Texas 2009 - 81st Regular

Texas House Bill HB4740 Compare Versions

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Old	New	Differences
1	1	81R28201 SJM-F
2	2	By: Fletcher H.B. No. 4740
3	3	Substitute the following for H.B. No. 4740:
4	4	By: Berman C.S.H.B. No. 4740
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. 14; 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 3882 to read as follows:
15	15	CHAPTER 3882. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 14
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 3882.001. 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. 14.
22	22	Sec. 3882.002. NATURE OF DISTRICT. The Harris County
23	23	Improvement District No. 14 is a special district created under
24	24	Section 59, Article XVI, Texas Constitution.
25	25	Sec. 3882.003. 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. 3882.004. 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. 3882.005. 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. 3882.006. 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. 3882.007. 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. 3882.008. 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 3882.009-3882.050 reserved for expansion]
109	109	SUBCHAPTER B. BOARD OF DIRECTORS
110	110	Sec. 3882.051. 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. 3882.052. 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. 3882.053. INITIAL VOTING DIRECTORS. (a) The initial
122	122	board consists of the following voting directors:
123	123	Pos. No. Name of Director
124	124	1 Robbie Winston
125	125	2 David Loosley
126	126	3 Craig Young
127	127	4 Jeff Finn
128	128	5 Rachal Taylor
129	129	(b) Of the initial directors, the terms of directors
130	130	appointed for positions 1 through 3 expire June 1, 2011, and the
131	131	terms of directors appointed for positions 4 and 5 expire June 1,
132	132	2013.
133	133	(c) Section 3882.052 does not apply to this section.
134	134	Sec. 3882.054. NONVOTING DIRECTORS. The board may appoint
135	135	nonvoting directors to serve at the pleasure of the voting
136	136	directors.
137	137	Sec. 3882.055. QUORUM. For purposes of determining the
138	138	requirements for a quorum of the board, the following are not
139	139	counted:
140	140	(1) a board position vacant for any reason, including
141	141	death, resignation, or disqualification;
142	142	(2) a director who is abstaining from participation in
143	143	a vote because of a conflict of interest; or
144	144	(3) a nonvoting director.
145	145	Sec. 3882.056. COMPENSATION. A director is entitled to
146	146	receive fees of office and reimbursement for actual expenses as
147	147	provided by Section 49.060, Water Code. Sections 375.069 and
148	148	375.070, Local Government Code, do not apply to the board.
149	149	[Sections 3882.057-3882.100 reserved for expansion]
150	150	SUBCHAPTER C. POWERS AND DUTIES
151	151	Sec. 3882.101. DEVELOPMENT CORPORATION POWERS. The
152	152	district may exercise the powers given to a development corporation
153	153	under Section 4B, Development Corporation Act of 1979 (Article
154	154	5190.6, Vernon's Texas Civil Statutes), including the power to own,
155	155	operate, acquire, construct, lease, improve, or maintain a project
156	156	described by that section.
157	157	Sec. 3882.102. NONPROFIT CORPORATION. (a) The board by
158	158	resolution may authorize the creation of a nonprofit corporation to
159	159	assist and act for the district in implementing a project or
160	160	providing a service authorized by this chapter.
161	161	(b) The nonprofit corporation:
162	162	(1) has each power of and is considered for purposes of
163	163	this chapter to be a local government corporation created under
164	164	Chapter 431, Transportation Code; and
165	165	(2) may implement any project and provide any service
166	166	authorized by this chapter.
167	167	(c) The board shall appoint the board of directors of the
168	168	nonprofit corporation. The board of directors of the nonprofit
169	169	corporation shall serve in the same manner as the board of directors
170	170	of a local government corporation created under Chapter 431,
171	171	Transportation Code, except that a board member is not required to
172	172	reside in the district.
173	173	Sec. 3882.103. AGREEMENTS; GRANTS. (a) The district may
174	174	make an agreement with or accept a gift, grant, or loan from any
175	175	person.
176	176	(b) The implementation of a project is a governmental
177	177	function or service for the purposes of Chapter 791, Government
178	178	Code.
179	179	Sec. 3882.104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT
180	180	SERVICES. To protect the public interest, the district may
181	181	contract with a qualified person, including Harris County or the
182	182	City of Houston, for the provision of law enforcement services in
183	183	the district for a fee.
184	184	Sec. 3882.105. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
185	185	district may join and pay dues to a charitable or nonprofit
186	186	organization that performs a service or provides an activity
187	187	consistent with the furtherance of a district purpose.
188	188	Sec. 3882.106. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
189	189	district may establish and provide for the administration of one or
190	190	more programs to promote state or local economic development and to
191	191	stimulate business and commercial activity in the district,
192	192	including programs to:
193	193	(1) make loans and grants of public money; and
194	194	(2) provide district personnel and services.
195	195	(b) The district has all of the powers of a municipality
196	196	under Chapter 380, Local Government Code.
197	197	Sec. 3882.107. STRATEGIC PARTNERSHIP AGREEMENT. The
198	198	district may negotiate and enter into a written strategic
199	199	partnership with the City of Houston pursuant to Section 43.0751,
200	200	Local Government Code.
201	201	Sec. 3882.108. NO EMINENT DOMAIN. The district may not
202	202	exercise the power of eminent domain.
203	203	Sec. 3882.109. ANNEXATION OR EXCLUSION OF LAND. (a) The
204	204	district may annex land as provided by Subchapter J, Chapter 49,
205	205	Water Code.
206	206	(b) The district may exclude land as provided by Subchapter
207	207	J, Chapter 49, Water Code. Section 375.044(b), Local Government
208	208	Code, does not apply to the district.
209	209	[Sections 3882.110-3882.150 reserved for expansion]
210	210	SUBCHAPTER D. PUBLIC PARKING FACILITIES
211	211	Sec. 3882.151. PARKING FACILITIES AUTHORIZED; OPERATION BY
212	212	PRIVATE ENTITY. (a) The district may acquire, lease as lessor or
213	213	lessee, construct, develop, own, operate, and maintain parking
214	214	facilities or a system of parking facilities, including:
215	215	(1) lots, garages, parking terminals, or other
216	216	structures or accommodations for parking motor vehicles off the
217	217	streets; and
218	218	(2) equipment, entrances, exits, fencing, and other
219	219	accessories necessary for safety and convenience in parking
220	220	vehicles.
221	221	(b) A parking facility of the district may be leased to or
222	222	operated on behalf of the district by an entity other than the
223	223	district.
224	224	(c) The district's parking facilities are a program
225	225	authorized by the legislature under Section 52-a, Article III,
226	226	Texas Constitution.
227	227	(d) The district's parking facilities serve the public
228	228	purposes of the district and are owned, used, and held for a public
229	229	purpose even if leased or operated by a private entity for a term of
230	230	years.
231	231	Sec. 3882.152. RULES. The district may adopt rules
232	232	governing the district's public parking facilities.
233	233	Sec. 3882.153. FINANCING OF PUBLIC PARKING FACILITIES. (a)
234	234	The district may use any of its resources, including revenue,
235	235	assessments, taxes, or grant or contract proceeds, to pay the cost
236	236	of acquiring or operating public parking facilities.
237	237	(b) The district may:
238	238	(1) set, charge, impose, and collect fees, charges, or
239	239	tolls for the use of the district's public parking facilities; and
240	240	(2) issue bonds or notes to finance the cost of the
241	241	district's public parking facilities.
242	242	[Sections 3882.154-3882.200 reserved for expansion]
243	243	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
244	244	Sec. 3882.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The
245	245	board by resolution shall establish the number of directors'
246	246	signatures and the procedure required for a disbursement or
247	247	transfer of the district's money.
248	248	Sec. 3882.202. MONEY USED FOR IMPROVEMENTS OR SERVICES.
249	249	The district may acquire, construct, finance, operate, or maintain
250	250	any improvement or service authorized under this chapter or Chapter
251	251	375, Local Government Code, using any money available to the
252	252	district.
253	253	Sec. 3882.203. PETITION REQUIRED FOR FINANCING SERVICES AND
254	254	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
255	255	service or improvement project with assessments under this chapter
256	256	unless a written petition requesting that service or improvement
257	257	has been filed with the board.
258	258	(b) A petition filed under Subsection (a) must be signed by
259	259	the owners of a majority of the assessed value of real property in
260	260	the district subject to assessment according to the most recent
261	261	certified tax appraisal roll for Harris County.
262	262	Sec. 3882.204. METHOD OF NOTICE FOR HEARING. The district
263	263	may mail the notice required by Section 375.115(c), Local
264	264	Government Code, by certified or first class United States mail.
265	265	The board shall determine the method of mailing notice.
266	266	Sec. 3882.205. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
267	267	The board by resolution may impose and collect an assessment for any
268	268	purpose authorized by this chapter in all or any part of the
269	269	district.
270	270	(b) An assessment, a reassessment, or an assessment
271	271	resulting from an addition to or correction of the assessment roll
272	272	by the district, penalties and interest on an assessment or
273	273	reassessment, an expense of collection, and reasonable attorney's
274	274	fees incurred by the district:
275	275	(1) are a first and prior lien against the property
276	276	assessed;
277	277	(2) are superior to any other lien or claim other than
278	278	a lien or claim for county, school district, or municipal ad valorem
279	279	taxes; and
280	280	(3) are the personal liability of and a charge against
281	281	the owners of the property even if the owners are not named in the
282	282	assessment proceedings.
283	283	(c) The lien is effective from the date of the board's
284	284	resolution imposing the assessment until the date the assessment is
285	285	paid. The board may enforce the lien in the same manner that the
286	286	board may enforce an ad valorem tax lien against real property.
287	287	(d) The board may make a correction to or deletion from the
288	288	assessment roll that does not increase the amount of assessment of
289	289	any parcel of land without providing notice and holding a hearing in
290	290	the manner required for additional assessments.
291	291	Sec. 3882.206. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
292	292	ASSESSMENTS. The district may not impose an impact fee or
293	293	assessment on the property, including the equipment,
294	294	rights-of-way, facilities, or improvements, of:
295	295	(1) an electric utility or a power generation company
296	296	as defined by Section 31.002, Utilities Code;
297	297	(2) a gas utility as defined by Section 101.003 or
298	298	121.001, Utilities Code;
299	299	(3) a telecommunications provider as defined by
300	300	Section 51.002, Utilities Code; or
301	301	(4) a person who provides to the public cable
302	302	television or advanced telecommunications services.
303	303	Sec. 3882.207. RESIDENTIAL PROPERTY. Section 375.161,
304	304	Local Government Code, does not apply to a tax imposed by the
305	305	district.
306	306	Sec. 3882.208. OPERATION AND MAINTENANCE TAX. (a) If
307	307	authorized at an election held in accordance with Section 3882.212,
308	308	the district may impose an annual operation and maintenance tax on
309	309	taxable property in the district in accordance with Section 49.107,
310	310	Water Code, for any district purpose, including to:
311	311	(1) maintain and operate the district;
312	312	(2) construct or acquire improvements; or
313	313	(3) provide a service.
314	314	(b) The board shall determine the tax rate. The rate may not
315	315	exceed the rate approved at the election.
316	316	(c) Section 49.107(h), Water Code, does not apply to the
317	317	district.
318	318	Sec. 3882.209. CONTRACT TAXES. (a) In accordance with
319	319	Section 49.108, Water Code, the district may impose a tax other than
320	320	an operation and maintenance tax and use the revenue derived from
321	321	the tax to make payments under a contract after the provisions of
322	322	the contract have been approved by a majority of the district voters
323	323	voting at an election held for that purpose.
324	324	(b) A contract approved by the district voters may contain a
325	325	provision stating that the contract may be modified or amended by
326	326	the board without further voter approval.
327	327	Sec. 3882.210. AUTHORITY TO BORROW MONEY AND TO ISSUE
328	328	BONDS. (a) The district may borrow money on terms and conditions
329	329	as determined by the board. Section 375.205, Local Government
330	330	Code, does not apply to a loan, line of credit, or other borrowing
331	331	from a bank or financial institution secured by revenue other than
332	332	ad valorem taxes.
333	333	(b) The district may issue bonds, notes, or other
334	334	obligations payable wholly or partly from ad valorem taxes, sales
335	335	and use taxes, assessments, impact fees, revenue, contract
336	336	payments, grants, or other district money, or any combination of
337	337	those sources of money, to pay for any authorized district purpose.
338	338	(c) The limitation on the outstanding principal amount of
339	339	bonds, notes, and other obligations set forth in Section 49.4645,
340	340	Water Code, does not apply to the district.
341	341	Sec. 3882.211. TAXES FOR BONDS. At the time the district
342	342	issues bonds payable wholly or partly from ad valorem taxes, the
343	343	board shall provide for the annual imposition of a continuing
344	344	direct annual ad valorem tax, without limit as to rate or amount,
345	345	while all or part of the bonds are outstanding as required and in
346	346	the manner provided by Sections 54.601 and 54.602, Water Code.
347	347	Sec. 3882.212. ELECTIONS REGARDING TAXES AND BONDS. (a)
348	348	The district may issue, without an election, bonds, notes, and
349	349	other obligations secured by:
350	350	(1) revenue other than ad valorem taxes; or
351	351	(2) contract payments described by Section 3882.209.
352	352	(b) The district must hold an election in the manner
353	353	provided by Subchapter L, Chapter 375, Local Government Code, to
354	354	obtain voter approval before the district may impose an ad valorem
355	355	tax or sales and use tax or issue bonds payable from ad valorem
356	356	taxes.
357	357	(c) Section 375.243, Local Government Code, does not apply
358	358	to the district.
359	359	(d) All or any part of any facilities or improvements which
360	360	may be acquired by a district by the issuance of its bonds may be
361	361	included in one single proposition to be voted on at the election or
362	362	the bonds may be submitted in several propositions.
363	363	Sec. 3882.213. COMPETITIVE BIDDING. Subchapter I, Chapter
364	364	49, Water Code, applies to the district. Sections 375.221 and
365	365	375.223, Local Government Code, do not apply to the district.
366	366	Sec. 3882.214. TAX AND ASSESSMENT ABATEMENTS. The district
367	367	may grant in the manner authorized by Chapter 312, Tax Code, an
368	368	abatement for a tax or assessment owed to the district.
369	369	[Sections 3882.215-3882.250 reserved for expansion]
370	370	SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED
371	371	PROPERTY
372	372	Sec. 3882.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR
373	373	DESIGNATED PROPERTY. The district may define areas or designate
374	374	certain property of the district to pay for improvements,
375	375	facilities, or services that primarily benefit that area or
376	376	property and do not generally and directly benefit the district as a
377	377	whole.
378	378	Sec. 3882.252. PROCEDURE FOR ELECTION. (a) Before the
379	379	district may impose an ad valorem tax or issue bonds payable from ad
380	380	valorem taxes of the area defined or property designated under
381	381	Section 3882.251, the board must call and hold an election as
382	382	provided by Section 3882.212 only in the defined area or in the
383	383	boundaries of the designated property.
384	384	(b) The board may submit the proposition to the voters on
385	385	the same ballot to be used in another election.
386	386	Sec. 3882.253. DECLARING RESULT AND ISSUING ORDER. (a) If
387	387	a majority of the voters voting at the election approve the
388	388	proposition or propositions, the board shall declare the results
389	389	and by order shall establish the defined area and describe it by
390	390	metes and bounds or designate the specific property.
391	391	(b) A court may not review the board's order except on the
392	392	ground of fraud, palpable error, or arbitrary and confiscatory
393	393	abuse of discretion.
394	394	Sec. 3882.254. TAXES FOR SERVICES, IMPROVEMENTS, AND
395	395	FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
396	396	approval and adoption of the order described in Section 3882.253,
397	397	the district may apply separately, differently, equitably, and
398	398	specifically its taxing power and lien authority to the defined
399	399	area or designated property to provide money to construct,
400	400	administer, maintain, and operate services, improvements, and
401	401	facilities that primarily benefit the defined area or designated
402	402	property.
403	403	Sec. 3882.255. ISSUANCE OF BONDS AND IMPOSITION OF TAXES
404	404	FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under
405	405	Section 3882.253 is adopted, the district may issue bonds to
406	406	provide for any land, improvements, facilities, plants, equipment,
407	407	and appliances for the defined area or designated property.
408	408	[Sections 3882.256-3882.300 reserved for expansion]
409	409	SUBCHAPTER G. MUNICIPAL ANNEXATION AND DISSOLUTION
410	410	Sec. 3882.301. MUNICIPAL ANNEXATION; DISSOLUTION. (a) The
411	411	district is a "water or sewer district" under Section 43.071, Local
412	412	Government Code.
413	413	(b) Section 43.075, Local Government Code, applies to the
414	414	district.
415	415	(c) Section 375.264, Local Government Code, does not apply
416	416	to the dissolution of the district by a municipality.
417	417	SECTION 2. The Harris County Improvement District No. 14
418	418	initially includes all territory contained in the following area:
419	419	BEING 622.07 acres of land lying wholly within Harris County,
420	420	Texas consisting of TRACT "1": A 491.96 acre tract situated in the
421	421	Jno. W. Baker Survey, A-116 and the Moses Merritt Survey, A-579,
422	422	TRACT "2": A 130.11 acre tract situated in the J. W. Moody Survey,
423	423	A-547 and more particularly described as follows:
424	424	TRACT "1"
425	425	BEING a 491.96 acre tract of land in the Jno. W. Baker Survey,
426	426	A-116 and the Moses Merritt Survey, A-579, Harris County, Texas,
427	427	being part of that certain called 891.99 acre tract described and
428	428	recorded under Harris County Clerk's File Number (H.C.C.F. No.)
429	429	20070535841, said 491.96 acre tract being more particularly
430	430	described by metes and bounds as follows:
431	431	COMMENCING at a 5/8-inch iron rod found for the northwest
432	432	corner of a called 21.148 acre tract described and recorded under
433	433	H.C.C.F. No. M488539 and being in the southern right-of-way line of
434	434	the Union Pacific Railroad Company railroad right-of-way (100' wide
435	435	at this point) as recorded in Volume 964, Page 88 of the Harris
436	436	County Deed Records (H.C.D.R.), having coordinates of X:
437	437	3,004,549.33, Y: 13,921,124.64;
438	438	THENCE, along the western lines of said 21.148 acre tract and
439	439	the eastern lines of said 891.99 acre tract the following five (5)
440	440	courses:
441	441	S 2151'31" W, a distance of 100.00 feet to a disturbed
442	442	5/8-inch iron rod found for the point of curvature of a curve to the
443	443	left;
444	444	In a southeasterly direction, 498.97 feet along the arc
445	445	of said curve to the left having a radius of 610.00 feet, a central
446	446	angle of 4652'00" and whose chord bears S 0134'29" E, 485.17 feet
447	447	to a 5/8-inch iron rod found for the point of tangency of said
448	448	curve;
449	449	S 2500'29" E, a distance of 437.99 feet to a 5/8-inch
450	450	iron rod found for the point of curvature of a curve to the right;
451	451	In a southeasterly direction, 153.69 feet along the arc
452	452	of said curve to the right having a radius of 390.00 feet, a central
453	453	angle of 2234'45" and whose chord bears S 1343'07" E, 152.70 feet
454	454	to a 5/8-inch iron rod with cap stamped "BROWN & GAY" set for the
455	455	point of tangency of said curve;
456	456	S 0225'44" E, a distance of 2406.07 feet to a 5/8-inch
457	457	iron rod with cap stamped "BROWN & GAY set for the POINT OF
458	458	BEGINNING;
459	459	THENCE, S 0225'44" E, a distance of 638.84 feet to a 5/8-inch
460	460	iron rod with cap stamped "BROWN & GAY set for the southeast corner
461	461	of the herein described tract and the southwest corner of the said
462	462	21.148 acre tract and being in the north line of a called 410.160
463	463	acre tract described and recorded under H.C.C.F. No. R209030 from
464	464	which a found 5/8-inch iron rod bears N 6508' W, 0.98 feet;
465	465	THENCE, S 8704'34" W, a distance of 5,120.84 feet to a
466	466	5/8-inch iron rod with cap stamped "BROWN & GAY" set for an interior
467	467	ell corner of the herein described tract and the northwest corner of
468	468	said 410.160 acre tract from which a found 4X4 concrete monument
469	469	bears N 5058' W, 1.54 feet;
470	470	THENCE, S 0323'06" E, a distance of 2,819.50 feet to the most
471	471	southerly southeast corner of the herein described tract and the
472	472	northeast corner of a called 1,004.14 acre tract described as
473	473	Parcel A, Tract 6 in the deed recorded under H.C.C.F. No. W677033
474	474	from which a found 4X4 concrete monument bears N 7229' E, 0.54 feet;
475	475	THENCE, S 8702'37" W, a distance of 1,336.61 feet along the
476	476	north line of said 1,004.14 acre tract to the southwest corner of
477	477	the herein described tract and the southeast corner of a called
478	478	2,523.670 acre tract described and recorded under H.C.C.F. No.
479	479	U036618 from which a found 3/4-inch iron rod bears N 3758' E, 0.36
480	480	feet;
481	481	THENCE, N 0208'21" W, a distance of 7524.66 feet along the
482	482	east line of said 2,523.670 acre tract to a 5/8-inch iron rod with
483	483	cap stamped "BROWN & GAY" set for the northwest corner of the herein
484	484	described tract;
485	485	THENCE the following eight (8) courses and distances over and
486	486	across said 891.99 acre tract:
487	487	S 6828'02" E, a distance of 399.82 feet to a 5/8-inch
488	488	iron rod with cap stamped "BROWN & GAY" set for the beginning of a
489	489	tangent curve to the left;
490	490	In an Easterly direction, along said curve to the left,
491	491	a distance of 941.65 feet, having a radius of 2050.00 feet, a
492	492	central angle of 2619'06" and a chord which bears S 8137'35" E,
493	493	933.39 feet to the point of tangency;
494	494	N 8512'52" E, a distance of 100.00 feet to a 5/8-inch
495	495	iron rod with cap stamped "BROWN & GAY" set for the beginning of a
496	496	tangent curve to the right;
497	497	In a Southeasterly direction, along said curve to the
498	498	right, a distance of 2468.33 feet, having a radius of 1950.00 feet,
499	499	a central angle of 7231'32" and a chord which bears S 5831'22" E,
500	500	2306.81 feet to a 5/8-inch iron rod with cap stamped "BROWN & GAY"
501	501	set for the point of tangency;
502	502	S 2215'36" E, a distance of 873.59 feet to a 5/8-inch
503	503	iron rod with cap stamped "BROWN & GAY" set for the beginning of a
504	504	tangent curve to the left;
505	505	In a Southeasterly direction, along said curve to the
506	506	left a distance of 2441.52 feet, having a radius of 2050.00 feet, a
507	507	central angle of 6814'18" and a chord which bears S 5622'45" E,
508	508	2299.76 feet to the point of tangency;
509	509	N 8930'06" E, a distance of 100.00 feet to a 5/8-inch
510	510	iron rod with cap stamped "BROWN & GAY" set for the beginning of a
511	511	tangent curve to the right;
512	512	In an Easterly direction, along said curve to the right,
513	513	a distance of 853.40 feet, having a radius of 1950.00 feet, a
514	514	central angle of 2504'30" and a chord which bears S 7757'39" E,
515	515	846.60 feet to the POINT OF BEGINNING and containing 491.96 acres of
516	516	land.
517	517	TRACT "2"
518	518	BEING a 130.11 acre tract of land in the J.W. Moody Survey,
519	519	A-547, Harris County, Texas, being part of that certain called
520	520	435.44 acre tract described and recorded under Harris County
521	521	Clerk's File Number (H.C.C.F. No.) 20070535841, said 130.11 acre
522	522	tract being more particularly described by metes and bounds as
523	523	follows:
524	524	COMMENCING at a 5/8-inch iron rod found for the northeast
525	525	corner of a called 21.148 acre tract described and recorded under
526	526	H.C.C.F. No. M488539 and being in the southern right-of-way line of
527	527	the Union Pacific Railroad Company railroad right-of-way (100' wide
528	528	at this point) as recorded in Volume 964, Page 88 of the Harris
529	529	County Deed Records (H.C.D.R.), having coordinates of X:
530	530	3,004,753.52, Y: 13,921,042.73;
531	531	THENCE, along the eastern lines of said 21.148 acre tract and
532	532	the western lines of said 435.44 acre tract the following five (5)
533	533	courses:
534	534	S 2151'31" W, a distance of 100.00 feet to a 5/8-inch
535	535	iron rod found for the beginning of a tangent curve to the left;
536	536	In a southeasterly direction, 319.01 feet along the arc
537	537	of said curve to the left having a radius of 390.00 feet, a central
538	538	angle of 4652'00" and whose chord bears S 0134'29" E, 310.19 feet
539	539	to a 5/8-inch iron rod with cap stamped "BROWN & GAY" set for
540	540	corner;
541	541	S 2500'29" E, a distance of 437.99 feet to a 5/8-inch
542	542	iron rod found (disturbed) for the point of curvature of a curve to
543	543	the right;
544	544	In a southeasterly direction, 121.77 feet along the arc
545	545	of said curve to the right having a radius of 610.00 feet, a central
546	546	angle of 2234'45" and whose chord bears S 1343'07" E, 238.84 feet
547	547	to a 5/8-inch iron rod with cap stamped "BROWN & GAY" set for point
548	548	of tangency of said curve;
549	549	S 0225'44" E, a distance of 2537.06 feet to a 5/8-inch
550	550	iron rod with cap stamped "BROWN & GAY set for the POINT OF
551	551	BEGINNING and the beginning of a non-tangent curve of a curve to the
552	552	left;
553	553	THENCE the following six (6) courses and distances over and
554	554	across said called 435.44 acre tract:
555	555	In a Southeasterly direction, along said curve to the
556	556	right, a distance of 531.87 feet, having a radius of 1950.00 feet, a
557	557	central angle of 1537'39" and a chord which bears S 5004'52" E,
558	558	530.22 feet to a /8-inch iron rod with cap stamped "BROWN & GAY" set
559	559	for the point of tangency;
560	560	S 4216'02" E, a distance of 100.00 feet to a /8-inch
561	561	iron rod with cap stamped "BROWN & GAY" set for the beginning of a
562	562	tangent curve to the left;
563	563	In an Easterly direction, along said curve to the left,
564	564	a distance of 2329.05 feet, having a radius of 2050.00 feet, a
565	565	central angle of 6505'42" and a chord which bears S 7448'53" E,
566	566	2205.79 feet to a /8-inch iron rod with cap stamped "BROWN & GAY"
567	567	set for the point of tangency;
568	568	N 7238'16" E, a distance of 565.96 feet to a /8-inch
569	569	iron rod with cap stamped "BROWN & GAY" set for the beginning of a
570	570	tangent curve to the right;
571	571	In an Easterly direction, along said curve to the right,
572	572	a distance of 531.50 feet, having a radius of 1950.00 feet, a
573	573	central angle of 1537'00" and a chord which bears N 8026'46" E,
574	574	529.85 feet to a /8-inch iron rod with cap stamped "BROWN & GAY" set
575	575	for the point of tangency;
576	576	N 8815'16" E, a distance of 75.72 feet to a 5/8-inch
577	577	iron rod with cap stamped "BROWN & GAY" set for corner in the west
578	578	line of a called 237.257 acre tract described and recorded under
579	579	H.C.C.F. No. W483191;
580	580	THENCE, S 0144'44" E, a distance of 849.90 feet to a 5/8-inch
581	581	iron rod with cap stamped "BROWN & GAY set for the most easterly
582	582	southeast corner of the herein described tract and the southwest
583	583	corner of the said 237.257 acre tract and being in the north line of
584	584	a called 130.70 acre tract described as Parcel A, Tract 10A in the
585	585	deed recorded under H.C.C.F. No. W677033;
586	586	THENCE, S 8929'51" W, a distance of 942.59 feet to a 5/8-inch
587	587	iron rod with cap stamped "BROWN & GAY set for an interior ell
588	588	corner of the herein described tract and the northwest corner of the
589	589	said 130.70 acre tract;
590	590	THENCE, S 0226'29" E, a distance of 1,308.26 feet to a
591	591	5/8-inch iron rod with cap stamped "BROWN & GAY set for the most
592	592	southerly southeast corner of the herein described tract and an
593	593	interior ell corner of the said 130.70 acre tract;
594	594	THENCE, along the lines common to the herein described tract
595	595	and a called 410.160 acre tract described and recorded under
596	596	H.C.C.F. No. R209030 the following three (3) courses:
597	597	S 8809'30" W, a distance of 1,389.63 feet to a 5/8-inch
598	598	iron rod found for an angle point;
599	599	N 4635'14" W, a distance of 1,961.15 feet to an angle
600	600	point from which a found 3/4-inch iron pipe bears N 2727' E, 0.57
601	601	feet;
602	602	N 0222'23" W, a distance of 1,090.04 feet to a 5/8-inch
603	603	iron rod with cap stamped "BROWN & GAY set for an angle point of the
604	604	herein described tract and the northeast corner of the said 410.160
605	605	acre tract and being the southeast corner of said called 21.148 acre
606	606	tract;
607	607	THENCE N 0225'44" W, a distance of 505.95 feet along the east
608	608	line of said called 21.148 acre tract to the POINT OF BEGINNING and
609	609	containing 130.11 acres of land.
610	610	SECTION 3. (a) The legal notice of the intention to
611	611	introduce this Act, setting forth the general substance of this
612	612	Act, has been published as provided by law, and the notice and a
613	613	copy of this Act have been furnished to all persons, agencies,
614	614	officials, or entities to which they are required to be furnished
615	615	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
616	616	Government Code.
617	617	(b) The governor, one of the required recipients, has
618	618	submitted the notice and Act to the Texas Commission on
619	619	Environmental Quality.
620	620	(c) The Texas Commission on Environmental Quality has filed
621	621	its recommendations relating to this Act with the governor,
622	622	lieutenant governor, and speaker of the house of representatives
623	623	within the required time.
624	624	(d) The general law relating to consent by political
625	625	subdivisions to the creation of districts with conservation,
626	626	reclamation, and road powers and the inclusion of land in those
627	627	districts has been complied with.
628	628	(e) All requirements of the constitution and laws of this
629	629	state and the rules and procedures of the legislature with respect
630	630	to the notice, introduction, and passage of this Act have been
631	631	fulfilled and accomplished.
632	632	SECTION 4. This Act takes effect immediately if it receives
633	633	a vote of two-thirds of all the members elected to each house, as
634	634	provided by Section 39, Article III, Texas Constitution. If this
635	635	Act does not receive the vote necessary for immediate effect, this
636	636	Act takes effect September 1, 2009.