Texas 2009 - 81st Regular

Texas House Bill HB4787 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	81R27636 SJM-F
2	2	By: Riddle H.B. No. 4787
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Harris County Improvement District
8	8	No. 18; providing authority to impose an assessment, impose a tax,
9	9	and issue bonds.
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 3879 to read as follows:
13	13	CHAPTER 3879. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 18
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 3879.001. 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 Harris County Improvement
19	19	District No. 18.
20	20	Sec. 3879.002. NATURE OF DISTRICT. The Harris County
21	21	Improvement District No. 18 is a special district created under
22	22	Section 59, Article XVI, Texas Constitution.
23	23	Sec. 3879.003. 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	Houston, Harris County, and other political subdivisions to
29	29	contract with the district, the legislature has established a
30	30	program to accomplish the public purposes set out in Section 52-a,
31	31	Article 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 creating 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. 3879.004. 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, employees, potential 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,
69	69	and 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. 3879.005. INITIAL DISTRICT TERRITORY. (a) The
79	79	district is initially composed of the territory described by
80	80	Section 2 of the Act creating this chapter.
81	81	(b) The boundaries and field notes contained in Section 2 of
82	82	the Act creating 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. 3879.006. 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. 3879.007. 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. 3879.008. 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 3879.009-3879.050 reserved for expansion]
107	107	SUBCHAPTER B. BOARD OF DIRECTORS
108	108	Sec. 3879.051. GOVERNING BODY; TERMS. (a) The district is
109	109	governed by a board of five voting directors who serve staggered
110	110	terms of four years, with two or three directors' terms expiring
111	111	June 1 of each odd-numbered year.
112	112	(b) The board by resolution may change the number of voting
113	113	directors on the board, but only if the board determines that the
114	114	change is in the best interest of the district. The board may not
115	115	consist of fewer than five or more than 15 voting directors.
116	116	Sec. 3879.052. APPOINTMENT OF DIRECTORS. The Texas
117	117	Commission on Environmental Quality shall appoint voting directors
118	118	from persons recommended by the board.
119	119	Sec. 3879.053. INITIAL VOTING DIRECTORS. (a) The initial
120	120	board consists of the following voting directors:
121	121	Pos. No. Name of Director
122	122	1 Robert DeForest
123	123	2 Burdette Keeland
124	124	3 Bobby Deden
125	125	4 Dwayne Mason
126	126	5 John Murphy
127	127	(b) Of the initial directors, the terms of directors
128	128	appointed for positions 1 through 3 expire June 1, 2011, and the
129	129	terms of directors appointed for positions 4 and 5 expire June 1,
130	130	2013.
131	131	(c) Section 3879.052 does not apply to this section.
132	132	(d) This section expires September 1, 2014.
133	133	Sec. 3879.054. NONVOTING DIRECTORS. The board may appoint
134	134	nonvoting directors to serve at the pleasure of the voting
135	135	directors.
136	136	Sec. 3879.055. QUORUM. For purposes of determining the
137	137	requirements for a quorum of the board, the following are not
138	138	counted:
139	139	(1) a board position vacant for any reason, including
140	140	death, resignation, or disqualification;
141	141	(2) a director who is abstaining from participation in
142	142	a vote because of a conflict of interest; or
143	143	(3) a nonvoting director.
144	144	Sec. 3879.056. COMPENSATION. A director is entitled to
145	145	receive fees of office and reimbursement for actual expenses as
146	146	provided by Section 49.060, Water Code. Sections 375.069 and
147	147	375.070, Local Government Code, do not apply to the board.
148	148	[Sections 3879.057-3879.100 reserved for expansion]
149	149	SUBCHAPTER C. POWERS AND DUTIES
150	150	Sec. 3879.101. DEVELOPMENT CORPORATION POWERS. The
151	151	district may exercise the powers given to a development corporation
152	152	under Chapter 505, Local Government Code, including the power to
153	153	own, operate, acquire, construct, lease, improve, or maintain a
154	154	project described by that chapter.
155	155	Sec. 3879.102. NONPROFIT CORPORATION. (a) The board by
156	156	resolution may authorize the creation of a nonprofit corporation to
157	157	assist and act for the district in implementing a project or
158	158	providing a service authorized by this chapter.
159	159	(b) The nonprofit corporation:
160	160	(1) has each power of and is considered for purposes of
161	161	this chapter to be a local government corporation created under
162	162	Chapter 431, Transportation Code; and
163	163	(2) may implement any project and provide any service
164	164	authorized by this chapter.
165	165	(c) The board shall appoint the board of directors of the
166	166	nonprofit corporation. The board of directors of the nonprofit
167	167	corporation shall serve in the same manner as the board of directors
168	168	of a local government corporation created under Chapter 431,
169	169	Transportation Code, except that a board member is not required to
170	170	reside in the district.
171	171	Sec. 3879.103. AGREEMENTS; GRANTS. (a) The district may
172	172	make an agreement with or accept a gift, grant, or loan from any
173	173	person.
174	174	(b) The implementation of a project is a governmental
175	175	function or service for the purposes of Chapter 791, Government
176	176	Code.
177	177	Sec. 3879.104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT
178	178	SERVICES. To protect the public interest, the district may
179	179	contract with a qualified person, including Harris County or the
180	180	City of Houston, for the provision of law enforcement services in
181	181	the district for a fee.
182	182	Sec. 3879.105. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
183	183	district may join and pay dues to a charitable or nonprofit
184	184	organization that performs a service or provides an activity
185	185	consistent with the furtherance of a district purpose.
186	186	Sec. 3879.106. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
187	187	district may establish and provide for the administration of one or
188	188	more programs to promote state or local economic development and to
189	189	stimulate business and commercial activity in the district,
190	190	including programs to:
191	191	(1) make loans and grants of public money; and
192	192	(2) provide district personnel and services.
193	193	(b) The district has all of the powers of a municipality
194	194	under Chapter 380, Local Government Code.
195	195	Sec. 3879.107. STRATEGIC PARTNERSHIP AGREEMENT. The
196	196	district may negotiate and enter into a written strategic
197	197	partnership with the City of Houston as provided by Section
198	198	43.0751, Local Government Code.
199	199	Sec. 3879.108. NO EMINENT DOMAIN. The district may not
200	200	exercise the power of eminent domain.
201	201	Sec. 3879.109. USE OF CONDUITS. (a) The district may
202	202	finance, acquire, construct, improve, operate, maintain, or charge
203	203	a fee for the use of district conduits for:
204	204	(1) fiber-optic cable;
205	205	(2) electronic transmission lines; or
206	206	(3) other types of transmission lines and supporting
207	207	facilities.
208	208	(b) The district may not require a person to use a district
209	209	conduit.
210	210	Sec. 3879.110. ANNEXATION OR EXCLUSION OF LAND. (a) The
211	211	district may annex land as provided by Subchapter J, Chapter 49,
212	212	Water Code.
213	213	(b) The district may exclude land as provided by Subchapter
214	214	J, Chapter 49, Water Code. Section 375.044(b), Local Government
215	215	Code, does not apply to the district.
216	216	[Sections 3879.111-3879.150 reserved for expansion]
217	217	SUBCHAPTER D. PUBLIC PARKING FACILITIES
218	218	Sec. 3879.151. PARKING FACILITIES AUTHORIZED; OPERATION BY
219	219	PRIVATE ENTITY. (a) The district may acquire, lease as lessor or
220	220	lessee, construct, develop, own, operate, and maintain parking
221	221	facilities or a system of parking facilities, including:
222	222	(1) lots, garages, parking terminals, or other
223	223	structures or accommodations for parking motor vehicles off the
224	224	streets; and
225	225	(2) equipment, entrances, exits, fencing, and other
226	226	accessories necessary for safety and convenience in parking
227	227	vehicles.
228	228	(b) A parking facility of the district may be leased to or
229	229	operated on behalf of the district by an entity other than the
230	230	district.
231	231	(c) The district's parking facilities are a program
232	232	authorized by the legislature under Section 52-a, Article III,
233	233	Texas Constitution.
234	234	(d) The district's parking facilities serve the public
235	235	purposes of the district and are owned, used, and held for a public
236	236	purpose even if leased or operated by a private entity for a term of
237	237	years.
238	238	Sec. 3879.152. RULES. The district may adopt rules
239	239	governing the district's public parking facilities.
240	240	Sec. 3879.153. FINANCING OF PUBLIC PARKING FACILITIES. (a)
241	241	The district may use any of its resources, including revenue,
242	242	assessments, taxes, or grant or contract proceeds, to pay the cost
243	243	of acquiring or operating public parking facilities.
244	244	(b) The district may:
245	245	(1) set, charge, impose, and collect fees, charges, or
246	246	tolls for the use of the district's public parking facilities; and
247	247	(2) issue bonds or notes to finance the cost of the
248	248	district's public parking facilities.
249	249	[Sections 3879.154-3879.200 reserved for expansion]
250	250	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
251	251	Sec. 3879.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The
252	252	board by resolution shall establish the number of directors'
253	253	signatures and the procedure required for a disbursement or
254	254	transfer of the district's money.
255	255	Sec. 3879.202. MONEY USED FOR IMPROVEMENTS OR SERVICES.
256	256	The district may acquire, construct, finance, operate, or maintain
257	257	any improvement or service authorized under this chapter or Chapter
258	258	375, Local Government Code, using any money available to the
259	259	district.
260	260	Sec. 3879.203. PETITION REQUIRED FOR FINANCING SERVICES AND
261	261	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
262	262	service or improvement project with assessments under this chapter
263	263	unless a written petition requesting that service or improvement
264	264	has been filed with the board.
265	265	(b) A petition filed under Subsection (a) must be signed by
266	266	the owners of a majority of the assessed value of real property in
267	267	the district subject to assessment according to the most recent
268	268	certified tax appraisal roll for Harris County.
269	269	Sec. 3879.204. METHOD OF NOTICE FOR HEARING. The district
270	270	may mail the notice required by Section 375.115(c), Local
271	271	Government Code, by certified or first class United States mail.
272	272	The board shall determine the method of notice.
273	273	Sec. 3879.205. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
274	274	The board by resolution may impose and collect an assessment for any
275	275	purpose authorized by this chapter in all or any part of the
276	276	district.
277	277	(b) An assessment, a reassessment, or an assessment
278	278	resulting from an addition to or correction of the assessment roll
279	279	by the district, penalties and interest on an assessment or
280	280	reassessment, an expense of collection, and reasonable attorney's
281	281	fees incurred by the district:
282	282	(1) are a first and prior lien against the property
283	283	assessed;
284	284	(2) are superior to any other lien or claim other than
285	285	a lien or claim for county, school district, or municipal ad valorem
286	286	taxes; and
287	287	(3) are the personal liability of and a charge against
288	288	the owners of the property even if the owners are not named in the
289	289	assessment proceedings.
290	290	(c) The lien is effective from the date of the board's
291	291	resolution imposing the assessment until the date the assessment is
292	292	paid. The board may enforce the lien in the same manner that the
293	293	board may enforce an ad valorem tax lien against real property.
294	294	(d) The board may make a correction to or deletion from the
295	295	assessment roll that does not increase the amount of assessment of
296	296	any parcel of land without providing notice and holding a hearing in
297	297	the manner required for additional assessments.
298	298	Sec. 3879.206. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
299	299	ASSESSMENTS. The district may not impose an impact fee or
300	300	assessment on the property, including the equipment,
301	301	rights-of-way, facilities, or improvements, of:
302	302	(1) an electric utility or a power generation company
303	303	as defined by Section 31.002, Utilities Code;
304	304	(2) a gas utility as defined by Section 101.003 or
305	305	121.001, Utilities Code;
306	306	(3) a telecommunications provider as defined by
307	307	Section 51.002, Utilities Code; or
308	308	(4) a person who provides to the public cable
309	309	television or advanced telecommunications services.
310	310	Sec. 3879.207. RESIDENTIAL PROPERTY. Section 375.161,
311	311	Local Government Code, does not apply to a tax imposed by the
312	312	district or a required payment for a service provided by the
313	313	district, including water and sewer service.
314	314	Sec. 3879.208. OPERATION AND MAINTENANCE TAX. (a) If
315	315	authorized at an election held in accordance with Section 3879.212,
316	316	the district may impose an annual operation and maintenance tax on
317	317	taxable property in the district in accordance with Section 49.107,
318	318	Water Code, for any district purpose, including to:
319	319	(1) maintain and operate the district;
320	320	(2) construct or acquire improvements; or
321	321	(3) provide a service.
322	322	(b) The board shall determine the tax rate. The rate may not
323	323	exceed the rate approved at the election.
324	324	(c) Section 49.107(h), Water Code, does not apply to the
325	325	district.
326	326	Sec. 3879.209. CONTRACT TAXES. (a) In accordance with
327	327	Section 49.108, Water Code, the district may impose a tax other than
328	328	an operation and maintenance tax and use the revenue derived from
329	329	the tax to make payments under a contract after the provisions of
330	330	the contract have been approved by a majority of the district voters
331	331	voting at an election held for that purpose.
332	332	(b) A contract approved by the district voters may contain a
333	333	provision stating that the contract may be modified or amended by
334	334	the board without further voter approval.
335	335	Sec. 3879.210. AUTHORITY TO BORROW MONEY AND TO ISSUE
336	336	BONDS. (a) The district may borrow money on terms and conditions
337	337	as determined by the board. Section 375.205, Local Government
338	338	Code, does not apply to a loan, line of credit, or other borrowing
339	339	from a bank or financial institution secured by revenue other than
340	340	ad valorem taxes.
341	341	(b) The district may issue bonds, notes, or other
342	342	obligations payable wholly or partly from ad valorem taxes, sales
343	343	and use taxes, assessments, impact fees, revenue, contract
344	344	payments, grants, or other district money, or any combination of
345	345	those sources of money, to pay for any authorized district purpose.
346	346	(c) The limitation on the outstanding principal amount of
347	347	bonds, notes, and other obligations provided by Section 49.4645,
348	348	Water Code, does not apply to the district.
349	349	Sec. 3879.211. TAXES FOR BONDS. At the time the district
350	350	issues bonds payable wholly or partly from ad valorem taxes, the
351	351	board shall provide for the annual imposition of a continuing
352	352	direct ad valorem tax, without limit as to rate or amount, while all
353	353	or part of the bonds are outstanding as required and in the manner
354	354	provided by Sections 54.601 and 54.602, Water Code.
355	355	Sec. 3879.212. ELECTIONS REGARDING TAXES AND BONDS. (a)
356	356	The district may issue, without an election, bonds, notes, and
357	357	other obligations secured by:
358	358	(1) revenue other than ad valorem taxes; or
359	359	(2) contract payments described by Section 3879.209.
360	360	(b) The district must hold an election in the manner
361	361	provided by Subchapter L, Chapter 375, Local Government Code, to
362	362	obtain voter approval before the district may impose an ad valorem
363	363	tax or sales and use tax or issue bonds payable from ad valorem
364	364	taxes.
365	365	(c) Section 375.243, Local Government Code, does not apply
366	366	to the district.
367	367	(d) All or any part of any facilities or improvements that
368	368	may be acquired by a district by the issuance of district bonds may
369	369	be included in one single proposition to be voted on at the election
370	370	or the bonds may be submitted in several propositions.
371	371	Sec. 3879.213. COMPETITIVE BIDDING. Subchapter I, Chapter
372	372	49, Water Code, applies to the district. Sections 375.221 and
373	373	375.223, Local Government Code, do not apply to the district.
374	374	Sec. 3879.214. TAX AND ASSESSMENT ABATEMENTS. The district
375	375	may grant in the manner authorized by Chapter 312, Tax Code, an
376	376	abatement for a tax or assessment owed to the district.
377	377	[Sections 3879.215-3879.250 reserved for expansion]
378	378	SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED
379	379	PROPERTY
380	380	Sec. 3879.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR
381	381	DESIGNATED PROPERTY. The district may define areas or designate
382	382	certain property of the district to pay for improvements,
383	383	facilities, or services that primarily benefit that area or
384	384	property and do not generally and directly benefit the district as a
385	385	whole.
386	386	Sec. 3879.252. PROCEDURE FOR ELECTION. (a) Before the
387	387	district may impose an ad valorem tax or issue bonds payable from ad
388	388	valorem taxes of the area defined or property designated under
389	389	Section 3879.251, the board must call and hold an election as
390	390	provided by Section 3879.212 only in the defined area or in the
391	391	boundaries of the designated property.
392	392	(b) The board may submit the proposition to the voters on
393	393	the same ballot to be used in another election.
394	394	Sec. 3879.253. DECLARING RESULT AND ISSUING ORDER. (a) If
395	395	a majority of the voters voting at the election approve the
396	396	proposition or propositions, the board shall declare the results
397	397	and by order shall establish the defined area and describe it by
398	398	metes and bounds or designate the specific property.
399	399	(b) A court may not review the board's order except on the
400	400	ground of fraud, palpable error, or arbitrary and confiscatory
401	401	abuse of discretion.
402	402	Sec. 3879.254. TAXES FOR SERVICES, IMPROVEMENTS, AND
403	403	FACILITIES IN DEFINED AREA OR DESIGNATED PROPERTY. On voter
404	404	approval and adoption of the order described in Section 3879.253,
405	405	the district may apply separately, differently, equitably, and
406	406	specifically its taxing power and lien authority to the defined
407	407	area or designated property to provide money to construct,
408	408	administer, maintain, and operate services, improvements, and
409	409	facilities that primarily benefit the defined area or designated
410	410	property.
411	411	Sec. 3879.255. ISSUANCE OF BONDS AND IMPOSITION OF TAXES
412	412	FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under
413	413	Section 3879.253 is adopted, the district may issue bonds to
414	414	provide for any land, improvements, facilities, plants, equipment,
415	415	and appliances for the defined area or designated property.
416	416	[Sections 3879.256-3879.300 reserved for expansion]
417	417	SUBCHAPTER G. SALES AND USE TAX
418	418	Sec. 3879.301. MEANINGS OF WORDS AND PHRASES. Words and
419	419	phrases used in this subchapter that are defined by Chapters 151 and
420	420	321, Tax Code, have the meanings assigned by Chapters 151 and 321,
421	421	Tax Code.
422	422	Sec. 3879.302. APPLICABILITY OF CERTAIN TAX CODE
423	423	PROVISIONS. (a) Except as otherwise provided by this subchapter,
424	424	Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code,
425	425	apply to taxes imposed under this subchapter and to the
426	426	administration and enforcement of those taxes in the same manner
427	427	that those laws apply to state taxes.
428	428	(b) Chapter 321, Tax Code, relating to municipal sales and
429	429	use taxes, applies to the application, collection, change, and
430	430	administration of a sales and use tax imposed under this subchapter
431	431	to the extent consistent with this chapter, as if references in
432	432	Chapter 321, Tax Code, to a municipality referred to the district
433	433	and references to a governing body referred to the board.
434	434	(c) Sections 321.106, 321.401, 321.402, 321.403, 321.404,
435	435	321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not
436	436	apply to a tax imposed under this subchapter.
437	437	Sec. 3879.303. AUTHORIZATION; ELECTION. (a) The district
438	438	may adopt a sales and use tax to serve the purposes of the district
439	439	after an election in which a majority of the voters of the district
440	440	voting in the election authorize the adoption of the tax.
441	441	(b) The board by order may call an election to authorize a
442	442	sales and use tax. The election may be held with any other district
443	443	election.
444	444	(c) The district shall provide notice of the election and
445	445	shall hold the election in the manner prescribed by Section
446	446	3879.212.
447	447	(d) The ballots shall be printed to provide for voting for
448	448	or against the proposition: "Authorization of a sales and use tax
449	449	in the Harris County Improvement District No. 18 at a rate not to
450	450	exceed _____ percent."
451	451	Sec. 3879.304. ABOLISHING SALES AND USE TAX. (a) Except as
452	452	provided by Subsection (b), the board may abolish the sales and use
453	453	tax without an election.
454	454	(b) The board may not abolish the sales and use tax if the
455	455	district has outstanding debt secured by the tax.
456	456	Sec. 3879.305. SALES AND USE TAX RATE. (a) On adoption of
457	457	the tax authorized by this subchapter, there is imposed a tax on the
458	458	receipts from the sale at retail of taxable items within the
459	459	district, and an excise tax on the use, storage, or other
460	460	consumption within the district of taxable items purchased, leased,
461	461	or rented from a retailer within the district during the period that
462	462	the tax is in effect.
463	463	(b) The board shall determine the rate of the tax, which may
464	464	be in one-eighth of one percent increments not to exceed the maximum
465	465	rate authorized by the district voters at the election. The board
466	466	may lower the tax rate to the extent it does not impair any
467	467	outstanding debt or obligations payable from the tax.
468	468	(c) The rate of the excise tax is the same as the rate of the
469	469	sales tax portion of the tax and is applied to the sales price of the
470	470	taxable item.
471	471	[Sections 3879.306-3879.350 reserved for expansion]
472	472	SUBCHAPTER H. HOTEL OCCUPANCY TAXES
473	473	Sec. 3879.351. HOTEL OCCUPANCY TAX. (a) In this section,
474	474	"hotel" has the meaning assigned by Section 156.001, Tax Code.
475	475	(b) For purposes of this section, a reference in Chapter
476	476	351, Tax Code, to a municipality is a reference to the district and
477	477	a reference in Chapter 351, Tax Code, to the municipality's
478	478	officers or governing body is a reference to the board.
479	479	(c) Except as otherwise provided by this section,
480	480	Subchapter A, Chapter 351, Tax Code, governs a hotel occupancy tax
481	481	authorized by this section, including the collection of the tax.
482	482	(d) The district may impose a hotel occupancy tax and may
483	483	use revenue from the tax for any district purpose that is an
484	484	authorized use of hotel occupancy tax revenue under Chapter 351,
485	485	Tax Code.
486	486	(e) The board by order may impose, repeal, increase, or
487	487	decrease the rate of a tax on a person who, under a lease,
488	488	concession, permit, right of access, license, contract, or
489	489	agreement, pays for the use or possession or for the right to the
490	490	use or possession of a room that:
491	491	(1) is in a hotel located in the district's boundaries;
492	492	(2) costs $2 or more each day; and
493	493	(3) is ordinarily used for sleeping.
494	494	(f) The amount of the tax may not exceed seven percent of the
495	495	price paid for a room in a hotel.
496	496	(g) The district may examine and receive information
497	497	related to the imposition of hotel occupancy taxes to the same
498	498	extent as if the district were a municipality.
499	499	[Sections 3879.352-3879.400 reserved for expansion]
500	500	SUBCHAPTER I. MUNICIPAL ANNEXATION AND DISSOLUTION
501	501	Sec. 3879.401. MUNICIPAL ANNEXATION; DISSOLUTION. (a)
502	502	Section 43.071, Local Government Code, applies to the district, and
503	503	the district is a "water or sewer district" for purposes of that
504	504	section.
505	505	(b) Section 43.075, Local Government Code, applies to the
506	506	district.
507	507	(c) Section 375.264, Local Government Code, does not apply
508	508	to the dissolution of the district by a municipality.
509	509	SECTION 2. The Harris County Improvement District No. 18
510	510	initially includes all territory contained in the following area:
511	511	TRACT 1 of 3:
512	512	Being a tract or parcel containing 69.9705 acres of land
513	513	situated in the F. Limsky Survey, Abstract Number 512, Harris
514	514	County, Texas, and being all of the called 69.9297 acre tract as
515	515	described in the deed to Chrymirene Properties Company, Inc., and
516	516	Springwoods Realty Company recorded under Harris County Clerk's
517	517	File Number T146401; said 69.9705 acre tract being more
518	518	particularly described by metes and bounds as follows (all bearings
519	519	stated herein are based on the Texas State Plane Coordinate System,
520	520	South Central Zone, NAD 29 (19683 adjustment) as depicted on the
521	521	Texas Department of Transportation Right-of-Way map for Interstate
522	522	Highway 45, Account Number 9012-7-30, CSJ 0110-05-068):
523	523	BEGINNING at a 3/4-inch iron rod found in the south
524	524	right-of-way line of the Missouri Pacific Railroad (100 feet wide),
525	525	as described in the deed recorded in Volume 139, Page 452, of the
526	526	Harris County Deed Records, marking the northwest corner of said
527	527	called 69.9297 acre tract common with the northeast corner of the
528	528	called 15.00 acre tract as described in the deed recorded under
529	529	Harris County Clerk's File Number D798332;
530	530	THENCE, South 8057'24" East, along said south right-of-way
531	531	line, a distance of 1,762.44 feet to a 5/8-inch iron rod found
532	532	marking the northwest corner of the called 10.445 acre tract as
533	533	described in the deed recorded under Harris County Clerk's File
534	534	Number F394301;
535	535	THENCE, South 0249'28" East, along the west line of said
536	536	called 10.445 acre tract, a distance of 1,630.01 feet to a 5/8-inch
537	537	iron rod with plastic cap stamped "TERRA SURVEYING" set in the north
538	538	right-of-way line of Spring Stuebner Road (60 feet wide);
539	539	THENCE, South 8654'21" West, along said north right-of-way
540	540	line, a distance of 1,498.48 feet to a 5/8-inch iron rod found
541	541	marking the southeast corner aforesaid called 15.00 acre tract;
542	542	THENCE, North 0253'31" West, along the east line of said
543	543	called 15.00 acre tract, a distance of 360.27 feet to a 5/8-inch
544	544	iron rod found marking an angle corner of said called 15.00 acre
545	545	tract;
546	546	THENCE, South 8654'45" West, along the east line of said
547	547	called 15.00 acre tract, a distance of 223.95 feet to a 5/8-inch
548	548	iron rod found marking an angle corner of said called 15.00 acre
549	549	tract;
550	550	THENCE, North 253'31" West, along the east line of said
551	551	called 15.00 acre tract, a distance of 1,640.27 feet to the POINT OF
552	552	BEGINNING 69.9705 acres of land. This description is based on the
553	553	plat of the ALTA/ACSM Land Title Survey prepared by Terra Surveying
554	554	Company, Inc., dated July 19, 2006, TSC Project Number
555	555	0106-0301-A01.
556	556	TRACT 2 of 3:
557	557	Being a tract or parcel containing 83.0841 acres of land
558	558	situated in the F. Limsky Survey, Abstract Number 512, Harris
559	559	County, Texas, and being all of the called 82.8694 acre tract as
560	560	described in the deed to Chrymirene Properties Company, Inc., and
561	561	Springwoods Realty Company recorded under Harris County Clerk's
562	562	File Number T146401; said 83.0841 acre tract being more
563	563	particularly described by metes and bounds as follows (all bearings
564	564	stated herein are based on the Texas State Plane Coordinate System,
565	565	South Central Zone, NAD 29 (19683 adjustment) as depicted on the
566	566	Texas Department of Transportation Right-of-Way map for Interstate
567	567	Highway 45, Account Number 9012-7-30, CSJ 0110-05-068):
568	568	BEGINNING at a 5/8-inch iron rod found in the south
569	569	right-of-way line of the Missouri Pacific Railroad (100 feet wide),
570	570	as described in the deed recorded in Volume 139, Page 452, of the
571	571	Harris County Deed Records, marking the northeast corner of said
572	572	called 82.8694 acre tract common with the northwest corner of the
573	573	called 4.1807 acre tract as described in the deed recorded under
574	574	Harris County Clerk's File Number H058736;
575	575	THENCE, South 0215'54" East, along the west line of said
576	576	called 4.1807 acre tract, a distance of 507.13 feet to a 5/8-inch
577	577	iron rod with plastic cap stamped "TERRA SURVEYING" set in the north
578	578	right-of-way line of Spring Stuebner Road (60 feet wide) marking
579	579	the southeast corner of the herein described tract;
580	580	THENCE, South 8654'21" West, along said north right-of-way
581	581	line, a distance of 3,901.63 feet to a 5/8-inch iron rod found
582	582	marking the southeast corner of the called 9.4671 acre tract as
583	583	described in the deed recorded under Harris County Clerk's File
584	584	Number F773219;
585	585	THENCE, North 0249'28" West, along the east line of said
586	586	called 9.4671 acre tract, a distance of 1,346.43 feet to a 5/8-inch
587	587	iron rod with plastic cap stamped "TERRA SURVEYING" set in the
588	588	aforesaid south right-of-way line of the Missouri Pacific Railroad
589	589	marking the north west corner of the herein described tract;
590	590	THENCE, South 8057'24" East, along said south right-of-way
591	591	line a distance of 3,991.87 feet to the POINT OF BEGINNING 83.0841
592	592	acres of land. This description is based on the plat of the
593	593	ALTA/ACSM Land Title Survey prepared by Terra Surveying Company,
594	594	Inc., dated July 19, 2006, TSC Project Number 0106-0301-A01.
595	595	TRACT 3 of 3:
596	596	Being a tract or parcel containing 1,421.1124 acres of land
597	597	situated in the F. Limsky Survey, Abstract Number 512, Richard
598	598	Beach Survey, Abstract Number 137, and the James Moore Survey,
599	599	Abstract Number 583, all in Harris County, Texas, and being all of
600	600	the called 1,408.0939 acre tract as described in the deed to
601	601	Chrymirene Properties Company, Inc., and Springwoods Realty
602	602	Company recorded under Harris County Clerk's File Number T146401,
603	603	and all of the called 1.4856 acre tract as described in the deed to
604	604	Springwoods Realty Corporation recorded under Harris County
605	605	Clerk's File Number T785884; said 1,421.1124 acre tract being more
606	606	particularly described by metes and bounds as follows (all bearings
607	607	stated herein are based on the Texas State Plane Coordinate System,
608	608	South Central Zone, NAD 29 (19683 adjustment) as depicted on the
609	609	Texas Department of Transportation Right-of-Way map for Interstate
610	610	Highway 45, Account Number 9012-7-30, CSJ 0110-05-068):
611	611	BEGINNING at an axle found in the north right-of-way line of
612	612	the Missouri Pacific Railroad (100 feet wide), as described in the
613	613	deed recorded in Volume 139, Page 452, of the Harris County Deed
614	614	Records, marking the southeast corner of said called 1,408.0939
615	615	acre tract common with the southwest corner of the called 6.00 acre
616	616	tract as described in the deed recorded under Harris County Clerk's
617	617	File Number U173578;
618	618	THENCE, North 8057'24" West, along said north right-of-way
619	619	line, a distance of 7,926.68 feet to a 5/8-inch iron rod found
620	620	marking the southeast corner of the called 140.1685 acre tract as
621	621	described in the deed recorded under Harris County Clerk's File
622	622	Number R984278 common with the southwest corner of the herein
623	623	described tract;
624	624	THENCE, North 0226'47" West, along the east line of said
625	625	called 140.1685 acre tract, a distance of 5,748.58 feet to the
626	626	northwest corner of the herein described tract in the centerline of
627	627	Spring Creek;
628	628	THENCE, along the centerline of Spring Creek as meandered in
629	629	July of 2006 the following Forty-Eight (48) courses and distances;
630	630	North 3122'36" East, a distance of 142.45 feet;
631	631	North 4935'22" East, a distance of 116.57 feet;
632	632	South 8900'36" East, a distance of 292.35 feet;
633	633	South 5827'00" East, a distance of 85.79 feet;
634	634	North 8056'30" East, a distance of 164.19 feet;
635	635	North 6157'17" East, a distance of 269.77 feet;
636	636	South 6315'16" East, a distance of 349.48 feet;
637	637	South 8026'06" East, a distance of 208.37 feet;
638	638	South 4036'00" East, a distance of 274.54 feet;
639	639	South 8438'53" East, a distance of 113.03 feet;
640	640	North 5047'47" East, a distance of 543.35 feet;
641	641	South 8014'02" East, a distance of 212.53 feet;
642	642	South 4539'14" East, a distance of 195.16 feet;
643	643	South 2416'46" East, a distance of 186.29 feet;
644	644	North 8716'43" East, a distance of 92.63 feet;
645	645	North 6747'36" East, a distance of 416.14 feet;
646	646	North 2629'19" East, a distance of 95.14 feet;
647	647	North 945'41" West, a distance of 542.50 feet;
648	648	North 5246'48" East, a distance of 192.95 feet;
649	649	South 8436'09" East, a distance of 200.78 feet;
650	650	North 3909'55" East, a distance of 131.98 feet;
651	651	North 1359'12" East, a distance of 488.80 feet;
652	652	North 5554'31" East, a distance of 252.47 feet;
653	653	North 7150'16" East, a distance of 496.79 feet;
654	654	North 4534'12" East, a distance of 107.58 feet;
655	655	North 8130'41" East, a distance of 83.70 feet;
656	656	South 7538'22" East, a distance of 94.27 feet;
657	657	South 5803'06" East, a distance of 147.30 feet;
658	658	South 7645'02" East, a distance of 382.50 feet;
659	659	North 4806'00" East, a distance of 238.60 feet;
660	660	North 2225'42" East, a distance of 198.43 feet;
661	661	North 5954'16" East, a distance of 84.46 feet;
662	662	North 7224'48" East, a distance of 208.16 feet;
663	663	South 8443'33" East, a distance of 357.51 feet;
664	664	North 7230'04" East, a distance of 117.17 feet;
665	665	South 8726'11" East, a distance of 212.90 feet;
666	666	South 6913'23" East, a distance of 345.53 feet;
667	667	South 2906'11" East, a distance of 101.86 feet;
668	668	North 8954'32" East, a distance of 176.49 feet;
669	669	North 5926'57" East, a distance of 423.79 feet;
670	670	North 6631'27" East, a distance of 168.10 feet;
671	671	South 8332'01" East, a distance of 222.63 feet;
672	672	North 8420'46" East, a distance of 74.88 feet;
673	673	North 5440'19" East, a distance of 77.43 feet;
674	674	North 4103'04" East, a distance of 231.87 feet;
675	675	North 7135'52" East, a distance of 144.34 feet;
676	676	South 8133'16" East, a distance of 91.64 feet;
677	677	South 6642'36" East, a distance of 117.37 feet to the
678	678	intersection of said centerline and the west right-of-way
679	679	line of Interstate Highway 45 (width varies);
680	680	THENCE, along said west right-of-way line the following
681	681	Sixteen (16) courses and distances
682	682	South 0311'31" East (called South 0411'25" East), a
683	683	distance of 366.12 feet to a 5/8-inch iron rod with plastic
684	684	cap stamped "TERRA SURVEYING" set;
685	685	South 0325'46" East (called South 0411'25" East), a
686	686	distance of 154.92 feet to a found Texas Department of
687	687	Transportation monument;
688	688	South 0301'28" East (called South 0411'25" East), a
689	689	distance of 40.53 feet to a found Texas Department of
690	690	Transportation from which a found 2-inch iron pipe bears
691	691	North 4709' East, 0.92 feet;
692	692	North 8637'31" East (called North 8645'55" East), a
693	693	distance of 150.29 feet to a found Texas Department of
694	694	Transportation monument from which a found 5/8-inch iron rod
695	695	bears North 4310' East, 1.35 feet;
696	696	South 1015'13" East (called South 1022'11" East), a
697	697	distance of 647.19 feet (called 649.81 feet) to a 5/8-inch
698	698	iron rod with plastic cap stamped "TERRA SURVEYING" set from
699	699	which a 5/8-inch iron rod found disturbed bears South
700	700	0757'24" East, 3.67 feet;
701	701	South 0453'28" East (called South 0451'18" East), a
702	702	distance of 303.83 feet (called 300.13 feet) to a found
703	703	5/8-inch iron rod;
704	704	South 0728'17" East, a distance of 99.95 feet to a found
705	705	5/8-inch iron rod;
706	706	South 3941'01" West, a distance of 57.06 feet to a set
707	707	5/8-inch iron rod with plastic cap stamped "TERRA SURVEYING";
708	708	South 8720'13" West, a distance of 10.00 feet to a found
709	709	Texas Department of Transportation monument;
710	710	South 0239'47" East, a distance of 80.00 feet to a set
711	711	5/8-inch iron rod with plastic cap stamped "TERRA SURVEYING";
712	712	North 8720'13" East, a distance of 10.00 feet to a set
713	713	5/8-inch iron rod with plastic cap stamped "TERRA SURVEYING";
714	714	South 4626'42" East, a distance of 77.96 feet to a set
715	715	5/8-inch iron rod with plastic cap stamped "TERRA SURVEYING";
716	716	South 0458'48" East, a distance of 208.76 to a found
717	717	Texas Department of Transportation monument;
718	718	South 0710'22" East, a distance of 485.85 feet to a set
719	719	5/8-inch iron rod with plastic cap stamped "TERRA SURVEYING";
720	720	South 0523'54" East, a distance of 206.08 feet set
721	721	5/8-inch iron rod with plastic cap stamped "TERRA SURVEYING";
722	722	South 0302'04" East, a distance of 377.43 feet to a
723	723	5/8-inch iron rod found marking the northeast corner of the
724	724	called 10 acre tract as described in the deed recorded in
725	725	Volume 1048, Page 67, of the Harris County Deed Records;
726	726	THENCE, South 8819'48" West, along the north line of said
727	727	called 10 acre tract, a distance of 764.64 feet (called 763.69 feet)
728	728	to a 1/2-inch iron pipe found marking the northwest corner of said
729	729	called 10.0 acre tract;
730	730	THENCE, South 0214'16" East, along the west line of said
731	731	called 10 acre tract, a distance of 426.96 feet to a 5/8-inch iron
732	732	rod with plastic cap stamped "TERRA SURVEYING" set marking an
733	733	interior corner of the herein described tract;
734	734	THENCE, North 8752'57" East, along the south line of said
735	735	called 10 acre tract, a distance of 770.46 feet (called 771.28 feet)
736	736	to a 5/8-inch iron rod found in the aforesaid west right-of-way line
737	737	of Interstate Highway 45 marking the southeast corner of said
738	738	called 10 acre tract;
739	739	THENCE, South 0302'04" East, along said west right-of-way
740	740	line, a distance of 739.59 feet to a 5/8-inch iron rod with plastic
741	741	cap stamped "TERRA SURVEYING" set marking the Point of Curvature of
742	742	a curve to the left;
743	743	THENCE, continuing along said west right-of-way line, along
744	744	said curve to the left having a central angle of 0002'17", an arc
745	745	distance of 15.34 feet, a radius of 23,099.81 feet, and a chord
746	746	which bears South 0303'11" East, a distance of 15.34 feet to a
747	747	5/8-inch iron rod found marking the northeast corner of the called
748	748	6.64 acre tract as described in the deed recorded in Volume 2247,
749	749	Page 590, of the Harris County Deed Records;
750	750	THENCE, South 8750'13" West (called South 8745'44" West),
751	751	along the north line of said called 6.64 acre tract, a distance of
752	752	779.22 feet (called 779.49 feet) to a 5/8-inch iron rod found
753	753	marking the northwest corner of said called 6.64 acre tract;
754	754	THENCE, South 0212'23" East (called South 0234'59" East),
755	755	along the east line of said called 6.64 acre tract, a distance of
756	756	299.10 feet (called 299.26 feet) to a 1/2-inch iron pipe found
757	757	marking the northeast corner of the called 1.701 acre tract as
758	758	described in the deed recorded under Harris County Clerk's File
759	759	Number T934409;
760	760	THENCE, South 0216'10" East (called South 0214'48" East),
761	761	along the west line of said called 1.701 acre tract and then along
762	762	the west line the called 1.701 acre tract as described in the deed
763	763	recorded under Harris County Clerk's File Number T934408, a
764	764	distance of 550.83 feet to a 5/8-inch iron rod found marking the
765	765	southwest corner of said called 1.701 acre tract;
766	766	THENCE, North 8617'22" East, along the south line of said
767	767	called 1.701 acre tract, a distance of 601.99 feet to a 5/8-inch
768	768	iron rod found marking the southeast corner of said called 1.701
769	769	acre tract;
770	770	THENCE, North 0322'36" West, along the east line of said
771	771	called 1.701 acre tract, a distance of 550.67 feet (called 550.47
772	772	feet) to a 1/2-inch iron rod found in the south line of the
773	773	aforesaid called 6.64 acre tract;
774	774	THENCE, North 8611'48" East (called North 8615'38" East),
775	775	along said south line, a distance of 194.02 feet (called 155.50
776	776	feet) to a Texas Department of Transportation monument found
777	777	marking a point on a curve to the left in the aforesaid west
778	778	right-of-way line of Interstate Highway 45;
779	779	THENCE, along said west right-of-way line and said curve to
780	780	the left having a central angle of 0002'13", an arc distance of
781	781	14.88 feet, a radius of 23,099.81 feet, and a chord which bears
782	782	South 0346'46" East, a distance of 14.88 feet to a 5/8-inch iron rod
783	783	with plastic cap stamped "TERRA SURVEYING" set marking the end of
784	784	said curve;
785	785	THENCE, South 0007'56" West, continuing along said west
786	786	right-of-way line, a distance of 53.41 feet to a 5/8-inch iron rod
787	787	with plastic cap stamped "TERRA SURVEYING" set marking an angle
788	788	corner of the herein described tract;
789	789	THENCE, South 0020'00" West (called South 0327'08" East),
790	790	along the west line of the called 1.590 acre tract as described in
791	791	the deed recorded in Volume 3274, Page 338, of the Harris County
792	792	Deed Records, a distance of 642.96 feet to a 5/8-inch iron rod with
793	793	plastic cap stamped "TERRA SURVEYING" set marking an angle corner
794	794	of the herein described tract;
795	795	THENCE, South 0318'44" East (called South 0327'08" East),
796	796	along the west lines of those certain tracts recorded under Harris
797	797	County Clerk's File Numbers F754657, T406580, U406352, and J617466,
798	798	a distance of 469.29 feet to a 5/8-inch iron rod with plastic cap
799	799	stamped "TERRA SURVEYING" set marking an angle corner of the herein
800	800	described tract;
801	801	THENCE, South 0256'18" East (called South 0327'08" East),
802	802	along the west line of the called 0.325 acre tract as described in
803	803	the deed recorded under Harris County Clerk's File Number R872066
804	804	and then along the west line of the called 0.729 acre tract as
805	805	described in the deed recorded under Harris County Clerk's File
806	806	Number M665530, a distance of 234.23 feet to a 1/2-inch iron pipe
807	807	found marking the southeast corner of said called 0.729 acre tract;
808	808	THENCE, North 8645'29" East, along the south line of said
809	809	called 0.729 acre tract, a distance of 82.21 feet to a 5/8-inch iron
810	810	rod with plastic cap stamped "TERRA SURVEYING" set in the aforesaid
811	811	west right-of-way line of Interstate Highway 45;
812	812	THENCE, South 0501'46" East, along said west right-of-way
813	813	line, a distance of 705.37 feet to a Texas Department of
814	814	Transportation monument found in the north line of the called
815	815	1.6920 acre tract as described in the deed recorded under Harris
816	816	County Clerk's File Number F261338;
817	817	THENCE, South 8729'17" West, along said north line, distance
818	818	of 102.64 feet to a 5/8-inch iron rod with plastic cap stamped
819	819	"TERRA SURVEYING" set marking an angle corner of the herein
820	820	described tract;
821	821	THENCE, South 0550'04" East (called South 0327'08" East),
822	822	along the west line of said called 1.6920 acre tract, a distance of
823	823	273.84 feet to 5/8-inch iron rod found marking the southeast corner
824	824	of the called 12.939 acre tract as described in the deed recorded
825	825	under Harris County Clerk's File Number U776662;
826	826	THENCE, South 8617'01" West (called South 8612'32" West),
827	827	along a north line of said called 12.939 acre tract, a distance of
828	828	155.34 feet (called 155.56 feet) to an angle iron found in the east
829	829	line of the called 3.1232 acre tract;
830	830	THENCE, North 0345'59" West (called North 0347'28" West),
831	831	along said east line, a distance of 206.96 feet (called 207.15 feet)
832	832	to a 1/2-inch iron rod found marking the southeast corner of said
833	833	called 3.1232 acre tract;
834	834	THENCE, South 8716'46" West (called South 8715'28" West),
835	835	along the north line of said called 3.1232 acre tract and then along
836	836	the north line of the aforesaid called 12.939 acre tract, a distance
837	837	of 635.71 feet (called 635.50 feet) to a 1/2-inch iron rod found
838	838	marking the northwest corner of said called 12.939 acre tract;
839	839	THENCE, South 0214'41" East (called South 0215'34" East),
840	840	along the west line of said called 12.939 acre tract, a distance of
841	841	809.36 feet (called 810.15 feet) to an axle found marking the
842	842	southwest corner of said called 12.939 acre tract;
843	843	THENCE, South 0213'55" East, along the west line of the
844	844	aforesaid called 6.00 acre tract, a distance of 1,708.71 feet to the
845	845	POINT OF BEGINNING 1421.1124 acres of land. This description is
846	846	based on the plat of the ALTA/ACSM Land Title Survey prepared by
847	847	Terra Surveying Company, Inc., dated July 19, 2006, TSC Project
848	848	Number 0106-0301-A01.
849	849	SECTION 3. (a) The legal notice of the intention to
850	850	introduce this Act, setting forth the general substance of this
851	851	Act, has been published as provided by law, and the notice and a
852	852	copy of this Act have been furnished to all persons, agencies,
853	853	officials, or entities to which they are required to be furnished
854	854	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
855	855	Government Code.
856	856	(b) The governor, one of the required recipients, has
857	857	submitted the notice and Act to the Texas Commission on
858	858	Environmental Quality.
859	859	(c) The Texas Commission on Environmental Quality has filed
860	860	its recommendations relating to this Act with the governor,
861	861	lieutenant governor, and speaker of the house of representatives
862	862	within the required time.
863	863	(d) The general law relating to consent by political
864	864	subdivisions to the creation of districts with conservation,
865	865	reclamation, and road powers and the inclusion of land in those
866	866	districts has been complied with.
867	867	(e) All requirements of the constitution and laws of this
868	868	state and the rules and procedures of the legislature with respect
869	869	to the notice, introduction, and passage of this Act have been
870	870	fulfilled and accomplished.
871	871	SECTION 4. This Act takes effect immediately if it receives
872	872	a vote of two-thirds of all the members elected to each house, as
873	873	provided by Section 39, Article III, Texas Constitution. If this
874	874	Act does not receive the vote necessary for immediate effect, this
875	875	Act takes effect September 1, 2009.