Texas 2013 - 83rd Regular

Texas Senate Bill SB863 Compare Versions

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1	1	By: Taylor, et al. S.B. No. 863
2	2	(Thompson of Brazoria, Allen)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of Pearland Municipal Management District
8	8	No. 2; providing authority to issue bonds; providing authority to
9	9	impose 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 3867 to read as follows:
13	13	CHAPTER 3867. PEARLAND MUNICIPAL MANAGEMENT DISTRICT NO. 2
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 3867.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "City" means the City of Pearland.
18	18	(3) "County" means Brazoria County.
19	19	(4) "Director" means a board member.
20	20	(5) "District" means the Pearland Municipal
21	21	Management District No. 2.
22	22	Sec. 3867.002. NATURE OF DISTRICT. The Pearland Municipal
23	23	Management District No. 2 is a special district created under
24	24	Section 59, Article XVI, Texas Constitution.
25	25	Sec. 3867.003. 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. 3867.004. 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 street or road and recreational
72	72	facilities and improvements, including related drainage
73	73	facilities, for the district.
74	74	(e) Pedestrian or other nonmotorized vehicle ways along or
75	75	across a street, whether at grade or above or below the surface, and
76	76	street lighting, street landscaping, parking, and street art
77	77	objects are parts of and necessary components of a street and are
78	78	considered to be a street or road improvement.
79	79	(f) The district will not act as the agent or
80	80	instrumentality of any private interest even though the district
81	81	will benefit many private interests as well as the public.
82	82	Sec. 3867.005. INITIAL DISTRICT TERRITORY. (a) The
83	83	district is initially composed of the territory described by
84	84	Section 2 of the Act enacting this chapter.
85	85	(b) The boundaries and field notes contained in Section 2 of
86	86	the Act enacting this chapter form a closure. A mistake in the
87	87	field notes or in copying the field notes in the legislative process
88	88	does not affect the district's:
89	89	(1) organization, existence, or validity;
90	90	(2) right to issue any type of bond for the purposes
91	91	for which the district is created or to pay the principal of and
92	92	interest on the bond;
93	93	(3) right to impose or collect an assessment or tax; or
94	94	(4) legality or operation.
95	95	Sec. 3867.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
96	96	All or any part of the area of the district is eligible to be
97	97	included in:
98	98	(1) a tax increment reinvestment zone created under
99	99	Chapter 311, Tax Code;
100	100	(2) a tax abatement reinvestment zone created under
101	101	Chapter 312, Tax Code;
102	102	(3) an enterprise zone created under Chapter 2303,
103	103	Government Code; or
104	104	(4) an industrial district created under Chapter 42,
105	105	Local Government Code.
106	106	Sec. 3867.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
107	107	DISTRICTS LAW. Except as otherwise provided by this chapter,
108	108	Chapter 375, Local Government Code, applies to the district.
109	109	Sec. 3867.008. CONSTRUCTION OF CHAPTER. This chapter shall
110	110	be liberally construed in conformity with the findings and purposes
111	111	stated in this chapter.
112	112	SUBCHAPTER B. BOARD OF DIRECTORS
113	113	Sec. 3867.051. GOVERNING BODY; TERMS. (a) The district is
114	114	governed by a board of seven voting directors who serve staggered
115	115	terms of four years, with three or four directors' terms expiring
116	116	June 1 of each odd-numbered year.
117	117	(b) The board by resolution may change the number of voting
118	118	directors on the board if the board determines that the change is in
119	119	the best interest of the district and the governing body of the city
120	120	consents to the change. The board may not consist of fewer than 5 or
121	121	more than 15 voting directors.
122	122	Sec. 3867.052. APPOINTMENT OF VOTING DIRECTORS. The
123	123	governing body of the city shall appoint voting directors from
124	124	persons recommended by the board. A person is appointed if a
125	125	majority of the members of the governing body of the city vote to
126	126	appoint that person.
127	127	Sec. 3867.053. NONVOTING DIRECTORS. The board may appoint
128	128	nonvoting directors to serve at the pleasure of the voting
129	129	directors.
130	130	Sec. 3867.054. QUORUM. For purposes of determining the
131	131	requirements for a quorum of the board, the following are not
132	132	counted:
133	133	(1) a board position vacant for any reason, including
134	134	death, resignation, or disqualification;
135	135	(2) a director who is abstaining from participation in
136	136	a vote because of a conflict of interest; or
137	137	(3) a nonvoting director.
138	138	Sec. 3867.055. INITIAL VOTING DIRECTORS. (a) The initial
139	139	board consists of the following voting directors:
140	140	Pos. No. Name of Director Pos. No. Name of Director
141	141	Pos. No. Name of Director
142	142	1 Teir Allender 1 Teir Allender
143	143	1 Teir Allender
144	144	2 Steve Chandler 2 Steve Chandler
145	145	2 Steve Chandler
146	146	3 Will Deane 3 Will Deane
147	147	3 Will Deane
148	148	4 Stephanie King 4 Stephanie King
149	149	4 Stephanie King
150	150	5 John Moody 5 John Moody
151	151	5 John Moody
152	152	6 Rushi Patel 6 Rushi Patel
153	153	6 Rushi Patel
154	154	7 Sylvester L. Roeder III 7 Sylvester L. Roeder III
155	155	7 Sylvester L. Roeder III
156	156	(b) Of the initial directors, the terms of directors
157	157	appointed for positions one through four expire June 1, 2015, and
158	158	the terms of directors appointed for positions five through seven
159	159	expire June 1, 2017.
160	160	(c) Section 3867.052 does not apply to this section.
161	161	(d) This section expires September 1, 2017.
162	162	SUBCHAPTER C. POWERS AND DUTIES
163	163	Sec. 3867.101. GENERAL POWERS AND DUTIES. The district has
164	164	the powers and duties necessary to accomplish the purposes for
165	165	which the district is created.
166	166	Sec. 3867.102. IMPROVEMENT PROJECTS AND SERVICES. The
167	167	district may provide, design, construct, acquire, improve,
168	168	relocate, operate, maintain, or finance an improvement project or
169	169	service using any money available to the district, or contract with
170	170	a governmental or private entity to provide, design, construct,
171	171	acquire, improve, relocate, operate, maintain, or finance an
172	172	improvement project or service authorized under this chapter or
173	173	Chapter 375, Local Government Code.
174	174	Sec. 3867.103. DEVELOPMENT CORPORATION POWERS. The
175	175	district, using money available to the district, may exercise the
176	176	powers given to a development corporation under Chapter 505, Local
177	177	Government Code, including the power to own, operate, acquire,
178	178	construct, lease, improve, or maintain a project under that
179	179	chapter.
180	180	Sec. 3867.104. NONPROFIT CORPORATION. (a) The board by
181	181	resolution may authorize the creation of a nonprofit corporation to
182	182	assist and act for the district in implementing a project or
183	183	providing a service authorized by this chapter.
184	184	(b) The nonprofit corporation:
185	185	(1) has each power of and is considered to be a local
186	186	government corporation created under Subchapter D, Chapter 431,
187	187	Transportation Code; and
188	188	(2) may implement any project and provide any service
189	189	authorized by this chapter.
190	190	(c) The board shall appoint the board of directors of the
191	191	nonprofit corporation. The board of directors of the nonprofit
192	192	corporation shall serve in the same manner as the board of directors
193	193	of a local government corporation created under Subchapter D,
194	194	Chapter 431, Transportation Code, except that a board member is not
195	195	required to reside in the district.
196	196	Sec. 3867.105. AGREEMENTS; GRANTS. (a) As provided by
197	197	Chapter 375, Local Government Code, the district may make an
198	198	agreement with or accept a gift, grant, or loan from any person.
199	199	(b) The implementation of a project is a governmental
200	200	function or service for the purposes of Chapter 791, Government
201	201	Code.
202	202	Sec. 3867.106. LAW ENFORCEMENT AND SECURITY SERVICES. To
203	203	protect the public interest, the district may provide security
204	204	services or contract with a qualified party, including the county
205	205	or the city, to provide law enforcement services in the district for
206	206	a fee.
207	207	Sec. 3867.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
208	208	district may join and pay dues to a charitable or nonprofit
209	209	organization that performs a service or provides an activity
210	210	consistent with the furtherance of a district purpose.
211	211	Sec. 3867.108. ECONOMIC DEVELOPMENT. (a) The district may
212	212	engage in activities that accomplish the economic development
213	213	purposes of the district.
214	214	(b) The district may establish and provide for the
215	215	administration of one or more programs to promote state or local
216	216	economic development and to stimulate business and commercial
217	217	activity in the district, including programs to:
218	218	(1) make loans and grants of public money; and
219	219	(2) provide district personnel and services.
220	220	(c) The district may create economic development programs
221	221	and exercise the economic development powers provided to
222	222	municipalities by:
223	223	(1) Chapter 380, Local Government Code; and
224	224	(2) Subchapter A, Chapter 1509, Government Code.
225	225	Sec. 3867.109. PARKING FACILITIES. (a) The district may
226	226	acquire, lease as lessor or lessee, construct, develop, own,
227	227	operate, and maintain parking facilities or a system of parking
228	228	facilities, including lots, garages, parking terminals, or other
229	229	structures or accommodations for parking motor vehicles off the
230	230	streets and related appurtenances.
231	231	(b) The district's parking facilities serve the public
232	232	purposes of the district and are owned, used, and held for a public
233	233	purpose even if leased or operated by a private entity for a term of
234	234	years.
235	235	(c) The district's parking facilities are parts of and
236	236	necessary components of a street and are considered to be a street
237	237	or road improvement.
238	238	(d) The development and operation of the district's parking
239	239	facilities may be considered an economic development program.
240	240	Sec. 3867.110. ANNEXATION OF LAND. The district may annex
241	241	land as provided by Subchapter J, Chapter 49, Water Code.
242	242	Sec. 3867.111. APPROVAL BY CITY. (a) Except as provided
243	243	by Chapter 375, Local Government Code, the district must obtain the
244	244	approval of the city for:
245	245	(1) the issuance of bonds;
246	246	(2) the annexation or exclusion of land;
247	247	(3) the plans and specifications of an improvement
248	248	project financed by bonds; and
249	249	(4) the plans and specifications of an improvement
250	250	project related to the use of land owned by the city, an easement
251	251	granted by the city, or a right-of-way of a street, road, or
252	252	highway.
253	253	(b) The district may not issue bonds or annex or exclude
254	254	land until the governing body of the city adopts a resolution or
255	255	ordinance authorizing the issuance of the bonds or the annexation
256	256	or exclusion of the land.
257	257	(c) The governing body of the city:
258	258	(1) is not required to adopt a resolution or ordinance
259	259	to approve plans and specifications described by Subsection (a);
260	260	and
261	261	(2) may establish an administrative process to approve
262	262	plans and specifications described by Subsection (a) without the
263	263	involvement of the governing body.
264	264	Sec. 3867.112. NO EMINENT DOMAIN POWER. The district may
265	265	not exercise the power of eminent domain.
266	266	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
267	267	Sec. 3867.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
268	268	board by resolution shall establish the number of directors'
269	269	signatures and the procedure required for a disbursement or
270	270	transfer of district money.
271	271	Sec. 3867.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
272	272	The district may acquire, construct, finance, operate, or maintain
273	273	any improvement or service authorized under this chapter or Chapter
274	274	375, Local Government Code, using any money available to the
275	275	district.
276	276	Sec. 3867.153. PETITION REQUIRED FOR FINANCING SERVICES AND
277	277	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
278	278	service or improvement project with assessments under this chapter
279	279	unless a written petition requesting that service or improvement
280	280	has been filed with the board.
281	281	(b) A petition filed under Subsection (a) must be signed by
282	282	the owners of a majority of the assessed value of real property in
283	283	the district subject to assessment according to the most recent
284	284	certified tax appraisal roll for the county.
285	285	Sec. 3867.154. ASSESSMENTS; LIENS FOR ASSESSMENTS.
286	286	(a) The board by resolution may impose and collect an assessment
287	287	for any purpose authorized by this chapter in all or any part of the
288	288	district.
289	289	(b) An assessment, a reassessment, or an assessment
290	290	resulting from an addition to or correction of the assessment roll
291	291	by the district, penalties and interest on an assessment or
292	292	reassessment, an expense of collection, and reasonable attorney's
293	293	fees incurred by the district:
294	294	(1) are a first and prior lien against the property
295	295	assessed;
296	296	(2) are superior to any other lien or claim other than
297	297	a lien or claim for county, school district, or municipal ad valorem
298	298	taxes; and
299	299	(3) are the personal liability of and a charge against
300	300	the owners of the property even if the owners are not named in the
301	301	assessment proceedings.
302	302	(c) The lien is effective from the date of the board's
303	303	resolution imposing the assessment until the date the assessment is
304	304	paid. The board may enforce the lien in the same manner that the
305	305	board may enforce an ad valorem tax lien against real property.
306	306	(d) The board may make a correction to or deletion from the
307	307	assessment roll that does not increase the amount of assessment of
308	308	any parcel of land without providing notice and holding a hearing in
309	309	the manner required for additional assessments.
310	310	Sec. 3867.155. TAX AND ASSESSMENT ABATEMENTS. The district
311	311	may designate reinvestment zones and may grant abatements of a tax
312	312	or assessment on property in the zones.
313	313	SUBCHAPTER E. TAXES AND BONDS
314	314	Sec. 3867.201. ELECTIONS REGARDING TAXES AND BONDS.
315	315	(a) The district may issue, without an election, bonds, notes, and
316	316	other obligations secured by:
317	317	(1) revenue other than ad valorem taxes; or
318	318	(2) contract payments described by Section 3867.203.
319	319	(b) The district must hold an election in the manner
320	320	provided by Subchapter L, Chapter 375, Local Government Code, to
321	321	obtain voter approval before the district may impose an ad valorem
322	322	tax or issue bonds payable from ad valorem taxes.
323	323	(c) Section 375.243, Local Government Code, does not apply
324	324	to the district.
325	325	(d) All or any part of any facilities or improvements that
326	326	may be acquired by a district by the issuance of its bonds may be
327	327	submitted as a single proposition or as several propositions to be
328	328	voted on at the election.
329	329	Sec. 3867.202. OPERATION AND MAINTENANCE TAX. (a) If
330	330	authorized by a majority of the district voters voting at an
331	331	election held in accordance with Section 3867.201, the district may
332	332	impose an operation and maintenance tax on taxable property in the
333	333	district in accordance with Section 49.107, Water Code, for any
334	334	district purpose, including to:
335	335	(1) maintain and operate the district;
336	336	(2) construct or acquire improvements; or
337	337	(3) provide a service.
338	338	(b) The board shall determine the tax rate. The rate may not
339	339	exceed the rate approved at the election.
340	340	Sec. 3867.203. CONTRACT TAXES. (a) In accordance with
341	341	Section 49.108, Water Code, the district may impose a tax other than
342	342	an operation and maintenance tax and use the revenue derived from
343	343	the tax to make payments under a contract after the provisions of
344	344	the contract have been approved by a majority of the district voters
345	345	voting at an election held for that purpose.
346	346	(b) A contract approved by the district voters may contain a
347	347	provision stating that the contract may be modified or amended by
348	348	the board without further voter approval.
349	349	Sec. 3867.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
350	350	AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
351	351	determined by the board. Section 375.205, Local Government Code,
352	352	does not apply to a loan, line of credit, or other borrowing from a
353	353	bank or financial institution secured by revenue other than ad
354	354	valorem taxes.
355	355	(b) The district may issue bonds, notes, or other
356	356	obligations payable wholly or partly from ad valorem taxes,
357	357	assessments, impact fees, revenue, contract payments, grants, or
358	358	other district money, or any combination of those sources of money,
359	359	to pay for any authorized district purpose.
360	360	Sec. 3867.205. TAXES FOR BONDS. At the time the district
361	361	issues bonds payable wholly or partly from ad valorem taxes, the
362	362	board shall provide for the annual imposition of a continuing
363	363	direct annual ad valorem tax, without limit as to rate or amount,
364	364	for each year that all or part of the bonds are outstanding as
365	365	required and in the manner provided by Sections 54.601 and 54.602,
366	366	Water Code.
367	367	Sec. 3867.206. TAXES AND BONDS FOR RECREATIONAL FACILITIES.
368	368	(a) The limitation on the outstanding principal amount of bonds,
369	369	notes, and other obligations provided by Section 49.4645, Water
370	370	Code, does not apply to the district.
371	371	(b) Section 49.107(h), Water Code, does not apply to the
372	372	district.
373	373	Sec. 3867.207. CITY NOT REQUIRED TO PAY DISTRICT
374	374	OBLIGATIONS. Except as provided by Section 375.263, Local
375	375	Government Code, the city is not required to pay a bond, note, or
376	376	other obligation of the district.
377	377	SECTION 2. The Pearland Municipal Management District No. 2
378	378	initially includes all territory contained in the following area:
379	379	BEING 1,483 acres, more or less, of land within the City
380	380	Limits of Pearland, Texas, located in the H. T. & B. R. R. Co.
381	381	Survey, Abstract No. 300, the J. W. Maxcy Survey, Abstract No. 675,
382	382	the R. B. Lyle Survey, Abstract No. 539, the W. W. Dupuy and L. F.
383	383	Roberts Survey, Abstract No. 726, the H. T. & B. R. R. Co. Survey,
384	384	Abstract No. 304, the W. M. Morris Survey, Abstract No. 344, the J.
385	385	Crawley Survey, Abstract No.174 and the D. White Survey, Abstract
386	386	No. 747, Brazoria County, Texas and also located in the James
387	387	Hamilton Survey, Abstract No. 881, Harris County, Texas, said 1,483
388	388	acres being more particularly described as follows:
389	389	BEGINNING at the southeast corner of SOUTHGATE SECTION ONE, a
390	390	subdivision of record in Volume 24, Pages 123-126 of the Plat
391	391	Records of Brazoria County, Texas (B.C.P.R.) on the northerly
392	392	right-of-way line of County Road 59 (width varies);
393	393	THENCE NORTHERLY, 2,574 feet more or less, along the east
394	394	line of said SOUTHGATE SECTION ONE and the east line of SOUTHGATE
395	395	SECTION TWO, a subdivision of record in Volume 24, Pages 278-279,
396	396	B.C.P.R. to the northeast corner of said SOUTHGATE SECTION TWO;
397	397	THENCE WESTERLY, 2,642 feet more or less, along the north
398	398	line of said SOUTHGATE SECTION TWO to a point on the west line of
399	399	said SOUTHGATE SECTION ONE for the southwest corner of Restricted
400	400	Reserve "A" of said SOUTHGATE SECTION ONE;
401	401	THENCE NORTHERLY, 1,175 feet more or less, along said west
402	402	line to the southwest corner of the MINOR PLAT OF KIRBY WATER PLANT
403	403	SITE AND FIRE STATION NO. 5, a subdivision of record under Document
404	404	Number 2008029867 of the Official Public Records of Brazoria
405	405	County, Texas (B.C.O.P.R.)
406	406	THENCE EASTERLY, 626 feet more or less, to the southeast
407	407	corner of said MINOR PLAT;
408	408	THENCE NORTHEASTERLY, 335 feet more or less, to the northeast
409	409	corner of said MINOR PLAT;
410	410	THENCE WESTERLY, 776 feet more or less, to the northwest
411	411	corner of said MINOR PLAT and being the southwest corner of the
412	412	remainder of a called 13.380 acre tract of land conveyed to Pearland
413	413	Town Center Limited Partnership as recorded under Document Number
414	414	2006071333 of the Official Records of Brazoria County, Texas
415	415	(B.C.O.R.);
416	416	THENCE NORTHERLY, 1,231 feet more or less, along the west
417	417	line of said remainder and the west line of KIRBY CROSSING SECTION
418	418	ONE, a subdivision of record under Document Number 2012041370,
419	419	B.C.O.R., to the south right-of-way line and crossing to the north
420	420	right-of-way line of F.M. 518 (120' wide);
421	421	THENCE WESTERLY, 597 feet more or less, along said north
422	422	right-of-way line to the southeast corner of SF-18B, a subdivision
423	423	of record in Volume 23, Pages 393-396, B.C.P.R.;
424	424	THENCE NORTHERLY, 1,053 feet more or less, along the east
425	425	line of said SF-18B to the south line of SF-15, a subdivision of
426	426	record in Volume 23, Pages 265-268, B.C.P.R.;
427	427	THENCE EASTERLY, 1,566 feet more or less, along said south
428	428	line to the west right-of-way line and crossing to the east
429	429	right-of-way line of Kirby Drive (100' wide);
430	430	THENCE SOUTHERLY, 634 feet more or less, along said east
431	431	right-of-way line to the northwest corner of SHADOW CREEK RANCH
432	432	COMMERCIAL SITE NO. 3, a subdivision of record under Document
433	433	Number 2006023374, B.C.O.R.;
434	434	THENCE SOUTHEASTERLY, 789 feet more or less, along the
435	435	northeast line of said SHADOW CREEK RANCH COMMERCIAL SITE NO. 3 to
436	436	the southeast corner of same on the north right-of-way line of the
437	437	aforementioned F.M. 518;
438	438	THENCE EASTERLY, 162 feet more or less, along said north
439	439	right-of-way line to the southeast corner of SF-16B, a subdivision
440	440	of record in Volume 23, Pages 273-276, B.C.P.R.;
441	441	THENCE NORTHERLY, 2,448 feet more or less, along the east
442	442	line of said SF-16B, SF-16A, a subdivision of record in Volume 23,
443	443	Pages 269-272, B.C.P.R. and SF-14B, a subdivision of record in
444	444	Volume 23, Pages 261-264, B.C.P.R to the southwest corner of the
445	445	MINOR SUBDIVISION PLAT OF DISCOVERY AT SHADOW CREEK RANCH, a
446	446	subdivision of record under Document Number 2009049537, B.C.O.R.;
447	447	THENCE EASTERLY, 1,486 feet more or less, along the south
448	448	line of said MINOR SUBDIVISION PLAT OF DISCOVERY AT SHADOW CREEK
449	449	RANCH, to the northwest corner of Lot "A" of the AMENDING PLAT OF
450	450	SHADOW CREEK TOWN CENTER, a subdivision of record under Document
451	451	Number 2007002505, B.C.O.R.;
452	452	THENCE SOUTHERLY, 960 feet more or less, along the west line
453	453	of said Lot "A" and the easterly right-of-way line of Business
454	454	Center Drive as shown on said AMENDING PLAT OF SHADOW CREEK TOWN
455	455	CENTER to the intersection of said Business Center Drive and
456	456	Memorial Herman Drive as shown on said AMENDING PLAT OF SHADOW CREEK
457	457	TOWN CENTER, same being the southerly southwest corner of said Lot
458	458	"A";
459	459	THENCE EASTERLY, 1,149 feet more or less, along the north
460	460	right-of-way line of said Memorial Herman Drive to the easterly
461	461	southeast corner of said Lot "A", said point being on the westerly
462	462	right-of-way line of SH 288;
463	463	THENCE NORTHERLY, 1,609 feet more or less, along said
464	464	westerly right-of-way line to the northeast corner of that certain
465	465	called 13.100 acre tract conveyed to Memorial Herman by an
466	466	instrument of record under Document Number 2008000334, B.C.O.R.;
467	467	THENCE WESTERLY, 874 feet more or less, departing said
468	468	westerly right-of-way line and along the north line of said 13.100
469	469	acre tract to the westerly right-of-way line of Business Center
470	470	Drive (100' wide) as shown on SHADOW CREEK RANCH BUSINESS CENTER
471	471	DRIVE EXTENSION, a subdivision of record in Volume 24, Pages
472	472	392-393, B.C.O.R.;
473	473	THENCE NORTHERLY, 3,751 feet more or less, along said
474	474	westerly right-of-way line and along the westerly right-of-way line
475	475	of said Business Center Drive, as shown on SHADOW CREEK RANCH
476	476	BUSINESS CENTER DRIVE AND MEDICAL CENTER DRIVE, a subdivision of
477	477	record in Volume 24, Pages 251-252, B.C.O.R. to a point opposite of
478	478	the northwest corner of Restricted Reserve "B" as shown on SHADOW
479	479	CREEK RANCH BUSINESS CENTER DRIVE AND MEDICAL CENTER DRIVE;
480	480	THENCE EASTERLY, 90 feet, departing said west right-of-way
481	481	line to the northwest corner of said Restricted Reserve "B";
482	482	THENCE EASTERLY, 72 feet more or less, along the northerly
483	483	line of said Restricted Reserve "B" to the southeast corner of said
484	484	Restricted Reserve "B", said point being on the northerly
485	485	right-of-way line of Medical Center Drive (100' wide) as shown on
486	486	SHADOW CREEK RANCH BUSINESS CENTER DRIVE AND MEDICAL CENTER DRIVE;
487	487	THENCE EASTERLY, 1,550 feet more or less, along the northerly
488	488	right-of-way line of said Medical Center Drive to a point on the
489	489	westerly right-of-way line of SH 288, same being the easterly line
490	490	of that certain called 48.00 acre tract conveyed to H.C.A. HEALTH
491	491	SERVICES OF TEXAS, INC. by an instrument of record under File Number
492	492	02-063451, B.C.O.R.;
493	493	THENCE NORTHERLY, 764 feet more or less, along said westerly
494	494	right-of-way line and the easterly line of said 48.00 acre tract to
495	495	the south corner of that certain called 2.266 acre tract conveyed to
496	496	SHADOW CREEK RANCH MAINTENANCE ASSOCIATION by an instrument of
497	497	record under File Number 01-048774, B.C.O.R.;
498	498	THENCE NORTHERLY, 1,014 feet more or less, along the easterly
499	499	line of said 48.00 acre tract to the northwest corner of said 2.266
500	500	acre tract, said point being on the southerly line of F.M. 2234 -
501	501	Shadow Creek Parkway (width varies);
502	502	THENCE WESTERLY, 978 feet more or less, along the north line
503	503	of said 48.00 acre tract to the northwest corner of said 48.00 acre
504	504	tract, said point being the northeast corner of Business Center
505	505	Drive (width varies at this point);
506	506	THENCE SOUTHERLY, 925 feet more or less, along the west line
507	507	of said 48.00 acre tract and the easterly right-of-way line of
508	508	Business Center Drive to a point opposite the southeast corner of
509	509	that certain called 17.5691 acre tract of land conveyed to GLOBAL
510	510	NEW MILLENIUM PARTNERS, LTD. by the instrument of record under
511	511	Document Number 2009057174, B.C.O.P.R.;
512	512	THENCE WESTERLY, 1,113 feet more or less, along the south
513	513	line of said called 17.5691 acre tract to the southwest corner of
514	514	the same;
515	515	THENCE NORTHERLY, 769 feet more or less, along the west line
516	516	of said called 17.5691 acre tract to the most westerly northwest
517	517	corner of the same;
518	518	THENCE NORTHEASTERLY, 429 feet more or less, along the
519	519	northwest line of said called 17.5691 acre tract to the south
520	520	right-of-way line and crossing to the north right-of-way line of
521	521	F.M. 2234 - Shadow Creek Parkway (160.00' wide);
522	522	THENCE EASTERLY, 464 feet more or less, along said north
523	523	right-of-way line, same being the south line of SHADOW CREEK RANCH
524	524	COMMERCIAL SITE NO. 18B, a subdivision of record under Document
525	525	Number 2007035195, B.C.O.P.R., to the southeast corner of said SITE
526	526	18B;
527	527	THENCE NORTHERLY, 515 feet more or less, along the east line
528	528	of said SITE 18B to a point on the south line of SHADOW CREEK
529	529	MARKETPLACE, a subdivision of record under Document Number
530	530	2008001974, B.C.O.P.R.
531	531	THENCE EASTERLY, 60 feet more or less, along said south line
532	532	to a point on the west right-of-way line of Business Center Drive
533	533	(100' wide);
534	534	THENCE NORTHERLY, 101 feet more or less, along said west
535	535	right-of-way line to a point on the north line of said SHADOW CREEK
536	536	MARKETPLACE;
537	537	THENCE NORTHEASTERLY, 1,674 feet more or less, along said
538	538	north line to a point on the south line of a called 48.4712 acre
539	539	tract of land conveyed to AMEGY MORTGAGE COMPANY, L.L.C., by the
540	540	instrument of record under Document Number 2010023540, B.C.O.P.R.;
541	541	THENCE EASTERLY, 792 feet more or less, along the south line
542	542	of said called 48.4712 acre tract to the west right-of-way line of
543	543	State Highway 288;
544	544	THENCE NORTHERLY, 4,620 feet more or less, along said west
545	545	right-of-way line to a point on the south right-of-way line of
546	546	Beltway 8, same being the Northern City Limit Line of
547	547	Pearland,Texas;
548	548	THENCE EASTERLY, 2,623 feet more or less, along said City
549	549	Limit Line, crossing and to a point on the east side of said State
550	550	Highway 288 for the northwest corner of the MINOR SUBDIVISION PLAT
551	551	OF REC-TIME SUBDIVISION, a subdivision of record under Film Code
552	552	600053 of the Harris County Map Records, (H.C.M.R.);
553	553	THENCE SOUTHERLY, 1,290 feet more or less, along the west
554	554	line of said MINOR SUBDIVISION PLAT OF REC-TIME SUBDIVISION to the
555	555	north line of TOM BASS PARK;
556	556	THENCE WESTERLY, 679 feet more or less, to the west line of
557	557	said PARK;
558	558	THENCE SOUTHERLY, 2,966 feet more or less, along said west
559	559	line to the north line of THE LAKES AT COUNTRYPLACE SECTION EIGHT, a
560	560	subdivision of record in Volume 21, Pages 173-174, B.C.P.R.;
561	561	THENCE WESTERLY, 116 feet more or less, SOUTHERLY 207 feet
562	562	more or less and WESTERLY 439 feet more or less, along said north
563	563	line to a point on the east right-of-way line of the aforementioned
564	564	State Highway 288;
565	565	THENCE SOUTHERLY to SOUTHEASTERLY, 1,682 feet more or less,
566	566	along said east right-of-way line to the north right-of-way line of
567	567	the aforementioned F.M. 2234-Shadow Creek Parkway;
568	568	THENCE EASTERLY, 250 feet more or less, along said north
569	569	right-of-way line to a point at the intersection with the east
570	570	right-of-way line of County Road 94 (100' wide) projected north;
571	571	THENCE SOUTHERLY, 3,536 feet more or less, along said east
572	572	right-of-way line to the northwest corner of SOUTHDOWN COMMERCIAL
573	573	RESERVE TRACT A, a subdivision of record in Volume 17, Pages
574	574	151-152, B.C.P.R.;
575	575	THENCE EASTERLY, 381 feet more or less, along the north line
576	576	of said SOUTHDOWN COMMERCIAL RESERVE TRACT A and SOUTHDOWN
577	577	COMMERCIAL RESERVE TRACT B, a subdivision of record in Volume 20,
578	578	Pages 225-226, B.C.P.R. to the northeast corner of said TRACT B;
579	579	THENCE SOUTHERLY, 264 feet more or less, along the east line
580	580	of said TRACT B to the north right-of-way line and crossing to the
581	581	south right-of-way line of Hughes Ranch Road (70' wide);
582	582	THENCE EASTERLY, 758 feet more or less, along said south
583	583	right-of-way line to the northwest corner of SERENE GARDENS, a
584	584	subdivision of record under Document Number 2012007617,
585	585	B.C.O.P.R.;
586	586	THENCE SOUTHERLY, 970 feet more or less, along the west line
587	587	of said SERENE GARDENS to the southwest corner of the same;
588	588	THENCE EASTERLY, 417 feet more or less, along the south line
589	589	of said SERENE GARDENS to the southeast corner of the same and being
590	590	on the west line of AUTUMN LAKE SECTION 2, a subdivision of record
591	591	in Volume 23, Pages 43-44, B.C.P.R.;
592	592	THENCE SOUTHERLY, 2,972 feet more or less, along said west
593	593	line of AUTUMN LAKE SECTION 2, AUTUMN LAKE SECTION 1, a subdivision
594	594	of record in Volume 21, Pages 111-116, B.C.P.R. and AUTUMN LAKE
595	595	SECTION 3, a subdivision of record in Volume 24, Page 19, B.C.P.R.
596	596	to the southwest corner of said SECTION 3;
597	597	THENCE EASTERLY, 906 feet more or less, along the south line
598	598	of said SECTION 3 to the southeast corner of the same being on the
599	599	east line of Lot 29 of the Allison-Richey Gulf Coast Home Company of
600	600	Suburban Gardens Subdivision, Section 85, a subdivision of record
601	601	in Volume 2, Page 107, B.C.P.R.;
602	602	THENCE SOUTHERLY, 1,283 feet more or less, along the east
603	603	line of said Lot 29 and Lot 30 of said Allison-Richey Subdivision,
604	604	same being the HOME DEPOT tract to the north right-of-way line of
605	605	F.M. 518 (130' wide at this point);
606	606	THENCE SOUTHWESTERLY, 154 feet more or less, crossing said
607	607	F.M. 518 to the south right-of-way line of the same;
608	608	THENCE SOUTHERLY, 420 feet more or less, over and across
609	609	SILVERLAKE COMMERCIAL PARK PHASE II, a subdivision of record in
610	610	Volume 20, Pages 99-100, B.C.P.R. to an angle point in the south
611	611	line of said SILVERLAKE COMMERCIAL PARK PHASE II;
612	612	THENCE WESTERLY, 520 feet more or less, along the south line
613	613	of said SILVERLAKE COMMERCIAL PARK PHASE II, passing the southwest
614	614	corner of the same on the east right-of-way line and crossing to the
615	615	west right-of-way line of the aforementioned County Road 94 (100'
616	616	wide);
617	617	THENCE SOUTHERLY, 280 feet more or less, along said west
618	618	right-of-way line to the southeast corner of SILVERLAKE COMMERCIAL
619	619	PARK PHASE VII, a subdivision of record in Volume 21, Pages 39-40,
620	620	B.C.P.R.;
621	621	THENCE WESTERLY, 570 feet more or less, along the south line
622	622	of said PHASE VII to the most easterly southeast corner of
623	623	SILVERLAKE POWER CENTER, a subdivision of record in Volume 21,
624	624	Pages 351-352, B.C.P.R.;
625	625	THENCE SOUTHWESTERLY, 2,248 feet more or less, along the
626	626	south and southeast line of said SILVERLAKE POWER CENTER to the most
627	627	westerly corner of SCOFIELD SECTION 1 AT SILVERLAKE, a subdivision
628	628	of record in Volume 20, Pages 299-300, B.C.P.R.;
629	629	THENCE SOUTHEASTERLY, 911 feet more or less, along the
630	630	southwest line of said SCOFIELD SECTION 1 to the westerly
631	631	right-of-way line of the aforementioned County Road 94;
632	632	THENCE SOUTHERLY, 3,012 feet more or less, along said
633	633	westerly right-of-way line to the north right-of-way line of the
634	634	aforementioned County Road 59;
635	635	THENCE WESTERLY, 451 feet more or less, along said north
636	636	right-of-way line to an angle point on the same and being common
637	637	with the east right-of-way line of the aforementioned State Highway
638	638	288;
639	639	THENCE NORTHWESTERLY, 389 feet more or less, along said east
640	640	right-of-way line to an angle point;
641	641	THENCE WESTERLY, 509 feet more or less, crossing said State
642	642	Highway 288 to an angle point on the west right-of-way line of the
643	643	same;
644	644	THENCE SOUTHWESTERLY, 381 feet more or less, along said west
645	645	right-of-way line to an angle point on the same and being common
646	646	with the north right-of-way line of the aforementioned County Road
647	647	59;
648	648	THENCE WESTERLY, 936 feet more or less, along said north
649	649	right-of-way line to the POINT OF BEGINNING and containing 1,483
650	650	acres, more or less, of land.
651	651	SECTION 3. (a) The legal notice of the intention to
652	652	introduce this Act, setting forth the general substance of this
653	653	Act, has been published as provided by law, and the notice and a
654	654	copy of this Act have been furnished to all persons, agencies,
655	655	officials, or entities to which they are required to be furnished
656	656	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
657	657	Government Code.
658	658	(b) The governor, one of the required recipients, has
659	659	submitted the notice and Act to the Texas Commission on
660	660	Environmental Quality.
661	661	(c) The Texas Commission on Environmental Quality has filed
662	662	its recommendations relating to this Act with the governor,
663	663	lieutenant governor, and speaker of the house of representatives
664	664	within the required time.
665	665	(d) The general law relating to consent by political
666	666	subdivisions to the creation of districts with conservation,
667	667	reclamation, and road powers and the inclusion of land in those
668	668	districts has been complied with.
669	669	(e) All requirements of the constitution and laws of this
670	670	state and the rules and procedures of the legislature with respect
671	671	to the notice, introduction, and passage of this Act have been
672	672	fulfilled and accomplished.
673	673	SECTION 4. This Act takes effect immediately if it receives
674	674	a vote of two-thirds of all the members elected to each house, as
675	675	provided by Section 39, Article III, Texas Constitution. If this
676	676	Act does not receive the vote necessary for immediate effect, this
677	677	Act takes effect September 1, 2013.
678	678
679	679	Pos. No. Name of Director
680	680
681	681	1 Teir Allender
682	682
683	683	2 Steve Chandler
684	684
685	685	3 Will Deane
686	686
687	687	4 Stephanie King
688	688
689	689	5 John Moody
690	690
691	691	6 Rushi Patel
692	692
693	693	7 Sylvester L. Roeder III