Texas 2013 - 83rd Regular

Texas Senate Bill SB605 Compare Versions

The same version is selected twice. Please select two different versions to compare.
OldNewDifferences
11 By: Hegar S.B. No. 605
22 (Zerwas)
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of the Fort Bend County Improvement
88 District No. 24; providing authority to impose an assessment,
99 impose a tax, and issue bonds.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Subtitle C, Title 4, Special District Local Laws
1212 Code, is amended by adding Chapter 3898 to read as follows:
1313 CHAPTER 3898. FORT BEND COUNTY IMPROVEMENT DISTRICT NO. 24
1414 SUBCHAPTER A. GENERAL PROVISIONS
1515 Sec. 3898.001. DEFINITIONS. In this chapter:
1616 (1) "Board" means the district's board of directors.
1717 (2) "City" means the City of Houston.
1818 (3) "County" means Fort Bend County.
1919 (4) "Director" means a board member.
2020 (5) "District" means the Fort Bend County Improvement
2121 District No. 24.
2222 Sec. 3898.002. CREATION AND NATURE OF DISTRICT. The
2323 district is a special district created under Section 59, Article
2424 XVI, Texas Constitution.
2525 Sec. 3898.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The
2626 creation of the district is essential to accomplish the purposes of
2727 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
2828 Texas Constitution, and other public purposes stated in this
2929 chapter. By creating the district and in authorizing the city and
3030 other political subdivisions to contract with the district, the
3131 legislature has established a program to accomplish the public
3232 purposes set out in Section 52-a, Article III, Texas Constitution.
3333 (b) The creation of the district is necessary to promote,
3434 develop, encourage, and maintain employment, commerce,
3535 transportation, housing, tourism, recreation, the arts,
3636 entertainment, economic development, safety, and the public
3737 welfare in the district.
3838 (c) The district is created to supplement and not to
3939 supplant city services provided in the district.
4040 Sec. 3898.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
4141 (a) The district is created to serve a public use and benefit.
4242 (b) All land and other property included in the district
4343 will benefit from the improvements and services to be provided by
4444 the district under powers conferred by Sections 52 and 52-a,
4545 Article III, and Section 59, Article XVI, Texas Constitution, and
4646 other powers granted under this chapter.
4747 (c) The creation of the district is in the public interest
4848 and is essential to further the public purposes of:
4949 (1) developing and diversifying the economy of the
5050 state;
5151 (2) eliminating unemployment and underemployment;
5252 (3) developing or expanding transportation and
5353 commerce; and
5454 (4) providing quality residential housing.
5555 (d) The district will:
5656 (1) promote the health, safety, and general welfare of
5757 residents, employers, potential employees, employees, visitors,
5858 and consumers in the district, and of the public;
5959 (2) provide needed funding for the district to
6060 preserve, maintain, and enhance the economic health and vitality of
6161 the district territory as a residential community and business
6262 center; and
6363 (3) promote the health, safety, welfare, and enjoyment
6464 of the public by providing pedestrian ways and by landscaping,
6565 removing graffiti from, and developing certain areas in the
6666 district, which are necessary for the restoration, preservation,
6767 and enhancement of scenic beauty.
6868 (e) Pedestrian ways along or across a street, whether at
6969 grade or above or below the surface, and street lighting, street
7070 landscaping, vehicle parking, and street art objects are parts of
7171 and necessary components of a street and are considered to be an
7272 improvement project that includes a street or road improvement.
7373 (f) The district will not act as the agent or
7474 instrumentality of any private interest even though the district
7575 will benefit many private interests as well as the public.
7676 Sec. 3898.005. DISTRICT TERRITORY. (a) The district is
7777 initially composed of the territory described by Section 2 of the
7878 Act enacting this chapter.
7979 (b) The boundaries and field notes contained in Section 2 of
8080 the Act enacting this chapter form a closure. A mistake in the
8181 field notes or in copying the field notes in the legislative process
8282 does not affect the district's:
8383 (1) organization, existence, or validity;
8484 (2) right to issue any type of bond for the purposes
8585 for which the district is created or to pay the principal of and
8686 interest on a bond;
8787 (3) right to impose or collect an assessment or tax; or
8888 (4) legality or operation.
8989 Sec. 3898.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
9090 (a) All or any part of the area of the district is eligible to be
9191 included in:
9292 (1) a tax increment reinvestment zone created under
9393 Chapter 311, Tax Code;
9494 (2) a tax abatement reinvestment zone created under
9595 Chapter 312, Tax Code;
9696 (3) an enterprise zone created under Chapter 2303,
9797 Government Code; or
9898 (4) an industrial district created under Chapter 42,
9999 Local Government Code.
100100 (b) If the city creates a tax increment reinvestment zone
101101 described by Subsection (a), the city and the board of directors of
102102 the zone, by contract with the district, may grant money deposited
103103 in the tax increment fund to the district to be used by the district
104104 for the purposes permitted for money granted to a corporation under
105105 Section 380.002(b), Local Government Code, including the right to
106106 pledge the money as security for any bonds issued by the district
107107 for an improvement project. A project may not receive public funds
108108 under Section 380.002(b), Local Government Code, unless the project
109109 has been approved by the governing body of the city.
110110 (c) A tax increment reinvestment zone created by the city in
111111 the district is not subject to the limitations provided by Section
112112 311.006(b), Tax Code.
113113 Sec. 3898.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
114114 DISTRICTS LAW. Except as otherwise provided by this chapter,
115115 Chapter 375, Local Government Code, applies to the district.
116116 Sec. 3898.008. LIBERAL CONSTRUCTION OF CHAPTER. This
117117 chapter shall be liberally construed in conformity with the
118118 findings and purposes stated in this chapter.
119119 SUBCHAPTER B. BOARD OF DIRECTORS
120120 Sec. 3898.051. GOVERNING BODY; TERMS. The district is
121121 governed by a board of five directors who serve staggered terms of
122122 four years, with two or three directors' terms expiring June 1 of
123123 each odd-numbered year.
124124 Sec. 3898.052. QUALIFICATIONS OF DIRECTORS APPOINTED BY
125125 CITY. (a) To be qualified to serve as a director appointed by the
126126 governing body of the city, a person must be:
127127 (1) a resident of the district who is also a registered
128128 voter of the district;
129129 (2) an owner of property in the district;
130130 (3) an owner of stock or a partnership or membership
131131 interest, whether beneficial or otherwise, of a corporate
132132 partnership, limited liability company, or other entity owner of a
133133 direct or indirect interest in property in the district;
134134 (4) an owner of a beneficial interest in a trust, or a
135135 trustee in a trust, that directly or indirectly owns property in the
136136 district;
137137 (5) an agent, employee, or tenant of a person
138138 described by Subdivision (2), (3), or (4); or
139139 (6) an initial director under Section 3898.062.
140140 (b) Section 49.052, Water Code, does not apply to the
141141 district.
142142 Sec. 3898.053. APPOINTMENT OF DIRECTORS. The governing
143143 body of the city shall appoint directors from persons recommended
144144 by the board.
145145 Sec. 3898.054. VACANCY. If a vacancy occurs on the board,
146146 the remaining directors shall appoint a director for the remainder
147147 of the unexpired term.
148148 Sec. 3898.055. DIRECTOR'S OATH OR AFFIRMATION. (a) A
149149 director shall file the director's oath or affirmation of office
150150 with the district, and the district shall retain the oath or
151151 affirmation in the district records.
152152 (b) A director shall file a copy of the director's oath or
153153 affirmation with the secretary of the city.
154154 Sec. 3898.056. QUORUM. A vacant director position is not
155155 counted for purposes of establishing a quorum.
156156 Sec. 3898.057. OFFICERS. The board shall elect from among
157157 the directors a chair, a vice chair, and a secretary. The offices
158158 of chair and secretary may not be held by the same person.
159159 Sec. 3898.058. COMPENSATION; EXPENSES. (a) The district
160160 may compensate each director in an amount not to exceed $50 for each
161161 board meeting. The total amount of compensation a director may
162162 receive each year may not exceed $2,000.
163163 (b) A director is entitled to reimbursement for necessary
164164 and reasonable expenses incurred in carrying out the duties and
165165 responsibilities of the board.
166166 Sec. 3898.059. LIABILITY INSURANCE. The district may
167167 obtain and pay for comprehensive general liability insurance
168168 coverage from a commercial insurance company or other source that
169169 protects and insures a director against personal liability and from
170170 all claims relating to:
171171 (1) actions taken by the director in the director's
172172 capacity as a member of the board;
173173 (2) actions and activities taken by the district; or
174174 (3) the actions of others acting on behalf of the
175175 district.
176176 Sec. 3898.060. NO EXECUTIVE COMMITTEE. The board may not
177177 create an executive committee to exercise the powers of the board.
178178 Sec. 3898.061. BOARD MEETINGS. The board shall hold
179179 meetings at a place accessible to the public.
180180 Sec. 3898.062. INITIAL DIRECTORS. (a) The initial board
181181 consists of:
182182 Pos. No. Name of Director
183183 1 Jim Foreman
184184 2 Erin Dyer
185185 3 Scott Leafe
186186 4 Belinda Meller
187187 5 David Foor
188188 (b) The terms of the initial directors expire June 1, 2015.
189189 (c) Of the directors who replace an initial director, the
190190 terms of directors serving in positions 1, 2, and 3 expire June 1,
191191 2017, and the terms of directors serving in positions 4 and 5 expire
192192 June 1, 2019.
193193 (d) Section 3898.052 does not apply to this section.
194194 (e) This section expires September 1, 2019.
195195 SUBCHAPTER C. POWERS AND DUTIES
196196 Sec. 3898.101. GENERAL POWERS AND DUTIES. The district has
197197 the powers and duties necessary to accomplish the purposes for
198198 which the district is created.
199199 Sec. 3898.102. IMPROVEMENT PROJECTS AND SERVICES. The
200200 district may provide, design, construct, acquire, improve,
201201 relocate, operate, maintain, or finance an improvement project or
202202 service using money available to the district, or contract with a
203203 governmental or private entity to provide, design, construct,
204204 acquire, improve, relocate, operate, maintain, or finance an
205205 improvement project or service authorized under this chapter or
206206 Chapter 375, Local Government Code.
207207 Sec. 3898.103. LOCATION OF IMPROVEMENT PROJECT. An
208208 improvement project described by Section 3898.102 may be located:
209209 (1) in the district; or
210210 (2) in an area outside but adjacent to the district if
211211 the project is for the purpose of extending a public infrastructure
212212 improvement beyond the district's boundaries to a logical terminus.
213213 Sec. 3898.104. DEVELOPMENT CORPORATION POWERS. The
214214 district, using money available to the district, may exercise the
215215 powers given to a development corporation under Chapter 505, Local
216216 Government Code, including the power to own, operate, acquire,
217217 construct, lease, improve, or maintain a project under that
218218 chapter.
219219 Sec. 3898.105. NONPROFIT CORPORATION. (a) The board by
220220 resolution may authorize the creation of a nonprofit corporation to
221221 assist and act for the district in implementing a project or
222222 providing a service authorized by this chapter.
223223 (b) The nonprofit corporation:
224224 (1) has each power of and is considered to be a local
225225 government corporation created under Subchapter D, Chapter 431,
226226 Transportation Code; and
227227 (2) may implement any project and provide any service
228228 authorized by this chapter.
229229 (c) The board shall appoint the board of directors of the
230230 nonprofit corporation. The board of directors of the nonprofit
231231 corporation shall serve in the same manner as the board of directors
232232 of a local government corporation created under Subchapter D,
233233 Chapter 431, Transportation Code, except that a board member is not
234234 required to reside in the district.
235235 Sec. 3898.106. AGREEMENTS; GRANTS. (a) As provided by
236236 Chapter 375, Local Government Code, the district may make an
237237 agreement with or accept a gift, grant, or loan from any person.
238238 (b) The implementation of a project is a governmental
239239 function or service for the purposes of Chapter 791, Government
240240 Code.
241241 Sec. 3898.107. LAW ENFORCEMENT SERVICES. To protect the
242242 public interest, the district may contract with a qualified party,
243243 including the county or the city, to provide law enforcement
244244 services in the district for a fee.
245245 Sec. 3898.108. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
246246 district may join and pay dues to a charitable or nonprofit
247247 organization that performs a service or provides an activity
248248 consistent with the furtherance of a district purpose.
249249 Sec. 3898.109. ECONOMIC DEVELOPMENT. (a) The district may
250250 engage in activities that accomplish the economic development
251251 purposes of the district.
252252 (b) The district may establish and provide for the
253253 administration of one or more programs to promote state or local
254254 economic development and to stimulate business and commercial
255255 activity in the district, including programs to:
256256 (1) make loans and grants of public money; and
257257 (2) provide district personnel and services.
258258 (c) The district may create economic development programs
259259 and exercise the economic development powers that:
260260 (1) Chapter 380, Local Government Code, provides to a
261261 municipality; and
262262 (2) Subchapter A, Chapter 1509, Government Code,
263263 provides to a municipality.
264264 Sec. 3898.110. NO EMINENT DOMAIN POWER. The district may
265265 not exercise the power of eminent domain.
266266 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
267267 Sec. 3898.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
268268 board by resolution shall establish the number of signatures and
269269 the procedure required for a disbursement or transfer of the
270270 district's money.
271271 Sec. 3898.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
272272 The district may acquire, construct, finance, operate, or maintain
273273 an improvement project or service authorized under this chapter or
274274 Chapter 375, Local Government Code, using any money available to
275275 the district.
276276 Sec. 3898.153. GENERAL POWERS REGARDING PAYMENT OF DISTRICT
277277 BONDS, OBLIGATIONS, OR OTHER COSTS. The district may provide or
278278 secure the payment or repayment of any bond, note, or other
279279 temporary or permanent obligation or reimbursement or other
280280 contract with any person and the costs and expenses of the
281281 establishment, administration, and operation of the district and
282282 the district's costs or share of the costs or revenue of an
283283 improvement project or district contractual obligation or
284284 indebtedness by:
285285 (1) the imposition of an ad valorem tax or sales and
286286 use tax or an assessment, user fee, concession fee, or rental
287287 charge; or
288288 (2) any other revenue or resources of the district, or
289289 other revenue authorized by the city, including revenues from a tax
290290 increment reinvestment zone created by the city under applicable
291291 law.
292292 Sec. 3898.154. PETITION REQUIRED FOR FINANCING SERVICES AND
293293 IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
294294 service or improvement project with assessments under this chapter
295295 unless a written petition requesting that service or improvement
296296 has been filed with the board.
297297 (b) The petition must be signed by:
298298 (1) the owners of a majority of the assessed value of
299299 real property in the district subject to assessment according to
300300 the most recent certified tax appraisal roll for the county; or
301301 (2) at least 25 persons who own real property in the
302302 district subject to assessment, if more than 25 persons own real
303303 property in the district subject to assessment as determined by the
304304 most recent certified tax appraisal roll for the county.
305305 Sec. 3898.155. METHOD OF NOTICE FOR HEARING. The district
306306 may mail the notice required by Section 375.115(c), Local
307307 Government Code, by certified or first class United States mail.
308308 The board shall determine the method of notice.
309309 Sec. 3898.156. ASSESSMENTS; LIENS FOR ASSESSMENTS.
310310 (a) The board by resolution may impose and collect an assessment
311311 for any purpose authorized by this chapter in all or any part of the
312312 district.
313313 (b) An assessment, a reassessment, or an assessment
314314 resulting from an addition to or correction of the assessment roll
315315 by the district, penalties and interest on an assessment or
316316 reassessment, an expense of collection, and reasonable attorney's
317317 fees incurred by the district:
318318 (1) are a first and prior lien against the property
319319 assessed;
320320 (2) are superior to any other lien or claim other than
321321 a lien or claim for county, school district, or municipal ad valorem
322322 taxes; and
323323 (3) are the personal liability of and a charge against
324324 the owners of the property even if the owners are not named in the
325325 assessment proceedings.
326326 (c) The lien is effective from the date of the board's
327327 resolution imposing the assessment until the date the assessment is
328328 paid. The board may enforce the lien in the same manner that the
329329 board may enforce an ad valorem tax lien against real property.
330330 (d) The board may make a correction to or deletion from the
331331 assessment roll that does not increase the amount of assessment of
332332 any parcel of land without providing notice and holding a hearing in
333333 the manner required for additional assessments.
334334 Sec. 3898.157. STORM WATER USER CHARGES. The district may
335335 establish user charges related to the operation of storm water
336336 facilities, including the regulation of storm water for the
337337 protection of water quality in the district.
338338 Sec. 3898.158. NONPOTABLE WATER USER CHARGES. The district
339339 may establish user charges for the use of nonpotable water for
340340 irrigation purposes, subject to approval of the governing body of
341341 the city.
342342 Sec. 3898.159. COSTS FOR IMPROVEMENT PROJECTS. The
343343 district may undertake separately or jointly with other persons,
344344 including the city or county, all or part of the cost of an
345345 improvement project, including an improvement project:
346346 (1) for improving, enhancing, and supporting public
347347 safety and security, fire protection and emergency medical
348348 services, and law enforcement in or adjacent to the district; or
349349 (2) that confers a general benefit on the entire
350350 district or a special benefit on a definable part of the district.
351351 Sec. 3898.160. TAX AND ASSESSMENT ABATEMENTS. The district
352352 may designate reinvestment zones and may grant abatements of a tax
353353 or assessment on property in the zones.
354354 SUBCHAPTER E. TAXES AND BONDS
355355 Sec. 3898.201. TAX ABATEMENT. The district may enter into a
356356 tax abatement agreement in accordance with the general laws of this
357357 state authorizing and applicable to a tax abatement agreement by a
358358 municipality.
359359 Sec. 3898.202. PROPERTY TAX AUTHORIZED. (a) The district
360360 may impose an ad valorem tax on all taxable property in the district
361361 to:
362362 (1) pay for an improvement project of the types
363363 authorized by Section 52(b), Article III, and Section 59, Article
364364 XVI, Texas Constitution; or
365365 (2) secure the payment of bonds issued for a purpose
366366 described by Subdivision (1).
367367 (b) The district may not impose an ad valorem tax to pay for
368368 an improvement project under this chapter unless the imposition is
369369 approved by the voters of the district voting at an election held
370370 for that purpose. The board may call an election to approve the
371371 imposition of an ad valorem tax to pay for an improvement project
372372 under this chapter only if the board receives a petition requesting
373373 the election signed by:
374374 (1) more than 51 percent of the record owners of real
375375 property in the district subject to taxation; or
376376 (2) owners representing more than 51 percent of the
377377 appraised value of real property in the district subject to
378378 taxation, as determined by the tax rolls of the appraisal district.
379379 Sec. 3898.203. SALES AND USE TAX. (a) The district may
380380 impose a sales and use tax if authorized by a majority of the voters
381381 of the district voting at an election called for that purpose.
382382 Revenue from the tax may be used for any purpose for which ad
383383 valorem tax revenue of the district may be used.
384384 (b) The district may not adopt a sales and use tax if as a
385385 result of the adoption of the tax the combined rate of all sales and
386386 use taxes imposed by the district and other political subdivisions
387387 of this state having territory in the district would exceed two
388388 percent at any location in the district.
389389 (c) If the voters of the district approve the adoption of
390390 the tax at an election held on the same election date on which
391391 another political subdivision adopts a sales and use tax or
392392 approves an increase in the rate of its sales and use tax and as a
393393 result the combined rate of all sales and use taxes imposed by the
394394 district and other political subdivisions of this state having
395395 territory in the district would exceed two percent at any location
396396 in the district, the election to adopt a sales and use tax under
397397 this chapter has no effect.
398398 Sec. 3898.204. BONDS AND OTHER OBLIGATIONS. (a) The
399399 district may issue, by public or private sale, bonds, notes, or
400400 other obligations payable wholly or partly from ad valorem taxes,
401401 sales and use taxes, or assessments in the manner provided by
402402 Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local
403403 Government Code.
404404 (b) In exercising the district's borrowing power, the
405405 district may issue a bond or other obligation in the form of a bond,
406406 note, certificate of participation or other instrument evidencing a
407407 proportionate interest in payments to be made by the district, or
408408 other type of obligation.
409409 (c) In addition to the sources of money described by
410410 Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
411411 Government Code, district bonds may be secured and made payable
412412 wholly or partly by a pledge of any part of the money the district
413413 receives from improvement revenue or from any other source.
414414 Sec. 3898.205. BOND MATURITY. Bonds may mature not more
415415 than 40 years from their date of issue.
416416 Sec. 3898.206. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
417417 the time bonds or other obligations payable wholly or partly from ad
418418 valorem taxes are issued:
419419 (1) the board shall impose a continuing direct annual
420420 ad valorem tax for each year that all or part of the bonds are
421421 outstanding; and
422422 (2) the district annually shall impose an ad valorem
423423 tax on all taxable property in the district in an amount sufficient
424424 to:
425425 (A) pay the interest on the bonds or other
426426 obligations as the interest becomes due; and
427427 (B) create a sinking fund for the payment of the
428428 principal of the bonds or other obligations when due or the
429429 redemption price at any earlier required redemption date.
430430 SUBCHAPTER F. DISSOLUTION
431431 Sec. 3898.251. DISSOLUTION BY CITY ORDINANCE. (a) The
432432 city by ordinance may dissolve the district.
433433 (b) The city may not dissolve the district until the
434434 district's outstanding debt or contractual obligations that are
435435 payable from ad valorem taxes have been repaid or discharged, or the
436436 city has affirmatively assumed the obligation to pay the
437437 outstanding debt from city revenue.
438438 Sec. 3898.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
439439 (a) If the dissolved district has bonds or other obligations
440440 outstanding secured by and payable from assessments or other
441441 revenue, other than ad valorem taxes, the city shall succeed to the
442442 rights and obligations of the district regarding enforcement and
443443 collection of the assessments or other revenue.
444444 (b) The city shall have and exercise all district powers to
445445 enforce and collect the assessments or other revenue to pay:
446446 (1) the bonds or other obligations when due and
447447 payable according to their terms; or
448448 (2) special revenue or assessment bonds or other
449449 obligations issued by the city to refund the outstanding bonds or
450450 obligations.
451451 Sec. 3898.253. CONCURRENCE ON ADDITIONAL POWERS. If the
452452 legislature grants the district a power that is in addition to the
453453 powers approved by the initial resolution of the governing body of
454454 the city consenting to the creation of the district, the district
455455 may not exercise that power unless the governing body of the city
456456 consents to that change by resolution.
457457 Sec. 3898.254. ASSUMPTION OF ASSETS AND LIABILITIES.
458458 (a) After the city dissolves the district, the city assumes,
459459 subject to the appropriation and availability of funds, the
460460 obligations of the district, including any bonds or other debt
461461 payable from assessments or other district revenue.
462462 (b) If the city dissolves the district, the board shall
463463 transfer ownership of all district property to the city.
464464 SECTION 2. The Fort Bend County Improvement District No. 24
465465 initially includes all the territory contained in the following
466466 area:
467467 The Fort Bend County Improvement District is comprised of 93.243
468468 acres located at the northeast corner of Farm-to-Market (FM) Road
469469 1093 and FM Road 1463 with the beginning point at the north
470470 right-of-way (ROW) of FM 1093 and east ROW of FM 1463 and the
471471 southwest corner of 8.81 ac. parcel (0274 R H KUYKENDALL, ACRES
472472 8.81); Then north along east ROW of FM 1463 and coincident west
473473 boundary of 8.81 ac. parcel (0274 R H KUYKENDALL, ACRES 8.81), and
474474 84.013 ac. parcel (0421 T W SOUTHERLAND, ACRES 84.013) to northwest
475475 corner of said 84.013 ac. parcel; Then east along north boundary of
476476 said 84.013 ac. parcel to northeast corner of said parcel; Then
477477 south along east boundary of said 84.013 ac. parcel, and 0.42 ac.
478478 parcel (0574 JOHN FOSTER, ACRES .42) to southeast corner of said
479479 0.42 ac. parcel and north ROW of FM 1093; Then west southwest along
480480 south boundary of said 0.42 acre parcel, and 8.81 ac. parcel (0274 R
481481 H KUYKENDALL, ACRES 8.81) to southwest corner of said 8.81 ac.
482482 parcel and beginning point of 93.243 acre tract.
483483 SECTION 3. (a) The legal notice of the intention to
484484 introduce this Act, setting forth the general substance of this
485485 Act, has been published as provided by law, and the notice and a
486486 copy of this Act have been furnished to all persons, agencies,
487487 officials, or entities to which they are required to be furnished
488488 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
489489 Government Code.
490490 (b) The governor, one of the required recipients, has
491491 submitted the notice and Act to the Texas Commission on
492492 Environmental Quality.
493493 (c) The Texas Commission on Environmental Quality has filed
494494 its recommendations relating to this Act with the governor,
495495 lieutenant governor, and speaker of the house of representatives
496496 within the required time.
497497 (d) The general law relating to consent by political
498498 subdivisions to the creation of districts with conservation,
499499 reclamation, and road powers and the inclusion of land in those
500500 districts has been complied with.
501501 (e) All requirements of the constitution and laws of this
502502 state and the rules and procedures of the legislature with respect
503503 to the notice, introduction, and passage of this Act have been
504504 fulfilled and accomplished.
505505 SECTION 4. This Act takes effect immediately if it receives
506506 a vote of two-thirds of all the members elected to each house, as
507507 provided by Section 39, Article III, Texas Constitution. If this
508508 Act does not receive the vote necessary for immediate effect, this
509509 Act takes effect September 1, 2013.