Texas 2017 - 85th Regular

Texas House Bill HB4297 Latest Draft

Bill / Enrolled Version Filed 05/27/2017

                            H.B. No. 4297


 AN ACT
 relating to the creation of Telfair Tract 5 Commercial Management
 District; providing authority to issue bonds; providing authority
 to impose assessments, fees, or taxes.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subtitle C, Title 4, Special District Local Laws
 Code, is amended by adding Chapter 3953 to read as follows:
 CHAPTER 3953.  TELFAIR TRACT 5 COMMERCIAL MANAGEMENT DISTRICT
 SUBCHAPTER A.  GENERAL PROVISIONS
 Sec. 3953.001.  DEFINITIONS. In this chapter:
 (1)  "Board" means the district's board of directors.
 (2)  "City" means the City of Sugar Land.
 (3)  "Director" means a board member.
 (4)  "District" means the Telfair Tract 5 Commercial
 Management District.
 Sec. 3953.002.  NATURE OF DISTRICT. The district is a
 special district created under Section 59, Article XVI, Texas
 Constitution.
 Sec. 3953.003.  PURPOSE; LEGISLATIVE FINDINGS. (a) The
 creation of the district is essential to accomplish the purposes of
 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
 Texas Constitution, and other public purposes stated in this
 chapter. By creating the district and in authorizing the city and
 other political subdivisions to contract with the district, the
 legislature has established a program to accomplish the public
 purposes set out in Section 52-a, Article III, Texas Constitution.
 (b)  The creation of the district is necessary to promote,
 develop, encourage, and maintain employment, commerce,
 transportation, housing, tourism, recreation, the arts,
 entertainment, economic development, safety, and the public
 welfare in the district.
 (c)  This chapter and the creation of the district may not be
 interpreted to relieve the city from providing the level of
 services provided as of the effective date of the Act enacting this
 chapter. The district is created to supplement and not to supplant
 city services provided in the district.
 Sec. 3953.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
 The district is created to serve a public use and benefit.
 (b)  All land and other property included in the district
 will benefit from the improvements and services to be provided by
 the district under powers conferred by Sections 52 and 52-a,
 Article III, and Section 59, Article XVI, Texas Constitution, and
 other powers granted under this chapter.
 (c)  The creation of the district is in the public interest
 and is essential to further the public purposes of:
 (1)  developing and diversifying the economy of the
 state;
 (2)  eliminating unemployment and underemployment; and
 (3)  developing or expanding transportation and
 commerce.
 (d)  The district will:
 (1)  promote the health, safety, and general welfare of
 residents, employers, potential employees, employees, visitors,
 and consumers in the district, and of the public;
 (2)  provide needed funding for the district to
 preserve, maintain, and enhance the economic health and vitality of
 the district territory as a community and business center; and
 (3)  promote the health, safety, welfare, and enjoyment
 of the public by providing pedestrian ways and by landscaping and
 developing certain areas in the district, which are necessary for
 the restoration, preservation, and enhancement of scenic beauty.
 (e)  Pedestrian ways along or across a street, whether at
 grade or above or below the surface, and street lighting, street
 landscaping, parking, and street art objects are parts of and
 necessary components of a street and are considered to be a street
 or road improvement.
 (f)  The district will not act as the agent or
 instrumentality of any private interest even though the district
 will benefit many private interests as well as the public.
 Sec. 3953.005.  INITIAL DISTRICT TERRITORY. (a) The
 district is initially composed of the territory described by
 Section 2 of the Act enacting this chapter.
 (b)  The boundaries and field notes contained in Section 2 of
 the Act enacting this chapter form a closure. A mistake in the
 field notes or in copying the field notes in the legislative process
 does not affect the district's:
 (1)  organization, existence, or validity;
 (2)  right to issue any type of bonds for the purposes
 for which the district is created or to pay the principal of and
 interest on the bonds;
 (3)  right to impose or collect an assessment or tax; or
 (4)  legality or operation.
 Sec. 3953.006.  ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
 (a)  All or any part of the area of the district is eligible to be
 included in:
 (1)  a tax increment reinvestment zone created under
 Chapter 311, Tax Code;
 (2)  a tax abatement reinvestment zone created under
 Chapter 312, Tax Code;
 (3)  an enterprise zone created under Chapter 2303,
 Government Code; or
 (4)  an industrial district created under Chapter 42,
 Local Government Code.
 (b)  If the city creates a tax increment reinvestment zone
 described by Subsection (a), the city and the board of directors of
 the zone, by contract with the district, may grant money deposited
 in the tax increment fund to the district to be used by the district
 for the purposes permitted for money granted to a corporation under
 Section 380.002(b), Local Government Code, including the right to
 pledge the money as security for any bonds issued by the district
 for an improvement project.  A project may not receive public funds
 under Section 380.002(b), Local Government Code, unless the project
 has been approved by the governing body of the city.
 Sec. 3953.007.  APPLICABILITY OF MUNICIPAL MANAGEMENT
 DISTRICTS LAW. Except as otherwise provided by this chapter,
 Chapter 375, Local Government Code, applies to the district.
 Sec. 3953.008.  CONSTRUCTION OF CHAPTER. This chapter shall
 be liberally construed in conformity with the findings and purposes
 stated in this chapter.
 SUBCHAPTER B. BOARD OF DIRECTORS
 Sec. 3953.051.  GOVERNING BODY; TERMS. (a) The district is
 governed by a board of nine voting directors appointed by the
 governing body of the city under Section 3953.052 who serve
 staggered terms of four years with four or five directors' terms
 expiring June 1 of each odd-numbered year.
 (b)  The board by resolution may increase or decrease the
 number of voting directors on the board if the board determines the
 change is in the best interest of the district. The board may not:
 (1)  increase the number of voting directors to more
 than 20; or
 (2)  decrease the number of voting directors to fewer
 than nine.
 Sec. 3953.052.  APPOINTMENT OF VOTING DIRECTORS;
 QUALIFICATIONS.  (a)  In this section, "city stakeholder" means:
 (1)  a person who owns property in the city;
 (2)  an owner of stock or of a partnership interest or
 membership interest, whether beneficial or otherwise, of a
 corporation, corporate partnership, limited liability company, or
 other entity that owns a direct or indirect interest in property in
 the city;
 (3)  an owner of a beneficial interest in a trust that
 owns a direct or indirect interest in property in the city; or
 (4)  an agent, employee, or tenant of a person
 described by Subdivision (1), (2), or (3).
 (b)  The governing body of the city shall appoint to serve as
 voting directors the appropriate number of qualified persons. In
 appointing voting directors, the governing body shall ensure that
 the resulting board has city stakeholders serving in at least
 two-thirds of the voting director positions.
 (c)  In determining persons to serve as voting directors, the
 governing body shall consider for appointment:
 (1)  persons recommended by the board; and
 (2)  a number of persons recommended by any city
 stakeholder who makes a recommendation and who owns at least seven
 acres of land inside the district's boundaries, except that the
 number of persons recommended for consideration by the city
 stakeholder may not exceed a total of one person for the first seven
 acres of land the city stakeholder owns and not more than one
 additional person for each additional 15 acres the city stakeholder
 owns.
 (d)  The governing body is not bound by the recommendations
 of the board or a city stakeholder and may appoint as a voting
 director any qualified person.
 Sec. 3953.053.  NONVOTING DIRECTORS. The board may appoint
 nonvoting directors to serve on the board.
 Sec. 3953.054.  REMOVAL OF DIRECTORS. (a) The board shall
 remove a director if the director has missed at least half the
 meetings scheduled during the preceding 12 months.
 (b)  A director removed under this section may file a written
 appeal with the governing body of the city. The governing body may
 reinstate the director if the body finds that the removal was
 unwarranted under the circumstances after considering the reasons
 for the absences.
 Sec. 3953.055.  QUORUM. For purposes of determining the
 requirements for a quorum of the board, the following are not
 counted:
 (1)  a board position vacant for any reason, including
 death, resignation, or disqualification;
 (2)  a director who is abstaining from participation in
 a vote because of a conflict of interest; or
 (3)  a nonvoting director.
 Sec. 3953.056.  INITIAL VOTING DIRECTORS.  (a)  The initial
 board consists of the following voting directors:
 Pos. No. Name of Director  Pos. No. Name of Director
 Pos. No. Name of Director
 1 Steve Griffith  1 Steve Griffith
 1 Steve Griffith
 2 Jennifer Brown  2 Jennifer Brown
 2 Jennifer Brown
 3 Gary Becker  3 Gary Becker
 3 Gary Becker
 4 Michael Schiff  4 Michael Schiff
 4 Michael Schiff
 5 Greg Wine  5 Greg Wine
 5 Greg Wine
 6 Bob McPherson  6 Bob McPherson
 6 Bob McPherson
 7 Alan Bauer  7 Alan Bauer
 7 Alan Bauer
 8 Dan Whitton  8 Dan Whitton
 8 Dan Whitton
 9 Brandi Coatsworth  9 Brandi Coatsworth
 9 Brandi Coatsworth
 (b)  Of the initial directors, the terms of directors
 appointed for positions one through five expire June 1, 2019, and
 the terms of directors appointed for positions six through nine
 expire June 1, 2021.
 (c)  Section 3953.052 does not apply to this section.
 (d)  This section expires September 1, 2021.
 SUBCHAPTER C. POWERS AND DUTIES
 Sec. 3953.101.  GENERAL POWERS AND DUTIES. The district has
 the powers and duties necessary to accomplish the purposes for
 which the district is created.
 Sec. 3953.102.  IMPROVEMENT PROJECTS AND SERVICES. The
 district may provide, design, construct, acquire, improve,
 relocate, operate, maintain, or finance an improvement project or
 service using any money available to the district, or contract with
 a governmental or private entity to provide, design, construct,
 acquire, improve, relocate, operate, maintain, or finance an
 improvement project or service authorized under this chapter or
 Chapter 372 or 375, Local Government Code.
 Sec. 3953.103.  LOCATION OF IMPROVEMENT PROJECT.  An
 improvement project described by Section 3953.102 may be located:
 (1)  in the district; or
 (2)  in an area outside the district if the project is
 for the purpose of extending a public infrastructure improvement
 beyond the district's boundaries to a logical terminus.
 Sec. 3953.104.  PUBLIC IMPROVEMENT DISTRICT POWERS. The
 district has the powers provided by Chapter 372, Local Government
 Code, to a municipality or county.
 Sec. 3953.105.  MUNICIPAL MANAGEMENT DISTRICT POWERS.  The
 district has the powers provided by Chapter 375, Local Government
 Code.
 Sec. 3953.106.  DEVELOPMENT CORPORATION POWERS. The
 district, using money available to the district, may exercise the
 powers given to a development corporation under Chapter 505, Local
 Government Code, including the power to own, operate, acquire,
 construct, lease, improve, or maintain a project under that
 chapter.
 Sec. 3953.107.  NONPROFIT CORPORATION. (a) The board by
 resolution may authorize the creation of a nonprofit corporation to
 assist and act for the district in implementing a project or
 providing a service authorized by this chapter.
 (b)  The nonprofit corporation:
 (1)  has each power of and is considered to be a local
 government corporation created under Subchapter D, Chapter 431,
 Transportation Code; and
 (2)  may implement any project and provide any service
 authorized by this chapter.
 (c)  The board shall appoint the board of directors of the
 nonprofit corporation. The board of directors of the nonprofit
 corporation shall serve in the same manner as the board of directors
 of a local government corporation created under Subchapter D,
 Chapter 431, Transportation Code, except that a board member is not
 required to reside in the district.
 Sec. 3953.108.  AGREEMENTS; GRANTS. (a)  As provided by
 Chapter 375, Local Government Code, the district may make an
 agreement with or accept a gift, grant, or loan from any person.
 (b)  The implementation of a project is a governmental
 function or service for the purposes of Chapter 791, Government
 Code.
 Sec. 3953.109.  LAW ENFORCEMENT SERVICES. To protect the
 public interest, the district may contract with a qualified party
 to provide law enforcement services for a fee.
 Sec. 3953.110.  MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
 district may join and pay dues to a charitable or nonprofit
 organization that performs a service or provides an activity
 consistent with the furtherance of a district purpose.
 Sec. 3953.111.  ECONOMIC DEVELOPMENT. (a) The district may
 engage in activities that accomplish the economic development
 purposes of the district.
 (b)  The district may establish and provide for the
 administration of one or more programs to promote state or local
 economic development and to stimulate business and commercial
 activity, including programs to:
 (1)  make loans and grants of public money; and
 (2)  provide district personnel and services,
 including for the management of recreational facilities.
 (c)  The district may create economic development programs
 and exercise the economic development powers provided to
 municipalities by:
 (1)  Chapter 380, Local Government Code; and
 (2)  Subchapter A, Chapter 1509, Government Code.
 Sec. 3953.112.  PARKING FACILITIES. (a) The district may
 acquire, lease as lessor or lessee, construct, develop, own,
 operate, and maintain parking facilities or a system of parking
 facilities, including lots, garages, parking terminals, or other
 structures or accommodations for parking motor vehicles off the
 streets and related appurtenances.
 (b)  The district's parking facilities serve the public
 purposes of the district and are owned, used, and held for a public
 purpose even if leased or operated by a private entity for a term of
 years.
 (c)  The district's parking facilities are parts of and
 necessary components of a street and are considered to be a street
 or road improvement.
 (d)  The development and operation of the district's parking
 facilities may be considered an economic development program.
 Sec. 3953.113.  ANNEXATION OR EXCLUSION OF LAND. (a) The
 district may annex land as provided by Subchapter J, Chapter 49,
 Water Code.
 (b)  The district may exclude land as provided by Subchapter
 J, Chapter 49, Water Code. Section 375.044(b), Local Government
 Code, does not apply to the district.
 Sec. 3953.114.  APPROVAL BY CITY. (a) Except as provided by
 Subsection (b), the district must obtain the approval of the city
 for:
 (1)  the issuance of bonds for an improvement project
 financed by the bonds if any part of the project is carried out in
 the corporate limits of the city; and
 (2)  the plans and specifications of the improvement
 project financed by the bonds.
 (b)  If the district obtains the approval of the city's
 governing body of a capital improvements budget for a period not to
 exceed five years, the district may finance the capital
 improvements and issue bonds specified in the budget without
 further approval from the city.
 Sec. 3953.115.  CONCURRENCE ON ADDITIONAL POWERS. If the
 legislature grants the district a power that is in addition to the
 powers approved by the initial resolution of the governing body of
 the city consenting to the creation of the district, the district
 may not exercise that power unless the governing body of the city by
 resolution consents to that change.
 Sec. 3953.116.  NO EMINENT DOMAIN POWER.  The district may
 not exercise the power of eminent domain.
 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
 Sec. 3953.151.  DISBURSEMENTS AND TRANSFERS OF MONEY. The
 board by resolution shall establish the number of directors'
 signatures and the procedure required for a disbursement or
 transfer of district money.
 Sec. 3953.152.  MONEY USED FOR IMPROVEMENTS OR SERVICES.
 The district may acquire, construct, finance, operate, or maintain
 any improvement or service authorized under this chapter or Chapter
 375, Local Government Code, using any money available to the
 district.
 Sec. 3953.153.  PETITION REQUIRED FOR FINANCING SERVICES AND
 IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
 service or improvement project with assessments under this chapter
 unless a written petition requesting that service or improvement
 has been filed with the board.
 (b)  The petition must be signed by the owners of a majority
 of the assessed value of real property in the district subject to
 assessment according to the most recent certified tax appraisal
 roll for the county.
 Sec. 3953.154.  ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
 The board by resolution may impose and collect an assessment for any
 purpose authorized by this chapter in all or any part of the
 district in the manner provided for:
 (1)  a district under Subchapters A, E, and F, Chapter
 375, Local Government Code; or
 (2)  a municipality or county under Subchapter A,
 Chapter 372, Local Government Code.
 (b)  An assessment, a reassessment, or an assessment
 resulting from an addition to or correction of the assessment roll
 by the district, penalties and interest on an assessment or
 reassessment, an expense of collection, and reasonable attorney's
 fees incurred by the district:
 (1)  are a first and prior lien against the property
 assessed;
 (2)  are superior to any other lien or claim other than
 a lien or claim for county, school district, or municipal ad valorem
 taxes; and
 (3)  are the personal liability of and a charge against
 the owners of the property even if the owners are not named in the
 assessment proceedings.
 (c)  The lien is effective from the date of the board's
 resolution imposing the assessment until the date the assessment is
 paid. The board may enforce the lien in the same manner that the
 board may enforce an ad valorem tax lien against real property.
 (d)  The board may make a correction to or deletion from the
 assessment roll that does not increase the amount of assessment of
 any parcel of land without providing notice and holding a hearing in
 the manner required for additional assessments.
 Sec. 3953.155.  RESIDENTIAL PROPERTY NOT EXEMPT. Section
 375.161, Local Government Code, does not apply to a tax authorized
 or approved by the voters of the district or a required payment for
 a service provided by the district, including water and sewer
 services.
 Sec. 3953.156.  TAX AND ASSESSMENT ABATEMENTS. The district
 may designate reinvestment zones and may grant abatements of
 district taxes or assessments on property in the zones.
 SUBCHAPTER E. TAXES AND BONDS
 Sec. 3953.201.  TAX ABATEMENT.  The district may enter into a
 tax abatement agreement in accordance with the general laws of this
 state authorizing and applicable to a tax abatement agreement by a
 municipality.
 Sec. 3953.202.  ELECTIONS REGARDING TAXES AND BONDS. (a)
 The district may issue, without an election, bonds, notes, and
 other obligations secured by:
 (1)  revenue other than ad valorem taxes; or
 (2)  contract payments described by Section 3953.204.
 (b)  The district must hold an election in the manner
 provided by Subchapter L, Chapter 375, Local Government Code, to
 obtain voter approval before the district may impose an ad valorem
 tax or issue bonds payable from ad valorem taxes.
 (c)  Section 375.243, Local Government Code, does not apply
 to the district.
 (d)  All or any part of any facilities or improvements that
 may be acquired by a district by the issuance of its bonds may be
 submitted as a single proposition or as several propositions to be
 voted on at the election.
 Sec. 3953.203.  OPERATION AND MAINTENANCE TAX. (a) If
 authorized by a majority of the district voters voting at an
 election held in accordance with Section 3953.202, the district may
 impose an operation and maintenance tax on taxable property in the
 district in accordance with Section 49.107, Water Code, for any
 district purpose, including to:
 (1)  maintain and operate the district;
 (2)  construct or acquire improvements; or
 (3)  provide a service.
 (b)  The board shall determine the tax rate. The rate may not
 exceed the rate approved at the election.
 (c)  Section 49.107(h), Water Code, does not apply to the
 district.
 Sec. 3953.204.  CONTRACT TAXES. (a) In accordance with
 Section 49.108, Water Code, the district may impose a tax other than
 an operation and maintenance tax and use the revenue derived from
 the tax to make payments under a contract after the provisions of
 the contract have been approved by a majority of the district voters
 voting at an election held for that purpose.
 (b)  A contract approved by the district voters may contain a
 provision stating that the contract may be modified or amended by
 the board without further voter approval.
 Sec. 3953.205.  AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
 AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
 determined by the board. Section 375.205, Local Government Code,
 does not apply to a loan, line of credit, or other borrowing from a
 bank or financial institution secured by revenue other than ad
 valorem taxes.
 (b)  The district may issue bonds, notes, or other
 obligations payable wholly or partly from ad valorem taxes,
 assessments, impact fees, revenue, contract payments, grants, or
 other district money, or any combination of those sources of money,
 to pay for any authorized district purpose.
 (c)  The limitation on the outstanding principal amount of
 bonds, notes, and other obligations provided by Section 49.4645,
 Water Code, does not apply to the district.
 Sec. 3953.206.  TAXES FOR BONDS. At the time the district
 issues bonds payable wholly or partly from ad valorem taxes, the
 board shall provide for the annual imposition of a continuing
 direct annual ad valorem tax, without limit as to rate or amount,
 for each year that all or part of the bonds are outstanding as
 required and in the manner provided by Sections 54.601 and 54.602,
 Water Code.
 SUBCHAPTER F.  DISSOLUTION
 Sec. 3953.251.  DISSOLUTION BY CITY ORDINANCE. (a) The city
 by ordinance may dissolve the district.
 (b)  The city may not dissolve the district until the
 district's outstanding debt or contractual obligations that are
 payable from ad valorem taxes have been repaid or discharged, or the
 city has affirmatively assumed the obligation to pay the
 outstanding debt from city revenue.
 Sec. 3953.252.  COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
 (a) If the dissolved district has bonds or other obligations
 outstanding secured by and payable from assessments or other
 revenue, other than ad valorem taxes, the city shall succeed to the
 rights and obligations of the district regarding enforcement and
 collection of the assessments or other revenue.
 (b)  The city shall have and exercise all district powers to
 enforce and collect the assessments or other revenue to pay:
 (1)  the bonds or other obligations when due and
 payable according to their terms; or
 (2)  special revenue or assessment bonds or other
 obligations issued by the city to refund the outstanding bonds or
 obligations.
 Sec. 3953.253.  ASSUMPTION OF ASSETS AND LIABILITIES. (a)
 After the city dissolves the district, the city assumes, subject to
 the appropriation and availability of funds, the obligations of the
 district, including any bonds or other debt payable from
 assessments or other district revenue.
 (b)  After the district is dissolved, the board shall
 transfer ownership of all district property to the city.
 SECTION 2.  The Telfair Tract 5 Commercial Management
 District initially includes all the territory contained in the
 following area:
 Telfair Tract 5 Commercial Management District - Metes and Bounds
 The Point of Beginning is 29°34'35.280" N and 95°38'51.525" W. It
 describes the intersection of University Boulevard E ROW boundary
 and Lexington Boulevard S ROW boundary.
 1.  Proceeding from Point of Beginning to SE ROW line 1555.17
 feet to limits of Lexington Boulevard ROW adjacent to 21-acre city
 property boundary.
 2.  Heading SE 907.67 feet adjacent to the boundary of city
 property terminating at the limits of the Fort Bend Levee
 Improvement District No. 17 ROW. (F.N. 2014126419 F.B.C.C.F.)
 3.  Heading NW 2076.70 feet adjacent to the SW boundary of
 Fort Bend County Levee Improvement District No. 17 property,
 joining the S Lexington Boulevard ROW boundary.
 4.  Heading E 112.05 feet adjacent to the SE Lexington
 Boulevard ROW line terminating within Fort Bend County Levee
 Improvement District Property at 29°34'55.646"N and 95°38'26.975'W
 5.  Heading N 964.73 feet adjacent to the Fort Bend County
 Levee Improvement District No. 17 Drainage Ditch to the
 intersection of US59 Frontage Texas Department of Transportation S
 ROW.
 6.  Heading SW 2164.11 feet adjacent to US59 Frontage Texas
 Department of Transportation S ROW to intersection of Texas
 Department of Transportation Tract 121, Part 3, bounded by US59 to
 the N and University Boulevard to the W.
 7.  Heading SW 615.96 feet adjacent to US59 Frontage Road ROW
 to intersection of NE ROW boundary of University Boulevard.
 8.  Heading SW 517.90 feet adjacent to the E ROW boundary of
 University Boulevard terminating at the property boundary of Tract
 121, Part 3 as recorded in the Alexander Hodge Survey Abstract
 Number 32, Fort Bend County, Texas.
 9.  Heading S 328.33 feet adjacent to the University
 Boulevard E ROW boundary, terminating at the S ROW boundary at
 Aberfeldy Street.
 10.  Heading E 680.44 feet adjacent to Aberfeldy Street S
 ROW, bounded by Texas Instruments Inc. (TxDot Tract 5, Block 1,
 5.921 Ac. Reserve A) to the S, terminating at the intersection of
 Aberfeldy Street and Tamarind Street at 29° 34'40.788" N and
 95°38'43.515"W
 11.  Heading S 453.13 feet adjacent to Tamarind Street,
 terminating at 29°34'36.228"N and 95°38'44.098"W bounded by
 Lexington Boulevard N ROW boundary to the S and Texas Instruments
 Inc. (TxDot Tract 5, Block 1, 5.921 Ac. Reserve A) to the N.
 12.  Heading W 663.20 feet adjacent to Lexington Boulevard N
 ROW boundary terminating at the intersection of University
 Boulevard E ROW boundary at 29°34'37.083"N and 95°38'51.151"W.
 13.  Heading S 201.19 feet adjacent to the University
 Boulevard terminating at the Point of Beginning containing the
 319.633 acres of land.
 SECTION 3.  (a) The legal notice of the intention to
 introduce this Act, setting forth the general substance of this
 Act, has been published as provided by law, and the notice and a
 copy of this Act have been furnished to all persons, agencies,
 officials, or entities to which they are required to be furnished
 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
 Government Code.
 (b)  The governor, one of the required recipients, has
 submitted the notice and Act to the Texas Commission on
 Environmental Quality.
 (c)  The Texas Commission on Environmental Quality has filed
 its recommendations relating to this Act with the governor,
 lieutenant governor, and speaker of the house of representatives
 within the required time.
 (d)  The general law relating to consent by political
 subdivisions to the creation of districts with conservation,
 reclamation, and road powers and the inclusion of land in those
 districts has been complied with.
 (e)  All requirements of the constitution and laws of this
 state and the rules and procedures of the legislature with respect
 to the notice, introduction, and passage of this Act have been
 fulfilled and accomplished.
 SECTION 4.  This Act takes effect immediately if it receives
 a vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution.  If this
 Act does not receive the vote necessary for immediate effect, this
 Act takes effect September 1, 2017.
 ______________________________ ______________________________
 President of the Senate Speaker of the House
 I certify that H.B. No. 4297 was passed by the House on May
 19, 2017, by the following vote:  Yeas 137, Nays 7, 2 present, not
 voting.
 ______________________________
 Chief Clerk of the House
 I certify that H.B. No. 4297 was passed by the Senate on May
 24, 2017, by the following vote:  Yeas 30, Nays 1.
 ______________________________
 Secretary of the Senate
 APPROVED:  _____________________
 Date
 _____________________
 Governor

 Pos. No. Name of Director

 1 Steve Griffith

 2 Jennifer Brown

 3 Gary Becker

 4 Michael Schiff

 5 Greg Wine

 6 Bob McPherson

 7 Alan Bauer

 8 Dan Whitton

 9 Brandi Coatsworth