Texas 2011 - 82nd Regular

Texas House Bill HB3810 Compare Versions

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1	1	82R19225 TJB-F
2	2	By: Fletcher H.B. No. 3810
3	3	Substitute the following for H.B. No. 3810:
4	4	By: Dutton C.S.H.B. No. 3810
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of Harris County Improvement District No.
10	10	22; providing authority to levy an assessment, impose a tax, and
11	11	issue bonds.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle C, Title 4, Special District Local Laws
14	14	Code, is amended by adding Chapter 3904 to read as follows:
15	15	CHAPTER 3904. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 22
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 3904.001. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "City" means the City of Houston.
20	20	(3) "County" means Harris County.
21	21	(4) "Director" means a board member.
22	22	(5) "District" means the Harris County Improvement
23	23	District No. 22.
24	24	Sec. 3904.002. NATURE OF DISTRICT. The Harris County
25	25	Improvement District No. 22 is a special district created under
26	26	Section 59, Article XVI, Texas Constitution.
27	27	Sec. 3904.003. PURPOSE; DECLARATION OF INTENT. (a) The
28	28	creation of the district is essential to accomplish the purposes of
29	29	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
30	30	Texas Constitution, and other public purposes stated in this
31	31	chapter. By creating the district and in authorizing the city, the
32	32	county, and other political subdivisions to contract with the
33	33	district, the legislature has established a program to accomplish
34	34	the public purposes set out in Section 52-a, Article III, Texas
35	35	Constitution.
36	36	(b) The creation of the district is necessary to promote,
37	37	develop, encourage, and maintain employment, commerce,
38	38	transportation, housing, tourism, recreation, the arts,
39	39	entertainment, economic development, safety, and the public
40	40	welfare in the district.
41	41	(c) This chapter and the creation of the district may not be
42	42	interpreted to relieve the city or the county from providing the
43	43	level of services provided as of the effective date of the Act
44	44	enacting this chapter to the area in the district. The district is
45	45	created to supplement and not to supplant city or county services
46	46	provided in the district.
47	47	Sec. 3904.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
48	48	The district is created to serve a public use and benefit.
49	49	(b) All land and other property included in the district
50	50	will benefit from the improvements and services to be provided by
51	51	the district under powers conferred by Sections 52 and 52-a,
52	52	Article III, and Section 59, Article XVI, Texas Constitution, and
53	53	other powers granted under this chapter.
54	54	(c) The creation of the district is in the public interest
55	55	and is essential to further the public purposes of:
56	56	(1) developing and diversifying the economy of the
57	57	state;
58	58	(2) eliminating unemployment and underemployment; and
59	59	(3) developing or expanding transportation and
60	60	commerce.
61	61	(d) The district will:
62	62	(1) promote the health, safety, and general welfare of
63	63	residents, employers, potential employees, employees, visitors,
64	64	and consumers in the district, and of the public;
65	65	(2) provide needed funding for the district to
66	66	preserve, maintain, and enhance the economic health and vitality of
67	67	the district territory as a community and business center;
68	68	(3) promote the health, safety, welfare, and enjoyment
69	69	of the public by providing pedestrian ways and by landscaping and
70	70	developing certain areas in the district, which are necessary for
71	71	the restoration, preservation, and enhancement of scenic beauty;
72	72	and
73	73	(4) provide for water, wastewater, drainage, road, and
74	74	recreational facilities for the district.
75	75	(e) Pedestrian ways along or across a street, whether at
76	76	grade or above or below the surface, and street lighting, street
77	77	landscaping, parking, and street art objects are parts of and
78	78	necessary components of a street and are considered to be a street
79	79	or road improvement.
80	80	(f) The district will not act as the agent or
81	81	instrumentality of any private interest even though the district
82	82	will benefit many private interests as well as the public.
83	83	Sec. 3904.005. INITIAL DISTRICT TERRITORY. (a) The
84	84	district is initially composed of the territory described by
85	85	Section 2 of the Act enacting this chapter.
86	86	(b) The boundaries and field notes contained in Section 2 of
87	87	the Act enacting this chapter form a closure. A mistake in the
88	88	field notes or in copying the field notes in the legislative process
89	89	does not affect the district's:
90	90	(1) organization, existence, or validity;
91	91	(2) right to issue any type of bond for the purposes
92	92	for which the district is created or to pay the principal of and
93	93	interest on the bond;
94	94	(3) right to impose or collect an assessment or tax; or
95	95	(4) legality or operation.
96	96	Sec. 3904.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
97	97	All or any part of the area of the district is eligible to be
98	98	included in:
99	99	(1) a tax increment reinvestment zone created under
100	100	Chapter 311, Tax Code;
101	101	(2) a tax abatement reinvestment zone created under
102	102	Chapter 312, Tax Code;
103	103	(3) an enterprise zone created under Chapter 2303,
104	104	Government Code; or
105	105	(4) an industrial district created under Chapter 42,
106	106	Local Government Code.
107	107	Sec. 3904.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
108	108	DISTRICTS LAW. Except as otherwise provided by this chapter,
109	109	Chapter 375, Local Government Code, applies to the district.
110	110	Sec. 3904.008. CONSTRUCTION OF CHAPTER. This chapter shall
111	111	be liberally construed in conformity with the findings and purposes
112	112	stated in this chapter.
113	113	[Sections 3904.009-3904.050 reserved for expansion]
114	114	SUBCHAPTER B. BOARD OF DIRECTORS
115	115	Sec. 3904.051. GOVERNING BODY; TERMS. (a) The district is
116	116	governed by a board of five voting directors who serve staggered
117	117	terms of four years, with two or three directors' terms expiring
118	118	June 1 of each odd-numbered year.
119	119	(b) The board by resolution may change the number of voting
120	120	directors on the board if the board determines that the change is in
121	121	the best interest of the district. The board may not consist of
122	122	fewer than 5 or more than 15 voting directors.
123	123	Sec. 3904.052. APPOINTMENT OF VOTING DIRECTORS. The Texas
124	124	Commission on Environmental Quality shall appoint voting directors
125	125	from persons recommended by the board.
126	126	Sec. 3904.053. INITIAL VOTING DIRECTORS. (a) The initial
127	127	board consists of the following voting directors:
128	128	Pos. No. Name of Director Pos. No. Name of Director
129	129	Pos. No. Name of Director
130	130	1 Brian Burks 1 Brian Burks
131	131	1 Brian Burks
132	132	2 David Kayle 2 David Kayle
133	133	2 David Kayle
134	134	3 Lisa Chahin 3 Lisa Chahin
135	135	3 Lisa Chahin
136	136	4 Steve Tennis 4 Steve Tennis
137	137	4 Steve Tennis
138	138	5 Jonathon St. Romain 5 Jonathon St. Romain
139	139	5 Jonathon St. Romain
140	140	(b) Of the initial directors, the terms of directors
141	141	appointed for positions one through three expire June 1, 2013, and
142	142	the terms of directors appointed for positions four and five expire
143	143	June 1, 2015.
144	144	(c) Section 3904.052 does not apply to this section.
145	145	(d) This section expires September 1, 2016.
146	146	Sec. 3904.054. NONVOTING DIRECTORS. The board may appoint
147	147	nonvoting directors to serve at the pleasure of the voting
148	148	directors.
149	149	Sec. 3904.055. QUORUM. For purposes of determining the
150	150	requirements for a quorum of the board, the following are not
151	151	counted:
152	152	(1) a board position vacant for any reason, including
153	153	death, resignation, or disqualification;
154	154	(2) a director who is abstaining from participation in
155	155	a vote because of a conflict of interest; or
156	156	(3) a nonvoting director.
157	157	Sec. 3904.056. COMPENSATION. A director is entitled to
158	158	receive fees of office and reimbursement for actual expenses as
159	159	provided by Section 49.060, Water Code. Sections 375.069 and
160	160	375.070, Local Government Code, do not apply to the board.
161	161	[Sections 3904.057-3904.100 reserved for expansion]
162	162	SUBCHAPTER C. POWERS AND DUTIES
163	163	Sec. 3904.101. GENERAL POWERS AND DUTIES. The district has
164	164	the powers and duties necessary to accomplish the purposes for
165	165	which the district is created.
166	166	Sec. 3904.102. IMPROVEMENT PROJECTS AND SERVICES. The
167	167	district may provide, design, construct, acquire, improve,
168	168	relocate, operate, maintain, or finance an improvement project or
169	169	service using money available to the district, or contract with a
170	170	governmental or private entity to provide, design, construct,
171	171	acquire, improve, relocate, operate, maintain, or finance an
172	172	improvement or service authorized under this chapter or Chapter
173	173	375, Local Government Code.
174	174	Sec. 3904.103. DEVELOPMENT CORPORATION POWERS. The
175	175	district, using money available to the district, may exercise the
176	176	powers given to a development corporation under Chapter 505, Local
177	177	Government Code, including the power to own, operate, acquire,
178	178	construct, lease, improve, or maintain a project under that
179	179	chapter.
180	180	Sec. 3904.104. NONPROFIT CORPORATION. (a) The board by
181	181	resolution may authorize the creation of a nonprofit corporation to
182	182	assist and act for the district in implementing a project or
183	183	providing a service authorized by this chapter.
184	184	(b) The nonprofit corporation:
185	185	(1) has each power of and is considered to be a local
186	186	government corporation created under Subchapter D, Chapter 431,
187	187	Transportation Code; and
188	188	(2) may implement any project and provide any service
189	189	authorized by this chapter.
190	190	(c) The board shall appoint the board of directors of the
191	191	nonprofit corporation. The board of directors of the nonprofit
192	192	corporation shall serve in the same manner as the board of directors
193	193	of a local government corporation created under Subchapter D,
194	194	Chapter 431, Transportation Code, except that a board member is not
195	195	required to reside in the district.
196	196	Sec. 3904.105. AGREEMENTS; GRANTS. (a) As provided by
197	197	Chapter 375, Local Government Code, the district may make an
198	198	agreement with or accept a gift, grant, or loan from any person.
199	199	(b) The implementation of a project is a governmental
200	200	function or service for the purposes of Chapter 791, Government
201	201	Code.
202	202	Sec. 3904.106. LAW ENFORCEMENT SERVICES. To protect the
203	203	public interest, the district may contract with a qualified party,
204	204	including the county or the city, to provide law enforcement
205	205	services in the district for a fee.
206	206	Sec. 3904.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
207	207	district may join and pay dues to a charitable or nonprofit
208	208	organization that performs a service or provides an activity
209	209	consistent with the furtherance of a district purpose.
210	210	Sec. 3904.108. ECONOMIC DEVELOPMENT. (a) The district may
211	211	engage in activities that accomplish the economic development
212	212	purposes of the district.
213	213	(b) The district may establish and provide for the
214	214	administration of one or more programs to promote state or local
215	215	economic development and to stimulate business and commercial
216	216	activity in the district, including programs to:
217	217	(1) make loans and grants of public money; and
218	218	(2) provide district personnel and services.
219	219	(c) The district may create economic development programs
220	220	and exercise the economic development powers provided to
221	221	municipalities by:
222	222	(1) Chapter 380, Local Government Code; and
223	223	(2) Subchapter A, Chapter 1509, Government Code.
224	224	Sec. 3904.109. PARKING FACILITIES. (a) The district may
225	225	acquire, lease as lessor or lessee, construct, develop, own,
226	226	operate, and maintain parking facilities or a system of parking
227	227	facilities, including lots, garages, parking terminals, or other
228	228	structures or accommodations for parking motor vehicles off the
229	229	streets and related appurtenances.
230	230	(b) The district's parking facilities serve the public
231	231	purposes of the district and are owned, used, and held for a public
232	232	purpose even if leased or operated by a private entity for a term of
233	233	years.
234	234	(c) The district's parking facilities are necessary
235	235	components of a street and are considered to be a street or road
236	236	improvement.
237	237	(d) The development and operation of the district's parking
238	238	facilities may be considered an economic development program.
239	239	Sec. 3904.110. 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	Sec. 3904.111. STRATEGIC PARTNERSHIP AGREEMENT. The
246	246	district may negotiate and enter into a written strategic
247	247	partnership under Section 43.0751, Local Government Code, with a
248	248	municipality in whose extraterritorial jurisdiction the district
249	249	is located.
250	250	Sec. 3904.112. NO EMINENT DOMAIN POWER. The district may
251	251	not exercise the power of eminent domain.
252	252	[Sections 3904.113-3904.150 reserved for expansion]
253	253	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
254	254	Sec. 3904.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
255	255	board by resolution shall establish the number of directors'
256	256	signatures and the procedure required for a disbursement or
257	257	transfer of district money.
258	258	Sec. 3904.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
259	259	The district may acquire, construct, finance, operate, or maintain
260	260	any improvement or service authorized under this chapter or Chapter
261	261	375, Local Government Code, using any money available to the
262	262	district.
263	263	Sec. 3904.153. PETITION REQUIRED FOR FINANCING SERVICES AND
264	264	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
265	265	service or improvement project with assessments under this chapter
266	266	unless a written petition requesting that service or improvement
267	267	has been filed with the board.
268	268	(b) A petition filed under Subsection (a) must be signed by
269	269	the owners of a majority of the assessed value of real property in
270	270	the district subject to assessment according to the most recent
271	271	certified tax appraisal roll for the county.
272	272	Sec. 3904.154. METHOD OF NOTICE FOR HEARING. The district
273	273	may mail the notice required by Section 375.115(c), Local
274	274	Government Code, by certified or first class United States mail.
275	275	The board shall determine the method of notice.
276	276	Sec. 3904.155. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
277	277	The board by resolution may impose and collect an assessment for any
278	278	purpose authorized by this chapter in all or part of the district.
279	279	(b) An assessment, a reassessment, or an assessment
280	280	resulting from an addition to or correction of the assessment roll
281	281	by the district, penalties and interest on an assessment or
282	282	reassessment, an expense of collection, and reasonable attorney's
283	283	fees incurred by the district:
284	284	(1) are a first and prior lien against the property
285	285	assessed;
286	286	(2) are superior to any other lien or claim other than
287	287	a lien or claim for county, school district, or municipal ad valorem
288	288	taxes; and
289	289	(3) are the personal liability of and a charge against
290	290	the owners of the property even if the owners are not named in the
291	291	assessment proceedings.
292	292	(c) The lien is effective from the date of the board's
293	293	resolution imposing the assessment until the date the assessment is
294	294	paid. The board may enforce the lien in the same manner that the
295	295	board may enforce an ad valorem tax lien against real property.
296	296	(d) The board may make a correction to or deletion from the
297	297	assessment roll that does not increase the amount of assessment of
298	298	any parcel of land without providing notice and holding a hearing in
299	299	the manner required for additional assessments.
300	300	Sec. 3904.156. RESIDENTIAL PROPERTY NOT EXEMPT. Section
301	301	375.161, Local Government Code, does not apply to a tax approved by
302	302	the district voters or a required payment for service provided by
303	303	the district, including water and sewer services.
304	304	Sec. 3904.157. COMPETITIVE BIDDING. Subchapter I, Chapter
305	305	49, Water Code, applies to the district. Sections 375.221 and
306	306	375.223, Local Government Code, do not apply to the district.
307	307	Sec. 3904.158. TAX AND ASSESSMENT ABATEMENTS. The district
308	308	may designate reinvestment zones and may grant abatements of a tax
309	309	or assessment on property in the zones.
310	310	[Sections 3904.159-3904.200 reserved for expansion]
311	311	SUBCHAPTER E. TAXES AND BONDS
312	312	Sec. 3904.201. ELECTIONS REGARDING TAXES AND BONDS. (a)
313	313	The district may issue, without an election, bonds, notes, and
314	314	other obligations secured by:
315	315	(1) revenue other than ad valorem taxes; or
316	316	(2) contract payments described by Section 3904.203.
317	317	(b) The district must hold an election in the manner
318	318	provided by Subchapter L, Chapter 375, Local Government Code, to
319	319	obtain voter approval before the district may impose an ad valorem
320	320	tax or issue bonds payable from ad valorem taxes.
321	321	(c) Section 375.243, Local Government Code, does not apply
322	322	to the district.
323	323	(d) All or any part of any facilities or improvements that
324	324	may be acquired by a district by the issuance of its bonds may be
325	325	submitted as a single proposition or as several propositions to be
326	326	voted on at the election.
327	327	Sec. 3904.202. OPERATION AND MAINTENANCE TAX. (a) If
328	328	authorized by a majority of the district voters voting at an
329	329	election held in accordance with Section 3904.201, the district may
330	330	impose an operation and maintenance tax on taxable property in the
331	331	district in accordance with Section 49.107, Water Code, for any
332	332	district purpose, including to:
333	333	(1) maintain and operate the district;
334	334	(2) construct or acquire improvements; or
335	335	(3) provide a service.
336	336	(b) The board shall determine the tax rate. The rate may not
337	337	exceed the rate approved at the election.
338	338	(c) Section 49.107(h), Water Code, does not apply to the
339	339	district.
340	340	Sec. 3904.203. CONTRACT TAXES. (a) In accordance with
341	341	Section 49.108, Water Code, the district may impose a tax other than
342	342	an operation and maintenance tax and use the revenue derived from
343	343	the tax to make payments under a contract after the provisions of
344	344	the contract have been approved by a majority of the district voters
345	345	voting at an election held for that purpose.
346	346	(b) A contract approved by the district voters may contain a
347	347	provision stating that the contract may be modified or amended by
348	348	the board without further voter approval.
349	349	Sec. 3904.204. AUTHORITY TO BORROW MONEY AND TO ISSUE
350	350	BONDS. (a) The district may borrow money on terms determined by
351	351	the board. Section 375.205, Local Government Code, does not apply
352	352	to a loan, line of credit, or other borrowing from a bank or
353	353	financial institution secured by revenue other than ad valorem
354	354	taxes.
355	355	(b) The district may issue bonds, notes, or other
356	356	obligations payable wholly or partly from ad valorem taxes,
357	357	assessments, impact fees, revenue, contract payments, grants, or
358	358	other district money, or any combination of those sources of money,
359	359	to pay for any authorized district purpose.
360	360	Sec. 3904.205. TAXES FOR BONDS. At the time the district
361	361	issues bonds payable wholly or partly from ad valorem taxes, the
362	362	board shall provide for the annual imposition of a continuing
363	363	direct annual ad valorem tax, without limit as to rate or amount,
364	364	for each year that all or part of the bonds are outstanding as
365	365	required and in the manner provided by Sections 54.601 and 54.602,
366	366	Water Code.
367	367	Sec. 3904.206. BONDS FOR RECREATIONAL FACILITIES. The
368	368	limitation on the outstanding principal amount of bonds, notes, and
369	369	other obligations provided by Section 49.4645, Water Code, does not
370	370	apply to the district.
371	371	[Sections 3904.207-3904.250 reserved for expansion]
372	372	SUBCHAPTER F. DEFINED AREAS
373	373	Sec. 3904.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR
374	374	DESIGNATED PROPERTY. The district may define areas or designate
375	375	certain property of the district to pay for improvements,
376	376	facilities, or services that primarily benefit that area or
377	377	property and do not generally and directly benefit the district as a
378	378	whole.
379	379	Sec. 3904.252. PROCEDURE FOR ELECTION. (a) Before the
380	380	district may impose an ad valorem tax or issue bonds payable from ad
381	381	valorem taxes of the area defined or property designated under
382	382	Section 3904.251, the board shall call and hold an election in the
383	383	defined area or within the boundaries of the designated property
384	384	only.
385	385	(b) The board may submit the proposition to the voters on
386	386	the same ballot to be used in another election.
387	387	Sec. 3904.253. DECLARING RESULT AND ISSUING ORDER. (a) If
388	388	a majority of the voters voting at the election approve the
389	389	proposition or propositions, the board shall declare the results
390	390	and, by order, shall establish the defined area and describe it by
391	391	metes and bounds or designate the specific property.
392	392	(b) The board's order is not subject to judicial review.
393	393	Sec. 3904.254. TAXES FOR SERVICES, IMPROVEMENTS, AND
394	394	FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
395	395	approval and adoption of the order described by Section 3904.253,
396	396	the district may apply separately, differently, equitably, and
397	397	specifically its taxing power and lien authority to the defined
398	398	area or designated property to provide money to construct,
399	399	administer, maintain, and operate services, improvements, and
400	400	facilities that primarily benefit the defined area or designated
401	401	property.
402	402	Sec. 3904.255. ISSUANCE OF BONDS FOR DEFINED AREAS OR
403	403	DESIGNATED PROPERTY. After the order under Section 3904.253 is
404	404	adopted, the district may issue bonds to provide for any land,
405	405	improvements, facilities, plants, equipment, and appliances for
406	406	the defined area or designated property.
407	407	[Sections 3904.256-3904.300 reserved for expansion]
408	408	SUBCHAPTER G. MUNICIPAL ANNEXATION AND DISSOLUTION
409	409	Sec. 3904.301. MUNICIPAL ANNEXATION; DISSOLUTION. (a) The
410	410	district is a "water or sewer district" under Section 43.071, Local
411	411	Government Code.
412	412	(b) Section 43.075, Local Government Code, applies to the
413	413	district.
414	414	(c) Section 375.264, Local Government Code, does not apply
415	415	to the dissolution of the district by a municipality.
416	416	SECTION 2. Harris County Improvement District No. 22
417	417	initially includes all territory contained in the following area:
418	418	A FIELD NOTE DESCRIPTION of 82.7881 acres (3,606,248 square
419	419	feet) of land in the William Perkins Survey, Abstract No. 621, in
420	420	the T. A. Duclos Survey, Abstract No. 1473 and in the C. W. Hall
421	421	Survey, Abstract No. 1639, Harris County, Texas; said 82.7881 acre
422	422	tract of land being part of a 24.9205 acre tract of land described
423	423	as "Tract 1", being part of a 59.7996 acre tract of land described
424	424	as "Tract 2", conveyed to A-K Texas Venture Capital, L.C., as
425	425	recorded under Harris County Clerk's File No. P577137, being all of
426	426	Proposed Grand Parkway (width varies) as recorded in Harris County
427	427	Clerk's File Nos. L091863 and T419832, being all of Lot 1, conveyed
428	428	to John H. Walker, Jr., as recorded under Harris County Clerk's File
429	429	No. U083376, being all of Lot 3, conveyed to Jack Hall, as recorded
430	430	under Harris County Clerk's File No. U083379, being all of Lot 4,
431	431	conveyed to Margaret Gallagher, as recorded under Harris County
432	432	Clerk's File No. U083382 and being all of Lot 5, conveyed to Robert
433	433	Conwell, as recorded under Harris County Clerk's File No. U083385;
434	434	said tract being more particularly described by metes and bounds as
435	435	follows with the bearings being based on the easterly right-of-way
436	436	line of Boudreaux Road (60 feet wide), as recorded under Harris
437	437	County Clerk's File No. P577137, the bearing being North 02° 41' 05"
438	438	West:
439	439	COMMENCING FOR REFERENCE at a 5/8-inch iron rod with cap set
440	440	at the intersection of the south right-of-way line of said
441	441	Boudreaux Road with the east line of said Boudreaux Road for the
442	442	northwest corner of a 14.8700 acre tract of land conveyed to Greater
443	443	Life Church, as recorded under Harris County Clerk's File No.
444	444	P747894;
445	445	THENCE, North 87° 37' 18" East - 600.21 feet with the north
446	446	line of said 14.8700 acre tract and with the south right-of-way line
447	447	of Boudreaux Road to a 5/8-inch iron rod with cap set for the
448	448	northwest corner and POINT OF BEGINNING of this tract;
449	449	THENCE, North 87° 37' 18" East - 552.95 feet with the south
450	450	right-of-way line of said Boudreaux Road to a 5/8-inch iron rod with
451	451	cap set for the northwest end of a cutback corner at the
452	452	intersection of the south right-of-way line of said Boudreaux Road
453	453	with the west right-of-way line of State Highway 249 (right-of-way
454	454	width varies) for an angle point of this tract;
455	455	THENCE, South 58° 59' 02" East - 40.31 feet with said cutback
456	456	to a 5/8-inch iron rod with cap set in the west right-of-way line of
457	457	said State Highway No. 249 for an angle point of this tract;
458	458	THENCE, South 18° 19' 22" East - 367.55 feet with the west
459	459	right-of-way line of said State Highway 249 to a 5/8-inch iron rod
460	460	found for the beginning of a non-tangent curve to the left;
461	461	THENCE, in a southerly direction with the west right-of-way
462	462	line of said State Highway 249 and with a curve to the left having a
463	463	radius of 5,940.58 feet, a central angle of 08° 30' 26", a length of
464	464	882.05 feet and a chord bearing South 22° 37' 15" East - 881.24 feet
465	465	to a 5/8-inch iron rod with cap set for a
466	466	point-of-reverse-curvature;
467	467	THENCE, in a southerly direction with the west right-of-way
468	468	line of said State Highway 249 and with said curve to the right
469	469	having a radius of 1,379.00 feet, a central angle of 04° 10' 43", a
470	470	length of 100.57 feet and a chord bearing South 24° 35' 34" East -
471	471	100.55 feet to a 5/8-inch iron rod with cap set for a
472	472	point-of-non-tangency;
473	473	THENCE, South 22° 42' 55" East - 154.41 feet with the west
474	474	right-of-way line of said State Highway 249 to a Texas Department of
475	475	Transportation Monument Disk found for a point-of-curvature;
476	476	THENCE, in a southeasterly direction with the west
477	477	right-of-way line of said State Highway 249 and with a curve to left
478	478	having a radius of 1,512.00 feet, a central angle of 12° 29' 50", a
479	479	length of 329.80 feet and a chord bearing South 28° 57' 50" East -
480	480	329.14 feet to a Texas Department of Transportation Monument Disk
481	481	found for a point-of-non-tangency;
482	482	THENCE, South 35° 11' 04" East - 395.67 feet with the west
483	483	right-of-way line of said State Highway 249 to a Texas Department of
484	484	Transportation Monument Disk found for the north end of a cutback at
485	485	the intersection of the west right-of-way line of said State
486	486	Highway 249 with the north right-of-way line of Proposed Boudreaux
487	487	Road (100 feet wide), as recorded under Harris County Clerk's File
488	488	No. D900150 for a southeast corner of this tract;
489	489	THENCE, South 08° 41' 12" West - 53.94 feet with said cutback
490	490	to a Texas Department of Transportation Monument Disk found for a
491	491	south corner of this tract;
492	492	THENCE, South 58° 20' 27" West - 791.84 feet with the
493	493	northwest right-of-way line of said Proposed Boudreaux Road to a
494	494	5/8-inch iron rod found for the beginning of a non-tangent curve to
495	495	the right;
496	496	THENCE, in a westerly direction with the north right-of-way
497	497	line of said Proposed Boudreaux Road and with said curve to the
498	498	right having a radius of 2,750.00 feet, a central angle of 28° 57'
499	499	23", a length of 1,389.80 feet and a chord bearing South 72° 52' 14"
500	500	West - 1,375.06 feet to a 5/8-inch iron rod found at the
501	501	intersection of the north right-of-way line of said Proposed
502	502	Boudreaux Road with the east right-of-way line of said Boudreaux
503	503	Road for the southwest corner of this tract;
504	504	THENCE, North 02° 41' 05" West - 1,579.90 feet with the east
505	505	right-of-way line of said Boudreaux Road to a 5/8-inch iron rod
506	506	found for the southwest corner of said 14.8700 acre tract and for a
507	507	northwest corner of this tract;
508	508	THENCE, North 52° 05' 02" East - 418.86 feet with the
509	509	northwest right-of-way line of said Proposed Grand Parkway and with
510	510	the southeast line of said 14.8700 acre tract to a 5/8-inch iron rod
511	511	found for the southeast corner of said 14.8700 acre tract, with the
512	512	southwest corner of said "Tract 1" and with an interior corner of
513	513	this tract;
514	514	THENCE, North 01° 53' 02" West - 887.65 feet with the east line
515	515	of said 14.8700 acre tract and with the west line of said "Tract 1"
516	516	to the POINT OF BEGINNING and containing 82.7881 acres (3,606,248
517	517	square feet) of land.
518	518	SECTION 3. (a) The legal notice of the intention to
519	519	introduce this Act, setting forth the general substance of this
520	520	Act, has been published as provided by law, and the notice and a
521	521	copy of this Act have been furnished to all persons, agencies,
522	522	officials, or entities to which they are required to be furnished
523	523	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
524	524	Government Code.
525	525	(b) The governor, one of the required recipients, has
526	526	submitted the notice and Act to the Texas Commission on
527	527	Environmental Quality.
528	528	(c) The Texas Commission on Environmental Quality has filed
529	529	its recommendations relating to this Act with the governor,
530	530	lieutenant governor, and speaker of the house of representatives
531	531	within the required time.
532	532	(d) The general law relating to consent by political
533	533	subdivisions to the creation of districts with conservation,
534	534	reclamation, and road powers and the inclusion of land in those
535	535	districts has been complied with.
536	536	(e) All requirements of the constitution and laws of this
537	537	state and the rules and procedures of the legislature with respect
538	538	to the notice, introduction, and passage of this Act have been
539	539	fulfilled and accomplished.
540	540	SECTION 4. This Act takes effect immediately if it receives
541	541	a vote of two-thirds of all the members elected to each house, as
542	542	provided by Section 39, Article III, Texas Constitution. If this
543	543	Act does not receive the vote necessary for immediate effect, this
544	544	Act takes effect September 1, 2011.
545	545
546	546	Pos. No. Name of Director
547	547
548	548	1 Brian Burks
549	549
550	550	2 David Kayle
551	551
552	552	3 Lisa Chahin
553	553
554	554	4 Steve Tennis
555	555
556	556	5 Jonathon St. Romain