Texas 2009 - 81st Regular

Texas Senate Bill SB2467 Compare Versions

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1	1	S.B. No. 2467
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of Waller Town Center Management District;
6	6	providing authority to impose an assessment, impose a tax, and
7	7	issue bonds; and granting a limited power of eminent domain.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle C, Title 4, Special District Local Laws
10	10	Code, is amended by adding Chapter 3877 to read as follows:
11	11	CHAPTER 3877. WALLER TOWN CENTER MANAGEMENT DISTRICT
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 3877.001. DEFINITIONS. In this chapter:
14	14	(1) "Board" means the district's board of directors.
15	15	(2) "Director" means a board member.
16	16	(3) "District" means the Waller Town Center Management
17	17	District.
18	18	Sec. 3877.002. NATURE OF DISTRICT. The Waller Town Center
19	19	Management District is a special district created under Section 59,
20	20	Article XVI, Texas Constitution.
21	21	Sec. 3877.003. PURPOSE; DECLARATION OF INTENT. (a) The
22	22	creation of the district is essential to accomplish the purposes of
23	23	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
24	24	Texas Constitution, and other public purposes stated in this
25	25	chapter. By creating the district and in authorizing the City of
26	26	Waller, Harris County, and other political subdivisions to contract
27	27	with the district, the legislature has established a program to
28	28	accomplish the public purposes set out in Section 52-a, Article
29	29	III, Texas Constitution.
30	30	(b) The creation of the district is necessary to promote,
31	31	develop, encourage, and maintain employment, commerce,
32	32	transportation, housing, tourism, recreation, the arts,
33	33	entertainment, economic development, safety, and the public
34	34	welfare in the district.
35	35	(c) This chapter and the creation of the district may not be
36	36	interpreted to relieve Harris County from providing the level of
37	37	services provided, as of the effective date of the Act enacting this
38	38	chapter, to the area in the district. The district is created to
39	39	supplement and not to supplant the county services provided in the
40	40	area in the district.
41	41	Sec. 3877.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
42	42	(a) The district is created to serve a public use and benefit.
43	43	(b) All land and other property included in the district
44	44	will benefit from the improvements and services to be provided by
45	45	the district under powers conferred by Sections 52 and 52-a,
46	46	Article III, and Section 59, Article XVI, Texas Constitution, and
47	47	other powers granted under this chapter.
48	48	(c) The creation of the district is in the public interest
49	49	and is essential to:
50	50	(1) further the public purposes of developing and
51	51	diversifying the economy of the state;
52	52	(2) eliminate unemployment and underemployment; and
53	53	(3) develop or expand transportation and commerce.
54	54	(d) The district will:
55	55	(1) promote the health, safety, and general welfare of
56	56	residents, employers, potential employees, employees, visitors,
57	57	and consumers in the district, and of the public;
58	58	(2) provide needed funding for the district to
59	59	preserve, maintain, and enhance the economic health and vitality of
60	60	the district territory as a community and business center;
61	61	(3) promote the health, safety, welfare, and enjoyment
62	62	of the public by providing pedestrian ways and by landscaping and
63	63	developing certain areas in the district, which are necessary for
64	64	the restoration, preservation, and enhancement of scenic beauty;
65	65	and
66	66	(4) provide for water, wastewater, drainage, road, and
67	67	recreational facilities for the district.
68	68	(e) Pedestrian ways along or across a street, whether at
69	69	grade or above or below the surface, and street lighting, street
70	70	landscaping, parking, and street art objects are parts of and
71	71	necessary components of a street and are considered to be a street
72	72	or road improvement.
73	73	(f) The district will not act as the agent or
74	74	instrumentality of any private interest even though the district
75	75	will benefit many private interests as well as the public.
76	76	Sec. 3877.005. INITIAL DISTRICT TERRITORY. (a) The
77	77	district is initially composed of the territory described by
78	78	Section 2 of the Act enacting this chapter.
79	79	(b) The boundaries and field notes contained in Section 2 of
80	80	the Act enacting this chapter form a closure. A mistake in the
81	81	field notes or in copying the field notes in the legislative process
82	82	does not affect the district's:
83	83	(1) organization, existence, or validity;
84	84	(2) right to issue any type of bond for the purposes
85	85	for which the district is created or to pay the principal of and
86	86	interest on the bond;
87	87	(3) right to impose or collect an assessment or tax; or
88	88	(4) legality or operation.
89	89	Sec. 3877.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
90	90	All or any part of the area of the district is eligible to be
91	91	included in:
92	92	(1) a tax increment reinvestment zone created under
93	93	Chapter 311, Tax Code;
94	94	(2) a tax abatement reinvestment zone created under
95	95	Chapter 312, Tax Code; or
96	96	(3) an enterprise zone created under Chapter 2303,
97	97	Government Code.
98	98	Sec. 3877.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
99	99	DISTRICTS LAW. Except as otherwise provided by this chapter,
100	100	Chapter 375, Local Government Code, applies to the district.
101	101	Sec. 3877.008. LIBERAL CONSTRUCTION OF CHAPTER. This
102	102	chapter shall be liberally construed in conformity with the
103	103	findings and purposes stated in this chapter.
104	104	[Sections 3877.009-3877.050 reserved for expansion]
105	105	SUBCHAPTER B. BOARD OF DIRECTORS
106	106	Sec. 3877.051. GOVERNING BODY; TERMS. (a) The district is
107	107	governed by a board of five elected directors.
108	108	(b) Except as provided by Section 3877.052, directors serve
109	109	staggered four-year terms, with two or three directors elected in
110	110	even-numbered years on the uniform election date in May prescribed
111	111	by the Election Code.
112	112	(c) Section 54.102, Water Code, applies to directors.
113	113	Section 375.063, Local Government Code, does not apply to
114	114	directors.
115	115	Sec. 3877.052. TEMPORARY DIRECTORS. (a) The initial
116	116	temporary board consists of:
117	117	Pos. No. Name of Director
118	118	1 Cindy Gayle
119	119	2 Wendell Halley
120	120	3 Larry Boudloche
121	121	4 John Isom
122	122	5 Jo Ann London
123	123	(b) The temporary directors shall hold an election to elect
124	124	five permanent directors.
125	125	(c) Temporary directors serve until the earlier of:
126	126	(1) the date permanent directors are elected under
127	127	Subsection (b); or
128	128	(2) the fourth anniversary of the effective date of
129	129	the Act enacting this chapter.
130	130	(d) If permanent directors have not been elected under
131	131	Subsection (b) and the terms of the temporary directors have
132	132	expired, successor temporary directors shall be appointed or
133	133	reappointed as provided by Subsection (e) to serve terms that
134	134	expire on the earlier of:
135	135	(1) the date permanent directors are elected under
136	136	Subsection (b); or
137	137	(2) the fourth anniversary of the date of the
138	138	appointment or reappointment.
139	139	(e) If Subsection (d) applies, the owner or owners of a
140	140	majority of the assessed value of the real property in the district
141	141	may submit a petition to the Texas Commission on Environmental
142	142	Quality requesting that the commission appoint as successor
143	143	temporary directors the five persons named in the petition. The
144	144	commission shall appoint as successor temporary directors the five
145	145	persons named in the petition.
146	146	Sec. 3877.053. COMPENSATION. A director is entitled to
147	147	receive fees of office and reimbursement for actual expenses as
148	148	provided by Section 49.060, Water Code. Sections 375.069 and
149	149	375.070, Local Government Code, do not apply to the board.
150	150	[Sections 3877.054-3877.100 reserved for expansion]
151	151	SUBCHAPTER C. POWERS AND DUTIES
152	152	Sec. 3877.101. DEVELOPMENT CORPORATION POWERS. The
153	153	district may exercise the powers given to a development corporation
154	154	under Chapter 505, Local Government Code, including the power to
155	155	own, operate, acquire, construct, lease, improve, or maintain a
156	156	project described by that chapter.
157	157	Sec. 3877.102. NONPROFIT CORPORATION. (a) The board by
158	158	resolution may authorize the creation of a nonprofit corporation to
159	159	assist and act for the district in implementing a project or
160	160	providing a service authorized by this chapter.
161	161	(b) The nonprofit corporation:
162	162	(1) has each power of and is considered for purposes of
163	163	this chapter to be a local government corporation created under
164	164	Chapter 431, Transportation Code; and
165	165	(2) may implement any project and provide any service
166	166	authorized by this chapter.
167	167	(c) The board shall appoint the board of directors of the
168	168	nonprofit corporation. The board of directors of the nonprofit
169	169	corporation shall serve in the same manner as the board of directors
170	170	of a local government corporation created under Chapter 431,
171	171	Transportation Code, except that a board member is not required to
172	172	reside in the district.
173	173	Sec. 3877.103. AGREEMENTS; GRANTS. (a) The district may
174	174	make an agreement with or accept a gift, grant, or loan from any
175	175	person.
176	176	(b) The implementation of a project is a governmental
177	177	function or service for the purposes of Chapter 791, Government
178	178	Code.
179	179	Sec. 3877.104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT.
180	180	To protect the public interest, the district may contract with a
181	181	qualified party, including Harris County or the City of Waller, for
182	182	the provision of law enforcement services in the district for a fee.
183	183	Sec. 3877.105. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
184	184	district may join and pay dues to a charitable or nonprofit
185	185	organization that performs a service or provides an activity
186	186	consistent with the furtherance of a district purpose.
187	187	Sec. 3877.106. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
188	188	district may establish and provide for the administration of one or
189	189	more programs to promote state or local economic development and to
190	190	stimulate business and commercial activity in the district,
191	191	including programs to:
192	192	(1) make loans and grants of public money; and
193	193	(2) provide district personnel and services.
194	194	(b) The district has all of the powers of a municipality
195	195	under Chapter 380, Local Government Code.
196	196	Sec. 3877.107. STRATEGIC PARTNERSHIP AGREEMENT. The
197	197	district may negotiate and enter into a written strategic
198	198	partnership with the City of Waller under Section 43.0751, Local
199	199	Government Code.
200	200	Sec. 3877.108. LIMITED EMINENT DOMAIN. (a) Section
201	201	375.094, Local Government Code, does not apply to the district.
202	202	(b) The district may exercise the power of eminent domain in
203	203	accordance with Section 49.222, Water Code.
204	204	(c) The district may not exercise the power of eminent
205	205	domain outside the district boundaries to acquire:
206	206	(1) a site for a water treatment plant, water storage
207	207	facility, wastewater treatment plant, or wastewater disposal
208	208	plant;
209	209	(2) a recreational facility as defined by Section
210	210	49.462, Water Code; or
211	211	(3) a site for a road project.
212	212	Sec. 3877.109. ANNEXATION OR EXCLUSION OF LAND. (a) The
213	213	district may annex land as provided by Subchapter J, Chapter 49,
214	214	Water Code.
215	215	(b) The district may exclude land as provided by Subchapter
216	216	J, Chapter 49, Water Code. Section 375.044(b), Local Government
217	217	Code, does not apply to the district.
218	218	[Sections 3877.110-3877.150 reserved for expansion]
219	219	SUBCHAPTER D. PUBLIC PARKING FACILITIES
220	220	Sec. 3877.151. PARKING FACILITIES AUTHORIZED; OPERATION BY
221	221	PRIVATE ENTITY. (a) The district may acquire, lease as lessor or
222	222	lessee, construct, develop, own, operate, and maintain parking
223	223	facilities or a system of parking facilities, including:
224	224	(1) lots, garages, parking terminals, or other
225	225	structures or accommodations for parking motor vehicles off the
226	226	streets; and
227	227	(2) equipment, entrances, exits, fencing, and other
228	228	accessories necessary for safety and convenience in parking
229	229	vehicles.
230	230	(b) A parking facility of the district may be leased to, or
231	231	operated for the district by, an entity other than the district.
232	232	(c) The district's parking facilities are a program
233	233	authorized by the legislature under Section 52-a, Article III,
234	234	Texas Constitution.
235	235	(d) The district's parking facilities serve the public
236	236	purposes of the district and are owned, used, and held for a public
237	237	purpose even if leased or operated by a private entity for a term of
238	238	years.
239	239	Sec. 3877.152. RULES. The district may adopt rules
240	240	covering its public parking system.
241	241	Sec. 3877.153. FINANCING OF PARKING FACILITIES. (a) The
242	242	district may use any of its resources, including revenue,
243	243	assessments, taxes, or grant or contract proceeds, to pay the cost
244	244	of acquiring or operating public parking facilities.
245	245	(b) The district may:
246	246	(1) set, charge, impose, and collect fees, charges, or
247	247	tolls for the use of the public parking facilities; and
248	248	(2) issue bonds or notes to finance the cost of these
249	249	facilities.
250	250	[Sections 3877.154-3877.200 reserved for expansion]
251	251	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
252	252	Sec. 3877.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The
253	253	board by resolution shall establish the number of directors'
254	254	signatures and the procedure required for a disbursement or
255	255	transfer of the district's money.
256	256	Sec. 3877.202. MONEY USED FOR IMPROVEMENTS OR SERVICES.
257	257	The district may acquire, construct, finance, operate, or maintain
258	258	any improvement or service authorized under this chapter or Chapter
259	259	375, Local Government Code, using any money available to the
260	260	district.
261	261	Sec. 3877.203. PETITION REQUIRED FOR FINANCING SERVICES AND
262	262	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
263	263	service or improvement project with assessments under this chapter
264	264	unless a written petition requesting that service or improvement
265	265	has been filed with the board.
266	266	(b) A petition filed under Subsection (a) must be signed by
267	267	the owners of a majority of the assessed value of real property in
268	268	the district subject to assessment according to the most recent
269	269	certified tax appraisal roll for Harris County.
270	270	Sec. 3877.204. METHOD OF NOTICE FOR HEARING. The district
271	271	may mail the notice required by Section 375.115(c), Local
272	272	Government Code, by certified or first class United States mail.
273	273	The board shall determine the method of notice.
274	274	Sec. 3877.205. ASSESSMENTS; LIENS FOR ASSESSMENTS.
275	275	(a) The board by resolution may impose and collect an assessment
276	276	for any purpose authorized by this chapter in all or any part of the
277	277	district.
278	278	(b) An assessment, a reassessment, or an assessment
279	279	resulting from an addition to or correction of the assessment roll
280	280	by the district, penalties and interest on an assessment or
281	281	reassessment, an expense of collection, and reasonable attorney's
282	282	fees incurred by the district:
283	283	(1) are a first and prior lien against the property
284	284	assessed;
285	285	(2) are superior to any other lien or claim other than
286	286	a lien or claim for county, school district, or municipal ad valorem
287	287	taxes; and
288	288	(3) are the personal liability of and a charge against
289	289	the owners of the property even if the owners are not named in the
290	290	assessment proceedings.
291	291	(c) The lien is effective from the date of the board's
292	292	resolution imposing the assessment until the date the assessment is
293	293	paid. The board may enforce the lien in the same manner that the
294	294	board may enforce an ad valorem tax lien against real property.
295	295	(d) The board may make a correction to or deletion from the
296	296	assessment roll that does not increase the amount of assessment of
297	297	any parcel of land without providing notice and holding a hearing in
298	298	the manner required for additional assessments.
299	299	Sec. 3877.206. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
300	300	ASSESSMENTS. The district may not impose an impact fee or
301	301	assessment on the property, including the equipment,
302	302	rights-of-way, facilities, or improvements, of:
303	303	(1) an electric utility or a power generation company
304	304	as defined by Section 31.002, Utilities Code;
305	305	(2) a gas utility as defined by Section 101.003 or
306	306	121.001, Utilities Code;
307	307	(3) a telecommunications provider as defined by
308	308	Section 51.002, Utilities Code; or
309	309	(4) a person who provides to the public cable
310	310	television or advanced telecommunications services.
311	311	Sec. 3877.207. RESIDENTIAL PROPERTY. Section 375.161,
312	312	Local Government Code, does not apply to a tax imposed by the
313	313	district or a requirement for payment for a service provided by the
314	314	district, including water and sewer services.
315	315	Sec. 3877.208. OPERATION AND MAINTENANCE TAX. (a) If
316	316	authorized at an election held in accordance with Section 3877.212,
317	317	the district may impose an operation and maintenance tax on taxable
318	318	property in the district in accordance with Section 49.107, Water
319	319	Code, for any district purpose, including to:
320	320	(1) maintain and operate the district;
321	321	(2) construct or acquire improvements; or
322	322	(3) provide a service.
323	323	(b) The board shall determine the tax rate. The rate may not
324	324	exceed the rate approved at the election.
325	325	(c) Section 49.107(h), Water Code, does not apply to the
326	326	district.
327	327	Sec. 3877.209. CONTRACT TAXES. (a) In accordance with
328	328	Section 49.108, Water Code, the district may impose a tax other than
329	329	an operation and maintenance tax and use the revenue derived from
330	330	the tax to make payments under a contract after the provisions of
331	331	the contract have been approved by a majority of the district voters
332	332	voting at an election held for that purpose.
333	333	(b) A contract approved by the district voters may contain a
334	334	provision stating that the contract may be modified or amended by
335	335	the board without further voter approval.
336	336	Sec. 3877.210. AUTHORITY TO BORROW MONEY AND TO ISSUE
337	337	BONDS. (a) The district may borrow money on terms and conditions
338	338	as determined by the board. Section 375.205, Local Government
339	339	Code, does not apply to a loan, line of credit, or other borrowing
340	340	from a bank or financial institution secured by revenue other than
341	341	ad valorem taxes.
342	342	(b) The district may issue bonds, notes, or other
343	343	obligations payable wholly or partly from ad valorem taxes, sales
344	344	and use taxes, assessments, impact fees, revenue, contract
345	345	payments, grants, or other district money, or any combination of
346	346	those sources of money, to pay for any authorized district purpose.
347	347	(c) The limitation on the outstanding principal amount of
348	348	bonds, notes, and other obligations provided by Section 49.4645,
349	349	Water Code, does not apply to the district.
350	350	Sec. 3877.211. TAXES FOR BONDS. At the time the district
351	351	issues bonds payable wholly or partly from ad valorem taxes, the
352	352	board shall provide for the annual imposition of a continuing
353	353	direct ad valorem tax, without limit as to rate or amount, while all
354	354	or part of the bonds are outstanding as required and in the manner
355	355	provided by Sections 54.601 and 54.602, Water Code.
356	356	Sec. 3877.212. ELECTIONS REGARDING TAXES AND BONDS.
357	357	(a) The district may issue, without an election, bonds, notes, and
358	358	other obligations secured by:
359	359	(1) revenue other than ad valorem taxes; or
360	360	(2) contract payments described by Section 3877.209.
361	361	(b) The district must hold an election in the manner
362	362	provided by Subchapter L, Chapter 375, Local Government Code, to
363	363	obtain voter approval before the district may impose an ad valorem
364	364	tax or sales and use tax or issue bonds payable from ad valorem
365	365	taxes.
366	366	(c) Section 375.243, Local Government Code, does not apply
367	367	to the district.
368	368	(d) All or any part of any facilities or improvements that
369	369	may be acquired by a district by the issuance of district bonds may
370	370	be included in one single proposition to be voted on at the election
371	371	or the bonds may be submitted in several propositions.
372	372	Sec. 3877.213. COMPETITIVE BIDDING. Subchapter I, Chapter
373	373	49, Water Code, applies to the district. Sections 375.221 and
374	374	375.223, Local Government Code, do not apply to the district.
375	375	Sec. 3877.214. TAX AND ASSESSMENT ABATEMENTS. The district
376	376	may grant in the manner authorized by Chapter 312, Tax Code, an
377	377	abatement for a tax or assessment owed to the district.
378	378	[Sections 3877.215-3877.250 reserved for expansion]
379	379	SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED
380	380	PROPERTY
381	381	Sec. 3877.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR
382	382	DESIGNATED PROPERTY. The district may define areas or designate
383	383	certain property of the district to pay for improvements,
384	384	facilities, or services that primarily benefit that area or
385	385	property and do not generally and directly benefit the district as a
386	386	whole.
387	387	Sec. 3877.252. PROCEDURE FOR ELECTION. (a) Before the
388	388	district may impose an ad valorem tax or issue bonds payable from ad
389	389	valorem taxes of the defined area or designated property, the board
390	390	shall hold an election in the defined area or within the boundaries
391	391	of the designated property only.
392	392	(b) The election shall be conducted as provided by Section
393	393	3877.212.
394	394	(c) The board may submit the issues to the voters on the same
395	395	ballot to be used in another election.
396	396	Sec. 3877.253. DECLARING RESULT AND ISSUING ORDER. (a) If
397	397	a majority of the voters voting at the election approve the
398	398	proposition or propositions, the board shall declare the results
399	399	and, by order, shall establish the defined area and describe it by
400	400	metes and bounds or designate the specific property.
401	401	(b) The board's order is not subject to judicial review
402	402	except on the ground of fraud, palpable error, or arbitrary and
403	403	confiscatory abuse of discretion.
404	404	Sec. 3877.254. TAXES FOR IMPROVEMENTS AND FACILITIES IN
405	405	DEFINED AREAS OR DESIGNATED PROPERTY. On voter approval and
406	406	adoption of the order described in Section 3877.253, the district
407	407	may apply separately, differently, equitably, and specifically its
408	408	taxing power and lien authority to the defined area or designated
409	409	property to provide money to construct, administer, maintain, and
410	410	operate services, improvements, and facilities that primarily
411	411	benefit the defined area or designated property.
412	412	Sec. 3877.255. ISSUANCE OF BONDS AND LEVY OF TAXES FOR
413	413	DEFINED AREA OR DESIGNATED PROPERTY. After the order under Section
414	414	3877.253 is adopted, the district may issue bonds to provide for any
415	415	land, improvements, facilities, plants, equipment, and appliances
416	416	for the defined area or designated property.
417	417	[Sections 3877.256-3877.300 reserved for expansion]
418	418	SUBCHAPTER G. SALES AND USE TAX
419	419	Sec. 3877.301. MEANINGS OF WORDS AND PHRASES. Words and
420	420	phrases used in this subchapter that are defined by Chapters 151 and
421	421	321, Tax Code, have the meanings assigned by Chapters 151 and 321,
422	422	Tax Code.
423	423	Sec. 3877.302. APPLICABILITY OF CERTAIN TAX CODE
424	424	PROVISIONS. (a) Except as otherwise provided by this subchapter,
425	425	Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code,
426	426	apply to taxes imposed under this subchapter and to the
427	427	administration and enforcement of those taxes in the same manner
428	428	that those laws apply to state taxes.
429	429	(b) Chapter 321, Tax Code, relating to municipal sales and
430	430	use taxes, applies to the application, collection, change, and
431	431	administration of a sales and use tax imposed under this subchapter
432	432	to the extent consistent with this chapter, as if references in
433	433	Chapter 321, Tax Code, to a municipality referred to the district
434	434	and references to a governing body referred to the board.
435	435	(c) Sections 321.106, 321.401, 321.402, 321.403, 321.404,
436	436	321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not
437	437	apply to a tax imposed under this subchapter.
438	438	Sec. 3877.303. AUTHORIZATION; ELECTION. (a) The district
439	439	may adopt a sales and use tax to serve the purposes of the district
440	440	after an election in which a majority of the voters of the district
441	441	voting in the election authorize the adoption of the tax.
442	442	(b) The board by order may call an election to authorize a
443	443	sales and use tax. The election may be held with any other district
444	444	election.
445	445	(c) The district shall provide notice of the election and
446	446	shall hold the election in the manner prescribed by Section
447	447	3877.212.
448	448	(d) The ballots shall be printed to provide for voting for
449	449	or against the proposition: "Authorization of a sales and use tax
450	450	in the Waller Town Center Management District at a rate not to
451	451	exceed ___ percent."
452	452	Sec. 3877.304. ABOLISHING SALES AND USE TAX. (a) Except
453	453	as provided by Subsection (b), the board may abolish the sales and
454	454	use tax without an election.
455	455	(b) The board may not abolish the sales and use tax if the
456	456	district has outstanding debt secured by the tax.
457	457	Sec. 3877.305. SALES AND USE TAX RATE. (a) On adoption of
458	458	the tax authorized by this subchapter, there is imposed a tax on the
459	459	receipts from the sale at retail of taxable items within the
460	460	district and an excise tax on the use, storage, or other consumption
461	461	in the district of taxable items purchased, leased, or rented from a
462	462	retailer in the district during the period that the tax is in
463	463	effect.
464	464	(b) The board shall determine the rate of the tax, which may
465	465	be in one-eighth of one percent increments not to exceed the maximum
466	466	rate authorized by the district voters at the election. The board
467	467	may lower the tax rate to the extent it does not impair any
468	468	outstanding debt or obligations payable from the tax.
469	469	(c) The rate of the excise tax is the same as the rate of the
470	470	sales tax portion of the tax and is applied to the sales price of the
471	471	taxable item.
472	472	[Sections 3877.306-3877.350 reserved for expansion]
473	473	SUBCHAPTER H. MUNICIPAL ANNEXATION AND DISSOLUTION
474	474	Sec. 3877.351. MUNICIPAL ANNEXATION; DISSOLUTION.
475	475	(a) Section 43.071, Local Government Code, applies to the district
476	476	and the district is a "water or sewer district" for purposes of that
477	477	section.
478	478	(b) Section 43.075, Local Government Code, applies to the
479	479	district.
480	480	(c) Section 375.264, Local Government Code, does not apply
481	481	to the dissolution of the district by a municipality.
482	482	SECTION 2. The Waller Town Center Management District
483	483	initially includes all territory contained in the following area:
484	484	TRACT 1:
485	485	Fieldnotes for 166.7194 acres of land out of Lots 1, 2, 3, 4,
486	486	7 and 8, Section 9 of the Harris County School Land Survey, Abstract
487	487	No. 332, in Harris County, Texas, the map or plat thereof recorded
488	488	in Volume 17, Page 222 of the Deed Records of Harris County, being
489	489	comprised of that certain 38.7594 acre tract, that certain 31.8519
490	490	acre tract, and that certain 96.1081 acre tract of land conveyed to
491	491	Peter S. Terpstra, Trustee, as described in deeds recorded under
492	492	County Clerk's File No(s). 20060189400, 20060246634, and
493	493	20060246637, respectively, of the Real Property Records of Harris
494	494	County, said 166.7194 acres of land being more particularly
495	495	described by metes and bounds as follows:
496	496	BEGINNING at a 5/8 inch steel rod set in the South line of
497	497	F.M. Highway No. 2920, based on a 100 foot right-of-way, at its
498	498	intersection with the West line of Binford Road, based on a 66 foot
499	499	right-of-way, said point being the Northeast corner of the said
500	500	96.1081 acre tract and the herein described tract, from which
501	501	point, the Northeast corner of that certain 160.33 acre tract of
502	502	land conveyed to Doud Jordan Wible, et ux, as described in deed
503	503	recorded in Volume 1572, Page 378 of the Deed Records of Harris
504	504	County bears North 0242'53" West, 17.80 feet;
505	505	Thence, South 0242'53" East, 193.20 feet with the West line
506	506	of said Binford Road and the common East line of the said 96.1081
507	507	acre tract to a 5/8 inch steel rod set for an exterior ell corner of
508	508	the herein described tract, said point being the Northeast corner
509	509	of that certain 0.9922 acre tract of land conveyed to Delta Troy
510	510	Interests, LTD., and described as Tract 5 in deed recorded under
511	511	County Clerk's File No. W201253 of the said Real Property Records;
512	512	Thence, South 8938'51" West, 208.00 feet with the North line
513	513	of the said 0.9922 acre tract and the common line of the said
514	514	96.1081 acre tract to a 5/8 inch steel rod set for the Northwest
515	515	corner of the said 0.9922 acre tract and an interior ell corner of
516	516	the herein described tract;
517	517	Thence, South 0242'53" East, 208.00 feet with the West line
518	518	of the said 0.9922 acre tract and the common line of the said
519	519	96.1081 acre tract to a 5/8 inch steel rod set for the Southwest
520	520	corner of the said 0.9922 acre tract and a second interior ell
521	521	corner of the herein described tract;
522	522	Thence, North 8938'51" East, 208.00 feet with the South line
523	523	of the said 0.9922 acre tract and the common line of the said
524	524	96.1081 acre tract to a 5/8 inch steel rod set in the West line of
525	525	said Binford Road for the Southeast corner of the said 0.9922 acre
526	526	tract and a second exterior ell corner of the herein described
527	527	tract;
528	528	Thence, South 0242'53" East, 1693.50 feet with the West line
529	529	of said Binford Road and the common East line of the said 96.1081
530	530	acre tract to a 5/8 inch steel rod set at an angle point, said point
531	531	being the Southeast corner of the said 96.1081 acre tract and the
532	532	Northeast corner of the aforesaid 31.8519 acre tract;
533	533	Thence, continuing with the West line of said Binford Road
534	534	and the common East line of the said 31.8519 acre tract, South
535	535	0359'32" West, 370.87 feet to a 5/8 inch steel rod set at the North
536	536	end of a cut-back line for U.S. Highway No. 290 (right-of-way varies
537	537	at this point), for the most Easterly Southeast corner of the said
538	538	31.8519 acre tract and the herein described tract, said point being
539	539	the Northeast corner of that certain 1.690 acre tract of land
540	540	conveyed to the State of Texas (for highway widening purposes), as
541	541	described in deed recorded under County Clerk's File No. R244269 of
542	542	the said Real Property Records;
543	543	Thence, South 5626'00" West, 96.58 feet with the said
544	544	cut-back line and the Northerly line of the said 1.690 acre tract
545	545	and said U.S. Highway No. 290 to a 5/8 inch steel rod with aluminum
546	546	(TxDOT) disk found at the Southerly end of the said cut-back line
547	547	marking the most Southerly Southeast corner of the said 31.8519
548	548	acre tract and the herein described tract;
549	549	Thence, North 7039'12" West (basis bearing), 307.31 feet
550	550	with the Northeasterly line of the said 1.690 acre tract and said
551	551	U.S. Highway No. 290, and the Southwesterly line of the said 31.8519
552	552	acre tract to a 5/8 inch steel rod set at a point of curve to the
553	553	left, having a radius of 1963.86 feet and a central angle of
554	554	1231'54";
555	555	Thence, continuing with the Northeasterly line of the said
556	556	1.690 acre tract and said U.S. Highway No. 290, and the
557	557	Southwesterly line of the said 31.8519 acre tract, and with the said
558	558	curve to the left having a radius of 1963.86 feet (chord bearing
559	559	North 7655'09" West, 428.68 feet), an arc distance of 429.53 feet
560	560	to a 5/8 inch steel rod set at a point of reverse curve to the right,
561	561	having a radius of 1855.86 feet and a central angle of 0947'55";
562	562	Thence, continuing with the Northeasterly line of the said
563	563	1.690 acre tract and said U.S. Highway No. 290, and the
564	564	Southwesterly line of the said 31.8519 acre tract, and with the said
565	565	curve to the right having a radius of 1855.86 feet (chord bearing
566	566	North 7817'08" West, 317.00 feet), an arc distance of 317.39 feet
567	567	to a 5/8 inch steel rod set at a point of tangency;
568	568	Thence, continuing with the Northeasterly line of said U.S.
569	569	Highway No. 290, and the common Southwesterly line of the said
570	570	31.8519 acre tract, North 7039'12" West, 1607.90 feet to a 5/8 inch
571	571	steel rod set in the West line of said Lot 7 and the East line of
572	572	adjacent Lot 6 of said Section 9, for the Southwest corner of the
573	573	said 31.8519 acre tract and the herein described tract, said point
574	574	also being the Southeast corner of that certain 4.453 acre tract of
575	575	land conveyed to Palm Harbor Homes I, L.P., as described as Parcel 1
576	576	in deed recorded under County Clerk's File No. T494925 of the said
577	577	Real Property Records, from which point, a found 5/8 inch steel rod
578	578	bears North 2446' East, 0.94 feet;
579	579	Thence, North 0228'20" West, 420.75 feet with the East line
580	580	of the said 4.453 acre tract, and the West line of the said 31.8519
581	581	acre tract to an angle iron found marking the Northeast corner of
582	582	the said 4.453 acre tract and an interior ell corner of the herein
583	583	described tract, said point also being the Southeast corner of the
584	584	aforesaid 38.7594 acre tract;
585	585	Thence, South 8811'03" West with the North line of the said
586	586	4.453 acre tract and the South line of the said 38.7594 acre tract,
587	587	at 667.84 feet passing the Northwest corner of the said 4.453 acre
588	588	tract and the Northeast corner of that certain 11.15 acre (residue)
589	589	tract of land conveyed to Leerie J. Hakemack, as described in deed
590	590	recorded in Volume 5204, Page 604 of the said Deed Records, and
591	591	continuing with the North line of the said 11.15 acre tract in all,
592	592	a total distance of 1081.99 feet to a 1 inch galvanized steel pipe
593	593	set in the Northeast line of U.S. Highway No. 290 (320.0 feet wide
594	594	at this point) for and angle point, said point being the most
595	595	Easterly corner of that certain 0.083 acre tract of land conveyed to
596	596	the State of Texas, as described in deed recorded in Volume 7313,
597	597	Page 528 of the said Deed Records;
598	598	Thence, North 7039'12" West, 156.99 feet with the
599	599	Northeasterly line of said U.S. Highway No 290 and the
600	600	Southwesterly line of the said 38.7594 acre tract to a 1 1/4 inch
601	601	galvanized steel pipe found marking the most Southerly Southwest
602	602	corner of the said 38.7594 acre tract and the herein described
603	603	tract, said point being the Northwest corner of the said 0.083 acre
604	604	tract, said point also being in the East line of that certain 8.015
605	605	acre (residue) tract of land conveyed to Anita Miller as described
606	606	in Probate Cause No. 89374 of the Probate Records of Harris County;
607	607	Thence, North 0230'48" West, 591.33 feet with the East line
608	608	of the said 8.015 acre tract and the West line of the said 38.7594
609	609	acre tract to a 1 1/4 galvanized steel pipe found marking an
610	610	interior ell corner of the said 38.7594 acre tract and the herein
611	611	described tract, said point being the Northeast corner of the said
612	612	8.015 acre tract;
613	613	Thence, South 8812'09" West with the North line of the said
614	614	8.015 acre tract and Southerly line of the said 38.7594 acre tract,
615	615	at 192.5 feet passing a found 1 1/4 galvanized steel pipe, and
616	616	continuing in all, a total distance of 201.10 feet to a 4 inch
617	617	square concrete monument found marking the most Westerly Southwest
618	618	corner of the said 38.7594 acre tract and the herein described
619	619	tract, said point also being the Southeast corner of that certain
620	620	(called) 9.216 acre tract of land conveyed to Love's Country
621	621	Stores, Inc., as described in deed recorded under County Clerk's
622	622	File No. U693047 of the said Real Property Records;
623	623	Thence, North 0141'39" West with the East line of the said
624	624	9.216 acre tract and the West line of the said 38.7594 acre tract,
625	625	at 614.92 feet passing a found 1 1/4 galvanized steel pipe, at
626	626	616.72 feet passing a found 3/8 inch steel rod with cap (described
627	627	by deed as the Northeast corner of the said 9.216 acre tract), and
628	628	continuing in all, a total distance of 626.42 feet to a 5/8 inch
629	629	steel rod set in the South line of said F.M. Highway No. 2920 for the
630	630	Northwest corner of the said 38.7594 acre tract and the herein
631	631	described tract, said point being the Southwest corner of that
632	632	certain 0.580 acre tract of land conveyed to the State of Texas (for
633	633	widening purposes), as described in deed recorded under County
634	634	Clerk's File No. C774289 (Vol. 7332, Pg. 137) of the said Real
635	635	Property Records, said point also being in a non-tangent curve to
636	636	the right, having a radius of 1909.86 feet and a central angle of
637	637	0329'08";
638	638	Thence, in an Easterly direction, with the South line of said
639	639	F.M. Highway No. 2920 and the said 0.580 acre tract, and the North
640	640	line of the said 38.7594 acre tract, and with the said curve to the
641	641	right having a radius of 1909.86 feet (chord bearing North 8629'17"
642	642	East, 116.17 feet), an arc distance of 116.19 feet to a 5/8 inch
643	643	steel rod set at a point of tangency, from which point, a 4 inch
644	644	square concrete monument (found in the North line of F.M. Highway
645	645	No. 2920) bears North 0146'09" West, 100.0 feet;
646	646	Thence, continuing with the South line of said F.M. Highway
647	647	No. 2920 and the said 0.580 acre tract, and the North line of the
648	648	said 38.7594 acre tract, North 8813'51" East, at 1304.61 feet
649	649	passing a 5/8 inch steel rod found marking the Northeast corner of
650	650	the said 38.7594 acre tract and the Northwest corner of the
651	651	aforesaid 96.1081 acre tract, and continuing with the North line of
652	652	the said 96.1081 acre tract in al, a total distance of 1428.59 feet
653	653	to a 5/8 inch steel rod set at a point of curve to the right, having
654	654	a radius of 11409.30 feet and a central angle of 0125'00";
655	655	Thence, continuing with the South line of said F.M. Highway
656	656	No. 2920 and the common North line of the said 96.1081 acre tract,
657	657	and with the said curve to the right having a radius of 11409.30
658	658	feet (chord bearing North 8856'21" East, 282.09 feet), an arc
659	659	distance of 282.10 feet to a 5/8 inch steel rod found at a point of
660	660	tangency;
661	661	Thence, continuing with the South line of said F.M. Highway
662	662	No. 2920 and the common North line of the said 96.1081 acre tract,
663	663	North 8938'51" East, 2048.75 feet to a 5/8 inch steel rod set at a
664	664	point of curve to the left, having a radius of 11509.30 feet and a
665	665	central angle of 0047'59";
666	666	Thence, continuing with the South line of said F.M. Highway
667	667	No. 2920 and the common North line of the said 96.1081 acre tract,
668	668	and with the said curve to the left having a radius of 11509.30 feet
669	669	(chord bearing North 8914'52" East, 160.64 feet), an arc distance
670	670	of 160.64 feet to the PLACE OF BEGINNING and containing 166.7194
671	671	acres or 7,262,296 square feet of land, more or less.
672	672	TRACT 2:
673	673	Fieldnotes for 12.4147 acres of land out of Lot 7 and Lot 8,
674	674	Section 9 of the Harris County School Lands Survey, Abstract No.
675	675	332, in Harris County, Texas, the map or plat thereof recorded in
676	676	Volume 17, Page 222 of the Deed Records of Harris County, being out
677	677	of and a part of that certain 160.33 acre tract of land conveyed to
678	678	Doud Jordan Wible, et ux, as described in deed recorded in Volume
679	679	1572, Page 378 of the said Deed Records, and being further out of
680	680	and a part of that certain 12.4518 acre tract of land conveyed to
681	681	E.F. Davidson, et al, and described as Tract No. 2 in deed recorded
682	682	under County Clerk's File No. J170095 of the Real Property Records
683	683	of Harris County, said 12.4147 acres of land being more
684	684	particularly described by metes and bounds as follows:
685	685	BEGINNING at a 1 inch galvanized steel pipe, found in a
686	686	hog-wire fence line, marking the Southwest corner of said Lot 7, the
687	687	said 160.33 acre tract, the said 12.4518 acre tract, and the herein
688	688	described tract, said point being in the East line of that certain
689	689	11.15 acre tract of land conveyed to L.J. Hakemack, et ux, as
690	690	described in deed recorded under County Clerk's File No. P056681 of
691	691	the said Real Property Records, said point also being the Northwest
692	692	corner of adjacent Lot 10 of said Section 9 and that certain
693	693	257.2309 acre tract of land conveyed to Delta Troy Interests, LTD.,
694	694	and described as Tract 1 in deed recorded under County Clerk's File
695	695	No. W201253 of the said Real Property Records;
696	696	Thence, North 0236'20" West (called North 0011'21" West in
697	697	11.15 acre deed) with the East line of the said 11.15 acre tract and
698	698	the West line of said Lot 7, the said 160.33 acre tract, and the said
699	699	12.4518 acre tract, and generally along a hog-wire fence line, at
700	700	642.3 feet passing the Northeast corner of the said 11.15 acre tract
701	701	and the Southeast corner of a 60 foot wide roadway (private),
702	702	described as an easement for ingress and egress in partition deed
703	703	recorded in Volume 3300, Page 484 of the said Deed Records, and
704	704	continuing with the East line of said 60 foot wide roadway in all, a
705	705	total distance of 663.44 feet to a 3/4 inch steel rod set in the
706	706	Southwesterly line of U.S. Highway No. 290, based on a 320 foot
707	707	right-of-way, for the Northwest corner of the said 12.4518 acre
708	708	tract and the herein described tract, from which point, a found 5/8
709	709	inch steel rod bears North 0129' West, 1.17 feet;
710	710	Thence, South 7039'12" East, 1631.76 feet with the
711	711	Southwesterly line of said U.S. Highway No. 290 and the
712	712	Northeasterly line of the said 12.4518 acre tract to a 5/8 inch
713	713	steel rod with aluminum (TxDOT) disk found at a point of curve to
714	714	the right, having a radius of 1855.86 feet and a central angle of
715	715	0320'06", said point being the most Westerly corner of that certain
716	716	458 square foot tract of land conveyed to the State of Texas (for
717	717	highway widening purposes), as described in deed recorded under
718	718	County Clerk's File No. R244268 of the said Real Property Records;
719	719	Thence, in a Southeasterly direction, with the Southwesterly
720	720	line of said U.S. Highway No. 290 and the said 458 square foot
721	721	tract, and with the said curve to the right having a radius of
722	722	1855.86 feet (chord bearing South 6623'40" East, 108.01 feet), an
723	723	arc distance of 108.02 feet to a 5/8 inch steel rod set in the South
724	724	line of aforesaid Lot 8, the said 160.33 acre tract and the said
725	725	12.4518 acre tract for the most Easterly or Southeast corner of the
726	726	herein described tract, said point being the Southwest corner of
727	727	the said 458 square foot tract and the most Westerly corner of that
728	728	certain 1.672 acre tract of land conveyed to the State of Texas (for
729	729	highway widening purposes), as described in deed recorded under
730	730	County Clerk's File No. R276494 of the said Real Property Records,
731	731	said point also being in the North line of adjacent Lot 9 of said
732	732	Section 9 and the aforesaid 257.2309 acre tract;
733	733	Thence, South 8711'26" West (called South 8732'13" West in
734	734	257.2309 acre deed), 1610.36 feet with the North line of the said
735	735	257.2309 acre tract and the common South line of the said 12.4518
736	736	acre tract, and generally along the line of an old down barbed-wire
737	737	fence to the PLACE OF BEGINNING and containing 12.4147 acres or
738	738	540,786 square feet of land, more or less.
739	739	TRACT 3:
740	740	Fieldnotes for 107.6370 acres of land out of Lots 3, 4, 5, 6,
741	741	11, 12, and 14, Section 10 of the Harris County School Land Survey,
742	742	Abstract No. 332, in Harris County, Texas, the map or plat thereof
743	743	recorded in Volume 17, Page 222 of the Deed Records of Harris
744	744	County, being out of and a part of that certain tract of land
745	745	conveyed to Boris & Margaret Payan Family Partnership, and
746	746	described as the residue of 109.9186 acres of land in correction
747	747	deed recorded under County Clerk's File No. T324010 of the Real
748	748	Property Records of Harris County, said 107.6370 acres of land
749	749	being more particularly described by metes and bounds as follows:
750	750	COMMENCING at a 5/8 inch steel rod found in the South line of
751	751	F.M. Highway No. 2920, based on a 100 foot right-of-way, at its
752	752	intersection with the West line of Kickapoo Road, based on a 66 foot
753	753	right-of-way, said point being the Northeast corner of that certain
754	754	tract of land conveyed to Delta Troy Interests, Ltd., and described
755	755	as the residue of 393.3575 acres of land in deed recorded under
756	756	County Clerk's File No. W201253 of the said Real Property Records,
757	757	from which point, a found 4" x 4" concrete monument bears South
758	758	8935' West, 3.9 feet;
759	759	Thence, South 8741'31" West, 3335.39 feet with the South line
760	760	of said F.M. Highway No. 2920 and the common North line of the said
761	761	393.3575 acre tract to a 5/8 inch steel rod set for the Northeast
762	762	corner and PLACE OF BEGINNING of the said 109.9186 acre tract and
763	763	the herein described tract;
764	764	Thence, South 0218'29" East, 3638.43 feet (called South
765	765	0217'36" East, 3639.80 feet in vesting deed) with the East line of
766	766	the said 109.9186 acre tract to a 5/8 inch steel rod set in the
767	767	Southwesterly line of the said 393.3575 acre tract and the
768	768	Northeasterly line of State Highway No. 290, based on a 320 foot
769	769	right-of-way, for the Southeast corner of the said 109.9186 acre
770	770	tract and the herein described tract, said point being in the arc of
771	771	a non-tangent curve to the left, having a radius of 7799.44 feet and
772	772	a central angle of 0835'22";
773	773	Thence, in a Northwesterly direction, with the Northeasterly
774	774	line of said U.S. Highway No. 290 and the common Southwesterly line
775	775	of the said 109.9186 acre tract, and with the said curve to the left
776	776	having a radius of 7799.44 feet (chord bearing North 6300'09" West,
777	777	1168.15 feet), an arc distance of 1169.24 feet to a 5/8 inch steel
778	778	rod set at a point of non-tangent curve to the left, having a radius
779	779	of 2013.86 feet and a central angle of 2216'29", said point also
780	780	being the most Easterly corner of that certain 1.0459 acre tract of
781	781	land conveyed to the State of Texas (for highway widening purposes)
782	782	as described in deed recorded under County Clerk's File No. T324011
783	783	of the said Real Property Records;
784	784	Thence, continuing with the Northeasterly line of said U.S.
785	785	Highway No. 290 and the said 1.0459 acre tract, and with the said
786	786	curve to the left having a radius of 2013.86 feet (chord bearing
787	787	North 5930'58" West, 778.00 feet), an arc distance of 782.92 feet
788	788	to a 5/8 inch steel rod set at a point of tangency;
789	789	Thence, continuing with the Northeasterly line of said U.S.
790	790	Highway No. 290 and the said 1.0459 acre tract, North 7039'12"
791	791	West, 237.97 feet to a 5/8 inch steel rod set at a cut-back for
792	792	Binford Road, said point being the most Westerly or Northwest
793	793	corner of the said 1.0459 acre tract, said point also being in the
794	794	Northeasterly line of that certain 1.235 acre tract of land
795	795	conveyed to the State of Texas, as described in deed recorded under
796	796	County Clerk's File No. R276486 of the said Real Property Records;
797	797	Thence, North 3036'06" West, 17.66 feet with the
798	798	Northeasterly line of the said 1.235 acre tract and the said
799	799	cut-back line to a 5/8 inch steel rod set in the East line of said
800	800	Binford Road (right-of-way varies at this point) and the West line
801	801	of the said 109.9186 acre tract for an angle point, said point being
802	802	the most Westerly or Northwest corner of the said 1.235 acre tract;
803	803	Thence, North 0902'53" West (called North 0902'34" West in
804	804	vesting deed), 452.64 feet with the East line of said Binford Road
805	805	and the common West line of the said 109.9186 acre tract to a 5/8
806	806	inch steel rod set for an angle point (right-of-way 66 feet wide at
807	807	this point), from which point, a 5/8 inch steel rod found in
808	808	concrete bears South 8100' East, 0.53 feet;
809	809	Thence, North 0242'53" West, 793.61 feet (called North
810	810	0241'16" West, 731.85 feet in vesting deed) with the East line of
811	811	said Binford Road and the common West line of the said 109.9186 acre
812	812	tract to a 5/8 inch steel rod set for the most Westerly Northwest
813	813	corner of the herein described tract, said point being the
814	814	Southwest corner of that certain 29.6849 acre tract of land
815	815	conveyed to Jesse B. Heath, Jr., Trustee, as described in deed
816	816	recorded under County Clerk's File No. J741028 of the said Real
817	817	Property Records;
818	818	Thence, North 8741'31" East, 990.77 feet (called North
819	819	8742'24" East, 991.05 feet in vesting deed and 29.6849 acre deed)
820	820	with the South line of the said 29.6849 acre tract and the common
821	821	line of the said 109.9186 acre tract to a 5/8 inch steel rod set for
822	822	an interior ell corner of the herein described tract, said point
823	823	being the Southeast corner of the said 29.6849 acre tract;
824	824	Thence, North 0218'29" West (called North 0217'36" West in
825	825	vesting deed and 29.6849 acre deed), 1298.83 feet to a 5/8 inch
826	826	steel rod set in the South line of said F.M. Highway No. 2920 for the
827	827	most Northerly Northwest corner of the said 109.9186 acre tract and
828	828	the herein described tract, said point being the Northeast corner
829	829	of the said 29.6849 acre tract;
830	830	Thence, North 8741'31" East (called North 8742'24" East in
831	831	vesting deed), 970.20 feet with the South line of said F.M. Highway
832	832	No. 2920 and the common North line of the said 109.9186 acre tract
833	833	to the PLACE OF BEGINNING and containing 107.6370 acres or
834	834	4,688,669 square feet of land, more or less.
835	835	TRACT 4:
836	836	Fieldnotes for 8.9032 acres of land out of Lot 4 and Lot 5,
837	837	Section 10 of the Harris County School Land Survey, Abstract No.
838	838	332, in Harris County, Texas, the map or plat thereof recorded in
839	839	Volume 17, Page 222 of the Deed Records of Harris County, being out
840	840	of and a part of that certain 29.6849 acre tract of land conveyed to
841	841	Jesse B. Heath, Jr., Trustee, as described in general warranty deed
842	842	recorded under County Clerk's File No. J741028 of the Real Property
843	843	Records of Harris County, and being that same (called) 8.906 acre
844	844	tract of land conveyed to Paul Wilkerson and Eva Grant, as described
845	845	in deed recorded under County Clerk's File No. X407844 of the said
846	846	Real Property Records, said 8.9032 acres of land being more
847	847	particularly described by metes and bounds as follows:
848	848	COMMENCING at a 1 inch steel rod set in the South line of F.M.
849	849	Highway No. 2920, based on a 100 foot right-of-way, at its
850	850	intersection with the East line of Binford Road, based on a 66 foot
851	851	right-of-way, said point being the Northwest corner of the said
852	852	29.6849 acre tract, said point also being in the arc of a curve to
853	853	the left, having a radius of 11509.30 and a central angle of
854	854	0048'18", from which point, a found 4" x 4" concrete monument bears
855	855	South 57 East, 1.25 feet and a found 5/8 inch steel rod bears South
856	856	59 East, 1.79 feet;
857	857	Thence, South 0242'53" East, 909.10 feet with the East line
858	858	of said Binford Road and the West line of the said 29.6849 acre
859	859	tract to a 3/4 inch steel rod set for the Northwest corner and PLACE
860	860	OF BEGINNING of the said 8.906 acre tract and the herein described
861	861	tract, said point also being the Southwest corner of a 20.7774 acre
862	862	tract of land previously conveyed, from which point, a found 5/8
863	863	inch steel rod bears South 0852' East, 2.1 feet;
864	864	Thence, North 8741'31" East, 993.55 feet with the South line
865	865	of the said 20.7774 acre tract to a 3/4 inch steel rod set in the
866	866	East line of the said 29.6849 acre tract for the Northeast corner of
867	867	the herein described tract, said point being in the Westerly line of
868	868	a 107.6370 acre tract of land previously conveyed, from which
869	869	point, a found 5/8 inch steel rod bears South 1841' East, 1.9 feet;
870	870	Thence, South 0218'29" East, 390.89 feet with the East line
871	871	of the said 29.6849 acre tract and the common line of the said
872	872	107.6370 acre tract to a 5/8 inch steel rod set for the Southeast
873	873	corner of the said 29.6849 acre tract and the herein described
874	874	tract, said point being an interior ell corner of the said 107.6370
875	875	acre tract;
876	876	Thence, South 8741'31" West, 990.77 feet with the South line
877	877	of the said 29.6849 acre tract and the common line of the said
878	878	107.6370 acre tract to a 5/8 inch steel rod set in the East line of
879	879	said Binford Road for the Southwest corner of the said 29.6849 acre
880	880	tract and the herein described tract, said point being the most
881	881	Westerly Northwest corner of the said 107.6370 acre tract;
882	882	Thence, North 0242'53" West, 390.90 feet with the East line
883	883	of said Binford Road and the common West line of the said 29.6849
884	884	acre tract to the PLACE OF BEGINNING and containing 8.9032 acres or
885	885	387,825 square feet of land, more or less.
886	886	TRACT 5:
887	887	Fieldnotes for 20.7774 acres of land out of Lot 4, Section 10
888	888	of the Harris County School Land Survey, Abstract No. 332, in Harris
889	889	County, Texas, the map or plat thereof recorded in Volume 17, Page
890	890	222 of the Deed Records of Harris County, being out of and a part of
891	891	that certain 29.6849 acre tract of land conveyed to Jesse B. Heath,
892	892	Jr., Trustee, as described in general warranty deed recorded under
893	893	County Clerk's File No. J741028 of the Real Property Records of
894	894	Harris County, said 20.7774 acres of land being more particularly
895	895	described by metes and bounds as follows:
896	896	BEGINNING at a 1 inch steel rod set in the South line of F.M.
897	897	Highway No. 2920, based on a 100 foot right-of-way, at its
898	898	intersection with the East line of Binford Road, based on a 66 foot
899	899	right-of-way, said point being the Northwest corner of the said
900	900	29.6849 acre tract and the herein described tract, said point being
901	901	in the arc of a curve to the left, having a radius of 11509.30 and a
902	902	central angle of 0048'18", from which point, a found 4" x 4"
903	903	concrete monument bears South 57 East, 1.25 feet and a found 5/8
904	904	inch steel rod bears South 59 East, 1.79 feet;
905	905	Thence, in an Easterly direction, with the South line of said
906	906	F.M. Highway No. 2920 and the common North line of the said 29.6849
907	907	acre tract, and with the said curve to the left having a radius of
908	908	11509.30 feet (chord bearing North 8805'40" East, 161.70 feet), an
909	909	arc distance of 161.70 feet to a 5/8 inch steel rod set at a point of
910	910	tangency, from which point, a broken 4" x 4" concrete monument bears
911	911	North 80 East, 0.53 feet;
912	912	Thence, continuing with the South line of said F.M. Highway
913	913	No. 2920 and the common North line of the said 29.6849 acre tract,
914	914	North 8741'31" East, 838.30 feet to a 5/8 inch steel rod set for the
915	915	Northeast corner of the said 29.6849 acre tract and the herein
916	916	described tract, said point also being the most Northerly Northwest
917	917	corner of a 107.6370 acre tract of land, the residue of a 109.9186
918	918	acre tract of land conveyed to Boris & Margaret Payen Family Limited
919	919	Partnership, as described in deed recorded under County Clerk's
920	920	File No. T324010 of the said Real Property Records;
921	921	Thence, South 0218'29" East, 907.94 feet with the East line
922	922	of the said 29.6849 acre tract and the common line of the said
923	923	107.6370 acre tract to a 3/4 inch steel rod set for the Southeast
924	924	corner of the herein described tract, from which point, a found 5/8
925	925	inch steel rod bears South 1841' East, 1.9 feet;
926	926	Thence, South 8741'31" West, 993.55 feet to a 3/4 inch steel
927	927	rod set in the West line of the said 29.6849 acre tract and the
928	928	common East line of said Binford Road for the Southwest corner of
929	929	the herein described tract, from which point, a found 5/8 inch steel
930	930	rod bears South 0852' East, 2.1 feet;
931	931	Thence, North 0242'53" West, 909.10 feet with the West line
932	932	of the said 29.6849 acre tract and the common East line of said
933	933	Binford Road to the PLACE OF BEGINNING and containing 20.7774 acres
934	934	or 905,065 square feet of land, more or less.
935	935	TRACT 6:
936	936	Fieldnotes for 164.3702 acres of land, being all of Lot 11 and
937	937	12 and a part of Lots 13 and 14, Section 7 of the Harris County
938	938	School Land Survey, Abstract No. 332, in Harris County, Texas, the
939	939	map or plat thereof recorded in Volume 17, Page 222 of the Deed
940	940	Records of Harris County, and being all of that certain (called)
941	941	164.401 acre tract of land conveyed to Chang-Hsine Cheng, et ux, as
942	942	described in deed recorded under County Clerk's File No. M314811 of
943	943	the Real Property Records of Harris County, said 164.3702 acres of
944	944	land being more particularly described by metes and bounds as
945	945	follows:
946	946	BEGINNING at a 5/8 inch steel rod found in the North line of
947	947	F.M. Highway No. 2920, based on a 100.00 foot right-of-way, at its
948	948	intersection with the East line of Binford Road, based on a 66.00
949	949	foot right-of-way, in the West line of said Lot 13, said point being
950	950	the Southwest corner of the said 164.401 acre tract and that certain
951	951	1.1057 acre Right Of Way Easement conveyed to the County of Harris
952	952	(for the widening of Binford Road) as described in instrument
953	953	recorded under County Clerk's File No. M747112 of the said Real
954	954	Property Records, said point also being the Northwest corner of
955	955	that certain 2.070 acre tract of land conveyed to the State of Texas
956	956	(for the widening of F.M. Highway No. 2920) as described in deed
957	957	recorded under County Clerk's File No. C684810 of the said Real
958	958	Property Records;
959	959	Thence, North 0018'09" West, 2694.07 feet (called North
960	960	0019'09" West, 2694.07 feet in 1.1057 acre deed), with the East
961	961	line of said Binford Road and the common West line of the said
962	962	164.401 acre tract and the said 1.1057 acre tract to a 5/8 inch
963	963	steel rod found marking the Northwest corner of said Lot 12, the
964	964	said 164.401 acre tract and the herein described tract, said point
965	965	being the Northwest corner of the said 1.1057 acre tract, said point
966	966	also being the Southwest corner of adjacent Lot 5 of said Section 7
967	967	and that certain 9.862 acre tract of land conveyed to Domenico
968	968	Calarco, et ux, as described in deed recorded under County Clerk's
969	969	File No. D254432 of the said Real Property Records;
970	970	Thence, North 8957'10" East with the South line of said Lot 5
971	971	and the said 9.862 acre tract, and the common North line of said Lot
972	972	12 and the said 164.401 acre tract, at 663 feet passing the
973	973	Southeast corner of the said 9.862 acre tract and the Southwest
974	974	corner of that certain 72.8588 acre tract of land conveyed to Glen
975	975	Harris, Jr., Trustee as described in instrument recorded under
976	976	County Clerk's File No. E052129 of the said Real Property Records,
977	977	and continuing with the South line of the said 72.8588 acre tract in
978	978	all, a total distance of 2653.44 feet to a 5/8 inch steel rod found
979	979	marking the Northeast corner of aforesaid Lot 11, the said 164.401
980	980	acre tract, and the herein described tract, said point being the
981	981	Southeast corner of adjacent Lot 6 of said Section 7 and the said
982	982	72.8588 acre tract, said point also being in the West line of that
983	983	certain 4.000 acre tract of land conveyed to Deanne Prusak as
984	984	described in deed recorded under County Clerk's File No. R803468 of
985	985	the said Real Property Records, and being the Southwest corner of
986	986	adjacent Lot 7 and the Northwest corner of adjacent Lot 10 of said
987	987	Section 7;
988	988	Thence, South 0018'08" East (called South 0051'56" East in
989	989	4.000 acre deed, South 0018'09" East in vesting deed, and South
990	990	0018'08" East in that certain boundary line agreement recorded in
991	991	Volume 7167, Page 187 of the said Deed Records), with the West line
992	992	of said Lot 10 and the said 4.000 acre tract, and the common East
993	993	line of said Lot 11 and the said 164.401 acre tract, at 160.49 feet
994	994	passing the Southwest corner of the said 4.000 acre tract and the
995	995	Northwest corner of the residue of that certain 6.3725 acre tract of
996	996	land conveyed to Robert V. Davidson, et ux, as described in deed
997	997	recorded under County Clerk's File No. P512170 of the said Real
998	998	Property Records, and continuing with the West line of the said
999	999	6.3725 acre tract (called South 0051'56" East in 6.3725 acre deed),
1000	1000	at 397.10 feet passing the Southwest corner of the said 6.3725 acre
1001	1001	tract and the Northwest corner of that certain 52.934 acre tract of
1002	1002	land conveyed to David A. Sellars, et ux, as described in deed
1003	1003	recorded under County Clerk's File No. S911654 of the said Real
1004	1004	Property Records, and continuing with the West line of the said
1005	1005	52.934 acre tract (called South 0053'57" East in 52.934 acre deed),
1006	1006	at 1360.23 feet passing the Southwest corner of the said 52.934 acre
1007	1007	tract (a 5/8 inch steel rod found 0.96' West) and the Northwest
1008	1008	corner of the residue of that certain tract of land conveyed to
1009	1009	Clara Harrison, et al, and Alma Bullock and described as Tract III
1010	1010	in partition deed recorded under County Clerk's File No. C695611 of
1011	1011	the said Real Property Records, and continuing with the West line of
1012	1012	said Tract III in all, a total distance of 2701.69 feet (called
1013	1013	2701.84 feet in vesting deed) to a 5/8 inch steel rod set in the
1014	1014	North line of said F.M. Highway No. 2920 for the Southeast corner of
1015	1015	the said 164.401 acre tract and the herein described tract, said
1016	1016	point bears North 0018'08" West, 17 ft. from the Southeast corner
1017	1017	of aforesaid Lot 14 and the common Southwest corner of said Tract
1018	1018	III and adjacent Lot 15 of said Section 7, and North 3046' East, 1.0
1019	1019	foot from a found 1/2 inch steel rod;
1020	1020	Thence, North 8954'23" West, 2495.18 feet (called North
1021	1021	8955'25" West, 2494.58 feet in vesting deed) with the North line of
1022	1022	said F.M. Highway No. 2920 and the South line of the said 164.401
1023	1023	acre tract to a 5/8 inch steel rod set at a point of curve to the
1024	1024	right, having a radius of 11409.30 feet and a central angle of
1025	1025	0047'42";
1026	1026	Thence, continuing with the North line of said F.M. Highway
1027	1027	No. 2920 and the South line of the said 164.401 acre tract, and with
1028	1028	the said curve to the right having a radius of 11409.30 feet (chord
1029	1029	bearing North 8930'32" West, 158.31 feet), an arc distance of
1030	1030	158.31 feet to the PLACE OF BEGINNING and containing 164.3702 acres
1031	1031	or 7,159,967 square feet of land, more or less.
1032	1032	SAVE AND EXCEPT:
1033	1033	Fieldnotes for 37.6450 acres of land, being out of and a part
1034	1034	of Lot 11 and Lot 12, Section 7 of the Harris County School Land
1035	1035	Survey, Abstract No. 332, in Harris County, Texas, the map or plat
1036	1036	thereof recorded in Volume 17, Page 222 of the Deed Records of
1037	1037	Harris County, and being out of and a part of that certain 164.3702
1038	1038	acre tract of land conveyed to R.K. McGaughy, Trustee, as described
1039	1039	in deed recorded under County Clerk's File No. Z519743 of the Real
1040	1040	Property Records of Harris County, said 37.6450 acres of land being
1041	1041	more particularly described by metes and bounds as follows:
1042	1042	COMMENCING at a 5/8 inch steel rod found in the North line of
1043	1043	F.M. Highway No. 2920, based on a 100 foot right-of-way, at its
1044	1044	intersection with the East line of Binford Road, based on a 66 foot
1045	1045	right-of-way, in the West line of Lot 13 of said Section 7, said
1046	1046	point being the Southwest corner of the said 164.3702 acre tract and
1047	1047	that certain 1.1057 acre Right of Way Easement conveyed to the
1048	1048	County of Harris (for the widening of Binford Road) as described in
1049	1049	instrument recorded under County Clerk's File No. M747112 of the
1050	1050	said Real Property Records, said point also being the Northwest
1051	1051	corner of that certain 2.070 acre tract of land conveyed to the
1052	1052	State of Texas (for the widening of F.M. Highway No. 2920) as
1053	1053	described in deed recorded under County Clerk's File No. C684810 of
1054	1054	the said Real Property Records;
1055	1055	Thence, North 0018'09" West, 2070.20 feet with the East line
1056	1056	of said Binford Road and the common West line of the said 164.3702
1057	1057	acre tract and the said 1.1057 acre tract to a 5/8 inch steel rod set
1058	1058	for the Southwest corner and PLACE OF BEGINNING for the herein
1059	1059	described tract;
1060	1060	Thence, continuing with the East line of said Binford Road
1061	1061	and the common West line of the said 164.3702 acre tract and the
1062	1062	said 1.1057 acre tract, North 0018'09" West, 623.87 feet to a 5/8
1063	1063	inch steel rod found marking the Northwest corner of said Lot 12,
1064	1064	the said 164.3702 acre tract, the said 1.1057 acre tract, and the
1065	1065	herein described tract, said point also being the Southwest corner
1066	1066	of adjacent Lot 5 of said Section 7 and that certain 9.862 acre
1067	1067	tract of land conveyed to Domenico Calarco, et ux, as described in
1068	1068	deed recorded under County Clerk's File No. D254432 of the said Real
1069	1069	Property Records;
1070	1070	Thence, North 8957'10" East with the South line of said Lot 5
1071	1071	and the said 9.862 acre tract, and the common North line of said Lot
1072	1072	12 and the said 164.3702 acre tract, at 663.0 feet passing the
1073	1073	Southeast corner of the said 9.862 acre tract and the Southwest
1074	1074	corner of that certain 72.8588 acre tract of land conveyed to Glen
1075	1075	Harris, Jr., Trustee as described in instrument recorded under
1076	1076	County Clerk's File No. E052129 of the said Real Property Records,
1077	1077	and continuing with the South line of the said 72.8588 acre tract in
1078	1078	all, a total distance of 2653.44 feet to a 5/8 inch steel rod found
1079	1079	marking the Northeast corner of aforesaid Lot 11, the said 164.3702
1080	1080	acre tract, and the herein described tract, said point being the
1081	1081	Southeast corner of adjacent Lot 6 of said Section 7 and the said
1082	1082	72.8588 acre tract, said point also being in the West line of that
1083	1083	certain 4.000 acre tract of land conveyed to Deanne Prusak as
1084	1084	described in deed recorded under County Clerk's File No. R803468 of
1085	1085	the said Real Property Records, and being the Southwest corner of
1086	1086	adjacent Lot 7 and the Northwest corner of adjacent Lot 10 of said
1087	1087	Section 7;
1088	1088	Thence, South 0018'08" East with the West line of said Lot 10
1089	1089	and the said 4.000 acre tract, and the common East line of said Lot
1090	1090	11 and the said 164.3702 acre tract, at 160.49 feet passing the
1091	1091	Southwest corner of the said 4.000 acre tract and the Northwest
1092	1092	corner of the residue of that certain 6.3725 acre tract of land
1093	1093	conveyed to Robert V. Davidson, et ux, as described in deed recorded
1094	1094	under County Clerk's File No. P512170 of the said Real Property
1095	1095	Records, and continuing with the West line of the said 6.3725 acre
1096	1096	tract, at 397.10 feet passing the Southwest corner of the said
1097	1097	6.3725 acre tract and the Northwest corner of that certain 52.934
1098	1098	acre tract of land conveyed to David A. Sellars, et ux, as described
1099	1099	in deed recorded under County Clerk's File No. S911654 of the said
1100	1100	Real Property Records, and continuing with the West line of the said
1101	1101	52.934 acre tract in all, a total distance of 612.13 feet to a 5/8
1102	1102	inch steel rod set for the Southeast corner of the herein described
1103	1103	tract;
1104	1104	Thence, South 8941'58" West, 2653.41 feet to the PLACE OF
1105	1105	BEGINNING and containing 37.6450 acres or 1,639,817 square feet of
1106	1106	land, more or less.
1107	1107	SECTION 3. (a) The legal notice of the intention to
1108	1108	introduce this Act, setting forth the general substance of this
1109	1109	Act, has been published as provided by law, and the notice and a
1110	1110	copy of this Act have been furnished to all persons, agencies,
1111	1111	officials, or entities to which they are required to be furnished
1112	1112	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
1113	1113	Government Code.
1114	1114	(b) The governor, one of the required recipients, has
1115	1115	submitted the notice and Act to the Texas Commission on
1116	1116	Environmental Quality.
1117	1117	(c) The Texas Commission on Environmental Quality has filed
1118	1118	its recommendations relating to this Act with the governor,
1119	1119	lieutenant governor, and speaker of the house of representatives
1120	1120	within the required time.
1121	1121	(d) The general law relating to consent by political
1122	1122	subdivisions to the creation of districts with conservation,
1123	1123	reclamation, and road powers and the inclusion of land in those
1124	1124	districts has been complied with.
1125	1125	(e) All requirements of the constitution and laws of this
1126	1126	state and the rules and procedures of the legislature with respect
1127	1127	to the notice, introduction, and passage of this Act have been
1128	1128	fulfilled and accomplished.
1129	1129	SECTION 4. This Act takes effect immediately if it receives
1130	1130	a vote of two-thirds of all the members elected to each house, as
1131	1131	provided by Section 39, Article III, Texas Constitution. If this
1132	1132	Act does not receive the vote necessary for immediate effect, this
1133	1133	Act takes effect September 1, 2009.
1134	1134	______________________________ ______________________________
1135	1135	President of the Senate Speaker of the House
1136	1136	I hereby certify that S.B. No. 2467 passed the Senate on
1137	1137	May 11, 2009, by the following vote: Yeas 31, Nays 0.
1138	1138	______________________________
1139	1139	Secretary of the Senate
1140	1140	I hereby certify that S.B. No. 2467 passed the House on
1141	1141	May 26, 2009, by the following vote: Yeas 140, Nays 1, one
1142	1142	present not voting.
1143	1143	______________________________
1144	1144	Chief Clerk of the House
1145	1145	Approved:
1146	1146	______________________________
1147	1147	Date
1148	1148	______________________________
1149	1149	Governor