Texas 2013 - 83rd Regular

Texas Senate Bill SB1921 Compare Versions

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1	1	By: Hegar S.B. No. 1921
2	2	(Stephenson)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of Kendleton Improvement District;
8	8	providing authority to issue bonds; providing authority to impose
9	9	assessments, fees, or taxes.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 4, Special District Local Laws
12	12	Code, is amended by adding Chapter 3928 to read as follows:
13	13	CHAPTER 3928. KENDLETON IMPROVEMENT DISTRICT
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 3928.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "City" means the City of Kendleton.
18	18	(3) "County" means Fort Bend County.
19	19	(4) "Director" means a board member.
20	20	(5) "District" means the Kendleton Improvement
21	21	District.
22	22	Sec. 3928.002. NATURE OF DISTRICT. The Kendleton
23	23	Improvement District is a special district created under Section
24	24	59, Article XVI, Texas Constitution.
25	25	Sec. 3928.003. PURPOSE; DECLARATION OF INTENT. (a) The
26	26	creation of the district is essential to accomplish the purposes of
27	27	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
28	28	Texas Constitution, and other public purposes stated in this
29	29	chapter. By creating the district and in authorizing the city, the
30	30	county, and other political subdivisions to contract with the
31	31	district, the legislature has established a program to accomplish
32	32	the public purposes set out in Section 52-a, Article III, Texas
33	33	Constitution.
34	34	(b) The creation of the district is necessary to promote,
35	35	develop, encourage, and maintain employment, commerce,
36	36	transportation, housing, tourism, recreation, the arts,
37	37	entertainment, economic development, safety, and the public
38	38	welfare in the district.
39	39	(c) This chapter and the creation of the district may not be
40	40	interpreted to relieve the city or the county from providing the
41	41	level of services provided as of the effective date of the Act
42	42	enacting this chapter to the area in the district. The district is
43	43	created to supplement and not to supplant city or county services
44	44	provided in the district.
45	45	Sec. 3928.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
46	46	(a) The district is created to serve a public use and benefit.
47	47	(b) All land and other property included in the district
48	48	will benefit from the improvements and services to be provided by
49	49	the district under powers conferred by Sections 52 and 52-a,
50	50	Article III, and Section 59, Article XVI, Texas Constitution, and
51	51	other powers granted under this chapter.
52	52	(c) The creation of the district is in the public interest
53	53	and is essential to further the public purposes of:
54	54	(1) developing and diversifying the economy of the
55	55	state;
56	56	(2) eliminating unemployment and underemployment; and
57	57	(3) developing or expanding transportation and
58	58	commerce.
59	59	(d) The district will:
60	60	(1) promote the health, safety, and general welfare of
61	61	residents, employers, potential employees, employees, visitors,
62	62	and consumers in the district, and of the public;
63	63	(2) provide needed funding for the district to
64	64	preserve, maintain, and enhance the economic health and vitality of
65	65	the district territory as a community and business center;
66	66	(3) promote the health, safety, welfare, and enjoyment
67	67	of the public by providing pedestrian ways and by landscaping and
68	68	developing certain areas in the district, which are necessary for
69	69	the restoration, preservation, and enhancement of scenic beauty;
70	70	and
71	71	(4) provide for water, wastewater, drainage, road,
72	72	rail, and recreational facilities for the district.
73	73	(e) Pedestrian ways along or across a street, whether at
74	74	grade or above or below the surface, and street lighting, street
75	75	landscaping, parking, and street art objects are parts of and
76	76	necessary components of a street and are considered to be a street
77	77	or road improvement.
78	78	(f) The district will not act as the agent or
79	79	instrumentality of any private interest even though the district
80	80	will benefit many private interests as well as the public.
81	81	Sec. 3928.005. INITIAL DISTRICT TERRITORY. (a) The
82	82	district is initially composed of the territory described by
83	83	Section 2 of the Act enacting this chapter.
84	84	(b) The boundaries and field notes contained in Section 2 of
85	85	the Act enacting this chapter form a closure. A mistake in the
86	86	field notes or in copying the field notes in the legislative process
87	87	does not affect the district's:
88	88	(1) organization, existence, or validity;
89	89	(2) right to issue any type of bonds for the purposes
90	90	for which the district is created or to pay the principal of and
91	91	interest on the bonds;
92	92	(3) right to impose or collect an assessment or tax; or
93	93	(4) legality or operation.
94	94	Sec. 3928.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
95	95	All or any part of the area of the district is eligible to be
96	96	included in:
97	97	(1) a tax increment reinvestment zone created under
98	98	Chapter 311, Tax Code;
99	99	(2) a tax abatement reinvestment zone created under
100	100	Chapter 312, Tax Code;
101	101	(3) an enterprise zone created under Chapter 2303,
102	102	Government Code; or
103	103	(4) an industrial district created under Chapter 42,
104	104	Local Government Code.
105	105	Sec. 3928.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
106	106	DISTRICTS LAW. Except as otherwise provided by this chapter,
107	107	Chapter 375, Local Government Code, applies to the district.
108	108	Sec. 3928.008. CONSTRUCTION OF CHAPTER. This chapter shall
109	109	be liberally construed in conformity with the findings and purposes
110	110	stated in this chapter.
111	111	SUBCHAPTER B. BOARD OF DIRECTORS
112	112	Sec. 3928.051. GOVERNING BODY; TERMS. (a) The district is
113	113	governed by a board of five voting directors who serve staggered
114	114	terms of four years, with two or three directors' terms expiring
115	115	June 1 of each odd-numbered year.
116	116	(b) The board by resolution may change the number of voting
117	117	directors on the board if the board determines that the change is in
118	118	the best interest of the district. The board may not consist of
119	119	fewer than 5 or more than 15 directors.
120	120	Sec. 3928.052. APPOINTMENT OF VOTING DIRECTORS. The Texas
121	121	Commission on Environmental Quality shall appoint voting directors
122	122	from persons recommended by the board.
123	123	Sec. 3928.053. NONVOTING DIRECTORS. The board may appoint
124	124	nonvoting directors to serve at the pleasure of the voting
125	125	directors.
126	126	Sec. 3928.054. QUORUM. For purposes of determining the
127	127	requirements for a quorum of the board, the following are not
128	128	counted:
129	129	(1) a board position vacant for any reason, including
130	130	death, resignation, or disqualification;
131	131	(2) a director who is abstaining from participation in
132	132	a vote because of a conflict of interest; or
133	133	(3) a nonvoting director.
134	134	Sec. 3928.055. COMPENSATION. A director is entitled to
135	135	receive fees of office and reimbursement for actual expenses as
136	136	provided by Section 49.060, Water Code. Sections 375.069 and
137	137	375.070, Local Government Code, do not apply to the board.
138	138	Sec. 3928.056. INITIAL VOTING DIRECTORS. (a) The initial
139	139	board consists of the following directors:
140	140	Pos. No. Name of Director Pos. No. Name of Director
141	141	Pos. No. Name of Director
142	142	1. Bouche Mickey 1. Bouche Mickey
143	143	1. Bouche Mickey
144	144	2. Abe Soloman 2. Abe Soloman
145	145	2. Abe Soloman
146	146	3. Kanzetta Allen 3. Kanzetta Allen
147	147	3. Kanzetta Allen
148	148	4. Christopher Humphrey 4. Christopher Humphrey
149	149	4. Christopher Humphrey
150	150	5. Melvin Petitt 5. Melvin Petitt
151	151	5. Melvin Petitt
152	152	(b) Of the initial directors, the terms of directors
153	153	appointed for positions one through three expire June 1, 2015, and
154	154	the terms of directors appointed for positions four and five expire
155	155	June 1, 2017.
156	156	(c) Section 3928.052 does not apply to this section.
157	157	(d) This section expires September 1, 2017.
158	158	SUBCHAPTER C. POWERS AND DUTIES
159	159	Sec. 3928.101. GENERAL POWERS AND DUTIES. The district has
160	160	the powers and duties necessary to accomplish the purposes for
161	161	which the district is created.
162	162	Sec. 3928.102. IMPROVEMENT PROJECTS AND SERVICES. The
163	163	district may provide, design, construct, acquire, improve,
164	164	relocate, operate, maintain, or finance an improvement project or
165	165	service using any money available to the district, or contract with
166	166	a governmental or private entity to provide, design, construct,
167	167	acquire, improve, relocate, operate, maintain, or finance an
168	168	improvement project or service authorized under this chapter or
169	169	Chapter 375, Local Government Code.
170	170	Sec. 3928.103. RAIL FACILITIES. The district may
171	171	construct, acquire, improve, maintain, and operate rail facilities
172	172	and improvements in aid of those facilities.
173	173	Sec. 3928.104. DEVELOPMENT CORPORATION POWERS. The
174	174	district, using money available to the district, may exercise the
175	175	powers given to a development corporation under Chapter 505, Local
176	176	Government Code, including the power to own, operate, acquire,
177	177	construct, lease, improve, or maintain a project under that
178	178	chapter.
179	179	Sec. 3928.105. NONPROFIT CORPORATION. (a) The board by
180	180	resolution may authorize the creation of a nonprofit corporation to
181	181	assist and act for the district in implementing a project or
182	182	providing a service authorized by this chapter.
183	183	(b) The nonprofit corporation:
184	184	(1) has each power of and is considered to be a local
185	185	government corporation created under Subchapter D, Chapter 431,
186	186	Transportation Code; and
187	187	(2) may implement any project and provide any service
188	188	authorized by this chapter.
189	189	(c) The board shall appoint the board of directors of the
190	190	nonprofit corporation. The board of directors of the nonprofit
191	191	corporation shall serve in the same manner as the board of directors
192	192	of a local government corporation created under Subchapter D,
193	193	Chapter 431, Transportation Code, except that a board member is not
194	194	required to reside in the district.
195	195	Sec. 3928.106. AGREEMENTS; GRANTS. (a) As provided by
196	196	Chapter 375, Local Government Code, the district may make an
197	197	agreement with or accept a gift, grant, or loan from any person.
198	198	(b) The implementation of a project is a governmental
199	199	function or service for the purposes of Chapter 791, Government
200	200	Code.
201	201	Sec. 3928.107. LAW ENFORCEMENT SERVICES. To protect the
202	202	public interest, the district may contract with a qualified party,
203	203	including the county or the city, to provide law enforcement
204	204	services in the district for a fee.
205	205	Sec. 3928.108. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
206	206	district may join and pay dues to a charitable or nonprofit
207	207	organization that performs a service or provides an activity
208	208	consistent with the furtherance of a district purpose.
209	209	Sec. 3928.109. ECONOMIC DEVELOPMENT. (a) The district may
210	210	engage in activities that accomplish the economic development
211	211	purposes of the district.
212	212	(b) The district may establish and provide for the
213	213	administration of one or more programs to promote state or local
214	214	economic development and to stimulate business and commercial
215	215	activity in the district, including programs to:
216	216	(1) make loans and grants of public money; and
217	217	(2) provide district personnel and services.
218	218	(c) The district may create economic development programs
219	219	and exercise the economic development powers provided to
220	220	municipalities by:
221	221	(1) Chapter 380, Local Government Code; and
222	222	(2) Subchapter A, Chapter 1509, Government Code.
223	223	Sec. 3928.110. PARKING FACILITIES. (a) The district may
224	224	acquire, lease as lessor or lessee, construct, develop, own,
225	225	operate, and maintain parking facilities or a system of parking
226	226	facilities, including lots, garages, parking terminals, or other
227	227	structures or accommodations for parking motor vehicles off the
228	228	streets and related appurtenances.
229	229	(b) The district's parking facilities serve the public
230	230	purposes of the district and are owned, used, and held for a public
231	231	purpose even if leased or operated by a private entity for a term of
232	232	years.
233	233	(c) The district's parking facilities are parts of and
234	234	necessary components of a street and are considered to be a street
235	235	or road improvement.
236	236	(d) The development and operation of the district's parking
237	237	facilities may be considered an economic development program.
238	238	Sec. 3928.111. STRATEGIC PARTNERSHIP AGREEMENT. The
239	239	district may negotiate and enter into a written strategic
240	240	partnership agreement under Section 43.0751, Local Government
241	241	Code, with a municipality in whose extraterritorial jurisdiction
242	242	the district is located.
243	243	Sec. 3928.112. ANNEXATION OR EXCLUSION OF LAND. (a) The
244	244	district may annex land as provided by Subchapter J, Chapter 49,
245	245	Water Code.
246	246	(b) The district may exclude land as provided by Subchapter
247	247	J, Chapter 49, Water Code. Section 375.044(b), Local Government
248	248	Code, does not apply to the district.
249	249	Sec. 3928.113. NO EMINENT DOMAIN POWER. The district may
250	250	not exercise the power of eminent domain.
251	251	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
252	252	Sec. 3928.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
253	253	board by resolution shall establish the number of directors'
254	254	signatures and the procedure required for a disbursement or
255	255	transfer of district money.
256	256	Sec. 3928.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
257	257	The district may acquire, construct, finance, operate, or maintain
258	258	any improvement or service authorized under this chapter or Chapter
259	259	375, Local Government Code, using any money available to the
260	260	district.
261	261	Sec. 3928.153. PETITION REQUIRED FOR FINANCING SERVICES AND
262	262	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
263	263	service or improvement project with assessments under this chapter
264	264	unless a written petition requesting that service or improvement
265	265	has been filed with the board.
266	266	(b) A petition filed under Subsection (a) must be signed by
267	267	the owners of a majority of the assessed value of real property in
268	268	the district subject to assessment according to the most recent
269	269	certified tax appraisal roll for the county.
270	270	Sec. 3928.154. METHOD OF NOTICE FOR HEARING. The district
271	271	may mail the notice required by Section 375.115(c), Local
272	272	Government Code, by certified or first class United States mail.
273	273	The board shall determine the method of notice.
274	274	Sec. 3928.155. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The
275	275	board by resolution may impose and collect an assessment for any
276	276	purpose authorized by this chapter in all or any part of the district.
277	277	(b) An assessment, a reassessment, or an assessment
278	278	resulting from an addition to or correction of the assessment roll
279	279	by the district, penalties and interest on an assessment or
280	280	reassessment, an expense of collection, and reasonable attorney's
281	281	fees incurred by the district:
282	282	(1) are a first and prior lien against the property
283	283	assessed;
284	284	(2) are superior to any other lien or claim other than
285	285	a lien or claim for county, school district, or municipal ad valorem
286	286	taxes; and
287	287	(3) are the personal liability of and a charge against
288	288	the owners of the property even if the owners are not named in the
289	289	assessment proceedings.
290	290	(c) The lien is effective from the date of the board's
291	291	resolution imposing the assessment until the date the assessment is
292	292	paid. The board may enforce the lien in the same manner that the
293	293	board may enforce an ad valorem tax lien against real property.
294	294	(d) The board may make a correction to or deletion from the
295	295	assessment roll that does not increase the amount of assessment of
296	296	any parcel of land without providing notice and holding a hearing in
297	297	the manner required for additional assessments.
298	298	Sec. 3928.156. RESIDENTIAL PROPERTY NOT EXEMPT. Section
299	299	375.161, Local Government Code, does not apply to a tax authorized
300	300	or approved by the voters of the district or a required payment for
301	301	a service provided by the district, including water and sewer
302	302	services.
303	303	Sec. 3928.157. COMPETITIVE BIDDING. Subchapter I, Chapter
304	304	49, Water Code, applies to the district. Sections 375.221 and
305	305	375.223, Local Government Code, do not apply to the district.
306	306	Sec. 3928.158. TAX AND ASSESSMENT ABATEMENTS. The district
307	307	may designate reinvestment zones and may grant abatements of
308	308	district taxes or assessments on property in the zones.
309	309	SUBCHAPTER E. TAXES AND BONDS
310	310	Sec. 3928.201. ELECTIONS REGARDING TAXES AND BONDS.
311	311	(a) The district may issue, without an election, bonds, notes, and
312	312	other obligations secured by:
313	313	(1) revenue other than ad valorem taxes; or
314	314	(2) contract payments described by Section 3928.203.
315	315	(b) The district must hold an election in the manner
316	316	provided by Subchapter L, Chapter 375, Local Government Code, to
317	317	obtain voter approval before the district may impose an ad valorem
318	318	tax or issue bonds payable from ad valorem taxes.
319	319	(c) Section 375.243, Local Government Code, does not apply
320	320	to the district.
321	321	(d) All or any part of any facilities or improvements that
322	322	may be acquired by a district by the issuance of its bonds may be
323	323	submitted as a single proposition or as several propositions to be
324	324	voted on at the election.
325	325	Sec. 3928.202. OPERATION AND MAINTENANCE TAX. (a) If
326	326	authorized by a majority of the district voters voting at an
327	327	election held in accordance with Section 3928.201, the district may
328	328	impose an operation and maintenance tax on taxable property in the
329	329	district in accordance with Section 49.107, Water Code, for any
330	330	district purpose, including to:
331	331	(1) maintain and operate the district;
332	332	(2) construct or acquire improvements; or
333	333	(3) provide a service.
334	334	(b) The board shall determine the tax rate. The rate may not
335	335	exceed the rate approved at the election.
336	336	(c) Section 49.107(h), Water Code, does not apply to the
337	337	district.
338	338	Sec. 3928.203. CONTRACT TAXES. (a) In accordance with
339	339	Section 49.108, Water Code, the district may impose a tax other than
340	340	an operation and maintenance tax and use the revenue derived from
341	341	the tax to make payments under a contract after the provisions of
342	342	the contract have been approved by a majority of the district voters
343	343	voting at an election held for that purpose.
344	344	(b) A contract approved by the district voters may contain a
345	345	provision stating that the contract may be modified or amended by
346	346	the board without further voter approval.
347	347	Sec. 3928.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
348	348	AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
349	349	determined by the board. Section 375.205, Local Government Code,
350	350	does not apply to a loan, line of credit, or other borrowing from a
351	351	bank or financial institution secured by revenue other than ad
352	352	valorem taxes.
353	353	(b) The district may issue bonds, notes, or other
354	354	obligations payable wholly or partly from ad valorem taxes,
355	355	assessments, impact fees, revenue, contract payments, grants, or
356	356	other district money, or any combination of those sources of money,
357	357	to pay for any authorized district purpose.
358	358	Sec. 3928.205. TAXES FOR BONDS. At the time the district
359	359	issues bonds payable wholly or partly from ad valorem taxes, the
360	360	board shall provide for the annual imposition of a continuing
361	361	direct annual ad valorem tax, without limit as to rate or amount,
362	362	for each year that all or part of the bonds are outstanding as
363	363	required and in the manner provided by Sections 54.601 and 54.602,
364	364	Water Code.
365	365	Sec. 3928.206. TAXES AND BONDS FOR RECREATIONAL FACILITIES.
366	366	The limitation on the outstanding principal amount of bonds, notes,
367	367	and other obligations provided by Section 49.4645, Water Code, does
368	368	not apply to the district.
369	369	SUBCHAPTER F. DEFINED AREAS
370	370	Sec. 3928.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR
371	371	DESIGNATED PROPERTY. The district may define areas or designate
372	372	certain property of the district to pay for improvements,
373	373	facilities, or services that primarily benefit that area or
374	374	property and do not generally and directly benefit the district as a
375	375	whole.
376	376	Sec. 3928.252. PROCEDURE FOR ELECTION. (a) Before the
377	377	district may impose an ad valorem tax or issue bonds payable from ad
378	378	valorem taxes of the defined area or designated property, the board
379	379	shall hold an election in the defined area or in the designated
380	380	property only.
381	381	(b) The board may submit the issues to the voters on the same
382	382	ballot to be used in another election.
383	383	Sec. 3928.253. DECLARING RESULT AND ISSUING ORDER. (a) If
384	384	a majority of the voters voting at the election approve the
385	385	proposition or propositions, the board shall declare the results
386	386	and, by order, shall establish the defined area and describe it by
387	387	metes and bounds or designate the specific property.
388	388	(b) A court may not review the board's order except on the
389	389	ground of fraud, palpable error, or arbitrary and confiscatory
390	390	abuse of discretion.
391	391	Sec. 3928.254. TAXES FOR SERVICES, IMPROVEMENTS, AND
392	392	FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
393	393	approval and adoption of the order described by Section 3928.253,
394	394	the district may apply separately, differently, equitably, and
395	395	specifically its taxing power and lien authority to the defined
396	396	area or designated property to provide money to construct,
397	397	administer, maintain, and operate services, improvements, and
398	398	facilities that primarily benefit the defined area or designated
399	399	property.
400	400	Sec. 3928.255. ISSUANCE OF BONDS FOR DEFINED AREA OR
401	401	DESIGNATED PROPERTY. After the order under Section 3928.253 is
402	402	adopted, the district may issue bonds to provide for any land,
403	403	improvements, facilities, plants, equipment, and appliances for
404	404	the defined area or designated property.
405	405	SUBCHAPTER G. DISSOLUTION AND MUNICIPAL ANNEXATION
406	406	Sec. 3928.301. MUNICIPAL ANNEXATION; DISSOLUTION.
407	407	(a) The district is a "water or sewer district" under Section
408	408	43.071, Local Government Code.
409	409	(b) Section 43.075, Local Government Code, applies to the
410	410	district.
411	411	(c) Section 375.264, Local Government Code, does not apply
412	412	to the dissolution of the district by a municipality.
413	413	SECTION 2. The Kendleton Improvement District initially
414	414	includes all territory contained in the following area:
415	415	A 274 ACRES TRACT OF LAND, IN THE ISAAC MCGARY LEAGUE, ABSTRACT NO.
416	416	58, FORT BEND COUNTY, TEXAS, SAID TRACT OF LAND BEING MORE
417	417	PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
418	418	BEGINNING at a point at the intersection of the northwesterly
419	419	right-of-way line of G.H. & S.A. Railroad and the westerly line of
420	420	West End Tavener Road;
421	421	(1) THENCE, South 56°08'39” West, along the northerly right-of-way
422	422	line of said G.H. & S.A. Railroad, a distance of 4169.55 feet to a
423	423	point in the centerline of Brooks Branch;
424	424	(2) THENCE, North 04°58'48” West, along the centerline of Brooks
425	425	Branch, a distance of 76.95 feet to a point;
426	426	(3) THENCE, North 20°38'09” West, along the centerline of Brooks
427	427	Branch, a distance of 112.84 feet to a point;
428	428	(4) THENCE, North 27°38'06” West, along the centerline of Brooks
429	429	Branch, a distance of 229.19 feet to a point;
430	430	(5) THENCE, North 59°22'20” West, along the centerline of Brooks
431	431	Branch, a distance of 97.47 feet to a point;
432	432	(6) THENCE, North 72°10'20” West, along the centerline of Brooks
433	433	Branch, a distance of 181.22 feet to a point;
434	434	(7) THENCE, North 30°00'00” West, along the centerline of Brooks
435	435	Branch, a distance of 257.39 feet to a point in the south line of a
436	436	called 41.374 acres tract described to Anthony Humphrey in vol.
437	437	2371, pg. 1473, F.B.C.C.F.;
438	438	(8) THENCE, South 57°15'05” West, a distance of 833.50 feet to a
439	439	point;
440	440	(9) THENCE, North 23°45'00” West, a distance of 911.49 feet to a
441	441	point in the south line of a called 42.0 acres tract described to
442	442	Lisa Davis in 2007122421, F.B.C.C.F.;
443	443	(10) THENCE, South 60°00'00” West, along the south line of said
444	444	42.0 acres tract, a distance of 665.77 feet to a point;
445	445	(11) THENCE, North 30°00'00” West, a distance of 462.00 feet to a
446	446	point;
447	447	(12) THENCE, North 60°00'00” East, along the north line of said
448	448	42.0 acres, a distance of 992.15 feet to a point in the west line of
449	449	a called 9.74 acres tract described to Admiral, TLC in 2013037496,
450	450	F.B.C.C.F.;
451	451	(13) THENCE, North 29°54'53” West, a distance of 748.50 feet to a
452	452	point marking the northwesterly corner of a called 4.6 acres tract
453	453	described to Curtis Lucas in 2000102582, F.B.C.C.F.;
454	454	(14) THENCE, North 60°09'26” East, a distance of 2245.57 feet to a
455	455	point marking the northeasterly corner of a called 19.47 acres
456	456	tract described to TD Phan in 2011011742, F.B.C.C.F.;
457	457	(15) THENCE, South 30°00'00” East, along the easterly line of said
458	458	19.47 acres tract, a distance of 742.34 feet to a point;
459	459	(16) THENCE, North 60°00'00” East, a distance of 1211.18 feet to a
460	460	point;
461	461	(17) THENCE, North 59°02'24" East, a distance of 1295.34 feet to a
462	462	point in the west right-of-way line of West End Tavener Road;
463	463	(18) THENCE, South 31°02'43" East, along the west right-of-way
464	464	line of West End Tavener Road, a distance of 1194.29 feet to a
465	465	point;
466	466	(19) THENCE, South 59°14'00" West, along the west right-of-way
467	467	line of West End Tavener Road, a distance of 21.92 feet to a point;
468	468	(20) THENCE, South 24°14'50" East, along the said west line
469	469	right-of-way line of West End Tavener Road, a distance of 765.58
470	470	feet to the POINT OF BEGINNING and containing 274 acres of land.
471	471	SECTION 3. (a) The legal notice of the intention to
472	472	introduce this Act, setting forth the general substance of this
473	473	Act, has been published as provided by law, and the notice and a
474	474	copy of this Act have been furnished to all persons, agencies,
475	475	officials, or entities to which they are required to be furnished
476	476	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
477	477	Government Code.
478	478	(b) The governor, one of the required recipients, has
479	479	submitted the notice and Act to the Texas Commission on
480	480	Environmental Quality.
481	481	(c) The Texas Commission on Environmental Quality has filed
482	482	its recommendations relating to this Act with the governor,
483	483	lieutenant governor, and speaker of the house of representatives
484	484	within the required time.
485	485	(d) The general law relating to consent by political
486	486	subdivisions to the creation of districts with conservation,
487	487	reclamation, and road powers and the inclusion of land in those
488	488	districts has been complied with.
489	489	(e) All requirements of the constitution and laws of this
490	490	state and the rules and procedures of the legislature with respect
491	491	to the notice, introduction, and passage of this Act have been
492	492	fulfilled and accomplished.
493	493	SECTION 4. This Act takes effect immediately if it receives
494	494	a vote of two-thirds of all the members elected to each house, as
495	495	provided by Section 39, Article III, Texas Constitution. If this
496	496	Act does not receive the vote necessary for immediate effect, this
497	497	Act takes effect September 1, 2013.
498	498
499	499	Pos. No. Name of Director
500	500
501	501	1. Bouche Mickey
502	502
503	503	2. Abe Soloman
504	504
505	505	3. Kanzetta Allen
506	506
507	507	4. Christopher Humphrey
508	508
509	509	5. Melvin Petitt