Texas 2015 - 84th Regular

Texas Senate Bill SB2050 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R19549 JXC-F
2	2	By: Kolkhorst S.B. No. 2050
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. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
95	95	All or any part of the area of the district is eligible to be
96	96	included in:
97	97	(1) a tax increment reinvestment zone created under
98	98	Chapter 311, Tax Code;
99	99	(2) a tax abatement reinvestment zone created under
100	100	Chapter 312, Tax Code;
101	101	(3) an enterprise zone created under Chapter 2303,
102	102	Government Code; or
103	103	(4) an industrial district created under Chapter 42,
104	104	Local Government Code.
105	105	Sec. 3934.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
106	106	DISTRICTS LAW. Except as otherwise provided by this chapter,
107	107	Chapter 375, Local Government Code, applies to the district.
108	108	Sec. 3934.008. CONSTRUCTION OF CHAPTER. This chapter shall
109	109	be liberally construed in conformity with the findings and purposes
110	110	stated in this chapter.
111	111	SUBCHAPTER B. BOARD OF DIRECTORS
112	112	Sec. 3934.051. GOVERNING BODY; TERMS. (a) The district is
113	113	governed by a board of five voting directors who serve staggered
114	114	terms of four years, with two or three directors' terms expiring
115	115	June 1 of each odd-numbered year.
116	116	(b) The board by resolution may change the number of voting
117	117	directors on the board if the board determines that the change is in
118	118	the best interest of the district. The board may not consist of
119	119	fewer than five or more than nine voting directors.
120	120	Sec. 3934.052. APPOINTMENT OF VOTING DIRECTORS. The mayor
121	121	and members of the governing body of the city shall appoint voting
122	122	directors from persons recommended by the board. A person is
123	123	appointed if a majority of the members of the governing body,
124	124	including the mayor, vote to appoint that person.
125	125	Sec. 3934.053. NONVOTING DIRECTORS. The board may appoint
126	126	nonvoting directors to serve at the pleasure of the voting
127	127	directors.
128	128	Sec. 3934.054. QUORUM. For purposes of determining the
129	129	requirements for a quorum of the board, the following are not
130	130	counted:
131	131	(1) a board position vacant for any reason, including
132	132	death, resignation, or disqualification;
133	133	(2) a director who is abstaining from participation in
134	134	a vote because of a conflict of interest; or
135	135	(3) a nonvoting director.
136	136	Sec. 3934.055. COMPENSATION. A director is entitled to
137	137	receive fees of office and reimbursement for actual expenses as
138	138	provided by Section 49.060, Water Code. Sections 375.069 and
139	139	375.070, Local Government Code, do not apply to the board.
140	140	Sec. 3934.056. INITIAL VOTING DIRECTORS. (a) The initial
141	141	board consists of the following voting directors:
142	142	Pos. No. Name of Director Pos. No. Name of Director
143	143	Pos. No. Name of Director
144	144	1 ___________ 1 ___________
145	145	1 ___________
146	146	2 ___________ 2 ___________
147	147	2 ___________
148	148	3 ___________ 3 ___________
149	149	3 ___________
150	150	4 ___________ 4 ___________
151	151	4 ___________
152	152	5 ___________ 5 ___________
153	153	5 ___________
154	154	(b) Of the initial directors, the terms of directors
155	155	appointed for positions one through three expire June 1, 2017, and
156	156	the terms of directors appointed for positions four and five expire
157	157	June 1, 2019.
158	158	(c) Section 3934.052 does not apply to this section.
159	159	SUBCHAPTER C. POWERS AND DUTIES
160	160	Sec. 3934.101. GENERAL POWERS AND DUTIES. The district has
161	161	the powers and duties necessary to accomplish the purposes for
162	162	which the district is created.
163	163	Sec. 3934.102. IMPROVEMENT PROJECTS AND SERVICES. The
164	164	district may provide, design, construct, acquire, improve,
165	165	relocate, operate, maintain, or finance an improvement project or
166	166	service using any money available to the district, or contract with
167	167	a governmental or private entity to provide, design, construct,
168	168	acquire, improve, relocate, operate, maintain, or finance an
169	169	improvement project or service authorized under this chapter or
170	170	Chapter 375, Local Government Code.
171	171	Sec. 3934.103. DEVELOPMENT CORPORATION POWERS. The
172	172	district, using money available to the district, may exercise the
173	173	powers given to a development corporation under Chapter 505, Local
174	174	Government Code, including the power to own, operate, acquire,
175	175	construct, lease, improve, or maintain a project under that
176	176	chapter.
177	177	Sec. 3934.104. NONPROFIT CORPORATION. (a) The board by
178	178	resolution may authorize the creation of a nonprofit corporation to
179	179	assist and act for the district in implementing a project or
180	180	providing a service authorized by this chapter.
181	181	(b) The nonprofit corporation:
182	182	(1) has each power of and is considered to be a local
183	183	government corporation created under Subchapter D, Chapter 431,
184	184	Transportation Code; and
185	185	(2) may implement any project and provide any service
186	186	authorized by this chapter.
187	187	(c) The board shall appoint the board of directors of the
188	188	nonprofit corporation. The board of directors of the nonprofit
189	189	corporation shall serve in the same manner as the board of directors
190	190	of a local government corporation created under Subchapter D,
191	191	Chapter 431, Transportation Code, except that a board member is not
192	192	required to reside in the district.
193	193	Sec. 3934.105. AGREEMENTS; GRANTS. (a) As provided by
194	194	Chapter 375, Local Government Code, the district may make an
195	195	agreement with or accept a gift, grant, or loan from any person.
196	196	(b) The implementation of a project is a governmental
197	197	function or service for the purposes of Chapter 791, Government
198	198	Code.
199	199	Sec. 3934.106. LAW ENFORCEMENT SERVICES. To protect the
200	200	public interest, the district may contract with a qualified party,
201	201	including the county or the city, to provide law enforcement
202	202	services in the district for a fee.
203	203	Sec. 3934.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
204	204	district may join and pay dues to a charitable or nonprofit
205	205	organization that performs a service or provides an activity
206	206	consistent with the furtherance of a district purpose.
207	207	Sec. 3934.108. ECONOMIC DEVELOPMENT. (a) The district may
208	208	engage in activities that accomplish the economic development
209	209	purposes of the district.
210	210	(b) The district may establish and provide for the
211	211	administration of one or more programs to promote state or local
212	212	economic development and to stimulate business and commercial
213	213	activity in the district, including programs to:
214	214	(1) make loans and grants of public money; and
215	215	(2) provide district personnel and services.
216	216	(c) The district may create economic development programs
217	217	and exercise the economic development powers provided to
218	218	municipalities by:
219	219	(1) Chapter 380, Local Government Code; and
220	220	(2) Subchapter A, Chapter 1509, Government Code.
221	221	Sec. 3934.109. PARKING FACILITIES. (a) The district may
222	222	acquire, lease as lessor or lessee, construct, develop, own,
223	223	operate, and maintain parking facilities or a system of parking
224	224	facilities, including lots, garages, parking terminals, or other
225	225	structures or accommodations for parking motor vehicles off the
226	226	streets and related appurtenances.
227	227	(b) The district's parking facilities serve the public
228	228	purposes of the district and are owned, used, and held for a public
229	229	purpose even if leased or operated by a private entity for a term of
230	230	years.
231	231	(c) The district's parking facilities are parts of and
232	232	necessary components of a street and are considered to be a street
233	233	or road improvement.
234	234	(d) The development and operation of the district's parking
235	235	facilities may be considered an economic development program.
236	236	Sec. 3934.110. ANNEXATION OF LAND. The district may annex
237	237	land as provided by Subchapter J, Chapter 49, Water Code.
238	238	Sec. 3934.111. APPROVAL BY CITY NOT REQUIRED. Section
239	239	375.207, Local Government Code, does not apply to the district.
240	240	Sec. 3934.112. NO EMINENT DOMAIN POWER. The district may
241	241	not exercise the power of eminent domain.
242	242	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
243	243	Sec. 3934.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
244	244	board by resolution shall establish the number of directors'
245	245	signatures and the procedure required for a disbursement or
246	246	transfer of district money.
247	247	Sec. 3934.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
248	248	The district may acquire, construct, finance, operate, or maintain
249	249	any improvement or service authorized under this chapter or Chapter
250	250	375, Local Government Code, using any money available to the
251	251	district.
252	252	Sec. 3934.153. PETITION REQUIRED FOR FINANCING SERVICES AND
253	253	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
254	254	service or improvement project with assessments under this chapter
255	255	unless a written petition requesting that service or improvement
256	256	has been filed with the board.
257	257	(b) A petition filed under Subsection (a) must be signed by
258	258	the owners of a majority of the assessed value of real property in
259	259	the district subject to assessment according to the most recent
260	260	certified tax appraisal roll for the county.
261	261	Sec. 3934.154. ASSESSMENTS; LIENS FOR ASSESSMENTS.
262	262	(a) The board by resolution may impose and collect an assessment
263	263	for any purpose authorized by this chapter in all or any part of the
264	264	district.
265	265	(b) An assessment, a reassessment, or an assessment
266	266	resulting from an addition to or correction of the assessment roll
267	267	by the district, penalties and interest on an assessment or
268	268	reassessment, an expense of collection, and reasonable attorney's
269	269	fees incurred by the district:
270	270	(1) are a first and prior lien against the property
271	271	assessed;
272	272	(2) are superior to any other lien or claim other than
273	273	a lien or claim for county, school district, or municipal ad valorem
274	274	taxes; and
275	275	(3) are the personal liability of and a charge against
276	276	the owners of the property even if the owners are not named in the
277	277	assessment proceedings.
278	278	(c) The lien is effective from the date of the board's
279	279	resolution imposing the assessment until the date the assessment is
280	280	paid. The board may enforce the lien in the same manner that the
281	281	board may enforce an ad valorem tax lien against real property.
282	282	(d) The board may make a correction to or deletion from the
283	283	assessment roll that does not increase the amount of assessment of
284	284	any parcel of land without providing notice and holding a hearing in
285	285	the manner required for additional assessments.
286	286	Sec. 3934.155. TAX AND ASSESSMENT ABATEMENTS. The district
287	287	may designate reinvestment zones and may grant abatements of
288	288	district taxes or assessments on property in the zones.
289	289	SUBCHAPTER E. TAXES AND BONDS
290	290	Sec. 3934.201. ELECTIONS REGARDING TAXES AND BONDS.
291	291	(a) The district may issue, without an election, bonds, notes, and
292	292	other obligations secured by:
293	293	(1) revenue other than ad valorem taxes; or
294	294	(2) contract payments described by Section 3934.203.
295	295	(b) The district must hold an election in the manner
296	296	provided by Subchapter L, Chapter 375, Local Government Code, to
297	297	obtain voter approval before the district may impose an ad valorem
298	298	tax or issue bonds payable from ad valorem taxes.
299	299	(c) Section 375.243, Local Government Code, does not apply
300	300	to the district.
301	301	(d) All or any part of any facilities or improvements that
302	302	may be acquired by a district by the issuance of its bonds may be
303	303	submitted as a single proposition or as several propositions to be
304	304	voted on at the election.
305	305	Sec. 3934.202. OPERATION AND MAINTENANCE TAX. (a) If
306	306	authorized by a majority of the district voters voting at an
307	307	election held in accordance with Section 3934.201, the district may
308	308	impose an operation and maintenance tax on taxable property in the
309	309	district in accordance with Section 49.107, Water Code, for any
310	310	district purpose, including to:
311	311	(1) maintain and operate the district;
312	312	(2) construct or acquire improvements; or
313	313	(3) provide a service.
314	314	(b) The board shall determine the tax rate. The rate may not
315	315	exceed the rate approved at the election.
316	316	(c) Section 49.107(h), Water Code, does not apply to the
317	317	district.
318	318	Sec. 3934.203. CONTRACT TAXES. (a) In accordance with
319	319	Section 49.108, Water Code, the district may impose a tax other than
320	320	an operation and maintenance tax and use the revenue derived from
321	321	the tax to make payments under a contract after the provisions of
322	322	the contract have been approved by a majority of the district voters
323	323	voting at an election held for that purpose.
324	324	(b) A contract approved by the district voters may contain a
325	325	provision stating that the contract may be modified or amended by
326	326	the board without further voter approval.
327	327	Sec. 3934.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
328	328	AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
329	329	determined by the board. Section 375.205, Local Government Code,
330	330	does not apply to a loan, line of credit, or other borrowing from a
331	331	bank or financial institution secured by revenue other than ad
332	332	valorem taxes.
333	333	(b) The district may issue bonds, notes, or other
334	334	obligations payable wholly or partly from ad valorem taxes,
335	335	assessments, impact fees, revenue, contract payments, grants, or
336	336	other district money, or any combination of those sources of money,
337	337	to pay for any authorized district purpose.
338	338	(c) The limitation on the outstanding principal amount of
339	339	bonds, notes, and other obligations provided by Section 49.4645,
340	340	Water Code, does not apply to the district.
341	341	Sec. 3934.205. TAXES FOR BONDS. At the time the district
342	342	issues bonds payable wholly or partly from ad valorem taxes, the
343	343	board shall provide for the annual imposition of a continuing
344	344	direct annual ad valorem tax, without limit as to rate or amount,
345	345	for each year that all or part of the bonds are outstanding as
346	346	required and in the manner provided by Sections 54.601 and 54.602,
347	347	Water Code.
348	348	Sec. 3934.206. CITY NOT REQUIRED TO PAY DISTRICT
349	349	OBLIGATIONS. Except as provided by Section 375.263, Local
350	350	Government Code, the city is not required to pay a bond, note, or
351	351	other obligation of the district.
352	352	SECTION 2. The Simonton Management District No. 1 initially
353	353	includes all territory contained in the following area:
354	354	TRACT 1
355	355	Being 33.2 acres, more or less, of land situated in the Thomas
356	356	Westall League, Abstract 92, Fort Bend County, Texas, more
357	357	particularly being that certain called 0.681 acre tract (described
358	358	as Tract No. 1), that certain 1.630 acre tract (described as Tract
359	359	No. 2), and that certain 1.019 acre tract (described as Tract No. 3 &
360	360	4), all conveyed to CBDS Investments, Inc. by instrument of record
361	361	in File No. 2006104265 of the Official Public Records of said Fort
362	362	Bend County, Texas (F.B.C.O.P.R.), that certain called 1.012 acre
363	363	tract of land conveyed to CBDS Investments, Inc., by instrument of
364	364	record in File No. 2006110957, F.B.C.O.P.R., that certain called
365	365	1.19 acre tract of land conveyed to FM 1489 Farms, Inc., by
366	366	instrument of record in File No. 2006076342, F.B.C.O.P.R., now
367	367	owned by Twinwood (U.S.), Inc. as conveyed in File No. 2012121483,
368	368	F.B.C.O.P.R., and a portion of that certain called 42.35 acre tract
369	369	conveyed to FM 1489 Farms, Inc., by instrument of record in File
370	370	No. 2006076344, F.B.C.O.P.R., now owned by Twinwood (U.S.), Inc. as
371	371	conveyed in File No. 2012121483, F.B.C.O.P.R., said 33.2 acre tract
372	372	being more particularly described by metes and bounds as follows:
373	373	BEGINNING at the southwesterly corner of the aforementioned
374	374	42.35 acre tract, said point being on the northerly line of F.M.
375	375	1093;
376	376	Thence, Northerly, along the westerly line of said 42.35 acre
377	377	tract, 871 feet, more or less, to a point for corner, said point
378	378	being at the approximate City Limits Line of Simonton;
379	379	Thence, Easterly, along the approximate City Limits Line of
380	380	Simonton, 1,704 feet, more or less, to a point for corner, said
381	381	point being on the easterly line of said 42.35 acre tract and the
382	382	westerly right-of-way line of said F.M. 1489, the beginning of a
383	383	curve;
384	384	Thence, Southerly along the westerly line of said 42.35 acre
385	385	tract, the westerly line of the aforementioned 1.19 acre tract and
386	386	the easterly right-of-way line of said F.M. 1489, 336 feet, more or
387	387	less, along the arc of a non-tangent curve to the right, having a
388	388	radius of 5,679.65 feet, to a westerly corner of said 42.35 acre
389	389	tract;
390	390	Thence, Southerly, along the easterly lines of said 42.35
391	391	acre tract and the aforementioned 0.681 acre tract and the westerly
392	392	right-of-way line of said F.M. 1489, 580 feet, more or less, to a
393	393	point for corner, said point being on the southerly line of the
394	394	aforementioned 1.630 acre;
395	395	Thence, Westerly, along the southerly line of said 1.630 acre
396	396	tract, 162 feet, more or less, to the southwesterly corner of said
397	397	1.630 acre tract;
398	398	Thence, Northerly, along a westerly line of said 1.630 acre
399	399	tract, 95 feet, more or less, to the southeasterly corner of the
400	400	aforementioned 1.012 acre tract, said point being in the northerly
401	401	right-of-way line of said F.M. 1093;
402	402	Thence, Westerly, along the northerly right-of-way line of
403	403	said F.M. 1093 and the southerly line of said 1.012 acre tract, 198
404	404	feet, more or less, to the southwesterly corner of said 1.012 acre
405	405	tract, said point being on the easterly line of the aforementioned
406	406	1.019 acre tract;
407	407	Thence, Southerly, along the easterly line of said 1.019 acre
408	408	tract, 5 feet, more or less, to the southeasterly corner of said
409	409	1.019 acre tract, said point being on the northerly right-of-way
410	410	line of said F.M. 1093;
411	411	Thence, Westerly, along a southerly line of said 1.019 acre
412	412	tract and the northerly right-of-way line of said F.M. 1093, 118
413	413	feet, more or less, to a southerly corner of said 1.019 acre tract;
414	414	Thence, Southerly, along a southerly line of said 1.019 acre
415	415	tract and a northerly right-of-way line of said F.M. 1093, 5 feet,
416	416	more or less, to a southerly corner of said 1.019 acre tract;
417	417	Thence, Westerly, along a southerly line of said 1.019 acre
418	418	tract and the northerly right-of-way line of said F.M. 1093, 51
419	419	feet, more or less, to the southwesterly corner of said 1.019 acre
420	420	tract;
421	421	Thence, Northerly, departing the northerly right-of-way line
422	422	of said F.M. 1093, along the westerly line of said 1.019 acre tract,
423	423	159 feet, more or less, to a southerly corner of the aforementioned
424	424	42.35 acre tract;
425	425	Thence, Westerly, along a southerly line of said 42.35 acre
426	426	tract, 168 feet, more or less, to a southerly interior corner of
427	427	said 42.35 acre tract;
428	428	Thence, Southerly, along a southerly interior line of said
429	429	42.35 acre tract, 156 feet, more or less, to a southerly corner of
430	430	said 42.35 acre tract, said point being on the northerly
431	431	right-of-way line of said F.M. 1093;
432	432	Thence, Westerly, along a southerly line of said 42.35 acre
433	433	tract and the northerly right-of-way line of said F.M. 1093, 1,070
434	434	feet, more or less, to the POINT OF BEGINNING and containing 33.2
435	435	acres of land, more or less.
436	436	TRACT 2
437	437	Being 102 acres, more or less, of land situated in the Thomas
438	438	Westall League, Abstract 92, Fort Bend County, Texas, more
439	439	particularly being a portion of that certain called 42.35 acre
440	440	tract of land conveyed to FM 1489 Farms, Inc., by instrument of
441	441	record in File No. 2006076344, in the Official Public Records of
442	442	said Fort Bend County, Texas (F.B.C.O.P.R.), now owned by Twinwood
443	443	(U.S.), Inc. as conveyed in File No. 2012121483, F.B.C.O.P.R., a
444	444	portion of that certain called 69.1455 acre tract conveyed to FM
445	445	1489 Farms, Inc. by instrument of record in File No. 2008055874,
446	446	now owned by Twinwood (U.S.), Inc. as conveyed in File
447	447	No. 2012121483, F.B.C.O.P.R., and that certain called 63.46 acre
448	448	tract conveyed to FM 1489 Farms, Inc. by instrument of record in
449	449	File No. 2006076347, F.B.C.O.P.R., now owned by Twinwood (U.S.),
450	450	Inc. as conveyed in File No. 2012121483, F.B.C.O.P.R., said 102
451	451	acre tract being more particularly described by metes and bounds as
452	452	follows:
453	453	BEGINNING at the most westerly southwest corner of said
454	454	69.1455 acre tract;
455	455	Thence, Northerly, along an easterly line of said 69.1455
456	456	acre tract, 190 feet, more or less, to a point for corner, said
457	457	point being at the approximate ETJ Line of Simonton;
458	458	Thence, Easterly, along the approximate ETJ Line of Simonton,
459	459	2,169 feet, more or less, to a point for corner, said point being on
460	460	a northeasterly line of said 69.1455 acre tract;
461	461	Thence, Southeasterly, along the northeasterly line of said
462	462	69.1455 acre tract, 402 feet to an easterly corner of said 69.1455
463	463	acre tract, said point being on the westerly right-of-way line of
464	464	F.M. 1489;
465	465	Thence, Southerly, along the easterly line of said 69.1455
466	466	acre tract, the easterly line of the aforementioned 63.46 acre
467	467	tract, and the westerly right-of-way line of said F.M. 1489, 1,507
468	468	feet, more or less, to an easterly corner of said 63.46 acre tract,
469	469	the beginning of a curve;
470	470	Thence, Southerly, along the westerly line of said 63.46 acre
471	471	tract and the westerly right-of-way line of said F.M. 1489, 437
472	472	feet, more or less, along the arc of a tangent curve to the left,
473	473	having a radius of 5,779.65 feet to an easterly corner of said 63.46
474	474	acre tract;
475	475	Thence, Southerly along the easterly line of said 63.46 acre
476	476	tract, an easterly line of the aforementioned 42.35 acre tract, and
477	477	the westerly right-of-way line of said F.M. 1489, 365 feet, more or
478	478	less, to an easterly corner of said 42.35 acre tract, the beginning
479	479	of a curve;
480	480	Thence, Southerly, along the an easterly line of said 42.35
481	481	acre tract and the westerly right-of-way line of said F.M. 1489, 94
482	482	feet, more or less, along the arc of a tangent curve to the right,
483	483	having a radius of 5,679.65 feet, to a point for corner, said point
484	484	being at the approximate City Limits Line of Simonton;
485	485	Thence, Westerly, along the approximate City Limits Line of
486	486	Simonton, 1,704 feet, more or less, to a point for corner, said
487	487	point being on the westerly line of said 42.35 acre tract;
488	488	Thence, Northerly, along the westerly lines of said 42.35
489	489	acre tract, said 63.46 acre tract, and said 69.1455 acre tract,
490	490	2,443 feet, more or less, to a southwesterly interior corner of said
491	491	69.1455 acre tract;
492	492	Thence Westerly, along a southerly line of said 69.1455 acre
493	493	tract, 943 feet, more or less, to the POINT OF BEGINNING and
494	494	containing 102 acres of land, more or less.
495	495	TRACT 3
496	496	Being 138 acres, more or less, of land situated in the Thomas
497	497	Westall League, Abstract 92, Fort Bend County, Texas, more
498	498	particularly being a portion of that certain called 200.15 acre
499	499	tract of land conveyed to Hady Creek Ranch, Inc. by instrument of
500	500	record in File No. 2006084768 of the Official Public Records of
501	501	said Fort Bend County, Texas (F.B.C.O.P.R.), now owned by Twinwood
502	502	(U.S.), Inc. as conveyed in File No. 2012121483, F.B.C.O.P.R., and
503	503	that certain 1.6858 acre tract of land conveyed to Hady Creek Ranch,
504	504	Inc. by instrument of record in File No. 2006084767, F.B.C.O.P.R.,
505	505	now owned by Twinwood (U.S.), Inc. as conveyed in File
506	506	No. 2012121483, F.B.C.O.P.R., said 138 acre tract being more
507	507	particularly described by metes and bounds as follows:
508	508	BEGINNING at the southeasterly corner of said 200.15 acre
509	509	tract;
510	510	Thence, Westerly, along a southerly line of said 200.15 acre
511	511	tract, 1,414 feet, more or less, to a southwesterly corner of said
512	512	200.15 acre tract;
513	513	Thence, Northerly, along a southerly line of said 200.15 acre
514	514	tract, 50 feet, more or less, to a southwesterly corner of said
515	515	200.15 acre tract;
516	516	Thence, Westerly, along a southerly line of said 200.15 acre
517	517	tract, 258 feet, more or less, to a southwesterly corner of said
518	518	200.15 acre tract, said point being on the easterly right-of-way
519	519	line of F.M. 1489;
520	520	Thence, Northerly, along a westerly line of said 200.15 acre
521	521	tract and the easterly line of said F.M. 1489, 570 feet, more or
522	522	less, to a westerly corner of said 200.15 acre tract, the beginning
523	523	of a curve;
524	524	Thence, Northerly, along a westerly line of said 200.15 acre
525	525	tract and the easterly line of said F.M. 1489, 437 feet, more or
526	526	less, along the arc of a tangent curve to the left, having a radius
527	527	of 5,779.65 feet, to a westerly corner of said 200.15 acre tract;
528	528	Thence, Northerly, along a westerly line of said 200.15 acre
529	529	tract and the easterly line of said F.M. 1489, 365 feet, more or
530	530	less to a westerly corner of said 200.15 acre tract, the beginning
531	531	of a curve;
532	532	Thence, Northerly, along a westerly line of said 200.15 acre
533	533	tract and the easterly line of said F.M. 1489, 430 feet, more or
534	534	less, along the arc of a tangent curve to the right, having a radius
535	535	of 5,679.65 feet, to a westerly corner of said 200.15 acre tract;
536	536	Thence, Northerly, along a westerly line of said 200.15 acre
537	537	tract and the easterly right-of-way line of said F.M. 1489, 1,801
538	538	feet, more or less, to a point for corner, said point being at the
539	539	approximate ETJ Line of Simonton, the beginning of a curve;
540	540	Thence, Southeasterly, along the approximate ETJ Line of
541	541	Simonton, 2,115 feet, more or less, along the arc of a non-tangent
542	542	curve to the right, having a radius of 2,640.00 feet, to a point for
543	543	corner, said point being on an easterly line of said 200.15 acre
544	544	tract;
545	545	Thence, Southerly, along an easterly line of said 200.15 acre
546	546	tract and the easterly line of the aforementioned 1.6858 acre
547	547	tract, 2,741 feet, more or less, to the POINT OF BEGINNING and
548	548	containing 138 acres of land, more or less.
549	549	SECTION 3. (a) The legal notice of the intention to
550	550	introduce this Act, setting forth the general substance of this
551	551	Act, has been published as provided by law, and the notice and a
552	552	copy of this Act have been furnished to all persons, agencies,
553	553	officials, or entities to which they are required to be furnished
554	554	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
555	555	Government Code.
556	556	(b) The governor, one of the required recipients, has
557	557	submitted the notice and Act to the Texas Commission on
558	558	Environmental Quality.
559	559	(c) The Texas Commission on Environmental Quality has filed
560	560	its recommendations relating to this Act with the governor,
561	561	lieutenant governor, and speaker of the house of representatives
562	562	within the required time.
563	563	(d) The general law relating to consent by political
564	564	subdivisions to the creation of districts with conservation,
565	565	reclamation, and road powers and the inclusion of land in those
566	566	districts has been complied with.
567	567	(e) All requirements of the constitution and laws of this
568	568	state and the rules and procedures of the legislature with respect
569	569	to the notice, introduction, and passage of this Act have been
570	570	fulfilled and accomplished.
571	571	SECTION 4. This Act takes effect immediately if it receives
572	572	a vote of two-thirds of all the members elected to each house, as
573	573	provided by Section 39, Article III, Texas Constitution. If this
574	574	Act does not receive the vote necessary for immediate effect, this
575	575	Act takes effect September 1, 2015.
576	576
577	577	Pos. No. Name of Director
578	578
579	579	1 ___________
580	580
581	581	2 ___________
582	582
583	583	3 ___________
584	584
585	585	4 ___________
586	586
587	587	5 ___________