Texas 2009 - 81st Regular

Texas Senate Bill SB2531 Compare Versions

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1	1	S.B. No. 2531
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Harris County Improvement District
6	6	No. 15; providing authority to impose an assessment, impose a tax,
7	7	and issue bonds.
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 3883 to read as follows:
11	11	CHAPTER 3883. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 15
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 3883.001. 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 Harris County Improvement
17	17	District No. 15.
18	18	Sec. 3883.002. NATURE OF DISTRICT. The Harris County
19	19	Improvement District No. 15 is a special district created under
20	20	Section 59, Article XVI, Texas Constitution.
21	21	Sec. 3883.003. 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	Houston, Harris County, and other political subdivisions to
27	27	contract with the district, the legislature has established a
28	28	program to accomplish the public purposes set out in Section 52-a,
29	29	Article 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. 3883.004. 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	(4) provide for water, wastewater, drainage, road, and
66	66	recreational facilities for the district; and
67	67	(5) provide for canals, waterways, bulkheads, docks,
68	68	and other similar improvements or facilities for the district.
69	69	(e) Pedestrian ways along or across a street, whether at
70	70	grade or above or below the surface, and street lighting, street
71	71	landscaping, parking, and street art objects are parts of and
72	72	necessary components of a street and are considered to be a street
73	73	or road improvement.
74	74	(f) The district will not act as the agent or
75	75	instrumentality of any private interest even though the district
76	76	will benefit many private interests as well as the public.
77	77	Sec. 3883.005. INITIAL DISTRICT TERRITORY. (a) The
78	78	district is initially composed of the territory described by
79	79	Section 2 of the Act enacting this chapter.
80	80	(b) The boundaries and field notes contained in Section 2 of
81	81	the Act enacting this chapter form a closure. A mistake in the
82	82	field notes or in copying the field notes in the legislative process
83	83	does not affect the district's:
84	84	(1) organization, existence, or validity;
85	85	(2) right to issue any type of bond for the purposes
86	86	for which the district is created or to pay the principal of and
87	87	interest on the bond;
88	88	(3) right to impose or collect an assessment or tax; or
89	89	(4) legality or operation.
90	90	Sec. 3883.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
91	91	All or any part of the area of the district is eligible to be
92	92	included in:
93	93	(1) a tax increment reinvestment zone created under
94	94	Chapter 311, Tax Code;
95	95	(2) a tax abatement reinvestment zone created under
96	96	Chapter 312, Tax Code; or
97	97	(3) an enterprise zone created under Chapter 2303,
98	98	Government Code.
99	99	Sec. 3883.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
100	100	DISTRICTS LAW. Except as otherwise provided by this chapter,
101	101	Chapter 375, Local Government Code, applies to the district.
102	102	Sec. 3883.008. LIBERAL CONSTRUCTION OF CHAPTER. This
103	103	chapter shall be liberally construed in conformity with the
104	104	findings and purposes stated in this chapter.
105	105	[Sections 3883.009-3883.050 reserved for expansion]
106	106	SUBCHAPTER B. BOARD OF DIRECTORS
107	107	Sec. 3883.051. GOVERNING BODY; TERMS. (a) The district is
108	108	governed by a board of seven voting directors who serve staggered
109	109	terms of four years, with three or four directors' terms expiring
110	110	June 1 of each odd-numbered year.
111	111	(b) The board by resolution may change the number of voting
112	112	directors on the board, but only if the board determines that the
113	113	change is in the best interest of the district. The board may not
114	114	consist of fewer than five or more than 15 voting directors.
115	115	Sec. 3883.052. APPOINTMENT OF DIRECTORS. The Texas
116	116	Commission on Environmental Quality shall appoint voting directors
117	117	from persons recommended by the board.
118	118	Sec. 3883.053. INITIAL VOTING DIRECTORS. (a) The initial
119	119	board consists of the following voting directors:
120	120	Pos. No. Name of Director
121	121	1 Dan Arnold
122	122	2 Kirk Pfeffer
123	123	3 David Dacote
124	124	4 Jim Casey
125	125	5 Steve Alvis
126	126	6 Gregory D. Compean
127	127	7 Ramon Garza
128	128	(b) Of the initial directors, the terms of directors
129	129	appointed for positions 1 through 4 expire June 1, 2011, and the
130	130	terms of directors appointed for positions 5 through 7 expire June
131	131	1, 2013.
132	132	(c) Section 3883.052 does not apply to this section.
133	133	Sec. 3883.054. NONVOTING DIRECTORS. The board may appoint
134	134	nonvoting directors to serve at the pleasure of the voting
135	135	directors.
136	136	Sec. 3883.055. QUORUM. For purposes of determining the
137	137	requirements for a quorum of the board, the following are not
138	138	counted:
139	139	(1) a board position vacant for any reason, including
140	140	death, resignation, or disqualification;
141	141	(2) a director who is abstaining from participation in
142	142	a vote because of a conflict of interest; or
143	143	(3) a nonvoting director.
144	144	Sec. 3883.056. COMPENSATION. A director is entitled to
145	145	receive fees of office and reimbursement for actual expenses as
146	146	provided by Section 49.060, Water Code. Sections 375.069 and
147	147	375.070, Local Government Code, do not apply to the board.
148	148	[Sections 3883.057-3883.100 reserved for expansion]
149	149	SUBCHAPTER C. POWERS AND DUTIES
150	150	Sec. 3883.101. MARITIME IMPROVEMENT AND OPERATIONS POWERS.
151	151	(a) In this section, "port authority" means the Port of Houston
152	152	Authority of Harris County, Texas.
153	153	(b) Except as provided by this section, the district may
154	154	purchase, construct, acquire, own, operate, maintain, improve, or
155	155	extend, inside and outside the district, canals, waterways,
156	156	bulkheads, docks, and any other improvements or facilities
157	157	necessary or convenient to accomplish the navigation purposes of
158	158	the district authorized by Section 59, Article XVI, Texas
159	159	Constitution.
160	160	(c) The district may not exercise its powers in, over,
161	161	under, or across any lands or submerged lands of the port authority,
162	162	as conveyed by the State of Texas to the Harris County Houston Ship
163	163	Channel Navigation District by Chapter 292, Acts of the 40th
164	164	Legislature, Regular Session, 1927.
165	165	(d) The design, construction, operation, and maintenance of
166	166	any improvements or facilities related to navigation of the area
167	167	commonly known as the Houston Ship Channel or its tributaries, as
168	168	described in Section 1, Chapter 97, Acts of the 40th Legislature,
169	169	1st Called Session, 1927, by the district, any owner of land in the
170	170	district, or any other person acting by, through, or on behalf of
171	171	the district or a person who owns land in the district, whether by
172	172	permission, agency, agreement, lease, easement, license, or
173	173	otherwise, must comply with the applicable rules, regulations,
174	174	bylaws, and similar legislative or regulatory acts or policies of
175	175	the port authority.
176	176	(e) Each rule, bylaw, or similar legislative or regulatory
177	177	act or policy of the district is subject to any applicable rule,
178	178	bylaw, or similar legislative or regulatory act or policy of the
179	179	port authority. In case of any conflict or inconsistency, the port
180	180	authority's rules, bylaws, or similar legislative or regulatory
181	181	acts or policies control over the rules, bylaws, or similar
182	182	legislative or regulatory acts or policies of the district.
183	183	(f) The rights, powers, privileges, and authority this
184	184	chapter confers on the district do not supersede or diminish the
185	185	rights, powers, privileges, and authority of the port authority,
186	186	the United States Army Corps of Engineers, or any other state or
187	187	federal agency.
188	188	Sec. 3883.102. DEVELOPMENT CORPORATION POWERS. The
189	189	district may exercise the powers given to a development corporation
190	190	under Chapter 505, Local Government Code, including the power to
191	191	own, operate, acquire, construct, lease, improve, or maintain a
192	192	project described by that chapter.
193	193	Sec. 3883.103. NONPROFIT CORPORATION. (a) The board by
194	194	resolution may authorize the creation of a nonprofit corporation to
195	195	assist and act for the district in implementing a project or
196	196	providing a service authorized by this chapter.
197	197	(b) The nonprofit corporation:
198	198	(1) has each power of and is considered for purposes of
199	199	this chapter to be a local government corporation created under
200	200	Chapter 431, Transportation Code; and
201	201	(2) may implement any project and provide any service
202	202	authorized by this chapter.
203	203	(c) The board shall appoint the board of directors of the
204	204	nonprofit corporation. The board of directors of the nonprofit
205	205	corporation shall serve in the same manner as the board of directors
206	206	of a local government corporation created under Chapter 431,
207	207	Transportation Code, except that a board member is not required to
208	208	reside in the district.
209	209	Sec. 3883.104. AGREEMENTS; GRANTS. (a) The district may
210	210	make an agreement with or accept a gift, grant, or loan from any
211	211	person.
212	212	(b) The implementation of a project is a governmental
213	213	function or service for the purposes of Chapter 791, Government
214	214	Code.
215	215	Sec. 3883.105. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT
216	216	SERVICES. To protect the public interest, the district may
217	217	contract with a qualified person, including Harris County or the
218	218	City of Houston, for the provision of law enforcement services in
219	219	the district for a fee.
220	220	Sec. 3883.106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
221	221	district may join and pay dues to a charitable or nonprofit
222	222	organization that performs a service or provides an activity
223	223	consistent with the furtherance of a district purpose.
224	224	Sec. 3883.107. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
225	225	district may establish and provide for the administration of one or
226	226	more programs to promote state or local economic development and to
227	227	stimulate business and commercial activity in the district,
228	228	including programs to:
229	229	(1) make loans and grants of public money; and
230	230	(2) provide district personnel and services.
231	231	(b) The district has all of the powers of a municipality
232	232	under Chapter 380, Local Government Code.
233	233	Sec. 3883.108. STRATEGIC PARTNERSHIP AGREEMENT. The
234	234	district may negotiate and enter into a written strategic
235	235	partnership with the City of Houston pursuant to Section 43.0751,
236	236	Local Government Code.
237	237	Sec. 3883.109. NO EMINENT DOMAIN. The district may not
238	238	exercise the power of eminent domain.
239	239	Sec. 3883.110. ANNEXATION OR EXCLUSION OF LAND. (a) The
240	240	district may annex land as provided by Subchapter J, Chapter 49,
241	241	Water Code.
242	242	(b) The district may exclude land as provided by Subchapter
243	243	J, Chapter 49, Water Code. Section 375.044(b), Local Government
244	244	Code, does not apply to the district.
245	245	[Sections 3883.111-3883.150 reserved for expansion]
246	246	SUBCHAPTER D. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES
247	247	Sec. 3883.151. PUBLIC TRANSIT SYSTEM. The district may
248	248	acquire, lease as lessor or lessee, construct, develop, own,
249	249	operate, and maintain a public transit system to serve the area in
250	250	the district.
251	251	Sec. 3883.152. PARKING FACILITIES AUTHORIZED; OPERATION BY
252	252	PRIVATE ENTITY. (a) The district may acquire, lease as lessor or
253	253	lessee, construct, develop, own, operate, and maintain parking
254	254	facilities or a system of parking facilities, including:
255	255	(1) lots, garages, parking terminals, or other
256	256	structures or accommodations for parking motor vehicles off the
257	257	streets; and
258	258	(2) equipment, entrances, exits, fencing, and other
259	259	accessories necessary for safety and convenience in parking
260	260	vehicles.
261	261	(b) A parking facility of the district may be leased to or
262	262	operated on behalf of the district by an entity other than the
263	263	district.
264	264	(c) The district's parking facilities are a program
265	265	authorized by the legislature under Section 52-a, Article III,
266	266	Texas Constitution.
267	267	(d) The district's parking facilities serve the public
268	268	purposes of the district and are owned, used, and held for a public
269	269	purpose even if leased or operated by a private entity for a term of
270	270	years.
271	271	Sec. 3883.153. RULES. The district may adopt rules
272	272	governing the district's public parking facilities.
273	273	Sec. 3883.154. FINANCING OF PUBLIC TRANSIT SYSTEM OR
274	274	PARKING FACILITIES. (a) The district may use any of its
275	275	resources, including revenue, assessments, taxes, or grant or
276	276	contract proceeds, to pay the cost of acquiring or operating a
277	277	public transit system or public parking facilities.
278	278	(b) The district may:
279	279	(1) set, charge, impose, and collect fees, charges, or
280	280	tolls for the use of the district's public transit system or parking
281	281	facilities; and
282	282	(2) issue bonds or notes to finance the cost of the
283	283	district's public transit system or parking facilities.
284	284	[Sections 3883.155-3883.200 reserved for expansion]
285	285	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
286	286	Sec. 3883.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The
287	287	board by resolution shall establish the number of directors'
288	288	signatures and the procedure required for a disbursement or
289	289	transfer of the district's money.
290	290	Sec. 3883.202. MONEY USED FOR IMPROVEMENTS OR SERVICES.
291	291	The district may acquire, construct, finance, operate, or maintain
292	292	any improvement or service authorized under this chapter or Chapter
293	293	375, Local Government Code, using any money available to the
294	294	district.
295	295	Sec. 3883.203. PETITION REQUIRED FOR FINANCING SERVICES AND
296	296	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
297	297	service or improvement project with assessments under this chapter
298	298	unless a written petition requesting that service or improvement
299	299	has been filed with the board.
300	300	(b) A petition filed under Subsection (a) must be signed by
301	301	the owners of a majority of the assessed value of real property in
302	302	the district subject to assessment according to the most recent
303	303	certified tax appraisal roll for Harris County.
304	304	Sec. 3883.204. METHOD OF NOTICE FOR HEARING. The district
305	305	may mail the notice required by Section 375.115(c), Local
306	306	Government Code, by certified or first class United States mail.
307	307	The board shall determine the method of mailing notice.
308	308	Sec. 3883.205. ASSESSMENTS; LIENS FOR ASSESSMENTS.
309	309	(a) The board by resolution may impose and collect an assessment
310	310	for any purpose authorized by this chapter in all or any part of the
311	311	district.
312	312	(b) An assessment, a reassessment, or an assessment
313	313	resulting from an addition to or correction of the assessment roll
314	314	by the district, penalties and interest on an assessment or
315	315	reassessment, an expense of collection, and reasonable attorney's
316	316	fees incurred by the district:
317	317	(1) are a first and prior lien against the property
318	318	assessed;
319	319	(2) are superior to any other lien or claim other than
320	320	a lien or claim for county, school district, or municipal ad valorem
321	321	taxes; and
322	322	(3) are the personal liability of and a charge against
323	323	the owners of the property even if the owners are not named in the
324	324	assessment proceedings.
325	325	(c) The lien is effective from the date of the board's
326	326	resolution imposing the assessment until the date the assessment is
327	327	paid. The board may enforce the lien in the same manner that the
328	328	board may enforce an ad valorem tax lien against real property.
329	329	(d) The board may make a correction to or deletion from the
330	330	assessment roll that does not increase the amount of assessment of
331	331	any parcel of land without providing notice and holding a hearing in
332	332	the manner required for additional assessments.
333	333	Sec. 3883.206. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
334	334	ASSESSMENTS. The district may not impose an impact fee or
335	335	assessment on the property, including the equipment,
336	336	rights-of-way, facilities, or improvements, of:
337	337	(1) an electric utility or a power generation company
338	338	as defined by Section 31.002, Utilities Code;
339	339	(2) a gas utility as defined by Section 101.003 or
340	340	121.001, Utilities Code;
341	341	(3) a telecommunications provider as defined by
342	342	Section 51.002, Utilities Code; or
343	343	(4) a person who provides to the public cable
344	344	television or advanced telecommunications services.
345	345	Sec. 3883.207. OPERATION AND MAINTENANCE TAX. (a) If
346	346	authorized at an election held in accordance with Section 3883.211,
347	347	the district may impose an annual operation and maintenance tax on
348	348	taxable property in the district in accordance with Section 49.107,
349	349	Water Code, for any district purpose, including to:
350	350	(1) maintain and operate the district;
351	351	(2) construct or acquire improvements; or
352	352	(3) provide a service.
353	353	(b) The board shall determine the tax rate. The rate may not
354	354	exceed the rate approved at the election.
355	355	(c) Section 49.107(h), Water Code, does not apply to the
356	356	district.
357	357	Sec. 3883.208. CONTRACT TAXES. (a) In accordance with
358	358	Section 49.108, Water Code, the district may impose a tax other than
359	359	an operation and maintenance tax and use the revenue derived from
360	360	the tax to make payments under a contract after the provisions of
361	361	the contract have been approved by a majority of the district voters
362	362	voting at an election held for that purpose.
363	363	(b) A contract approved by the district voters may contain a
364	364	provision stating that the contract may be modified or amended by
365	365	the board without further voter approval.
366	366	Sec. 3883.209. AUTHORITY TO BORROW MONEY AND TO ISSUE
367	367	BONDS. (a) The district may borrow money on terms and conditions
368	368	as determined by the board. Section 375.205, Local Government
369	369	Code, does not apply to a loan, line of credit, or other borrowing
370	370	from a bank or financial institution secured by revenue other than
371	371	ad valorem taxes.
372	372	(b) The district may issue bonds, notes, or other
373	373	obligations payable wholly or partly from ad valorem taxes, sales
374	374	and use taxes, assessments, impact fees, revenue, contract
375	375	payments, grants, or other district money, or any combination of
376	376	those sources of money, to pay for any authorized district purpose.
377	377	(c) The limitation on the outstanding principal amount of
378	378	bonds, notes, and other obligations set forth in Section 49.4645,
379	379	Water Code, does not apply to the district.
380	380	Sec. 3883.210. TAXES FOR BONDS. At the time the district
381	381	issues bonds payable wholly or partly from ad valorem taxes, the
382	382	board shall provide for the annual imposition of a continuing
383	383	direct annual ad valorem tax, without limit as to rate or amount,
384	384	while all or part of the bonds are outstanding as required and in
385	385	the manner provided by Sections 54.601 and 54.602, Water Code.
386	386	Sec. 3883.211. ELECTIONS REGARDING TAXES AND BONDS.
387	387	(a) The district may issue, without an election, bonds, notes, and
388	388	other obligations secured by:
389	389	(1) revenue other than ad valorem taxes; or
390	390	(2) contract payments described by Section 3883.208.
391	391	(b) The district must hold an election in the manner
392	392	provided by Subchapter L, Chapter 375, Local Government Code, to
393	393	obtain voter approval before the district may impose an ad valorem
394	394	tax or sales and use tax or issue bonds payable from ad valorem
395	395	taxes.
396	396	(c) Section 375.243, Local Government Code, does not apply
397	397	to the district.
398	398	(d) All or any part of any facilities or improvements which
399	399	may be acquired by a district by the issuance of its bonds may be
400	400	included in one single proposition to be voted on at the election or
401	401	the bonds may be submitted in several propositions.
402	402	Sec. 3883.212. COMPETITIVE BIDDING. Subchapter I, Chapter
403	403	49, Water Code, applies to the district. Sections 375.221 and
404	404	375.223, Local Government Code, do not apply to the district.
405	405	Sec. 3883.213. TAX AND ASSESSMENT ABATEMENTS. The district
406	406	may grant in the manner authorized by Chapter 312, Tax Code, an
407	407	abatement for a tax or assessment owed to the district.
408	408	[Sections 3883.214-3883.250 reserved for expansion]
409	409	SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED
410	410	PROPERTY
411	411	Sec. 3883.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR
412	412	DESIGNATED PROPERTY. The district may define areas or designate
413	413	certain property of the district to pay for improvements,
414	414	facilities, or services that primarily benefit that area or
415	415	property and do not generally and directly benefit the district as a
416	416	whole.
417	417	Sec. 3883.252. PROCEDURE FOR ELECTION. (a) Before the
418	418	district may impose an ad valorem tax or issue bonds payable from ad
419	419	valorem taxes of the area defined or property designated under
420	420	Section 3883.251, the board must call and hold an election as
421	421	provided by Section 3883.211 only in the defined area or in the
422	422	boundaries of the designated property.
423	423	(b) The board may submit the proposition to the voters on
424	424	the same ballot to be used in another election.
425	425	Sec. 3883.253. DECLARING RESULT AND ISSUING ORDER. (a) If
426	426	a majority of the voters voting at the election approve the
427	427	proposition or propositions, the board shall declare the results
428	428	and by order shall establish the defined area and describe it by
429	429	metes and bounds or designate the specific property.
430	430	(b) A court may not review the board's order except on the
431	431	ground of fraud, palpable error, or arbitrary and confiscatory
432	432	abuse of discretion.
433	433	Sec. 3883.254. TAXES FOR SERVICES, IMPROVEMENTS, AND
434	434	FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
435	435	approval and adoption of the order described in Section 3883.253,
436	436	the district may apply separately, differently, equitably, and
437	437	specifically its taxing power and lien authority to the defined
438	438	area or designated property to provide money to construct,
439	439	administer, maintain, and operate services, improvements, and
440	440	facilities that primarily benefit the defined area or designated
441	441	property.
442	442	Sec. 3883.255. ISSUANCE OF BONDS AND IMPOSITION OF TAXES
443	443	FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under
444	444	Section 3883.253 is adopted, the district may issue bonds to
445	445	provide for any land, improvements, facilities, plants, equipment,
446	446	and appliances for the defined area or designated property.
447	447	[Sections 3883.256-3883.300 reserved for expansion]
448	448	SUBCHAPTER G. MUNICIPAL ANNEXATION AND DISSOLUTION
449	449	Sec. 3883.301. MUNICIPAL ANNEXATION; DISSOLUTION.
450	450	(a) The district is a "water or sewer district" under Section
451	451	43.071, Local Government Code.
452	452	(b) Section 43.075, Local Government Code, applies to the
453	453	district.
454	454	(c) Section 375.264, Local Government Code, does not apply
455	455	to the dissolution of the district by a municipality.
456	456	SECTION 2. Harris County Improvement District No. 15
457	457	initially includes all territory contained in the following area:
458	458	TRACT 1:
459	459	Being a tract of land containing 384.667 acres, located in
460	460	the Richard and Robert Vince Survey, Abstract-76 in Harris County,
461	461	Texas; said 384.667 acres being all of a called 384.581 acre tract
462	462	described in the Special Warranty Deed with Vendor's Lien, recorded
463	463	in the name Port At Greens Bayou, Ltd., in Harris County Clerk's
464	464	File Number (H.C.C.F. No.) Z264553; said 384.667 acre tract being
465	465	more particularly described by metes and bounds as follows (all
466	466	bearings are based on the Texas State Plane Coordinate System,
467	467	South Central Zone (NAD27), per said H.C.C.F. No. Z264553):
468	468	Beginning at a 5/8-inch iron rod found on the westerly
469	469	Right-Of-Way (R.O.W.) line of Beltway 8 East (variable width per
470	470	instruments recoded under H.C.C.F. Nos. F894212, L150096, G259887,
471	471	G259888, G259889 and G259890), being the northeast corner of said
472	472	384.581 acre tract, and being in the southerly line of a called
473	473	75.253 acre tract described in the General Warranty Deed recorded
474	474	in the name of Missouri Pacific Railroad Company in Volume 4245,
475	475	Page 527 of the Harris County Deed Records (H.C.D.R.);
476	476	Thence, with the westerly lines of said Beltway 8 East and the
477	477	easterly lines of said 384.581 acre tract, the following nine (9)
478	478	courses:
479	479	1. South 02 degrees 42 minutes 24 seconds East, a distance
480	480	of 1089.96 feet to a 5/8-inch iron rod with "MSG cap set;
481	481	2. North 87 degrees 17 minutes 36 seconds East, a distance
482	482	of 149.99 feet to a 5/8-inch rod found;
483	483	3. South 02 degrees 42 minutes 24 seconds East, a distance
484	484	of 838.69 feet to a 5/8-inch iron rod found;
485	485	4. South 31 degrees 31 minutes 02 seconds East, a distance
486	486	of 342.36 feet to a 5/8-inch iron rod found;
487	487	5. South 01 degrees 41 minutes 01 seconds East, a distance
488	488	of 1120.10 feet to a 5/8-inch iron rod with "MSG" cap set;
489	489	6. South 47 degrees 42 minutes 24 seconds East, a distance
490	490	of 127.27 feet to a 5/8-inch iron rod found;
491	491	7. South 02 degrees 42 minutes 24 seconds East, a distance
492	492	of 1190.61 feet to a 5/8-inch iron rod found for the beginning of a
493	493	curve to the right;
494	494	8. 1302.59 feet with the arc of said curve to the right
495	495	having a radius of 11358.39 feet, through a central angle of 06
496	496	degrees 34 minutes 15 seconds, a chord that bears South 00 degrees
497	497	34 minutes 44 seconds West, a distance of 1301.88 feet to a 5/8-inch
498	498	iron rod found for the point of tangency;
499	499	9. South 03 degrees 51 minutes 51 seconds West, a distance
500	500	of 781.06 feet to a point (located in the waters of the Houston Ship
501	501	Channel) for the southeast corner of said 384.581 acre tract;
502	502	Thence, with the southerly lines of said 384.581 acre tract
503	503	(being located in the waters of the Houston Ship Channel), the
504	504	following six (6) courses:
505	505	1. North 85 degrees 58 minutes 21 seconds West, a distance
506	506	of 258.12 feet to a point for the beginning of a curve to the right;
507	507	2. 97.41 feet with the arc of said curve to the right having
508	508	a radius of 5239.83 feet, through a central angle of 01 degrees 03
509	509	minutes 55 seconds, a chord that bears North 85 degrees 26 minutes
510	510	25 seconds West, a distance of 97.41 feet to a point;
511	511	3. North 05 degrees 05 minutes 33 seconds East, a distance
512	512	of 45.00 feet to a point for the beginning of a non-tangent curve to
513	513	the right;
514	514	4. 749.51 feet with the arc of said curve to the right having
515	515	a radius of 5194.83 feet, through a central angle of 08 degrees 16
516	516	minutes 00 seconds, a chord that bears North 80 degrees 46 minutes
517	517	27 seconds West, a distance of 748.86 feet to a point;
518	518	5. North 13 degrees 21 minutes 33 seconds East, a distance
519	519	of 10.00 feet to a point for the beginning of a non-tangent curve to
520	520	the right;
521	521	6. 1141.26 feet with the arc of said curve to the right
522	522	having a radius of 5184.83 feet, through a central angle of 12
523	523	degrees 36 minutes 42 seconds, a chord that bears North 70 degrees
524	524	20 minutes 07 seconds West, a distance of 1138.95 feet to a point
525	525	for the southeast corner of a called 16.581 acre tract (Tract 2)
526	526	recorded in Special Warranty Deed to James H. Glanville, Trustee,
527	527	H.C.C.F. No. Y868202;
528	528	Thence, with the easterly line of said 16.581 acre tract,
529	529	North 03 degrees 14 minutes 42 seconds West, a distance of 2128.53
530	530	feet to a 5/8-inch iron rod found for the northeast corner of said
531	531	16.581 acre tract;
532	532	Thence, with the northerly line of said 16.581 acre tract,
533	533	South 86 degrees 45 minutes 18 seconds West, a distance of 477.73
534	534	feet to a 5/8-inch iron rod found on the east R.O.W. line of Penn
535	535	City Road (66 feet wide), for the northeast corner of said 16.581
536	536	acre tract;
537	537	Thence, with the easterly R.O.W. line of said Penn City Road
538	538	and the westerly line of aforesaid 384.581 acre tract, North 03
539	539	degrees 19 minutes 04 seconds West, a distance of 611.10 feet to a
540	540	5/8-inch iron rod with "MSG" cap set for the southwest corner of a
541	541	0.0402 acre tract described in the General Warranty Deed recorded
542	542	in the name of James H. Glanville, Trustee, in H.C.C.F. No. U634600;
543	543	Thence, through and across said 384.581 acre tract, with the
544	544	lines of said 0.0402 acre tract and a 0.0568 acre tract described in
545	545	the General Warranty Deed recorded in the name of James H.
546	546	Glanville, Trustee, in H.C.C.F. No. U634600 the following seven (7)
547	547	courses:
548	548	1. North 86 degrees 40 minutes 56 seconds East, a distance
549	549	of 50.00 feet to a 5/8-inch iron rod with "MSG cap set;
550	550	2. South 03 degrees 19 minutes 04 seconds East, a distance
551	551	of 10.00 feet to a 5/8-inch iron rod with "MSG" cap set:
552	552	3. North 86 degrees 40 minutes 56 seconds East, a distance
553	553	of 45.00 feet to a 5/8-inch iron rod with "MSG cap set;
554	554	4. North 03 degrees 19 minutes 04 seconds West, a distance
555	555	of 55.00 feet to a 5/8-inch iron rod with "MSG" cap set:
556	556	5. South 86 degrees 40 minutes 56 seconds West, a distance
557	557	of 45.00 feet to a 5/8-inch iron rod with "MSG cap set;
558	558	6. South 03 degrees 19 minutes 04 seconds East, a distance
559	559	of 10.00 feet to a 5/8-inch iron rod with "MSG" cap set:
560	560	7. South 86 degrees 40 minutes 56 seconds West, a distance
561	561	of 50.00 feet to a 5/8-inch iron rod with "MSG cap set on the
562	562	easterly R.O.W. line of said Penn City Road;
563	563	Thence, with the easterly R.O.W. line of said Penn City Road
564	564	and the westerly line of said 384.581 acre tract, North 03 degrees
565	565	19 minutes 04 seconds West, a distance of 4014.64 feet to a 5/8-inch
566	566	iron rod with "MSG cap set for the southwest corner of aforesaid
567	567	75.253 acre, being the northwest corner of said 384.581 acre tract
568	568	and the herein described tract;
569	569	Thence, with the northerly lines of said 384.581 acre tract
570	570	and the southerly lines of said 75.253 acre tract the following six
571	571	(6) courses:
572	572	1. South 75 degrees 28 minutes 50 seconds East, a distance
573	573	of 155.83 feet to a 5/8-inch iron rod found;
574	574	2. South 50 degrees 38 minutes 18 seconds East, a distance
575	575	of 183.20 feet to a 5/8-inch iron rod with "MSG" cap set;
576	576	3. South 75 degrees 30 minutes 37 seconds East, a distance
577	577	of 1274.61 feet to a 5/8-inch iron rod with "MSG" cap set;
578	578	4. South 81 degrees 57 minutes 02 seconds East, a distance
579	579	of 677.16 feet to a 5/8-inch iron rod found;
580	580	5. South 75 degrees 28 minutes 50 seconds East, a distance
581	581	of 198.65 feet a 5/8-inch iron rod found;
582	582	6. South 73 degrees 51 minutes 49 seconds East, a distance
583	583	of 104.58 feet to the Point of Beginning and containing 384.667
584	584	acres of land, Save and Except the following tract of land:
585	585	SAVE AND EXCEPT the following 0.0861 acre tract:
586	586	Being a tract of land containing 0.0861 acre, located in the
587	587	Richard and Robert Vince Survey, Abstract-76 in Harris County,
588	588	Texas; said 0.0861 acre tract being all of a called 0.0861 acre
589	589	tract described in the General Warranty Deed recorded in the name
590	590	Ballard Exploration Co., Inc., in H.C.C.F. Number V163848, said
591	591	0.0861 acre tract being more particularly described by metes and
592	592	bounds as follows (all bearings are based on the Texas State Plane
593	593	Coordinate System, South Central Zone (NAD27), per said H.C.C.F.
594	594	No. U488635):
595	595	Commencing at a 5/8-inch iron rod found on the westerly
596	596	R.O.W. line of Beltway 8 East (variable width per instruments
597	597	recoded under H.C.C.F. Nos. F894212, L150096, G259887, G259888,
598	598	G259889 and G259890), being the northeast corner of said 384.581
599	599	acre tract, and being in the southerly line of a said 75.253 acre
600	600	tract;
601	601	Thence, with the northerly lines of said 384.581 acre tract
602	602	and the southerly lines of said 75.253 acre tract the following two
603	603	(2) courses:
604	604	1. North 73 degrees 51 minutes 49 seconds West, a distance
605	605	of 104.58 feet to a 5/8-inch iron rod found;
606	606	2. North 75 degrees 28 minutes 50 seconds West, a distance
607	607	of 54.14 feet a point;
608	608	Thence, through and across said 384.581 acre tract, South 11
609	609	degrees 05 minutes 26 seconds West, a distance of 68.63 feet a
610	610	5/8-inch iron rod found for the northwest corner of said 0.0861 acre
611	611	tract and the Point of Beginning of the herein described tract;
612	612	Thence, with the north line of said 0.0861 acre tract, South
613	613	78 degrees 54 minutes 34 seconds East, a distance of 75.00 feet to a
614	614	5/8-inch iron rod with "MSG cap set for the northeast corner of said
615	615	0.0861 acre tract and the herein described tract;
616	616	Thence, with the east line of said 0.0861 acre tract, South 11
617	617	degrees 05 minutes 26 seconds West, a distance of 50.00 feet a
618	618	5/8-inch iron rod with "MSG cap set for the southeast corner of said
619	619	0.0861 acre tract and the herein described tract;
620	620	Thence, with the south line of said 0.0861 acre tract, North
621	621	78 degrees 54 minutes 34 seconds West, a distance of 75.00 feet to a
622	622	5/8-inch iron rod with "MSG cap set for the southwest corner of said
623	623	0.0861 acre tract and the herein described tract;
624	624	Thence, with the west line of said 0.0861 acre tract, North 11
625	625	degrees 05 minutes 26 seconds East, a distance of 50.00 feet to the
626	626	Point of Beginning and containing 0.0861 acre of land.
627	627	TRACT 2:
628	628	Being a tract of land containing 48.454 acres, located in the
629	629	Richard and Robert Vince Survey, Abstract-76 in Harris County,
630	630	Texas; said 48.454 acres being all of Tract 1, called 19.979 acres,
631	631	all of Tract 2, called 16.581 acres, both described in the Special
632	632	Warranty Deed recorded in the name of James H. Glanville, Trustee,
633	633	in Harris County Clerk's File (H.C.C.F.) Number Y868202 and a
634	634	portion of a called 17.552 acre tract described in the Special
635	635	Warranty Deed recorded in the name of James H. Glanville, Trustee,
636	636	in H.C.C.F. Number U550209; said 48.454 acre tract being more
637	637	particularly described by metes and bounds as follows (all bearings
638	638	are based on the Texas State Plane Coordinate System, South Central
639	639	Zone (NAD27), per said H.C.C.F. Number Y868202):
640	640	Beginning at a 5/8-inch iron rod found on the easterly
641	641	Right-Of-Way (R.O.W.) line of Penn City Road (66 feet wide), being
642	642	the northwest corner of said 16.581 acre tract and being the most
643	643	westerly southwest corner of the remainder of a called 384.581 acre
644	644	tract recorded in Special Warranty Deed with Vendor's Lien to Port
645	645	At Greens Bayou, Ltd., in H.C.C.F. Number Z264553;
646	646	Thence, along the north line of said 16.581 acre tract, being
647	647	a south line of said 384.581 acre tract, North 86 degrees 45 minutes
648	648	18 seconds East, a distance of 477.73 feet to a 5/8-inch iron rod
649	649	found for an inner corner of said 384.581 acre tract, being the
650	650	northeast corner of said 16.581 acre tract and the herein described
651	651	tract;
652	652	Thence, along the easterly line of said 16.581 acre tract and
653	653	a westerly line of said 384.581 acre tract, South 03 degrees 14
654	654	minutes 42 seconds East, passing at 1868.53 feet a 5/8-inch iron rod
655	655	found for reference, continuing for a total distance of 2128.53
656	656	feet to a point for the southeast corner of said 16.581 acre tract
657	657	and the most southerly southwest corner of said 384.581 acre tract,
658	658	being located in the waters of the Houston Ship Channel;
659	659	Thence, along the southerly line of said 16.581 acre tract,
660	660	350.61 feet along the arc of a non-tangent curve to the right having
661	661	a central angle of 03 degrees 52 minutes 28 seconds, a radius of
662	662	5184.83 feet and a chord that bears North 62 degrees 05 minutes 32
663	663	seconds West, a distance of 350.54 feet to a 5/8-inch iron rod found
664	664	for the southwest corner of said 16.581 acre tract, on the easterly
665	665	line of aforementioned 19.979 acre tract;
666	666	Thence, along the easterly line of said 19.979 acre tract,
667	667	South 03 degrees 14 minutes 42 seconds East, a distance of 295.57
668	668	feet to a point located in the waters of the Houston Ship Channel
669	669	for the southeast corner of said 19.979 acre tract;
670	670	Thence, along the southerly lines of said 19.979 acre tract
671	671	and aforesaid 17.552 acre tract (being located in the waters of the
672	672	Houston Ship Channel), the following three (3) courses:
673	673	1. North 58 degrees 42 minutes 06 seconds West, a distance
674	674	of 342.89 feet;
675	675	2. North 29 degrees 11 minutes 00 seconds West, passing at a
676	676	distance of 868.45 feet a point for the most westerly southwest
677	677	corner of said 19.979 acre tract, being the most southerly
678	678	southeast corner of said 17.552 acre tract, continuing in all a
679	679	distance of 936.81 feet;
680	680	3. North 55 degrees 41 minutes 57 seconds West, a distance
681	681	of 631.24 feet to the southwest corner of said 17.552 acre tract and
682	682	the most southerly southeast corner of a called 38.64 acre tract
683	683	described in the General Warranty Deed recorded in the name of The
684	684	Port of Houston Authority in H.C.C.F. Number M567481;
685	685	Thence, along a west line of said 17.552 acre tract, North 03
686	686	degrees 19 minutes 04 seconds West, a distance of 570.00 feet to a
687	687	point (located in the waters of the Houston Ship Channel) for the
688	688	southwest corner of a called 5.659 acre tract described in the
689	689	General Warranty Deed recorded in the name of Ballard Exploration
690	690	Company, Inc., in H.C.C.F. No. U550210, being the northwest corner
691	691	of the herein described tract;
692	692	Thence, along the southerly lines of said 5.659 acre tract,
693	693	the following three (3) courses:
694	694	1. North 86 degrees 40 minutes 56 seconds East, a distance
695	695	of 590.00 feet to a 5/8-inch iron rod found;
696	696	2. South 03 degrees 19 minutes 04 seconds East, a distance
697	697	of 25.00 feet to a 5/8-inch iron rod set, from which a 5/8-inch iron
698	698	rod found bears South 07 degrees 30 minutes West, 0.8 feet;
699	699	3. North 86 degrees 40 minutes 56 seconds East, a distance
700	700	of 360.00 feet to a 5/8-inch iron rod found on the westerly R.O.W.
701	701	line of aforesaid Penn City Road, being the southeast corner of said
702	702	5.659 acre tract and an interior corner of the herein described
703	703	tract;
704	704	Thence, with the westerly R.O.W. line of said Penn City Road,
705	705	South 03 degrees 19 minutes 04 seconds East, passing at a distance
706	706	of 175.64 feet a 5/8-inch iron rod found at the most northerly
707	707	northeast corner of aforesaid 19.979 acre tract and continuing in
708	708	all a distance of 225.31 feet to a 5/8-inch iron rod found for an
709	709	interior corner of said 19.979 acre tract and the herein described
710	710	tract;
711	711	Thence, with the southerly R.O.W. line of said Penn City
712	712	Road, South 55 degrees 08 minutes 42 seconds East, a distance of
713	713	83.95 feet to a 5/8-inch iron rod set for the southeast corner of
714	714	said Penn City Road, said point being on the westerly line of
715	715	aforementioned 16.581 acre tract;
716	716	Thence, along the easterly R.O.W. line of said Penn City Road
717	717	and the westerly line of said 16.581 acre tract, North 03 degrees 19
718	718	minutes 04 seconds West, a distance of 552.12 feet to the Point of
719	719	Beginning and containing 48.454 acres of land.
720	720	SECTION 3. (a) The legal notice of the intention to
721	721	introduce this Act, setting forth the general substance of this
722	722	Act, has been published as provided by law, and the notice and a
723	723	copy of this Act have been furnished to all persons, agencies,
724	724	officials, or entities to which they are required to be furnished
725	725	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
726	726	Government Code.
727	727	(b) The governor, one of the required recipients, has
728	728	submitted the notice and Act to the Texas Commission on
729	729	Environmental Quality.
730	730	(c) The Texas Commission on Environmental Quality has filed
731	731	its recommendations relating to this Act with the governor,
732	732	lieutenant governor, and speaker of the house of representatives
733	733	within the required time.
734	734	(d) The general law relating to consent by political
735	735	subdivisions to the creation of districts with conservation,
736	736	reclamation, and road powers and the inclusion of land in those
737	737	districts has been complied with.
738	738	(e) All requirements of the constitution and laws of this
739	739	state and the rules and procedures of the legislature with respect
740	740	to the notice, introduction, and passage of this Act have been
741	741	fulfilled and accomplished.
742	742	SECTION 4. This Act takes effect immediately if it receives
743	743	a vote of two-thirds of all the members elected to each house, as
744	744	provided by Section 39, Article III, Texas Constitution. If this
745	745	Act does not receive the vote necessary for immediate effect, this
746	746	Act takes effect September 1, 2009.
747	747	______________________________ ______________________________
748	748	President of the Senate Speaker of the House
749	749	I hereby certify that S.B. No. 2531 passed the Senate on
750	750	May 7, 2009, by the following vote: Yeas 31, Nays 0.
751	751	______________________________
752	752	Secretary of the Senate
753	753	I hereby certify that S.B. No. 2531 passed the House on
754	754	May 25, 2009, by the following vote: Yeas 142, Nays 0, two
755	755	present not voting.
756	756	______________________________
757	757	Chief Clerk of the House
758	758	Approved:
759	759	______________________________
760	760	Date
761	761	______________________________
762	762	Governor