Texas 2015 84th Regular

Texas House Bill HB4156 Comm Sub / Bill

Filed 05/05/2015

                    84R23856 JSL-F
 By: Reynolds H.B. No. 4156
 Substitute the following for H.B. No. 4156:
 By:  Fallon C.S.H.B. No. 4156


 A BILL TO BE ENTITLED
 AN ACT
 relating to the creation of Missouri City Management District
 No. 2; providing authority to issue bonds; providing authority to
 impose assessments, fees, or taxes.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subtitle C, Title 4, Special District Local Laws
 Code, is amended by adding Chapter 3932 to read as follows:
 CHAPTER 3932.  MISSOURI CITY MANAGEMENT DISTRICT NO. 2
 SUBCHAPTER A.  GENERAL PROVISIONS
 Sec. 3932.001.  DEFINITIONS. In this chapter:
 (1)  "Board" means the district's board of directors.
 (2)  "City" means the City of Missouri City.
 (3)  "County" means Fort Bend County.
 (4)  "Director" means a board member.
 (5)  "District" means the Missouri City Management
 District No. 2.
 Sec. 3932.002.  NATURE OF DISTRICT. The Missouri City
 Management District No. 2 is a special district created under
 Section 59, Article XVI, Texas Constitution.
 Sec. 3932.003.  PURPOSE; DECLARATION OF INTENT. (a)  The
 creation of the district is essential to accomplish the purposes of
 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
 Texas Constitution, and other public purposes stated in this
 chapter. By creating the district and in authorizing the city, the
 county, and other political subdivisions to contract with the
 district, the legislature has established a program to accomplish
 the public purposes set out in Section 52-a, Article III, Texas
 Constitution.
 (b)  The creation of the district is necessary to promote,
 develop, encourage, and maintain employment, commerce,
 transportation, housing, tourism, recreation, the arts,
 entertainment, economic development, safety, and the public
 welfare in the district.
 (c)  This chapter and the creation of the district may not be
 interpreted to relieve the city or the county from providing the
 level of services provided as of the effective date of the Act
 enacting this chapter to the area in the district. The district is
 created to supplement and not to supplant city or county services
 provided in the district.
 Sec. 3932.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
 (a)  The district is created to serve a public use and benefit.
 (b)  All land and other property included in the district
 will benefit from the improvements and services to be provided by
 the district under powers conferred by Sections 52 and 52-a,
 Article III, and Section 59, Article XVI, Texas Constitution, and
 other powers granted under this chapter.
 (c)  The creation of the district is in the public interest
 and is essential to further the public purposes of:
 (1)  developing and diversifying the economy of the
 state;
 (2)  eliminating unemployment and underemployment; and
 (3)  developing or expanding transportation and
 commerce.
 (d)  The district will:
 (1)  promote the health, safety, and general welfare of
 residents, employers, potential employees, employees, visitors,
 and consumers in the district, and of the public;
 (2)  provide needed funding for the district to
 preserve, maintain, and enhance the economic health and vitality of
 the district territory as a community and business center;
 (3)  promote the health, safety, welfare, and enjoyment
 of the public by providing pedestrian ways and by landscaping and
 developing certain areas in the district, which are necessary for
 the restoration, preservation, and enhancement of scenic beauty;
 and
 (4)  provide for water, wastewater, drainage, road, and
 recreational facilities for the district.
 (e)  Pedestrian ways along or across a street, whether at
 grade or above or below the surface, and street lighting, street
 landscaping, parking, and street art objects are parts of and
 necessary components of a street and are considered to be a street
 or road improvement.
 (f)  The district will not act as the agent or
 instrumentality of any private interest even though the district
 will benefit many private interests as well as the public.
 Sec. 3932.005.  INITIAL DISTRICT TERRITORY. (a)  The
 district is initially composed of the territory described by
 Section 2 of the Act enacting this chapter.
 (b)  The boundaries and field notes contained in Section 2 of
 the Act enacting this chapter form a closure. A mistake in the
 field notes or in copying the field notes in the legislative process
 does not affect the district's:
 (1)  organization, existence, or validity;
 (2)  right to issue any type of bonds for the purposes
 for which the district is created or to pay the principal of and
 interest on the bonds;
 (3)  right to impose or collect an assessment or tax; or
 (4)  legality or operation.
 Sec. 3932.006.  ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
 All or any part of the area of the district is eligible to be
 included in:
 (1)  a tax increment reinvestment zone created under
 Chapter 311, Tax Code;
 (2)  a tax abatement reinvestment zone created under
 Chapter 312, Tax Code;
 (3)  an enterprise zone created under Chapter 2303,
 Government Code; or
 (4)  an industrial district created under Chapter 42,
 Local Government Code.
 Sec. 3932.007.  APPLICABILITY OF MUNICIPAL MANAGEMENT
 DISTRICTS LAW. Except as otherwise provided by this chapter,
 Chapter 375, Local Government Code, applies to the district.
 Sec. 3932.008.  CONSTRUCTION OF CHAPTER. This chapter shall
 be liberally construed in conformity with the findings and purposes
 stated in this chapter.
 SUBCHAPTER B. BOARD OF DIRECTORS
 Sec. 3932.051.  GOVERNING BODY; TERMS. (a)  The district is
 governed by a board of seven voting directors who serve staggered
 terms of four years, with three or four directors' terms expiring
 June 1 of each odd-numbered year.
 (b)  The board by resolution may change the number of voting
 directors on the board if the board determines that the change is in
 the best interest of the district. The board may not consist of
 fewer than 5 or more than 11 voting directors.
 Sec. 3932.052.  APPOINTMENT OF VOTING DIRECTORS. The mayor
 and members of the governing body of the city shall appoint voting
 directors from persons recommended by the board.  A person is
 appointed if a majority of the members of the governing body,
 including the mayor, vote to appoint that person.
 Sec. 3932.053.  NONVOTING DIRECTORS. The board may appoint
 nonvoting directors to serve at the pleasure of the voting
 directors.
 Sec. 3932.054.  QUORUM. For purposes of determining the
 requirements for a quorum of the board, the following are not
 counted:
 (1)  a board position vacant for any reason, including
 death, resignation, or disqualification;
 (2)  a director who is abstaining from participation in
 a vote because of a conflict of interest; or
 (3)  a nonvoting director.
 Sec. 3932.055.  COMPENSATION. A director is entitled to
 receive fees of office and reimbursement for actual expenses as
 provided by Section 49.060, Water Code. Sections 375.069 and
 375.070, Local Government Code, do not apply to the board.
 Sec. 3932.056.  INITIAL VOTING DIRECTORS.  (a)  The initial
 board consists of the following voting directors:
 Pos. No. Name of Director  Pos. No. Name of Director
 Pos. No. Name of Director
 1 John A. Van De Wiele  1 John A. Van De Wiele
 1 John A. Van De Wiele
 2 Jim Brown  2 Jim Brown
 2 Jim Brown
 3 Jack McDonald  3 Jack McDonald
 3 Jack McDonald
 4 Charles L. Howell, Jr.  4 Charles L. Howell, Jr.
 4 Charles L. Howell, Jr.
 5 Larry Pullen  5 Larry Pullen
 5 Larry Pullen
 6 Steven Perez  6 Steven Perez
 6 Steven Perez
 7 Rodney Griffin  7 Rodney Griffin
 7 Rodney Griffin
 (b)  Of the initial directors, the terms of directors
 appointed for positions one through four expire June 1, 2019, and
 the terms of directors appointed for positions five through seven
 expire June 1, 2017.
 (c)  Section 3932.052 does not apply to this section.
 SUBCHAPTER C. POWERS AND DUTIES
 Sec. 3932.101.  GENERAL POWERS AND DUTIES. The district has
 the powers and duties necessary to accomplish the purposes for
 which the district is created.
 Sec. 3932.102.  IMPROVEMENT PROJECTS AND SERVICES. The
 district may provide, design, construct, acquire, improve,
 relocate, operate, maintain, or finance an improvement project or
 service using any money available to the district, or contract with
 a governmental or private entity to provide, design, construct,
 acquire, improve, relocate, operate, maintain, or finance an
 improvement project or service authorized under this chapter or
 Chapter 375, Local Government Code.
 Sec. 3932.103.  DEVELOPMENT CORPORATION POWERS. The
 district, using money available to the district, may exercise the
 powers given to a development corporation under Chapter 505, Local
 Government Code, including the power to own, operate, acquire,
 construct, lease, improve, or maintain a project under that
 chapter.
 Sec. 3932.104.  NONPROFIT CORPORATION. (a)  The board by
 resolution may authorize the creation of a nonprofit corporation to
 assist and act for the district in implementing a project or
 providing a service authorized by this chapter.
 (b)  The nonprofit corporation:
 (1)  has each power of and is considered to be a local
 government corporation created under Subchapter D, Chapter 431,
 Transportation Code; and
 (2)  may implement any project and provide any service
 authorized by this chapter.
 (c)  The board shall appoint the board of directors of the
 nonprofit corporation. The board of directors of the nonprofit
 corporation shall serve in the same manner as the board of directors
 of a local government corporation created under Subchapter D,
 Chapter 431, Transportation Code, except that a board member is not
 required to reside in the district.
 Sec. 3932.105.  AGREEMENTS; GRANTS. (a)  As provided by
 Chapter 375, Local Government Code, the district may make an
 agreement with or accept a gift or grant from any person.  The
 district shall promptly notify the city of any gift or grant
 accepted by the district.
 (b)  The implementation of a project is a governmental
 function or service for the purposes of Chapter 791, Government
 Code.
 Sec. 3932.106.  LAW ENFORCEMENT SERVICES. To protect the
 public interest, the district may contract with a qualified party,
 including the county or the city, to provide law enforcement
 services in the district for a fee.
 Sec. 3932.107.  MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
 district may join and pay dues to a charitable or nonprofit
 organization that performs a service or provides an activity
 consistent with the furtherance of a district purpose.
 Sec. 3932.108.  PARKING FACILITIES. (a)  The district may
 acquire, lease as lessor or lessee, construct, develop, own,
 operate, and maintain parking facilities or a system of parking
 facilities, including lots, garages, parking terminals, or other
 structures or accommodations for parking motor vehicles off the
 streets and related appurtenances.
 (b)  The district's parking facilities serve the public
 purposes of the district and are owned, used, and held for a public
 purpose even if leased or operated by a private entity for a term of
 years.
 (c)  The district's parking facilities are parts of and
 necessary components of a street and are considered to be a street
 or road improvement.
 (d)  The development and operation of the district's parking
 facilities may be considered an economic development program.
 Sec. 3932.109.  ANNEXATION OF LAND. The district may annex
 land as provided by Subchapter J, Chapter 49, Water Code.
 Sec. 3932.110.  APPROVAL BY CITY.  (a)  Except as provided
 by Subsection (c), the district must obtain the approval of the city
 for:
 (1)  the issuance of bonds;
 (2)  the plans and specifications of an improvement
 project financed by bonds; and
 (3)  the plans and specifications of an improvement
 project related to the use of land owned by the city, an easement
 granted to or by the city, or a right-of-way of a street, road, or
 highway.
 (b)  The district may not issue bonds until the governing
 body of the city adopts a resolution or ordinance authorizing the
 issuance of the bonds.
 (c)  If the district obtains the approval of the city's
 governing body of a capital improvements budget for a period not to
 exceed five years, the district may finance the capital
 improvements and issue bonds specified in the budget without
 further approval from the city.
 (d)  The governing body of the city:
 (1)  is not required to adopt a resolution or ordinance
 to approve plans and specifications described by Subsection (a);
 and
 (2)  may establish an administrative process to approve
 plans and specifications described by Subsection (a) without the
 involvement of the governing body.
 Sec. 3932.111.  CONSENT OF CITY REQUIRED. The district may
 not take any of the following actions until the city has consented
 by ordinance or resolution to the creation of the district and to
 the inclusion of land in the district:
 (1)  hold an election under Subchapter L, Chapter 375,
 Local Government Code;
 (2)  impose an ad valorem tax;
 (3)  impose an assessment;
 (4)  issue bonds; or
 (5)  enter into an agreement to reimburse the costs of
 facilities.
 Sec. 3932.112.  NO EMINENT DOMAIN POWER.  The district may
 not exercise the power of eminent domain.
 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
 Sec. 3932.151.  DISBURSEMENTS AND TRANSFERS OF MONEY. The
 board by resolution shall establish the number of directors'
 signatures and the procedure required for a disbursement or
 transfer of district money.
 Sec. 3932.152.  MONEY USED FOR IMPROVEMENTS OR SERVICES.
 The district may acquire, construct, finance, operate, or maintain
 any improvement or service authorized under this chapter or Chapter
 375, Local Government Code, using any money available to the
 district.
 Sec. 3932.153.  PETITION REQUIRED FOR FINANCING SERVICES AND
 IMPROVEMENTS WITH ASSESSMENTS. (a)  The board may not finance a
 service or improvement project with assessments under this chapter
 unless a written petition requesting that service or improvement
 has been filed with the board.
 (b)  A petition filed under Subsection (a) must be signed by
 the owners of a majority of the assessed value of real property in
 the district subject to assessment according to the most recent
 certified tax appraisal roll for the county.
 Sec. 3932.154.  ASSESSMENTS; LIENS FOR ASSESSMENTS.
 (a)  The board by resolution may impose and collect an assessment
 for any purpose authorized by this chapter in all or any part of the
 district.
 (b)  An assessment, a reassessment, or an assessment
 resulting from an addition to or correction of the assessment roll
 by the district, penalties and interest on an assessment or
 reassessment, an expense of collection, and reasonable attorney's
 fees incurred by the district:
 (1)  are a first and prior lien against the property
 assessed;
 (2)  are superior to any other lien or claim other than
 a lien or claim for county, school district, or municipal ad valorem
 taxes; and
 (3)  are the personal liability of and a charge against
 the owners of the property even if the owners are not named in the
 assessment proceedings.
 (c)  The lien is effective from the date of the board's
 resolution imposing the assessment until the date the assessment is
 paid. The board may enforce the lien in the same manner that the
 board may enforce an ad valorem tax lien against real property.
 (d)  The board may make a correction to or deletion from the
 assessment roll that does not increase the amount of assessment of
 any parcel of land without providing notice and holding a hearing in
 the manner required for additional assessments.
 SUBCHAPTER E. TAXES AND BONDS
 Sec. 3932.201.  ELECTIONS REGARDING TAXES AND BONDS.
 (a)  The district may issue, without an election, bonds, notes, and
 other obligations secured by:
 (1)  revenue other than ad valorem taxes; or
 (2)  contract payments described by Section 3932.203.
 (b)  The district must hold an election in the manner
 provided by Subchapter L, Chapter 375, Local Government Code, to
 obtain voter approval before the district may impose an ad valorem
 tax or issue bonds payable from ad valorem taxes.
 (c)  Section 375.243, Local Government Code, does not apply
 to the district.
 (d)  All or any part of any facilities or improvements that
 may be acquired by a district by the issuance of its bonds may be
 submitted as a single proposition or as several propositions to be
 voted on at the election.
 Sec. 3932.202.  OPERATION AND MAINTENANCE TAX. (a)  If
 authorized by a majority of the district voters voting at an
 election held in accordance with Section 3932.201, the district may
 impose an operation and maintenance tax on taxable property in the
 district in accordance with Section 49.107, Water Code, for any
 district purpose, including to:
 (1)  maintain and operate the district;
 (2)  construct or acquire improvements; or
 (3)  provide a service.
 (b)  The board shall determine the tax rate. The rate may not
 exceed the rate approved at the election.
 (c)  Section 49.107(h), Water Code, does not apply to the
 district.
 Sec. 3932.203.  CONTRACT TAXES. (a)  In accordance with
 Section 49.108, Water Code, the district may impose a tax other than
 an operation and maintenance tax and use the revenue derived from
 the tax to make payments under a contract after the provisions of
 the contract have been approved by a majority of the district voters
 voting at an election held for that purpose.
 (b)  A contract approved by the district voters may contain a
 provision stating that the contract may be modified or amended by
 the board without further voter approval.
 Sec. 3932.204.  AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
 AND OTHER OBLIGATIONS. (a)  The district may borrow money on terms
 determined by the board. Section 375.205, Local Government Code,
 does not apply to a loan, line of credit, or other borrowing from a
 bank or financial institution secured by revenue other than ad
 valorem taxes.
 (b)  The district may issue bonds, notes, or other
 obligations payable wholly or partly from ad valorem taxes,
 assessments, impact fees, revenue, contract payments, grants, or
 other district money, or any combination of those sources of money,
 to pay for any authorized district purpose.
 (c)  The limitation on the outstanding principal amount of
 bonds, notes, and other obligations provided by Section 49.4645,
 Water Code, does not apply to the district.
 Sec. 3932.205.  TAXES FOR BONDS. At the time the district
 issues bonds payable wholly or partly from ad valorem taxes, the
 board shall provide for the annual imposition of a continuing
 direct annual ad valorem tax, without limit as to rate or amount,
 for each year that all or part of the bonds are outstanding as
 required and in the manner provided by Sections 54.601 and 54.602,
 Water Code.
 Sec. 3932.206.  CITY NOT REQUIRED TO PAY DISTRICT
 OBLIGATIONS. Except as provided by Section 375.263, Local
 Government Code, the city is not required to pay a bond, note, or
 other obligation of the district.
 SECTION 2.  The Missouri City Management District No. 2
 initially includes all territory contained in the following area:
 TRACT 1
 BEING a 152.586 acre tract situated in the Elijah Roark
 League Survey, Abstract 77, Fort Bend County, Texas same being
 Tract 11A of Olympia Estates. Said 152.586 acre tract being more
 particularly described by metes and bounds as follows (all bearings
 are referenced to the Texas Coordinate System, South Central Zone
 (nad83):
 BEGINNING at a 5/8-inch iron rod with cap stamped "COTTON"
 found for the intersection of the northwest line of a 80-foot wide H
 L & P Fee Strip recorded in Volume 495, Page 659, Fort Bend County
 Deed Records (FBCDR) and the east boundary line of Olympia Estates;
 THENCE, South 19'38'12", West, 2339.12 feet along said
 northwest line of the 80-foot wide H L & P Fee Strip to the
 centerline of a Proposed 80-foot wide Collector Road;
 THENCE, along the centerline of said Collector Road, THE
 FOLLOWING:
 273.94 feet along the arc of the curve to the left
 having a radius of 800.00 feet, a central angle of 19'37'11"
 and chord which bears North 23"17"47' West, 272.61 feet to a
 point of tangency,
 North 33'06'22' West, 519.69 feet to a point of
 curvature;
 1008.22 feet along the arc of a curve to the right
 having a radius of 2010.00 fee, a central angle of 28'44'23"
 and a chord which bears North 18'44'11" West, 997.68 feet to a
 point of tangency;
 North 04'21'59" West, 330.66 feet to a point of
 curvature;
 708.67 feet along the arc of a curve to the right,
 having a radius of 2010.00 feet a central angle of 20'12'03"
 and a chord which bears North 05'44'02" East, 705.00 feet to a
 point of tangency;
 North 15'50'03" East, 178.96 feet to a point of
 curvature;
 687.32 feet along the arc of a curve to left, having a
 radius of 1190.00 feet, a central angle of 33'05'34", and a
 chord which bears North 00'42'43" West, 677.80 feet to a point
 of tangency;
 North 17'15'30" West, 130.28 feet to a point of
 curvature;
 890.16 feet along the arc of a curve to the right having
 a radius of 3010.00 feet a central angle of 16'56'39" and a
 chord which bears North 08'47'10" West, 886.92 feet to a point
 of tangency;
 North 00'18'51" West, 793.93 feet to a point for corner
 in the north line of Senior Road (variable width Roadway
 Easement) as recorded in Volume 446, page 42 and Volume 446,
 page 49 FBCDR;
 THENCE, South 89'54'41" East, 1606.62 feet to the east
 boundary line of Olympia Estates;
 THENCE, South 00'17'18" West, 3100.93 feet to the POINT OF
 BEGINNING and containing a computed area of 152.586 acres
 (6,646,629 square feet) of land.
 TRACT 2
 BEING a 116.302 acre tract situated in the Cochran and
 McCluer Survey, Abstract 191, Fort Bend County, Texas. Said
 116.302 acre tract being more particularly described by metes and
 bounds as follows, (all bearings are referenced to the Texas
 Coordinate System, South Central Zone (NAD83):
 BEGINNING at a 1/2-inch iron rod set for the southwest corner
 of said 116.302 acre tract, same also being east R.O.W. corner of a
 Proposed Fort Bend County Toll Road with a variable R. O. W. width;
 THENCE, Northwesterly along west property line, same also
 being the east R.O.W. line of said Proposed Fort Bend County Toll
 Road, with a curve to the left, having a radius of 5,879,60 feet on
 arc length of 4,992.03' a chord bearing of N00'20'03"W, and a chord
 length of 4752.91' to a point of tangency;
 THENCE, N 24'10'28" W, continuing along west property line, a
 distance of 807.08 feet to an angle point;
 THENCE, N 11'34'52" W, continuing along west property line, a
 distance of 68'96 feet to a point of curvature;
 THENCE Northwesterly, continuing along west property line,
 with a curve to the left, having a radius of 1,453.39 feet, an arc
 length of 319.45', a chord bearing of N 17'52'40"W, a chord length of
 318.81 feet to a point of tangency;
 THENCE, N 24'10'28" W, continuing along west property line, a
 distance of 289.05 feet to an angle point;
 THENCE, N 23'37'13" W, continuing along west property line, a
 distance of 106.91 feet to an angle point;
 THENCE, N 38'55'39" E, continuing along west property line, a
 distance of 61.27 feet to an angle point;
 THENCE, N 00'04'56" E, continuing along west property line, a
 distance of 98.12 feet to an angle point;
 THENCE, N 89'55'04" W, continuing along west property line, a
 distance of 15.22 feet to an angle point;
 THENCE, N 53'23'49" W, continuing along west property line, a
 distance of 9/98 feet to a point marking the northwest corner and
 the north property line of said 116.302 acre tract;
 THENCE, S, 89'54'41" E, along north property line, a distance
 of 1,300.91 feet to an angle point marking the northeast corner of
 said 116.302 acre tract;
 THENCE, S. 00'18'51" E, along east property line, a distance
 of 793.93 feet to a point of curvature;
 THENCE, Southeasterly, continuing along east property line,
 with a curve to the left, having a radius of 3,010.00 feet an arc
 length of 890.16', a chord bearing of S 08'47'10" E and a chord
 length of 886.92 feet to a point of tangency;
 THENCE, S 17'15'30" E, continuing along east property line, a
 distance of 130.28 feet to a point of curvature;
 THENCE, Southeasterly, continuing along east property line,
 with a curve to the right, having a radius of 1,190.00 feet, an arch
 length of 687.32, a chord bearing of S 00'42'43" E, and a chord
 length of 677.80 feet to a point of tangency;
 THENCE, S 15'50'03" W, continuing along east property line, a
 distance of 178.96 feet to a point of curvature;
 THENCE, Southwesterly, continuing along east property line,
 with a curve to the right, having a radius of 2010.00 feet, and an
 arc length of 708.66 feet, a chord bearing of S 05'44'02" W, a chord
 length of 705.00 feet to a point of tangency;
 THENCE, S 04'21'59" E, continuing along east property line, a
 distance of 330.66 feet to appoint of curvature;
 THENCE, Southeasterly, continuing along the east property
 line, with a curve to the left, having a radius of 2010.00 feet and
 an arc length of 1008.22 feet a chord bearing of S 18'44'11" E, a
 chord length of 997.68 feet to a point of tangency;
 THENCE, S 33'06'22" E, continuing along east property line, a
 distance of 519.69 feet to a point of curvature;
 THENCE, Southeasterly, continuing along eh east property
 line, with a curve to the right, having a radius of 800.00 feet, and
 an arc length of 273.94 feet, a chord bearing of S 23'17'47" E, a
 chord length of 272.71 feet to an angle point;
 THENCE, S 19'38'12" W, along the east property line, a
 distance of 1188.58 feet to an angle point marking the southeast
 corner of said 116.302 acre tract;
 THENCE, S 89'06'43" W, along the south property line, a
 distance of 257.43 feet to a point of curvature;
 THENCE, Westerly, continuing along the south property line,
 with a curve to the left, having a radius of 117130.73 feet, and an
 arc length of 118.10 feet, a chord bearing of S 89'18'33" W, a chord
 length of 118.10 feet to a point of tangency;
 THENCE, S 89'30'22" W, continuing along south property line,
 a distance of 40.75 feet to an angle point;
 THENCE, N 86'20'48" W, continuing along south property line,
 a distance of 401.05 feet to an angle point;
 THENCE, N 82'48'17" W, continuing along south property line,
 a distance of 276.38 feet to the POINT OF BEGINNING and containing
 116.302 acres and 5,066,122.07 square feet;
 TRACT 3
 OF 38.4163 acres or 1,678.415 Square Feet of land being part
 of the remainder of that certain 80 acres tract of land, conveyed to
 HERMANN HEALTH CARE SYSTEM, Inc. by a deed recorded under Clerk's
 File No. 9774265, of the Fort Bend County Deed Records (F.B.C.D.R.)
 lying in the ELIJAH ROARK LEAGUE Survey, Abstract No. 77, in Fort
 Bend County, Texas, said 38.4163 Acre tract is more particularly
 described by metes and bounds as follows:
 BEGINNING at the North Right-of-Way of Trammel-Fresno Road,
 (A variable Width Right-of Way as monument and occupied), at the
 Southwest corner of that certain 961.03 acre tract of land conveyed
 to TEAL RUN, LTD & TEAL RUN No. 2, LTD BY A DEED RECORDED UNDER
 Volume 1923, Page 968, F.B.C.D.R., from which a 5/8 inch iron rod
 with a Cotton Cap found North, 1.98 feet and west, 0.39 feet;
 THENCE South 84 deg. 17 min. 58 sec. West , along the North
 Right-of-Way of said Trammel-Fresno Road, a distance of 380.11 feet
 to a point for corner, from which a 5/8 inch iron rod was found North
 0.15 feet and East 0.14 feet;
 THENCE South 89 deg. 08 min. 32 sec. West along the North
 Right-of-Way of said Trammel- Fresno Road, a distance of 711.97
 feet to a 5/8 inch iron rod found at a point for corner at the
 Southeast corner of that certain 6.269 acre tract of land conveyed
 to HOUSTON LIGHTING AND POWER Co. by a deed reordered under Volume
 495, Page 659, F.B.C.D.R.;
 THENCE North 19 deg. 38 min. 12 sec. East along the Southeast
 line of said 6.269 acre tract of land, a distance of 3289.59 feet to
 a point for corner, from which a 5/8 inch iron rod with a Cotton Cap
 was found North, 0.08 feet;
 THENCE South 00 deg. 17 min. 18 sec. West along the West line
 of said 961.03 acre tract of land a distance of 3049.90 feet to the
 POINT OF BEGINNING, containing within these calls 38.4163 acres or
 1,673,415 Square Feet of land as depicted on sheet 4 of 4 of a plat
 prepared by Donald K. Hall, R.P.L.S. No. 4070, dated November 20,
 2000, revised February 13, 2001, and June 28, 2001.
 SECTION 3.  (a)  The legal notice of the intention to
 introduce this Act, setting forth the general substance of this
 Act, has been published as provided by law, and the notice and a
 copy of this Act have been furnished to all persons, agencies,
 officials, or entities to which they are required to be furnished
 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
 Government Code.
 (b)  The governor, one of the required recipients, has
 submitted the notice and Act to the Texas Commission on
 Environmental Quality.
 (c)  The Texas Commission on Environmental Quality has filed
 its recommendations relating to this Act with the governor,
 lieutenant governor, and speaker of the house of representatives
 within the required time.
 (d)  All requirements of the constitution and laws of this
 state and the rules and procedures of the legislature with respect
 to the notice, introduction, and passage of this Act have been
 fulfilled and accomplished.
 SECTION 4.  This Act takes effect immediately if it receives
 a vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution.  If this
 Act does not receive the vote necessary for immediate effect, this
 Act takes effect September 1, 2015.

 Pos. No. Name of Director

 1 John A. Van De Wiele

 2 Jim Brown

 3 Jack McDonald

 4 Charles L. Howell, Jr.

 5 Larry Pullen

 6 Steven Perez

 7 Rodney Griffin