Texas 2015 - 84th Regular

Texas Senate Bill SB1363 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Kolkhorst S.B. No. 1363
2	2	(Zerwas)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of Simonton Management District No. 1;
8	8	providing authority to issue bonds; providing authority to impose
9	9	assessments, fees, or taxes.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 4, Special District Local Laws
12	12	Code, is amended by adding Chapter 3934 to read as follows:
13	13	CHAPTER 3934. SIMONTON MANAGEMENT DISTRICT NO. 1
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 3934.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "City" means the City of Simonton.
18	18	(3) "County" means Fort Bend County.
19	19	(4) "Director" means a board member.
20	20	(5) "District" means the Simonton Management District
21	21	No. 1.
22	22	Sec. 3934.002. NATURE OF DISTRICT. The Simonton Management
23	23	District No. 1 is a special district created under Section 59,
24	24	Article XVI, Texas Constitution.
25	25	Sec. 3934.003. 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. 3934.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
46	46	(a) The district is created to serve a public use and benefit.
47	47	(b) All land and other property included in the district
48	48	will benefit from the improvements and services to be provided by
49	49	the district under powers conferred by Sections 52 and 52-a,
50	50	Article III, and Section 59, Article XVI, Texas Constitution, and
51	51	other powers granted under this chapter.
52	52	(c) The creation of the district is in the public interest
53	53	and is essential to further the public purposes of:
54	54	(1) developing and diversifying the economy of the
55	55	state;
56	56	(2) eliminating unemployment and underemployment; and
57	57	(3) developing or expanding transportation and
58	58	commerce.
59	59	(d) The district will:
60	60	(1) promote the health, safety, and general welfare of
61	61	residents, employers, potential employees, employees, visitors,
62	62	and consumers in the district, and of the public;
63	63	(2) provide needed funding for the district to
64	64	preserve, maintain, and enhance the economic health and vitality of
65	65	the district territory as a community and business center;
66	66	(3) promote the health, safety, welfare, and enjoyment
67	67	of the public by providing pedestrian ways and by landscaping and
68	68	developing certain areas in the district, which are necessary for
69	69	the restoration, preservation, and enhancement of scenic beauty;
70	70	and
71	71	(4) provide for water, wastewater, drainage, road, and
72	72	recreational facilities for the district.
73	73	(e) Pedestrian ways along or across a street, whether at
74	74	grade or above or below the surface, and street lighting, street
75	75	landscaping, parking, and street art objects are parts of and
76	76	necessary components of a street and are considered to be a street
77	77	or road improvement.
78	78	(f) The district will not act as the agent or
79	79	instrumentality of any private interest even though the district
80	80	will benefit many private interests as well as the public.
81	81	Sec. 3934.005. INITIAL DISTRICT TERRITORY. (a) The
82	82	district is initially composed of the territory described by
83	83	Section 2 of the Act enacting this chapter.
84	84	(b) The boundaries and field notes contained in Section 2 of
85	85	the Act enacting this chapter form a closure. A mistake in the
86	86	field notes or in copying the field notes in the legislative process
87	87	does not affect the district's:
88	88	(1) organization, existence, or validity;
89	89	(2) right to issue any type of bonds for the purposes
90	90	for which the district is created or to pay the principal of and
91	91	interest on the bonds;
92	92	(3) right to impose or collect an assessment or tax; or
93	93	(4) legality or operation.
94	94	Sec. 3934.006. APPLICABILITY OF MUNICIPAL MANAGEMENT
95	95	DISTRICTS LAW. Except as otherwise provided by this chapter,
96	96	Chapter 375, Local Government Code, applies to the district.
97	97	Sec. 3934.007. CONSTRUCTION OF CHAPTER. This chapter shall
98	98	be liberally construed in conformity with the findings and purposes
99	99	stated in this chapter.
100	100	SUBCHAPTER B. BOARD OF DIRECTORS
101	101	Sec. 3934.051. GOVERNING BODY; TERMS. (a) The district is
102	102	governed by a board of five voting directors who serve staggered
103	103	terms of four years, with two or three directors' terms expiring
104	104	June 1 of each odd-numbered year.
105	105	(b) The board by resolution may change the number of voting
106	106	directors on the board if the board determines that the change is in
107	107	the best interest of the district. The board may not consist of
108	108	fewer than five or more than nine voting directors.
109	109	Sec. 3934.052. APPOINTMENT OF VOTING DIRECTORS. The mayor
110	110	and members of the governing body of the city shall appoint voting
111	111	directors from persons recommended by the board. A person is
112	112	appointed if a majority of the members of the governing body,
113	113	including the mayor, vote to appoint that person.
114	114	Sec. 3934.053. NONVOTING DIRECTORS. The board may appoint
115	115	nonvoting directors to serve at the pleasure of the voting
116	116	directors.
117	117	Sec. 3934.054. QUORUM. For purposes of determining the
118	118	requirements for a quorum of the board, the following are not
119	119	counted:
120	120	(1) a board position vacant for any reason, including
121	121	death, resignation, or disqualification;
122	122	(2) a director who is abstaining from participation in
123	123	a vote because of a conflict of interest; or
124	124	(3) a nonvoting director.
125	125	Sec. 3934.055. COMPENSATION. A director is entitled to
126	126	receive fees of office and reimbursement for actual expenses as
127	127	provided by Section 49.060, Water Code. Sections 375.069 and
128	128	375.070, Local Government Code, do not apply to the board.
129	129	Sec. 3934.056. INITIAL VOTING DIRECTORS. (a) The initial
130	130	board consists of the following voting directors:
131	131	Pos. No. Name of Director Pos. No. Name of Director
132	132	Pos. No. Name of Director
133	133	1 CJ Aber 1 CJ Aber
134	134	1 CJ Aber
135	135	2 Debra Sabrsula 2 Debra Sabrsula
136	136	2 Debra Sabrsula
137	137	3 Jeff Cannon 3 Jeff Cannon
138	138	3 Jeff Cannon
139	139	4 Steve Littlefield 4 Steve Littlefield
140	140	4 Steve Littlefield
141	141	5 Mac McAleer 5 Mac McAleer
142	142	5 Mac McAleer
143	143	(b) Of the initial directors, the terms of directors
144	144	appointed for positions one through three expire June 1, 2017, and
145	145	the terms of directors appointed for positions four and five expire
146	146	June 1, 2019.
147	147	(c) Section 3934.052 does not apply to this section.
148	148	SUBCHAPTER C. POWERS AND DUTIES
149	149	Sec. 3934.101. GENERAL POWERS AND DUTIES. The district has
150	150	the powers and duties necessary to accomplish the purposes for
151	151	which the district is created.
152	152	Sec. 3934.102. IMPROVEMENT PROJECTS AND SERVICES. The
153	153	district may provide, design, construct, acquire, improve,
154	154	relocate, operate, maintain, or finance an improvement project or
155	155	service using any money available to the district, or contract with
156	156	a governmental or private entity to provide, design, construct,
157	157	acquire, improve, relocate, operate, maintain, or finance an
158	158	improvement project or service authorized under this chapter or
159	159	Chapter 375, Local Government Code.
160	160	Sec. 3934.103. DEVELOPMENT CORPORATION POWERS. The
161	161	district, using money available to the district, may exercise the
162	162	powers given to a development corporation under Chapter 505, Local
163	163	Government Code, including the power to own, operate, acquire,
164	164	construct, lease, improve, or maintain a project under that
165	165	chapter.
166	166	Sec. 3934.104. NONPROFIT CORPORATION. (a) The board by
167	167	resolution may authorize the creation of a nonprofit corporation to
168	168	assist and act for the district in implementing a project or
169	169	providing a service authorized by this chapter.
170	170	(b) The nonprofit corporation:
171	171	(1) has each power of and is considered to be a local
172	172	government corporation created under Subchapter D, Chapter 431,
173	173	Transportation Code; and
174	174	(2) may implement any project and provide any service
175	175	authorized by this chapter.
176	176	(c) The board shall appoint the board of directors of the
177	177	nonprofit corporation. The board of directors of the nonprofit
178	178	corporation shall serve in the same manner as the board of directors
179	179	of a local government corporation created under Subchapter D,
180	180	Chapter 431, Transportation Code, except that a board member is not
181	181	required to reside in the district.
182	182	Sec. 3934.105. AGREEMENTS; GRANTS. (a) As provided by
183	183	Chapter 375, Local Government Code, the district may make an
184	184	agreement with or accept a gift, grant, or loan from any person.
185	185	(b) The implementation of a project is a governmental
186	186	function or service for the purposes of Chapter 791, Government
187	187	Code.
188	188	Sec. 3934.106. LAW ENFORCEMENT SERVICES. To protect the
189	189	public interest, the district may contract with a qualified party,
190	190	including the county or the city, to provide law enforcement
191	191	services in the district for a fee.
192	192	Sec. 3934.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
193	193	district may join and pay dues to a charitable or nonprofit
194	194	organization that performs a service or provides an activity
195	195	consistent with the furtherance of a district purpose.
196	196	Sec. 3934.108. ECONOMIC DEVELOPMENT. (a) The district may
197	197	engage in activities that accomplish the economic development
198	198	purposes of the district.
199	199	(b) The district may establish and provide for the
200	200	administration of one or more programs to promote state or local
201	201	economic development and to stimulate business and commercial
202	202	activity in the district, including programs to:
203	203	(1) make loans and grants of public money; and
204	204	(2) provide district personnel and services.
205	205	(c) The district may create economic development programs
206	206	and exercise the economic development powers provided to
207	207	municipalities by Chapter 380, Local Government Code.
208	208	Sec. 3934.109. PARKING FACILITIES. (a) The district may
209	209	acquire, lease as lessor or lessee, construct, develop, own,
210	210	operate, and maintain parking facilities or a system of parking
211	211	facilities, including lots, garages, parking terminals, or other
212	212	structures or accommodations for parking motor vehicles off the
213	213	streets and related appurtenances.
214	214	(b) The district's parking facilities serve the public
215	215	purposes of the district and are owned, used, and held for a public
216	216	purpose even if leased or operated by a private entity for a term of
217	217	years.
218	218	(c) The district's parking facilities are parts of and
219	219	necessary components of a street and are considered to be a street
220	220	or road improvement.
221	221	(d) The development and operation of the district's parking
222	222	facilities may be considered an economic development program.
223	223	Sec. 3934.110. ANNEXATION OF LAND. The district may annex
224	224	land as provided by Subchapter J, Chapter 49, Water Code.
225	225	Sec. 3934.111. APPROVAL BY CITY. Section 375.207, Local
226	226	Government Code, does not apply to the district.
227	227	Sec. 3934.112. NO EMINENT DOMAIN POWER. The district may
228	228	not exercise the power of eminent domain.
229	229	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
230	230	Sec. 3934.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
231	231	board by resolution shall establish the number of directors'
232	232	signatures and the procedure required for a disbursement or
233	233	transfer of district money.
234	234	Sec. 3934.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
235	235	The district may acquire, construct, finance, operate, or maintain
236	236	any improvement or service authorized under this chapter or Chapter
237	237	375, Local Government Code, using any money available to the
238	238	district.
239	239	Sec. 3934.153. PETITION REQUIRED FOR FINANCING SERVICES AND
240	240	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
241	241	service or improvement project with assessments under this chapter
242	242	unless a written petition requesting that service or improvement
243	243	has been filed with the board.
244	244	(b) A petition filed under Subsection (a) must be signed by
245	245	the owners of a majority of the assessed value of real property in
246	246	the district subject to assessment according to the most recent
247	247	certified tax appraisal roll for the county.
248	248	Sec. 3934.154. ASSESSMENTS; LIENS FOR ASSESSMENTS.
249	249	(a) The board by resolution may impose and collect an assessment
250	250	for any purpose authorized by this chapter in all or any part of the
251	251	district.
252	252	(b) An assessment, a reassessment, or an assessment
253	253	resulting from an addition to or correction of the assessment roll
254	254	by the district, penalties and interest on an assessment or
255	255	reassessment, an expense of collection, and reasonable attorney's
256	256	fees incurred by the district:
257	257	(1) are a first and prior lien against the property
258	258	assessed;
259	259	(2) are superior to any other lien or claim other than
260	260	a lien or claim for county, school district, or municipal ad valorem
261	261	taxes; and
262	262	(3) are the personal liability of and a charge against
263	263	the owners of the property even if the owners are not named in the
264	264	assessment proceedings.
265	265	(c) The lien is effective from the date of the board's
266	266	resolution imposing the assessment until the date the assessment is
267	267	paid. The board may enforce the lien in the same manner that the
268	268	board may enforce an ad valorem tax lien against real property.
269	269	(d) The board may make a correction to or deletion from the
270	270	assessment roll that does not increase the amount of assessment of
271	271	any parcel of land without providing notice and holding a hearing in
272	272	the manner required for additional assessments.
273	273	Sec. 3934.155. TAX AND ASSESSMENT ABATEMENTS. The district
274	274	may designate reinvestment zones and may grant abatements of
275	275	district taxes or assessments on property in the zones.
276	276	SUBCHAPTER E. TAXES AND BONDS
277	277	Sec. 3934.201. ELECTIONS REGARDING TAXES AND BONDS.
278	278	(a) The district may issue, without an election, bonds, notes, and
279	279	other obligations secured by:
280	280	(1) revenue other than ad valorem taxes; or
281	281	(2) contract payments described by Section 3934.203.
282	282	(b) The district must hold an election in the manner
283	283	provided by Subchapter L, Chapter 375, Local Government Code, to
284	284	obtain voter approval before the district may impose an ad valorem
285	285	tax or issue bonds payable from ad valorem taxes.
286	286	(c) Section 375.243, Local Government Code, does not apply
287	287	to the district.
288	288	(d) All or any part of any facilities or improvements that
289	289	may be acquired by a district by the issuance of its bonds may be
290	290	submitted as a single proposition or as several propositions to be
291	291	voted on at the election.
292	292	Sec. 3934.202. OPERATION AND MAINTENANCE TAX. (a) If
293	293	authorized by a majority of the district voters voting at an
294	294	election held in accordance with Section 3934.201, the district may
295	295	impose an operation and maintenance tax on taxable property in the
296	296	district in accordance with Section 49.107, Water Code, for any
297	297	district purpose, including to:
298	298	(1) maintain and operate the district;
299	299	(2) construct or acquire improvements; or
300	300	(3) provide a service.
301	301	(b) The board shall determine the tax rate. The rate may not
302	302	exceed the rate approved at the election.
303	303	(c) Section 49.107(h), Water Code, does not apply to the
304	304	district.
305	305	Sec. 3934.203. CONTRACT TAXES. (a) In accordance with
306	306	Section 49.108, Water Code, the district may impose a tax other than
307	307	an operation and maintenance tax and use the revenue derived from
308	308	the tax to make payments under a contract after the provisions of
309	309	the contract have been approved by a majority of the district voters
310	310	voting at an election held for that purpose.
311	311	(b) A contract approved by the district voters may contain a
312	312	provision stating that the contract may be modified or amended by
313	313	the board without further voter approval.
314	314	Sec. 3934.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
315	315	AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
316	316	determined by the board. Section 375.205, Local Government Code,
317	317	does not apply to a loan, line of credit, or other borrowing from a
318	318	bank or financial institution secured by revenue other than ad
319	319	valorem taxes.
320	320	(b) The district may issue bonds, notes, or other
321	321	obligations payable wholly or partly from ad valorem taxes,
322	322	assessments, impact fees, revenue, contract payments, grants, or
323	323	other district money, or any combination of those sources of money,
324	324	to pay for any authorized district purpose. The district may pledge
325	325	ad valorem taxes to bonds, notes, or other obligations only as
326	326	authorized by the Texas Constitution.
327	327	(c) The limitation on the outstanding principal amount of
328	328	bonds, notes, and other obligations provided by Section 49.4645,
329	329	Water Code, does not apply to the district.
330	330	Sec. 3934.205. TAXES FOR BONDS. At the time the district
331	331	issues bonds payable wholly or partly from ad valorem taxes, the
332	332	board shall provide for the annual imposition of a continuing
333	333	direct annual ad valorem tax, without limit as to rate or amount,
334	334	for each year that all or part of the bonds are outstanding as
335	335	required and in the manner provided by Sections 54.601 and 54.602,
336	336	Water Code.
337	337	Sec. 3934.206. CITY NOT REQUIRED TO PAY DISTRICT
338	338	OBLIGATIONS. Except as provided by Section 375.263, Local
339	339	Government Code, the city is not required to pay a bond, note, or
340	340	other obligation of the district.
341	341	SECTION 2. The Simonton Management District No. 1 initially
342	342	includes all territory contained in the following area:
343	343	TRACT 1
344	344	Being 33.2 acres, more or less, of land situated in the Thomas
345	345	Westall League, Abstract 92, Fort Bend County, Texas, more
346	346	particularly being that certain called 0.681 acre tract (described
347	347	as Tract No. 1), that certain 1.630 acre tract (described as Tract
348	348	No. 2), and that certain 1.019 acre tract (described as Tract No. 3 &
349	349	4), all conveyed to CBDS Investments, Inc. by instrument of record
350	350	in File No. 2006104265 of the Official Public Records of said Fort
351	351	Bend County, Texas (F.B.C.O.P.R.), that certain called 1.012 acre
352	352	tract of land conveyed to CBDS Investments, Inc., by instrument of
353	353	record in File No. 2006110957, F.B.C.O.P.R., that certain called
354	354	1.19 acre tract of land conveyed to FM 1489 Farms, Inc., by
355	355	instrument of record in File No. 2006076342, F.B.C.O.P.R., now
356	356	owned by Twinwood (U.S.), Inc. as conveyed in File No. 2012121483,
357	357	F.B.C.O.P.R., and a portion of that certain called 42.35 acre tract
358	358	conveyed to FM 1489 Farms, Inc., by instrument of record in File
359	359	No. 2006076344, F.B.C.O.P.R., now owned by Twinwood (U.S.), Inc. as
360	360	conveyed in File No. 2012121483, F.B.C.O.P.R., said 33.2 acre tract
361	361	being more particularly described by metes and bounds as follows:
362	362	BEGINNING at the southwesterly corner of the aforementioned
363	363	42.35 acre tract, said point being on the northerly line of F.M.
364	364	1093;
365	365	Thence, Northerly, along the westerly line of said 42.35 acre
366	366	tract, 871 feet, more or less, to a point for corner, said point
367	367	being at the approximate City Limits Line of Simonton;
368	368	Thence, Easterly, along the approximate City Limits Line of
369	369	Simonton, 1,704 feet, more or less, to a point for corner, said
370	370	point being on the easterly line of said 42.35 acre tract and the
371	371	westerly right-of-way line of said F.M. 1489, the beginning of a
372	372	curve;
373	373	Thence, Southerly along the westerly line of said 42.35 acre
374	374	tract, the westerly line of the aforementioned 1.19 acre tract and
375	375	the easterly right-of-way line of said F.M. 1489, 336 feet, more or
376	376	less, along the arc of a non-tangent curve to the right, having a
377	377	radius of 5,679.65 feet, to a westerly corner of said 42.35 acre
378	378	tract;
379	379	Thence, Southerly, along the easterly lines of said 42.35
380	380	acre tract and the aforementioned 0.681 acre tract and the westerly
381	381	right-of-way line of said F.M. 1489, 580 feet, more or less, to a
382	382	point for corner, said point being on the southerly line of the
383	383	aforementioned 1.630 acre;
384	384	Thence, Westerly, along the southerly line of said 1.630 acre
385	385	tract, 162 feet, more or less, to the southwesterly corner of said
386	386	1.630 acre tract;
387	387	Thence, Northerly, along a westerly line of said 1.630 acre
388	388	tract, 95 feet, more or less, to the southeasterly corner of the
389	389	aforementioned 1.012 acre tract, said point being in the northerly
390	390	right-of-way line of said F.M. 1093;
391	391	Thence, Westerly, along the northerly right-of-way line of
392	392	said F.M. 1093 and the southerly line of said 1.012 acre tract, 198
393	393	feet, more or less, to the southwesterly corner of said 1.012 acre
394	394	tract, said point being on the easterly line of the aforementioned
395	395	1.019 acre tract;
396	396	Thence, Southerly, along the easterly line of said 1.019 acre
397	397	tract, 5 feet, more or less, to the southeasterly corner of said
398	398	1.019 acre tract, said point being on the northerly right-of-way
399	399	line of said F.M. 1093;
400	400	Thence, Westerly, along a southerly line of said 1.019 acre
401	401	tract and the northerly right-of-way line of said F.M. 1093, 118
402	402	feet, more or less, to a southerly corner of said 1.019 acre tract;
403	403	Thence, Southerly, along a southerly line of said 1.019 acre
404	404	tract and a northerly right-of-way line of said F.M. 1093, 5 feet,
405	405	more or less, to a southerly corner of said 1.019 acre tract;
406	406	Thence, Westerly, along a southerly line of said 1.019 acre
407	407	tract and the northerly right-of-way line of said F.M. 1093, 51
408	408	feet, more or less, to the southwesterly corner of said 1.019 acre
409	409	tract;
410	410	Thence, Northerly, departing the northerly right-of-way line
411	411	of said F.M. 1093, along the westerly line of said 1.019 acre tract,
412	412	159 feet, more or less, to a southerly corner of the aforementioned
413	413	42.35 acre tract;
414	414	Thence, Westerly, along a southerly line of said 42.35 acre
415	415	tract, 168 feet, more or less, to a southerly interior corner of
416	416	said 42.35 acre tract;
417	417	Thence, Southerly, along a southerly interior line of said
418	418	42.35 acre tract, 156 feet, more or less, to a southerly corner of
419	419	said 42.35 acre tract, said point being on the northerly
420	420	right-of-way line of said F.M. 1093;
421	421	Thence, Westerly, along a southerly line of said 42.35 acre
422	422	tract and the northerly right-of-way line of said F.M. 1093, 1,070
423	423	feet, more or less, to the POINT OF BEGINNING and containing 33.2
424	424	acres of land, more or less.
425	425	TRACT 2
426	426	Being 102 acres, more or less, of land situated in the Thomas
427	427	Westall League, Abstract 92, Fort Bend County, Texas, more
428	428	particularly being a portion of that certain called 42.35 acre
429	429	tract of land conveyed to FM 1489 Farms, Inc., by instrument of
430	430	record in File No. 2006076344, in the Official Public Records of
431	431	said Fort Bend County, Texas (F.B.C.O.P.R.), now owned by Twinwood
432	432	(U.S.), Inc. as conveyed in File No. 2012121483, F.B.C.O.P.R., a
433	433	portion of that certain called 69.1455 acre tract conveyed to FM
434	434	1489 Farms, Inc. by instrument of record in File No. 2008055874,
435	435	now owned by Twinwood (U.S.), Inc. as conveyed in File
436	436	No. 2012121483, F.B.C.O.P.R., and that certain called 63.46 acre
437	437	tract conveyed to FM 1489 Farms, Inc. by instrument of record in
438	438	File No. 2006076347, F.B.C.O.P.R., now owned by Twinwood (U.S.),
439	439	Inc. as conveyed in File No. 2012121483, F.B.C.O.P.R., said 102
440	440	acre tract being more particularly described by metes and bounds as
441	441	follows:
442	442	BEGINNING at the most westerly southwest corner of said
443	443	69.1455 acre tract;
444	444	Thence, Northerly, along an easterly line of said 69.1455
445	445	acre tract, 190 feet, more or less, to a point for corner, said
446	446	point being at the approximate ETJ Line of Simonton;
447	447	Thence, Easterly, along the approximate ETJ Line of Simonton,
448	448	2,169 feet, more or less, to a point for corner, said point being on
449	449	a northeasterly line of said 69.1455 acre tract;
450	450	Thence, Southeasterly, along the northeasterly line of said
451	451	69.1455 acre tract, 402 feet to an easterly corner of said 69.1455
452	452	acre tract, said point being on the westerly right-of-way line of
453	453	F.M. 1489;
454	454	Thence, Southerly, along the easterly line of said 69.1455
455	455	acre tract, the easterly line of the aforementioned 63.46 acre
456	456	tract, and the westerly right-of-way line of said F.M. 1489, 1,507
457	457	feet, more or less, to an easterly corner of said 63.46 acre tract,
458	458	the beginning of a curve;
459	459	Thence, Southerly, along the westerly line of said 63.46 acre
460	460	tract and the westerly right-of-way line of said F.M. 1489, 437
461	461	feet, more or less, along the arc of a tangent curve to the left,
462	462	having a radius of 5,779.65 feet to an easterly corner of said 63.46
463	463	acre tract;
464	464	Thence, Southerly along the easterly line of said 63.46 acre
465	465	tract, an easterly line of the aforementioned 42.35 acre tract, and
466	466	the westerly right-of-way line of said F.M. 1489, 365 feet, more or
467	467	less, to an easterly corner of said 42.35 acre tract, the beginning
468	468	of a curve;
469	469	Thence, Southerly, along the an easterly line of said 42.35
470	470	acre tract and the westerly right-of-way line of said F.M. 1489, 94
471	471	feet, more or less, along the arc of a tangent curve to the right,
472	472	having a radius of 5,679.65 feet, to a point for corner, said point
473	473	being at the approximate City Limits Line of Simonton;
474	474	Thence, Westerly, along the approximate City Limits Line of
475	475	Simonton, 1,704 feet, more or less, to a point for corner, said
476	476	point being on the westerly line of said 42.35 acre tract;
477	477	Thence, Northerly, along the westerly lines of said 42.35
478	478	acre tract, said 63.46 acre tract, and said 69.1455 acre tract,
479	479	2,443 feet, more or less, to a southwesterly interior corner of said
480	480	69.1455 acre tract;
481	481	Thence Westerly, along a southerly line of said 69.1455 acre
482	482	tract, 943 feet, more or less, to the POINT OF BEGINNING and
483	483	containing 102 acres of land, more or less.
484	484	TRACT 3
485	485	Being 138 acres, more or less, of land situated in the Thomas
486	486	Westall League, Abstract 92, Fort Bend County, Texas, more
487	487	particularly being a portion of that certain called 200.15 acre
488	488	tract of land conveyed to Hady Creek Ranch, Inc. by instrument of
489	489	record in File No. 2006084768 of the Official Public Records of
490	490	said Fort Bend County, Texas (F.B.C.O.P.R.), now owned by Twinwood
491	491	(U.S.), Inc. as conveyed in File No. 2012121483, F.B.C.O.P.R., and
492	492	that certain 1.6858 acre tract of land conveyed to Hady Creek Ranch,
493	493	Inc. by instrument of record in File No. 2006084767, F.B.C.O.P.R.,
494	494	now owned by Twinwood (U.S.), Inc. as conveyed in File
495	495	No. 2012121483, F.B.C.O.P.R., said 138 acre tract being more
496	496	particularly described by metes and bounds as follows:
497	497	BEGINNING at the southeasterly corner of said 200.15 acre
498	498	tract;
499	499	Thence, Westerly, along a southerly line of said 200.15 acre
500	500	tract, 1,414 feet, more or less, to a southwesterly corner of said
501	501	200.15 acre tract;
502	502	Thence, Northerly, along a southerly line of said 200.15 acre
503	503	tract, 50 feet, more or less, to a southwesterly corner of said
504	504	200.15 acre tract;
505	505	Thence, Westerly, along a southerly line of said 200.15 acre
506	506	tract, 258 feet, more or less, to a southwesterly corner of said
507	507	200.15 acre tract, said point being on the easterly right-of-way
508	508	line of F.M. 1489;
509	509	Thence, Northerly, along a westerly line of said 200.15 acre
510	510	tract and the easterly line of said F.M. 1489, 570 feet, more or
511	511	less, to a westerly corner of said 200.15 acre tract, the beginning
512	512	of a curve;
513	513	Thence, Northerly, along a westerly line of said 200.15 acre
514	514	tract and the easterly line of said F.M. 1489, 437 feet, more or
515	515	less, along the arc of a tangent curve to the left, having a radius
516	516	of 5,779.65 feet, to a westerly corner of said 200.15 acre tract;
517	517	Thence, Northerly, along a westerly line of said 200.15 acre
518	518	tract and the easterly line of said F.M. 1489, 365 feet, more or
519	519	less to a westerly corner of said 200.15 acre tract, the beginning
520	520	of a curve;
521	521	Thence, Northerly, along a westerly line of said 200.15 acre
522	522	tract and the easterly line of said F.M. 1489, 430 feet, more or
523	523	less, along the arc of a tangent curve to the right, having a radius
524	524	of 5,679.65 feet, to a westerly corner of said 200.15 acre tract;
525	525	Thence, Northerly, along a westerly line of said 200.15 acre
526	526	tract and the easterly right-of-way line of said F.M. 1489, 1,801
527	527	feet, more or less, to a point for corner, said point being at the
528	528	approximate ETJ Line of Simonton, the beginning of a curve;
529	529	Thence, Southeasterly, along the approximate ETJ Line of
530	530	Simonton, 2,115 feet, more or less, along the arc of a non-tangent
531	531	curve to the right, having a radius of 2,640.00 feet, to a point for
532	532	corner, said point being on an easterly line of said 200.15 acre
533	533	tract;
534	534	Thence, Southerly, along an easterly line of said 200.15 acre
535	535	tract and the easterly line of the aforementioned 1.6858 acre
536	536	tract, 2,741 feet, more or less, to the POINT OF BEGINNING and
537	537	containing 138 acres of land, more or less.
538	538	SECTION 3. (a) The legal notice of the intention to
539	539	introduce this Act, setting forth the general substance of this
540	540	Act, has been published as provided by law, and the notice and a
541	541	copy of this Act have been furnished to all persons, agencies,
542	542	officials, or entities to which they are required to be furnished
543	543	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
544	544	Government Code.
545	545	(b) The governor, one of the required recipients, has
546	546	submitted the notice and Act to the Texas Commission on
547	547	Environmental Quality.
548	548	(c) The Texas Commission on Environmental Quality has filed
549	549	its recommendations relating to this Act with the governor,
550	550	lieutenant governor, and speaker of the house of representatives
551	551	within the required time.
552	552	(d) The general law relating to consent by political
553	553	subdivisions to the creation of districts with conservation,
554	554	reclamation, and road powers and the inclusion of land in those
555	555	districts has been complied with.
556	556	(e) All requirements of the constitution and laws of this
557	557	state and the rules and procedures of the legislature with respect
558	558	to the notice, introduction, and passage of this Act have been
559	559	fulfilled and accomplished.
560	560	SECTION 4. This Act takes effect immediately if it receives
561	561	a vote of two-thirds of all the members elected to each house, as
562	562	provided by Section 39, Article III, Texas Constitution. If this
563	563	Act does not receive the vote necessary for immediate effect, this
564	564	Act takes effect September 1, 2015.
565	565
566	566	Pos. No. Name of Director
567	567
568	568	1 CJ Aber
569	569
570	570	2 Debra Sabrsula
571	571
572	572	3 Jeff Cannon
573	573
574	574	4 Steve Littlefield
575	575
576	576	5 Mac McAleer