Texas 2015 - 84th Regular

Texas Senate Bill SB2044 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Nichols S.B. No. 2044
2		-	(Bell)
	1	+	S.B. No. 2044
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the creation of Valley Ranch Town Center Management
8	6		District; providing authority to issue bonds; providing authority
9	7		to impose assessments, fees, or taxes.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. Subtitle C, Title 4, Special District Local Laws
12	10		Code, is amended by adding Chapter 3941 to read as follows:
13	11		CHAPTER 3941. VALLEY RANCH TOWN CENTER MANAGEMENT DISTRICT
14	12		SUBCHAPTER A. GENERAL PROVISIONS
15	13		Sec. 3941.001. DEFINITIONS. In this chapter:
16	14		(1) "Board" means the district's board of directors.
17	15		(2) "County" means Montgomery County.
18	16		(3) "Director" means a board member.
19	17		(4) "District" means the Valley Ranch Town Center
20	18		Management District.
21	19		Sec. 3941.002. NATURE OF DISTRICT. The Valley Ranch Town
22	20		Center Management District is a special district created under
23	21		Section 59, Article XVI, Texas Constitution.
24	22		Sec. 3941.003. PURPOSE; DECLARATION OF INTENT. (a) The
25	23		creation of the district is essential to accomplish the purposes of
26	24		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
27	25		Texas Constitution, and other public purposes stated in this
28	26		chapter. By creating the district and in authorizing the county and
29	27		other political subdivisions to contract with the district, the
30	28		legislature has established a program to accomplish the public
31	29		purposes set out in Section 52-a, Article III, Texas Constitution.
32	30		(b) The creation of the district is necessary to promote,
33	31		develop, encourage, and maintain employment, commerce,
34	32		transportation, housing, tourism, recreation, the arts,
35	33		entertainment, economic development, safety, and the public
36	34		welfare in the district.
37	35		(c) This chapter and the creation of the district may not be
38	36		interpreted to relieve the county from providing the level of
39	37		services provided as of the effective date of the Act enacting this
40	38		chapter to the area in the district. The district is created to
41	39		supplement and not to supplant county services provided in the
42	40		district.
43	41		Sec. 3941.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
44	42		(a) The district is created to serve a public use and benefit.
45	43		(b) All land and other property included in the district
46	44		will benefit from the improvements and services to be provided by
47	45		the district under powers conferred by Sections 52 and 52-a,
48	46		Article III, and Section 59, Article XVI, Texas Constitution, and
49	47		other powers granted under this chapter.
50	48		(c) The creation of the district is in the public interest
51	49		and is essential to further the public purposes of:
52	50		(1) developing and diversifying the economy of the
53	51		state;
54	52		(2) eliminating unemployment and underemployment; and
55	53		(3) developing or expanding transportation and
56	54		commerce.
57	55		(d) The district will:
58	56		(1) promote the health, safety, and general welfare of
59	57		residents, employers, potential employees, employees, visitors,
60	58		and consumers in the district, and of the public;
61	59		(2) provide needed funding for the district to
62	60		preserve, maintain, and enhance the economic health and vitality of
63	61		the district territory as a community and business center;
64	62		(3) promote the health, safety, welfare, and enjoyment
65	63		of the public by providing pedestrian ways and by landscaping and
66	64		developing certain areas in the district, which are necessary for
67	65		the restoration, preservation, and enhancement of scenic beauty;
68	66		and
69	67		(4) provide for water, wastewater, drainage, road, and
70	68		recreational facilities for the district.
71	69		(e) Pedestrian ways along or across a street, whether at
72	70		grade or above or below the surface, and street lighting, street
73	71		landscaping, parking, and street art objects are parts of and
74	72		necessary components of a street and are considered to be a street
75	73		or road improvement.
76	74		(f) The district will not act as the agent or
77	75		instrumentality of any private interest even though the district
78	76		will benefit many private interests as well as the public.
79	77		Sec. 3941.005. INITIAL DISTRICT TERRITORY. (a) The
80	78		district is initially composed of the territory described by
81	79		Section 2 of the Act enacting this chapter.
82	80		(b) The boundaries and field notes contained in Section 2 of
83	81		the Act enacting this chapter form a closure. A mistake in the
84	82		field notes or in copying the field notes in the legislative process
85	83		does not affect the district's:
86	84		(1) organization, existence, or validity;
87	85		(2) right to issue any type of bonds for the purposes
88	86		for which the district is created or to pay the principal of and
89	87		interest on the bonds;
90	88		(3) right to impose or collect an assessment or tax; or
91	89		(4) legality or operation.
92	90		Sec. 3941.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
93	91		All or any part of the area of the district is eligible to be
94	92		included in:
95	93		(1) a tax increment reinvestment zone created under
96	94		Chapter 311, Tax Code;
97	95		(2) a tax abatement reinvestment zone created under
98	96		Chapter 312, Tax Code;
99	97		(3) an enterprise zone created under Chapter 2303,
100	98		Government Code; or
101	99		(4) an industrial district created under Chapter 42,
102	100		Local Government Code.
103	101		Sec. 3941.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
104	102		DISTRICTS LAW. Except as otherwise provided by this chapter,
105	103		Chapter 375, Local Government Code, applies to the district.
106	104		Sec. 3941.008. CONSTRUCTION OF CHAPTER. This chapter shall
107	105		be liberally construed in conformity with the findings and purposes
108	106		stated in this chapter.
109	107		SUBCHAPTER B. BOARD OF DIRECTORS
110	108		Sec. 3941.051. GOVERNING BODY; TERMS. (a) The district is
111	109		governed by a board of five voting directors who serve staggered
112	110		terms of four years, with two or three directors' terms expiring
113	111		June 1 of each odd-numbered year.
114	112		(b) The board by resolution may change the number of voting
115	113		directors on the board if the board determines that the change is in
116	114		the best interest of the district. The board may not consist of
117	115		fewer than five or more than nine voting directors.
118	116		Sec. 3941.052. APPOINTMENT OF VOTING DIRECTORS. The Texas
119	117		Commission on Environmental Quality shall appoint voting directors
120	118		from persons recommended by the board.
121	119		Sec. 3941.053. NONVOTING DIRECTORS. The board may appoint
122	120		nonvoting directors to serve at the pleasure of the voting
123	121		directors.
124	122		Sec. 3941.054. QUORUM. For purposes of determining the
125	123		requirements for a quorum of the board, the following are not
126	124		counted:
127	125		(1) a board position vacant for any reason, including
128	126		death, resignation, or disqualification;
129	127		(2) a director who is abstaining from participation in
130	128		a vote because of a conflict of interest; or
131	129		(3) a nonvoting director.
132	130		Sec. 3941.055. COMPENSATION. A director is entitled to
133	131		receive fees of office and reimbursement for actual expenses as
134	132		provided by Section 49.060, Water Code. Sections 375.069 and
135	133		375.070, Local Government Code, do not apply to the board.
136	134		Sec. 3941.056. INITIAL VOTING DIRECTORS. (a) The initial
137	135		board consists of the following voting directors:
138	136		Pos. No. Name of Director Pos. No. Name of Director
139	137		Pos. No. Name of Director
140	138		1 Jason Tramonte 1 Jason Tramonte
141	139		1 Jason Tramonte
142	140		2 Temple Brown 2 Temple Brown
143	141		2 Temple Brown
144	142		3 Steve Sample 3 Steve Sample
145	143		3 Steve Sample
146	144		4 Melissa Fitzgerald 4 Melissa Fitzgerald
147	145		4 Melissa Fitzgerald
148	146		5 Adam Cohen 5 Adam Cohen
149	147		5 Adam Cohen
150	148		(b) Of the initial directors, the terms of directors
151	149		appointed for positions one through three expire June 1, 2017, and
152	150		the terms of directors appointed for positions four and five expire
153	151		June 1, 2019.
154	152		(c) Section 3941.052 does not apply to this section.
155	153		SUBCHAPTER C. POWERS AND DUTIES
156	154		Sec. 3941.101. GENERAL POWERS AND DUTIES. The district has
157	155		the powers and duties necessary to accomplish the purposes for
158	156		which the district is created.
159	157		Sec. 3941.102. IMPROVEMENT PROJECTS AND SERVICES. The
160	158		district may provide, design, construct, acquire, improve,
161	159		relocate, operate, maintain, or finance an improvement project or
162	160		service using any money available to the district, or contract with
163	161		a governmental or private entity to provide, design, construct,
164	162		acquire, improve, relocate, operate, maintain, or finance an
165	163		improvement project or service authorized under this chapter or
166	164		Chapter 375, Local Government Code.
167	165		Sec. 3941.103. DEVELOPMENT CORPORATION POWERS. The
168	166		district, using money available to the district, may exercise the
169	167		powers given to a development corporation under Chapter 505, Local
170	168		Government Code, including the power to own, operate, acquire,
171	169		construct, lease, improve, or maintain a project under that
172	170		chapter.
173	171		Sec. 3941.104. NONPROFIT CORPORATION. (a) The board by
174	172		resolution may authorize the creation of a nonprofit corporation to
175	173		assist and act for the district in implementing a project or
176	174		providing a service authorized by this chapter.
177	175		(b) The nonprofit corporation:
178	176		(1) has each power of and is considered to be a local
179	177		government corporation created under Subchapter D, Chapter 431,
180	178		Transportation Code; and
181	179		(2) may implement any project and provide any service
182	180		authorized by this chapter.
183	181		(c) The board shall appoint the board of directors of the
184	182		nonprofit corporation. The board of directors of the nonprofit
185	183		corporation shall serve in the same manner as the board of directors
186	184		of a local government corporation created under Subchapter D,
187	185		Chapter 431, Transportation Code, except that a board member is not
188	186		required to reside in the district.
189	187		Sec. 3941.105. AGREEMENTS; GRANTS. (a) As provided by
190	188		Chapter 375, Local Government Code, the district may make an
191	189		agreement with or accept a gift, grant, or loan from any person.
192	190		(b) The implementation of a project is a governmental
193	191		function or service for the purposes of Chapter 791, Government
194	192		Code.
195	193		Sec. 3941.106. LAW ENFORCEMENT SERVICES. To protect the
196	194		public interest, the district may contract with a qualified party,
197	195		including the county, to provide law enforcement services in the
198	196		district for a fee.
199	197		Sec. 3941.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
200	198		district may join and pay dues to a charitable or nonprofit
201	199		organization that performs a service or provides an activity
202	200		consistent with the furtherance of a district purpose.
203	201		Sec. 3941.108. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
204	202		district may engage in activities that accomplish the economic
205	203		development purposes of the district.
206	204		(b) The district may establish and provide for the
207	205		administration of one or more programs to promote state or local
208	206		economic development and to stimulate business and commercial
209	207		activity in the district, including programs to:
210	208		(1) make loans and grants of public money; and
211	209		(2) provide district personnel and services.
212	210		(c) The district may create economic development programs
213	211		and exercise the economic development powers provided to
214	212		municipalities by:
215	213		(1) Chapter 380, Local Government Code; and
216	214		(2) Subchapter A, Chapter 1509, Government Code.
217	215		Sec. 3941.109. PARKING FACILITIES. (a) The district may
218	216		acquire, lease as lessor or lessee, construct, develop, own,
219	217		operate, and maintain parking facilities or a system of parking
220	218		facilities, including lots, garages, parking terminals, or other
221	219		structures or accommodations for parking motor vehicles off the
222	220		streets and related appurtenances.
223	221		(b) The district's parking facilities serve the public
224	222		purposes of the district and are owned, used, and held for a public
225	223		purpose even if leased or operated by a private entity for a term of
226	224		years.
227	225		(c) The district's parking facilities are parts of and
228	226		necessary components of a street and are considered to be a street
229	227		or road improvement.
230	228		(d) The development and operation of the district's parking
231	229		facilities may be considered an economic development program.
232	230		Sec. 3941.110. ANNEXATION OF LAND. The district may annex
233	231		land as provided by Subchapter J, Chapter 49, Water Code.
234	232		Sec. 3941.111. NO EMINENT DOMAIN POWER. The district may
235	233		not exercise the power of eminent domain.
236	234		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
237	235		Sec. 3941.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
238	236		board by resolution shall establish the number of directors'
239	237		signatures and the procedure required for a disbursement or
240	238		transfer of district money.
241	239		Sec. 3941.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
242	240		The district may acquire, construct, finance, operate, or maintain
243	241		any improvement or service authorized under this chapter or Chapter
244	242		375, Local Government Code, using any money available to the
245	243		district.
246	244		Sec. 3941.153. PETITION REQUIRED FOR FINANCING SERVICES AND
247	245		IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
248	246		service or improvement project with assessments under this chapter
249	247		unless a written petition requesting that service or improvement
250	248		has been filed with the board.
251	249		(b) A petition filed under Subsection (a) must be signed by
252	250		the owners of a majority of the assessed value of real property in
253	251		the district subject to assessment according to the most recent
254	252		certified tax appraisal roll for the county.
255	253		Sec. 3941.154. ASSESSMENTS; LIENS FOR ASSESSMENTS.
256	254		(a) The board by resolution may impose and collect an assessment
257	255		for any purpose authorized by this chapter in all or any part of the
258	256		district.
259	257		(b) An assessment, a reassessment, or an assessment
260	258		resulting from an addition to or correction of the assessment roll
261	259		by the district, penalties and interest on an assessment or
262	260		reassessment, an expense of collection, and reasonable attorney's
263	261		fees incurred by the district:
264	262		(1) are a first and prior lien against the property
265	263		assessed;
266	264		(2) are superior to any other lien or claim other than
267	265		a lien or claim for county, school district, or municipal ad valorem
268	266		taxes; and
269	267		(3) are the personal liability of and a charge against
270	268		the owners of the property even if the owners are not named in the
271	269		assessment proceedings.
272	270		(c) The lien is effective from the date of the board's
273	271		resolution imposing the assessment until the date the assessment is
274	272		paid. The board may enforce the lien in the same manner that the
275	273		board may enforce an ad valorem tax lien against real property.
276	274		(d) The board may make a correction to or deletion from the
277	275		assessment roll that does not increase the amount of assessment of
278	276		any parcel of land without providing notice and holding a hearing in
279	277		the manner required for additional assessments.
280	278		Sec. 3941.155. TAX AND ASSESSMENT ABATEMENTS. The district
281	279		may designate reinvestment zones and may grant abatements of
282	280		district taxes or assessments on property in the zones.
283	281		SUBCHAPTER E. TAXES AND BONDS
284	282		Sec. 3941.201. ELECTIONS REGARDING TAXES AND BONDS.
285	283		(a) The district may issue, without an election, bonds, notes, and
286	284		other obligations secured by:
287	285		(1) revenue other than ad valorem taxes; or
288	286		(2) contract payments described by Section 3941.203.
289	287		(b) The district must hold an election in the manner
290	288		provided by Subchapter L, Chapter 375, Local Government Code, to
291	289		obtain voter approval before the district may impose an ad valorem
292	290		tax or issue bonds payable from ad valorem taxes.
293	291		(c) Section 375.243, Local Government Code, does not apply
294	292		to the district.
295	293		(d) All or any part of any facilities or improvements that
296	294		may be acquired by a district by the issuance of its bonds may be
297	295		submitted as a single proposition or as several propositions to be
298	296		voted on at the election.
299	297		Sec. 3941.202. OPERATION AND MAINTENANCE TAX. (a) If
300	298		authorized by a majority of the district voters voting at an
301	299		election held in accordance with Section 3941.201, the district may
302	300		impose an operation and maintenance tax on taxable property in the
303	301		district in accordance with Section 49.107, Water Code, for any
304	302		district purpose, including to:
305	303		(1) maintain and operate the district;
306	304		(2) construct or acquire improvements; or
307	305		(3) provide a service.
308	306		(b) The board shall determine the tax rate. The rate may not
309	307		exceed the rate approved at the election.
310	308		(c) Section 49.107(h), Water Code, does not apply to the
311	309		district.
312	310		Sec. 3941.203. CONTRACT TAXES. (a) In accordance with
313	311		Section 49.108, Water Code, the district may impose a tax other than
314	312		an operation and maintenance tax and use the revenue derived from
315	313		the tax to make payments under a contract after the provisions of
316	314		the contract have been approved by a majority of the district voters
317	315		voting at an election held for that purpose.
318	316		(b) A contract approved by the district voters may contain a
319	317		provision stating that the contract may be modified or amended by
320	318		the board without further voter approval.
321	319		Sec. 3941.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
322	320		AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
323	321		determined by the board. Section 375.205, Local Government Code,
324	322		does not apply to a loan, line of credit, or other borrowing from a
325	323		bank or financial institution secured by revenue other than ad
326	324		valorem taxes.
327	325		(b) The district may issue bonds, notes, or other
328	326		obligations payable wholly or partly from ad valorem taxes,
329	327		assessments, impact fees, revenue, contract payments, grants, or
330	328		other district money, or any combination of those sources of money,
331	329		to pay for any authorized district purpose.
332	330		(c) The limitation on the outstanding principal amount of
333	331		bonds, notes, and other obligations provided by Section 49.4645,
334	332		Water Code, does not apply to the district.
335	333		Sec. 3941.205. TAXES FOR BONDS. At the time the district
336	334		issues bonds payable wholly or partly from ad valorem taxes, the
337	335		board shall provide for the annual imposition of a continuing
338	336		direct annual ad valorem tax, without limit as to rate or amount,
339	337		for each year that all or part of the bonds are outstanding as
340	338		required and in the manner provided by Sections 54.601 and 54.602,
341	339		Water Code.
342	340		SUBCHAPTER F. DISSOLUTION AND MUNICIPAL ANNEXATION
343	341		Sec. 3941.251. MUNICIPAL ANNEXATION; DISSOLUTION.
344	342		(a) The district is a "water or sewer district" under Section
345	343		43.071, Local Government Code.
346	344		(b) Section 43.075, Local Government Code, applies to the
347	345		district.
348	346		(c) Section 375.264, Local Government Code, does not apply
349	347		to the dissolution of the district by a municipality.
350	348		SECTION 2. The Valley Ranch Town Center Management District
351	349		initially includes all territory contained in the following area:
352	350		Being a 210.64 acres tract of land out of the William Massey
353	351		Survey, Abstract Number 387, and the William Smith Survey (WM. S.
354	352		Beaty), Abstract Number 540, Montgomery County, Texas; and being
355	353		out of and a portion of that certain called 548.300 acre tract of
356	354		land conveyed to Sig-Valley Ranch, LTD., by Warranty Deed executed
357	355		December 23, 2003, as recorded in File No. 2003-157058 in the
358	356		Official Public Records of Real Property, Montgomery County, Texas;
359	357		also being all of that certain called 57.24 acre tract of land
360	358		conveyed to Sig-Valley Ranch, LTD., by Warranty deed executed June
361	359		30, 2005, as recorded in File No. 2005-070741 in the Official
362	360		Public Records of Real Property, Montgomery County Texas; also
363	361		being all of that certain called 0.7389 acres tract of land conveyed
364	362		to Valley Ranch Town Center, LTD., as recorded in File Number
365	363		2008-043809 in the Official Public Records of Real Property,
366	364		Montgomery County, Texas; and being all of that certain called
367	365		71.727 acres tract of land conveyed to Valley Ranch Town Center,
368	366		LTD., as recorded in File Number 2007-047721 in the Official Public
369	367		Records of Real Property, Montgomery County, Texas; and being all
370	368		of that certain called 3.5714 acres tract of land conveyed to A-S 96
371	369		HWY 59 North-Grand Parkway, L.P. as recorded in File Number
372	370		2007-087020 in the Official Public Records of Real Property,
373	371		Montgomery County, Texas; said 210.64 acres tract of land being
374	372		more particularly described by metes and bounds as follows, with
375	373		all bearings being referenced to Texas Coordinate System, Central
376	374		Zone, North American Datum of 1983 (NAD 83), CORS96, EPOCH 2002.00;
377	375		BEGINNING at a found 4-inch aluminum disc stamped "TxDOT" for
378	376		the Northeast corner of said 3.5714 acres tract, the Southeast
379	377		corner of that certain called 1.37 acres tract of land conveyed to E &
380	378		K Investments as recorded in File Number 99076562 in the Official
381	379		Public Records of Real Property, Montgomery County, Texas; also
382	380		being in the Northwest right-of-way of U.S. 59 (320-feet
383	381		right-of-way) as recorded in Volume 516, Pg. 341 in the Montgomery
384	382		County Deed Records;
385	383		THENCE South 12° 02' 45" West, with the Northwest right-of-way
386	384		of said U.S. 59, 493.05 feet to a found 4-inch aluminum disc stamped
387	385		"TxDOT" for the Southeast corner of said 3.5714 acres tract and the
388	386		Northeast corner of that certain called 2.155 acres tract of land
389	387		conveyed to Martha S. Baker, as recorded in File Number 2001-109901
390	388		in the Official Public Records of Real Property, Montgomery County,
391	389		Texas;
392	390		THENCE South 86° 40' 34" West, with the North line of said
393	391		2.155 acres tract and the South line of said 3.5714 acres tract,
394	392		262.78 feet to a set 3/4-inch iron rod with cap stamped "DANNENBAUM
395	393		ENGINEERING" for the Southwest corner of said 3.5714 acres tract
396	394		and the Northwest corner of said 2.155 acres tract, and being in the
397	395		East line of said 57.24 acres tract;
398	396		THENCE South 03° 15' 06" East with the East line of said 57.24
399	397		acres tract and the West line of said 2.155 acres tract, 477.39 feet
400	398		to set 3/4-inch iron rod with cap stamped "DANNENBAUM ENGINEERING"
401	399		for the Southwest corner of said 2.155 acres tract and the Northwest
402	400		corner of said 0.7389 acres tract;
403	401		THENCE North 86° 07' 44" East, with the South line of said
404	402		2.155 acres tract and the North line of said 0.7389 acres tract,
405	403		133.19 feet to a found 4-inch aluminum disc stamped "TxDOT" for the
406	404		Southeast corner of said 2.155 acres tract and the Northeast corner
407	405		of said 0.7389 acres tract, and being in the Northwest right-of-way
408	406		of said U.S. 59;
409	407		THENCE South 12° 06' 38" West, with the Northwest right-of-way
410	408		of said U.S. 59, 502.74 feet to a found 4-inch aluminum disc stamped
411	409		"TxDOT" for the South corner of said 0.7389 acres tract and a
412	410		Southwest corner of said 57.24 acres tract;
413	411		THENCE South 11° 54' 13" West, with the Northwest right-of-way
414	412		of said U.S. 59, 246.19 feet to a found concrete monument for corner
415	413		and the beginning of a tangent curve to the right;
416	414		THENCE continuing with the Northwest right-of-way of said
417	415		U.S. 59, along said curve to the right having a radius of 523.97
418	416		feet, an arc length of 475.27 feet, a central angle of 51° 58' 16",
419	417		and a chord bearing South 37° 56' 17" West, 459.15 feet to a found
420	418		concrete monument for corner;
421	419		THENCE South 63° 56' 06" West, continuing with the Northwest
422	420		right-of-way of said U.S. 59, 392.73 feet to a set 3/4-inch iron rod
423	421		with cap stamped "DANNENBAUM ENGINEERING" for corner and the
424	422		beginning of a tangent curve to the left;
425	423		THENCE continuing with the Northwest right-of-way of said
426	424		U.S. 59, along said curve to the left having a radius of 335.48
427	425		feet, an arc length of 133.24 feet, a central angle of 22° 45' 20",
428	426		and a chord bearing South 52° 45' 51" West, 132.36 feet to a set
429	427		3/4-inch iron rod with cap stamped "DANNENBAUM ENGINEERING" for the
430	428		southeast corner of said 71.727 acres tract and being in the
431	429		Proposed North right-of-way of Grand Parkway;
432	430		THENCE South 85° 28' 53" West, with the Proposed North
433	431		right-of-way of Grand Parkway and the South line of said 71.727
434	432		acres tract, 2497.13 feet to a point for corner and the beginning of
435	433		a tangent curve to the right;
436	434		THENCE along said curve to the right, having a radius of
437	435		1886.00 feet, an arc length of 339.44 feet, a central angle of 10°
438	436		18' 43", and a chord bearing North 89° 21' 46" West, 338.98 feet to a
439	437		point for corner being in the centerline of White Oak Bayou;
440	438		THENCE with the meanders of the centerline of White Oak Bayou
441	439		and the Southwesterly lines of the herein described tract, the
442	440		following courses and distances:
443	441		- THENCE North 12° 45' 20" West, 43.40 feet to a point for corner;
444	442		- THENCE North 23° 29' 16" East, 51.25 feet to a point for corner;
445	443		- THENCE North 33° 14' 49" West, 41.90 feet to a point for corner;
446	444		- THENCE North 62° 47' 32" West, 14.97 feet to a point for corner;
447	445		- THENCE North 35° 00' 17" West, 33.24 feet to a point for corner;
448	446		- THENCE North 77° 36' 34" West, 42.16 feet to a point for corner;
449	447		- THENCE North 42° 17' 25" West, 53.80 feet to a point for corner;
450	448		- THENCE North 45° 18' 16" West, 53.91 feet to a point for corner;
451	449		- THENCE North 55° 39' 35" West, 35.08 feet to a point for corner;
452	450		- THENCE North 76° 24' 26" West, 37.08 feet to a point for corner;
453	451		- THENCE North 48° 59' 11" West, 106.48 feet to a point for corner;
454	452		- THENCE North 34° 24' 21" West, 30.40 feet to a point for corner;
455	453		- THENCE North 56° 21' 38" West, 66.27 feet to a point for corner;
456	454		- THENCE North 85° 31' 21" West, 26.27 feet to a point for corner;
457	455		- THENCE North 36° 15' 31" West, 109.67 feet to a point for corner;
458	456		- THENCE North 75° 49' 44" West, 24.85 feet to a point for corner;
459	457		- THENCE South 80° 56' 52" West, 41.81 feet to a point for corner;
460	458		- THENCE North 83° 19' 45" West, 67.67 feet to a point for corner;
461	459		- THENCE North 66° 30' 42" West, 35.69 feet to a point for corner;
462	460		- THENCE North 31° 35' 01" West, 41.52 feet to a point for corner;
463	461		- THENCE North 53° 03' 12" West, 37.58 feet to a point for corner;
464	462		- THENCE North 10° 36' 32" East, 22.99 feet to a point for corner;
465	463		- THENCE North N 40° 09' 07" West, 18.26 feet to a point for corner;
466	464		- THENCE North 64° 15' 33" West, 36.09 feet to a point for corner;
467	465		- THENCE South 89° 32' 37" West, 22.93 feet to a point for corner;
468	466		- THENCE North 04° 18' 58" East, 40.40 feet to a point for corner;
469	467		- THENCE North 51° 29' 10" West,21.95 feet to a point for corner;
470	468		- THENCE North 74° 46' 16" West,24.92 feet to a point for corner;
471	469		- THENCE South 68° 05' 35" West,26.22 feet to a point for corner;
472	470		- THENCE South 04° 28' 48" East, 49.05 feet to a point for corner;
473	471		- THENCE South 39° 20' 23" West,33.30 feet to a point for corner;
474	472		- THENCE North 80° 06' 29" West,29.12 feet to a point for corner;
475	473		- THENCE North 54° 19' 38" West,66.25 feet to a point for corner;
476	474		- THENCE North 44° 00' 07" West,67.67 feet to a point for corner;
477	475		- THENCE North 72° 28' 15" West,58.48 feet to a point for corner;
478	476		- THENCE North 53° 00' 58" West,113.50 feet to a point for corner;
479	477		- THENCE North 58° 32' 21" West,105.66 feet to a point for corner;
480	478		- THENCE North 80° 46' 30" West,42.17 feet to a point for corner;
481	479		- THENCE North 27° 39' 25" West,16.86 feet to a point for corner;
482	480		- THENCE North 82° 42' 23" West, 43.55 feet to a point for corner at
483	481		the Southwest corner of the herein described tract;
484	482		THENCE North 04° 31' 09" West, 1299.57 feet to a set 3/4-inch
485	483		iron rod with cap stamped "DANNENBAUM ENGINEERING" for corner at
486	484		the Northwest corner of the herein described tract; also being in
487	485		the South line of a certain called 0.275 acre tract of land conveyed
488	486		to Montgomery County, Texas as recorded in File Number 2008-111022
489	487		in the Official Public Records of Real Property, Montgomery County,
490	488		Texas;
491	489		THENCE North 86° 31 04" East with the South line of said 0.275
492	490		acres tract, 492.66 feet to a set 3/4-inch iron rod with cap stamped
493	491		"DANNENBAUM ENGINEERING" for the southeast corner of said 0.275
494	492		acres tract, and being in the West line of that certain called 3.003
495	493		acres tract of land conveyed to Montgomery County, Texas as
496	494		recorded in File Number 2008-111021 of the Official Public Records
497	495		of Real Property, Montgomery County, Texas;
498	496		THENCE South 03° 28' 56" East with the West line of said 3.003
499	497		acres tract, 100.00 feet to a set 3/4-inch iron rod with cap stamped
500	498		"DANNENBAUM ENGINEERING" for the Southwest corner of said 3.003
501	499		acres tract;
502	500		THENCE North 86° 31' 04" East with the South line of said 3.003
503	501		acres tract, 2,290.00 feet to a set 3/4 with cap stamped "DANNENBAUM
504	502		ENGINEERING" for the Southeast corner of said 3.003 acres tract,
505	503		and being the Southwest corner of that certain called 0.165 acres
506	504		tract conveyed to Montgomery County, Texas as recorded in File
507	505		Number 2008-111022 of the Official Public Records of Real Property,
508	506		Montgomery County, Texas;
509	507		THENCE North 86° 32' 59" East with the South line of said 0.165
510	508		acres tract, 60.00 feet to a set 3/4-inch iron rod with cap stamped
511	509		"DANNENBAUM ENGINEERING" for the Southeast corner of said 0.165
512	510		acres tract;
513	511		THENCE North 03° 28' 56" West with the East line of said 0.165
514	512		acres tract, 120.00 feet to a set 3/4-inch iron rod with cap stamped
515	513		"DANNENBAUM ENGINEERING" in the North line of said 548.300 acres
516	514		tract, also being in the South line of that certain called 32.645
517	515		acres tract of land conveyed to Montgomery County, as recorded in
518	516		File Number 2007-102058 of the Official Public Records of Real
519	517		Property, Montgomery County, Texas;
520	518		THENCE North 86° 32' 59" East with the North line of said
521	519		548.300 acres tract and the South line of said 32.645 acres tract of
522	520		land, 94.65 feet to a set 3/4-iron rod with cap stamped "DANNENBAUM
523	521		ENGINEERING" for the Southeast corner of said 7.479 acres tract,
524	522		and being the beginning of a non-tangent curve to the right;
525	523		THENCE along said curve to the right, having a radius of
526	524		312.28, an arc length of 141.43 feet, a central angle of 25° 56' 53",
527	525		and a chord bearing South 17° 28' 08" East, 140.22 feet to found
528	526		1/2-inch iron rod with cap stamped "JEFF MOON RPLS 4639" for corner;
529	527		THENCE South 04° 30' 58" East, 690.96 feet to found 1/2-inch
530	528		iron rod with cap stamped "JEFF MOON RPLS 4639" for corner;
531	529		THENCE North 85° 29' 02" East, 812.68 feet to found 1/2-inch
532	530		iron rod with cap stamped "JEFF MOON RPLS 4639" for corner and the
533	531		beginning of a tangent curve to the left;
534	532		THENCE along said curve to the left, having a radius of
535	533		250.00, an arc length of 312.69 feet, a central angle of 71° 39' 45",
536	534		and a chord bearing North 49° 39' 08" East, 292.70 feet to found
537	535		1/2-inch iron rod with cap stamped "JEFF MOON RPLS 4639" for corner;
538	536		THENCE North 13° 49' 15" East, 580.62 feet to found 1/2-inch
539	537		iron rod with cap stamped "JEFF MOON RPLS 4639" for corner and the
540	538		beginning of a tangent curve to the left;
541	539		THENCE along said curve to the left, having a radius of
542	540		270.00, an arc length of 84.42 feet, a central angle of 17° 54' 53",
543	541		and a chord bearing North 04° 51' 48" East, 84.08 feet to found
544	542		1/2-inch iron rod with cap stamped "JEFF MOON RPLS 4639" for corner
545	543		being in the North line of said 57.24 acres tract and the South line
546	544		of that certain called 33.22 acres tract of land conveyed to Joseph
547	545		Popowitz as recorded in File Number 2001-007697 in the Official
548	546		Public Records of Real Property, Montgomery County, Texas;
549	547		THENCE North 86° 27' 53" East, with the North line of said
550	548		57.24 acre tract and the South line of said 33.22 acres tract,
551	549		723.29 feet to a set 3/4-inch iron rod with cap stamped "DANNENBAUM
552	550		ENGINEERING" for the Northeast corner of said 57.24 acres tract,
553	551		also being the Northwest corner of said 3.5714 acres tract of land;
554	552		THENCE North 86° 27' 53" East, with the North line of said
555	553		3.5714 acres tract, 392.87 feet to POINT OF BEGINNING; containing
556	554		210.64 acres of land, more or less.
557	555		SECTION 3. (a) The legal notice of the intention to
558	556		introduce this Act, setting forth the general substance of this
559	557		Act, has been published as provided by law, and the notice and a
560	558		copy of this Act have been furnished to all persons, agencies,
561	559		officials, or entities to which they are required to be furnished
562	560		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
563	561		Government Code.
564	562		(b) The governor, one of the required recipients, has
565	563		submitted the notice and Act to the Texas Commission on
566	564		Environmental Quality.
567	565		(c) The Texas Commission on Environmental Quality has filed
568	566		its recommendations relating to this Act with the governor,
569	567		lieutenant governor, and speaker of the house of representatives
570	568		within the required time.
571	569		(d) The general law relating to consent by political
572	570		subdivisions to the creation of districts with conservation,
573	571		reclamation, and road powers and the inclusion of land in those
574	572		districts has been complied with.
575	573		(e) All requirements of the constitution and laws of this
576	574		state and the rules and procedures of the legislature with respect
577	575		to the notice, introduction, and passage of this Act have been
578	576		fulfilled and accomplished.
579	577		SECTION 4. This Act takes effect immediately if it receives
580	578		a vote of two-thirds of all the members elected to each house, as
581	579		provided by Section 39, Article III, Texas Constitution. If this
582	580		Act does not receive the vote necessary for immediate effect, this
583	581		Act takes effect September 1, 2015.
	582	+	______________________________ ______________________________
	583	+	President of the Senate Speaker of the House
	584	+	I hereby certify that S.B. No. 2044 passed the Senate on
	585	+	May 8, 2015, by the following vote: Yeas 30, Nays 1.
	586	+	______________________________
	587	+	Secretary of the Senate
	588	+	I hereby certify that S.B. No. 2044 passed the House on
	589	+	May 27, 2015, by the following vote: Yeas 144, Nays 0, two
	590	+	present not voting.
	591	+	______________________________
	592	+	Chief Clerk of the House
	593	+	Approved:
	594	+	______________________________
	595	+	Date
	596	+	______________________________
	597	+	Governor
584	598
585	599		Pos. No. Name of Director
586	600
587	601		1 Jason Tramonte
588	602
589	603		2 Temple Brown
590	604
591	605		3 Steve Sample
592	606
593	607		4 Melissa Fitzgerald
594	608
595	609		5 Adam Cohen