Texas 2011 - 82nd Regular

Texas Senate Bill SB1882 Compare Versions

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1	1	By: Patrick S.B. No. 1882
2	2	(Fletcher)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of Harris County Improvement District No.
8	8	22; providing authority to levy an assessment, impose a tax, and
9	9	issue bonds.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 4, Special District Local Laws
12	12	Code, is amended by adding Chapter 3904 to read as follows:
13	13	CHAPTER 3904. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 22
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 3904.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "City" means the City of Houston.
18	18	(3) "County" means Harris County.
19	19	(4) "Director" means a board member.
20	20	(5) "District" means the Harris County Improvement
21	21	District No. 22.
22	22	Sec. 3904.002. NATURE OF DISTRICT. The Harris County
23	23	Improvement District No. 22 is a special district created under
24	24	Section 59, Article XVI, Texas Constitution.
25	25	Sec. 3904.003. PURPOSE; DECLARATION OF INTENT. (a) The
26	26	creation of the district is essential to accomplish the purposes of
27	27	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
28	28	Texas Constitution, and other public purposes stated in this
29	29	chapter. By creating the district and in authorizing the city, the
30	30	county, and other political subdivisions to contract with the
31	31	district, the legislature has established a program to accomplish
32	32	the public purposes set out in Section 52-a, Article III, Texas
33	33	Constitution.
34	34	(b) The creation of the district is necessary to promote,
35	35	develop, encourage, and maintain employment, commerce,
36	36	transportation, housing, tourism, recreation, the arts,
37	37	entertainment, economic development, safety, and the public
38	38	welfare in the district.
39	39	(c) This chapter and the creation of the district may not be
40	40	interpreted to relieve the city or the county from providing the
41	41	level of services provided as of the effective date of the Act
42	42	enacting this chapter to the area in the district. The district is
43	43	created to supplement and not to supplant city or county services
44	44	provided in the district.
45	45	Sec. 3904.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
46	46	(a) The district is created to serve a public use and benefit.
47	47	(b) All land and other property included in the district
48	48	will benefit from the improvements and services to be provided by
49	49	the district under powers conferred by Sections 52 and 52-a,
50	50	Article III, and Section 59, Article XVI, Texas Constitution, and
51	51	other powers granted under this chapter.
52	52	(c) The creation of the district is in the public interest
53	53	and is essential to further the public purposes of:
54	54	(1) developing and diversifying the economy of the
55	55	state;
56	56	(2) eliminating unemployment and underemployment; and
57	57	(3) developing or expanding transportation and
58	58	commerce.
59	59	(d) The district will:
60	60	(1) promote the health, safety, and general welfare of
61	61	residents, employers, potential employees, employees, visitors,
62	62	and consumers in the district, and of the public;
63	63	(2) provide needed funding for the district to
64	64	preserve, maintain, and enhance the economic health and vitality of
65	65	the district territory as a community and business center;
66	66	(3) promote the health, safety, welfare, and enjoyment
67	67	of the public by providing pedestrian ways and by landscaping and
68	68	developing certain areas in the district, which are necessary for
69	69	the restoration, preservation, and enhancement of scenic beauty;
70	70	and
71	71	(4) provide for water, wastewater, drainage, road, and
72	72	recreational facilities for the district.
73	73	(e) Pedestrian ways along or across a street, whether at
74	74	grade or above or below the surface, and street lighting, street
75	75	landscaping, parking, and street art objects are parts of and
76	76	necessary components of a street and are considered to be a street
77	77	or road improvement.
78	78	(f) The district will not act as the agent or
79	79	instrumentality of any private interest even though the district
80	80	will benefit many private interests as well as the public.
81	81	Sec. 3904.005. INITIAL DISTRICT TERRITORY. (a) The
82	82	district is initially composed of the territory described by
83	83	Section 2 of the Act enacting this chapter.
84	84	(b) The boundaries and field notes contained in Section 2 of
85	85	the Act enacting this chapter form a closure. A mistake in the
86	86	field notes or in copying the field notes in the legislative process
87	87	does not affect the district's:
88	88	(1) organization, existence, or validity;
89	89	(2) right to issue any type of bond for the purposes
90	90	for which the district is created or to pay the principal of and
91	91	interest on the bond;
92	92	(3) right to impose or collect an assessment or tax; or
93	93	(4) legality or operation.
94	94	Sec. 3904.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
95	95	All or any part of the area of the district is eligible to be
96	96	included in:
97	97	(1) a tax increment reinvestment zone created under
98	98	Chapter 311, Tax Code;
99	99	(2) a tax abatement reinvestment zone created under
100	100	Chapter 312, Tax Code;
101	101	(3) an enterprise zone created under Chapter 2303,
102	102	Government Code; or
103	103	(4) an industrial district created under Chapter 42,
104	104	Local Government Code.
105	105	Sec. 3904.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
106	106	DISTRICTS LAW. Except as otherwise provided by this chapter,
107	107	Chapter 375, Local Government Code, applies to the district.
108	108	Sec. 3904.008. CONSTRUCTION OF CHAPTER. This chapter shall
109	109	be liberally construed in conformity with the findings and purposes
110	110	stated in this chapter.
111	111	[Sections 3904.009-3904.050 reserved for expansion]
112	112	SUBCHAPTER B. BOARD OF DIRECTORS
113	113	Sec. 3904.051. GOVERNING BODY; TERMS. (a) The district is
114	114	governed by a board of five voting directors who serve staggered
115	115	terms of four years, with two or three directors' terms expiring
116	116	June 1 of each odd-numbered year.
117	117	(b) The board by resolution may change the number of voting
118	118	directors on the board if the board determines that the change is in
119	119	the best interest of the district. The board may not consist of
120	120	fewer than 5 or more than 15 voting directors.
121	121	Sec. 3904.052. APPOINTMENT OF VOTING DIRECTORS. The Texas
122	122	Commission on Environmental Quality shall appoint voting directors
123	123	from persons recommended by the board.
124	124	Sec. 3904.053. INITIAL VOTING DIRECTORS. (a) The initial
125	125	board consists of the following voting directors:
126	126	Pos. No. Name of Director Pos. No. Name of Director
127	127	Pos. No. Name of Director
128	128	1 Brian Burks 1 Brian Burks
129	129	1 Brian Burks
130	130	2 David Kayle 2 David Kayle
131	131	2 David Kayle
132	132	3 Lisa Chahin 3 Lisa Chahin
133	133	3 Lisa Chahin
134	134	4 Steve Tennis 4 Steve Tennis
135	135	4 Steve Tennis
136	136	5 Jonathon St. Romain 5 Jonathon St. Romain
137	137	5 Jonathon St. Romain
138	138	(b) Of the initial directors, the terms of directors
139	139	appointed for positions one through three expire June 1, 2013, and
140	140	the terms of directors appointed for positions four and five expire
141	141	June 1, 2015.
142	142	(c) Section 3904.052 does not apply to this section.
143	143	(d) This section expires September 1, 2016.
144	144	Sec. 3904.054. NONVOTING DIRECTORS. The board may appoint
145	145	nonvoting directors to serve at the pleasure of the voting
146	146	directors.
147	147	Sec. 3904.055. QUORUM. For purposes of determining the
148	148	requirements for a quorum of the board, the following are not
149	149	counted:
150	150	(1) a board position vacant for any reason, including
151	151	death, resignation, or disqualification;
152	152	(2) a director who is abstaining from participation in
153	153	a vote because of a conflict of interest; or
154	154	(3) a nonvoting director.
155	155	Sec. 3904.056. COMPENSATION. A director is entitled to
156	156	receive fees of office and reimbursement for actual expenses as
157	157	provided by Section 49.060, Water Code. Sections 375.069 and
158	158	375.070, Local Government Code, do not apply to the board.
159	159	[Sections 3904.057-3904.100 reserved for expansion]
160	160	SUBCHAPTER C. POWERS AND DUTIES
161	161	Sec. 3904.101. GENERAL POWERS AND DUTIES. The district has
162	162	the powers and duties necessary to accomplish the purposes for
163	163	which the district is created.
164	164	Sec. 3904.102. IMPROVEMENT PROJECTS AND SERVICES. The
165	165	district may provide, design, construct, acquire, improve,
166	166	relocate, operate, maintain, or finance an improvement project or
167	167	service using money available to the district, or contract with a
168	168	governmental or private entity to provide, design, construct,
169	169	acquire, improve, relocate, operate, maintain, or finance an
170	170	improvement or service authorized under this chapter or Chapter
171	171	375, Local Government Code.
172	172	Sec. 3904.103. DEVELOPMENT CORPORATION POWERS. The
173	173	district, using money available to the district, may exercise the
174	174	powers given to a development corporation under Chapter 505, Local
175	175	Government Code, including the power to own, operate, acquire,
176	176	construct, lease, improve, or maintain a project under that
177	177	chapter.
178	178	Sec. 3904.104. NONPROFIT CORPORATION. (a) The board by
179	179	resolution may authorize the creation of a nonprofit corporation to
180	180	assist and act for the district in implementing a project or
181	181	providing a service authorized by this chapter.
182	182	(b) The nonprofit corporation:
183	183	(1) has each power of and is considered to be a local
184	184	government corporation created under Subchapter D, Chapter 431,
185	185	Transportation Code; and
186	186	(2) may implement any project and provide any service
187	187	authorized by this chapter.
188	188	(c) The board shall appoint the board of directors of the
189	189	nonprofit corporation. The board of directors of the nonprofit
190	190	corporation shall serve in the same manner as the board of directors
191	191	of a local government corporation created under Subchapter D,
192	192	Chapter 431, Transportation Code, except that a board member is not
193	193	required to reside in the district.
194	194	Sec. 3904.105. AGREEMENTS; GRANTS. (a) As provided by
195	195	Chapter 375, Local Government Code, the district may make an
196	196	agreement with or accept a gift, grant, or loan from any person.
197	197	(b) The implementation of a project is a governmental
198	198	function or service for the purposes of Chapter 791, Government
199	199	Code.
200	200	Sec. 3904.106. LAW ENFORCEMENT SERVICES. To protect the
201	201	public interest, the district may contract with a qualified party,
202	202	including the county or the city, to provide law enforcement
203	203	services in the district for a fee.
204	204	Sec. 3904.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
205	205	district may join and pay dues to a charitable or nonprofit
206	206	organization that performs a service or provides an activity
207	207	consistent with the furtherance of a district purpose.
208	208	Sec. 3904.108. ECONOMIC DEVELOPMENT. (a) The district may
209	209	engage in activities that accomplish the economic development
210	210	purposes of the district.
211	211	(b) The district may establish and provide for the
212	212	administration of one or more programs to promote state or local
213	213	economic development and to stimulate business and commercial
214	214	activity in the district, including programs to:
215	215	(1) make loans and grants of public money; and
216	216	(2) provide district personnel and services.
217	217	(c) The district may create economic development programs
218	218	and exercise the economic development powers provided to
219	219	municipalities by:
220	220	(1) Chapter 380, Local Government Code; and
221	221	(2) Subchapter A, Chapter 1509, Government Code.
222	222	Sec. 3904.109. PARKING FACILITIES. (a) The district may
223	223	acquire, lease as lessor or lessee, construct, develop, own,
224	224	operate, and maintain parking facilities or a system of parking
225	225	facilities, including lots, garages, parking terminals, or other
226	226	structures or accommodations for parking motor vehicles off the
227	227	streets and related appurtenances.
228	228	(b) The district's parking facilities serve the public
229	229	purposes of the district and are owned, used, and held for a public
230	230	purpose even if leased or operated by a private entity for a term of
231	231	years.
232	232	(c) The district's parking facilities are necessary
233	233	components of a street and are considered to be a street or road
234	234	improvement.
235	235	(d) The development and operation of the district's parking
236	236	facilities may be considered an economic development program.
237	237	Sec. 3904.110. ANNEXATION OR EXCLUSION OF LAND. (a) The
238	238	district may annex land as provided by Subchapter J, Chapter 49,
239	239	Water Code.
240	240	(b) The district may exclude land as provided by Subchapter
241	241	J, Chapter 49, Water Code. Section 375.044(b), Local Government
242	242	Code, does not apply to the district.
243	243	Sec. 3904.111. STRATEGIC PARTNERSHIP AGREEMENT. The
244	244	district may negotiate and enter into a written strategic
245	245	partnership under Section 43.0751, Local Government Code, with a
246	246	municipality in whose extraterritorial jurisdiction the district
247	247	is located.
248	248	Sec. 3904.112. NO EMINENT DOMAIN POWER. The district may
249	249	not exercise the power of eminent domain.
250	250	[Sections 3904.113-3904.150 reserved for expansion]
251	251	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
252	252	Sec. 3904.151. 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 district money.
256	256	Sec. 3904.152. 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. 3904.153. 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 the county.
270	270	Sec. 3904.154. 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. 3904.155. 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 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. 3904.156. RESIDENTIAL PROPERTY NOT EXEMPT. Section
300	300	375.161, Local Government Code, does not apply to a tax approved by
301	301	the district voters or a required payment for service provided by
302	302	the district, including water and sewer services.
303	303	Sec. 3904.157. COMPETITIVE BIDDING. Subchapter I, Chapter
304	304	49, Water Code, applies to the district. Sections 375.221 and
305	305	375.223, Local Government Code, do not apply to the district.
306	306	Sec. 3904.158. TAX AND ASSESSMENT ABATEMENTS. The district
307	307	may designate reinvestment zones and may grant abatements of a tax
308	308	or assessment on property in the zones.
309	309	[Sections 3904.159-3904.200 reserved for expansion]
310	310	SUBCHAPTER E. TAXES AND BONDS
311	311	Sec. 3904.201. ELECTIONS REGARDING TAXES AND BONDS.
312	312	(a) The district may issue, without an election, bonds, notes, and
313	313	other obligations secured by:
314	314	(1) revenue other than ad valorem taxes; or
315	315	(2) contract payments described by Section 3904.203.
316	316	(b) The district must hold an election in the manner
317	317	provided by Subchapter L, Chapter 375, Local Government Code, to
318	318	obtain voter approval before the district may impose an ad valorem
319	319	tax or issue bonds payable from ad valorem taxes.
320	320	(c) Section 375.243, Local Government Code, does not apply
321	321	to the district.
322	322	(d) All or any part of any facilities or improvements that
323	323	may be acquired by a district by the issuance of its bonds may be
324	324	submitted as a single proposition or as several propositions to be
325	325	voted on at the election.
326	326	Sec. 3904.202. OPERATION AND MAINTENANCE TAX. (a) If
327	327	authorized by a majority of the district voters voting at an
328	328	election held in accordance with Section 3904.201, the district may
329	329	impose an operation and maintenance tax on taxable property in the
330	330	district in accordance with Section 49.107, Water Code, for any
331	331	district purpose, including to:
332	332	(1) maintain and operate the district;
333	333	(2) construct or acquire improvements; or
334	334	(3) provide a service.
335	335	(b) The board shall determine the tax rate. The rate may not
336	336	exceed the rate approved at the election.
337	337	(c) Section 49.107(h), Water Code, does not apply to the
338	338	district.
339	339	Sec. 3904.203. CONTRACT TAXES. (a) In accordance with
340	340	Section 49.108, Water Code, the district may impose a tax other than
341	341	an operation and maintenance tax and use the revenue derived from
342	342	the tax to make payments under a contract after the provisions of
343	343	the contract have been approved by a majority of the district voters
344	344	voting at an election held for that purpose.
345	345	(b) A contract approved by the district voters may contain a
346	346	provision stating that the contract may be modified or amended by
347	347	the board without further voter approval.
348	348	Sec. 3904.204. AUTHORITY TO BORROW MONEY AND TO ISSUE
349	349	BONDS. (a) The district may borrow money on terms determined by
350	350	the board. Section 375.205, Local Government Code, does not apply
351	351	to a loan, line of credit, or other borrowing from a bank or
352	352	financial institution secured by revenue other than ad valorem
353	353	taxes.
354	354	(b) The district may issue bonds, notes, or other
355	355	obligations payable wholly or partly from ad valorem taxes,
356	356	assessments, impact fees, revenue, contract payments, grants, or
357	357	other district money, or any combination of those sources of money,
358	358	to pay for any authorized district purpose.
359	359	Sec. 3904.205. TAXES FOR BONDS. At the time the district
360	360	issues bonds payable wholly or partly from ad valorem taxes, the
361	361	board shall provide for the annual imposition of a continuing
362	362	direct annual ad valorem tax, without limit as to rate or amount,
363	363	for each year that all or part of the bonds are outstanding as
364	364	required and in the manner provided by Sections 54.601 and 54.602,
365	365	Water Code.
366	366	Sec. 3904.206. BONDS FOR RECREATIONAL FACILITIES. The
367	367	limitation on the outstanding principal amount of bonds, notes, and
368	368	other obligations provided by Section 49.4645, Water Code, does not
369	369	apply to the district.
370	370	[Sections 3904.207-3904.250 reserved for expansion]
371	371	SUBCHAPTER F. DEFINED AREAS
372	372	Sec. 3904.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR
373	373	DESIGNATED PROPERTY. The district may define areas or designate
374	374	certain property of the district to pay for improvements,
375	375	facilities, or services that primarily benefit that area or
376	376	property and do not generally and directly benefit the district as a
377	377	whole.
378	378	Sec. 3904.252. PROCEDURE FOR ELECTION. (a) Before the
379	379	district may impose an ad valorem tax or issue bonds payable from ad
380	380	valorem taxes of the area defined or property designated under
381	381	Section 3904.251, the board shall call and hold an election in the
382	382	defined area or within the boundaries of the designated property
383	383	only.
384	384	(b) The board may submit the proposition to the voters on
385	385	the same ballot to be used in another election.
386	386	Sec. 3904.253. DECLARING RESULT AND ISSUING ORDER. (a) If
387	387	a majority of the voters voting at the election approve the
388	388	proposition or propositions, the board shall declare the results
389	389	and, by order, shall establish the defined area and describe it by
390	390	metes and bounds or designate the specific property.
391	391	(b) The board's order is not subject to judicial review.
392	392	Sec. 3904.254. TAXES FOR SERVICES, IMPROVEMENTS, AND
393	393	FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
394	394	approval and adoption of the order described by Section 3904.253,
395	395	the district may apply separately, differently, equitably, and
396	396	specifically its taxing power and lien authority to the defined
397	397	area or designated property to provide money to construct,
398	398	administer, maintain, and operate services, improvements, and
399	399	facilities that primarily benefit the defined area or designated
400	400	property.
401	401	Sec. 3904.255. ISSUANCE OF BONDS FOR DEFINED AREAS OR
402	402	DESIGNATED PROPERTY. After the order under Section 3904.253 is
403	403	adopted, the district may issue bonds to provide for any land,
404	404	improvements, facilities, plants, equipment, and appliances for
405	405	the defined area or designated property.
406	406	[Sections 3904.256-3904.300 reserved for expansion]
407	407	SUBCHAPTER G. MUNICIPAL ANNEXATION AND DISSOLUTION
408	408	Sec. 3904.301. MUNICIPAL ANNEXATION; DISSOLUTION.
409	409	(a) The district is a "water or sewer district" under Section
410	410	43.071, Local Government Code.
411	411	(b) Section 43.075, Local Government Code, applies to the
412	412	district.
413	413	(c) Section 375.264, Local Government Code, does not apply
414	414	to the dissolution of the district by a municipality.
415	415	SECTION 2. Harris County Improvement District No. 22
416	416	initially includes all territory contained in the following area:
417	417	A FIELD NOTE DESCRIPTION of 82.7881 acres (3,606,248 square
418	418	feet) of land in the William Perkins Survey, Abstract No. 621, in
419	419	the T. A. Duclos Survey, Abstract No. 1473 and in the C. W. Hall
420	420	Survey, Abstract No. 1639, Harris County, Texas; said 82.7881 acre
421	421	tract of land being part of a 24.9205 acre tract of land described
422	422	as "Tract 1", being part of a 59.7996 acre tract of land described
423	423	as "Tract 2", conveyed to A-K Texas Venture Capital, L.C., as
424	424	recorded under Harris County Clerk's File No. P577137, being all of
425	425	Proposed Grand Parkway (width varies) as recorded in Harris County
426	426	Clerk's File Nos. L091863 and T419832, being all of Lot 1, conveyed
427	427	to John H. Walker, Jr., as recorded under Harris County Clerk's File
428	428	No. U083376, being all of Lot 3, conveyed to Jack Hall, as recorded
429	429	under Harris County Clerk's File No. U083379, being all of Lot 4,
430	430	conveyed to Margaret Gallagher, as recorded under Harris County
431	431	Clerk's File No. U083382 and being all of Lot 5, conveyed to Robert
432	432	Conwell, as recorded under Harris County Clerk's File No. U083385;
433	433	said tract being more particularly described by metes and bounds as
434	434	follows with the bearings being based on the easterly right-of-way
435	435	line of Boudreaux Road (60 feet wide), as recorded under Harris
436	436	County Clerk's File No. P577137, the bearing being North 02° 41' 05"
437	437	West:
438	438	COMMENCING FOR REFERENCE at a 5/8-inch iron rod with cap set
439	439	at the intersection of the south right-of-way line of said
440	440	Boudreaux Road with the east line of said Boudreaux Road for the
441	441	northwest corner of a 14.8700 acre tract of land conveyed to Greater
442	442	Life Church, as recorded under Harris County Clerk's File No.
443	443	P747894;
444	444	THENCE, North 87° 37' 18" East - 600.21 feet with the north
445	445	line of said 14.8700 acre tract and with the south right-of-way line
446	446	of Boudreaux Road to a 5/8-inch iron rod with cap set for the
447	447	northwest corner and POINT OF BEGINNING of this tract;
448	448	THENCE, North 87° 37' 18" East - 552.95 feet with the south
449	449	right-of-way line of said Boudreaux Road to a 5/8-inch iron rod with
450	450	cap set for the northwest end of a cutback corner at the
451	451	intersection of the south right-of-way line of said Boudreaux Road
452	452	with the west right-of-way line of State Highway 249 (right-of-way
453	453	width varies) for an angle point of this tract;
454	454	THENCE, South 58° 59' 02" East - 40.31 feet with said cutback
455	455	to a 5/8-inch iron rod with cap set in the west right-of-way line of
456	456	said State Highway No. 249 for an angle point of this tract;
457	457	THENCE, South 18° 19' 22" East - 367.55 feet with the west
458	458	right-of-way line of said State Highway 249 to a 5/8-inch iron rod
459	459	found for the beginning of a non-tangent curve to the left;
460	460	THENCE, in a southerly direction with the west right-of-way
461	461	line of said State Highway 249 and with a curve to the left having a
462	462	radius of 5,940.58 feet, a central angle of 08° 30' 26", a length of
463	463	882.05 feet and a chord bearing South 22° 37' 15" East - 881.24 feet
464	464	to a 5/8-inch iron rod with cap set for a
465	465	point-of-reverse-curvature;
466	466	THENCE, in a southerly direction with the west right-of-way
467	467	line of said State Highway 249 and with said curve to the right
468	468	having a radius of 1,379.00 feet, a central angle of 04° 10' 43", a
469	469	length of 100.57 feet and a chord bearing South 24° 35' 34" East -
470	470	100.55 feet to a 5/8-inch iron rod with cap set for a
471	471	point-of-non-tangency;
472	472	THENCE, South 22° 42' 55" East - 154.41 feet with the west
473	473	right-of-way line of said State Highway 249 to a Texas Department of
474	474	Transportation Monument Disk found for a point-of-curvature;
475	475	THENCE, in a southeasterly direction with the west
476	476	right-of-way line of said State Highway 249 and with a curve to left
477	477	having a radius of 1,512.00 feet, a central angle of 12° 29' 50", a
478	478	length of 329.80 feet and a chord bearing South 28° 57' 50" East -
479	479	329.14 feet to a Texas Department of Transportation Monument Disk
480	480	found for a point-of-non-tangency;
481	481	THENCE, South 35° 11' 04" East - 395.67 feet with the west
482	482	right-of-way line of said State Highway 249 to a Texas Department of
483	483	Transportation Monument Disk found for the north end of a cutback at
484	484	the intersection of the west right-of-way line of said State
485	485	Highway 249 with the north right-of-way line of Proposed Boudreaux
486	486	Road (100 feet wide), as recorded under Harris County Clerk's File
487	487	No. D900150 for a southeast corner of this tract;
488	488	THENCE, South 08° 41' 12" West - 53.94 feet with said cutback
489	489	to a Texas Department of Transportation Monument Disk found for a
490	490	south corner of this tract;
491	491	THENCE, South 58° 20' 27" West - 791.84 feet with the
492	492	northwest right-of-way line of said Proposed Boudreaux Road to a
493	493	5/8-inch iron rod found for the beginning of a non-tangent curve to
494	494	the right;
495	495	THENCE, in a westerly direction with the north right-of-way
496	496	line of said Proposed Boudreaux Road and with said curve to the
497	497	right having a radius of 2,750.00 feet, a central angle of 28° 57'
498	498	23", a length of 1,389.80 feet and a chord bearing South 72° 52' 14"
499	499	West - 1,375.06 feet to a 5/8-inch iron rod found at the
500	500	intersection of the north right-of-way line of said Proposed
501	501	Boudreaux Road with the east right-of-way line of said Boudreaux
502	502	Road for the southwest corner of this tract;
503	503	THENCE, North 02° 41' 05" West - 1,579.90 feet with the east
504	504	right-of-way line of said Boudreaux Road to a 5/8-inch iron rod
505	505	found for the southwest corner of said 14.8700 acre tract and for a
506	506	northwest corner of this tract;
507	507	THENCE, North 52° 05' 02" East - 418.86 feet with the
508	508	northwest right-of-way line of said Proposed Grand Parkway and with
509	509	the southeast line of said 14.8700 acre tract to a 5/8-inch iron rod
510	510	found for the southeast corner of said 14.8700 acre tract, with the
511	511	southwest corner of said "Tract 1" and with an interior corner of
512	512	this tract;
513	513	THENCE, North 01° 53' 02" West - 887.65 feet with the east line
514	514	of said 14.8700 acre tract and with the west line of said "Tract 1"
515	515	to the POINT OF BEGINNING and containing 82.7881 acres (3,606,248
516	516	square feet) of land.
517	517	SECTION 3. (a) The legal notice of the intention to
518	518	introduce this Act, setting forth the general substance of this
519	519	Act, has been published as provided by law, and the notice and a
520	520	copy of this Act have been furnished to all persons, agencies,
521	521	officials, or entities to which they are required to be furnished
522	522	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
523	523	Government Code.
524	524	(b) The governor, one of the required recipients, has
525	525	submitted the notice and Act to the Texas Commission on
526	526	Environmental Quality.
527	527	(c) The Texas Commission on Environmental Quality has filed
528	528	its recommendations relating to this Act with the governor,
529	529	lieutenant governor, and speaker of the house of representatives
530	530	within the required time.
531	531	(d) The general law relating to consent by political
532	532	subdivisions to the creation of districts with conservation,
533	533	reclamation, and road powers and the inclusion of land in those
534	534	districts has been complied with.
535	535	(e) All requirements of the constitution and laws of this
536	536	state and the rules and procedures of the legislature with respect
537	537	to the notice, introduction, and passage of this Act have been
538	538	fulfilled and accomplished.
539	539	SECTION 4. This Act takes effect immediately if it receives
540	540	a vote of two-thirds of all the members elected to each house, as
541	541	provided by Section 39, Article III, Texas Constitution. If this
542	542	Act does not receive the vote necessary for immediate effect, this
543	543	Act takes effect September 1, 2011.
544	544
545	545	Pos. No. Name of Director
546	546
547	547	1 Brian Burks
548	548
549	549	2 David Kayle
550	550
551	551	3 Lisa Chahin
552	552
553	553	4 Steve Tennis
554	554
555	555	5 Jonathon St. Romain