Texas 2019 - 86th Regular

Texas House Bill HB2077 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2077
	1	+	By: Metcalf (Senate Sponsor - Creighton) H.B. No. 2077
	2	+	(In the Senate - Received from the House May 8, 2019;
	3	+	May 10, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 17, 2019, reported favorably by
	5	+	the following vote: Yeas 7, Nays 0; May 17, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the creation of the City of Conroe Municipal Management
6	12		District No. 3; providing authority to issue bonds and impose
7	13		assessments, fees, and taxes.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Subtitle C, Title 4, Special District Local Laws
10	16		Code, is amended by adding Chapter 3964 to read as follows:
11	17		CHAPTER 3964. CITY OF CONROE MUNICIPAL MANAGEMENT DISTRICT NO. 3
12	18		SUBCHAPTER A. GENERAL PROVISIONS
13	19		Sec. 3964.0101. DEFINITIONS. In this chapter:
14	20		(1) "Board" means the district's board of directors.
15	21		(2) "City" means the City of Conroe, Texas.
16	22		(3) "Commission" means the Texas Commission on
17	23		Environmental Quality.
18	24		(4) "Director" means a board member.
19	25		(5) "District" means the City of Conroe Municipal
20	26		Management District No. 3.
21	27		Sec. 3964.0102. CREATION AND NATURE OF DISTRICT. The
22	28		district is a special district created under Sections 52 and 52-a,
23	29		Article III, and Section 59, Article XVI, Texas Constitution.
24	30		Sec. 3964.0103. PURPOSE; LEGISLATIVE FINDINGS. (a) The
25	31		creation of the district is essential to accomplish the purposes of
26	32		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
27	33		Texas Constitution, and other public purposes stated in this
28	34		chapter. By creating the district and in authorizing the city and
29	35		other political subdivisions to contract with the district, the
30	36		legislature has established a program to accomplish the public
31	37		purposes set out in Section 52-a, Article III, Texas Constitution.
32	38		(b) The creation of the district is necessary to promote,
33	39		develop, encourage, and maintain employment, commerce,
34	40		transportation, housing, tourism, recreation, the arts,
35	41		entertainment, economic development, safety, and the public
36	42		welfare in the district.
37	43		(c) This chapter and the creation of the district may not be
38	44		interpreted to relieve the city from providing the level of
39	45		services provided to the area in the district as of the effective
40	46		date of the Act enacting this chapter. The district is created to
41	47		supplement and not to supplant the city services provided in the
42	48		district.
43	49		Sec. 3964.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
44	50		(a) The district is created to serve a public use and benefit.
45	51		(b) All land and other property included in the district
46	52		will benefit from the improvements and services to be provided by
47	53		the district under powers conferred by Sections 52 and 52-a,
48	54		Article III, and Section 59, Article XVI, Texas Constitution, and
49	55		other powers granted under this chapter.
50	56		(c) The district is created to accomplish the purposes of a
51	57		municipal management district as provided by general law and
52	58		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
53	59		Texas Constitution.
54	60		(d) The creation of the district is in the public interest
55	61		and is essential to:
56	62		(1) further the public purposes of developing and
57	63		diversifying the economy of the state;
58	64		(2) eliminate unemployment and underemployment;
59	65		(3) develop or expand transportation and commerce; and
60	66		(4) provide quality residential housing.
61	67		(e) The district will:
62	68		(1) promote the health, safety, and general welfare of
63	69		residents, employers, potential employees, employees, visitors,
64	70		and consumers in the district, and of the public;
65	71		(2) provide needed funding for the district to
66	72		preserve, maintain, and enhance the economic health and vitality of
67	73		the district territory as a community and business center;
68	74		(3) promote the health, safety, welfare, and enjoyment
69	75		of the public by providing pedestrian ways and by landscaping and
70	76		developing certain areas in the district, which are necessary for
71	77		the restoration, preservation, and enhancement of scenic beauty;
72	78		and
73	79		(4) provide for water, wastewater, drainage, road, and
74	80		recreational facilities for the district.
75	81		(f) Pedestrian ways along or across a street, whether at
76	82		grade or above or below the surface, and street lighting, street
77	83		landscaping, parking, and street art objects are parts of and
78	84		necessary components of a street and are considered to be a street
79	85		or road improvement.
80	86		(g) The district will not act as the agent or
81	87		instrumentality of any private interest even though the district
82	88		will benefit many private interests as well as the public.
83	89		Sec. 3964.0105. DISTRICT TERRITORY. (a) The district is
84	90		composed of the territory described by Section 2 of the Act enacting
85	91		this chapter, as that territory may have been modified under other
86	92		law.
87	93		(b) The boundaries and field notes contained in Section 2 of
88	94		the Act enacting this chapter form a closure. A mistake in the
89	95		field notes or in copying the field notes in the legislative process
90	96		does not affect the district's:
91	97		(1) organization, existence, or validity;
92	98		(2) right to contract;
93	99		(3) authority to borrow money or issue bonds or other
94	100		obligations or to pay the principal and interest of the bonds or
95	101		other obligations;
96	102		(4) right to impose or collect an assessment, or
97	103		collect other revenue; or
98	104		(5) legality or operation.
99	105		Sec. 3964.0106. APPLICABILITY OF MUNICIPAL MANAGEMENT
100	106		DISTRICTS LAW. Except as otherwise provided by this chapter,
101	107		Chapter 375, Local Government Code, applies to the district.
102	108		Sec. 3964.0107. CONSTRUCTION OF CHAPTER. This chapter
103	109		shall be liberally construed in conformity with the findings and
104	110		purposes stated in this chapter.
105	111		Sec. 3964.0108. CONFLICTS OF LAW. This chapter prevails
106	112		over any provision of Chapter 375, Local Government Code, that is in
107	113		conflict or inconsistent with this chapter.
108	114		Sec. 3964.0109. CONSENT OF MUNICIPALITY REQUIRED. The
109	115		board may not hold an election to authorize the issuance of bonds
110	116		until the governing body of the city by ordinance or resolution
111	117		consents to the creation of the district and to the inclusion of
112	118		land in the district. The city's consent must be granted in the
113	119		manner provided by Section 54.016, Water Code, for including land
114	120		within the corporate limits or extraterritorial jurisdiction of a
115	121		city.
116	122		SUBCHAPTER B. BOARD OF DIRECTORS
117	123		Sec. 3964.0201. GOVERNING BODY; TERMS. The district is
118	124		governed by a board of five directors appointed by the commission
119	125		who serve staggered terms of four years, with two or three
120	126		directors' terms expiring June 1 of each even-numbered year.
121	127		Sec. 3964.0202. APPOINTMENT BY COMMISSION. (a) Before the
122	128		term of a director expires, the board shall recommend to the
123	129		commission a person to serve as a successor director. The
124	130		commission shall appoint as director the person recommended by the
125	131		board.
126	132		(b) A person recommended by the board under Subsection (a)
127	133		must be:
128	134		(1) at least 18 years of age;
129	135		(2) an owner of property in the district;
130	136		(3) an owner of stock, whether beneficial or
131	137		otherwise, of a corporate owner of property in the district;
132	138		(4) an owner of a beneficial interest in a trust that
133	139		owns property in the district; or
134	140		(5) an agent, employee, or tenant of a person
135	141		described by Subdivision (2), (3), or (4).
136	142		Sec. 3964.0203. VACANCY. If a vacancy occurs on the board,
137	143		the remaining directors shall appoint a director for the remainder
138	144		of the unexpired term.
139	145		Sec. 3964.0204. COMPENSATION; EXPENSES. (a) The district
140	146		may compensate each director in an amount not to exceed $150 for
141	147		each board meeting. The total amount of compensation a director may
142	148		receive each year may not exceed $7,200.
143	149		(b) A director is entitled to reimbursement for necessary
144	150		and reasonable expenses incurred in carrying out the duties and
145	151		responsibilities of the board.
146	152		Sec. 3964.0205. INITIAL DIRECTORS. (a) On or after the
147	153		effective date of the Act enacting this chapter, the owner or owners
148	154		of a majority of the assessed value of the real property in the
149	155		district according to the most recent certified tax appraisal rolls
150	156		for the county may submit a petition to the commission requesting
151	157		that the commission appoint as initial directors five persons named
152	158		in the petition. The commission shall appoint as initial directors
153	159		the persons named in the petition.
154	160		(b) The initial directors shall determine by lot which three
155	161		positions expire June 1, 2022, and which two positions expire June
156	162		1, 2020.
157	163		(c) This section expires September 1, 2023.
158	164		SUBCHAPTER C. POWERS AND DUTIES
159	165		Sec. 3964.0301. GENERAL POWERS AND DUTIES. The district
160	166		has the powers and duties necessary to accomplish the purposes for
161	167		which the district is created.
162	168		Sec. 3964.0302. IMPROVEMENT PROJECTS AND SERVICES. The
163	169		district may provide, design, construct, acquire, improve,
164	170		relocate, operate, maintain, or finance an improvement project or
165	171		service using money available to the district for the purpose, or
166	172		contract with a governmental or private entity to provide, design,
167	173		construct, acquire, improve, relocate, operate, maintain, or
168	174		finance an improvement project or service authorized under this
169	175		chapter or Chapter 375, Local Government Code.
170	176		Sec. 3964.0303. LOCATION OF IMPROVEMENT PROJECT. A
171	177		district improvement project may be located inside or outside of
172	178		the district.
173	179		Sec. 3964.0304. NO EMINENT DOMAIN. The district may not
174	180		exercise the power of eminent domain.
175	181		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
176	182		Sec. 3964.0401. DISBURSEMENTS AND TRANSFERS OF MONEY. The
177	183		board by resolution shall establish the number of directors'
178	184		signatures and the procedure required for a disbursement or
179	185		transfer of the district's money.
180	186		Sec. 3964.0402. MONEY USED FOR IMPROVEMENTS OR SERVICES.
181	187		The district may acquire, construct, or finance an improvement
182	188		project or service authorized by this chapter or Chapter 375, Local
183	189		Government Code, using any money available to the district for that
184	190		purpose.
185	191		SUBCHAPTER E. TAXES AND BONDS
186	192		Sec. 3964.0501. OPERATION AND MAINTENANCE TAX. The
187	193		district may impose an operation and maintenance tax on taxable
188	194		property in the district for any district purpose in the manner
189	195		provided by Section 49.107, Water Code, if authorized by a majority
190	196		of the district voters voting at an election under that section,
191	197		including for:
192	198		(1) maintaining and operating the district;
193	199		(2) constructing or acquiring improvements; or
194	200		(3) providing a service.
195	201		Sec. 3964.0502. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
196	202		the time bonds or other obligations payable wholly or partly from ad
197	203		valorem taxes are issued:
198	204		(1) the board shall impose a continuing direct annual
199	205		ad valorem tax for each year that all or part of the bonds are
200	206		outstanding; and
201	207		(2) the board annually shall impose an ad valorem tax
202	208		on all taxable property in the district in an amount sufficient to:
203	209		(A) pay the interest on the bonds or other
204	210		obligations as the interest becomes due; and
205	211		(B) create a sinking fund for the payment of the
206	212		principal of the bonds or other obligations when due or the
207	213		redemption price at any earlier required redemption date.
208	214		SUBCHAPTER F. SPECIAL BOND PROVISIONS
209	215		Sec. 3964.0601. APPLICABILITY. This subchapter applies
210	216		only to bonds payable wholly or partly from revenue derived from
211	217		assessments on real property in the district.
212	218		Sec. 3964.0602. CONFLICT OF LAWS. In the event of a
213	219		conflict between this subchapter and any other law, this subchapter
214	220		prevails.
215	221		Sec. 3964.0603. WRITTEN AGREEMENT REGARDING SPECIAL
216	222		APPRAISALS. Before the district may issue bonds, the district and
217	223		any person to whom the board intends that proceeds of the bonds be
218	224		distributed, including the developer, another owner of land in the
219	225		district, and any entity acting as a lender to the developer or
220	226		other landowner for the purpose of a project relating to the
221	227		district, must enter into a written agreement that:
222	228		(1) waives for the term of the agreement the right to a
223	229		special appraisal with respect to taxation by the district under
224	230		Subchapters B, C, D, E, F, and H, Chapter 23, Tax Code; and
225	231		(2) remains in effect for 30 years and is binding on
226	232		the parties, on entities related to or affiliated with the parties,
227	233		and on their successors and assignees.
228	234		Sec. 3964.0604. REQUIREMENTS FOR ADVERTISING BOND ISSUE.
229	235		The district may not advertise for an issuance of bonds until the
230	236		completion of at least 25 percent of the projected value of the
231	237		improvements, including houses and other buildings, that are liable
232	238		for district assessments and necessary to support the district
233	239		bonds.
234	240		Sec. 3964.0605. REQUIREMENTS FOR BOND ISSUE. The district
235	241		may not issue bonds until:
236	242		(1) the district submits to the commission:
237	243		(A) an engineer's report describing the project
238	244		for which the bonds will provide funding, including data, profiles,
239	245		maps, plans, and specifications related to the project; and
240	246		(B) a cash flow analysis to determine the
241	247		projected rate of assessment, which includes the following
242	248		assumptions:
243	249		(i) each ending balance for debt service in
244	250		the analysis is not less than 25 percent of the following year's
245	251		debt service requirement;
246	252		(ii) interest income is only shown on the
247	253		ending balance for debt service for the first two years; and
248	254		(iii) the projected rate of assessment is
249	255		level or decreasing for the life of the bonds issued by the
250	256		district;
251	257		(2) the completion of at least 75 percent of the
252	258		projected value of the improvements, including houses and other
253	259		buildings, that are liable for district assessments and necessary
254	260		to support the district bonds; and
255	261		(3) the district has obtained an independent market
256	262		study from a firm recognized in the area of real estate market
257	263		analysis supporting the development projects for the real property
258	264		that is liable for district assessments and necessary to support
259	265		the district bonds.
260	266		Sec. 3964.0606. REQUIREMENTS FOR COLLECTION OF REVENUE TO
261	267		PAY BONDS. The district may not collect an assessment to be used
262	268		for the payment of bonds until:
263	269		(1) the completion of at least 95 percent of the
264	270		underground water, wastewater, and drainage facilities financed
265	271		from bond proceeds that are necessary to serve the projected
266	272		build-out, as certified by the district's engineer;
267	273		(2) the district or other appropriate party has
268	274		secured the groundwater, surface water, and water discharge permits
269	275		that are necessary to secure capacity to support the projected
270	276		build-out;
271	277		(3) the completion of at least 95 percent of lift
272	278		station, water plant, and sewage treatment plant capacity
273	279		sufficient to serve the connections constructed in the project for
274	280		a period of not less than 18 months, as certified by the district's
275	281		engineer; and
276	282		(4) the completion of at least 95 percent of the
277	283		streets and roads that are necessary to provide access to the areas
278	284		served by utilities and financed by the proceeds of bonds issued by
279	285		the district, as certified by the district's engineer and
280	286		constructed in accordance with municipal or county standards.
281	287		SECTION 2. The City of Conroe Municipal Management District
282	288		No. 3 initially includes all the territory contained in the
283	289		following area:
284	290		A METES & BOUNDS description of a certain 191.97 acre
285	291		(8,362,413 square feet) tract of land situated in the Mary Corner
286	292		Survey, Abstract No. 9, James Smith Survey, Abstract No. 37, and
287	293		the James W. Singleton Survey, Abstract No. 496 in Montgomery
288	294		County, Texas, being all of a called 49.840 acre tract conveyed to
289	295		Muse 128, L.P. by General Warranty Deed recorded in Clerk's File
290	296		No. 2018026027, Montgomery County Official Public Records of Real
291	297		Property, being all of a called 14.6529 acre tract conveyed to Muse
292	298		128, L.P. by General Warranty Deed recorded in Clerk's File
293	299		No. 2018040787, Montgomery County Official Public Records of Real
294	300		Property, and being all of a called 127.440 acre tract conveyed to
295	301		Muse 128, L.P. by General Warranty Deed recorded in Clerk's File
296	302		No. 2018011371, Montgomery County Official Public Records of Real
297	303		Property; said 191.97 acre (8,362,413 square feet) tract of land
298	304		being more particularly described as follows with all bearings
299	305		being based on the Texas Coordinate System, Central Zone, NAD 83:
300	306		BEGINNING at a point being the northwest corner of a called
301	307		26.732 acre tract conveyed to McClanahan Storage 105, Inc. by
302	308		General Warranty Deed recorded in Clerk's File No. 2014050308,
303	309		Montgomery County Official Public Records of Real Property, being
304	310		the northeast corner of said called 127.440 acre tract, being in the
305	311		south right-of-way of State Highway 105 (width varies), and being
306	312		the most northerly northeast corner of the herein described tract,
307	313		from which a 5/8-inch iron rod found bears South 81°46'43" East,
308	314		3.05 feet;
309	315		THENCE, South 04°06'28" East, 2,445.72 feet to a 5/8-inch iron
310	316		rod (with cap stamped "Manhard") set being the southwest corner of a
311	317		called 1.433 acre tract conveyed to McClanahan Development, LLC by
312	318		Warranty Deed recorded in Clerk's File No. 2017069964, Montgomery
313	319		County Official Public Records of Real Property, being in the east
314	320		line of said called 127.440 acre tract, and being an interior corner
315	321		of the herein described tract;
316	322		THENCE, North 86°29'21" East, 1,353.75 feet to a 5/8-inch iron
317	323		rod (with cap stamped "Manhard") set being the southeast corner of a
318	324		called Unrestricted Reserve "H" of Poplar Business Park Section 1
319	325		recorded in Cabinet Z, Sheet 2679, Montgomery County Map Records,
320	326		being the northeast corner of said called 14.6529 acre tract, being
321	327		in the west right-of-way of Old Highway 105 (based on a width of 60
322	328		feet), and being the most easterly northeast corner of the herein
323	329		described tract;
324	330		THENCE, South 04°00'56" East, 388.46 feet to a 3/8-inch iron
325	331		rod found being in the east line of said called 14.6529 acre tract,
326	332		being in the west right-of-way of said Old Highway 105, and being
327	333		the most easterly corner of the herein described tract;
328	334		THENCE, North 79°51'51" West, 16.98 feet to a 1-inch iron pipe
329	335		found being in the east line of said called 14.6529 acre tract,
330	336		being in the west right-of-way of said Old Highway 105, and being an
331	337		interior angle point of the herein described tract;
332	338		THENCE, South 03°57'24" East, 88.24 feet to a 1-inch iron pipe
333	339		found being the northeast corner of a called 4.9474 acre tract
334	340		conveyed to Susan Rose Korthauer by Warranty Deed recorded in
335	341		Clerk's File No. 2008056538, Montgomery County Official Public
336	342		Records of Real Property, being the southeast corner of said called
337	343		14.6529 acre tract, being in the west right-of-way of Northshore
338	344		Drive (based on a width of 60 feet), and being the most northerly
339	345		southeast corner of the herein described tract;
340	346		THENCE, South 86°29'21" West, 1,336.43 feet to a 1-inch iron
341	347		pipe found being in the north line of a called 1.500 acre tract
342	348		conveyed to Brittany Lee Brandt by General Warranty Deed with
343	349		Vendor's Lien in Favor of Third Party recorded in Clerk's File
344	350		No. 2011024870, Montgomery County Official Public Records of Real
345	351		Property, being the southwest corner of said called 14.6529 acre
346	352		tract, being the southeast corner of said called 127.440 acre
347	353		tract, and being an angle point of the herein described tract;
348	354		THENCE, South 86°27'31" West, 381.94 feet to a 5/8-inch iron
349	355		rod (with cap stamped "Manhard") set being the northwest corner of
350	356		said called 1.500 acre tract, being in the south line of said called
351	357		127.440 acre tract, being the northeast corner of said called
352	358		49.840 acre tract, and being an interior angle point of the herein
353	359		described tract;
354	360		THENCE, South 03°30'30" East, 1,667.47 feet to a 5/8-inch iron
355	361		rod (with cap stamped "Manhard") set being the southeast corner of
356	362		said called 49.840 acre tract, being in the northwest right-of-way
357	363		of said Northshore Drive, and being the most southerly southeast
358	364		corner of the herein described tract;
359	365		THENCE, South 86°29'30" West, 1,301.26 feet to a 5/8-inch iron
360	366		rod (with cap stamped "Manhard") set being in the north line of the
361	367		remainder of a called 47.596 acre tract conveyed to Jan Stuart
362	368		Oostermeyer and Dale Grove Oostermeyer by General Warranty Deed
363	369		with Vendor's Lien recorded in Volume 925, Page 587, Montgomery
364	370		County Deed Records, being the southwest corner of said called
365	371		49.840 acre tract, and being the most southerly southwest corner of
366	372		the herein described tract;
367	373		THENCE, North 03°41'39" West, 1,664.90 feet to a 5/8-inch iron
368	374		rod (with cap stamped "Manhard") set being the northeast corner of a
369	375		called 4.97 acre tract conveyed to Mark Speight and Blanca Speight
370	376		by Warranty Deed with Vendor's Lien recorded in Clerk's File
371	377		No. 2015112241, Montgomery County Official Public Records of Real
372	378		Property, being the northwest corner of said called 49.840 acre
373	379		tract, being in the south line of said called 127.440 acre tract,
374	380		and being an interior angle point of the herein described tract;
375	381		THENCE, South 86°15'04" West, 1,095.59 feet to a 5/8-inch iron
376	382		rod (with cap) found being the northwest corner of a called 2.474
377	383		acre tract conveyed to Richard H. Hansen and Kristine M. Hansen by
378	384		Texas General Warranty Deed with Vendor's Lien recorded in Clerk's
379	385		File No. 2017046810, Montgomery County Official Public Records of
380	386		Real Property, being the southwest corner of said called 127.440
381	387		acre tract, being in the east right-of-way of McCaleb Road (width
382	388		varies), being the most northerly southwest corner of the herein
383	389		described tract, and being the beginning of a non-tangent curve to
384	390		the left;
385	391		THENCE, along said non-tangent curve to the left having a
386	392		radius of 4,431.68 feet, an arc length of 116.13 feet, and a long
387	393		chord bearing North 02°15'40" West, 116.13 feet to a 5/8-inch iron
388	394		rod (with cap) found being in the west line of said called 127.440
389	395		acre tract and being in the east right-of-way of said McCaleb Road;
390	396		THENCE, North 03°00'42" West, 1,081.87 feet to a 5/8-inch iron
391	397		rod (with cap stamped "Manhard") set being in the south line of a
392	398		called 2.066 acre tract conveyed to Lake South Water Supply
393	399		Corporation by Warranty Deed recorded in Clerk's File
394	400		No. 2005-104064, Montgomery County Official Public Records of Real
395	401		Property, being the most westerly corner of said called 127.440
396	402		acre tract, being in the east right-of-way of said McCaleb Road, and
397	403		being the most westerly corner of the herein described tract;
398	404		THENCE, North 87°04'28" East, 1,599.20 feet to a 5/8-inch iron
399	405		rod found being the southeast corner of a called 60.63 acre tract
400	406		conveyed to GAM Enterprises, Inc. by Warranty Deed recorded in
401	407		Clerk's File No. 2011029722, Montgomery County Official Public
402	408		Records of Real Property, being an interior corner of said called
403	409		127.440 acre tract, and being an interior corner of the herein
404	410		described tract;
405	411		THENCE, North 02°58'33" West, 2,248.07 feet to a 5/8-inch iron
406	412		rod found being the northeast corner of a called Restricted Reserve
407	413		"A" of Lake Conroe Business Park Section 4 recorded in Cabinet M,
408	414		Sheet 163, Montgomery County Map Records, being the most northerly
409	415		corner of said 127.440 acre tract, being in the south right-of-way
410	416		of said State Highway 105, and being the most northerly corner of
411	417		the herein described tract;
412	418		THENCE, South 70°13'10" East, 493.12 feet to a Texas
413	419		Department of Transportation brass disk in concrete found being in
414	420		the north line of said 127.440 acre tract, being in the south
415	421		right-of-way of said State Highway 105, and being an angle point of
416	422		the herein described tract;
417	423		THENCE, South 55°13'24" East, 77.29 feet to a 5/8-inch iron
418	424		rod (with cap stamped "Manhard") set being in the north line of said
419	425		127.440 acre tract, being in the south right-of-way of said State
420	426		Highway 105, and being an angle point of the herein described tract;
421	427		THENCE South 70°16'14" East, 661.82 feet to the POINT OF
422	428		BEGINNING, CONTAINING 191.97 acres (8,362,413 square feet) of land
423	429		in Montgomery County, Texas filed in the office of Manhard
424	430		Consulting, Ltd. in The Woodlands, Texas.
425	431		SECTION 3. (a) The legal notice of the intention to
426	432		introduce this Act, setting forth the general substance of this
427	433		Act, has been published as provided by law, and the notice and a
428	434		copy of this Act have been furnished to all persons, agencies,
429	435		officials, or entities to which they are required to be furnished
430	436		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
431	437		Government Code.
432	438		(b) The governor, one of the required recipients, has
433	439		submitted the notice and Act to the Texas Commission on
434	440		Environmental Quality.
435	441		(c) The Texas Commission on Environmental Quality has filed
436	442		its recommendations relating to this Act with the governor,
437	443		lieutenant governor, and speaker of the house of representatives
438	444		within the required time.
439	445		(d) All requirements of the constitution and laws of this
440	446		state and the rules and procedures of the legislature with respect
441	447		to the notice, introduction, and passage of this Act have been
442	448		fulfilled and accomplished.
443	449		SECTION 4. This Act takes effect immediately if it receives
444	450		a vote of two-thirds of all the members elected to each house, as
445	451		provided by Section 39, Article III, Texas Constitution. If this
446	452		Act does not receive the vote necessary for immediate effect, this
447	453		Act takes effect September 1, 2019.
448		-	______________________________ ______________________________
449		-	President of the Senate Speaker of the House
450		-	I certify that H.B. No. 2077 was passed by the House on May 7,
451		-	2019, by the following vote: Yeas 130, Nays 16, 2 present, not
452		-	voting.
453		-	______________________________
454		-	Chief Clerk of the House
455		-	I certify that H.B. No. 2077 was passed by the Senate on May
456		-	22, 2019, by the following vote: Yeas 28, Nays 3.
457		-	______________________________
458		-	Secretary of the Senate
459		-	APPROVED: _____________________
460		-	Date
461		-	_____________________
462		-	Governor
	454	+	* * * * *