Texas 2013 - 83rd Regular

Texas Senate Bill SB1898 Compare Versions

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1	1	By: Garcia S.B. No. 1898
2	2	(In the Senate - Filed April 16, 2013; April 17, 2013, read
3	3	first time and referred to Committee on Intergovernmental
4	4	Relations; April 29, 2013, reported favorably by the following
5	5	vote: Yeas 5, Nays 0; April 29, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the dissolution of the Harris County Municipal Utility
11	11	District No. 213; the creation of the Harris County Municipal
12	12	Utility District No. 213-A; the creation of the Harris County
13	13	Municipal Utility District No. 213-B; granting a limited power of
14	14	eminent domain; providing authority to issue bonds; providing
15	15	authority to impose assessments, fees, or taxes.
16	16	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	17	SECTION 1. On the effective date of this Act:
18	18	(1) the Harris County Municipal Utility District No.
19	19	213 is dissolved;
20	20	(2) the terms of the directors of the district expire;
21	21	and
22	22	(3) any assets of the district, including any tax or
23	23	assessment revenue, that remain after payment of the district's
24	24	liabilities are transferred to the Harris County Municipal Utility
25	25	District No. 213-A.
26	26	SECTION 2. Subtitle F, Title 6, Special District Local Laws
27	27	Code, is amended by adding Chapter 8478 to read as follows:
28	28	CHAPTER 8478. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 213-A
29	29	SUBCHAPTER A. GENERAL PROVISIONS
30	30	Sec. 8478.001. DEFINITIONS. In this chapter:
31	31	(1) "Board" means the district's board of directors.
32	32	(2) "Commission" means the Texas Commission on
33	33	Environmental Quality.
34	34	(3) "Director" means a board member.
35	35	(4) "District" means the Harris County Municipal
36	36	Utility District No. 213-A.
37	37	Sec. 8478.002. NATURE OF DISTRICT. The district is a
38	38	municipal utility district created under Section 59, Article XVI,
39	39	Texas Constitution.
40	40	Sec. 8478.003. CONFIRMATION AND DIRECTORS' ELECTION
41	41	REQUIRED. The temporary directors shall hold an election to
42	42	confirm the creation of the district and to elect five permanent
43	43	directors as provided by Section 49.102, Water Code.
44	44	Sec. 8478.004. CONSENT OF MUNICIPALITY REQUIRED. The
45	45	temporary directors may not hold an election under Section 8478.003
46	46	until each municipality in whose corporate limits or
47	47	extraterritorial jurisdiction the district is located has
48	48	consented by ordinance or resolution to the creation of the
49	49	district and to the inclusion of land in the district.
50	50	Sec. 8478.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
51	51	(a) The district is created to serve a public purpose and benefit.
52	52	(b) The district is created to accomplish the purposes of:
53	53	(1) a municipal utility district as provided by
54	54	general law and Section 59, Article XVI, Texas Constitution; and
55	55	(2) Section 52, Article III, Texas Constitution, that
56	56	relate to the construction, acquisition, improvement, operation,
57	57	or maintenance of macadamized, graveled, or paved roads, or
58	58	improvements, including storm drainage, in aid of those roads.
59	59	Sec. 8478.006. INITIAL DISTRICT TERRITORY. (a) The
60	60	district is initially composed of the territory described by
61	61	Section 3 of the Act enacting this chapter.
62	62	(b) The boundaries and field notes contained in Section 3 of
63	63	the Act enacting this chapter form a closure. A mistake made in the
64	64	field notes or in copying the field notes in the legislative process
65	65	does not affect the district's:
66	66	(1) organization, existence, or validity;
67	67	(2) right to issue any type of bond for the purposes
68	68	for which the district is created or to pay the principal of and
69	69	interest on a bond;
70	70	(3) right to impose a tax; or
71	71	(4) legality or operation.
72	72	Sec. 8478.007. ANNEXATION BY MUNICIPALITY.
73	73	Notwithstanding any other law, if all of the territory of the
74	74	district is annexed by a municipality into the corporate limits of
75	75	that municipality before the date of the election under Section
76	76	8478.003, the district may not be dissolved and shall continue
77	77	until the district is dissolved under Section 43.074, Local
78	78	Government Code.
79	79	SUBCHAPTER B. BOARD OF DIRECTORS
80	80	Sec. 8478.051. GOVERNING BODY; TERMS. (a) The district is
81	81	governed by a board of five elected directors.
82	82	(b) Except as provided by Section 8478.052, directors serve
83	83	staggered four-year terms.
84	84	Sec. 8478.052. TEMPORARY DIRECTORS. (a) The temporary
85	85	board consists of:
86	86	(1) William K. Taylor;
87	87	(2) James Coursey; and
88	88	(3) Jacob Saour.
89	89	(b) Temporary directors serve until the earlier of:
90	90	(1) the date permanent directors are elected under
91	91	Section 8478.003; or
92	92	(2) September 1, 2017.
93	93	(c) If permanent directors have not been elected under
94	94	Section 8478.003 and the terms of the temporary directors have
95	95	expired, successor temporary directors shall be appointed or
96	96	reappointed as provided by Subsection (d) to serve terms that
97	97	expire on the earlier of:
98	98	(1) the date permanent directors are elected under
99	99	Section 8478.003; or
100	100	(2) the fourth anniversary of the date of the
101	101	appointment or reappointment.
102	102	(d) If Subsection (c) applies, the owner or owners of a
103	103	majority of the assessed value of the real property in the district
104	104	may submit a petition to the commission requesting that the
105	105	commission appoint as successor temporary directors the five
106	106	persons named in the petition. The commission shall appoint as
107	107	successor temporary directors the five persons named in the
108	108	petition.
109	109	SUBCHAPTER C. POWERS AND DUTIES
110	110	Sec. 8478.101. GENERAL POWERS AND DUTIES. The district has
111	111	the powers and duties necessary to accomplish the purposes for
112	112	which the district is created.
113	113	Sec. 8478.102. MUNICIPAL UTILITY DISTRICT POWERS AND
114	114	DUTIES. The district has the powers and duties provided by the
115	115	general law of this state, including Chapters 49 and 54, Water Code,
116	116	applicable to municipal utility districts created under Section 59,
117	117	Article XVI, Texas Constitution.
118	118	Sec. 8478.103. AUTHORITY FOR ROAD PROJECTS. Under Section
119	119	52, Article III, Texas Constitution, the district may design,
120	120	acquire, construct, finance, issue bonds for, improve, operate,
121	121	maintain, and convey to this state, a county, or a municipality for
122	122	operation and maintenance macadamized, graveled, or paved roads, or
123	123	improvements, including storm drainage, in aid of those roads.
124	124	Sec. 8478.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
125	125	road project must meet all applicable construction standards,
126	126	zoning and subdivision requirements, and regulations of each
127	127	municipality in whose corporate limits or extraterritorial
128	128	jurisdiction the road project is located.
129	129	(b) If a road project is not located in the corporate limits
130	130	or extraterritorial jurisdiction of a municipality, the road
131	131	project must meet all applicable construction standards,
132	132	subdivision requirements, and regulations of each county in which
133	133	the road project is located.
134	134	(c) If the state will maintain and operate the road, the
135	135	Texas Transportation Commission must approve the plans and
136	136	specifications of the road project.
137	137	Sec. 8478.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
138	138	OR RESOLUTION. The district shall comply with all applicable
139	139	requirements of any ordinance or resolution that is adopted under
140	140	Section 54.016 or 54.0165, Water Code, and that consents to the
141	141	creation of the district or to the inclusion of land in the
142	142	district.
143	143	SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
144	144	Sec. 8478.151. DIVISION OF DISTRICT; PREREQUISITES. The
145	145	district may be divided into two or more new districts only if the
146	146	district:
147	147	(1) has no outstanding bonded debt; and
148	148	(2) is not imposing ad valorem taxes.
149	149	Sec. 8478.152. LAW APPLICABLE TO NEW DISTRICT. This
150	150	chapter applies to any new district created by division of the
151	151	district, and a new district has all the powers and duties of the
152	152	district.
153	153	Sec. 8478.153. LIMITATION ON AREA OF NEW DISTRICT. A new
154	154	district created by the division of the district may not, at the
155	155	time the new district is created, contain any land outside the area
156	156	described by Section 3 of the Act enacting this chapter.
157	157	Sec. 8478.154. DIVISION PROCEDURES. (a) The board, on its
158	158	own motion or on receipt of a petition signed by the owner or owners
159	159	of a majority of the assessed value of the real property in the
160	160	district, may adopt an order dividing the district.
161	161	(b) The board may adopt an order dividing the district
162	162	before or after the date the board holds an election under Section
163	163	8478.003 to confirm the district's creation.
164	164	(c) An order dividing the district must:
165	165	(1) name each new district;
166	166	(2) include the metes and bounds description of the
167	167	territory of each new district;
168	168	(3) appoint temporary directors for each new district;
169	169	and
170	170	(4) provide for the division of assets and liabilities
171	171	between the new districts.
172	172	(d) On or before the 30th day after the date of adoption of
173	173	an order dividing the district, the district shall file the order
174	174	with the commission and record the order in the real property
175	175	records of each county in which the district is located.
176	176	Sec. 8478.155. CONFIRMATION ELECTION FOR NEW DISTRICT.
177	177	(a) A new district created by the division of the district shall
178	178	hold a confirmation and directors' election as required by Section
179	179	8478.003.
180	180	(b) If the creation of the new district is confirmed, the
181	181	new district shall provide the election date and results to the
182	182	commission.
183	183	Sec. 8478.156. TAX OR BOND ELECTION. Before a new district
184	184	created by the division of the district may impose a maintenance tax
185	185	or issue bonds payable wholly or partly from ad valorem taxes, the
186	186	new district must hold an election as required by this chapter to
187	187	obtain voter approval.
188	188	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
189	189	Sec. 8478.201. ELECTIONS REGARDING TAXES OR BONDS.
190	190	(a) The district may issue, without an election, bonds and other
191	191	obligations secured by:
192	192	(1) revenue other than ad valorem taxes; or
193	193	(2) contract payments described by Section 8478.203.
194	194	(b) The district must hold an election in the manner
195	195	provided by Chapters 49 and 54, Water Code, to obtain voter approval
196	196	before the district may impose an ad valorem tax or issue bonds
197	197	payable from ad valorem taxes.
198	198	(c) The district may not issue bonds payable from ad valorem
199	199	taxes to finance a road project unless the issuance is approved by a
200	200	vote of a two-thirds majority of the district voters voting at an
201	201	election held for that purpose.
202	202	Sec. 8478.202. OPERATION AND MAINTENANCE TAX. (a) If
203	203	authorized at an election held under Section 8478.201, the district
204	204	may impose an operation and maintenance tax on taxable property in
205	205	the district in accordance with Section 49.107, Water Code.
206	206	(b) The board shall determine the tax rate. The rate may not
207	207	exceed the rate approved at the election.
208	208	Sec. 8478.203. CONTRACT TAXES. (a) In accordance with
209	209	Section 49.108, Water Code, the district may impose a tax other than
210	210	an operation and maintenance tax and use the revenue derived from
211	211	the tax to make payments under a contract after the provisions of
212	212	the contract have been approved by a majority of the district voters
213	213	voting at an election held for that purpose.
214	214	(b) A contract approved by the district voters may contain a
215	215	provision stating that the contract may be modified or amended by
216	216	the board without further voter approval.
217	217	SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
218	218	Sec. 8478.251. AUTHORITY TO ISSUE BONDS AND OTHER
219	219	OBLIGATIONS. The district may issue bonds or other obligations
220	220	payable wholly or partly from ad valorem taxes, impact fees,
221	221	revenue, contract payments, grants, or other district money, or any
222	222	combination of those sources, to pay for any authorized district
223	223	purpose.
224	224	Sec. 8478.252. TAXES FOR BONDS. At the time the district
225	225	issues bonds payable wholly or partly from ad valorem taxes, the
226	226	board shall provide for the annual imposition of a continuing
227	227	direct ad valorem tax, without limit as to rate or amount, while all
228	228	or part of the bonds are outstanding.
229	229	Sec. 8478.253. BONDS FOR ROAD PROJECTS. At the time of
230	230	issuance, the total principal amount of bonds or other obligations
231	231	issued or incurred to finance road projects and payable from ad
232	232	valorem taxes may not exceed one-fourth of the assessed value of the
233	233	real property in the district.
234	234	SECTION 3. The Harris County Municipal Utility District No.
235	235	213-A initially includes all the territory contained in the
236	236	following area:
237	237	BEING A TRACT OF LAND CONTAINING 571.898 ACRES, MORE OR LESS,
238	238	SITUATED IN THE TALCOT PATCHING SURVEY, ABSTRACT NO. 620, HARRIS
239	239	COUNTY, TEXAS, CONSISTING OF THAT CERTAIN 697.0651-ACRE TRACT
240	240	DESCRIBED BY METES AND BOUNDS BELOW, SAVE AND EXCEPT THAT CERTAIN
241	241	111.307-ACRE TRACT ("SAVE AND EXCEPT TRACT 1") DESCRIBED BY METES
242	242	AND BOUNDS BELOW, AND SAVE AND EXCEPT THAT CERTAIN 13.860-ACRE
243	243	TRACT ("SAVE AND EXCEPT TRACT 2") DESCRIBED BY METES AND BOUNDS
244	244	BELOW:
245	245	THE 697.0651-ACRE TRACT:
246	246	BEGINNING at the intersection of the westerly right-of-way line of
247	247	Garth Road (80-foot R.O.W.) and northerly right -of-way line of
248	248	Wallisville Road (60-foot R.O.W.);
249	249	THENCE, South 80°13'00" West, along said northerly line, a distance
250	250	of 1641.66 feet to a point for corner;
251	251	THENCE, North 09°47'00" West, a distance of 500.00 feet to a point
252	252	for corner;
253	253	THENCE, South 80°13'00" West, a distance of 473.58 feet to a point
254	254	for corner;
255	255	THENCE, South 23°42'00" East, a distance of 515.04 feet to a point
256	256	for corner in the aforementioned northerly line of Wallisville
257	257	Road;
258	258	THENCE, North 89°32'55" West, along said northerly line, a distance
259	259	of 2070.91 feet to a point for corner at the intersection of said
260	260	northerly line and the easterly line of Haney Road (80-foot
261	261	R.O.W.);
262	262	THENCE, North 09°27' 55" West, along said easterly line a distance
263	263	of 6843.50 feet to a point of curvature;
264	264	THENCE, in a northwesterly direction, along said easterly line,
265	265	following a curve to the left with a central angle of 29°33'35", a
266	266	radius distance of 919.82 feet, a long chord bearing North 24°14'43"
267	267	West, 469.30 feet, and a total arc length of 474.55 feet to a point
268	268	for corner;
269	269	THENCE, North 81°03'40" East, a distance of 4420.01 feet to a point
270	270	for corner in the aforementioned westerly line of Garth Road;
271	271	THENCE, South 07°26' 25" East, along said westerly line a distance
272	272	of 4640.76 feet to a point for corner;
273	273	THENCE, South 82°33'35" West, a distance of 1002.24 feet to a point
274	274	for corner;
275	275	THENCE, South 04°15'35" West, a distance of 700.00 feet to a point
276	276	for corner;
277	277	THENCE, South 85°44'25" East, a distance of 1168.47 feet to a point
278	278	for corner in the aforementioned westerly line of Garth Road;
279	279	THENCE, South 07°26'25" East, along said westerly line, a distance
280	280	of 2043.92 feet to the POINT OF BEGINNING, and CONTAINING 697.0651
281	281	acres (30,364,155 sq. ft.) of land in Harris County, Texas.
282	282	SAVE AND EXCEPT TRACT 1:
283	283	Being all of the 111.307-acre tract described in the deed to Compass
284	284	Bank recorded under Harris County Clerk's File Number 20110005202,
285	285	being more particularly described by metes and bounds as follows
286	286	(all bearings are based on the record bearings of the called 717.279
287	287	acres as described in the deed to Garth-Wallisville, Limited,
288	288	recorded under Harris County Clerk's File Number D892853):
289	289	COMMENCING at a 1-inch iron pipe found in the west right-of-way line
290	290	of Garth Road (width varies), recorded under Harris County Clerk's
291	291	File Numbers D838008, W485307 and X600931 and in Volume 858, Page
292	292	333 of the Harris County Deed Records, marking the southeast corner
293	293	of the called 89.1 acres conveyed to George Hamman in Volume 1054,
294	294	Page 259 of the Harris County Deed Records, common with the
295	295	northeast corner of said called 717.279 acre tract and the
296	296	northeast corner of the called 25,000 square feet tract conveyed to
297	297	Charles Kipple, Trustee recorded under Harris County Clerk's File
298	298	Number H510278;
299	299	THENCE, South 07°26'25" East, along said west right-of-way line and
300	300	said Garth Road, at a distance of 100.00 feet, pass the southeast
301	301	corner of said called 25,000 square feet tract, at a distance of
302	302	2,035.56 feet, pass a 5/8-inch iron rod with plastic cap stamped
303	303	"Terra Surveying" set marking the northeast corner of the called
304	304	36.93 acre tract, conveyed to Costal Industrial Water Authority
305	305	recorded under Harris County Clerk's File Number D838008, at a
306	306	distance of 2,364.83 feet, pass a 5/8-inch iron rod found marking
307	307	the southeast corner of said called 36.93 acre tract, at a distance
308	308	of 4,640.76 feet pass the northeast corner of the called 5.0000 acre
309	309	tract, conveyed to Goose Creek Independent School District,
310	310	recorded under Harris County Clerk's File Number G873953, at a
311	311	distance of 4,853.40 feet, pass the southeast corner of said called
312	312	5.0000 acre tract common with the northeast corner of a called
313	313	15.0000 acre tract conveyed to Goose Creek Independent School
314	314	District, recorded under Harris County Clerk's File Number G812757,
315	315	at a distance of 5,563.16 feet pass the southeast corner of said
316	316	called 15.0000 acre tract, in all a total distance of 5,685.71 feet
317	317	to an angle corner in said west right-of-way line;
318	318	THENCE, North 85°44'25" West, continuing said west right-of-way
319	319	line, a distance of 10.27 feet, to an angle corner in said west
320	320	right-of-way line;
321	321	THENCE, South 07°26'25" East, continuing along said west
322	322	right-of-way line, a distance of 25.02 feet to 5/8-inch iron rod
323	323	with plastic cap stamped "Terra Surveying" set marking the
324	324	northeast corner and the POINT OF BEGINNING of the herein described
325	325	tract;
326	326	THENCE, South 07°26'25" East, continuing along said west
327	327	right-of-way line, a distance of 1,870.53 feet, to a 5/8-inch iron
328	328	rod with plastic cap stamped "Terra Surveying" set marking the
329	329	north end of the northwest right-of-way line cutback line at the
330	330	intersection of said Garth Road and Wallisville Road (width
331	331	varies), as described in the deeds recorded under Harris County
332	332	Clerk's File Numbers W485307, X715895 and X600931 and in Volume
333	333	311, Page 3 of the Harris County Map Records;
334	334	THENCE, South 36°32'16" West, along said northwest right-of-way
335	335	cutback line, a distance of 21.59 feet, to a 5/8-inch iron rod with
336	336	plastic cap stamped "Terra Surveying" set marking the south end of
337	337	said right-of-way cutback line;
338	338	THENCE, South 80°30'56" West, along the north right-of-way line of
339	339	said Wallisville Road, a distance of 772.43 feet to a 5/8-inch iron
340	340	rod with plastic cap stamped "Terra Surveying" set marking an angle
341	341	corner of the herein described tract;
342	342	THENCE, South 07°18'28" East, continuing along the said north
343	343	right-of-way line, a distance of 18.57 feet to a 5/8-inch iron rod
344	344	with plastic cap stamped "Terra Surveying" set marking an angle
345	345	corner of the herein described tract;
346	346	THENCE, South 80°22'16" West, continuing along said north
347	347	right-of-way line, a distance of 844.01 feet, to an "X" in concrete
348	348	found marking the southeast corner of a called 4.727 acre tract
349	349	conveyed to Houston Lighting & Power Company in Volume 3018, Page 26
350	350	of the Harris County Deed Records, common with an angle corner of
351	351	the herein described tract;
352	352	THENCE, North 09°36'02" West, along the east line of said called
353	353	4.727 acre tract, a distance of 498.68 feet, to a 5/8-inch iron rod
354	354	found marking the northeast corner of said called 4.727 acre tract
355	355	common with an interior corner of the herein described tract;
356	356	THENCE, South 80°23'58" West, along the north line of said called
357	357	4.727 acre tract, a distance of 473.58 feet, to a 5/8-inch rod found
358	358	in the east line of a the 150-foot wide Houston Lighting & Power
359	359	Company easement recorded in Volume 3021, Page 30 of the Harris
360	360	County Deed Records, common with the east line of the 22-foot wide
361	361	Houston Lighting & Power Company easement recorded in Volume 2809,
362	362	Page 645 of the Harris County Deed Records, marking the northwest
363	363	corner of said called 4.727 acre tract common with an angle corner
364	364	of the herein described tract;
365	365	THENCE, North 23°29'12" West, along the east line of said 22-foot
366	366	wide Houston Lighting and Power easement common with the east line
367	367	of a said 150-foot Houston Lighting and Power easement, a distance
368	368	of 1,966.90 feet to a 5/8-inch iron rod with plastic cap stamped
369	369	"Terra Surveying" set in the south line of the 20-foot wide Seagull
370	370	Petrochemical Corporation pipeline easement recorded under Harris
371	371	County Clerk's File Numbers M373402 and M645320 marking the
372	372	northwest corner of the herein described tract;
373	373	THENCE, North 66°30'50" East, along the south line of said 20-foot
374	374	wide Seagull Petrochemical Corporation pipeline easement, a
375	375	distance of 26.94 feet, to a 5/8-inch iron rod with plastic cap
376	376	stamped "Terra Surveying" set marking an angle corner of the herein
377	377	described tract;
378	378	THENCE, North 79°53'08" East, continuing along said south line, a
379	379	distance of 505.26 feet, to a 5/8-inch iron rod with plastic cap
380	380	stamped "Terra Surveying" set marking an angle corner of the herein
381	381	described tract;
382	382	THENCE, South 85°44'33" East, continuing along said south line, a
383	383	distance of 2,147.85 feet, to a 5/8-inch iron rod with plastic cap
384	384	stamped "Terra Surveying" set marking an angle corner of the herein
385	385	described tract;
386	386	THENCE, North 85°52'33" East, continuing along said south line, a
387	387	distance of 32.31 feet to the POINT OF BEGINNING and containing
388	388	111.307 acres (4,848,534 square feet) of land.
389	389	SAVE AND EXCEPT TRACT 2:
390	390	Being all of the 13.860-acre tract described in the deed to Compass
391	391	Bank recorded under Harris County Clerk's File Number 20110005202
392	392	and being more particularly described by metes and bounds as
393	393	follows (all bearings are based on the record bearings of the called
394	394	717.279 acres as described in the deed to Garth-Wallisville,
395	395	Limited, recorded under Harris County Clerk's File Number D892853):
396	396	COMMENCING at a 5/8-inch iron rod with plastic cap stamped "TERRA
397	397	SURVEYING" set marking the north end of the northwest right-of-way
398	398	line cutback line at the intersection of Garth Road (width varies),
399	399	recorded under Harris County Clerk's File Numbers D838008, W485307
400	400	and X600931 and in Volume 858, Page 333 of the Harris County Deed
401	401	Records and Wallisville Road (width varies), as described in the
402	402	deeds recorded under Harris County Clerk's File Numbers W485307,
403	403	X715895 and X600931 and in Volume 311, Page 3 of the Harris County
404	404	Map Records;
405	405	THENCE, South 36°32'16" West, along said northwest right-of-way
406	406	cutback line, a distance of 21.59 feet, to a 5/8-inch iron rod with
407	407	plastic cap stamped "Terra Surveying" set marking the south end of
408	408	said right-of-way cutback line;
409	409	THENCE, South 80°30'56" West, along the north right-of-way line of
410	410	said Wallisville Road, a distance of 772.43 feet to a 5/8-inch iron
411	411	rod with plastic cap stamped "Terra Surveying" set marking an angle
412	412	corner of the herein described tract;
413	413	THENCE, South 07°18'28" East, continuing along the said north
414	414	right-of-way line, a distance of 18.57 feet to a 5/8-inch iron rod
415	415	with plastic cap stamped "Terra Surveying" set marking an angle
416	416	corner of the herein described tract;
417	417	THENCE, South 80°22'16" West, continuing along said north
418	418	right-of-way line, a distance of 1,199.32 feet, to a 5/8-inch iron
419	419	rod with plastic cap stamped "TERRA SURVEYING" set marking an angle
420	420	corner in said north right-of-way line;
421	421	THENCE, North 89°32'55" West, continuing along said north
422	422	right-of-way line, a distance of 158.75 feet to the intersection of
423	423	said north right-of-way line and the west line of the 150-foot wide
424	424	Houston Lighting & Power Company easement recorded in Volume 3021,
425	425	Page 30 of the Harris County Deed Records;
426	426	THENCE, North 23°29'10" West, along said west line, a distance of
427	427	403.68 feet to a 5/8-inch iron rod with plastic cap stamped "TERRA
428	428	SURVEYING" set marking the intersection of said west line and the
429	429	north line of the 50-foot wide Humble Oil and Refining Company
430	430	easement recorded in Volume 5296, Page 354, of the Harris County
431	431	Deed Records marking the south corner and POINT OF BEGINNING of the
432	432	herein described tract;
433	433	THENCE, North 57°51'55" West, along said north line, a distance of
434	434	1,342.79 feet to a 5/8-inch iron rod with plastic cap stamped "S & V
435	435	SURVEYING" found marking the west corner of the aforesaid 13.860
436	436	acre tract common with the west corner of the herein described
437	437	tract;
438	438	THENCE, North 51°01'12" East, along a northwesterly line of said
439	439	13.860 acre tract, a distance of 651.92 feet to a 5/8-inch iron rod
440	440	with plastic cap stamped "S & V SURVEYING" found marking an angle
441	441	corner of said 13.860 acre tract common with an angle corner of the
442	442	herein described tract;
443	443	THENCE, North 23°29'12" West, along a westerly line of said 13.860
444	444	acre tract, a distance of 832.92 feet to a 5/8-inch iron rod with
445	445	plastic cap stamped "S & V SURVEYING" found in the south line of the
446	446	called 11.46 acre San Jacinto River Authority easement marking the
447	447	northwest corner of said 13.860 acre tract common with the
448	448	northwest corner of the herein described tract;
449	449	THENCE, North 79°53'28" East, along said south line, a distance of
450	450	133.63 feet to a 5/8-inch iron rod with plastic cap stamped "S & V
451	451	SURVEYING" found marking the northeast corner of said 13.860 acre
452	452	tract common with the intersection of said south line and the
453	453	aforesaid west line of the 150-foot wide Houston Lighting & Power
454	454	Company easement and the northeast corner of the herein described
455	455	tract;
456	456	THENCE, South 23°29'10" East, along said west line, a distance of
457	457	2,084.38 feet to the POINT OF BEGINNING and containing 13.860 acres
458	458	(603,742 square feet) of land.
459	459	SECTION 4. Subtitle F, Title 6, Special District Local Laws
460	460	Code, is amended by adding Chapter 8479 to read as follows:
461	461	CHAPTER 8479. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 213-B
462	462	SUBCHAPTER A. GENERAL PROVISIONS
463	463	Sec. 8479.001. DEFINITIONS. In this chapter:
464	464	(1) "Board" means the district's board of directors.
465	465	(2) "Commission" means the Texas Commission on
466	466	Environmental Quality.
467	467	(3) "Director" means a board member.
468	468	(4) "District" means the Harris County Municipal
469	469	Utility District No. 213-B.
470	470	Sec. 8479.002. NATURE OF DISTRICT. The district is a
471	471	municipal utility district created under Section 59, Article XVI,
472	472	Texas Constitution.
473	473	Sec. 8479.003. CONFIRMATION AND DIRECTORS' ELECTION
474	474	REQUIRED. The temporary directors shall hold an election to
475	475	confirm the creation of the district and to elect five permanent
476	476	directors as provided by Section 49.102, Water Code.
477	477	Sec. 8479.004. CONSENT OF MUNICIPALITY REQUIRED. The
478	478	temporary directors may not hold an election under Section 8479.003
479	479	until each municipality in whose corporate limits or
480	480	extraterritorial jurisdiction the district is located has
481	481	consented by ordinance or resolution to the creation of the
482	482	district and to the inclusion of land in the district.
483	483	Sec. 8479.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
484	484	(a) The district is created to serve a public purpose and benefit.
485	485	(b) The district is created to accomplish the purposes of:
486	486	(1) a municipal utility district as provided by
487	487	general law and Section 59, Article XVI, Texas Constitution; and
488	488	(2) Section 52, Article III, Texas Constitution, that
489	489	relate to the construction, acquisition, improvement, operation,
490	490	or maintenance of macadamized, graveled, or paved roads, or
491	491	improvements, including storm drainage, in aid of those roads.
492	492	Sec. 8479.006. INITIAL DISTRICT TERRITORY. (a) The
493	493	district is initially composed of the territory described by
494	494	Section 5 of the Act enacting this chapter.
495	495	(b) The boundaries and field notes contained in Section 5 of
496	496	the Act enacting this chapter form a closure. A mistake made in the
497	497	field notes or in copying the field notes in the legislative process
498	498	does not affect the district's:
499	499	(1) organization, existence, or validity;
500	500	(2) right to issue any type of bond for the purposes
501	501	for which the district is created or to pay the principal of and
502	502	interest on a bond;
503	503	(3) right to impose a tax; or
504	504	(4) legality or operation.
505	505	Sec. 8479.007. ANNEXATION BY MUNICIPALITY.
506	506	Notwithstanding any other law, if all of the territory of the
507	507	district is annexed by a municipality into the corporate limits of
508	508	that municipality before the date of the election under Section
509	509	8479.003, the district may not be dissolved and shall continue
510	510	until the district is dissolved under Section 43.074, Local
511	511	Government Code.
512	512	SUBCHAPTER B. BOARD OF DIRECTORS
513	513	Sec. 8479.051. GOVERNING BODY; TERMS. (a) The district is
514	514	governed by a board of five elected directors.
515	515	(b) Except as provided by Section 8479.052, directors serve
516	516	staggered four-year terms.
517	517	Sec. 8479.052. TEMPORARY DIRECTORS. (a) On or after
518	518	September 1, 2013, the owner or owners of a majority of the assessed
519	519	value of the real property in the district may submit a petition to
520	520	the commission requesting that the commission appoint as temporary
521	521	directors the five persons named in the petition. The commission
522	522	shall appoint as temporary directors the five persons named in the
523	523	petition.
524	524	(b) Temporary directors serve until the earlier of:
525	525	(1) the date permanent directors are elected under
526	526	Section 8479.003; or
527	527	(2) September 1, 2017.
528	528	(c) If permanent directors have not been elected under
529	529	Section 8479.003 and the terms of the temporary directors have
530	530	expired, successor temporary directors shall be appointed or
531	531	reappointed as provided by Subsection (d) to serve terms that
532	532	expire on the earlier of:
533	533	(1) the date permanent directors are elected under
534	534	Section 8479.003; or
535	535	(2) the fourth anniversary of the date of the
536	536	appointment or reappointment.
537	537	(d) If Subsection (c) applies, the owner or owners of a
538	538	majority of the assessed value of the real property in the district
539	539	may submit a petition to the commission requesting that the
540	540	commission appoint as successor temporary directors the five
541	541	persons named in the petition. The commission shall appoint as
542	542	successor temporary directors the five persons named in the
543	543	petition.
544	544	SUBCHAPTER C. POWERS AND DUTIES
545	545	Sec. 8479.101. GENERAL POWERS AND DUTIES. The district has
546	546	the powers and duties necessary to accomplish the purposes for
547	547	which the district is created.
548	548	Sec. 8479.102. MUNICIPAL UTILITY DISTRICT POWERS AND
549	549	DUTIES. The district has the powers and duties provided by the
550	550	general law of this state, including Chapters 49 and 54, Water Code,
551	551	applicable to municipal utility districts created under Section 59,
552	552	Article XVI, Texas Constitution.
553	553	Sec. 8479.103. AUTHORITY FOR ROAD PROJECTS. Under Section
554	554	52, Article III, Texas Constitution, the district may design,
555	555	acquire, construct, finance, issue bonds for, improve, operate,
556	556	maintain, and convey to this state, a county, or a municipality for
557	557	operation and maintenance macadamized, graveled, or paved roads, or
558	558	improvements, including storm drainage, in aid of those roads.
559	559	Sec. 8479.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
560	560	road project must meet all applicable construction standards,
561	561	zoning and subdivision requirements, and regulations of each
562	562	municipality in whose corporate limits or extraterritorial
563	563	jurisdiction the road project is located.
564	564	(b) If a road project is not located in the corporate limits
565	565	or extraterritorial jurisdiction of a municipality, the road
566	566	project must meet all applicable construction standards,
567	567	subdivision requirements, and regulations of each county in which
568	568	the road project is located.
569	569	(c) If the state will maintain and operate the road, the
570	570	Texas Transportation Commission must approve the plans and
571	571	specifications of the road project.
572	572	Sec. 8479.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
573	573	OR RESOLUTION. The district shall comply with all applicable
574	574	requirements of any ordinance or resolution that is adopted under
575	575	Section 54.016 or 54.0165, Water Code, and that consents to the
576	576	creation of the district or to the inclusion of land in the
577	577	district.
578	578	SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
579	579	Sec. 8479.151. DIVISION OF DISTRICT; PREREQUISITES. The
580	580	district may be divided into two or more new districts only if the
581	581	district:
582	582	(1) has no outstanding bonded debt; and
583	583	(2) is not imposing ad valorem taxes.
584	584	Sec. 8479.152. LAW APPLICABLE TO NEW DISTRICT. This
585	585	chapter applies to any new district created by division of the
586	586	district, and a new district has all the powers and duties of the
587	587	district.
588	588	Sec. 8479.153. LIMITATION ON AREA OF NEW DISTRICT. A new
589	589	district created by the division of the district may not, at the
590	590	time the new district is created, contain any land outside the area
591	591	described by Section 5 of the Act enacting this chapter.
592	592	Sec. 8479.154. DIVISION PROCEDURES. (a) The board, on its
593	593	own motion or on receipt of a petition signed by the owner or owners
594	594	of a majority of the assessed value of the real property in the
595	595	district, may adopt an order dividing the district.
596	596	(b) The board may adopt an order dividing the district
597	597	before or after the date the board holds an election under Section
598	598	8479.003 to confirm the district's creation.
599	599	(c) An order dividing the district must:
600	600	(1) name each new district;
601	601	(2) include the metes and bounds description of the
602	602	territory of each new district;
603	603	(3) appoint temporary directors for each new district;
604	604	and
605	605	(4) provide for the division of assets and liabilities
606	606	between the new districts.
607	607	(d) On or before the 30th day after the date of adoption of
608	608	an order dividing the district, the district shall file the order
609	609	with the commission and record the order in the real property
610	610	records of each county in which the district is located.
611	611	Sec. 8479.155. CONFIRMATION ELECTION FOR NEW DISTRICT.
612	612	(a) A new district created by the division of the district shall
613	613	hold a confirmation and directors' election as required by Section
614	614	8479.003.
615	615	(b) If the creation of the new district is confirmed, the
616	616	new district shall provide the election date and results to the
617	617	commission.
618	618	Sec. 8479.156. TAX OR BOND ELECTION. Before a new district
619	619	created by the division of the district may impose a maintenance tax
620	620	or issue bonds payable wholly or partly from ad valorem taxes, the
621	621	new district must hold an election as required by this chapter to
622	622	obtain voter approval.
623	623	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
624	624	Sec. 8479.201. ELECTIONS REGARDING TAXES OR BONDS.
625	625	(a) The district may issue, without an election, bonds and other
626	626	obligations secured by:
627	627	(1) revenue other than ad valorem taxes; or
628	628	(2) contract payments described by Section 8479.203.
629	629	(b) The district must hold an election in the manner
630	630	provided by Chapters 49 and 54, Water Code, to obtain voter approval
631	631	before the district may impose an ad valorem tax or issue bonds
632	632	payable from ad valorem taxes.
633	633	(c) The district may not issue bonds payable from ad valorem
634	634	taxes to finance a road project unless the issuance is approved by a
635	635	vote of a two-thirds majority of the district voters voting at an
636	636	election held for that purpose.
637	637	Sec. 8479.202. OPERATION AND MAINTENANCE TAX. (a) If
638	638	authorized at an election held under Section 8479.201, the district
639	639	may impose an operation and maintenance tax on taxable property in
640	640	the district in accordance with Section 49.107, Water Code.
641	641	(b) The board shall determine the tax rate. The rate may not
642	642	exceed the rate approved at the election.
643	643	Sec. 8479.203. CONTRACT TAXES. (a) In accordance with
644	644	Section 49.108, Water Code, the district may impose a tax other than
645	645	an operation and maintenance tax and use the revenue derived from
646	646	the tax to make payments under a contract after the provisions of
647	647	the contract have been approved by a majority of the district voters
648	648	voting at an election held for that purpose.
649	649	(b) A contract approved by the district voters may contain a
650	650	provision stating that the contract may be modified or amended by
651	651	the board without further voter approval.
652	652	SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
653	653	Sec. 8479.251. AUTHORITY TO ISSUE BONDS AND OTHER
654	654	OBLIGATIONS. The district may issue bonds or other obligations
655	655	payable wholly or partly from ad valorem taxes, impact fees,
656	656	revenue, contract payments, grants, or other district money, or any
657	657	combination of those sources, to pay for any authorized district
658	658	purpose.
659	659	Sec. 8479.252. TAXES FOR BONDS. At the time the district
660	660	issues bonds payable wholly or partly from ad valorem taxes, the
661	661	board shall provide for the annual imposition of a continuing
662	662	direct ad valorem tax, without limit as to rate or amount, while all
663	663	or part of the bonds are outstanding.
664	664	Sec. 8479.253. BONDS FOR ROAD PROJECTS. At the time of
665	665	issuance, the total principal amount of bonds or other obligations
666	666	issued or incurred to finance road projects and payable from ad
667	667	valorem taxes may not exceed one-fourth of the assessed value of the
668	668	real property in the district.
669	669	SECTION 5. The Harris County Municipal Utility District
670	670	No. 213-B initially includes all the territory contained in the
671	671	following area:
672	672	Tract 1 and Tract 2 collectively containing 125.167 acres
673	673	(5,452,276 square feet) of land situated in the Talcott Patching
674	674	Survey, Abstract Number 620, Harris County, Texas, and being all of
675	675	the 111.307 acre tract and all of the 13.860 acre tract described in
676	676	the deed to Compass Bank, recorded under Harris County Clerk's File
677	677	Number 20110005202; said 125.167 acres being more particularly
678	678	described in two tracts by metes and bounds as follows (all bearings
679	679	are based on the record bearings of the called 717.279 acres as
680	680	described in the deed to Garth-Wallisville, Limited, recorded under
681	681	Harris County Clerk's File Number D892853):
682	682	Tract 1:
683	683	COMMENCING at a 1-inch iron pipe found in the west right-of-way line
684	684	of Garth Road (width varies), recorded under Harris County Clerk's
685	685	File Numbers D838008, W485307 and X600931 and in Volume 858, Page
686	686	333 of the Harris County Deed Records, marking the southeast corner
687	687	of the called 89.1 acres conveyed to George Hamman in Volume 1054,
688	688	Page 259 of the Harris County Deed Records, common with the
689	689	northeast corner of said called 717.279 acre tract and the
690	690	northeast corner of the called 25,000 square feet tract conveyed to
691	691	Charles Kipple, Trustee recorded under Harris County Clerk's File
692	692	Number H510278;
693	693	THENCE, South 07°26'25" East, along said west right-of-way line and
694	694	said Garth Road, at a distance of 100.00 feet, pass the southeast
695	695	corner of said called 25,000 square feet tract, at a distance of
696	696	2,035.56 feet, pass a 5/8-inch iron rod with plastic cap stamped
697	697	"Terra Surveying" set marking the northeast corner of the called
698	698	36.93 acre tract, conveyed to Costal Industrial Water Authority
699	699	recorded under Harris County Clerk's File Number D838008, at a
700	700	distance of 2,364.83 feet, pass a 5/8-inch iron rod found marking
701	701	the southeast corner of said called 36.93 acre tract, at a distance
702	702	of 4,640.76 feet pass the northeast corner of the called 5.0000 acre
703	703	tract, conveyed to Goose Creek Independent School District,
704	704	recorded under Harris County Clerk's File Number G873953, at a
705	705	distance of 4,853.40 feet, pass the southeast corner of said called
706	706	5.0000 acre tract common with the northeast corner of a called
707	707	15.0000 acre tract conveyed to Goose Creek Independent School
708	708	District, recorded under Harris County Clerk's File Number G812757,
709	709	at a distance of 5,563.16 feet pass the southeast corner of said
710	710	called 15.0000 acre tract, in all a total distance of 5,685.71 feet
711	711	to an angle corner in said west right-of-way line;
712	712	THENCE, North 85°44'25" West, continuing said west right-of-way
713	713	line, a distance of 10.27 feet, to an angle corner in said west
714	714	right-of-way line;
715	715	THENCE, South 07°26'25" East, continuing along said west
716	716	right-of-way line, a distance of 25.02 feet to 5/8-inch iron rod
717	717	with plastic cap stamped "Terra Surveying" set marking the
718	718	northeast corner and the POINT OF BEGINNING of the herein described
719	719	tract;
720	720	THENCE, South 07°26'25" East, continuing along said west
721	721	right-of-way line, a distance of 1,870.53 feet, to a 5/8-inch iron
722	722	rod with plastic cap stamped "Terra Surveying" set marking the
723	723	north end of the northwest right-of-way line cutback line at the
724	724	intersection of said Garth Road and Wallisville Road (width
725	725	varies), as described in the deeds recorded under Harris County
726	726	Clerk's File Numbers W485307, X715895 and X600931 and in Volume
727	727	311, Page 3 of the Harris County Map Records;
728	728	THENCE, South 36°32'16" West, along said northwest right-of-way
729	729	cutback line, a distance of 21.59 feet, to a 5/8-inch iron rod with
730	730	plastic cap stamped "Terra Surveying" set marking the south end of
731	731	said right-of-way cutback line;
732	732	THENCE, South 80°30'56" West, along the north right-of-way line of
733	733	said Wallisville Road, a distance of 772.43 feet to a 5/8-inch iron
734	734	rod with plastic cap stamped "Terra Surveying" set marking an angle
735	735	corner of the herein described tract;
736	736	THENCE, South 07°18'28" East, continuing along the said north
737	737	right-of-way line, a distance of 18.57 feet to a 5/8-inch iron rod
738	738	with plastic cap stamped "Terra Surveying" set marking an angle
739	739	corner of the herein described tract;
740	740	THENCE, South 80°22'16" West, continuing along said north
741	741	right-of-way line, a distance of 844.01 feet, to an "X" in concrete
742	742	found marking the southeast corner of a called 4.727 acre tract
743	743	conveyed to Houston Lighting & Power Company in Volume 3018, Page 26
744	744	of the Harris County Deed Records, common with an angle corner of
745	745	the herein described tract;
746	746	THENCE, North 09°36'02" West, along the east line of said called
747	747	4.727 acre tract, a distance of 498.68 feet, to a 5/8-inch iron rod
748	748	found marking the northeast corner of said called 4.727 acre tract
749	749	common with an interior corner of the herein described tract;
750	750	THENCE, South 80°23'58" West, along the north line of said called
751	751	4.727 acre tract, a distance of 473.58 feet, to a 5/8-inch rod found
752	752	in the east line of a the 150-foot wide Houston Lighting & Power
753	753	Company easement recorded in Volume 3021, Page 30 of the Harris
754	754	County Deed Records, common with the east line of the 22-foot wide
755	755	Houston Lighting & Power Company easement recorded in Volume 2809,
756	756	Page 645 of the Harris County Deed Records, marking the northwest
757	757	corner of said called 4.727 acre tract common with an angle corner
758	758	of the herein described tract;
759	759	THENCE, North 23°29'12" West, along the east line of said 22-foot
760	760	wide Houston Lighting and Power easement common with the east line
761	761	of a said 150-foot Houston Lighting and Power easement, a distance
762	762	of 1,966.90 feet to a 5/8-inch iron rod with plastic cap stamped
763	763	"Terra Surveying" set in the south line of the 20-foot wide Seagull
764	764	Petrochemical Corporation pipeline easement recorded under Harris
765	765	County Clerk's File Numbers M373402 and M645320 marking the
766	766	northwest corner of the herein described tract;
767	767	THENCE, North 66°30'50" East, along the south line of said 20-foot
768	768	wide Seagull Petrochemical Corporation pipeline easement, a
769	769	distance of 26.94 feet, to a 5/8-inch iron rod with plastic cap
770	770	stamped "Terra Surveying" set marking an angle corner of the herein
771	771	described tract;
772	772	THENCE, North 79°53'08" East, continuing along said south line, a
773	773	distance of 505.26 feet, to a 5/8-inch iron rod with plastic cap
774	774	stamped "Terra Surveying" set marking an angle corner of the herein
775	775	described tract;
776	776	THENCE, South 85°44'33" East, continuing along said south line, a
777	777	distance of 2,147.85 feet, to a 5/8-inch iron rod with plastic cap
778	778	stamped "Terra Surveying" set marking an angle corner of the herein
779	779	described tract;
780	780	THENCE, North 85°52'33" East, continuing along said south line, a
781	781	distance of 32.31 feet to the POINT OF BEGINNING and containing
782	782	111.307 acres (4,848,534 square feet) of land.
783	783	Tract 2:
784	784	COMMENCING at a 5/8-inch iron rod with plastic cap stamped "TERRA
785	785	SURVEYING" set marking the north end of the northwest right-of-way
786	786	line cutback line at the intersection of Garth Road (width varies),
787	787	recorded under Harris County Clerk's File Numbers D838008, W485307
788	788	and X600931 and in Volume 858, Page 333 of the Harris County Deed
789	789	Records and Wallisville Road (width varies), as described in the
790	790	deeds recorded under Harris County Clerk's File Numbers W485307,
791	791	X715895 and X600931 and in Volume 311, Page 3 of the Harris County
792	792	Map Records;
793	793	THENCE, South 36°32'16" West, along said northwest right-of-way
794	794	cutback line, a distance of 21.59 feet, to a 5/8-inch iron rod with
795	795	plastic cap stamped "Terra Surveying" set marking the south end of
796	796	said right-of-way cutback line;
797	797	THENCE, South 80°30'56" West, along the north right-of-way line of
798	798	said Wallisville Road, a distance of 772.43 feet to a 5/8-inch iron
799	799	rod with plastic cap stamped "Terra Surveying" set marking an angle
800	800	corner of the herein described tract;
801	801	THENCE, South 07°18'28" East, continuing along the said north
802	802	right-of-way line, a distance of 18.57 feet to a 5/8-inch iron rod
803	803	with plastic cap stamped "Terra Surveying" set marking an angle
804	804	corner of the herein described tract;
805	805	THENCE, South 80°22'16" West, continuing along said north
806	806	right-of-way line, a distance of 1,199.32 feet, to a 5/8-inch iron
807	807	rod with plastic cap stamped "TERRA SURVEYING" set marking an angle
808	808	corner in said north right-of-way line;
809	809	THENCE, North 89°32'55" West, continuing along said north
810	810	right-of-way line, a distance of 158.75 feet to the intersection of
811	811	said north right-of-way line and the west line of the 150-foot wide
812	812	Houston Lighting & Power Company easement recorded in Volume 3021,
813	813	Page 30 of the Harris County Deed Records;
814	814	THENCE, North 23°29'10" West, along said west line, a distance of
815	815	403.68 feet to a 5/8-inch iron rod with plastic cap stamped "TERRA
816	816	SURVEYING" set marking the intersection of said west line and the
817	817	north line of the 50-foot wide Humble Oil and Refining Company
818	818	easement recorded in Volume 5296, Page 354, of the Harris County
819	819	Deed Records marking the south corner and POINT OF BEGINNING of the
820	820	herein described tract;
821	821	THENCE, North 57°51'55" West, along said north line, a distance of
822	822	1,342.79 feet to a 5/8-inch iron rod with plastic cap stamped "S & V
823	823	SURVEYING" found marking the west corner of the aforesaid 13.860
824	824	acre tract common with the west corner of the herein described
825	825	tract;
826	826	THENCE, North 51°01'12" East, along a northwesterly line of said
827	827	13.860 acre tract, a distance of 651.92 feet to a 5/8-inch iron rod
828	828	with plastic cap stamped "S & V SURVEYING" found marking an angle
829	829	corner of said 13.860 acre tract common with an angle corner of the
830	830	herein described tract;
831	831	THENCE, North 23°29'12" West, along a westerly line of said 13.860
832	832	acre tract, a distance of 832.92 feet to a 5/8-inch iron rod with
833	833	plastic cap stamped "S & V SURVEYING" found in the south line of the
834	834	called 11.46 acre San Jacinto River Authority easement marking the
835	835	northwest corner of said 13.860 acre tract common with the
836	836	northwest corner of the herein described tract;
837	837	THENCE, North 79°53'28" East, along said south line, a distance of
838	838	133.63 feet to a 5/8-inch iron rod with plastic cap stamped "S & V
839	839	SURVEYING" found marking the northeast corner of said 13.860 acre
840	840	tract common with the intersection of said south line and the
841	841	aforesaid west line of the 150-foot wide Houston Lighting & Power
842	842	Company easement and the northeast corner of the herein described
843	843	tract;
844	844	THENCE, South 23°29'10" East, along said west line, a distance of
845	845	2,084.38 feet to the POINT OF BEGINNING and containing 13.860 acres
846	846	(603,742 square feet) of land.
847	847	SECTION 6. (a) The legal notice of the intention to
848	848	introduce this Act, setting forth the general substance of this
849	849	Act, has been published as provided by law, and the notice and a
850	850	copy of this Act have been furnished to all persons, agencies,
851	851	officials, or entities to which they are required to be furnished
852	852	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
853	853	Government Code.
854	854	(b) The governor, one of the required recipients, has
855	855	submitted the notice and Act to the Texas Commission on
856	856	Environmental Quality.
857	857	(c) The Texas Commission on Environmental Quality has filed
858	858	its recommendations relating to this Act with the governor, the
859	859	lieutenant governor, and the speaker of the house of
860	860	representatives within the required time.
861	861	(d) All requirements of the constitution and laws of this
862	862	state and the rules and procedures of the legislature with respect
863	863	to the notice, introduction, and passage of this Act are fulfilled
864	864	and accomplished.
865	865	SECTION 7. (a) If this Act does not receive a two-thirds
866	866	vote of all the members elected to each house, Subchapter C, Chapter
867	867	8478, Special District Local Laws Code, as added by Section 2 of
868	868	this Act, is amended by adding Section 8478.106 to read as follows:
869	869	Sec. 8478.106. NO EMINENT DOMAIN POWER. The district may
870	870	not exercise the power of eminent domain.
871	871	(b) This section is not intended to be an expression of a
872	872	legislative interpretation of the requirements of Subsection (c),
873	873	Section 17, Article I, Texas Constitution.
874	874	SECTION 8. (a) If this Act does not receive a two-thirds
875	875	vote of all the members elected to each house, Subchapter C, Chapter
876	876	8479, Special District Local Laws Code, as added by Section 4 of
877	877	this Act, is amended by adding Section 8479.106 to read as follows:
878	878	Sec. 8479.106. NO EMINENT DOMAIN POWER. The district may
879	879	not exercise the power of eminent domain.
880	880	(b) This section is not intended to be an expression of a
881	881	legislative interpretation of the requirements of Subsection (c),
882	882	Section 17, Article I, Texas Constitution.
883	883	SECTION 9. This Act takes effect September 1, 2013.
884	884	* * * * *