain 0.9922 acre tract of land conveyed to Delta Troy
518	518	Interests, LTD., and described as Tract 5 in deed recorded under
519	519	County Clerk's File No. W201253 of the said Real Property Records;
520	520	Thence, South 8938'51" West, 208.00 feet with the North line
521	521	of the said 0.9922 acre tract and the common line of the said
522	522	96.1081 acre tract to a 5/8 inch steel rod set for the Northwest
523	523	corner of the said 0.9922 acre tract and an interior ell corner of
524	524	the herein described tract;
525	525	Thence, South 0242'53" East, 208.00 feet with the West line
526	526	of the said 0.9922 acre tract and the common line of the said
527	527	96.1081 acre tract to a 5/8 inch steel rod set for the Southwest
528	528	corner of the said 0.9922 acre tract and a second interior ell
529	529	corner of the herein described tract;
530	530	Thence, North 8938'51" East, 208.00 feet with the South line
531	531	of the said 0.9922 acre tract and the common line of the said
532	532	96.1081 acre tract to a 5/8 inch steel rod set in the West line of
533	533	said Binford Road for the Southeast corner of the said 0.9922 acre
534	534	tract and a second exterior ell corner of the herein described
535	535	tract;
536	536	Thence, South 0242'53" East, 1693.50 feet with the West line
537	537	of said Binford Road and the common East line of the said 96.1081
538	538	acre tract to a 5/8 inch steel rod set at an angle point, said point
539	539	being the Southeast corner of the said 96.1081 acre tract and the
540	540	Northeast corner of the aforesaid 31.8519 acre tract;
541	541	Thence, continuing with the West line of said Binford Road
542	542	and the common East line of the said 31.8519 acre tract, South
543	543	0359'32" West, 370.87 feet to a 5/8 inch steel rod set at the North
544	544	end of a cut-back line for U.S. Highway No. 290 (right-of-way varies
545	545	at this point), for the most Easterly Southeast corner of the said
546	546	31.8519 acre tract and the herein described tract, said point being
547	547	the Northeast corner of that certain 1.690 acre tract of land
548	548	conveyed to the State of Texas (for highway widening purposes), as
549	549	described in deed recorded under County Clerk's File No. R244269 of
550	550	the said Real Property Records;
551	551	Thence, South 5626'00" West, 96.58 feet with the said
552	552	cut-back line and the Northerly line of the said 1.690 acre tract
553	553	and said U.S. Highway No. 290 to a 5/8 inch steel rod with aluminum
554	554	(TxDOT) disk found at the Southerly end of the said cut-back line
555	555	marking the most Southerly Southeast corner of the said 31.8519
556	556	acre tract and the herein described tract;
557	557	Thence, North 7039'12" West (basis bearing), 307.31 feet
558	558	with the Northeasterly line of the said 1.690 acre tract and said
559	559	U.S. Highway No. 290, and the Southwesterly line of the said 31.8519
560	560	acre tract to a 5/8 inch steel rod set at a point of curve to the
561	561	left, having a radius of 1963.86 feet and a central angle of
562	562	1231'54";
563	563	Thence, continuing with the Northeasterly line of the said
564	564	1.690 acre tract and said U.S. Highway No. 290, and the
565	565	Southwesterly line of the said 31.8519 acre tract, and with the said
566	566	curve to the left having a radius of 1963.86 feet (chord bearing
567	567	North 7655'09" West, 428.68 feet), an arc distance of 429.53 feet
568	568	to a 5/8 inch steel rod set at a point of reverse curve to the right,
569	569	having a radius of 1855.86 feet and a central angle of 0947'55";
570	570	Thence, continuing with the Northeasterly line of the said
571	571	1.690 acre tract and said U.S. Highway No. 290, and the
572	572	Southwesterly line of the said 31.8519 acre tract, and with the said
573	573	curve to the right having a radius of 1855.86 feet (chord bearing
574	574	North 7817'08" West, 317.00 feet), an arc distance of 317.39 feet
575	575	to a 5/8 inch steel rod set at a point of tangency;
576	576	Thence, continuing with the Northeasterly line of said U.S.
577	577	Highway No. 290, and the common Southwesterly line of the said
578	578	31.8519 acre tract, North 7039'12" West, 1607.90 feet to a 5/8 inch
579	579	steel rod set in the West line of said Lot 7 and the East line of
580	580	adjacent Lot 6 of said Section 9, for the Southwest corner of the
581	581	said 31.8519 acre tract and the herein described tract, said point
582	582	also being the Southeast corner of that certain 4.453 acre tract of
583	583	land conveyed to Palm Harbor Homes I, L.P., as described as Parcel 1
584	584	in deed recorded under County Clerk's File No. T494925 of the said
585	585	Real Property Records, from which point, a found 5/8 inch steel rod
586	586	bears North 2446' East, 0.94 feet;
587	587	Thence, North 0228'20" West, 420.75 feet with the East line
588	588	of the said 4.453 acre tract, and the West line of the said 31.8519
589	589	acre tract to an angle iron found marking the Northeast corner of
590	590	the said 4.453 acre tract and an interior ell corner of the herein
591	591	described tract, said point also being the Southeast corner of the
592	592	aforesaid 38.7594 acre tract;
593	593	Thence, South 8811'03" West with the North line of the said
594	594	4.453 acre tract and the South line of the said 38.7594 acre tract,
595	595	at 667.84 feet passing the Northwest corner of the said 4.453 acre
596	596	tract and the Northeast corner of that certain 11.15 acre (residue)
597	597	tract of land conveyed to Leerie J. Hakemack, as described in deed
598	598	recorded in Volume 5204, Page 604 of the said Deed Records, and
599	599	continuing with the North line of the said 11.15 acre tract in all,
600	600	a total distance of 1081.99 feet to a 1 inch galvanized steel pipe
601	601	set in the Northeast line of U.S. Highway No. 290 (320.0 feet wide
602	602	at this point) for and angle point, said point being the most
603	603	Easterly corner of that certain 0.083 acre tract of land conveyed to
604	604	the State of Texas, as described in deed recorded in Volume 7313,
605	605	Page 528 of the said Deed Records;
606	606	Thence, North 7039'12" West, 156.99 feet with the
607	607	Northeasterly line of said U.S. Highway No 290 and the
608	608	Southwesterly line of the said 38.7594 acre tract to a 1 1/4 inch
609	609	galvanized steel pipe found marking the most Southerly Southwest
610	610	corner of the said 38.7594 acre tract and the herein described
611	611	tract, said point being the Northwest corner of the said 0.083 acre
612	612	tract, said point also being in the East line of that certain 8.015
613	613	acre (residue) tract of land conveyed to Anita Miller as described
614	614	in Probate Cause No. 89374 of the Probate Records of Harris County;
615	615	Thence, North 0230'48" West, 591.33 feet with the East line
616	616	of the said 8.015 acre tract and the West line of the said 38.7594
617	617	acre tract to a 1 1/4 galvanized steel pipe found marking an
618	618	interior ell corner of the said 38.7594 acre tract and the herein
619	619	described tract, said point being the Northeast corner of the said
620	620	8.015 acre tract;
621	621	Thence, South 8812'09" West with the North line of the said
622	622	8.015 acre tract and Southerly line of the said 38.7594 acre tract,
623	623	at 192.5 feet passing a found 1 1/4 galvanized steel pipe, and
624	624	continuing in all, a total distance of 201.10 feet to a 4 inch
625	625	square concrete monument found marking the most Westerly Southwest
626	626	corner of the said 38.7594 acre tract and the herein described
627	627	tract, said point also being the Southeast corner of that certain
628	628	(called) 9.216 acre tract of land conveyed to Love's Country
629	629	Stores, Inc., as described in deed recorded under County Clerk's
630	630	File No. U693047 of the said Real Property Records;
631	631	Thence, North 0141'39" West with the East line of the said
632	632	9.216 acre tract and the West line of the said 38.7594 acre tract,
633	633	at 614.92 feet passing a found 1 1/4 galvanized steel pipe, at
634	634	616.72 feet passing a found 3/8 inch steel rod with cap (described
635	635	by deed as the Northeast corner of the said 9.216 acre tract), and
636	636	continuing in all, a total distance of 626.42 feet to a 5/8 inch
637	637	steel rod set in the South line of said F.M. Highway No. 2920 for the
638	638	Northwest corner of the said 38.7594 acre tract and the herein
639	639	described tract, said point being the Southwest corner of that
640	640	certain 0.580 acre tract of land conveyed to the State of Texas (for
641	641	widening purposes), as described in deed recorded under County
642	642	Clerk's File No. C774289 (Vol. 7332, Pg. 137) of the said Real
643	643	Property Records, said point also being in a non-tangent curve to
644	644	the right, having a radius of 1909.86 feet and a central angle of
645	645	0329'08";
646	646	Thence, in an Easterly direction, with the South line of said
647	647	F.M. Highway No. 2920 and the said 0.580 acre tract, and the North
648	648	line of the said 38.7594 acre tract, and with the said curve to the
649	649	right having a radius of 1909.86 feet (chord bearing North 8629'17"
650	650	East, 116.17 feet), an arc distance of 116.19 feet to a 5/8 inch
651	651	steel rod set at a point of tangency, from which point, a 4 inch
652	652	square concrete monument (found in the North line of F.M. Highway
653	653	No. 2920) bears North 0146'09" West, 100.0 feet;
654	654	Thence, continuing with the South line of said F.M. Highway
655	655	No. 2920 and the said 0.580 acre tract, and the North line of the
656	656	said 38.7594 acre tract, North 8813'51" East, at 1304.61 feet
657	657	passing a 5/8 inch steel rod found marking the Northeast corner of
658	658	the said 38.7594 acre tract and the Northwest corner of the
659	659	aforesaid 96.1081 acre tract, and continuing with the North line of
660	660	the said 96.1081 acre tract in al, a total distance of 1428.59 feet
661	661	to a 5/8 inch steel rod set at a point of curve to the right, having
662	662	a radius of 11409.30 feet and a central angle of 0125'00";
663	663	Thence, continuing with the South line of said F.M. Highway
664	664	No. 2920 and the common North line of the said 96.1081 acre tract,
665	665	and with the said curve to the right having a radius of 11409.30
666	666	feet (chord bearing North 8856'21" East, 282.09 feet), an arc
667	667	distance of 282.10 feet to a 5/8 inch steel rod found at a point of
668	668	tangency;
669	669	Thence, continuing with the South line of said F.M. Highway
670	670	No. 2920 and the common North line of the said 96.1081 acre tract,
671	671	North 8938'51" East, 2048.75 feet to a 5/8 inch steel rod set at a
672	672	point of curve to the left, having a radius of 11509.30 feet and a
673	673	central angle of 0047'59";
674	674	Thence, continuing with the South line of said F.M. Highway
675	675	No. 2920 and the common North line of the said 96.1081 acre tract,
676	676	and with the said curve to the left having a radius of 11509.30 feet
677	677	(chord bearing North 8914'52" East, 160.64 feet), an arc distance
678	678	of 160.64 feet to the PLACE OF BEGINNING and containing 166.7194
679	679	acres or 7,262,296 square feet of land, more or less.
680	680	TRACT 2:
681	681	Fieldnotes for 12.4147 acres of land out of Lot 7 and Lot 8,
682	682	Section 9 of the Harris County School Lands Survey, Abstract No.
683	683	332, in Harris County, Texas, the map or plat thereof recorded in
684	684	Volume 17, Page 222 of the Deed Records of Harris County, being out
685	685	of and a part of that certain 160.33 acre tract of land conveyed to
686	686	Doud Jordan Wible, et ux, as described in deed recorded in Volume
687	687	1572, Page 378 of the said Deed Records, and being further out of
688	688	and a part of that certain 12.4518 acre tract of land conveyed to
689	689	E.F. Davidson, et al, and described as Tract No. 2 in deed recorded
690	690	under County Clerk's File No. J170095 of the Real Property Records
691	691	of Harris County, said 12.4147 acres of land being more
692	692	particularly described by metes and bounds as follows:
693	693	BEGINNING at a 1 inch galvanized steel pipe, found in a
694	694	hog-wire fence line, marking the Southwest corner of said Lot 7, the
695	695	said 160.33 acre tract, the said 12.4518 acre tract, and the herein
696	696	described tract, said point being in the East line of that certain
697	697	11.15 acre tract of land conveyed to L.J. Hakemack, et ux, as
698	698	described in deed recorded under County Clerk's File No. P056681 of
699	699	the said Real Property Records, said point also being the Northwest
700	700	corner of adjacent Lot 10 of said Section 9 and that certain
701	701	257.2309 acre tract of land conveyed to Delta Troy Interests, LTD.,
702	702	and described as Tract 1 in deed recorded under County Clerk's File
703	703	No. W201253 of the said Real Property Records;
704	704	Thence, North 0236'20" West (called North 0011'21" West in
705	705	11.15 acre deed) with the East line of the said 11.15 acre tract and
706	706	the West line of said Lot 7, the said 160.33 acre tract, and the said
707	707	12.4518 acre tract, and generally along a hog-wire fence line, at
708	708	642.3 feet passing the Northeast corner of the said 11.15 acre tract
709	709	and the Southeast corner of a 60 foot wide roadway (private),
710	710	described as an easement for ingress and egress in partition deed
711	711	recorded in Volume 3300, Page 484 of the said Deed Records, and
712	712	continuing with the East line of said 60 foot wide roadway in all, a
713	713	total distance of 663.44 feet to a 3/4 inch steel rod set in the
714	714	Southwesterly line of U.S. Highway No. 290, based on a 320 foot
715	715	right-of-way, for the Northwest corner of the said 12.4518 acre
716	716	tract and the herein described tract, from which point, a found 5/8
717	717	inch steel rod bears North 0129' West, 1.17 feet;
718	718	Thence, South 7039'12" East, 1631.76 feet with the
719	719	Southwesterly line of said U.S. Highway No. 290 and the
720	720	Northeasterly line of the said 12.4518 acre tract to a 5/8 inch
721	721	steel rod with aluminum (TxDOT) disk found at a point of curve to
722	722	the right, having a radius of 1855.86 feet and a central angle of
723	723	0320'06", said point being the most Westerly corner of that certain
724	724	458 square foot tract of land conveyed to the State of Texas (for
725	725	highway widening purposes), as described in deed recorded under
726	726	County Clerk's File No. R244268 of the said Real Property Records;
727	727	Thence, in a Southeasterly direction, with the Southwesterly
728	728	line of said U.S. Highway No. 290 and the said 458 square foot
729	729	tract, and with the said curve to the right having a radius of
730	730	1855.86 feet (chord bearing South 6623'40" East, 108.01 feet), an
731	731	arc distance of 108.02 feet to a 5/8 inch steel rod set in the South
732	732	line of aforesaid Lot 8, the said 160.33 acre tract and the said
733	733	12.4518 acre tract for the most Easterly or Southeast corner of the
734	734	herein described tract, said point being the Southwest corner of
735	735	the said 458 square foot tract and the most Westerly corner of that
736	736	certain 1.672 acre tract of land conveyed to the State of Texas (for
737	737	highway widening purposes), as described in deed recorded under
738	738	County Clerk's File No. R276494 of the said Real Property Records,
739	739	said point also being in the North line of adjacent Lot 9 of said
740	740	Section 9 and the aforesaid 257.2309 acre tract;
741	741	Thence, South 8711'26" West (called South 8732'13" West in
742	742	257.2309 acre deed), 1610.36 feet with the North line of the said
743	743	257.2309 acre tract and the common South line of the said 12.4518
744	744	acre tract, and generally along the line of an old down barbed-wire
745	745	fence to the PLACE OF BEGINNING and containing 12.4147 acres or
746	746	540,786 square feet of land, more or less.
747	747	TRACT 3:
748	748	Fieldnotes for 107.6370 acres of land out of Lots 3, 4, 5, 6,
749	749	11, 12, and 14, Section 10 of the Harris County School Land Survey,
750	750	Abstract No. 332, in Harris County, Texas, the map or plat thereof
751	751	recorded in Volume 17, Page 222 of the Deed Records of Harris
752	752	County, being out of and a part of that certain tract of land
753	753	conveyed to Boris & Margaret Payan Family Partnership, and
754	754	described as the residue of 109.9186 acres of land in correction
755	755	deed recorded under County Clerk's File No. T324010 of the Real
756	756	Property Records of Harris County, said 107.6370 acres of land
757	757	being more particularly described by metes and bounds as follows:
758	758	COMMENCING at a 5/8 inch steel rod found in the South line of
759	759	F.M. Highway No. 2920, based on a 100 foot right-of-way, at its
760	760	intersection with the West line of Kickapoo Road, based on a 66 foot
761	761	right-of-way, said point being the Northeast corner of that certain
762	762	tract of land conveyed to Delta Troy Interests, Ltd., and described
763	763	as the residue of 393.3575 acres of land in deed recorded under
764	764	County Clerk's File No. W201253 of the said Real Property Records,
765	765	from which point, a found 4" x 4" concrete monument bears South
766	766	8935' West, 3.9 feet;
767	767	Thence, South 8741'31" West, 3335.39 feet with the South line
768	768	of said F.M. Highway No. 2920 and the common North line of the said
769	769	393.3575 acre tract to a 5/8 inch steel rod set for the Northeast
770	770	corner and PLACE OF BEGINNING of the said 109.9186 acre tract and
771	771	the herein described tract;
772	772	Thence, South 0218'29" East, 3638.43 feet (called South
773	773	0217'36" East, 3639.80 feet in vesting deed) with the East line of
774	774	the said 109.9186 acre tract to a 5/8 inch steel rod set in the
775	775	Southwesterly line of the said 393.3575 acre tract and the
776	776	Northeasterly line of State Highway No. 290, based on a 320 foot
777	777	right-of-way, for the Southeast corner of the said 109.9186 acre
778	778	tract and the herein described tract, said point being in the arc of
779	779	a non-tangent curve to the left, having a radius of 7799.44 feet and
780	780	a central angle of 0835'22";
781	781	Thence, in a Northwesterly direction, with the Northeasterly
782	782	line of said U.S. Highway No. 290 and the common Southwesterly line
783	783	of the said 109.9186 acre tract, and with the said curve to the left
784	784	having a radius of 7799.44 feet (chord bearing North 6300'09" West,
785	785	1168.15 feet), an arc distance of 1169.24 feet to a 5/8 inch steel
786	786	rod set at a point of non-tangent curve to the left, having a radius
787	787	of 2013.86 feet and a central angle of 2216'29", said point also
788	788	being the most Easterly corner of that certain 1.0459 acre tract of
789	789	land conveyed to the State of Texas (for highway widening purposes)
790	790	as described in deed recorded under County Clerk's File No. T324011
791	791	of the said Real Property Records;
792	792	Thence, continuing with the Northeasterly line of said U.S.
793	793	Highway No. 290 and the said 1.0459 acre tract, and with the said
794	794	curve to the left having a radius of 2013.86 feet (chord bearing
795	795	North 5930'58" West, 778.00 feet), an arc distance of 782.92 feet
796	796	to a 5/8 inch steel rod set at a point of tangency;
797	797	Thence, continuing with the Northeasterly line of said U.S.
798	798	Highway No. 290 and the said 1.0459 acre tract, North 7039'12"
799	799	West, 237.97 feet to a 5/8 inch steel rod set at a cut-back for
800	800	Binford Road, said point being the most Westerly or Northwest
801	801	corner of the said 1.0459 acre tract, said point also being in the
802	802	Northeasterly line of that certain 1.235 acre tract of land
803	803	conveyed to the State of Texas, as described in deed recorded under
804	804	County Clerk's File No. R276486 of the said Real Property Records;
805	805	Thence, North 3036'06" West, 17.66 feet with the
806	806	Northeasterly line of the said 1.235 acre tract and the said
807	807	cut-back line to a 5/8 inch steel rod set in the East line of said
808	808	Binford Road (right-of-way varies at this point) and the West line
809	809	of the said 109.9186 acre tract for an angle point, said point being
810	810	the most Westerly or Northwest corner of the said 1.235 acre tract;
811	811	Thence, North 0902'53" West (called North 0902'34" West in
812	812	vesting deed), 452.64 feet with the East line of said Binford Road
813	813	and the common West line of the said 109.9186 acre tract to a 5/8
814	814	inch steel rod set for an angle point (right-of-way 66 feet wide at
815	815	this point), from which point, a 5/8 inch steel rod found in
816	816	concrete bears South 8100' East, 0.53 feet;
817	817	Thence, North 0242'53" West, 793.61 feet (called North
818	818	0241'16" West, 731.85 feet in vesting deed) with the East line of
819	819	said Binford Road and the common West line of the said 109.9186 acre
820	820	tract to a 5/8 inch steel rod set for the most Westerly Northwest
821	821	corner of the herein described tract, said point being the
822	822	Southwest corner of that certain 29.6849 acre tract of land
823	823	conveyed to Jesse B. Heath, Jr., Trustee, as described in deed
824	824	recorded under County Clerk's File No. J741028 of the said Real
825	825	Property Records;
826	826	Thence, North 8741'31" East, 990.77 feet (called North
827	827	8742'24" East, 991.05 feet in vesting deed and 29.6849 acre deed)
828	828	with the South line of the said 29.6849 acre tract and the common
829	829	line of the said 109.9186 acre tract to a 5/8 inch steel rod set for
830	830	an interior ell corner of the herein described tract, said point
831	831	being the Southeast corner of the said 29.6849 acre tract;
832	832	Thence, North 0218'29" West (called North 0217'36" West in
833	833	vesting deed and 29.6849 acre deed), 1298.83 feet to a 5/8 inch
834	834	steel rod set in the South line of said F.M. Highway No. 2920 for the
835	835	most Northerly Northwest corner of the said 109.9186 acre tract and
836	836	the herein described tract, said point being the Northeast corner
837	837	of the said 29.6849 acre tract;
838	838	Thence, North 8741'31" East (called North 8742'24" East in
839	839	vesting deed), 970.20 feet with the South line of said F.M. Highway
840	840	No. 2920 and the common North line of the said 109.9186 acre tract
841	841	to the PLACE OF BEGINNING and containing 107.6370 acres or
842	842	4,688,669 square feet of land, more or less.
843	843	TRACT 4:
844	844	Fieldnotes for 8.9032 acres of land out of Lot 4 and Lot 5,
845	845	Section 10 of the Harris County School Land Survey, Abstract No.
846	846	332, in Harris County, Texas, the map or plat thereof recorded in
847	847	Volume 17, Page 222 of the Deed Records of Harris County, being out
848	848	of and a part of that certain 29.6849 acre tract of land conveyed to
849	849	Jesse B. Heath, Jr., Trustee, as described in general warranty deed
850	850	recorded under County Clerk's File No. J741028 of the Real Property
851	851	Records of Harris County, and being that same (called) 8.906 acre
852	852	tract of land conveyed to Paul Wilkerson and Eva Grant, as described
853	853	in deed recorded under County Clerk's File No. X407844 of the said
854	854	Real Property Records, said 8.9032 acres of land being more
855	855	particularly described by metes and bounds as follows:
856	856	COMMENCING at a 1 inch steel rod set in the South line of F.M.
857	857	Highway No. 2920, based on a 100 foot right-of-way, at its
858	858	intersection with the East line of Binford Road, based on a 66 foot
859	859	right-of-way, said point being the Northwest corner of the said
860	860	29.6849 acre tract, said point also being in the arc of a curve to
861	861	the left, having a radius of 11509.30 and a central angle of
862	862	0048'18", from which point, a found 4" x 4" concrete monument bears
863	863	South 57 East, 1.25 feet and a found 5/8 inch steel rod bears South
864	864	59 East, 1.79 feet;
865	865	Thence, South 0242'53" East, 909.10 feet with the East line
866	866	of said Binford Road and the West line of the said 29.6849 acre
867	867	tract to a 3/4 inch steel rod set for the Northwest corner and PLACE
868	868	OF BEGINNING of the said 8.906 acre tract and the herein described
869	869	tract, said point also being the Southwest corner of a 20.7774 acre
870	870	tract of land previously conveyed, from which point, a found 5/8
871	871	inch steel rod bears South 0852' East, 2.1 feet;
872	872	Thence, North 8741'31" East, 993.55 feet with the South line
873	873	of the said 20.7774 acre tract to a 3/4 inch steel rod set in the
874	874	East line of the said 29.6849 acre tract for the Northeast corner of
875	875	the herein described tract, said point being in the Westerly line of
876	876	a 107.6370 acre tract of land previously conveyed, from which
877	877	point, a found 5/8 inch steel rod bears South 1841' East, 1.9 feet;
878	878	Thence, South 0218'29" East, 390.89 feet with the East line
879	879	of the said 29.6849 acre tract and the common line of the said
880	880	107.6370 acre tract to a 5/8 inch steel rod set for the Southeast
881	881	corner of the said 29.6849 acre tract and the herein described
882	882	tract, said point being an interior ell corner of the said 107.6370
883	883	acre tract;
884	884	Thence, South 8741'31" West, 990.77 feet with the South line
885	885	of the said 29.6849 acre tract and the common line of the said
886	886	107.6370 acre tract to a 5/8 inch steel rod set in the East line of
887	887	said Binford Road for the Southwest corner of the said 29.6849 acre
888	888	tract and the herein described tract, said point being the most
889	889	Westerly Northwest corner of the said 107.6370 acre tract;
890	890	Thence, North 0242'53" West, 390.90 feet with the East line
891	891	of said Binford Road and the common West line of the said 29.6849
892	892	acre tract to the PLACE OF BEGINNING and containing 8.9032 acres or
893	893	387,825 square feet of land, more or less.
894	894	TRACT 5:
895	895	Fieldnotes for 20.7774 acres of land out of Lot 4, Section 10
896	896	of the Harris County School Land Survey, Abstract No. 332, in Harris
897	897	County, Texas, the map or plat thereof recorded in Volume 17, Page
898	898	222 of the Deed Records of Harris County, being out of and a part of
899	899	that certain 29.6849 acre tract of land conveyed to Jesse B. Heath,
900	900	Jr., Trustee, as described in general warranty deed recorded under
901	901	County Clerk's File No. J741028 of the Real Property Records of
902	902	Harris County, said 20.7774 acres of land being more particularly
903	903	described by metes and bounds as follows:
904	904	BEGINNING at a 1 inch steel rod set in the South line of F.M.
905	905	Highway No. 2920, based on a 100 foot right-of-way, at its
906	906	intersection with the East line of Binford Road, based on a 66 foot
907	907	right-of-way, said point being the Northwest corner of the said
908	908	29.6849 acre tract and the herein described tract, said point being
909	909	in the arc of a curve to the left, having a radius of 11509.30 and a
910	910	central angle of 0048'18", from which point, a found 4" x 4"
911	911	concrete monument bears South 57 East, 1.25 feet and a found 5/8
912	912	inch steel rod bears South 59 East, 1.79 feet;
913	913	Thence, in an Easterly direction, with the South line of said
914	914	F.M. Highway No. 2920 and the common North line of the said 29.6849
915	915	acre tract, and with the said curve to the left having a radius of
916	916	11509.30 feet (chord bearing North 8805'40" East, 161.70 feet), an
917	917	arc distance of 161.70 feet to a 5/8 inch steel rod set at a point of
918	918	tangency, from which point, a broken 4" x 4" concrete monument bears
919	919	North 80 East, 0.53 feet;
920	920	Thence, continuing with the South line of said F.M. Highway
921	921	No. 2920 and the common North line of the said 29.6849 acre tract,
922	922	North 8741'31" East, 838.30 feet to a 5/8 inch steel rod set for the
923	923	Northeast corner of the said 29.6849 acre tract and the herein
924	924	described tract, said point also being the most Northerly Northwest
925	925	corner of a 107.6370 acre tract of land, the residue of a 109.9186
926	926	acre tract of land conveyed to Boris & Margaret Payen Family Limited
927	927	Partnership, as described in deed recorded under County Clerk's
928	928	File No. T324010 of the said Real Property Records;
929	929	Thence, South 0218'29" East, 907.94 feet with the East line
930	930	of the said 29.6849 acre tract and the common line of the said
931	931	107.6370 acre tract to a 3/4 inch steel rod set for the Southeast
932	932	corner of the herein described tract, from which point, a found 5/8
933	933	inch steel rod bears South 1841' East, 1.9 feet;
934	934	Thence, South 8741'31" West, 993.55 feet to a 3/4 inch steel
935	935	rod set in the West line of the said 29.6849 acre tract and the
936	936	common East line of said Binford Road for the Southwest corner of
937	937	the herein described tract, from which point, a found 5/8 inch steel
938	938	rod bears South 0852' East, 2.1 feet;
939	939	Thence, North 0242'53" West, 909.10 feet with the West line
940	940	of the said 29.6849 acre tract and the common East line of said
941	941	Binford Road to the PLACE OF BEGINNING and containing 20.7774 acres
942	942	or 905,065 square feet of land, more or less.
943	943	TRACT 6:
944	944	Fieldnotes for 164.3702 acres of land, being all of Lot 11 and
945	945	12 and a part of Lots 13 and 14, Section 7 of the Harris County
946	946	School Land Survey, Abstract No. 332, in Harris County, Texas, the
947	947	map or plat thereof recorded in Volume 17, Page 222 of the Deed
948	948	Records of Harris County, and being all of that certain (called)
949	949	164.401 acre tract of land conveyed to Chang-Hsine Cheng, et ux, as
950	950	described in deed recorded under County Clerk's File No. M314811 of
951	951	the Real Property Records of Harris County, said 164.3702 acres of
952	952	land being more particularly described by metes and bounds as
953	953	follows:
954	954	BEGINNING at a 5/8 inch steel rod found in the North line of
955	955	F.M. Highway No. 2920, based on a 100.00 foot right-of-way, at its
956	956	intersection with the East line of Binford Road, based on a 66.00
957	957	foot right-of-way, in the West line of said Lot 13, said point being
958	958	the Southwest corner of the said 164.401 acre tract and that certain
959	959	1.1057 acre Right Of Way Easement conveyed to the County of Harris
960	960	(for the widening of Binford Road) as described in instrument
961	961	recorded under County Clerk's File No. M747112 of the said Real
962	962	Property Records, said point also being the Northwest corner of
963	963	that certain 2.070 acre tract of land conveyed to the State of Texas
964	964	(for the widening of F.M. Highway No. 2920) as described in deed
965	965	recorded under County Clerk's File No. C684810 of the said Real
966	966	Property Records;
967	967	Thence, North 0018'09" West, 2694.07 feet (called North
968	968	0019'09" West, 2694.07 feet in 1.1057 acre deed), with the East
969	969	line of said Binford Road and the common West line of the said
970	970	164.401 acre tract and the said 1.1057 acre tract to a 5/8 inch
971	971	steel rod found marking the Northwest corner of said Lot 12, the
972	972	said 164.401 acre tract and the herein described tract, said point
973	973	being the Northwest corner of the said 1.1057 acre tract, said point
974	974	also being the Southwest corner of adjacent Lot 5 of said Section 7
975	975	and that certain 9.862 acre tract of land conveyed to Domenico
976	976	Calarco, et ux, as described in deed recorded under County Clerk's
977	977	File No. D254432 of the said Real Property Records;
978	978	Thence, North 8957'10" East with the South line of said Lot 5
979	979	and the said 9.862 acre tract, and the common North line of said Lot
980	980	12 and the said 164.401 acre tract, at 663 feet passing the
981	981	Southeast corner of the said 9.862 acre tract and the Southwest
982	982	corner of that certain 72.8588 acre tract of land conveyed to Glen
983	983	Harris, Jr., Trustee as described in instrument recorded under
984	984	County Clerk's File No. E052129 of the said Real Property Records,
985	985	and continuing with the South line of the said 72.8588 acre tract in
986	986	all, a total distance of 2653.44 feet to a 5/8 inch steel rod found
987	987	marking the Northeast corner of aforesaid Lot 11, the said 164.401
988	988	acre tract, and the herein described tract, said point being the
989	989	Southeast corner of adjacent Lot 6 of said Section 7 and the said
990	990	72.8588 acre tract, said point also being in the West line of that
991	991	certain 4.000 acre tract of land conveyed to Deanne Prusak as
992	992	described in deed recorded under County Clerk's File No. R803468 of
993	993	the said Real Property Records, and being the Southwest corner of
994	994	adjacent Lot 7 and the Northwest corner of adjacent Lot 10 of said
995	995	Section 7;
996	996	Thence, South 0018'08" East (called South 0051'56" East in
997	997	4.000 acre deed, South 0018'09" East in vesting deed, and South
998	998	0018'08" East in that certain boundary line agreement recorded in
999	999	Volume 7167, Page 187 of the said Deed Records), with the West line
1000	1000	of said Lot 10 and the said 4.000 acre tract, and the common East
1001	1001	line of said Lot 11 and the said 164.401 acre tract, at 160.49 feet
1002	1002	passing the Southwest corner of the said 4.000 acre tract and the
1003	1003	Northwest corner of the residue of that certain 6.3725 acre tract of
1004	1004	land conveyed to Robert V. Davidson, et ux, as described in deed
1005	1005	recorded under County Clerk's File No. P512170 of the said Real
1006	1006	Property Records, and continuing with the West line of the said
1007	1007	6.3725 acre tract (called South 0051'56" East in 6.3725 acre deed),
1008	1008	at 397.10 feet passing the Southwest corner of the said 6.3725 acre
1009	1009	tract and the Northwest corner of that certain 52.934 acre tract of
1010	1010	land conveyed to David A. Sellars, et ux, as described in deed
1011	1011	recorded under County Clerk's File No. S911654 of the said Real
1012	1012	Property Records, and continuing with the West line of the said
1013	1013	52.934 acre tract (called South 0053'57" East in 52.934 acre deed),
1014	1014	at 1360.23 feet passing the Southwest corner of the said 52.934 acre
1015	1015	tract (a 5/8 inch steel rod found 0.96' West) and the Northwest
1016	1016	corner of the residue of that certain tract of land conveyed to
1017	1017	Clara Harrison, et al, and Alma Bullock and described as Tract III
1018	1018	in partition deed recorded under County Clerk's File No. C695611 of
1019	1019	the said Real Property Records, and continuing with the West line of
1020	1020	said Tract III in all, a total distance of 2701.69 feet (called
1021	1021	2701.84 feet in vesting deed) to a 5/8 inch steel rod set in the
1022	1022	North line of said F.M. Highway No. 2920 for the Southeast corner of
1023	1023	the said 164.401 acre tract and the herein described tract, said
1024	1024	point bears North 0018'08" West, 17 ft. from the Southeast corner
1025	1025	of aforesaid Lot 14 and the common Southwest corner of said Tract
1026	1026	III and adjacent Lot 15 of said Section 7, and North 3046' East, 1.0
1027	1027	foot from a found 1/2 inch steel rod;
1028	1028	Thence, North 8954'23" West, 2495.18 feet (called North
1029	1029	8955'25" West, 2494.58 feet in vesting deed) with the North line of
1030	1030	said F.M. Highway No. 2920 and the South line of the said 164.401
1031	1031	acre tract to a 5/8 inch steel rod set at a point of curve to the
1032	1032	right, having a radius of 11409.30 feet and a central angle of
1033	1033	0047'42";
1034	1034	Thence, continuing with the North line of said F.M. Highway
1035	1035	No. 2920 and the South line of the said 164.401 acre tract, and with
1036	1036	the said curve to the right having a radius of 11409.30 feet (chord
1037	1037	bearing North 8930'32" West, 158.31 feet), an arc distance of
1038	1038	158.31 feet to the PLACE OF BEGINNING and containing 164.3702 acres
1039	1039	or 7,159,967 square feet of land, more or less.
1040	1040	SAVE AND EXCEPT:
1041	1041	Fieldnotes for 37.6450 acres of land, being out of and a part
1042	1042	of Lot 11 and Lot 12, Section 7 of the Harris County School Land
1043	1043	Survey, Abstract No. 332, in Harris County, Texas, the map or plat
1044	1044	thereof recorded in Volume 17, Page 222 of the Deed Records of
1045	1045	Harris County, and being out of and a part of that certain 164.3702
1046	1046	acre tract of land conveyed to R.K. McGaughy, Trustee, as described
1047	1047	in deed recorded under County Clerk's File No. Z519743 of the Real
1048	1048	Property Records of Harris County, said 37.6450 acres of land being
1049	1049	more particularly described by metes and bounds as follows:
1050	1050	COMMENCING at a 5/8 inch steel rod found in the North line of
1051	1051	F.M. Highway No. 2920, based on a 100 foot right-of-way, at its
1052	1052	intersection with the East line of Binford Road, based on a 66 foot
1053	1053	right-of-way, in the West line of Lot 13 of said Section 7, said
1054	1054	point being the Southwest corner of the said 164.3702 acre tract and
1055	1055	that certain 1.1057 acre Right of Way Easement conveyed to the
1056	1056	County of Harris (for the widening of Binford Road) as described in
1057	1057	instrument recorded under County Clerk's File No. M747112 of the
1058	1058	said Real Property Records, said point also being the Northwest
1059	1059	corner of that certain 2.070 acre tract of land conveyed to the
1060	1060	State of Texas (for the widening of F.M. Highway No. 2920) as
1061	1061	described in deed recorded under County Clerk's File No. C684810 of
1062	1062	the said Real Property Records;
1063	1063	Thence, North 0018'09" West, 2070.20 feet with the East line
1064	1064	of said Binford Road and the common West line of the said 164.3702
1065	1065	acre tract and the said 1.1057 acre tract to a 5/8 inch steel rod set
1066	1066	for the Southwest corner and PLACE OF BEGINNING for the herein
1067	1067	described tract;
1068	1068	Thence, continuing with the East line of said Binford Road
1069	1069	and the common West line of the said 164.3702 acre tract and the
1070	1070	said 1.1057 acre tract, North 0018'09" West, 623.87 feet to a 5/8
1071	1071	inch steel rod found marking the Northwest corner of said Lot 12,
1072	1072	the said 164.3702 acre tract, the said 1.1057 acre tract, and the
1073	1073	herein described tract, said point also being the Southwest corner
1074	1074	of adjacent Lot 5 of said Section 7 and that certain 9.862 acre
1075	1075	tract of land conveyed to Domenico Calarco, et ux, as described in
1076	1076	deed recorded under County Clerk's File No. D254432 of the said Real
1077	1077	Property Records;
1078	1078	Thence, North 8957'10" East with the South line of said Lot 5
1079	1079	and the said 9.862 acre tract, and the common North line of said Lot
1080	1080	12 and the said 164.3702 acre tract, at 663.0 feet passing the
1081	1081	Southeast corner of the said 9.862 acre tract and the Southwest
1082	1082	corner of that certain 72.8588 acre tract of land conveyed to Glen
1083	1083	Harris, Jr., Trustee as described in instrument recorded under
1084	1084	County Clerk's File No. E052129 of the said Real Property Records,
1085	1085	and continuing with the South line of the said 72.8588 acre tract in
1086	1086	all, a total distance of 2653.44 feet to a 5/8 inch steel rod found
1087	1087	marking the Northeast corner of aforesaid Lot 11, the said 164.3702
1088	1088	acre tract, and the herein described tract, said point being the
1089	1089	Southeast corner of adjacent Lot 6 of said Section 7 and the said
1090	1090	72.8588 acre tract, said point also being in the West line of that
1091	1091	certain 4.000 acre tract of land conveyed to Deanne Prusak as
1092	1092	described in deed recorded under County Clerk's File No. R803468 of
1093	1093	the said Real Property Records, and being the Southwest corner of
1094	1094	adjacent Lot 7 and the Northwest corner of adjacent Lot 10 of said
1095	1095	Section 7;
1096	1096	Thence, South 0018'08" East with the West line of said Lot 10
1097	1097	and the said 4.000 acre tract, and the common East line of said Lot
1098	1098	11 and the said 164.3702 acre tract, at 160.49 feet passing the
1099	1099	Southwest corner of the said 4.000 acre tract and the Northwest
1100	1100	corner of the residue of that certain 6.3725 acre tract of land
1101	1101	conveyed to Robert V. Davidson, et ux, as described in deed recorded
1102	1102	under County Clerk's File No. P512170 of the said Real Property
1103	1103	Records, and continuing with the West line of the said 6.3725 acre
1104	1104	tract, at 397.10 feet passing the Southwest corner of the said
1105	1105	6.3725 acre tract and the Northwest corner of that certain 52.934
1106	1106	acre tract of land conveyed to David A. Sellars, et ux, as described
1107	1107	in deed recorded under County Clerk's File No. S911654 of the said
1108	1108	Real Property Records, and continuing with the West line of the said
1109	1109	52.934 acre tract in all, a total distance of 612.13 feet to a 5/8
1110	1110	inch steel rod set for the Southeast corner of the herein described
1111	1111	tract;
1112	1112	Thence, South 8941'58" West, 2653.41 feet to the PLACE OF
1113	1113	BEGINNING and containing 37.6450 acres or 1,639,817 square feet of
1114	1114	land, more or less.
1115	1115	SECTION 3. (a) The legal notice of the intention to
1116	1116	introduce this Act, setting forth the general substance of this
1117	1117	Act, has been published as provided by law, and the notice and a
1118	1118	copy of this Act have been furnished to all persons, agencies,
1119	1119	officials, or entities to which they are required to be furnished
1120	1120	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
1121	1121	Government Code.
1122	1122	(b) The governor, one of the required recipients, has
1123	1123	submitted the notice and Act to the Texas Commission on
1124	1124	Environmental Quality.
1125	1125	(c) The Texas Commission on Environmental Quality has filed
1126	1126	its recommendations relating to this Act with the governor,
1127	1127	lieutenant governor, and speaker of the house of representatives
1128	1128	within the required time.
1129	1129	(d) The general law relating to consent by political
1130	1130	subdivisions to the creation of districts with conservation,
1131	1131	reclamation, and road powers and the inclusion of land in those
1132	1132	districts has been complied with.
1133	1133	(e) All requirements of the constitution and laws of this
1134	1134	state and the rules and procedures of the legislature with respect
1135	1135	to the notice, introduction, and passage of this Act have been
1136	1136	fulfilled and accomplished.
1137	1137	SECTION 4. This Act takes effect immediately if it receives
1138	1138	a vote of two-thirds of all the members elected to each house, as
1139	1139	provided by Section 39, Article III, Texas Constitution. If this
1140	1140	Act does not receive the vote necessary for immediate effect, this
1141	1141	Act takes effect September 1, 2009.