Texas 2019 - 86th Regular

Texas House Bill HB3442 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3442
	1	+	By: Oliverson (Senate Sponsor - Kolkhorst) H.B. No. 3442
	2	+	(In the Senate - Received from the House April 29, 2019;
	3	+	April 29, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 9, 2019, reported favorably by
	5	+	the following vote: Yeas 7, Nays 0; May 9, 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 Harris County Municipal Utility
6	12		District No. 566; granting a limited power of eminent domain;
7	13		providing authority to issue bonds; providing authority to impose
8	14		assessments, fees, and taxes.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	16		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	17		Code, is amended by adding Chapter 8037 to read as follows:
12	18		CHAPTER 8037. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 566
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 8037.0101. DEFINITIONS. In this chapter:
15	21		(1) "Board" means the district's board of directors.
16	22		(2) "Commission" means the Texas Commission on
17	23		Environmental Quality.
18	24		(3) "Director" means a board member.
19	25		(4) "District" means the Harris County Municipal
20	26		Utility District No. 566.
21	27		Sec. 8037.0102. NATURE OF DISTRICT. The district is a
22	28		municipal utility district created under Section 59, Article XVI,
23	29		Texas Constitution.
24	30		Sec. 8037.0103. CONFIRMATION AND DIRECTOR ELECTION
25	31		REQUIRED. The temporary directors shall hold an election to
26	32		confirm the creation of the district and to elect five permanent
27	33		directors as provided by Section 49.102, Water Code.
28	34		Sec. 8037.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	35		temporary directors may not hold an election under Section
30	36		8037.0103 until each municipality in whose corporate limits or
31	37		extraterritorial jurisdiction the district is located has
32	38		consented by ordinance or resolution to the creation of the
33	39		district and to the inclusion of land in the district.
34	40		Sec. 8037.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	41		(a) The district is created to serve a public purpose and benefit.
36	42		(b) The district is created to accomplish the purposes of:
37	43		(1) a municipal utility district as provided by
38	44		general law and Section 59, Article XVI, Texas Constitution; and
39	45		(2) Section 52, Article III, Texas Constitution, that
40	46		relate to the construction, acquisition, improvement, operation,
41	47		or maintenance of macadamized, graveled, or paved roads, or
42	48		improvements, including storm drainage, in aid of those roads.
43	49		Sec. 8037.0106. INITIAL DISTRICT TERRITORY. (a) The
44	50		district is initially composed of the territory described by
45	51		Section 2 of the Act enacting this chapter.
46	52		(b) The boundaries and field notes contained in Section 2 of
47	53		the Act enacting this chapter form a closure. A mistake made in the
48	54		field notes or in copying the field notes in the legislative process
49	55		does not affect the district's:
50	56		(1) organization, existence, or validity;
51	57		(2) right to issue any type of bond for the purposes
52	58		for which the district is created or to pay the principal of and
53	59		interest on a bond;
54	60		(3) right to impose a tax; or
55	61		(4) legality or operation.
56	62		SUBCHAPTER B. BOARD OF DIRECTORS
57		-	Sec. 8037.0201. GOVERNING BODY; TERMS. (a) The district is
58		-	governed by a board of five elected directors.
	63	+	Sec. 8037.0201. GOVERNING BODY; TERMS. (a) The district
	64	+	is governed by a board of five elected directors.
59	65		(b) Except as provided by Section 8037.0202, directors
60	66		serve staggered four-year terms.
61	67		Sec. 8037.0202. TEMPORARY DIRECTORS. (a) The temporary
62	68		board consists of:
63	69		(1) Philip Ghutzman;
64	70		(2) Todd Dillingham;
65	71		(3) Caitlin Doonan;
66	72		(4) Nolan Mainguy; and
67	73		(5) Robert Frost.
68	74		(b) Temporary directors serve until the earlier of:
69	75		(1) the date permanent directors are elected under
70	76		Section 8037.0103; or
71	77		(2) the fourth anniversary of the effective date of
72	78		the Act enacting this chapter.
73	79		(c) If permanent directors have not been elected under
74	80		Section 8037.0103 and the terms of the temporary directors have
75	81		expired, successor temporary directors shall be appointed or
76	82		reappointed as provided by Subsection (d) to serve terms that
77	83		expire on the earlier of:
78	84		(1) the date permanent directors are elected under
79	85		Section 8037.0103; or
80	86		(2) the fourth anniversary of the date of the
81	87		appointment or reappointment.
82	88		(d) If Subsection (c) applies, the owner or owners of a
83	89		majority of the assessed value of the real property in the district
84	90		may submit a petition to the commission requesting that the
85	91		commission appoint as successor temporary directors the five
86	92		persons named in the petition. The commission shall appoint as
87	93		successor temporary directors the five persons named in the
88	94		petition.
89	95		SUBCHAPTER C. POWERS AND DUTIES
90	96		Sec. 8037.0301. GENERAL POWERS AND DUTIES. The district
91	97		has the powers and duties necessary to accomplish the purposes for
92	98		which the district is created.
93	99		Sec. 8037.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94	100		DUTIES. The district has the powers and duties provided by the
95	101		general law of this state, including Chapters 49 and 54, Water Code,
96	102		applicable to municipal utility districts created under Section 59,
97	103		Article XVI, Texas Constitution.
98	104		Sec. 8037.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
99	105		52, Article III, Texas Constitution, the district may design,
100	106		acquire, construct, finance, issue bonds for, improve, operate,
101	107		maintain, and convey to this state, a county, or a municipality for
102	108		operation and maintenance macadamized, graveled, or paved roads, or
103	109		improvements, including storm drainage, in aid of those roads.
104	110		Sec. 8037.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	111		road project must meet all applicable construction standards,
106	112		zoning and subdivision requirements, and regulations of each
107	113		municipality in whose corporate limits or extraterritorial
108	114		jurisdiction the road project is located.
109	115		(b) If a road project is not located in the corporate limits
110	116		or extraterritorial jurisdiction of a municipality, the road
111	117		project must meet all applicable construction standards,
112	118		subdivision requirements, and regulations of each county in which
113	119		the road project is located.
114	120		(c) If the state will maintain and operate the road, the
115	121		Texas Transportation Commission must approve the plans and
116	122		specifications of the road project.
117	123		Sec. 8037.0305. COMPLIANCE WITH MUNICIPAL CONSENT
118	124		ORDINANCE OR RESOLUTION. The district shall comply with all
119	125		applicable requirements of any ordinance or resolution that is
120	126		adopted under Section 54.016 or 54.0165, Water Code, and that
121	127		consents to the creation of the district or to the inclusion of land
122	128		in the district.
123		-	Sec. 8037.0306. DIVISION OF DISTRICT. (a) The district ~~may~~
124		-	be divided into two or more new districts only if:
	129	+	Sec. 8037.0306. DIVISION OF DISTRICT. (a) The district
	130	+	may be divided into two or more new districts only if:
125	131		(1) the district has no outstanding bonded debt; and
126	132		(2) the district is not imposing ad valorem taxes.
127	133		(b) This chapter applies to any new district created by the
128	134		division of the district, and a new district has all the powers and
129	135		duties of the district.
130	136		(c) Any new district created by the division of the district
131	137		may not, at the time the new district is created, contain any land
132	138		outside the area described by Section 2 of the Act creating this
133	139		chapter.
134	140		(d) The board, on its own motion or on receipt of a petition
135	141		signed by the owner or owners of a majority of the assessed value of
136	142		the real property in the district, may adopt an order dividing the
137	143		district.
138	144		(e) The board may adopt an order dividing the district
139	145		before or after the date the board holds an election under Section
140	146		8037.0103 to confirm the creation of the district.
141	147		(f) An order dividing the district shall:
142	148		(1) name each new district;
143	149		(2) include the metes and bounds description of the
144	150		territory of each new district;
145	151		(3) appoint temporary directors for each new district;
146	152		and
147	153		(4) provide for the division of assets and liabilities
148	154		between or among the new districts.
149	155		(g) On or before the 30th day after the date of adoption of
150	156		an order dividing the district, the district shall file the order
151	157		with the commission and record the order in the real property
152	158		records of each county in which the district is located.
153	159		(h) Any new district created by the division of the district
154	160		shall hold a confirmation and directors' election as required by
155	161		Section 8037.0103.
156	162		(i) If the creation of the new district is confirmed, the
157	163		new district shall provide the election date and results to the
158	164		commission.
159	165		(j) Any new district created by the division of the district
160	166		must hold an election as required by this chapter to obtain voter
161	167		approval before the district may impose a maintenance tax or issue
162	168		bonds payable wholly or partly from ad valorem taxes.
163	169		(k) Municipal consent to the creation of the district and to
164	170		the inclusion of land in the district granted under Section
165	171		8037.0104 acts as municipal consent to the creation of any new
166	172		district created by the division of the district and to the
167	173		inclusion of land in the new district.
168	174		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
169		-	Sec. 8037.0401. ELECTIONS REGARDING TAXES OR BONDS. ~~(a)~~
170		-	The district may issue, without an election, bonds and other
	175	+	Sec. 8037.0401. ELECTIONS REGARDING TAXES OR BONDS.
	176	+	(a) The district may issue, without an election, bonds and other
171	177		obligations secured by:
172	178		(1) revenue other than ad valorem taxes; or
173	179		(2) contract payments described by Section 8037.0403.
174	180		(b) The district must hold an election in the manner
175	181		provided by Chapters 49 and 54, Water Code, to obtain voter approval
176	182		before the district may impose an ad valorem tax or issue bonds
177	183		payable from ad valorem taxes.
178	184		(c) The district may not issue bonds payable from ad valorem
179	185		taxes to finance a road project unless the issuance is approved by a
180	186		vote of a two-thirds majority of the district voters voting at an
181	187		election held for that purpose.
182	188		Sec. 8037.0402. OPERATION AND MAINTENANCE TAX. (a) If
183	189		authorized at an election held under Section 8037.0401, the
184	190		district may impose an operation and maintenance tax on taxable
185	191		property in the district in accordance with Section 49.107, Water
186	192		Code.
187	193		(b) The board shall determine the tax rate. The rate may not
188	194		exceed the rate approved at the election.
189	195		Sec. 8037.0403. CONTRACT TAXES. (a) In accordance with
190	196		Section 49.108, Water Code, the district may impose a tax other than
191	197		an operation and maintenance tax and use the revenue derived from
192	198		the tax to make payments under a contract after the provisions of
193	199		the contract have been approved by a majority of the district voters
194	200		voting at an election held for that purpose.
195	201		(b) A contract approved by the district voters may contain a
196	202		provision stating that the contract may be modified or amended by
197	203		the board without further voter approval.
198	204		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
199	205		Sec. 8037.0501. AUTHORITY TO ISSUE BONDS AND OTHER
200	206		OBLIGATIONS. The district may issue bonds or other obligations
201	207		payable wholly or partly from ad valorem taxes, impact fees,
202	208		revenue, contract payments, grants, or other district money, or any
203	209		combination of those sources, to pay for any authorized district
204	210		purpose.
205	211		Sec. 8037.0502. TAXES FOR BONDS. At the time the district
206	212		issues bonds payable wholly or partly from ad valorem taxes, the
207	213		board shall provide for the annual imposition of a continuing
208	214		direct ad valorem tax, without limit as to rate or amount, while all
209	215		or part of the bonds are outstanding as required and in the manner
210	216		provided by Sections 54.601 and 54.602, Water Code.
211	217		Sec. 8037.0503. BONDS FOR ROAD PROJECTS. At the time of
212	218		issuance, the total principal amount of bonds or other obligations
213	219		issued or incurred to finance road projects and payable from ad
214	220		valorem taxes may not exceed one-fourth of the assessed value of the
215	221		real property in the district.
216	222		SECTION 2. The Harris County Municipal Utility District No.
217	223		566 initially includes all the territory contained in the following
218	224		area:
219	225		TRACT 1 - 538.890 ACRES
220	226		A FIELD NOTE DESCRIPTION of a 553.208 acre tract of land in
221	227		the R. Walton Survey, Abstract No. 845 and in the H. Ehrenberg
222	228		Survey, Abstract No. 247, Harris County, Texas; said 553.208 acre
223	229		tract being Tracts 1-11 conveyed to Golden Shamrock Realty, Inc.,
224	230		as recorded in Harris County Clerk's File No. P061803; said tract
225	231		being more particularly described by metes-and-bounds as follows
226	232		with the bearings being based on Texas State Plane Coordinate
227	233		System, South Central Zone (NAD83) per GPS Observations using
228	234		National Geodetic Survey Continuously Operating Reference
229	235		Stations:
230	236		BEGINNING at a 3/8-inch iron rod found at the intersection of
231	237		the west right-of-way line of Becker Road (width varies) with the
232	238		north right-of-way line of Becker Road (called 60 feet wide) for the
233	239		southeast corner of said Tract 9;
234	240		THENCE, South 87° 45' 45" West - 4,884.83 feet with the north
235	241		line of said Becker Road and with the south line of said Tracts 7, 8,
236	242		9, and 11 to a 5/8-inch iron rod found at the southeast end of a
237	243		cutback corner at the intersection of the north line of said Becker
238	244		Road with the east right-of-way line Katy-Hockley Road (called 60
239	245		feet wide) for a southwest corner of this tract;
240	246		THENCE, North 58° 07' 58" West - 46.02 feet with said cutback
241	247		and with a southwest line of said Tract 7 to a 5/8-inch iron rod
242	248		found for an angle point of this tract;
243	249		THENCE, North 61° 37' 08" West - 85.49 feet with said cutback
244	250		and with a southwest line of said Tract 7 to a 5/8-inch iron rod
245	251		found for an angle point of this tract;
246	252		THENCE, North 34° 22' 11" West - 42.85 feet with said cutback
247	253		and with a southwest line of said Tract 7 to a 5/8-inch iron rod
248	254		found for an angle point of this tract;
249	255		THENCE, North 15° 13' 59" West - 53.74 feet with said cutback
250	256		and with a southwest line of said Tract 7 to a 5/8-inch iron rod
251	257		found for the north end of said cutback and for a southwest corner
252	258		of this tract;
253	259		THENCE, North 01° 44' 20" West - 1,621.49 feet with the east
254	260		right-of-way line of said Katy-Hockley Road and with a west line of
255	261		said Tracts 7 and 11 to a 1/2-inch iron rod found for a northwest
256	262		corner of this tract;
257	263		THENCE, North 88° 16' 31" East - 20.06 feet with a south line
258	264		of a 17.4152 acre tract of land conveyed to G. Robert Friedman,
259	265		Trustee, as recorded in Harris County Clerk's File No. 20070505569
260	266		and with a north line of said Tract 11 to a 5/8-inch iron rod found
261	267		for an angle point of this tract;
262	268		THENCE, South 48° 17' 22" East - 14.54 feet with a southwest
263	269		line of said 17.4152 acre tract and with a northeast line of said
264	270		Tract 11 to a 5/8-inch iron rod found for an angle point of this
265	271		tract;
266	272		THENCE, North 88° 16' 31" East - 1,711.59 feet with a south
267	273		line of said 17.4152 acre tract, with the south line of a 11.6869
268	274		acre tract of land conveyed to Michael A. Nassie, as recorded in
269	275		Harris County Clerk's File No. N345641 and with a north line of said
270	276		Tract 11 to a 1/2-inch iron rod found for an angle point of this
271	277		tract;
272	278		THENCE, North 43° 01' 23" East - 14.08 feet with a southeast
273	279		line of said 11.6869 acre tract and with a northwest line of said
274	280		Tract 11 to a 1/2-inch iron rod found for an angle point of this
275	281		tract;
276	282		THENCE, North 02° 13' 45" West - 778.58 feet with the east
277	283		line of said 11.6869 acre tract and with a west line of said Tract 11
278	284		to a 1/2-inch iron pipe found for an interior corner of this tract;
279	285		THENCE, South 80° 40' 21" West - 634.30 feet with a south line
280	286		of said Tract 4 and with a north line of said 11.6869 acre tract to a
281	287		5/8-inch iron rod found for an angle point of this tract;
282	288		THENCE, South 88° 17' 42" West - 415.20 feet with a south line
283	289		of said Tract 4, with a north line of said 11.6869 acre tract and
284	290		with the north line of said 17.4152 acre tract to a 3/4-inch iron
285	291		pipe found for a southwest corner of this tract;
286	292		THENCE, North 01° 41' 02" West - 781.71 feet with the west
287	293		line of said Tract 4 and with the east line of a 11.65 acre tract of
288	294		land conveyed to Mueshke Land Holdings, L.P., as recorded in Harris
289	295		County Clerk's File No. RP-2017-467581 to a 5/8-inch iron rod with
290	296		cap set to replace a disturbed 5/8-inch iron rod found for an
291	297		interior corner of this tract;
292	298		THENCE, South 75° 49' 10" West - 240.49 feet with a south line
293	299		of said Tract 11 and with the north line of said 11.65 acre tract to
294	300		a 5/8-inch iron rod found for a point-of-curvature;
295	301		THENCE, in a westerly direction with a south line of said
296	302		Tract 11 and with the north line of said 11.65 acre tract and with a
297	303		curve to the right having a radius of 1,040.00 feet, a central angle
298	304		of 12° 27' 19", a length of 226.08 feet, and a chord bearing
299	305		South 82° 00' 12" West - 225.64 feet to a 5/8-inch iron rod found for
300	306		a point-of-tangency;
301	307		THENCE, South 88° 15' 52" West - 213.28 feet with a south line
302	308		of said Tract 11 and with the north line of said 11.65 acre tract to
303	309		a 1/2-inch iron rod found for an angle point of this tract;
304	310		THENCE, South 42° 50' 16" West - 14.04 feet with a south line
305	311		of said Tract 11 and with the north line of said 11.65 acre tract to
306	312		a 1/2-inch iron rod found for an angle point of this tract;
307	313		THENCE, South 88° 15' 52" West - 20.00 feet with a south line
308	314		of said Tract 11 and with the north line of said 11.65 acre tract to
309	315		a 1/2-inch iron rod found in the east right-of-way line of said
310	316		Katy-Hockley Road for an southwest corner of this tract;
311	317		THENCE, North 01° 44' 20" West - 1,726.45 feet with the east
312	318		right-of-way line of said Katy-Hockley Road and with a west line of
313	319		said Tracts 1 and 11 to a 5/8-inch iron rod found for a northwest
314	320		corner of this tract;
315	321		THENCE, North 87° 12' 47" East - 20.03 feet with a north line
316	322		of said Tract 11 and with a south line of a called 86.9702 acre tract
317	323		of land conveyed to Hanson Aggregates, Inc., as recorded in Harris
318	324		County Clerk's File No. 20070002906 to a 5/8-inch iron rod found
319	325		for an angle point of this tract;
320	326		THENCE, South 45° 45' 24" East - 14.40 feet with a north line
321	327		of said Tract 11 and with a south line of said 86.9702 acre tract to
322	328		a 1/2-inch iron rod found for an angle point of this tract and for
323	329		the beginning of a non-tangent curve to the right;
324	330		THENCE, in an easterly direction with a north line of said
325	331		Tract 11, with a south line of said 86.9702 acre tract and with said
326	332		curve to the right having a radius of 905.00 feet, a central angle
327	333		of 06° 01' 18", a length of 95.11 feet, and a chord bearing South 88°
328	334		44' 25" East - 95.07 feet to a 1/2-inch iron rod found for the
329	335		beginning of a curve to the left;
330	336		THENCE, in an easterly direction with a north line of said
331	337		Tract 11, with a south line of said 86.9702 acre tract and with said
332	338		curve to the left having a radius of 905.00 feet, a central angle of
333	339		06° 01' 04", a length of 95.05 feet, and a chord bearing South 88° 51'
334	340		58" East - 95.01 feet to a 1/2-inch iron rod found for the end of
335	341		said curve;
336	342		THENCE, North 88° 15' 22" East - 970.65 feet with a north line
337	343		of said Tract 11 and with a south line of said 86.9702 acre tract to
338	344		a 1/2-inch iron rod found for the beginning of a curve to the left;
339	345		THENCE, in a northeasterly direction with a northwest line of
340	346		said Tract 11, with a southeast line of said 86.9702 acre tract and
341	347		with said curve to the left having a radius of 1,950.00 feet, a
342	348		central angle of 47° 52' 44", a length of 1,629.50 feet, and a chord
343	349		bearing North 64° 20' 50" East - 1,582.50 feet to a 5/8-inch iron
344	350		rod found for a the end of said curve;
345	351		THENCE, North 40° 22' 55" East - 512.17 feet with a northwest
346	352		line of said Tract 11 and with a southeast line of said 86.9702 acre
347	353		tract to a 1/2-inch iron rod found in the southwest line of the
348	354		Southern Pacific Railroad Company right-of-way for a north corner
349	355		of this tract;
350	356		THENCE, South 68° 07' 51" East - 2,152.18 feet with the
351	357		southwest line of said Southern Pacific Railroad Company
352	358		right-of-way and with the northeast line of said Tracts 11 and 3 to
353	359		a 5/8-inch iron rod with cap that could not be read found in the west
354	360		right-of-way line of said Becker Road for a northeast corner of this
355	361		tract;
356	362		THENCE, South 02° 00' 38" East - 50.88 feet with the west
357	363		right-of-way line of said Becker Road, as recorded in Harris County
358	364		Clerk's File No. 20100142826 and with the east line of said Tract 3
359	365		to a 5/8-inch iron rod with cap stamped "T.E.A.M." set for the
360	366		beginning of a curve to the left;
361	367		THENCE, in a southerly direction with the west right-of-way
362	368		line of said Becker Road and with said curve to the left having a
363	369		radius of 2,015.00 feet, a central angle of 05° 43' 55", a length of
364	370		201.58 feet and a chord bearing South 04° 52' 36" East - 201.50 feet
365	371		to a 5/8-inch iron rod with cap stamped "Amani Eng" found for the
366	372		beginning of a curve to the right;
367	373		THENCE, in a southerly direction with the west right-of-way
368	374		line of said Becker Road and with said curve to the right having a
369	375		radius of 1,985.00 feet, a central angle of 05° 43' 55", a length of
370	376		198.58 feet and a chord bearing South 04° 52' 36" East - 198.50 feet
371	377		to a 5/8-inch iron rod with cap that could not be read found for the
372	378		end of said curve;
373	379		THENCE, South 02° 01' 06" East - 1,609.77 feet with the west
374	380		right-of-way line of said Becker Road to a 5/8-inch iron rod with
375	381		cap stamped "T.E.A.M." set for a southeast corner of this tract;
376	382		THENCE, South 87° 56' 49" West - 509.75 feet with a south line
377	383		of said Tract 6 and with the north line of a 3.6295 acre tract of
378	384		land conveyed to Harris County, as recorded in Harris County
379	385		Clerk's File No. 20100142826 to a 5/8-inch iron rod with cap
380	386		stamped "Amani Eng" found for an interior corner of this tract;
381	387		THENCE, South 02° 01' 53" East - 310.02 feet with an east line
382	388		of said Tract 6 and with the west line of said 3.6295 acre tract to a
383	389		5/8-inch iron rod with cap that could not be read found for an
384	390		interior corner of this tract;
385	391		THENCE, North 87° 56' 49" East - 546.24 feet with a north line
386	392		of said Tract 6 and with the south line of said 3.6295 acre tract to
387	393		a 5/8-inch iron rod with cap that could not be read for a northeast
388	394		corner of this tract;
389	395		THENCE, South 01° 59' 46" East - 2,622.08 feet with an east
390	396		line of said Tracts 6, 9, and 11 and with the west right-of-way line
391	397		of said Becker Road to the POINT OF BEGINNING and containing 553.208
392	398		acres of land.
393	399		SAVE AND EXCEPT 14.318 ACRES:
394	400		A FIELD NOTE DESCRIPTION of a 14.318 acre tract of land in the
395	401		R. Walton Survey, Abstract No. 845 and in the H. Ehrenberg Survey,
396	402		Abstract No. 247, Harris County, Texas; said 14.318 acre tract
397	403		being all of a tract of land conveyed to Dennis N. Johnston,
398	404		Trustee, as recorded in Harris County Clerk's File No. 20070541784;
399	405		said tract being more particularly described by metes-and-bounds as
400	406		follows with the bearings being based on Texas State Plane
401	407		Coordinate System, South Central Zone (NAD83) per GPS Observations
402	408		using National Geodetic Survey Continuously Operating Reference
403	409		Stations:
404	410		COMMENCING FOR REFERENCE at a 3/8-inch iron rod found at the
405	411		intersection of the west right-of-way line of Becker Road (width
406	412		varies) with the north right-of-way line of Becker Road (called 60
407	413		feet wide) for the southeast corner of Tract 9 conveyed to Golden
408	414		Shamrock Realty, Inc., as recorded in Harris County Clerk's File
409	415		No. P061803;
410	416		THENCE, South 87° 45' 45" West - 3,175.48 feet with the north
411	417		line of said Becker Road and with the south line of Tracts 8, 9, and
412	418		11 conveyed to Golden Shamrock Realty, Inc., as recorded in Harris
413	419		County Clerk's File No. P061803 to a 1/2-inch iron rod found for a
414	420		southwest corner of said Lot 8 and for a southeast corner of said
415	421		Lot 11;
416	422		THENCE, North 02° 13' 45" West - 20.00 feet with the west line
417	423		of said Lot 8 and with an east line of said Lot 11 to an angle point;
418	424		THENCE, North 47° 13' 45" West - 14.14 feet with the southwest
419	425		line of said Lot 8 and with a northeast line of said Lot 11 to an
420	426		angle point;
421	427		THENCE, North 02° 13' 45" West - 2,522.28 feet to a 1/2-inch
422	428		iron rod found for a northwest corner of a 44.659 acre tract of
423	429		land, described as Tract 5, conveyed to Golden Shamrock Realty,
424	430		Inc., as recorded in Harris County Clerk's File No. P061803 and for
425	431		the southwest corner and POINT OF BEGINNING of this tract;
426	432		THENCE, North 02° 13' 45" West - 277.84 feet with an east line
427	433		of said Tract 11 to a 1/2-inch iron rod found for the beginning of a
428	434		curve to the left;
429	435		THENCE, in a northerly direction with an east line of said
430	436		Tract 11 and with said curve to the left having a radius of 1,040.00
431	437		feet, a central angle of 11° 57' 32", a length of 217.07 feet, and a
432	438		chord bearing North 08° 12' 09" West - 216.68 feet to a 1/2-inch
433	439		iron rod found for the end of said curve;
434	440		THENCE, North 14° 14' 28" West - 416.05 feet with an east line
435	441		of said Tract 11 to a 5/8-inch iron rod with cap that could not be
436	442		read found for a northwest corner of this tract;
437	443		THENCE, North 30° 47' 21" East - 14.13 feet with a southeast
438	444		line of said Tract 11 to a 1/2-inch iron rod found for a northwest
439	445		corner of this tract;
440	446		THENCE, North 75° 49' 10" East - 635.42 feet with a south line
441	447		of said Tract 11 to a 1/2-inch iron rod found for the northeast
442	448		corner of this tract;
443	449		THENCE, South 14° 10' 18" East - 951.30 feet with a west line
444	450		of said Tract 5 to a 1/2-inch iron rod found for the southeast
445	451		corner of this tract;
446	452		THENCE, South 75° 49' 02" West - 278.02 feet with a north line
447	453		of said Tract 5 to a 1/2-inch iron rod found for an angle point of
448	454		this tract;
449	455		THENCE, South 80° 40' 21" West - 448.51 feet with a north line
450	456		of said Tract 5 to the POINT OF BEGINNING and containing 14.318
451	457		acres of land, leaving a surveyed area of 538.890 acres.
452	458		TRACT 2 - 557.308 ACRES
453	459		A FIELD NOTE DESCRIPTION of a 557.308 acre tract of land in
454	460		the H. Ehrenberg Survey, Abstract No. 247, Harris County, Texas;
455	461		said 557.308 acre tract being the remainder of a 850 acre tract of
456	462		land conveyed to Gold Star Realty, Inc., as recorded in Harris
457	463		County Clerk's File No. P114056; said tract being more particularly
458	464		described by metes-and-bounds as follows with the bearings being
459	465		based on Texas State Plane Coordinate System, South Central Zone
460	466		(NAD83) per GPS Observations using National Geodetic Survey
461	467		Continuously Operating Reference Stations:
462	468		BEGINNING at a 3/8-inch iron rod found in the south
463	469		right-of-way line of Becker Road (called 60 feet wide) for the
464	470		northwest corner of said 850 acre tract and for the northwest corner
465	471		of this tract;
466	472		THENCE, North 87° 29' 54" East - 1,605.31 feet with the south
467	473		right-of-way line of said Becker Road to a 5/8-inch iron rod with
468	474		cap stamped "T.E.A.M." set for the northwest end of a radial cutback
469	475		at the intersection of the south right-of-way line of said Becker
470	476		Road with the west right-of-way line of Katy-Hockley Cut-Off Road
471	477		(called 60 feet wide) for a point-of-curvature;
472	478		THENCE, in a southeasterly direction with said cutback and
473	479		with a curve to the right having a radius of 173.75 feet, a central
474	480		angle of 89° 51' 04", a length of 272.47 feet, and a chord bearing
475	481		South 47° 34' 29" East - 245.40 feet to a 5/8-inch iron rod with cap
476	482		stamped "T.E.A.M." set for a point-of-tangency;
477	483		THENCE, South 02° 38' 58" East - 4,770.88 feet with the west
478	484		line of said Katy-Hockley Cut-Off Road to a point in a headwall for
479	485		the southeast corner of said 850 acre tract and for the southeast
480	486		corner of this tract;
481	487		THENCE, South 87° 42' 31" West - 5,577.00 feet with the north
482	488		line of a 74.109 acre tract of land conveyed to Gold Star Realty,
483	489		Inc., as recorded in Harris County Clerk's File No. U987281, with
484	490		the north line of a 72.8256 acre tract conveyed to Minero Holdings,
485	491		LLC, as recorded in Harris County Clerk's File No. RP-2016-333873
486	492		and with the north line of a 94.107 acre tract conveyed to Cypress
487	493		Prairie Mitigation, Inc., as recorded in Harris County Clerk's File
488	494		No. RP-2017-220630 to a 1/2-inch iron rod found for the southwest
489	495		corner of this tract; from which a 1-inch iron rod found for an
490	496		interior corner of said 850 acres bears North 87° 42' 31" East -
491	497		194.97 feet;
492	498		THENCE, North 02° 39' 04" West - 4,095.43 feet to a 1/2-inch
493	499		iron rod found for a northwest corner of said 850 acre tract and for
494	500		the northwest corner of this tract;
495	501		THENCE, North 88° 14' 06" East - 3,786.97 feet with a south
496	502		line of a tract of land conveyed to 290 WR Holdings LP, as recorded
497	503		in Harris County Clerk's File No. RP-2017-245403 to a 5/8-inch iron
498	504		rod with cap stamped "T.E.A.M." set to replace a disturbed 3/8-inch
499	505		iron rod for an interior corner of this tract;
500	506		THENCE, North 01° 52' 21" West - 877.02 feet with a west line
501	507		of said 850 acre tract to the POINT OF BEGINNING and containing
502	508		557.308 acres of land.
503	509		SECTION 3. (a) The legal notice of the intention to
504	510		introduce this Act, setting forth the general substance of this
505	511		Act, has been published as provided by law, and the notice and a
506	512		copy of this Act have been furnished to all persons, agencies,
507	513		officials, or entities to which they are required to be furnished
508	514		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
509	515		Government Code.
510	516		(b) The governor, one of the required recipients, has
511	517		submitted the notice and Act to the Texas Commission on
512	518		Environmental Quality.
513	519		(c) The Texas Commission on Environmental Quality has filed
514	520		its recommendations relating to this Act with the governor, the
515	521		lieutenant governor, and the speaker of the house of
516	522		representatives within the required time.
517	523		(d) All requirements of the constitution and laws of this
518	524		state and the rules and procedures of the legislature with respect
519	525		to the notice, introduction, and passage of this Act are fulfilled
520	526		and accomplished.
521	527		SECTION 4. (a) If this Act does not receive a two-thirds
522	528		vote of all the members elected to each house, Subchapter C, Chapter
523	529		8037, Special District Local Laws Code, as added by Section 1 of
524	530		this Act, is amended by adding Section 8037.0307 to read as follows:
525	531		Sec. 8037.0307. NO EMINENT DOMAIN POWER. The district may
526	532		not exercise the power of eminent domain.
527	533		(b) This section is not intended to be an expression of a
528	534		legislative interpretation of the requirements of Section 17(c),
529	535		Article I, Texas Constitution.
530	536		SECTION 5. This Act takes effect immediately if it receives
531	537		a vote of two-thirds of all the members elected to each house, as
532	538		provided by Section 39, Article III, Texas Constitution. If this
533	539		Act does not receive the vote necessary for immediate effect, this
534	540		Act takes effect September 1, 2019.
535		-	______________________________ ______________________________
536		-	President of the Senate Speaker of the House
537		-	I certify that H.B. No. 3442 was passed by the House on April
538		-	26, 2019, by the following vote: Yeas 128, Nays 11, 2 present, not
539		-	voting.
540		-	______________________________
541		-	Chief Clerk of the House
542		-	I certify that H.B. No. 3442 was passed by the Senate on May
543		-	15, 2019, by the following vote: Yeas 30, Nays 1.
544		-	______________________________
545		-	Secretary of the Senate
546		-	APPROVED: _____________________
547		-	Date
548		-	_____________________
549		-	Governor
	541	+	* * * * *