Texas 2009 - 81st Regular

Texas House Bill HB4801 Compare Versions

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1	1	81R28179 SJM-F
2	2	By: Hernandez H.B. No. 4801
3	3	Substitute the following for H.B. No. 4801:
4	4	By: Berman C.S.H.B. No. 4801
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. 15; 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 3883 to read as follows:
15	15	CHAPTER 3883. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 15
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 3883.001. 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. 15.
22	22	Sec. 3883.002. NATURE OF DISTRICT. The Harris County
23	23	Improvement District No. 15 is a special district created under
24	24	Section 59, Article XVI, Texas Constitution.
25	25	Sec. 3883.003. 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. 3883.004. 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	(4) provide for water, wastewater, drainage, road,
70	70	and recreational facilities for the district; and
71	71	(5) provide for canals, waterways, bulkheads, docks,
72	72	and other similar improvements or facilities for the district.
73	73	(e) Pedestrian ways along or across a street, whether at
74	74	grade or above or below the surface, and street lighting, street
75	75	landscaping, parking, and street art objects are parts of and
76	76	necessary components of a street and are considered to be a street
77	77	or road improvement.
78	78	(f) The district will not act as the agent or
79	79	instrumentality of any private interest even though the district
80	80	will benefit many private interests as well as the public.
81	81	Sec. 3883.005. INITIAL DISTRICT TERRITORY. (a) The
82	82	district is initially composed of the territory described by
83	83	Section 2 of the Act enacting this chapter.
84	84	(b) The boundaries and field notes contained in Section 2 of
85	85	the Act enacting this chapter form a closure. A mistake in the
86	86	field notes or in copying the field notes in the legislative process
87	87	does not affect the district's:
88	88	(1) organization, existence, or validity;
89	89	(2) right to issue any type of bond for the purposes
90	90	for which the district is created or to pay the principal of and
91	91	interest on the bond;
92	92	(3) right to impose or collect an assessment or tax; or
93	93	(4) legality or operation.
94	94	Sec. 3883.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
95	95	All or any part of the area of the district is eligible to be
96	96	included in:
97	97	(1) a tax increment reinvestment zone created under
98	98	Chapter 311, Tax Code;
99	99	(2) a tax abatement reinvestment zone created under
100	100	Chapter 312, Tax Code; or
101	101	(3) an enterprise zone created under Chapter 2303,
102	102	Government Code.
103	103	Sec. 3883.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
104	104	DISTRICTS LAW. Except as otherwise provided by this chapter,
105	105	Chapter 375, Local Government Code, applies to the district.
106	106	Sec. 3883.008. LIBERAL CONSTRUCTION OF CHAPTER. This
107	107	chapter shall be liberally construed in conformity with the
108	108	findings and purposes stated in this chapter.
109	109	[Sections 3883.009-3883.050 reserved for expansion]
110	110	SUBCHAPTER B. BOARD OF DIRECTORS
111	111	Sec. 3883.051. GOVERNING BODY; TERMS. (a) The district is
112	112	governed by a board of seven voting directors who serve staggered
113	113	terms of four years, with three or four directors' terms expiring
114	114	June 1 of each odd-numbered year.
115	115	(b) The board by resolution may change the number of voting
116	116	directors on the board, but only if the board determines that the
117	117	change is in the best interest of the district. The board may not
118	118	consist of fewer than five or more than 15 voting directors.
119	119	Sec. 3883.052. APPOINTMENT OF DIRECTORS. The Texas
120	120	Commission on Environmental Quality shall appoint voting directors
121	121	from persons recommended by the board.
122	122	Sec. 3883.053. INITIAL VOTING DIRECTORS. (a) The initial
123	123	board consists of the following voting directors:
124	124	Pos. No. Name of Director
125	125	1 Dan Arnold
126	126	2 Kirk Pfeffer
127	127	3 David Dacote
128	128	4 Jim Casey
129	129	5 Steve Alvis
130	130	6 Gregory D. Compean
131	131	7 Ramon Garza
132	132	(b) Of the initial directors, the terms of directors
133	133	appointed for positions 1 through 4 expire June 1, 2011, and the
134	134	terms of directors appointed for positions 5 through 7 expire June
135	135	1, 2013.
136	136	(c) Section 3883.052 does not apply to this section.
137	137	Sec. 3883.054. NONVOTING DIRECTORS. The board may appoint
138	138	nonvoting directors to serve at the pleasure of the voting
139	139	directors.
140	140	Sec. 3883.055. QUORUM. For purposes of determining the
141	141	requirements for a quorum of the board, the following are not
142	142	counted:
143	143	(1) a board position vacant for any reason, including
144	144	death, resignation, or disqualification;
145	145	(2) a director who is abstaining from participation in
146	146	a vote because of a conflict of interest; or
147	147	(3) a nonvoting director.
148	148	Sec. 3883.056. COMPENSATION. A director is entitled to
149	149	receive fees of office and reimbursement for actual expenses as
150	150	provided by Section 49.060, Water Code. Sections 375.069 and
151	151	375.070, Local Government Code, do not apply to the board.
152	152	[Sections 3883.057-3883.100 reserved for expansion]
153	153	SUBCHAPTER C. POWERS AND DUTIES
154	154	Sec. 3883.101. MARITIME IMPROVEMENT AND OPERATIONS POWERS.
155	155	(a) In this section, "port authority" means the Port of Houston
156	156	Authority of Harris County, Texas.
157	157	(b) Except as provided by this section, the district may
158	158	purchase, construct, acquire, own, operate, maintain, improve, or
159	159	extend, inside and outside the district, canals, waterways,
160	160	bulkheads, docks, and any other improvements or facilities
161	161	necessary or convenient to accomplish the navigation purposes of
162	162	the district authorized by Section 59, Article XVI, Texas
163	163	Constitution.
164	164	(c) The district may not exercise its powers in, over,
165	165	under, or across any lands or submerged lands of the port authority,
166	166	as conveyed by the State of Texas to the Harris County Houston Ship
167	167	Channel Navigation District by Chapter 292, Acts of the 40th
168	168	Legislature, Regular Session, 1927.
169	169	(d) The design, construction, operation, and maintenance of
170	170	any improvements or facilities related to navigation of the area
171	171	commonly known as the Houston Ship Channel or its tributaries, as
172	172	described in Section 1, Chapter 97, Acts of the 40th Legislature,
173	173	1st Called Session, 1927, by the district, any owner of land in the
174	174	district, or any other person acting by, through, or on behalf of
175	175	the district or a person who owns land in the district, whether by
176	176	permission, agency, agreement, lease, easement, license, or
177	177	otherwise, must comply with the applicable rules, regulations,
178	178	bylaws, and similar legislative or regulatory acts or policies of
179	179	the port authority.
180	180	(e) Each rule, bylaw, or similar legislative or regulatory
181	181	act or policy of the district is subject to any applicable rule,
182	182	bylaw, or similar legislative or regulatory act or policy of the
183	183	port authority. In case of any conflict or inconsistency, the port
184	184	authority's rules, bylaws, or similar legislative or regulatory
185	185	acts or policies control over the rules, bylaws, or similar
186	186	legislative or regulatory acts or policies of the district.
187	187	(f) The rights, powers, privileges, and authority this
188	188	chapter confers on the district do not supersede or diminish the
189	189	rights, powers, privileges, and authority of the port authority,
190	190	the United States Army Corps of Engineers, or any other state or
191	191	federal agency.
192	192	Sec. 3883.102. DEVELOPMENT CORPORATION POWERS. The
193	193	district may exercise the powers given to a development corporation
194	194	under Chapter 505, Local Government Code, including the power to
195	195	own, operate, acquire, construct, lease, improve, or maintain a
196	196	project described by that section.
197	197	Sec. 3883.103. NONPROFIT CORPORATION. (a) The board by
198	198	resolution may authorize the creation of a nonprofit corporation to
199	199	assist and act for the district in implementing a project or
200	200	providing a service authorized by this chapter.
201	201	(b) The nonprofit corporation:
202	202	(1) has each power of and is considered for purposes of
203	203	this chapter to be a local government corporation created under
204	204	Chapter 431, Transportation Code; and
205	205	(2) may implement any project and provide any service
206	206	authorized by this chapter.
207	207	(c) The board shall appoint the board of directors of the
208	208	nonprofit corporation. The board of directors of the nonprofit
209	209	corporation shall serve in the same manner as the board of directors
210	210	of a local government corporation created under Chapter 431,
211	211	Transportation Code, except that a board member is not required to
212	212	reside in the district.
213	213	Sec. 3883.104. AGREEMENTS; GRANTS. (a) The district may
214	214	make an agreement with or accept a gift, grant, or loan from any
215	215	person.
216	216	(b) The implementation of a project is a governmental
217	217	function or service for the purposes of Chapter 791, Government
218	218	Code.
219	219	Sec. 3883.105. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT
220	220	SERVICES. To protect the public interest, the district may
221	221	contract with a qualified person, including Harris County or the
222	222	City of Houston, for the provision of law enforcement services in
223	223	the district for a fee.
224	224	Sec. 3883.106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
225	225	district may join and pay dues to a charitable or nonprofit
226	226	organization that performs a service or provides an activity
227	227	consistent with the furtherance of a district purpose.
228	228	Sec. 3883.107. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
229	229	district may establish and provide for the administration of one or
230	230	more programs to promote state or local economic development and to
231	231	stimulate business and commercial activity in the district,
232	232	including programs to:
233	233	(1) make loans and grants of public money; and
234	234	(2) provide district personnel and services.
235	235	(b) The district has all of the powers of a municipality
236	236	under Chapter 380, Local Government Code.
237	237	Sec. 3883.108. STRATEGIC PARTNERSHIP AGREEMENT. The
238	238	district may negotiate and enter into a written strategic
239	239	partnership with the City of Houston pursuant to Section 43.0751,
240	240	Local Government Code.
241	241	Sec. 3883.109. NO EMINENT DOMAIN. The district may not
242	242	exercise the power of eminent domain.
243	243	Sec. 3883.110. ANNEXATION OR EXCLUSION OF LAND. (a) The
244	244	district may annex land as provided by Subchapter J, Chapter 49,
245	245	Water Code.
246	246	(b) The district may exclude land as provided by Subchapter
247	247	J, Chapter 49, Water Code. Section 375.044(b), Local Government
248	248	Code, does not apply to the district.
249	249	[Sections 3883.111-3883.150 reserved for expansion]
250	250	SUBCHAPTER D. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES
251	251	Sec. 3883.151. PUBLIC TRANSIT SYSTEM. The district may
252	252	acquire, lease as lessor or lessee, construct, develop, own,
253	253	operate, and maintain a public transit system to serve the area in
254	254	the district.
255	255	Sec. 3883.152. PARKING FACILITIES AUTHORIZED; OPERATION BY
256	256	PRIVATE ENTITY. (a) The district may acquire, lease as lessor or
257	257	lessee, construct, develop, own, operate, and maintain parking
258	258	facilities or a system of parking facilities, including:
259	259	(1) lots, garages, parking terminals, or other
260	260	structures or accommodations for parking motor vehicles off the
261	261	streets; and
262	262	(2) equipment, entrances, exits, fencing, and other
263	263	accessories necessary for safety and convenience in parking
264	264	vehicles.
265	265	(b) A parking facility of the district may be leased to or
266	266	operated on behalf of the district by an entity other than the
267	267	district.
268	268	(c) The district's parking facilities are a program
269	269	authorized by the legislature under Section 52-a, Article III,
270	270	Texas Constitution.
271	271	(d) The district's parking facilities serve the public
272	272	purposes of the district and are owned, used, and held for a public
273	273	purpose even if leased or operated by a private entity for a term of
274	274	years.
275	275	Sec. 3883.153. RULES. The district may adopt rules
276	276	governing the district's public parking facilities.
277	277	Sec. 3883.154. FINANCING OF PUBLIC TRANSIT SYSTEM OR
278	278	PARKING FACILITIES. (a) The district may use any of its resources,
279	279	including revenue, assessments, taxes, or grant or contract
280	280	proceeds, to pay the cost of acquiring or operating a public transit
281	281	system or public parking facilities.
282	282	(b) The district may:
283	283	(1) set, charge, impose, and collect fees, charges, or
284	284	tolls for the use of the district's public transit system or parking
285	285	facilities; and
286	286	(2) issue bonds or notes to finance the cost of the
287	287	district's public transit system or parking facilities.
288	288	[Sections 3883.155-3883.200 reserved for expansion]
289	289	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
290	290	Sec. 3883.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The
291	291	board by resolution shall establish the number of directors'
292	292	signatures and the procedure required for a disbursement or
293	293	transfer of the district's money.
294	294	Sec. 3883.202. MONEY USED FOR IMPROVEMENTS OR SERVICES.
295	295	The district may acquire, construct, finance, operate, or maintain
296	296	any improvement or service authorized under this chapter or Chapter
297	297	375, Local Government Code, using any money available to the
298	298	district.
299	299	Sec. 3883.203. PETITION REQUIRED FOR FINANCING SERVICES AND
300	300	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
301	301	service or improvement project with assessments under this chapter
302	302	unless a written petition requesting that service or improvement
303	303	has been filed with the board.
304	304	(b) A petition filed under Subsection (a) must be signed by
305	305	the owners of a majority of the assessed value of real property in
306	306	the district subject to assessment according to the most recent
307	307	certified tax appraisal roll for Harris County.
308	308	Sec. 3883.204. METHOD OF NOTICE FOR HEARING. The district
309	309	may mail the notice required by Section 375.115(c), Local
310	310	Government Code, by certified or first class United States mail.
311	311	The board shall determine the method of mailing notice.
312	312	Sec. 3883.205. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
313	313	The board by resolution may impose and collect an assessment for any
314	314	purpose authorized by this chapter in all or any part of the
315	315	district.
316	316	(b) An assessment, a reassessment, or an assessment
317	317	resulting from an addition to or correction of the assessment roll
318	318	by the district, penalties and interest on an assessment or
319	319	reassessment, an expense of collection, and reasonable attorney's
320	320	fees incurred by the district:
321	321	(1) are a first and prior lien against the property
322	322	assessed;
323	323	(2) are superior to any other lien or claim other than
324	324	a lien or claim for county, school district, or municipal ad valorem
325	325	taxes; and
326	326	(3) are the personal liability of and a charge against
327	327	the owners of the property even if the owners are not named in the
328	328	assessment proceedings.
329	329	(c) The lien is effective from the date of the board's
330	330	resolution imposing the assessment until the date the assessment is
331	331	paid. The board may enforce the lien in the same manner that the
332	332	board may enforce an ad valorem tax lien against real property.
333	333	(d) The board may make a correction to or deletion from the
334	334	assessment roll that does not increase the amount of assessment of
335	335	any parcel of land without providing notice and holding a hearing in
336	336	the manner required for additional assessments.
337	337	Sec. 3883.206. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
338	338	ASSESSMENTS. The district may not impose an impact fee or
339	339	assessment on the property, including the equipment,
340	340	rights-of-way, facilities, or improvements, of:
341	341	(1) an electric utility or a power generation company
342	342	as defined by Section 31.002, Utilities Code;
343	343	(2) a gas utility as defined by Section 101.003 or
344	344	121.001, Utilities Code;
345	345	(3) a telecommunications provider as defined by
346	346	Section 51.002, Utilities Code; or
347	347	(4) a person who provides to the public cable
348	348	television or advanced telecommunications services.
349	349	Sec. 3883.207. OPERATION AND MAINTENANCE TAX. (a) If
350	350	authorized at an election held in accordance with Section 3883.211,
351	351	the district may impose an annual operation and maintenance tax on
352	352	taxable property in the district in accordance with Section 49.107,
353	353	Water Code, for any district purpose, including to:
354	354	(1) maintain and operate the district;
355	355	(2) construct or acquire improvements; or
356	356	(3) provide a service.
357	357	(b) The board shall determine the tax rate. The rate may not
358	358	exceed the rate approved at the election.
359	359	(c) Section 49.107(h), Water Code, does not apply to the
360	360	district.
361	361	Sec. 3883.208. CONTRACT TAXES. (a) In accordance with
362	362	Section 49.108, Water Code, the district may impose a tax other than
363	363	an operation and maintenance tax and use the revenue derived from
364	364	the tax to make payments under a contract after the provisions of
365	365	the contract have been approved by a majority of the district voters
366	366	voting at an election held for that purpose.
367	367	(b) A contract approved by the district voters may contain a
368	368	provision stating that the contract may be modified or amended by
369	369	the board without further voter approval.
370	370	Sec. 3883.209. AUTHORITY TO BORROW MONEY AND TO ISSUE
371	371	BONDS. (a) The district may borrow money on terms and conditions
372	372	as determined by the board. Section 375.205, Local Government
373	373	Code, does not apply to a loan, line of credit, or other borrowing
374	374	from a bank or financial institution secured by revenue other than
375	375	ad valorem taxes.
376	376	(b) The district may issue bonds, notes, or other
377	377	obligations payable wholly or partly from ad valorem taxes, sales
378	378	and use taxes, assessments, impact fees, revenue, contract
379	379	payments, grants, or other district money, or any combination of
380	380	those sources of money, to pay for any authorized district purpose.
381	381	(c) The limitation on the outstanding principal amount of
382	382	bonds, notes, and other obligations set forth in Section 49.4645,
383	383	Water Code, does not apply to the district.
384	384	Sec. 3883.210. TAXES FOR BONDS. At the time the district
385	385	issues bonds payable wholly or partly from ad valorem taxes, the
386	386	board shall provide for the annual imposition of a continuing
387	387	direct annual ad valorem tax, without limit as to rate or amount,
388	388	while all or part of the bonds are outstanding as required and in
389	389	the manner provided by Sections 54.601 and 54.602, Water Code.
390	390	Sec. 3883.211. ELECTIONS REGARDING TAXES AND BONDS. (a)
391	391	The district may issue, without an election, bonds, notes, and
392	392	other obligations secured by:
393	393	(1) revenue other than ad valorem taxes; or
394	394	(2) contract payments described by Section 3883.208.
395	395	(b) The district must hold an election in the manner
396	396	provided by Subchapter L, Chapter 375, Local Government Code, to
397	397	obtain voter approval before the district may impose an ad valorem
398	398	tax or sales and use tax or issue bonds payable from ad valorem
399	399	taxes.
400	400	(c) Section 375.243, Local Government Code, does not apply
401	401	to the district.
402	402	(d) All or any part of any facilities or improvements which
403	403	may be acquired by a district by the issuance of its bonds may be
404	404	included in one single proposition to be voted on at the election or
405	405	the bonds may be submitted in several propositions.
406	406	Sec. 3883.212. COMPETITIVE BIDDING. Subchapter I, Chapter
407	407	49, Water Code, applies to the district. Sections 375.221 and
408	408	375.223, Local Government Code, do not apply to the district.
409	409	Sec. 3883.213. TAX AND ASSESSMENT ABATEMENTS. The district
410	410	may grant in the manner authorized by Chapter 312, Tax Code, an
411	411	abatement for a tax or assessment owed to the district.
412	412	[Sections 3883.214-3883.250 reserved for expansion]
413	413	SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED
414	414	PROPERTY
415	415	Sec. 3883.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR
416	416	DESIGNATED PROPERTY. The district may define areas or designate
417	417	certain property of the district to pay for improvements,
418	418	facilities, or services that primarily benefit that area or
419	419	property and do not generally and directly benefit the district as a
420	420	whole.
421	421	Sec. 3883.252. PROCEDURE FOR ELECTION. (a) Before the
422	422	district may impose an ad valorem tax or issue bonds payable from ad
423	423	valorem taxes of the area defined or property designated under
424	424	Section 3883.251, the board must call and hold an election as
425	425	provided by Section 3883.211 only in the defined area or in the
426	426	boundaries of the designated property.
427	427	(b) The board may submit the proposition to the voters on
428	428	the same ballot to be used in another election.
429	429	Sec. 3883.253. DECLARING RESULT AND ISSUING ORDER. (a) If
430	430	a majority of the voters voting at the election approve the
431	431	proposition or propositions, the board shall declare the results
432	432	and by order shall establish the defined area and describe it by
433	433	metes and bounds or designate the specific property.
434	434	(b) A court may not review the board's order except on the
435	435	ground of fraud, palpable error, or arbitrary and confiscatory
436	436	abuse of discretion.
437	437	Sec. 3883.254. TAXES FOR SERVICES, IMPROVEMENTS, AND
438	438	FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
439	439	approval and adoption of the order described in Section 3883.253,
440	440	the district may apply separately, differently, equitably, and
441	441	specifically its taxing power and lien authority to the defined
442	442	area or designated property to provide money to construct,
443	443	administer, maintain, and operate services, improvements, and
444	444	facilities that primarily benefit the defined area or designated
445	445	property.
446	446	Sec. 3883.255. ISSUANCE OF BONDS AND IMPOSITION OF TAXES
447	447	FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under
448	448	Section 3883.253 is adopted, the district may issue bonds to
449	449	provide for any land, improvements, facilities, plants, equipment,
450	450	and appliances for the defined area or designated property.
451	451	[Sections 3883.256-3883.300 reserved for expansion]
452	452	SUBCHAPTER G. MUNICIPAL ANNEXATION AND DISSOLUTION
453	453	Sec. 3883.301. MUNICIPAL ANNEXATION; DISSOLUTION. (a) The
454	454	district is a "water or sewer district" under Section 43.071, Local
455	455	Government Code.
456	456	(b) Section 43.075, Local Government Code, applies to the
457	457	district.
458	458	(c) Section 375.264, Local Government Code, does not apply
459	459	to the dissolution of the district by a municipality.
460	460	SECTION 2. Harris County Improvement District No. 15
461	461	initially includes all territory contained in the following area:
462	462	TRACT 1:
463	463	Being a tract of land containing 384.667 acres, located in
464	464	the Richard and Robert Vince Survey, Abstract-76 in Harris County,
465	465	Texas; said 384.667 acres being all of a called 384.581 acre tract
466	466	described in the Special Warranty Deed with Vendor's Lien, recorded
467	467	in the name Port At Greens Bayou, Ltd., in Harris County Clerk's
468	468	File Number (H.C.C.F. No.) Z264553; said 384.667 acre tract being
469	469	more particularly described by metes and bounds as follows (all
470	470	bearings are based on the Texas State Plane Coordinate System,
471	471	South Central Zone (NAD27), per said H.C.C.F. No. Z264553):
472	472	Beginning at a 5/8-inch iron rod found on the westerly
473	473	Right-Of-Way (R.O.W.) line of Beltway 8 East (variable width per
474	474	instruments recoded under H.C.C.F. Nos. F894212, L150096, G259887,
475	475	G259888, G259889 and G259890), being the northeast corner of said
476	476	384.581 acre tract, and being in the southerly line of a called
477	477	75.253 acre tract described in the General Warranty Deed recorded
478	478	in the name of Missouri Pacific Railroad Company in Volume 4245,
479	479	Page 527 of the Harris County Deed Records (H.C.D.R.);
480	480	Thence, with the westerly lines of said Beltway 8 East and the
481	481	easterly lines of said 384.581 acre tract, the following nine (9)
482	482	courses:
483	483	1. South 02 degrees 42 minutes 24 seconds East, a distance
484	484	of 1089.96 feet to a 5/8-inch iron rod with "MSG cap set;
485	485	2. North 87 degrees 17 minutes 36 seconds East, a distance
486	486	of 149.99 feet to a 5/8-inch rod found;
487	487	3. South 02 degrees 42 minutes 24 seconds East, a distance
488	488	of 838.69 feet to a 5/8-inch iron rod found;
489	489	4. South 31 degrees 31 minutes 02 seconds East, a distance
490	490	of 342.36 feet to a 5/8-inch iron rod found;
491	491	5. South 01 degrees 41 minutes 01 seconds East, a distance
492	492	of 1120.10 feet to a 5/8-inch iron rod with "MSG" cap set;
493	493	6. South 47 degrees 42 minutes 24 seconds East, a distance
494	494	of 127.27 feet to a 5/8-inch iron rod found;
495	495	7. South 02 degrees 42 minutes 24 seconds East, a distance
496	496	of 1190.61 feet to a 5/8-inch iron rod found for the beginning of a
497	497	curve to the right;
498	498	8. 1302.59 feet with the arc of said curve to the right
499	499	having a radius of 11358.39 feet, through a central angle of 06
500	500	degrees 34 minutes 15 seconds, a chord that bears South 00 degrees
501	501	34 minutes 44 seconds West, a distance of 1301.88 feet to a 5/8-inch
502	502	iron rod found for the point of tangency;
503	503	9. South 03 degrees 51 minutes 51 seconds West, a distance
504	504	of 781.06 feet to a point (located in the waters of the Houston Ship
505	505	Channel) for the southeast corner of said 384.581 acre tract;
506	506	Thence, with the southerly lines of said 384.581 acre tract
507	507	(being located in the waters of the Houston Ship Channel), the
508	508	following six (6) courses:
509	509	1. North 85 degrees 58 minutes 21 seconds West, a distance
510	510	of 258.12 feet to a point for the beginning of a curve to the right;
511	511	2. 97.41 feet with the arc of said curve to the right having
512	512	a radius of 5239.83 feet, through a central angle of 01 degrees 03
513	513	minutes 55 seconds, a chord that bears North 85 degrees 26 minutes
514	514	25 seconds West, a distance of 97.41 feet to a point;
515	515	3. North 05 degrees 05 minutes 33 seconds East, a distance
516	516	of 45.00 feet to a point for the beginning of a non-tangent curve to
517	517	the right;
518	518	4. 749.51 feet with the arc of said curve to the right having
519	519	a radius of 5194.83 feet, through a central angle of 08 degrees 16
520	520	minutes 00 seconds, a chord that bears North 80 degrees 46 minutes
521	521	27 seconds West, a distance of 748.86 feet to a point;
522	522	5. North 13 degrees 21 minutes 33 seconds East, a distance
523	523	of 10.00 feet to a point for the beginning of a non-tangent curve to
524	524	the right;
525	525	6. 1141.26 feet with the arc of said curve to the right
526	526	having a radius of 5184.83 feet, through a central angle of 12
527	527	degrees 36 minutes 42 seconds, a chord that bears North 70 degrees
528	528	20 minutes 07 seconds West, a distance of 1138.95 feet to a point
529	529	for the southeast corner of a called 16.581 acre tract (Tract 2)
530	530	recorded in Special Warranty Deed to James H. Glanville, Trustee,
531	531	H.C.C.F. No. Y868202;
532	532	Thence, with the easterly line of said 16.581 acre tract,
533	533	North 03 degrees 14 minutes 42 seconds West, a distance of 2128.53
534	534	feet to a 5/8-inch iron rod found for the northeast corner of said
535	535	16.581 acre tract;
536	536	Thence, with the northerly line of said 16.581 acre tract,
537	537	South 86 degrees 45 minutes 18 seconds West, a distance of 477.73
538	538	feet to a 5/8-inch iron rod found on the east R.O.W. line of Penn
539	539	City Road (66 feet wide), for the northeast corner of said 16.581
540	540	acre tract;
541	541	Thence, with the easterly R.O.W. line of said Penn City Road
542	542	and the westerly line of aforesaid 384.581 acre tract, North 03
543	543	degrees 19 minutes 04 seconds West, a distance of 611.10 feet to a
544	544	5/8-inch iron rod with "MSG" cap set for the southwest corner of a
545	545	0.0402 acre tract described in the General Warranty Deed recorded
546	546	in the name of James H. Glanville, Trustee, in H.C.C.F. No. U634600;
547	547	Thence, through and across said 384.581 acre tract, with the
548	548	lines of said 0.0402 acre tract and a 0.0568 acre tract described in
549	549	the General Warranty Deed recorded in the name of James H.
550	550	Glanville, Trustee, in H.C.C.F. No. U634600 the following seven (7)
551	551	courses:
552	552	1. North 86 degrees 40 minutes 56 seconds East, a distance
553	553	of 50.00 feet to a 5/8-inch iron rod with "MSG cap set;
554	554	2. South 03 degrees 19 minutes 04 seconds East, a distance
555	555	of 10.00 feet to a 5/8-inch iron rod with "MSG" cap set:
556	556	3. North 86 degrees 40 minutes 56 seconds East, a distance
557	557	of 45.00 feet to a 5/8-inch iron rod with "MSG cap set;
558	558	4. North 03 degrees 19 minutes 04 seconds West, a distance
559	559	of 55.00 feet to a 5/8-inch iron rod with "MSG" cap set:
560	560	5. South 86 degrees 40 minutes 56 seconds West, a distance
561	561	of 45.00 feet to a 5/8-inch iron rod with "MSG cap set;
562	562	6. South 03 degrees 19 minutes 04 seconds East, a distance
563	563	of 10.00 feet to a 5/8-inch iron rod with "MSG" cap set:
564	564	7. South 86 degrees 40 minutes 56 seconds West, a distance
565	565	of 50.00 feet to a 5/8-inch iron rod with "MSG cap set on the
566	566	easterly R.O.W. line of said Penn City Road;
567	567	Thence, with the easterly R.O.W. line of said Penn City Road
568	568	and the westerly line of said 384.581 acre tract, North 03 degrees
569	569	19 minutes 04 seconds West, a distance of 4014.64 feet to a 5/8-inch
570	570	iron rod with "MSG cap set for the southwest corner of aforesaid
571	571	75.253 acre, being the northwest corner of said 384.581 acre tract
572	572	and the herein described tract;
573	573	Thence, with the northerly lines of said 384.581 acre tract
574	574	and the southerly lines of said 75.253 acre tract the following six
575	575	(6) courses:
576	576	1. South 75 degrees 28 minutes 50 seconds East, a distance
577	577	of 155.83 feet to a 5/8-inch iron rod found;
578	578	2. South 50 degrees 38 minutes 18 seconds East, a distance
579	579	of 183.20 feet to a 5/8-inch iron rod with "MSG" cap set;
580	580	3. South 75 degrees 30 minutes 37 seconds East, a distance
581	581	of 1274.61 feet to a 5/8-inch iron rod with "MSG" cap set;
582	582	4. South 81 degrees 57 minutes 02 seconds East, a distance
583	583	of 677.16 feet to a 5/8-inch iron rod found;
584	584	5. South 75 degrees 28 minutes 50 seconds East, a distance
585	585	of 198.65 feet a 5/8-inch iron rod found;
586	586	6. South 73 degrees 51 minutes 49 seconds East, a distance
587	587	of 104.58 feet to the Point of Beginning and containing 384.667
588	588	acres of land, Save and Except the following tract of land:
589	589	SAVE AND EXCEPT the following 0.0861 acre tract:
590	590	Being a tract of land containing 0.0861 acre, located in the
591	591	Richard and Robert Vince Survey, Abstract-76 in Harris County,
592	592	Texas; said 0.0861 acre tract being all of a called 0.0861 acre
593	593	tract described in the General Warranty Deed recorded in the name
594	594	Ballard Exploration Co., Inc., in H.C.C.F. Number V163848, said
595	595	0.0861 acre tract being more particularly described by metes and
596	596	bounds as follows (all bearings are based on the Texas State Plane
597	597	Coordinate System, South Central Zone (NAD27), per said H.C.C.F.
598	598	No. U488635):
599	599	Commencing at a 5/8-inch iron rod found on the westerly
600	600	R.O.W. line of Beltway 8 East (variable width per instruments
601	601	recoded under H.C.C.F. Nos. F894212, L150096, G259887, G259888,
602	602	G259889 and G259890), being the northeast corner of said 384.581
603	603	acre tract, and being in the southerly line of a said 75.253 acre
604	604	tract;
605	605	Thence, with the northerly lines of said 384.581 acre tract
606	606	and the southerly lines of said 75.253 acre tract the following two
607	607	(2) courses:
608	608	1. North 73 degrees 51 minutes 49 seconds West, a distance
609	609	of 104.58 feet to a 5/8-inch iron rod found;
610	610	2. North 75 degrees 28 minutes 50 seconds West, a distance
611	611	of 54.14 feet a point;
612	612	Thence, through and across said 384.581 acre tract, South 11
613	613	degrees 05 minutes 26 seconds West, a distance of 68.63 feet a
614	614	5/8-inch iron rod found for the northwest corner of said 0.0861 acre
615	615	tract and the Point of Beginning of the herein described tract;
616	616	Thence, with the north line of said 0.0861 acre tract, South
617	617	78 degrees 54 minutes 34 seconds East, a distance of 75.00 feet to a
618	618	5/8-inch iron rod with "MSG cap set for the northeast corner of said
619	619	0.0861 acre tract and the herein described tract;
620	620	Thence, with the east line of said 0.0861 acre tract, South 11
621	621	degrees 05 minutes 26 seconds West, a distance of 50.00 feet a
622	622	5/8-inch iron rod with "MSG cap set for the southeast corner of said
623	623	0.0861 acre tract and the herein described tract;
624	624	Thence, with the south line of said 0.0861 acre tract, North
625	625	78 degrees 54 minutes 34 seconds West, a distance of 75.00 feet to a
626	626	5/8-inch iron rod with "MSG cap set for the southwest corner of said
627	627	0.0861 acre tract and the herein described tract;
628	628	Thence, with the west line of said 0.0861 acre tract, North 11
629	629	degrees 05 minutes 26 seconds East, a distance of 50.00 feet to the
630	630	Point of Beginning and containing 0.0861 acre of land.
631	631	TRACT 2:
632	632	Being a tract of land containing 48.454 acres, located in the
633	633	Richard and Robert Vince Survey, Abstract-76 in Harris County,
634	634	Texas; said 48.454 acres being all of Tract 1, called 19.979 acres,
635	635	all of Tract 2, called 16.581 acres, both described in the Special
636	636	Warranty Deed recorded in the name of James H. Glanville, Trustee,
637	637	in Harris County Clerk's File (H.C.C.F.) Number Y868202 and a
638	638	portion of a called 17.552 acre tract described in the Special
639	639	Warranty Deed recorded in the name of James H. Glanville, Trustee,
640	640	in H.C.C.F. Number U550209; said 48.454 acre tract being more
641	641	particularly described by metes and bounds as follows (all bearings
642	642	are based on the Texas State Plane Coordinate System, South Central
643	643	Zone (NAD27), per said H.C.C.F. Number Y868202):
644	644	Beginning at a 5/8-inch iron rod found on the easterly
645	645	Right-Of-Way (R.O.W.) line of Penn City Road (66 feet wide), being
646	646	the northwest corner of said 16.581 acre tract and being the most
647	647	westerly southwest corner of the remainder of a called 384.581 acre
648	648	tract recorded in Special Warranty Deed with Vendor's Lien to Port
649	649	At Greens Bayou, Ltd., in H.C.C.F. Number Z264553;
650	650	Thence, along the north line of said 16.581 acre tract, being
651	651	a south line of said 384.581 acre tract, North 86 degrees 45 minutes
652	652	18 seconds East, a distance of 477.73 feet to a 5/8-inch iron rod
653	653	found for an inner corner of said 384.581 acre tract, being the
654	654	northeast corner of said 16.581 acre tract and the herein described
655	655	tract;
656	656	Thence, along the easterly line of said 16.581 acre tract and
657	657	a westerly line of said 384.581 acre tract, South 03 degrees 14
658	658	minutes 42 seconds East, passing at 1868.53 feet a 5/8-inch iron rod
659	659	found for reference, continuing for a total distance of 2128.53
660	660	feet to a point for the southeast corner of said 16.581 acre tract
661	661	and the most southerly southwest corner of said 384.581 acre tract,
662	662	being located in the waters of the Houston Ship Channel;
663	663	Thence, along the southerly line of said 16.581 acre tract,
664	664	350.61 feet along the arc of a non-tangent curve to the right having
665	665	a central angle of 03 degrees 52 minutes 28 seconds, a radius of
666	666	5184.83 feet and a chord that bears North 62 degrees 05 minutes 32
667	667	seconds West, a distance of 350.54 feet to a 5/8-inch iron rod found
668	668	for the southwest corner of said 16.581 acre tract, on the easterly
669	669	line of aforementioned 19.979 acre tract;
670	670	Thence, along the easterly line of said 19.979 acre tract,
671	671	South 03 degrees 14 minutes 42 seconds East, a distance of 295.57
672	672	feet to a point located in the waters of the Houston Ship Channel
673	673	for the southeast corner of said 19.979 acre tract;
674	674	Thence, along the southerly lines of said 19.979 acre tract
675	675	and aforesaid 17.552 acre tract (being located in the waters of the
676	676	Houston Ship Channel), the following three (3) courses:
677	677	1. North 58 degrees 42 minutes 06 seconds West, a distance
678	678	of 342.89 feet;
679	679	2. North 29 degrees 11 minutes 00 seconds West, passing at a
680	680	distance of 868.45 feet a point for the most westerly southwest
681	681	corner of said 19.979 acre tract, being the most southerly
682	682	southeast corner of said 17.552 acre tract, continuing in all a
683	683	distance of 936.81 feet;
684	684	3. North 55 degrees 41 minutes 57 seconds West, a distance
685	685	of 631.24 feet to the southwest corner of said 17.552 acre tract and
686	686	the most southerly southeast corner of a called 38.64 acre tract
687	687	described in the General Warranty Deed recorded in the name of The
688	688	Port of Houston Authority in H.C.C.F. Number M567481;
689	689	Thence, along a west line of said 17.552 acre tract, North 03
690	690	degrees 19 minutes 04 seconds West, a distance of 570.00 feet to a
691	691	point (located in the waters of the Houston Ship Channel) for the
692	692	southwest corner of a called 5.659 acre tract described in the
693	693	General Warranty Deed recorded in the name of Ballard Exploration
694	694	Company, Inc., in H.C.C.F. No. U550210, being the northwest corner
695	695	of the herein described tract;
696	696	Thence, along the southerly lines of said 5.659 acre tract,
697	697	the following three (3) courses:
698	698	1. North 86 degrees 40 minutes 56 seconds East, a distance
699	699	of 590.00 feet to a 5/8-inch iron rod found;
700	700	2. South 03 degrees 19 minutes 04 seconds East, a distance
701	701	of 25.00 feet to a 5/8-inch iron rod set, from which a 5/8-inch iron
702	702	rod found bears South 07 degrees 30 minutes West, 0.8 feet;
703	703	3. North 86 degrees 40 minutes 56 seconds East, a distance
704	704	of 360.00 feet to a 5/8-inch iron rod found on the westerly R.O.W.
705	705	line of aforesaid Penn City Road, being the southeast corner of said
706	706	5.659 acre tract and an interior corner of the herein described
707	707	tract;
708	708	Thence, with the westerly R.O.W. line of said Penn City Road,
709	709	South 03 degrees 19 minutes 04 seconds East, passing at a distance
710	710	of 175.64 feet a 5/8-inch iron rod found at the most northerly
711	711	northeast corner of aforesaid 19.979 acre tract and continuing in
712	712	all a distance of 225.31 feet to a 5/8-inch iron rod found for an
713	713	interior corner of said 19.979 acre tract and the herein described
714	714	tract;
715	715	Thence, with the southerly R.O.W. line of said Penn City
716	716	Road, South 55 degrees 08 minutes 42 seconds East, a distance of
717	717	83.95 feet to a 5/8-inch iron rod set for the southeast corner of
718	718	said Penn City Road, said point being on the westerly line of
719	719	aforementioned 16.581 acre tract;
720	720	Thence, along the easterly R.O.W. line of said Penn City Road
721	721	and the westerly line of said 16.581 acre tract, North 03 degrees 19
722	722	minutes 04 seconds West, a distance of 552.12 feet to the Point of
723	723	Beginning and containing 48.454 acres of land.
724	724	SECTION 3. (a) The legal notice of the intention to
725	725	introduce this Act, setting forth the general substance of this
726	726	Act, has been published as provided by law, and the notice and a
727	727	copy of this Act have been furnished to all persons, agencies,
728	728	officials, or entities to which they are required to be furnished
729	729	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
730	730	Government Code.
731	731	(b) The governor, one of the required recipients, has
732	732	submitted the notice and Act to the Texas Commission on
733	733	Environmental Quality.
734	734	(c) The Texas Commission on Environmental Quality has filed
735	735	its recommendations relating to this Act with the governor,
736	736	lieutenant governor, and speaker of the house of representatives
737	737	within the required time.
738	738	(d) The general law relating to consent by political
739	739	subdivisions to the creation of districts with conservation,
740	740	reclamation, and road powers and the inclusion of land in those
741	741	districts has been complied with.
742	742	(e) All requirements of the constitution and laws of this
743	743	state and the rules and procedures of the legislature with respect
744	744	to the notice, introduction, and passage of this Act have been
745	745	fulfilled and accomplished.
746	746	SECTION 4. This Act takes effect immediately if it receives
747	747	a vote of two-thirds of all the members elected to each house, as
748	748	provided by Section 39, Article III, Texas Constitution. If this
749	749	Act does not receive the vote necessary for immediate effect, this
750	750	Act takes effect September 1, 2009.