Texas 2013 - 83rd Regular

Texas House Bill HB1276 Compare Versions

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1	1	83R16724 JSL-D
2	2	By: Thompson of Brazoria, Allen H.B. No. 1276
3	3	Substitute the following for H.B. No. 1276:
4	4	By: Stickland C.S.H.B. No. 1276
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of Pearland Municipal Management District
10	10	No. 2; providing authority to issue bonds; providing authority to
11	11	impose assessments, fees, or taxes.
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 3867 to read as follows:
15	15	CHAPTER 3867. PEARLAND MUNICIPAL MANAGEMENT DISTRICT NO. 2
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 3867.001. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "City" means the City of Pearland.
20	20	(3) "County" means Brazoria County.
21	21	(4) "Director" means a board member.
22	22	(5) "District" means the Pearland Municipal
23	23	Management District No. 2.
24	24	Sec. 3867.002. NATURE OF DISTRICT. The Pearland Municipal
25	25	Management District No. 2 is a special district created under
26	26	Section 59, Article XVI, Texas Constitution.
27	27	Sec. 3867.003. 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. 3867.004. 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 street or road and recreational
74	74	facilities and improvements, including related drainage
75	75	facilities, for the district.
76	76	(e) Pedestrian or other nonmotorized vehicle ways along or
77	77	across a street, whether at grade or above or below the surface, and
78	78	street lighting, street landscaping, parking, and street art
79	79	objects are parts of and necessary components of a street and are
80	80	considered to be a street or road improvement.
81	81	(f) The district will not act as the agent or
82	82	instrumentality of any private interest even though the district
83	83	will benefit many private interests as well as the public.
84	84	Sec. 3867.005. INITIAL DISTRICT TERRITORY. (a) The
85	85	district is initially composed of the territory described by
86	86	Section 2 of the Act enacting this chapter.
87	87	(b) The boundaries and field notes contained in Section 2 of
88	88	the Act enacting this chapter form a closure. A mistake in the
89	89	field notes or in copying the field notes in the legislative process
90	90	does not affect the district's:
91	91	(1) organization, existence, or validity;
92	92	(2) right to issue any type of bond for the purposes
93	93	for which the district is created or to pay the principal of and
94	94	interest on the bond;
95	95	(3) right to impose or collect an assessment or tax; or
96	96	(4) legality or operation.
97	97	Sec. 3867.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
98	98	All or any part of the area of the district is eligible to be
99	99	included in:
100	100	(1) a tax increment reinvestment zone created under
101	101	Chapter 311, Tax Code;
102	102	(2) a tax abatement reinvestment zone created under
103	103	Chapter 312, Tax Code;
104	104	(3) an enterprise zone created under Chapter 2303,
105	105	Government Code; or
106	106	(4) an industrial district created under Chapter 42,
107	107	Local Government Code.
108	108	Sec. 3867.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
109	109	DISTRICTS LAW. Except as otherwise provided by this chapter,
110	110	Chapter 375, Local Government Code, applies to the district.
111	111	Sec. 3867.008. CONSTRUCTION OF CHAPTER. This chapter shall
112	112	be liberally construed in conformity with the findings and purposes
113	113	stated in this chapter.
114	114	SUBCHAPTER B. BOARD OF DIRECTORS
115	115	Sec. 3867.051. GOVERNING BODY; TERMS. (a) The district is
116	116	governed by a board of seven voting directors who serve staggered
117	117	terms of four years, with three or four 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 and the governing body of the city
122	122	consents to the change. The board may not consist of fewer than 5 or
123	123	more than 15 voting directors.
124	124	Sec. 3867.052. APPOINTMENT OF VOTING DIRECTORS. The
125	125	governing body of the city shall appoint voting directors from
126	126	persons recommended by the board. A person is appointed if a
127	127	majority of the members of the governing body of the city vote to
128	128	appoint that person.
129	129	Sec. 3867.053. NONVOTING DIRECTORS. The board may appoint
130	130	nonvoting directors to serve at the pleasure of the voting
131	131	directors.
132	132	Sec. 3867.054. QUORUM. For purposes of determining the
133	133	requirements for a quorum of the board, the following are not
134	134	counted:
135	135	(1) a board position vacant for any reason, including
136	136	death, resignation, or disqualification;
137	137	(2) a director who is abstaining from participation in
138	138	a vote because of a conflict of interest; or
139	139	(3) a nonvoting director.
140	140	Sec. 3867.055. INITIAL VOTING DIRECTORS. (a) The initial
141	141	board consists of the following voting directors:
142	142	Pos. No. Name of Director Pos. No. Name of Director
143	143	Pos. No. Name of Director
144	144	1 Teir Allender 1 Teir Allender
145	145	1 Teir Allender
146	146	2 Steve Chandler 2 Steve Chandler
147	147	2 Steve Chandler
148	148	3 Will Deane 3 Will Deane
149	149	3 Will Deane
150	150	4 Stephanie King 4 Stephanie King
151	151	4 Stephanie King
152	152	5 John Moody 5 John Moody
153	153	5 John Moody
154	154	6 Rushi Patel 6 Rushi Patel
155	155	6 Rushi Patel
156	156	7 Sylvester L. Roeder III 7 Sylvester L. Roeder III
157	157	7 Sylvester L. Roeder III
158	158	(b) Of the initial directors, the terms of directors
159	159	appointed for positions one through four expire June 1, 2015, and
160	160	the terms of directors appointed for positions five through seven
161	161	expire June 1, 2017.
162	162	(c) Section 3867.052 does not apply to this section.
163	163	(d) This section expires September 1, 2017.
164	164	SUBCHAPTER C. POWERS AND DUTIES
165	165	Sec. 3867.101. GENERAL POWERS AND DUTIES. The district has
166	166	the powers and duties necessary to accomplish the purposes for
167	167	which the district is created.
168	168	Sec. 3867.102. IMPROVEMENT PROJECTS AND SERVICES. The
169	169	district may provide, design, construct, acquire, improve,
170	170	relocate, operate, maintain, or finance an improvement project or
171	171	service using any money available to the district, or contract with
172	172	a governmental or private entity to provide, design, construct,
173	173	acquire, improve, relocate, operate, maintain, or finance an
174	174	improvement project or service authorized under this chapter or
175	175	Chapter 375, Local Government Code.
176	176	Sec. 3867.103. DEVELOPMENT CORPORATION POWERS. The
177	177	district, using money available to the district, may exercise the
178	178	powers given to a development corporation under Chapter 505, Local
179	179	Government Code, including the power to own, operate, acquire,
180	180	construct, lease, improve, or maintain a project under that
181	181	chapter.
182	182	Sec. 3867.104. NONPROFIT CORPORATION. (a) The board by
183	183	resolution may authorize the creation of a nonprofit corporation to
184	184	assist and act for the district in implementing a project or
185	185	providing a service authorized by this chapter.
186	186	(b) The nonprofit corporation:
187	187	(1) has each power of and is considered to be a local
188	188	government corporation created under Subchapter D, Chapter 431,
189	189	Transportation Code; and
190	190	(2) may implement any project and provide any service
191	191	authorized by this chapter.
192	192	(c) The board shall appoint the board of directors of the
193	193	nonprofit corporation. The board of directors of the nonprofit
194	194	corporation shall serve in the same manner as the board of directors
195	195	of a local government corporation created under Subchapter D,
196	196	Chapter 431, Transportation Code, except that a board member is not
197	197	required to reside in the district.
198	198	Sec. 3867.105. AGREEMENTS; GRANTS. (a) As provided by
199	199	Chapter 375, Local Government Code, the district may make an
200	200	agreement with or accept a gift, grant, or loan from any person.
201	201	(b) The implementation of a project is a governmental
202	202	function or service for the purposes of Chapter 791, Government
203	203	Code.
204	204	Sec. 3867.106. LAW ENFORCEMENT AND SECURITY SERVICES. To
205	205	protect the public interest, the district may provide security
206	206	services or contract with a qualified party, including the county
207	207	or the city, to provide law enforcement services in the district for
208	208	a fee.
209	209	Sec. 3867.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
210	210	district may join and pay dues to a charitable or nonprofit
211	211	organization that performs a service or provides an activity
212	212	consistent with the furtherance of a district purpose.
213	213	Sec. 3867.108. ECONOMIC DEVELOPMENT. (a) The district may
214	214	engage in activities that accomplish the economic development
215	215	purposes of the district.
216	216	(b) The district may establish and provide for the
217	217	administration of one or more programs to promote state or local
218	218	economic development and to stimulate business and commercial
219	219	activity in the district, including programs to:
220	220	(1) make loans and grants of public money; and
221	221	(2) provide district personnel and services.
222	222	(c) The district may create economic development programs
223	223	and exercise the economic development powers provided to
224	224	municipalities by:
225	225	(1) Chapter 380, Local Government Code; and
226	226	(2) Subchapter A, Chapter 1509, Government Code.
227	227	Sec. 3867.109. PARKING FACILITIES. (a) The district may
228	228	acquire, lease as lessor or lessee, construct, develop, own,
229	229	operate, and maintain parking facilities or a system of parking
230	230	facilities, including lots, garages, parking terminals, or other
231	231	structures or accommodations for parking motor vehicles off the
232	232	streets and related appurtenances.
233	233	(b) The district's parking facilities serve the public
234	234	purposes of the district and are owned, used, and held for a public
235	235	purpose even if leased or operated by a private entity for a term of
236	236	years.
237	237	(c) The district's parking facilities are parts of and
238	238	necessary components of a street and are considered to be a street
239	239	or road improvement.
240	240	(d) The development and operation of the district's parking
241	241	facilities may be considered an economic development program.
242	242	Sec. 3867.110. ANNEXATION OF LAND. The district may annex
243	243	land as provided by Subchapter J, Chapter 49, Water Code.
244	244	Sec. 3867.111. APPROVAL BY CITY. (a) Except as provided by
245	245	Chapter 375, Local Government Code, the district must obtain the
246	246	approval of the city for:
247	247	(1) the issuance of bonds;
248	248	(2) the annexation or exclusion of land;
249	249	(3) the plans and specifications of an improvement
250	250	project financed by bonds; and
251	251	(4) the plans and specifications of an improvement
252	252	project related to the use of land owned by the city, an easement
253	253	granted by the city, or a right-of-way of a street, road, or
254	254	highway.
255	255	(b) The district may not issue bonds or annex or exclude
256	256	land until the governing body of the city adopts a resolution or
257	257	ordinance authorizing the issuance of the bonds or the annexation
258	258	or exclusion of the land.
259	259	(c) The governing body of the city:
260	260	(1) is not required to adopt a resolution or ordinance
261	261	to approve plans and specifications described by Subsection (a);
262	262	and
263	263	(2) may establish an administrative process to approve
264	264	plans and specifications described by Subsection (a) without the
265	265	involvement of the governing body.
266	266	Sec. 3867.112. NO EMINENT DOMAIN POWER. The district may
267	267	not exercise the power of eminent domain.
268	268	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
269	269	Sec. 3867.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
270	270	board by resolution shall establish the number of directors'
271	271	signatures and the procedure required for a disbursement or
272	272	transfer of district money.
273	273	Sec. 3867.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
274	274	The district may acquire, construct, finance, operate, or maintain
275	275	any improvement or service authorized under this chapter or Chapter
276	276	375, Local Government Code, using any money available to the
277	277	district.
278	278	Sec. 3867.153. PETITION REQUIRED FOR FINANCING SERVICES AND
279	279	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
280	280	service or improvement project with assessments under this chapter
281	281	unless a written petition requesting that service or improvement
282	282	has been filed with the board.
283	283	(b) A petition filed under Subsection (a) must be signed by
284	284	the owners of a majority of the assessed value of real property in
285	285	the district subject to assessment according to the most recent
286	286	certified tax appraisal roll for the county.
287	287	Sec. 3867.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
288	288	The board by resolution may impose and collect an assessment for any
289	289	purpose authorized by this chapter in all or any part of the
290	290	district.
291	291	(b) An assessment, a reassessment, or an assessment
292	292	resulting from an addition to or correction of the assessment roll
293	293	by the district, penalties and interest on an assessment or
294	294	reassessment, an expense of collection, and reasonable attorney's
295	295	fees incurred by the district:
296	296	(1) are a first and prior lien against the property
297	297	assessed;
298	298	(2) are superior to any other lien or claim other than
299	299	a lien or claim for county, school district, or municipal ad valorem
300	300	taxes; and
301	301	(3) are the personal liability of and a charge against
302	302	the owners of the property even if the owners are not named in the
303	303	assessment proceedings.
304	304	(c) The lien is effective from the date of the board's
305	305	resolution imposing the assessment until the date the assessment is
306	306	paid. The board may enforce the lien in the same manner that the
307	307	board may enforce an ad valorem tax lien against real property.
308	308	(d) The board may make a correction to or deletion from the
309	309	assessment roll that does not increase the amount of assessment of
310	310	any parcel of land without providing notice and holding a hearing in
311	311	the manner required for additional assessments.
312	312	Sec. 3867.155. TAX AND ASSESSMENT ABATEMENTS. The district
313	313	may designate reinvestment zones and may grant abatements of a tax
314	314	or assessment on property in the zones.
315	315	SUBCHAPTER E. TAXES AND BONDS
316	316	Sec. 3867.201. ELECTIONS REGARDING TAXES AND BONDS. (a)
317	317	The district may issue, without an election, bonds, notes, and
318	318	other obligations secured by:
319	319	(1) revenue other than ad valorem taxes; or
320	320	(2) contract payments described by Section 3867.203.
321	321	(b) The district must hold an election in the manner
322	322	provided by Subchapter L, Chapter 375, Local Government Code, to
323	323	obtain voter approval before the district may impose an ad valorem
324	324	tax or issue bonds payable from ad valorem taxes.
325	325	(c) Section 375.243, Local Government Code, does not apply
326	326	to the district.
327	327	(d) All or any part of any facilities or improvements that
328	328	may be acquired by a district by the issuance of its bonds may be
329	329	submitted as a single proposition or as several propositions to be
330	330	voted on at the election.
331	331	Sec. 3867.202. OPERATION AND MAINTENANCE TAX. (a) If
332	332	authorized by a majority of the district voters voting at an
333	333	election held in accordance with Section 3867.201, the district may
334	334	impose an operation and maintenance tax on taxable property in the
335	335	district in accordance with Section 49.107, Water Code, for any
336	336	district purpose, including to:
337	337	(1) maintain and operate the district;
338	338	(2) construct or acquire improvements; or
339	339	(3) provide a service.
340	340	(b) The board shall determine the tax rate. The rate may not
341	341	exceed the rate approved at the election.
342	342	Sec. 3867.203. CONTRACT TAXES. (a) In accordance with
343	343	Section 49.108, Water Code, the district may impose a tax other than
344	344	an operation and maintenance tax and use the revenue derived from
345	345	the tax to make payments under a contract after the provisions of
346	346	the contract have been approved by a majority of the district voters
347	347	voting at an election held for that purpose.
348	348	(b) A contract approved by the district voters may contain a
349	349	provision stating that the contract may be modified or amended by
350	350	the board without further voter approval.
351	351	Sec. 3867.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
352	352	AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
353	353	determined by the board. Section 375.205, Local Government Code,
354	354	does not apply to a loan, line of credit, or other borrowing from a
355	355	bank or financial institution secured by revenue other than ad
356	356	valorem taxes.
357	357	(b) The district may issue bonds, notes, or other
358	358	obligations payable wholly or partly from ad valorem taxes,
359	359	assessments, impact fees, revenue, contract payments, grants, or
360	360	other district money, or any combination of those sources of money,
361	361	to pay for any authorized district purpose.
362	362	Sec. 3867.205. TAXES FOR BONDS. At the time the district
363	363	issues bonds payable wholly or partly from ad valorem taxes, the
364	364	board shall provide for the annual imposition of a continuing
365	365	direct annual ad valorem tax, without limit as to rate or amount,
366	366	for each year that all or part of the bonds are outstanding as
367	367	required and in the manner provided by Sections 54.601 and 54.602,
368	368	Water Code.
369	369	Sec. 3867.206. TAXES AND BONDS FOR RECREATIONAL FACILITIES.
370	370	(a) The limitation on the outstanding principal amount of bonds,
371	371	notes, and other obligations provided by Section 49.4645, Water
372	372	Code, does not apply to the district.
373	373	(b) Section 49.107(h), Water Code, does not apply to the
374	374	district.
375	375	Sec. 3867.207. CITY NOT REQUIRED TO PAY DISTRICT
376	376	OBLIGATIONS. Except as provided by Section 375.263, Local
377	377	Government Code, the city is not required to pay a bond, note, or
378	378	other obligation of the district.
379	379	SECTION 2. The Pearland Municipal Management District No. 2
380	380	initially includes all territory contained in the following area:
381	381	BEING 1,483 acres, more or less, of land within the City
382	382	Limits of Pearland, Texas, located in the H. T. & B. R. R. Co.
383	383	Survey, Abstract No. 300, the J. W. Maxcy Survey, Abstract No. 675,
384	384	the R. B. Lyle Survey, Abstract No. 539, the W. W. Dupuy and L. F.
385	385	Roberts Survey, Abstract No. 726, the H. T. & B. R. R. Co. Survey,
386	386	Abstract No. 304, the W. M. Morris Survey, Abstract No. 344, the J.
387	387	Crawley Survey, Abstract No.174 and the D. White Survey, Abstract
388	388	No. 747, Brazoria County, Texas and also located in the James
389	389	Hamilton Survey, Abstract No. 881, Harris County, Texas, said 1,483
390	390	acres being more particularly described as follows:
391	391	BEGINNING at the southeast corner of SOUTHGATE SECTION ONE, a
392	392	subdivision of record in Volume 24, Pages 123-126 of the Plat
393	393	Records of Brazoria County, Texas (B.C.P.R.) on the northerly
394	394	right-of-way line of County Road 59 (width varies);
395	395	THENCE NORTHERLY, 2,574 feet more or less, along the east
396	396	line of said SOUTHGATE SECTION ONE and the east line of SOUTHGATE
397	397	SECTION TWO, a subdivision of record in Volume 24, Pages 278-279,
398	398	B.C.P.R. to the northeast corner of said SOUTHGATE SECTION TWO;
399	399	THENCE WESTERLY, 2,642 feet more or less, along the north
400	400	line of said SOUTHGATE SECTION TWO to a point on the west line of
401	401	said SOUTHGATE SECTION ONE for the southwest corner of Restricted
402	402	Reserve "A" of said SOUTHGATE SECTION ONE;
403	403	THENCE NORTHERLY, 1,175 feet more or less, along said west
404	404	line to the southwest corner of the MINOR PLAT OF KIRBY WATER PLANT
405	405	SITE AND FIRE STATION NO. 5, a subdivision of record under Document
406	406	Number 2008029867 of the Official Public Records of Brazoria
407	407	County, Texas (B.C.O.P.R.)
408	408	THENCE EASTERLY, 626 feet more or less, to the southeast
409	409	corner of said MINOR PLAT;
410	410	THENCE NORTHEASTERLY, 335 feet more or less, to the northeast
411	411	corner of said MINOR PLAT;
412	412	THENCE WESTERLY, 776 feet more or less, to the northwest
413	413	corner of said MINOR PLAT and being the southwest corner of the
414	414	remainder of a called 13.380 acre tract of land conveyed to Pearland
415	415	Town Center Limited Partnership as recorded under Document Number
416	416	2006071333 of the Official Records of Brazoria County, Texas
417	417	(B.C.O.R.);
418	418	THENCE NORTHERLY, 1,231 feet more or less, along the west
419	419	line of said remainder and the west line of KIRBY CROSSING SECTION
420	420	ONE, a subdivision of record under Document Number 2012041370,
421	421	B.C.O.R., to the south right-of-way line and crossing to the north
422	422	right-of-way line of F.M. 518 (120' wide);
423	423	THENCE WESTERLY, 597 feet more or less, along said north
424	424	right-of-way line to the southeast corner of SF-18B, a subdivision
425	425	of record in Volume 23, Pages 393-396, B.C.P.R.;
426	426	THENCE NORTHERLY, 1,053 feet more or less, along the east
427	427	line of said SF-18B to the south line of SF-15, a subdivision of
428	428	record in Volume 23, Pages 265-268, B.C.P.R.;
429	429	THENCE EASTERLY, 1,566 feet more or less, along said south
430	430	line to the west right-of-way line and crossing to the east
431	431	right-of-way line of Kirby Drive (100' wide);
432	432	THENCE SOUTHERLY, 634 feet more or less, along said east
433	433	right-of-way line to the northwest corner of SHADOW CREEK RANCH
434	434	COMMERCIAL SITE NO. 3, a subdivision of record under Document
435	435	Number 2006023374, B.C.O.R.;
436	436	THENCE SOUTHEASTERLY, 789 feet more or less, along the
437	437	northeast line of said SHADOW CREEK RANCH COMMERCIAL SITE NO. 3 to
438	438	the southeast corner of same on the north right-of-way line of the
439	439	aforementioned F.M. 518;
440	440	THENCE EASTERLY, 162 feet more or less, along said north
441	441	right-of-way line to the southeast corner of SF-16B, a subdivision
442	442	of record in Volume 23, Pages 273-276, B.C.P.R.;
443	443	THENCE NORTHERLY, 2,448 feet more or less, along the east
444	444	line of said SF-16B, SF-16A, a subdivision of record in Volume 23,
445	445	Pages 269-272, B.C.P.R. and SF-14B, a subdivision of record in
446	446	Volume 23, Pages 261-264, B.C.P.R to the southwest corner of the
447	447	MINOR SUBDIVISION PLAT OF DISCOVERY AT SHADOW CREEK RANCH, a
448	448	subdivision of record under Document Number 2009049537, B.C.O.R.;
449	449	THENCE EASTERLY, 1,486 feet more or less, along the south
450	450	line of said MINOR SUBDIVISION PLAT OF DISCOVERY AT SHADOW CREEK
451	451	RANCH, to the northwest corner of Lot "A" of the AMENDING PLAT OF
452	452	SHADOW CREEK TOWN CENTER, a subdivision of record under Document
453	453	Number 2007002505, B.C.O.R.;
454	454	THENCE SOUTHERLY, 960 feet more or less, along the west line
455	455	of said Lot "A" and the easterly right-of-way line of Business
456	456	Center Drive as shown on said AMENDING PLAT OF SHADOW CREEK TOWN
457	457	CENTER to the intersection of said Business Center Drive and
458	458	Memorial Herman Drive as shown on said AMENDING PLAT OF SHADOW CREEK
459	459	TOWN CENTER, same being the southerly southwest corner of said Lot
460	460	"A";
461	461	THENCE EASTERLY, 1,149 feet more or less, along the north
462	462	right-of-way line of said Memorial Herman Drive to the easterly
463	463	southeast corner of said Lot "A", said point being on the westerly
464	464	right-of-way line of SH 288;
465	465	THENCE NORTHERLY, 1,609 feet more or less, along said
466	466	westerly right-of-way line to the northeast corner of that certain
467	467	called 13.100 acre tract conveyed to Memorial Herman by an
468	468	instrument of record under Document Number 2008000334, B.C.O.R.;
469	469	THENCE WESTERLY, 874 feet more or less, departing said
470	470	westerly right-of-way line and along the north line of said 13.100
471	471	acre tract to the westerly right-of-way line of Business Center
472	472	Drive (100' wide) as shown on SHADOW CREEK RANCH BUSINESS CENTER
473	473	DRIVE EXTENSION, a subdivision of record in Volume 24, Pages
474	474	392-393, B.C.O.R.;
475	475	THENCE NORTHERLY, 3,751 feet more or less, along said
476	476	westerly right-of-way line and along the westerly right-of-way line
477	477	of said Business Center Drive, as shown on SHADOW CREEK RANCH
478	478	BUSINESS CENTER DRIVE AND MEDICAL CENTER DRIVE, a subdivision of
479	479	record in Volume 24, Pages 251-252, B.C.O.R. to a point opposite of
480	480	the northwest corner of Restricted Reserve "B" as shown on SHADOW
481	481	CREEK RANCH BUSINESS CENTER DRIVE AND MEDICAL CENTER DRIVE;
482	482	THENCE EASTERLY, 90 feet, departing said west right-of-way
483	483	line to the northwest corner of said Restricted Reserve "B";
484	484	THENCE EASTERLY, 72 feet more or less, along the northerly
485	485	line of said Restricted Reserve "B" to the southeast corner of said
486	486	Restricted Reserve "B", said point being on the northerly
487	487	right-of-way line of Medical Center Drive (100' wide) as shown on
488	488	SHADOW CREEK RANCH BUSINESS CENTER DRIVE AND MEDICAL CENTER DRIVE;
489	489	THENCE EASTERLY, 1,550 feet more or less, along the northerly
490	490	right-of-way line of said Medical Center Drive to a point on the
491	491	westerly right-of-way line of SH 288, same being the easterly line
492	492	of that certain called 48.00 acre tract conveyed to H.C.A. HEALTH
493	493	SERVICES OF TEXAS, INC. by an instrument of record under File Number
494	494	02-063451, B.C.O.R.;
495	495	THENCE NORTHERLY, 764 feet more or less, along said westerly
496	496	right-of-way line and the easterly line of said 48.00 acre tract to
497	497	the south corner of that certain called 2.266 acre tract conveyed to
498	498	SHADOW CREEK RANCH MAINTENANCE ASSOCIATION by an instrument of
499	499	record under File Number 01-048774, B.C.O.R.;
500	500	THENCE NORTHERLY, 1,014 feet more or less, along the easterly
501	501	line of said 48.00 acre tract to the northwest corner of said 2.266
502	502	acre tract, said point being on the southerly line of F.M. 2234 -
503	503	Shadow Creek Parkway (width varies);
504	504	THENCE WESTERLY, 978 feet more or less, along the north line
505	505	of said 48.00 acre tract to the northwest corner of said 48.00 acre
506	506	tract, said point being the northeast corner of Business Center
507	507	Drive (width varies at this point);
508	508	THENCE SOUTHERLY, 925 feet more or less, along the west line
509	509	of said 48.00 acre tract and the easterly right-of-way line of
510	510	Business Center Drive to a point opposite the southeast corner of
511	511	that certain called 17.5691 acre tract of land conveyed to GLOBAL
512	512	NEW MILLENIUM PARTNERS, LTD. by the instrument of record under
513	513	Document Number 2009057174, B.C.O.P.R.;
514	514	THENCE WESTERLY, 1,113 feet more or less, along the south
515	515	line of said called 17.5691 acre tract to the southwest corner of
516	516	the same;
517	517	THENCE NORTHERLY, 769 feet more or less, along the west line
518	518	of said called 17.5691 acre tract to the most westerly northwest
519	519	corner of the same;
520	520	THENCE NORTHEASTERLY, 429 feet more or less, along the
521	521	northwest line of said called 17.5691 acre tract to the south
522	522	right-of-way line and crossing to the north right-of-way line of
523	523	F.M. 2234 - Shadow Creek Parkway (160.00' wide);
524	524	THENCE EASTERLY, 464 feet more or less, along said north
525	525	right-of-way line, same being the south line of SHADOW CREEK RANCH
526	526	COMMERCIAL SITE NO. 18B, a subdivision of record under Document
527	527	Number 2007035195, B.C.O.P.R., to the southeast corner of said SITE
528	528	18B;
529	529	THENCE NORTHERLY, 515 feet more or less, along the east line
530	530	of said SITE 18B to a point on the south line of SHADOW CREEK
531	531	MARKETPLACE, a subdivision of record under Document Number
532	532	2008001974, B.C.O.P.R.
533	533	THENCE EASTERLY, 60 feet more or less, along said south line
534	534	to a point on the west right-of-way line of Business Center Drive
535	535	(100' wide);
536	536	THENCE NORTHERLY, 101 feet more or less, along said west
537	537	right-of-way line to a point on the north line of said SHADOW CREEK
538	538	MARKETPLACE;
539	539	THENCE NORTHEASTERLY, 1,674 feet more or less, along said
540	540	north line to a point on the south line of a called 48.4712 acre
541	541	tract of land conveyed to AMEGY MORTGAGE COMPANY, L.L.C., by the
542	542	instrument of record under Document Number 2010023540, B.C.O.P.R.;
543	543	THENCE EASTERLY, 792 feet more or less, along the south line
544	544	of said called 48.4712 acre tract to the west right-of-way line of
545	545	State Highway 288;
546	546	THENCE NORTHERLY, 4,620 feet more or less, along said west
547	547	right-of-way line to a point on the south right-of-way line of
548	548	Beltway 8, same being the Northern City Limit Line of
549	549	Pearland,Texas;
550	550	THENCE EASTERLY, 2,623 feet more or less, along said City
551	551	Limit Line, crossing and to a point on the east side of said State
552	552	Highway 288 for the northwest corner of the MINOR SUBDIVISION PLAT
553	553	OF REC-TIME SUBDIVISION, a subdivision of record under Film Code
554	554	600053 of the Harris County Map Records, (H.C.M.R.);
555	555	THENCE SOUTHERLY, 1,290 feet more or less, along the west
556	556	line of said MINOR SUBDIVISION PLAT OF REC-TIME SUBDIVISION to the
557	557	north line of TOM BASS PARK;
558	558	THENCE WESTERLY, 679 feet more or less, to the west line of
559	559	said PARK;
560	560	THENCE SOUTHERLY, 2,966 feet more or less, along said west
561	561	line to the north line of THE LAKES AT COUNTRYPLACE SECTION EIGHT, a
562	562	subdivision of record in Volume 21, Pages 173-174, B.C.P.R.;
563	563	THENCE WESTERLY, 116 feet more or less, SOUTHERLY 207 feet
564	564	more or less and WESTERLY 439 feet more or less, along said north
565	565	line to a point on the east right-of-way line of the aforementioned
566	566	State Highway 288;
567	567	THENCE SOUTHERLY to SOUTHEASTERLY, 1,682 feet more or less,
568	568	along said east right-of-way line to the north right-of-way line of
569	569	the aforementioned F.M. 2234-Shadow Creek Parkway;
570	570	THENCE EASTERLY, 250 feet more or less, along said north
571	571	right-of-way line to a point at the intersection with the east
572	572	right-of-way line of County Road 94 (100' wide) projected north;
573	573	THENCE SOUTHERLY, 3,536 feet more or less, along said east
574	574	right-of-way line to the northwest corner of SOUTHDOWN COMMERCIAL
575	575	RESERVE TRACT A, a subdivision of record in Volume 17, Pages
576	576	151-152, B.C.P.R.;
577	577	THENCE EASTERLY, 381 feet more or less, along the north line
578	578	of said SOUTHDOWN COMMERCIAL RESERVE TRACT A and SOUTHDOWN
579	579	COMMERCIAL RESERVE TRACT B, a subdivision of record in Volume 20,
580	580	Pages 225-226, B.C.P.R. to the northeast corner of said TRACT B;
581	581	THENCE SOUTHERLY, 264 feet more or less, along the east line
582	582	of said TRACT B to the north right-of-way line and crossing to the
583	583	south right-of-way line of Hughes Ranch Road (70' wide);
584	584	THENCE EASTERLY, 758 feet more or less, along said south
585	585	right-of-way line to the northwest corner of SERENE GARDENS, a
586	586	subdivision of record under Document Number 2012007617,
587	587	B.C.O.P.R.;
588	588	THENCE SOUTHERLY, 970 feet more or less, along the west line
589	589	of said SERENE GARDENS to the southwest corner of the same;
590	590	THENCE EASTERLY, 417 feet more or less, along the south line
591	591	of said SERENE GARDENS to the southeast corner of the same and being
592	592	on the west line of AUTUMN LAKE SECTION 2, a subdivision of record
593	593	in Volume 23, Pages 43-44, B.C.P.R.;
594	594	THENCE SOUTHERLY, 2,972 feet more or less, along said west
595	595	line of AUTUMN LAKE SECTION 2, AUTUMN LAKE SECTION 1, a subdivision
596	596	of record in Volume 21, Pages 111-116, B.C.P.R. and AUTUMN LAKE
597	597	SECTION 3, a subdivision of record in Volume 24, Page 19, B.C.P.R.
598	598	to the southwest corner of said SECTION 3;
599	599	THENCE EASTERLY, 906 feet more or less, along the south line
600	600	of said SECTION 3 to the southeast corner of the same being on the
601	601	east line of Lot 29 of the Allison-Richey Gulf Coast Home Company of
602	602	Suburban Gardens Subdivision, Section 85, a subdivision of record
603	603	in Volume 2, Page 107, B.C.P.R.;
604	604	THENCE SOUTHERLY, 1,283 feet more or less, along the east
605	605	line of said Lot 29 and Lot 30 of said Allison-Richey Subdivision,
606	606	same being the HOME DEPOT tract to the north right-of-way line of
607	607	F.M. 518 (130' wide at this point);
608	608	THENCE SOUTHWESTERLY, 154 feet more or less, crossing said
609	609	F.M. 518 to the south right-of-way line of the same;
610	610	THENCE SOUTHERLY, 420 feet more or less, over and across
611	611	SILVERLAKE COMMERCIAL PARK PHASE II, a subdivision of record in
612	612	Volume 20, Pages 99-100, B.C.P.R. to an angle point in the south
613	613	line of said SILVERLAKE COMMERCIAL PARK PHASE II;
614	614	THENCE WESTERLY, 520 feet more or less, along the south line
615	615	of said SILVERLAKE COMMERCIAL PARK PHASE II, passing the southwest
616	616	corner of the same on the east right-of-way line and crossing to the
617	617	west right-of-way line of the aforementioned County Road 94 (100'
618	618	wide);
619	619	THENCE SOUTHERLY, 280 feet more or less, along said west
620	620	right-of-way line to the southeast corner of SILVERLAKE COMMERCIAL
621	621	PARK PHASE VII, a subdivision of record in Volume 21, Pages 39-40,
622	622	B.C.P.R.;
623	623	THENCE WESTERLY, 570 feet more or less, along the south line
624	624	of said PHASE VII to the most easterly southeast corner of
625	625	SILVERLAKE POWER CENTER, a subdivision of record in Volume 21,
626	626	Pages 351-352, B.C.P.R.;
627	627	THENCE SOUTHWESTERLY, 2,248 feet more or less, along the
628	628	south and southeast line of said SILVERLAKE POWER CENTER to the most
629	629	westerly corner of SCOFIELD SECTION 1 AT SILVERLAKE, a subdivision
630	630	of record in Volume 20, Pages 299-300, B.C.P.R.;
631	631	THENCE SOUTHEASTERLY, 911 feet more or less, along the
632	632	southwest line of said SCOFIELD SECTION 1 to the westerly
633	633	right-of-way line of the aforementioned County Road 94;
634	634	THENCE SOUTHERLY, 3,012 feet more or less, along said
635	635	westerly right-of-way line to the north right-of-way line of the
636	636	aforementioned County Road 59;
637	637	THENCE WESTERLY, 451 feet more or less, along said north
638	638	right-of-way line to an angle point on the same and being common
639	639	with the east right-of-way line of the aforementioned State Highway
640	640	288;
641	641	THENCE NORTHWESTERLY, 389 feet more or less, along said east
642	642	right-of-way line to an angle point;
643	643	THENCE WESTERLY, 509 feet more or less, crossing said State
644	644	Highway 288 to an angle point on the west right-of-way line of the
645	645	same;
646	646	THENCE SOUTHWESTERLY, 381 feet more or less, along said west
647	647	right-of-way line to an angle point on the same and being common
648	648	with the north right-of-way line of the aforementioned County Road
649	649	59;
650	650	THENCE WESTERLY, 936 feet more or less, along said north
651	651	right-of-way line to the POINT OF BEGINNING and containing 1,483
652	652	acres, more or less, of land.
653	653	SECTION 3. (a) The legal notice of the intention to
654	654	introduce this Act, setting forth the general substance of this
655	655	Act, has been published as provided by law, and the notice and a
656	656	copy of this Act have been furnished to all persons, agencies,
657	657	officials, or entities to which they are required to be furnished
658	658	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
659	659	Government Code.
660	660	(b) The governor, one of the required recipients, has
661	661	submitted the notice and Act to the Texas Commission on
662	662	Environmental Quality.
663	663	(c) The Texas Commission on Environmental Quality has filed
664	664	its recommendations relating to this Act with the governor,
665	665	lieutenant governor, and speaker of the house of representatives
666	666	within the required time.
667	667	(d) The general law relating to consent by political
668	668	subdivisions to the creation of districts with conservation,
669	669	reclamation, and road powers and the inclusion of land in those
670	670	districts has been complied with.
671	671	(e) All requirements of the constitution and laws of this
672	672	state and the rules and procedures of the legislature with respect
673	673	to the notice, introduction, and passage of this Act have been
674	674	fulfilled and accomplished.
675	675	SECTION 4. This Act takes effect immediately if it receives
676	676	a vote of two-thirds of all the members elected to each house, as
677	677	provided by Section 39, Article III, Texas Constitution. If this
678	678	Act does not receive the vote necessary for immediate effect, this
679	679	Act takes effect September 1, 2013.
680	680
681	681	Pos. No. Name of Director
682	682
683	683	1 Teir Allender
684	684
685	685	2 Steve Chandler
686	686
687	687	3 Will Deane
688	688
689	689	4 Stephanie King
690	690
691	691	5 John Moody
692	692
693	693	6 Rushi Patel
694	694
695	695	7 Sylvester L. Roeder III