Texas 2009 - 81st Regular

Texas House Bill HB4739 Compare Versions

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1	1	81R28200 SJM-F
2	2	By: Fletcher H.B. No. 4739
3	3	Substitute the following for H.B. No. 4739:
4	4	By: Berman C.S.H.B. No. 4739
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the Harris County Improvement District
10	10	No. 13; providing authority to impose an assessment, impose a tax,
11	11	and issue bonds.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle C, Title 4, Special District Local Laws
14	14	Code, is amended by adding Chapter 3881 to read as follows:
15	15	CHAPTER 3881. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 13
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 3881.001. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "Director" means a board member.
20	20	(3) "District" means the Harris County Improvement
21	21	District No. 13.
22	22	Sec. 3881.002. NATURE OF DISTRICT. The Harris County
23	23	Improvement District No. 13 is a special district created under
24	24	Section 59, Article XVI, Texas Constitution.
25	25	Sec. 3881.003. PURPOSE; DECLARATION OF INTENT. (a) The
26	26	creation of the district is essential to accomplish the purposes of
27	27	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
28	28	Texas Constitution, and other public purposes stated in this
29	29	chapter. By creating the district and in authorizing the City of
30	30	Houston, Harris County, and other political subdivisions to
31	31	contract with the district, the legislature has established a
32	32	program to accomplish the public purposes set out in Section 52-a,
33	33	Article III, Texas Constitution.
34	34	(b) The creation of the district is necessary to promote,
35	35	develop, encourage, and maintain employment, commerce,
36	36	transportation, housing, tourism, recreation, the arts,
37	37	entertainment, economic development, safety, and the public
38	38	welfare in the district.
39	39	(c) This chapter and the creation of the district may not be
40	40	interpreted to relieve Harris County from providing the level of
41	41	services provided, as of the effective date of the Act enacting this
42	42	chapter, to the area in the district. The district is created to
43	43	supplement and not to supplant the county services provided in the
44	44	area in the district.
45	45	Sec. 3881.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
46	46	The district is created to serve a public use and benefit.
47	47	(b) All land and other property included in the district
48	48	will benefit from the improvements and services to be provided by
49	49	the district under powers conferred by Sections 52 and 52-a,
50	50	Article III, and Section 59, Article XVI, Texas Constitution, and
51	51	other powers granted under this chapter.
52	52	(c) The creation of the district is in the public interest
53	53	and is essential to:
54	54	(1) further the public purposes of developing and
55	55	diversifying the economy of the state;
56	56	(2) eliminate unemployment and underemployment; and
57	57	(3) develop or expand transportation and commerce.
58	58	(d) The district will:
59	59	(1) promote the health, safety, and general welfare of
60	60	residents, employers, potential employees, employees, visitors,
61	61	and consumers in the district, and of the public;
62	62	(2) provide needed funding for the district to
63	63	preserve, maintain, and enhance the economic health and vitality of
64	64	the district territory as a community and business center;
65	65	(3) promote the health, safety, welfare, and enjoyment
66	66	of the public by providing pedestrian ways and by landscaping and
67	67	developing certain areas in the district, which are necessary for
68	68	the restoration, preservation, and enhancement of scenic beauty;
69	69	and
70	70	(4) provide for water, wastewater, drainage, road,
71	71	and recreational facilities for the district.
72	72	(e) Pedestrian ways along or across a street, whether at
73	73	grade or above or below the surface, and street lighting, street
74	74	landscaping, parking, and street art objects are parts of and
75	75	necessary components of a street and are considered to be a street
76	76	or road improvement.
77	77	(f) The district will not act as the agent or
78	78	instrumentality of any private interest even though the district
79	79	will benefit many private interests as well as the public.
80	80	Sec. 3881.005. INITIAL DISTRICT TERRITORY. (a) The
81	81	district is initially composed of the territory described by
82	82	Section 2 of the Act enacting this chapter.
83	83	(b) The boundaries and field notes contained in Section 2 of
84	84	the Act enacting this chapter form a closure. A mistake in the
85	85	field notes or in copying the field notes in the legislative process
86	86	does not affect the district's:
87	87	(1) organization, existence, or validity;
88	88	(2) right to issue any type of bond for the purposes
89	89	for which the district is created or to pay the principal of and
90	90	interest on the bond;
91	91	(3) right to impose or collect an assessment or tax; or
92	92	(4) legality or operation.
93	93	Sec. 3881.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
94	94	All or any part of the area of the district is eligible to be
95	95	included in:
96	96	(1) a tax increment reinvestment zone created under
97	97	Chapter 311, Tax Code;
98	98	(2) a tax abatement reinvestment zone created under
99	99	Chapter 312, Tax Code; or
100	100	(3) an enterprise zone created under Chapter 2303,
101	101	Government Code.
102	102	Sec. 3881.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
103	103	DISTRICTS LAW. Except as otherwise provided by this chapter,
104	104	Chapter 375, Local Government Code, applies to the district.
105	105	Sec. 3881.008. LIBERAL CONSTRUCTION OF CHAPTER. This
106	106	chapter shall be liberally construed in conformity with the
107	107	findings and purposes stated in this chapter.
108	108	[Sections 3881.009-3881.050 reserved for expansion]
109	109	SUBCHAPTER B. BOARD OF DIRECTORS
110	110	Sec. 3881.051. GOVERNING BODY; TERMS. (a) The district is
111	111	governed by a board of five voting directors who serve staggered
112	112	terms of four years, with two or three directors' terms expiring
113	113	June 1 of each odd-numbered year.
114	114	(b) The board by resolution may change the number of voting
115	115	directors on the board, but only if the board determines that the
116	116	change is in the best interest of the district. The board may not
117	117	consist of fewer than five or more than 15 voting directors.
118	118	Sec. 3881.052. APPOINTMENT OF DIRECTORS. The Texas
119	119	Commission on Environmental Quality shall appoint voting directors
120	120	from persons recommended by the board.
121	121	Sec. 3881.053. INITIAL VOTING DIRECTORS. (a) The initial
122	122	board consists of the following voting directors:
123	123	Pos. No. Name of Director Pos. No. Name of Director
124	124	Pos. No. Name of Director
125	125	1 Chris Taylor 1 Chris Taylor
126	126	1 Chris Taylor
127	127	2 Leanne Ross 2 Leanne Ross
128	128	2 Leanne Ross
129	129	3 Ryan Sweeney 3 Ryan Sweeney
130	130	3 Ryan Sweeney
131	131	4 Shane Herzog 4 Shane Herzog
132	132	4 Shane Herzog
133	133	5 Terry Taylor 5 Terry Taylor
134	134	5 Terry Taylor
135	135	(b) Of the initial directors, the terms of directors
136	136	appointed for positions 1 through 3 expire June 1, 2011, and the
137	137	terms of directors appointed for positions 4 and 5 expire June 1,
138	138	2013.
139	139	(c) Section 3881.052 does not apply to this section.
140	140	Sec. 3881.054. NONVOTING DIRECTORS. The board may appoint
141	141	nonvoting directors to serve at the pleasure of the voting
142	142	directors.
143	143	Sec. 3881.055. QUORUM. For purposes of determining the
144	144	requirements for a quorum of the board, the following are not
145	145	counted:
146	146	(1) a board position vacant for any reason, including
147	147	death, resignation, or disqualification;
148	148	(2) a director who is abstaining from participation in
149	149	a vote because of a conflict of interest; or
150	150	(3) a nonvoting director.
151	151	Sec. 3881.056. COMPENSATION. A director is entitled to
152	152	receive fees of office and reimbursement for actual expenses as
153	153	provided by Section 49.060, Water Code. Sections 375.069 and
154	154	375.070, Local Government Code, do not apply to the board.
155	155	[Sections 3881.057-3881.100 reserved for expansion]
156	156	SUBCHAPTER C. POWERS AND DUTIES
157	157	Sec. 3881.101. DEVELOPMENT CORPORATION POWERS. The
158	158	district may exercise the powers given to a development corporation
159	159	under Chapter 505, Local Government Code, including the power to
160	160	own, operate, acquire, construct, lease, improve, or maintain a
161	161	project described by that section.
162	162	Sec. 3881.102. NONPROFIT CORPORATION. (a) The board by
163	163	resolution may authorize the creation of a nonprofit corporation to
164	164	assist and act for the district in implementing a project or
165	165	providing a service authorized by this chapter.
166	166	(b) The nonprofit corporation:
167	167	(1) has each power of and is considered for purposes of
168	168	this chapter to be a local government corporation created under
169	169	Chapter 431, Transportation Code; and
170	170	(2) may implement any project and provide any service
171	171	authorized by this chapter.
172	172	(c) The board shall appoint the board of directors of the
173	173	nonprofit corporation. The board of directors of the nonprofit
174	174	corporation shall serve in the same manner as the board of directors
175	175	of a local government corporation created under Chapter 431,
176	176	Transportation Code, except that a board member is not required to
177	177	reside in the district.
178	178	Sec. 3881.103. AGREEMENTS; GRANTS. (a) The district may
179	179	make an agreement with or accept a gift, grant, or loan from any
180	180	person.
181	181	(b) The implementation of a project is a governmental
182	182	function or service for the purposes of Chapter 791, Government
183	183	Code.
184	184	Sec. 3881.104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT
185	185	SERVICES. To protect the public interest, the district may
186	186	contract with a qualified person, including Harris County or the
187	187	City of Houston, for the provision of law enforcement services in
188	188	the district for a fee.
189	189	Sec. 3881.105. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
190	190	district may join and pay dues to a charitable or nonprofit
191	191	organization that performs a service or provides an activity
192	192	consistent with the furtherance of a district purpose.
193	193	Sec. 3881.106. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
194	194	district may establish and provide for the administration of one or
195	195	more programs to promote state or local economic development and to
196	196	stimulate business and commercial activity in the district,
197	197	including programs to:
198	198	(1) make loans and grants of public money; and
199	199	(2) provide district personnel and services.
200	200	(b) The district has all of the powers of a municipality
201	201	under Chapter 380, Local Government Code.
202	202	Sec. 3881.107. STRATEGIC PARTNERSHIP AGREEMENT. The
203	203	district may negotiate and enter into a written strategic
204	204	partnership with the City of Houston pursuant to Section 43.0751,
205	205	Local Government Code.
206	206	Sec. 3881.108. NO EMINENT DOMAIN. The district may not
207	207	exercise the power of eminent domain.
208	208	Sec. 3881.109. ANNEXATION OR EXCLUSION OF LAND. (a) The
209	209	district may annex land as provided by Subchapter J, Chapter 49,
210	210	Water Code.
211	211	(b) The district may exclude land as provided by Subchapter
212	212	J, Chapter 49, Water Code. Section 375.044(b), Local Government
213	213	Code, does not apply to the district.
214	214	[Sections 3881.110-3881.150 reserved for expansion]
215	215	SUBCHAPTER D. PUBLIC PARKING FACILITIES
216	216	Sec. 3881.151. PARKING FACILITIES AUTHORIZED; OPERATION BY
217	217	PRIVATE ENTITY. (a) The district may acquire, lease as lessor or
218	218	lessee, construct, develop, own, operate, and maintain parking
219	219	facilities or a system of parking facilities, including:
220	220	(1) lots, garages, parking terminals, or other
221	221	structures or accommodations for parking motor vehicles off the
222	222	streets; and
223	223	(2) equipment, entrances, exits, fencing, and other
224	224	accessories necessary for safety and convenience in parking
225	225	vehicles.
226	226	(b) A parking facility of the district may be leased to or
227	227	operated on behalf of the district by an entity other than the
228	228	district.
229	229	(c) The district's parking facilities are a program
230	230	authorized by the legislature under Section 52-a, Article III,
231	231	Texas Constitution.
232	232	(d) The district's parking facilities serve the public
233	233	purposes of the district and are owned, used, and held for a public
234	234	purpose even if leased or operated by a private entity for a term of
235	235	years.
236	236	Sec. 3881.152. RULES. The district may adopt rules
237	237	governing the district's public parking facilities.
238	238	Sec. 3881.153. FINANCING OF PUBLIC PARKING FACILITIES. (a)
239	239	The district may use any of its resources, including revenue,
240	240	assessments, taxes, or grant or contract proceeds, to pay the cost
241	241	of acquiring or operating public parking facilities.
242	242	(b) The district may:
243	243	(1) set, charge, impose, and collect fees, charges, or
244	244	tolls for the use of the district's public parking facilities; and
245	245	(2) issue bonds or notes to finance the cost of the
246	246	district's public parking facilities.
247	247	[Sections 3881.154-3881.200 reserved for expansion]
248	248	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
249	249	Sec. 3881.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The
250	250	board by resolution shall establish the number of directors'
251	251	signatures and the procedure required for a disbursement or
252	252	transfer of the district's money.
253	253	Sec. 3881.202. MONEY USED FOR IMPROVEMENTS OR SERVICES.
254	254	The district may acquire, construct, finance, operate, or maintain
255	255	any improvement or service authorized under this chapter or Chapter
256	256	375, Local Government Code, using any money available to the
257	257	district.
258	258	Sec. 3881.203. PETITION REQUIRED FOR FINANCING SERVICES AND
259	259	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
260	260	service or improvement project with assessments under this chapter
261	261	unless a written petition requesting that service or improvement
262	262	has been filed with the board.
263	263	(b) A petition filed under Subsection (a) must be signed by
264	264	the owners of a majority of the assessed value of real property in
265	265	the district subject to assessment according to the most recent
266	266	certified tax appraisal roll for Harris County.
267	267	Sec. 3881.204. METHOD OF NOTICE FOR HEARING. The district
268	268	may mail the notice required by Section 375.115(c), Local
269	269	Government Code, by certified or first class United States mail.
270	270	The board shall determine the method of mailing notice.
271	271	Sec. 3881.205. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
272	272	The board by resolution may impose and collect an assessment for any
273	273	purpose authorized by this chapter in all or any part of the
274	274	district.
275	275	(b) An assessment, a reassessment, or an assessment
276	276	resulting from an addition to or correction of the assessment roll
277	277	by the district, penalties and interest on an assessment or
278	278	reassessment, an expense of collection, and reasonable attorney's
279	279	fees incurred by the district:
280	280	(1) are a first and prior lien against the property
281	281	assessed;
282	282	(2) are superior to any other lien or claim other than
283	283	a lien or claim for county, school district, or municipal ad valorem
284	284	taxes; and
285	285	(3) are the personal liability of and a charge against
286	286	the owners of the property even if the owners are not named in the
287	287	assessment proceedings.
288	288	(c) The lien is effective from the date of the board's
289	289	resolution imposing the assessment until the date the assessment is
290	290	paid. The board may enforce the lien in the same manner that the
291	291	board may enforce an ad valorem tax lien against real property.
292	292	(d) The board may make a correction to or deletion from the
293	293	assessment roll that does not increase the amount of assessment of
294	294	any parcel of land without providing notice and holding a hearing in
295	295	the manner required for additional assessments.
296	296	Sec. 3881.206. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
297	297	ASSESSMENTS. The district may not impose an impact fee or
298	298	assessment on the property, including the equipment,
299	299	rights-of-way, facilities, or improvements, of:
300	300	(1) an electric utility or a power generation company
301	301	as defined by Section 31.002, Utilities Code;
302	302	(2) a gas utility as defined by Section 101.003 or
303	303	121.001, Utilities Code;
304	304	(3) a telecommunications provider as defined by
305	305	Section 51.002, Utilities Code; or
306	306	(4) a person who provides to the public cable
307	307	television or advanced telecommunications services.
308	308	Sec. 3881.207. RESIDENTIAL PROPERTY. Section 375.161,
309	309	Local Government Code, does not apply to:
310	310	(1) a tax imposed by the district; or
311	311	(2) any payment required by the district for a service
312	312	provided by the district, including water and sewer services.
313	313	Sec. 3881.208. OPERATION AND MAINTENANCE TAX. (a) If
314	314	authorized at an election held in accordance with Section 3881.212,
315	315	the district may impose an annual operation and maintenance tax on
316	316	taxable property in the district in accordance with Section 49.107,
317	317	Water Code, for any district purpose, including to:
318	318	(1) maintain and operate the district;
319	319	(2) construct or acquire improvements; or
320	320	(3) provide a service.
321	321	(b) The board shall determine the tax rate. The rate may not
322	322	exceed the rate approved at the election.
323	323	(c) Section 49.107(h), Water Code, does not apply to the
324	324	district.
325	325	Sec. 3881.209. CONTRACT TAXES. (a) In accordance with
326	326	Section 49.108, Water Code, the district may impose a tax other than
327	327	an operation and maintenance tax and use the revenue derived from
328	328	the tax to make payments under a contract after the provisions of
329	329	the contract have been approved by a majority of the district voters
330	330	voting at an election held for that purpose.
331	331	(b) A contract approved by the district voters may contain a
332	332	provision stating that the contract may be modified or amended by
333	333	the board without further voter approval.
334	334	Sec. 3881.210. AUTHORITY TO BORROW MONEY AND TO ISSUE
335	335	BONDS. (a) The district may borrow money on terms and conditions
336	336	as determined by the board. Section 375.205, Local Government
337	337	Code, does not apply to a loan, line of credit, or other borrowing
338	338	from a bank or financial institution secured by revenue other than
339	339	ad valorem taxes.
340	340	(b) The district may issue bonds, notes, or other
341	341	obligations payable wholly or partly from ad valorem taxes, sales
342	342	and use taxes, assessments, impact fees, revenue, contract
343	343	payments, grants, or other district money, or any combination of
344	344	those sources of money, to pay for any authorized district purpose.
345	345	(c) The limitation on the outstanding principal amount of
346	346	bonds, notes, and other obligations set forth in Section 49.4645,
347	347	Water Code, does not apply to the district.
348	348	Sec. 3881.211. TAXES FOR BONDS. At the time the district
349	349	issues bonds payable wholly or partly from ad valorem taxes, the
350	350	board shall provide for the annual imposition of a continuing
351	351	direct annual ad valorem tax, without limit as to rate or amount,
352	352	while all or part of the bonds are outstanding as required and in
353	353	the manner provided by Sections 54.601 and 54.602, Water Code.
354	354	Sec. 3881.212. ELECTIONS REGARDING TAXES AND BONDS. (a)
355	355	The district may issue, without an election, bonds, notes, and
356	356	other obligations secured by:
357	357	(1) revenue other than ad valorem taxes; or
358	358	(2) contract payments described by Section 3881.209.
359	359	(b) The district must hold an election in the manner
360	360	provided by Subchapter L, Chapter 375, Local Government Code, to
361	361	obtain voter approval before the district may impose an ad valorem
362	362	tax or sales and use tax or issue bonds payable from ad valorem
363	363	taxes.
364	364	(c) Section 375.243, Local Government Code, does not apply
365	365	to the district.
366	366	(d) All or any part of any facilities or improvements which
367	367	may be acquired by a district by the issuance of its bonds may be
368	368	included in one single proposition to be voted on at the election or
369	369	the bonds may be submitted in several propositions.
370	370	Sec. 3881.213. COMPETITIVE BIDDING. Subchapter I, Chapter
371	371	49, Water Code, applies to the district. Sections 375.221 and
372	372	375.223, Local Government Code, do not apply to the district.
373	373	Sec. 3881.214. TAX AND ASSESSMENT ABATEMENTS. The district
374	374	may grant in the manner authorized by Chapter 312, Tax Code, an
375	375	abatement for a tax or assessment owed to the district.
376	376	[Sections 3881.215-3881.250 reserved for expansion]
377	377	SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED
378	378	PROPERTY
379	379	Sec. 3881.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR
380	380	DESIGNATED PROPERTY. The district may define areas or designate
381	381	certain property of the district to pay for improvements,
382	382	facilities, or services that primarily benefit that area or
383	383	property and do not generally and directly benefit the district as a
384	384	whole.
385	385	Sec. 3881.252. PROCEDURE FOR ELECTION. (a) Before the
386	386	district may impose an ad valorem tax or issue bonds payable from ad
387	387	valorem taxes of the area defined or property designated under
388	388	Section 3881.251, the board must call and hold an election as
389	389	provided by Section 3881.212 only in the defined area or in the
390	390	boundaries of the designated property.
391	391	(b) The board may submit the proposition to the voters on
392	392	the same ballot to be used in another election.
393	393	Sec. 3881.253. DECLARING RESULT AND ISSUING ORDER. (a) If
394	394	a majority of the voters voting at the election approve the
395	395	proposition or propositions, the board shall declare the results
396	396	and by order shall establish the defined area and describe it by
397	397	metes and bounds or designate the specific property.
398	398	(b) A court may not review the board's order except on the
399	399	ground of fraud, palpable error, or arbitrary and confiscatory
400	400	abuse of discretion.
401	401	Sec. 3881.254. TAXES FOR SERVICES, IMPROVEMENTS, AND
402	402	FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
403	403	approval and adoption of the order described in Section 3881.253,
404	404	the district may apply separately, differently, equitably, and
405	405	specifically its taxing power and lien authority to the defined
406	406	area or designated property to provide money to construct,
407	407	administer, maintain, and operate services, improvements, and
408	408	facilities that primarily benefit the defined area or designated
409	409	property.
410	410	Sec. 3881.255. ISSUANCE OF BONDS AND IMPOSITION OF TAXES
411	411	FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under
412	412	Section 3881.253 is adopted, the district may issue bonds to
413	413	provide for any land, improvements, facilities, plants, equipment,
414	414	and appliances for the defined area or designated property.
415	415	[Sections 3881.256-3881.300 reserved for expansion]
416	416	SUBCHAPTER G. MUNICIPAL ANNEXATION AND DISSOLUTION
417	417	Sec. 3881.301. MUNICIPAL ANNEXATION; DISSOLUTION. (a) The
418	418	district is a "water or sewer district" under Section 43.071, Local
419	419	Government Code.
420	420	(b) Section 43.075, Local Government Code, applies to the
421	421	district.
422	422	(c) Section 375.264, Local Government Code, does not apply
423	423	to the dissolution of the district by a municipality.
424	424	SECTION 2. Harris County Improvement District No. 13
425	425	initially includes all territory contained in the following area:
426	426	BEING 705.36 acres of land lying wholly within Harris County,
427	427	Texas consisting of TRACT "1": A 400.03 acre tract situated in the
428	428	Jno. W. Baker Survey, A-116 and the Moses Merritt Survey, A-579,
429	429	TRACT "2": A 305.33 acre tract situated in the Moses Merritt Survey,
430	430	A-579 and the J. W. Moody Survey, A-547 and more particularly
431	431	described as follows:
432	432	TRACT "1"
433	433	BEING a 400.03 acre tract situated in the Jno. W. Baker
434	434	Survey, A-116 and the Moses Merritt Survey, A-579, Harris County,
435	435	Texas and being part of that certain called 891.99 acre tract
436	436	described and recorded under Harris County Clerk's File Number
437	437	(H.C.C.F. No.) 20070535841, said 400.03 acre being more
438	438	particularly described by metes and bounds as follows:
439	439	BEGINNING at a 5/8-inch iron rod found for the northwest
440	440	corner of a called 21.148 acre tract described and recorded under
441	441	H.C.C.F. No. M488539 and being in the southern right-of-way line of
442	442	the Union Pacific Railroad Company railroad right-of-way (100' wide
443	443	at this point) as recorded in Volume 964, Page 88 of the Harris
444	444	County Deed Records (H.C.D.R.);
445	445	THENCE, along the western lines of said 21.148 acre tract and
446	446	the eastern lines of the said 891.99 acre tract the following five
447	447	(5) courses:
448	448	S 2151'31" W, a distance of 100.00 feet to a disturbed
449	449	5/8-inch iron rod found for the point of curvature of a curve to the
450	450	left;
451	451	In a southeasterly direction, 498.97 feet along the arc
452	452	of said curve to the left having a radius of 610.00 feet, a central
453	453	angle of 4652'00" and whose chord bears S 0134'29" E, 485.17 feet
454	454	to a 5/8-inch iron rod found for the point of tangency of said
455	455	curve;
456	456	S 2500'29" E, a distance of 437.99 feet to a 5/8-inch
457	457	iron rod found for the point of curvature of a curve to the right;
458	458	In a southeasterly direction, 153.69 feet along the arc
459	459	of said curve to the right having a radius of 390.00 feet, a central
460	460	angle of 2234'45" and whose chord bears S 1343'07" E, 152.70 feet
461	461	to a 5/8-inch iron rod with cap stamped "BROWN & GAY" set for the
462	462	point of tangency of said curve;
463	463	S 0225'44" E, a distance of 2406.07 feet to a 5/8-inch
464	464	iron rod with cap stamped "BROWN & GAY set for the southeast corner
465	465	of the herein described tract, the beginning of a non-tangent curve
466	466	to the left;
467	467	THENCE the following eight (8) courses and distances over and
468	468	across said called 891.99 acre tract:
469	469	In a Westerly direction, along a curve to the left, a
470	470	distance of 853.40 feet, having a radius of 1950.00 feet, a central
471	471	angle of 2504'30" and a chord which bears N 7757'39" W, 846.60 feet
472	472	to a 5/8-inch iron rod with cap stamped "BROWN & GAY set for the
473	473	point of tangency;
474	474	S 8930'06" W, a distance of 100.00 feet to a 5/8-inch
475	475	iron rod with cap stamped "BROWN & GAY set for the beginning of a
476	476	tangent curve to the right;
477	477	In a Northwesterly direction, along said curve to the
478	478	right, a distance of 2441.52 feet, having a radius of 2050.00 feet,
479	479	a central angle of 6814'18" and a chord which bears N 5622'45" W,
480	480	2299.76 feet to a 5/8-inch iron rod with cap stamped "BROWN & GAY
481	481	set for the point of tangency;
482	482	N 2215'36" W, a distance of 873.59 feet to a 5/8-inch
483	483	iron rod with cap stamped "BROWN & GAY set for the beginning of a
484	484	tangent curve to the left;
485	485	In a Northwesterly direction, along said curve to the
486	486	left, a distance of 2468.33 feet, having a radius of 1950.00 feet, a
487	487	central angle of 7231'32" and a chord which bears N 5831'22" W,
488	488	2306.81 feet to a 5/8-inch iron rod with cap stamped "BROWN & GAY
489	489	set for the point of tangency;
490	490	S 8512'52" W, a distance of 100.00 feet to a 5/8-inch
491	491	iron rod with cap stamped "BROWN & GAY set for the beginning of a
492	492	tangent curve to the right;
493	493	In a Westerly direction, along said curve to the right,
494	494	a distance of 941.65 feet, having a radius of 2050.00 feet, a
495	495	central angle of 2619'06" and a chord which bears N 8137'35" W,
496	496	933.39 feet to a 5/8-inch iron rod with cap stamped "BROWN & GAY set
497	497	for the point of tangency;
498	498	N 6828'02" W, a distance of 399.82 feet to a 5/8-inch
499	499	iron rod with cap stamped "BROWN & GAY set for corner in the east
500	500	line of a called 2,523.670 acre tract described and recorded under
501	501	H.C.C.F. No. U036618;
502	502	THENCE, N 0208'21" W, a distance of 2274.31 feet along the
503	503	east line of said 2,523.670 acre tract to a 5/8-inch iron rod with
504	504	cap stamped "BROWN & GAY" set for the northwest corner of the herein
505	505	described tract and being in the southern right-of-way line of the
506	506	said Union Pacific Railroad Company railroad right-of-way (150'
507	507	wide at this point);
508	508	THENCE, along the said southern right-of-way line the
509	509	following three (3) courses:
510	510	S 6808'29" E, a distance of 1,452.09 feet to a 5/8-inch
511	511	iron rod with cap stamped "BROWN & GAY" set for an angle point;
512	512	N 0245'38" W, a distance of 55.00 feet to a 5/8-inch
513	513	iron rod with cap stamped "BROWN & GAY" set for an angle point from
514	514	which a found disturbed 5/8-inch iron rod bears S 7535' W, 0.64
515	515	feet;
516	516	S 6808'29" E, a distance of 692.19 feet to a 5/8-inch
517	517	iron rod with cap stamped "BROWN & GAY" set for the northwest corner
518	518	of a called 3.220 acre tract described and recorded under D592435;
519	519	THENCE, along the lines common to said 3.220 acre tract and
520	520	the herein described tract the following three (3) courses:
521	521	S 1608'53" W, a distance of 854.18 feet to a 5/8-inch
522	522	iron rod with cap stamped "BROWN & GAY" set for the southwest corner
523	523	of said 3.220 acre tract;
524	524	S 6808'29" E, a distance of 80.00 feet to a 5/8-inch
525	525	iron rod with cap stamped "BROWN & GAY" set for the southeast corner
526	526	of said 3.220 acre tract;
527	527	N 2734'09" E, a distance of 854.18 feet to a 5/8-inch
528	528	iron rod with cap stamped "BROWN & GAY" set for the northeast corner
529	529	of said 3.220 acre tract;
530	530	THENCE, S 6808'29" E, a distance of 4,420.07 feet along the
531	531	said southern railroad right-of-way line to the POINT OF BEGINNING
532	532	and containing 400.03 acres of land.
533	533	TRACT "2"
534	534	BEING a 305.33 acre tract of land in the Moses Merrit Survey,
535	535	A-579 and the J. W. Moody Survey, A-547, Harris County, Texas, being
536	536	part of that certain called 435.44 acre tract described and
537	537	recorded under Harris County Clerk's File Number (H.C.C.F. No.)
538	538	20070535841, said 305.33 acre tract being more particularly
539	539	described by metes and bounds as follows:
540	540	BEGINNING at a 5/8-inch iron rod found for the northeast
541	541	corner of a called 21.148 acre tract described and recorded under
542	542	H.C.C.F. No. M488539 and being in the southern right-of-way line of
543	543	the Union Pacific Railroad Company railroad right-of-way (100' wide
544	544	at this point) as recorded in Volume 964, Page 88 of the Harris
545	545	County Deed Records (H.C.D.R.), having coordinates of X:
546	546	3,004,753.52, Y: 13,921,042.73;
547	547	THENCE, along the said southern right-of-way line the
548	548	following five (5) courses:
549	549	S 6808'29" E, a distance of 3,677.36 feet to a 5/8-inch
550	550	iron rod found for an angle point;
551	551	S 2012'43" W, a distance of 140.80 feet to a 5/8-inch
552	552	iron rod with cap stamped "BROWN & GAY" set for an angle point;
553	553	S 6952'17" E, a distance of 390.35 feet to a 5/8-inch
554	554	iron rod with cap stamped "BROWN & GAY" set for an angle point;
555	555	N 1721'43" E, a distance of 129.36 feet to a 5/8-inch
556	556	iron rod with cap stamped "BROWN & GAY" set for an angle point from
557	557	which a found 5/8-inch iron rod bears S 3105' W, 0.33 feet;
558	558	S 6808'29" E, a distance of 226.09 feet to a 5/8-inch
559	559	iron rod with cap stamped "BROWN & GAY" set for the northeast corner
560	560	of the herein described tract and the northwest corner of a called
561	561	237.257 acre tract described and recorded under H.C.C.F. No.
562	562	W483191 from which a found 5/8-inch iron rod bears S 2912' W, 0.47
563	563	feet;
564	564	THENCE, S 0144'44" E, a distance of 2704.45 feet to a
565	565	5/8-inch iron rod with cap stamped "BROWN & GAY set for the most
566	566	easterly southeast corner of the herein described tract;
567	567	THENCE the following six (6) courses and distances over and
568	568	across said called 435.44 acre tract:
569	569	S 8815'16" W, a distance of 75.72 feet to a 5/8-inch
570	570	iron rod with cap stamped "BROWN & GAY set for the beginning of a
571	571	tangent curve to the left;
572	572	In a Westerly direction, along said curve to the left, a
573	573	distance of 531.50 feet, having a radius of 1950.00 feet, a central
574	574	angle of 1537'00" and a chord which bears S 8026'46" W, 529.85 feet
575	575	to a 5/8-inch iron rod with cap stamped "BROWN & GAY set for the
576	576	point of tangency;
577	577	S 7238'16" W, a distance of 565.96 feet to a 5/8-inch
578	578	iron rod with cap stamped "BROWN & GAY set for the beginning of a
579	579	tangent curve to the right;
580	580	In a Westerly direction, along said curve to the right,
581	581	a distance of 2329.05 feet, having a radius of 2050.00 feet, a
582	582	central angle of 6505'42" and a chord which bears N 7448'53" W,
583	583	2205.79 feet to a 5/8-inch iron rod with cap stamped "BROWN & GAY
584	584	set for the point of tangency;
585	585	N 4216'02" W, a distance of 100.00 feet to a 5/8-inch
586	586	iron rod with cap stamped "BROWN & GAY set for the beginning of a
587	587	tangent curve to the left;
588	588	In a Northwesterly direction, along said curve to the
589	589	left, a distance of 531.87 feet, having a radius of 1950.00 feet, a
590	590	central angle of 1537'39" and a chord which bears N 5004'52" W,
591	591	530.22 feet to a 5/8-inch iron rod with cap stamped "BROWN & GAY set
592	592	for corner;
593	593	THENCE, along the eastern lines of said 21.148 acre tract and
594	594	the western lines of the herein described tract the following five
595	595	(5) courses:
596	596	N 0225'44" W, a distance of 2537.06 feet to a 5/8-inch
597	597	iron rod with cap stamped "BROWN & GAY set for the point of
598	598	curvature of a curve to the left;
599	599	In a northwesterly direction, 121.77 feet along the arc
600	600	of said curve to the left having a radius of 610.00 feet, a central
601	601	angle of 2234'45" and whose chord bears N 1343'07" W, 238.84 feet
602	602	to a disturbed 5/8-inch iron rod found for the point of tangency of
603	603	said curve;
604	604	N 2500'29" W, a distance of 437.99 feet to a 5/8-inch
605	605	iron rod found for the point of curvature of a curve to the right;
606	606	In a northwesterly direction, 319.01 feet along the arc
607	607	of said curve to the right having a radius of 390.00 feet, a central
608	608	angle of 4652'00" and whose chord bears N 0134'29" W, 310.19 feet
609	609	to a 5/8-inch iron rod found for the point of tangency of said
610	610	curve;
611	611	N 2151'31" E, a distance of 100.00 feet to the POINT OF
612	612	BEGINNING and containing 305.33 acres of land.
613	613	SECTION 3. (a) The legal notice of the intention to
614	614	introduce this Act, setting forth the general substance of this
615	615	Act, has been published as provided by law, and the notice and a
616	616	copy of this Act have been furnished to all persons, agencies,
617	617	officials, or entities to which they are required to be furnished
618	618	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
619	619	Government Code.
620	620	(b) The governor, one of the required recipients, has
621	621	submitted the notice and Act to the Texas Commission on
622	622	Environmental Quality.
623	623	(c) The Texas Commission on Environmental Quality has filed
624	624	its recommendations relating to this Act with the governor,
625	625	lieutenant governor, and speaker of the house of representatives
626	626	within the required time.
627	627	(d) The general law relating to consent by political
628	628	subdivisions to the creation of districts with conservation,
629	629	reclamation, and road powers and the inclusion of land in those
630	630	districts has been complied with.
631	631	(e) All requirements of the constitution and laws of this
632	632	state and the rules and procedures of the legislature with respect
633	633	to the notice, introduction, and passage of this Act have been
634	634	fulfilled and accomplished.
635	635	SECTION 4. This Act takes effect immediately if it receives
636	636	a vote of two-thirds of all the members elected to each house, as
637	637	provided by Section 39, Article III, Texas Constitution. If this
638	638	Act does not receive the vote necessary for immediate effect, this
639	639	Act takes effect September 1, 2009.
640	640
641	641	Pos. No. Name of Director
642	642
643	643	1 Chris Taylor
644	644
645	645	2 Leanne Ross
646	646
647	647	3 Ryan Sweeney
648	648
649	649	4 Shane Herzog
650	650
651	651	5 Terry Taylor