TX
Texas Senate Bill SB320

Texas 2017 - 85th Regular

Texas Senate Bill SB320 Compare Versions

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1-S.B. No. 320
1+By: Nichols S.B. No. 320
2+ (Bailes)
23
34
5+ A BILL TO BE ENTITLED
46 AN ACT
57 relating to the creation of River Ranch Improvement District of
68 Liberty County; providing authority to issue bonds; providing
79 authority to impose assessments, fees, or taxes.
810 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
911 SECTION 1. Subtitle C, Title 4, Special District Local Laws
1012 Code, is amended by adding Chapter 3948 to read as follows:
1113 CHAPTER 3948. RIVER RANCH IMPROVEMENT DISTRICT OF LIBERTY COUNTY
1214 SUBCHAPTER A. GENERAL PROVISIONS
1315 Sec. 3948.001. DEFINITIONS. In this chapter:
1416 (1) "Board" means the district's board of directors.
1517 (2) "City" means the City of Dayton.
1618 (3) "County" means Liberty County.
1719 (4) "Director" means a board member.
1820 (5) "District" means the River Ranch Improvement
1921 District of Liberty County.
2022 Sec. 3948.002. NATURE OF DISTRICT. The district is a
2123 special district created under Section 59, Article XVI, Texas
2224 Constitution.
2325 Sec. 3948.003. PURPOSE; DECLARATION OF INTENT. (a) The
2426 creation of the district is essential to accomplish the purposes of
2527 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
2628 Texas Constitution, and other public purposes stated in this
2729 chapter. By creating the district and in authorizing the city, the
2830 county, and other political subdivisions to contract with the
2931 district, the legislature has established a program to accomplish
3032 the public purposes set out in Section 52-a, Article III, Texas
3133 Constitution.
3234 (b) The creation of the district is necessary to promote,
3335 develop, encourage, and maintain employment, commerce,
3436 transportation, housing, tourism, recreation, the arts,
3537 entertainment, economic development, safety, and the public
3638 welfare in the district, and to accomplish the redevelopment of
3739 land in the district.
3840 (c) This chapter and the creation of the district may not be
3941 interpreted to relieve the city or the county from providing the
4042 level of services provided as of the effective date of the Act
4143 enacting this chapter to the area in the district. The district is
4244 created to supplement and not to supplant city or county services
4345 provided in the district.
4446 Sec. 3948.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
4547 (a) The district is created to serve a public use and benefit.
4648 (b) All land and other property included in the district
4749 will benefit from the improvements and services to be provided by
4850 the district under powers conferred by Sections 52 and 52-a,
4951 Article III, and Section 59, Article XVI, Texas Constitution, and
5052 other powers granted under this chapter.
5153 (c) The creation of the district is in the public interest
5254 and is essential to further the public purposes of:
5355 (1) developing and diversifying the economy of the
5456 state;
5557 (2) eliminating unemployment and underemployment; and
5658 (3) developing or expanding transportation and
5759 commerce.
5860 (d) The district will:
5961 (1) promote the health, safety, and general welfare of
6062 residents, employers, potential employees, employees, visitors,
6163 and consumers in the district, and of the public;
6264 (2) provide needed funding for the district to
6365 preserve, maintain, and enhance the economic health and vitality of
6466 the district territory as a community and business center;
6567 (3) promote the health, safety, welfare, and enjoyment
6668 of the public by providing pedestrian ways and by landscaping and
6769 developing certain areas in the district, which are necessary for
6870 the restoration, preservation, and enhancement of scenic beauty;
6971 and
7072 (4) provide for road, transportation, and
7173 recreational facilities for the district.
7274 (e) Pedestrian ways along or across a street, whether at
7375 grade or above or below the surface, and street lighting, street
7476 landscaping, parking, and street art objects are parts of and
7577 necessary components of a street and are considered to be a street
7678 or road improvement.
7779 (f) The district will not act as the agent or
7880 instrumentality of any private interest even though the district
7981 will benefit many private interests as well as the public.
8082 Sec. 3948.005. INITIAL DISTRICT TERRITORY. (a) The
8183 district is initially composed of the territory described by
8284 Section 2 of the Act enacting this chapter.
8385 (b) The boundaries and field notes contained in Section 2 of
8486 the Act enacting this chapter form a closure. A mistake in the
8587 field notes or in copying the field notes in the legislative process
8688 does not affect the district's:
8789 (1) organization, existence, or validity;
8890 (2) right to issue any type of bonds for the purposes
8991 for which the district is created or to pay the principal of and
9092 interest on the bonds;
9193 (3) right to impose or collect an assessment or tax; or
9294 (4) legality or operation.
9395 Sec. 3948.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
9496 All or any part of the area of the district is eligible to be
9597 included in:
9698 (1) a tax increment reinvestment zone created under
9799 Chapter 311, Tax Code;
98100 (2) a tax abatement reinvestment zone created under
99101 Chapter 312, Tax Code;
100102 (3) an enterprise zone created under Chapter 2303,
101103 Government Code; or
102104 (4) an industrial district created under Chapter 42,
103105 Local Government Code.
104106 Sec. 3948.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
105107 DISTRICTS LAW. Except as otherwise provided by this chapter,
106108 Chapter 375, Local Government Code, applies to the district.
107109 Sec. 3948.008. CONSTRUCTION OF CHAPTER. This chapter shall
108110 be liberally construed in conformity with the findings and purposes
109111 stated in this chapter.
110112 SUBCHAPTER B. BOARD OF DIRECTORS
111113 Sec. 3948.051. GOVERNING BODY; TERMS. (a) The district is
112114 governed by a board of five voting directors who serve staggered
113115 terms of four years, with two or three directors' terms expiring
114116 June 1 of each odd-numbered year.
115117 (b) The board by resolution may change the number of voting
116118 directors on the board if the board determines that the change is in
117119 the best interest of the district. The board may not consist of
118120 fewer than 5 or more than 15 directors.
119121 Sec. 3948.052. APPOINTMENT OF VOTING DIRECTORS. The Texas
120122 Commission on Environmental Quality shall appoint voting directors
121123 from persons recommended by the board.
122124 Sec. 3948.053. NONVOTING DIRECTORS. The board may appoint
123125 nonvoting directors to serve at the pleasure of the voting
124126 directors.
125127 Sec. 3948.054. QUORUM. For purposes of determining the
126128 requirements for a quorum of the board, the following are not
127129 counted:
128130 (1) a board position vacant for any reason, including
129131 death, resignation, or disqualification;
130132 (2) a director who is abstaining from participation in
131133 a vote because of a conflict of interest; or
132134 (3) a nonvoting director.
133135 Sec. 3948.055. COMPENSATION. A director is entitled to
134136 receive fees of office and reimbursement for actual expenses as
135137 provided by Section 49.060, Water Code. Sections 375.069 and
136138 375.070, Local Government Code, do not apply to the board.
137139 Sec. 3948.056. INITIAL VOTING DIRECTORS.
138140 (a) Notwithstanding Section 3948.051(a), the initial board
139141 consists of the following five directors:
140142 Pos. No. Name of Director Pos. No. Name of Director
141143 Pos. No. Name of Director
142144 1. Wayne Knox 1. Wayne Knox
143145 1. Wayne Knox
144146 2. Mary H. Cody 2. Mary H. Cody
145147 2. Mary H. Cody
146148 3. Gene Campbell 3. Gene Campbell
147149 3. Gene Campbell
148150 4. Bill Gammel 4. Bill Gammel
149151 4. Bill Gammel
150152 5. Christopher Brant Elliott 5. Christopher Brant Elliott
151153 5. Christopher Brant Elliott
152154 (b) Of the initial directors, the terms of directors
153155 appointed for positions one through three expire June 1, 2019, and
154156 the terms of directors appointed for positions four and five expire
155157 June 1, 2021.
156158 (c) Section 3948.052 does not apply to this section.
157159 (d) This section expires September 1, 2021.
158160 SUBCHAPTER C. POWERS AND DUTIES
159161 Sec. 3948.101. GENERAL POWERS AND DUTIES. The district has
160162 the powers and duties necessary to accomplish the purposes for
161163 which the district is created.
162164 Sec. 3948.102. IMPROVEMENT PROJECTS AND SERVICES. The
163165 district may provide, design, construct, acquire, improve,
164166 relocate, operate, maintain, or finance an improvement project or
165167 service using any money available to the district, or contract with
166168 a governmental or private entity to provide, design, construct,
167169 acquire, improve, relocate, operate, maintain, or finance an
168170 improvement project or service authorized under this chapter or
169171 Chapter 375, Local Government Code.
170172 Sec. 3948.103. DEVELOPMENT CORPORATION POWERS. The
171173 district, using money available to the district, may exercise the
172174 powers given to a development corporation under Chapter 505, Local
173175 Government Code, including the power to own, operate, acquire,
174176 construct, lease, improve, or maintain a project under that
175177 chapter.
176178 Sec. 3948.104. NONPROFIT CORPORATION. (a) The board by
177179 resolution may authorize the creation of a nonprofit corporation to
178180 assist and act for the district in implementing a project or
179181 providing a service authorized by this chapter.
180182 (b) The nonprofit corporation:
181183 (1) has each power of and is considered to be a local
182184 government corporation created under Subchapter D, Chapter 431,
183185 Transportation Code; and
184186 (2) may implement any project and provide any service
185187 authorized by this chapter.
186188 (c) The board shall appoint the board of directors of the
187189 nonprofit corporation. The board of directors of the nonprofit
188190 corporation shall serve in the same manner as the board of directors
189191 of a local government corporation created under Subchapter D,
190192 Chapter 431, Transportation Code, except that a board member is not
191193 required to reside in the district.
192194 Sec. 3948.105. AGREEMENTS; GRANTS. (a) As provided by
193195 Chapter 375, Local Government Code, the district may make an
194196 agreement with or accept a gift, grant, or loan from any person.
195197 (b) The implementation of a project is a governmental
196198 function or service for the purposes of Chapter 791, Government
197199 Code.
198200 Sec. 3948.106. LAW ENFORCEMENT SERVICES. To protect the
199201 public interest, the district may contract with a qualified party,
200202 including the county or the city, to provide law enforcement
201203 services in the district for a fee.
202204 Sec. 3948.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
203205 district may join and pay dues to a charitable or nonprofit
204206 organization that performs a service or provides an activity
205207 consistent with the furtherance of a district purpose.
206208 Sec. 3948.108. ECONOMIC DEVELOPMENT. (a) The district may
207209 engage in activities that accomplish the economic development
208210 purposes of the district.
209211 (b) The district may establish and provide for the
210212 administration of one or more programs to promote state or local
211213 economic development and to stimulate business and commercial
212214 activity in the district, including programs to:
213215 (1) make loans and grants of public money; and
214216 (2) provide district personnel and services.
215217 (c) The district may create economic development programs
216218 and exercise the economic development powers provided to
217219 municipalities by:
218220 (1) Chapter 380, Local Government Code; and
219221 (2) Subchapter A, Chapter 1509, Government Code.
220222 Sec. 3948.109. PARKING FACILITIES. (a) The district may
221223 acquire, lease as lessor or lessee, construct, develop, own,
222224 operate, and maintain parking facilities or a system of parking
223225 facilities, including lots, garages, parking terminals, or other
224226 structures or accommodations for parking motor vehicles off the
225227 streets and related appurtenances.
226228 (b) The district's parking facilities serve the public
227229 purposes of the district and are owned, used, and held for a public
228230 purpose even if leased or operated by a private entity for a term of
229231 years.
230232 (c) The district's parking facilities are parts of and
231233 necessary components of a street and are considered to be a street
232234 or road improvement.
233235 (d) The development and operation of the district's parking
234236 facilities may be considered an economic development program.
235237 Sec. 3948.110. ROAD DISTRICT POWERS. The district has the
236238 powers provided by the general laws relating to road districts and
237239 road utility districts created under Section 52(b), Article III,
238240 Texas Constitution, including Chapters 257 and 441, Transportation
239241 Code.
240242 Sec. 3948.111. ROAD STANDARDS AND REQUIREMENTS. (a) A
241243 road project must meet all applicable construction standards,
242244 zoning and subdivision requirements, and regulations of each
243245 municipality in whose corporate limits or extraterritorial
244246 jurisdiction the road project is located.
245247 (b) If a road project is not located in the corporate limits
246248 or extraterritorial jurisdiction of a municipality, the road
247249 project must meet all applicable construction standards,
248250 subdivision requirements, and regulations of each county in which
249251 the road project is located.
250252 (c) If the state will maintain and operate the road, the
251253 Texas Transportation Commission must approve the plans and
252254 specifications of the road project.
253255 Sec. 3948.112. NO TOLL ROADS. The district may not
254256 construct, acquire, maintain, or operate a toll road.
255257 Sec. 3948.113. NAVIGATION DISTRICT POWERS. (a) The
256258 district has the powers provided by the general law of this state
257259 applicable to navigation districts created under Section 59,
258260 Article XVI, Texas Constitution, including Chapters 60 and 62,
259261 Water Code.
260262 (b) The district may purchase, construct, acquire, own,
261263 operate, maintain, improve, or extend, inside and outside the
262264 district, a canal, waterway, bulkhead, dock, or other improvement
263265 or facility necessary or convenient to accomplish the navigation
264266 purposes of the district.
265267 Sec. 3948.114. RAIL FACILITIES. The district may
266268 construct, acquire, improve, maintain, and operate rail facilities
267269 and improvements in aid of those facilities.
268270 Sec. 3948.115. RURAL PUBLIC TRANSPORTATION POWERS.
269271 (a) The district may provide and coordinate rural public
270272 transportation in its territory in the manner provided by Sections
271273 458.010 and 458.011, Transportation Code, for a rural transit
272274 district.
273275 (b) Section 458.012(a), Transportation Code, does not apply
274276 to the operations of the district under Subsection (a).
275277 Sec. 3948.116. ANNEXATION OR EXCLUSION OF LAND. (a) The
276278 district may annex land as provided by Subchapter J, Chapter 49,
277279 Water Code.
278280 (b) The district may exclude land as provided by Subchapter
279281 J, Chapter 49, Water Code. Section 375.044(b), Local Government
280282 Code, does not apply to the district.
281283 Sec. 3948.117. NO EMINENT DOMAIN POWER. The district may
282284 not exercise the power of eminent domain.
283285 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
284286 Sec. 3948.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
285287 board by resolution shall establish the number of directors'
286288 signatures and the procedure required for a disbursement or
287289 transfer of district money.
288290 Sec. 3948.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
289291 The district may acquire, construct, finance, operate, or maintain
290292 any improvement or service authorized under this chapter or Chapter
291293 375, Local Government Code, using any money available to the
292294 district.
293295 Sec. 3948.153. PETITION REQUIRED FOR FINANCING SERVICES AND
294296 IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
295297 service or improvement project with assessments under this chapter
296298 unless a written petition requesting that service or improvement
297299 has been filed with the board.
298300 (b) A petition filed under Subsection (a) must be signed by
299301 the owners of a majority of the assessed value of real property in
300302 the district subject to assessment according to the most recent
301303 certified tax appraisal roll for the county.
302304 Sec. 3948.154. ASSESSMENTS; LIENS FOR ASSESSMENTS.
303305 (a) The board by resolution may impose and collect an assessment
304306 for any purpose authorized by this chapter in all or any part of the
305307 district.
306308 (b) An assessment, a reassessment, or an assessment
307309 resulting from an addition to or correction of the assessment roll
308310 by the district, penalties and interest on an assessment or
309311 reassessment, an expense of collection, and reasonable attorney's
310312 fees incurred by the district:
311313 (1) are a first and prior lien against the property
312314 assessed;
313315 (2) are superior to any other lien or claim other than
314316 a lien or claim for county, school district, or municipal ad valorem
315317 taxes; and
316318 (3) are the personal liability of and a charge against
317319 the owners of the property even if the owners are not named in the
318320 assessment proceedings.
319321 (c) The lien is effective from the date of the board's
320322 resolution imposing the assessment until the date the assessment is
321323 paid. The board may enforce the lien in the same manner that the
322324 board may enforce an ad valorem tax lien against real property.
323325 (d) The board may make a correction to or deletion from the
324326 assessment roll that does not increase the amount of assessment of
325327 any parcel of land without providing notice and holding a hearing in
326328 the manner required for additional assessments.
327329 Sec. 3948.155. RESIDENTIAL PROPERTY NOT EXEMPT. Section
328330 375.161, Local Government Code, does not apply to a tax authorized
329331 or approved by the voters of the district or a required payment for
330332 a service provided by the district, including water and sewer
331333 services.
332334 Sec. 3948.156. COMPETITIVE BIDDING. Subchapter I, Chapter
333335 49, Water Code, applies to the district. Sections 375.221 and
334336 375.223, Local Government Code, do not apply to the district.
335337 Sec. 3948.157. TAX AND ASSESSMENT ABATEMENTS. The district
336338 may designate reinvestment zones and may grant abatements of
337339 district taxes or assessments on property in the zones.
338340 SUBCHAPTER E. TAXES AND BONDS
339341 Sec. 3948.201. ELECTIONS REGARDING TAXES AND BONDS.
340342 (a) The district may issue, without an election, bonds, notes, and
341343 other obligations secured by:
342344 (1) revenue other than ad valorem taxes; or
343345 (2) contract payments described by Section 3948.203.
344346 (b) The district must hold an election in the manner
345347 provided by Subchapter L, Chapter 375, Local Government Code, to
346348 obtain voter approval before the district may impose an ad valorem
347349 tax or issue bonds payable from ad valorem taxes.
348350 (c) Section 375.243, Local Government Code, does not apply
349351 to the district.
350352 (d) All or any part of any facilities or improvements that
351353 may be acquired by a district by the issuance of its bonds may be
352354 submitted as a single proposition or as several propositions to be
353355 voted on at the election.
354356 Sec. 3948.202. OPERATION AND MAINTENANCE TAX. (a) If
355357 authorized by a majority of the district voters voting at an
356358 election held in accordance with Section 3948.201, the district may
357359 impose an operation and maintenance tax on taxable property in the
358360 district in accordance with Section 49.107, Water Code, for any
359361 district purpose, including to:
360362 (1) maintain and operate the district;
361363 (2) construct or acquire improvements; or
362364 (3) provide a service.
363365 (b) The board shall determine the tax rate. The rate may not
364366 exceed the rate approved at the election.
365367 (c) Section 49.107(h), Water Code, does not apply to the
366368 district.
367369 Sec. 3948.203. CONTRACT TAXES. (a) In accordance with
368370 Section 49.108, Water Code, the district may impose a tax other than
369371 an operation and maintenance tax and use the revenue derived from
370372 the tax to make payments under a contract after the provisions of
371373 the contract have been approved by a majority of the district voters
372374 voting at an election held for that purpose.
373375 (b) A contract approved by the district voters may contain a
374376 provision stating that the contract may be modified or amended by
375377 the board without further voter approval.
376378 Sec. 3948.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
377379 AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
378380 determined by the board. Section 375.205, Local Government Code,
379381 does not apply to a loan, line of credit, or other borrowing from a
380382 bank or financial institution secured by revenue other than ad
381383 valorem taxes.
382384 (b) The district may issue bonds, notes, or other
383385 obligations payable wholly or partly from ad valorem taxes,
384386 assessments, impact fees, revenue, contract payments, grants, or
385387 other district money, or any combination of those sources of money,
386388 to pay for any authorized district purpose.
387389 Sec. 3948.205. TAXES FOR BONDS. At the time the district
388390 issues bonds payable wholly or partly from ad valorem taxes, the
389391 board shall provide for the annual imposition of a continuing
390392 direct annual ad valorem tax, without limit as to rate or amount,
391393 for each year that all or part of the bonds are outstanding as
392394 required and in the manner provided by Sections 54.601 and 54.602,
393395 Water Code.
394396 Sec. 3948.206. BONDS FOR ROAD PROJECTS. At the time of
395397 issuance, the total principal amount of bonds or other obligations
396398 issued or incurred to finance road projects and payable from ad
397399 valorem taxes may not exceed one-fourth of the assessed value of the
398400 real property in the district.
399401 SUBCHAPTER F. DEFINED AREAS
400402 Sec. 3948.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR
401403 DESIGNATED PROPERTY. The district may define areas or designate
402404 certain property of the district to pay for improvements,
403405 facilities, or services that primarily benefit that area or
404406 property and do not generally and directly benefit the district as a
405407 whole.
406408 Sec. 3948.252. PROCEDURE FOR ELECTION. (a) Before the
407409 district may impose an ad valorem tax or issue bonds payable from ad
408410 valorem taxes of the defined area or designated property, the board
409411 shall hold an election in the defined area or in the designated
410412 property only.
411413 (b) The board may submit the issues to the voters on the same
412414 ballot to be used in another election.
413415 Sec. 3948.253. DECLARING RESULT AND ISSUING ORDER. (a) If
414416 a majority of the voters voting at the election approve the
415417 proposition or propositions, the board shall declare the results
416418 and, by order, shall establish the defined area and describe it by
417419 metes and bounds or designate the specific property.
418420 (b) A court may not review the board's order except on the
419421 ground of fraud, palpable error, or arbitrary and confiscatory
420422 abuse of discretion.
421423 Sec. 3948.254. TAXES FOR SERVICES, IMPROVEMENTS, AND
422424 FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
423425 approval and adoption of the order described by Section 3948.253,
424426 the district may apply separately, differently, equitably, and
425427 specifically its taxing power and lien authority to the defined
426428 area or designated property to provide money to construct,
427429 administer, maintain, and operate services, improvements, and
428430 facilities that primarily benefit the defined area or designated
429431 property.
430432 Sec. 3948.255. ISSUANCE OF BONDS FOR DEFINED AREA OR
431433 DESIGNATED PROPERTY. After the order under Section 3948.253 is
432434 adopted, the district may issue bonds to provide for any land,
433435 improvements, facilities, plants, equipment, and appliances for
434436 the defined area or designated property.
435437 SECTION 2. The River Ranch Improvement District of Liberty
436438 County initially includes all territory contained in the following
437439 area:
438440 TRACT ONE
439441 Being 6980.02 acres of land situated in the William Bloodgood
440442 Survey, Abstract 3, the William D. Smith Survey, Abstract 106, the
441443 H. E. & W. RR. Number 1131 Survey, Abstract 515, the William E.
442444 Kierstead Survey, Abstract 693, the George Pace Survey, Abstract
443445 805, the Louis Davis Survey, Abstract 18, the A. P. Blackwell
444446 Survey, Abstract 782, the Robert Wiseman Survey, Abstract 392, and
445447 the T. & N. O. RR. Survey, Abstract 383, in Liberty County, Texas,
446448 and being the residue of that called 7449.781 acres of land as
447449 recorded in Liberty County Clerk's File Number 2009008952 and being
448450 more particularly described by metes and bounds as follows;
449451 BEGINNING, at a found five eighths inch iron rod, marking the most
450452 northwesterly corner of said called 7450.588 acre tract, the
451453 southwesterly corner of a called 17.56 acre tract as recorded in
452454 Liberty County Clerk's File Number 2006012623 and in the east line
453455 of State Highway 146 (width varies). Said BEGINNING point having a
454456 Texas State Plane Coordinate System, Central Zone (4203) Value of
455457 Y= 9,997,553.25 and X= 4,013,812.92 (GRID);
456458 1. THENCE, North 58 degrees 04 minutes 55 seconds East, along the
457459 most northerly line of said called 7450.588 acre tract and the south
458460 line of said called 17.56 acre tract, for a distance of 2,611.49
459461 feet (called 2,601.00 feet), to a found one half inch iron rod
460462 (disturbed) for an angle point;
461463 2. THENCE, North 87 degrees 23 minutes 42 seconds East, continuing
462464 along the northerly line of said called 7450.588 acre tract and the
463465 south line of said called 17.56 acre tract, for a distance of 74.68
464466 feet (called 74.54 feet) to a found one half inch iron rod
465467 (disturbed) for an interior corner;
466468 3. THENCE, North 02 degrees 41 minutes 57 seconds West, along an
467469 interior corner of said called 7450.588 acre tract, for a distance
468470 of 139.09 feet (called 138.89 feet), to a found one half inch iron
469471 rod, marking an exterior corner of said called 7450.58 acre tract;
470472 4. THENCE, North 87 degrees 27 minutes 21 seconds East, along an
471473 exterior line of said called 7450.588 acre tract, a distance of
472474 1038.04 feet to a found two inch iron pipe (disturbed);
473475 5. THENCE, North 87 degrees 20 minutes 53 seconds East continuing
474476 along an exterior line of said called 7450.588 acre tract a distance
475477 of 6578.98 feet to a found two inch iron pipe;
476478 6. THENCE, South 02 degrees 39 minutes 21 seconds East continuing
477479 along an exterior line of said called 7450.588 acre tract a distance
478480 of 139.61 feet to a found two inch iron pipe;
479481 7. THENCE, North 87 degrees 16 minutes 21 seconds East continuing
480482 along an exterior line of said called 7450.588 acre tract a distance
481483 of 7238.81 feet to a found two inch iron pipe in the westerly
482484 right-of-way line of Liberty County Road Number 455;
483485 8. THENCE, South 15 degrees 26 minutes 45 seconds East along said
484486 westerly right-of-way line of Liberty County Road Number 455, a
485487 distance of 1458.52 feet to a found two inch iron pipe;
486488 9. THENCE, North 86 degrees 22 minutes 33 seconds East a distance
487489 of 61.66 feet to a found one half inch iron rod with cap 'BHA'
488490 marking the north west corner of a called 2.67 acres as recorded in
489491 Liberty County Clerks (LCCFN) 2012007988;
490492 10. THENCE, South 15 degrees 08 minutes 32 seconds East along the
491493 west line of said called 2.67 acres, a distance of 770.50 feet to an
492494 angle point;
493495 11. THENCE, South 00 degrees 46 minutes 36 seconds West a distance
494496 of 349.09 feet to a found one and one half inch iron pipe marking the
495497 northeast corner of a called 4.113 acres LCCFN 20108323;
496498 12. THENCE, North 89 degrees 38 minutes 50 seconds West along the
497499 northerly line of said a called 4.113 acres, a distance of 631.10
498500 feet to a found one half inch iron rod with cap '5068';
499501 13. THENCE, South 03 degrees 14 minutes 43 seconds East along the
500502 westerly line of said a called 4.113 acres, a distance of 238.21
501503 feet to a found one and one half inch iron pipe;
502504 14. THENCE, South 77 degrees 57 minutes 13 seconds East along the
503505 southerly line of said a called 4.113 acres a distance of 100.90
504506 feet to the northerly line of called Possible Conflict Area in LCCFN
505507 20078486;
506508 15. THENCE, South 87 degrees 10 minutes 33 seconds West along the
507509 northerly line of called Possible Conflict Area, a distance of
508510 1866.59 feet to a found one and one half inch iron pipe (destroyed);
509511 16. THENCE, South 03 degrees 22 minutes 15 seconds East along the
510512 westerly line of called Possible Conflict Area, a distance of
511513 103.25 feet to a 'Boat Spike in Concrete' marking the fenced
512514 northerly of Hilton tract as recorded at LCCFN 20078486;
513515 17. THENCE, South 02 degrees 53 minutes 32 seconds East along the
514516 said Hilton tract, a distance of 3361.75 feet to a found one and one
515517 half inch rod being in the north line of 1454.19 acre tract
516518 described in Volume 1307, Page 88 of the Deed Records of Liberty
517519 County (DRLC);
518520 18. THENCE, South 87 degrees 17 minutes 29 seconds West along the
519521 north line of said 1454.19 acre tract a distance of 463.43 feet to a
520522 found one and one half inch rod;
521523 19. THENCE, South 03 degrees 53 minutes 48 seconds East along the
522524 west line of said 1454.19 acre tract, and the west line of that
523525 certain called 473.221 acre tract described in Volume 1933, Page
524526 384 DRLC, a distance of 11,157.52 feet to found two inch iron pipe
525527 marking the southwest corner of said 473.221 acre tract;
526528 20. THENCE, North 85 degrees 18 minutes 55 seconds East along the
527529 south line of said 473.221 acre tract, a distance of 1570.06 feet to
528530 found two and one half inch iron pipe;
529531 21. THENCE, North 85 degrees 03 minutes 56 seconds East continuing
530532 along said south line of said 473.221 acre tract, a distance of
531533 1730.86 feet to a found five eighths inch iron rod in northwesterly
532534 right-of-way line of the Coastal Industrial Water Authority Canal;
533535 THENCE along and with said Coastal Industrial Water Authority Canal
534536 right-of-way, the following six (6) courses:
535537 1) THENCE, along a curve to the right 232.37 feet along, said curve
536538 having a radius of 727.99 feet said curve having a chord direction
537539 of South 33 degrees 18 minutes 41 seconds West and a chord length of
538540 231.39 feet;
539541 2) THENCE, South 43 degrees 33 minutes 12 seconds West a distance
540542 of 879.97 feet to a found five eighths inch iron rod;
541543 3) THENCE, South 43 degrees 21 minutes 29 seconds West a distance
542544 of 717.51 feet to a found five eighths inch iron rod;
543545 4) THENCE, South 42 degrees 46 minutes 40 seconds West a distance
544546 of 6748.15 feet to a found five eighths inch iron rod;
545547 5) THENCE, South 68 degrees 32 minutes 55 seconds West a distance
546548 of 388.20 feet to a found five eighths inch iron rod;
547549 6) THENCE, South 01 degrees 29 minutes 02 seconds East a distance
548550 of 117.76 feet to the centerline of Old River;
549551 THENCE along and with said centerline of Old River, same being said
550552 Wiseman Survey westerly line and said Welch Survey easterly line,
551553 the following sixty-five (65) courses:
552554 1) THENCE, South 58 degrees 09 minutes 08 seconds West a distance
553555 of 15.75 feet to an angle point;
554556 2) THENCE, North 64 degrees 44 minutes 18 seconds West a distance
555557 of 91.26 feet to an angle point;
556558 3) THENCE, North 32 degrees 00 minutes 26 seconds West a distance
557559 of 136.24 feet to an angle point;
558560 4) THENCE, South 66 degrees 19 minutes 52 seconds West a distance
559561 of 64.65 feet to an angle point;
560562 5) THENCE, North 43 degrees 26 minutes 23 seconds West a distance
561563 of 46.30 feet to an angle point;
562564 6) THENCE, North 29 degrees 49 minutes 53 seconds West a distance
563565 of 59.08 feet to an angle point;
564566 7) THENCE, North 06 degrees 18 minutes 15 seconds East a distance
565567 of 37.01 feet to an angle point;
566568 8) THENCE, North 23 degrees 39 minutes 11 seconds East a distance
567569 of 52.62 feet to an angle point;
568570 9) THENCE, North 31 degrees 33 minutes 27 seconds East a distance
569571 of 77.59 feet to an angle point;
570572 10) THENCE, North 13 degrees 09 minutes 50 seconds East a distance
571573 of 87.73 feet to an angle point;
572574 11) THENCE, North 20 degrees 07 minutes 22 seconds West a distance
573575 of 11.17 feet to an angle point;
574576 12) THENCE, North 59 degrees 01 minutes 35 seconds West a distance
575577 of 62.45 feet to an angle point;
576578 13) THENCE, North 46 degrees 03 minutes 11 seconds West a distance
577579 of 30.31 feet to an angle point;
578580 14) THENCE, North 14 degrees 26 minutes 18 seconds East a distance
579581 of 104.09 feet to an angle point;
580582 15) THENCE, North 27 degrees 55 minutes 38 seconds West a distance
581583 of 38.19 feet to an angle point;
582584 16) THENCE, North 36 degrees 17 minutes 37 seconds West a distance
583585 of 60.70 feet to an angle point;
584586 17) THENCE, North 35 degrees 26 minutes 18 seconds East a distance
585587 of 23.80 feet to an angle point;
586588 18) THENCE, North 69 degrees 01 minutes 02 seconds East a distance
587589 of 165.04 feet to an angle point;
588590 19) THENCE, North 43 degrees 19 minutes 31 seconds East a distance
589591 of 21.99 feet to an angle point;
590592 20) THENCE, North 16 degrees 10 minutes 24 seconds East a distance
591593 of 46.70 feet to an angle point;
592594 21) THENCE, North 17 degrees 01 minutes 36 seconds West a distance
593595 of 86.60 feet to an angle point;
594596 22) THENCE, North 08 degrees 32 minutes 02 seconds West a distance
595597 of 87.59 feet to an angle point;
596598 23) THENCE, North 10 degrees 49 minutes 06 seconds East a distance
597599 of 19.61 feet to an angle point;
598600 24) THENCE, North 69 degrees 03 minutes 33 seconds East a distance
599601 of 16.49 feet to an angle point;
600602 25) THENCE, South 63 degrees 21 minutes 41 seconds East a distance
601603 of 123.98 feet to an angle point;
602604 26) THENCE, North 84 degrees 00 minutes 08 seconds East a distance
603605 of 46.55 feet to an angle point;
604606 27) THENCE, North 25 degrees 09 minutes 01 seconds East a distance
605607 of 20.14 feet to an angle point;
606608 28) THENCE, North 15 degrees 23 minutes 39 seconds East a distance
607609 of 22.11 feet to an angle point;
608610 29) THENCE, North 66 degrees 13 minutes 45 seconds East a distance
609611 of 41.01 feet to an angle point;
610612 30) THENCE, North 84 degrees 10 minutes 10 seconds East a distance
611613 of 43.69 feet to an angle point;
612614 31) THENCE, South 68 degrees 10 minutes 57 seconds East a distance
613615 of 121.53 feet to an angle point;
614616 32) THENCE, North 84 degrees 58 minutes 51 seconds East a distance
615617 of 22.29 feet to an angle point;
616618 33) THENCE, North 63 degrees 25 minutes 30 seconds East a distance
617619 of 23.15 feet to an angle point;
618620 34) THENCE, North 07 degrees 58 minutes 23 seconds East a distance
619621 of 38.31 feet to an angle point;
620622 35) THENCE, North 02 degrees 03 minutes 41 seconds East a distance
621623 of 53.18 feet to an angle point;
622624 36) THENCE, North 32 degrees 30 minutes 05 seconds East a distance
623625 of 130.71 feet to an angle point;
624626 37) THENCE, North 47 degrees 36 minutes 35 seconds East a distance
625627 of 110.53 feet to an angle point;
626628 38) THENCE, North 04 degrees 43 minutes 59 seconds West a distance
627629 of 30.78 feet to an angle point;
628630 39) THENCE, North 33 degrees 31 minutes 55 seconds West a distance
629631 of 26.08 feet to an angle point;
630632 40) THENCE, North 39 degrees 08 minutes 01 seconds West a distance
631633 of 66.79 feet to an angle point;
632634 41) THENCE, North 22 degrees 19 minutes 44 seconds East a distance
633635 of 38.56 feet to an angle point;
634636 42) THENCE, North 54 degrees 43 minutes 58 seconds East a distance
635637 of 38.32 feet to an angle point;
636638 43) THENCE, South 65 degrees 09 minutes 17 seconds East a distance
637639 of 103.31 feet to an angle point;
638640 44) THENCE, North 28 degrees 04 minutes 20 seconds East a distance
639641 of 37.48 feet to an angle point;
640642 45) THENCE, North 08 degrees 48 minutes 54 seconds East a distance
641643 of 114.60 feet to an angle point;
642644 46) THENCE, North 21 degrees 43 minutes 04 seconds East a distance
643645 of 107.20 feet to an angle point;
644646 47) THENCE, North 55 degrees 52 minutes 47 seconds West a distance
645647 of 19.09 feet to an angle point;
646648 48) THENCE, North 80 degrees 47 minutes 51 seconds West a distance
647649 of 84.42 feet to an angle point;
648650 49) THENCE, South 70 degrees 45 minutes 49 seconds West a distance
649651 of 98.65 feet to an angle point;
650652 50) THENCE, North 08 degrees 27 minutes 34 seconds West a distance
651653 of 74.91 feet to an angle point;
652654 51) THENCE, North 42 degrees 34 minutes 37 seconds West a distance
653655 of 55.08 feet to an angle point;
654656 52) THENCE, North 03 degrees 20 minutes 32 seconds West a distance
655657 of 134.32 feet to an angle point;
656658 53) THENCE, North 10 degrees 41 minutes 17 seconds West a distance
657659 of 227.57 feet to an angle point;
658660 54) THENCE, North 60 degrees 20 minutes 56 seconds East a distance
659661 of 77.08 feet to an angle point;
660662 55) THENCE, North 44 degrees 11 minutes 48 seconds East a distance
661663 of 40.40 feet to an angle point;
662664 56) THENCE, North 26 degrees 03 minutes 04 seconds West a distance
663665 of 73.67 feet to an angle point;
664666 57) THENCE, North 24 degrees 08 minutes 47 seconds East a distance
665667 of 73.80 feet to an angle point;
666668 58) THENCE, North 36 degrees 57 minutes 07 seconds East a distance
667669 of 178.12 feet to an angle point;
668670 59) THENCE, North 16 degrees 05 minutes 57 seconds West a distance
669671 of 84.97 feet to an angle point;
670672 60) THENCE, North 01 degrees 11 minutes 32 seconds East a distance
671673 of 125.69 feet to an angle point;
672674 61) THENCE, North 83 degrees 06 minutes 00 seconds East a distance
673675 of 28.45 feet to an angle point;
674676 62) THENCE, North 04 degrees 15 minutes 12 seconds West a distance
675677 of 338.20 feet to an angle point;
676678 63) THENCE, North 16 degrees 11 minutes 51 seconds West a distance
677679 of 34.92 feet to an angle point;
678680 64) THENCE, North 73 degrees 51 minutes 47 seconds West a distance
679681 of 50.61 feet to an angle point;
680682 65) THENCE, South 87 degrees 32 minutes 41 seconds West a distance
681683 of 68.54 feet to the most southerly corner of that certain called
682684 22.50 acre tract described in Volume 1619, page 569 of the DRLC;
683685 22. THENCE, North 57 degrees 02 minutes 30 seconds East along and
684686 with the southeast line of said 22.50 acre tract, same being the
685687 northwest line of said 77.50 acre tract, a distance of 2451.67 feet
686688 to east corner of said 22.50 acre tract;
687689 23. THENCE, North 32 degrees 57 minutes 30 seconds West along and
688690 with said 22.50 acre tract, a distance of 419.64 feet to a found
689691 five eighths inch iron rod marking the north corner of said 22.50
690692 tract;
691693 24. THENCE, South 57 degrees 03 minutes 57 seconds West a distance
692694 of 5846.98 feet to a found five eighths inch iron rod with cap 'BHA
693695 INC' the southeast corner of a called 68.1917 acre tract recorded at
694696 LCCFN 2012016189;
695697 25. THENCE, North 07 degrees 59 minutes 42 seconds West along the
696698 east line of said called 68.1917 acre tract, a distance of 2943.33
697699 feet to the most northerly corner of said called 68.1917 acre tract;
698700 26. THENCE, South 19 degrees 28 minutes 28 seconds West along the
699701 westerly line of said called 68.1917 acre tract, 4375.56 feet to a
700702 found five eighths inch iron rod with cap 'BHA INC' the original
701703 southerly line of said called 7449.781 acre tract;
702704 27. THENCE, South 57 degrees 03 minutes 46 seconds West along said
703705 original southerly line of said called 7449.781 acre tract a
704706 distance of 751.74 feet to a found five eighths inch iron rod with
705707 cap 'BHA INC' the southeast corner of a called 326.1099 acre tract
706708 recorded at LCCFN 2012016189;
707709 28. THENCE, North 19 degrees 32 minutes 27 seconds East along the
708710 easterly line of said called 326.1099 acre tract, a distance of
709711 5769.72 feet to a found five eighths inch iron rod with cap 'BHA INC'
710712 the most northeasterly corner of said called 326.1099 acre tract;
711713 29. THENCE, South 56 degrees 18 minutes 04 seconds West along the
712714 northerly line of said called 326.1099 acre tract, a distance of
713715 620.59 feet to a found five eighths inch iron rod with cap 'BHA INC';
714716 30. THENCE, South 57 degrees 47 minutes 30 seconds West continuing
715717 along the northerly line of said called 326.1099 acre tract, a
716718 distance of 877.17 feet to a found five eighths inch iron rod with
717719 cap 'BHA INC';
718720 31. THENCE, South 58 degrees 39 minutes 47 seconds West continuing
719721 along the northerly line of said called 326.1099 acre tract, a
720722 distance of 161.98 feet to a found five eighths inch iron rod with
721723 cap 'BHA INC';
722724 32. THENCE, South 68 degrees 31 minutes 35 seconds West continuing
723725 along the northerly line of said called 326.1099 acre tract, a
724726 distance of 151.08 feet to a found five eighths inch iron rod with
725727 cap 'BHA INC';
726728 33. THENCE, South 59 degrees 23 minutes 14 seconds West continuing
727729 along the northerly line of said called 326.1099 acre tract, a
728730 distance of 156.34 feet to a found five eighths inch iron rod with
729731 cap 'BHA INC';
730732 34. THENCE, South 56 degrees 31 minutes 46 seconds West continuing
731733 along the northerly line of said called 326.1099 acre tract, a
732734 distance of 661.76 feet to a found five eighths inch iron rod with
733735 cap 'BHA INC';
734736 35. THENCE, South 57 degrees 20 minutes 26 seconds West continuing
735737 along the northerly line of said called 326.1099 acre tract, a
736738 distance of 811.33 feet to a found five eighths inch iron rod with
737739 cap 'BHA INC';
738740 36. THENCE, South 57 degrees 06 minutes 17 seconds West continuing
739741 along the northerly line of said called 326.1099 acre tract, a
740742 distance of 1865.29 feet to a found five eighths inch iron rod with
741743 cap 'BHA INC' the most westerly northwest corner of said called
742744 326.1099 acre tract;
743745 37. THENCE, South 56 degrees 57 minutes 24 seconds West a distance
744746 of 1137.99 feet a found one half inch iron rod for the most westerly
745747 northwest corner of said called 326.1099 acre tract;
746748 38. THENCE, South 33 degrees 26 minutes 26 seconds East a distance
747749 of 448.39 feet to a found five eighths inch iron rod with cap 'BHA
748750 INC';
749751 39. THENCE, South 56 degrees 53 minutes 12 seconds West a distance
750752 of 1150.30 feet to a found five eighths inch iron rod with cap 'BHA
751753 INC' in east right-of-way line of State Highway Number 146;
752754 THENCE, along and with said east right-of-way line of State Highway
753755 Number 146, the following nine (9) courses:
754756 1) THENCE, North 11 degrees 11 minutes 04 seconds West a distance
755757 of 10062.63 feet to a TXDoT type ll monument for the point of
756758 curvature of a curve to the right;
757759 2) THENCE, an arc distance of 1298.55 feet along a curve to the
758760 right, said curve having a radius of 22803.27 feet and a chord
759761 direction and distance of North 09 degrees 32 minutes 08 seconds
760762 West 1298.37 feet to a TXDoT type ll monument (disturbed);
761763 3) THENCE, North 07 degrees 55 minutes 26 seconds West a distance
762764 of 2291.62 feet to a TXDoT type ll monument for the point of
763765 curvature of a curve to the left;
764766 4) THENCE, an arc distance of along a curve to the left 537.71 feet
765767 along a curve to the left, said curve having a radius of 10845.00
766768 feet said and a chord direction and distance of North 09 degrees 30
767769 minutes 54 seconds West 537.66 feet;
768770 5) THENCE, North 08 degrees 17 minutes 04 seconds West a distance
769771 of 284.82 feet to a TXDoT type ll monument for the point of
770772 curvature of a curve to the left;
771773 6) THENCE, an arc distance of along a curve to the left 119.30 feet
772774 along a curve to the left, said curve having a radius of 4399.00
773775 feet said and a chord direction and distance of North 09 degrees 56
774776 minutes 28 seconds West and a chord length of 119.29 feet to a TXDoT
775777 type ll monument;
776778 7) THENCE, North 10 degrees 04 minutes 16 seconds West a distance
777779 of 376.86 feet to an angle point to a TXDoT type ll monument;
778780 8) THENCE, South 82 degrees 05 minutes 03 seconds West a distance
779781 of 18.68 feet to an angle point;
780782 9) THENCE, North 07 degrees 54 minutes 46 seconds West, a distance
781783 of 5746.34 feet to a set five eighths inch iron rod with cap stamped
782784 "CCI", being the beginning of a curve to the right;
783785 10) THENCE, an arc distance of 361.93 feet along said curve to the
784786 right, said curve having a radius of 7630.00 feet and a chord
785787 direction and distance of North 06 degrees 33 minutes 13 seconds
786788 West 361.90 feet, to the POINT OF BEGINNING;
787789 Bearings shown hereon are based on the Texas State Plane Coordinate
788790 System, South Central Zone 4204, NAD 83.
789791 SECTION 3. (a) The legal notice of the intention to
790792 introduce this Act, setting forth the general substance of this
791793 Act, has been published as provided by law, and the notice and a
792794 copy of this Act have been furnished to all persons, agencies,
793795 officials, or entities to which they are required to be furnished
794796 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
795797 Government Code.
796798 (b) The governor, one of the required recipients, has
797799 submitted the notice and Act to the Texas Commission on
798800 Environmental Quality.
799801 (c) The Texas Commission on Environmental Quality has filed
800802 its recommendations relating to this Act with the governor,
801803 lieutenant governor, and speaker of the house of representatives
802804 within the required time.
803805 (d) The general law relating to consent by political
804806 subdivisions to the creation of districts with conservation,
805807 reclamation, and road powers and the inclusion of land in those
806808 districts has been complied with.
807809 (e) All requirements of the constitution and laws of this
808810 state and the rules and procedures of the legislature with respect
809811 to the notice, introduction, and passage of this Act have been
810812 fulfilled and accomplished.
811813 SECTION 4. This Act takes effect immediately if it receives
812814 a vote of two-thirds of all the members elected to each house, as
813815 provided by Section 39, Article III, Texas Constitution. If this
814816 Act does not receive the vote necessary for immediate effect, this
815817 Act takes effect September 1, 2017.
816- ______________________________ ______________________________
817- President of the Senate Speaker of the House
818- I hereby certify that S.B. No. 320 passed the Senate on
819- May 11, 2017, by the following vote: Yeas 31, Nays 0.
820- ______________________________
821- Secretary of the Senate
822- I hereby certify that S.B. No. 320 passed the House on
823- May 19, 2017, by the following vote: Yeas 137, Nays 7, two
824- present not voting.
825- ______________________________
826- Chief Clerk of the House
827- Approved:
828- ______________________________
829- Date
830- ______________________________
831- Governor
832818
833819 Pos. No. Name of Director
834820
835821 1. Wayne Knox
836822
837823 2. Mary H. Cody
838824
839825 3. Gene Campbell
840826
841827 4. Bill Gammel
842828
843829 5. Christopher Brant Elliott