Texas 2019 - 86th Regular

Texas House Bill HB4637 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4637
	1	+	By: Bonnen of Galveston (Senate Sponsor - Taylor) H.B. No. 4637
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 6, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 15, 2019, reported adversely,
	5	+	with favorable Committee Substitute by the following vote: Yeas 7,
	6	+	Nays 0; May 15, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 4637 By: Menéndez
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the creation of the City of Kemah Municipal Management
6	14		District No. 1; providing authority to issue bonds and impose
7	15		assessments, fees, and taxes.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. Subtitle C, Title 4, Special District Local Laws
10	18		Code, is amended by adding Chapter 3976 to read as follows:
11	19		CHAPTER 3976. CITY OF KEMAH MUNICIPAL MANAGEMENT DISTRICT NO. 1
12	20		SUBCHAPTER A. GENERAL PROVISIONS
13	21		Sec. 3976.0101. DEFINITIONS. In this chapter:
14	22		(1) "Board" means the district's board of directors.
15	23		(2) "City" means the City of Kemah, Texas.
16	24		(3) "Commission" means the Texas Commission on
17	25		Environmental Quality.
18	26		(4) "Director" means a board member.
19	27		(5) "District" means the City of Kemah Municipal
20	28		Management District No. 1.
21	29		Sec. 3976.0102. CREATION AND NATURE OF DISTRICT. The
22	30		district is a special district created under Sections 52 and 52-a,
23	31		Article III, and Section 59, Article XVI, Texas Constitution.
24	32		Sec. 3976.0103. PURPOSE; LEGISLATIVE FINDINGS. (a) The
25	33		creation of the district is essential to accomplish the purposes of
26	34		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
27	35		Texas Constitution, and other public purposes stated in this
28	36		chapter. By creating the district and in authorizing the city and
29	37		other political subdivisions to contract with the district, the
30	38		legislature has established a program to accomplish the public
31	39		purposes set out in Section 52-a, Article III, Texas Constitution.
32	40		(b) The creation of the district is necessary to promote,
33	41		develop, encourage, and maintain employment, commerce,
34	42		transportation, housing, tourism, recreation, the arts,
35	43		entertainment, economic development, safety, and the public
36	44		welfare in the district.
37	45		(c) This chapter and the creation of the district may not be
38	46		interpreted to relieve the city from providing the level of
39	47		services provided to the area in the district as of the effective
40	48		date of the Act enacting this chapter. The district is created to
41	49		supplement and not to supplant the city services provided in the
42	50		district.
43	51		Sec. 3976.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
44	52		(a) The district is created to serve a public use and benefit.
45	53		(b) All land and other property included in the district
46	54		will benefit from the improvements and services to be provided by
47	55		the district under powers conferred by Sections 52 and 52-a,
48	56		Article III, and Section 59, Article XVI, Texas Constitution, and
49	57		other powers granted under this chapter.
50	58		(c) The district is created to accomplish the purposes of a
51	59		municipal management district as provided by general law and
52	60		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
53	61		Texas Constitution.
54	62		(d) The creation of the district is in the public interest
55	63		and is essential to:
56	64		(1) further the public purposes of developing and
57	65		diversifying the economy of the state;
58	66		(2) eliminate unemployment and underemployment;
59	67		(3) develop or expand transportation and commerce; and
60	68		(4) provide quality residential housing.
61	69		(e) The district will:
62	70		(1) promote the health, safety, and general welfare of
63	71		residents, employers, potential employees, employees, visitors,
64	72		and consumers in the district, and of the public;
65	73		(2) provide needed funding for the district to
66	74		preserve, maintain, and enhance the economic health and vitality of
67	75		the district territory as a community and business center; and
68	76		(3) promote the health, safety, welfare, and enjoyment
69	77		of the public by providing pedestrian ways and by landscaping and
70	78		developing certain areas in the district, which are necessary for
71	79		the restoration, preservation, and enhancement of scenic beauty.
72	80		(f) Pedestrian ways along or across a street, whether at
73	81		grade or above or below the surface, and street lighting, street
74	82		landscaping, parking, and street art objects are parts of and
75	83		necessary components of a street and are considered to be a street
76	84		or road improvement.
77	85		(g) The district will not act as the agent or
78	86		instrumentality of any private interest even though the district
79	87		will benefit many private interests as well as the public.
80	88		Sec. 3976.0105. DISTRICT TERRITORY. (a) The district is
81	89		composed of the territory described by Section 2 of the Act enacting
82	90		this chapter, as that territory may have been modified under other
83	91		law.
84	92		(b) The boundaries and field notes contained in Section 2 of
85	93		the Act enacting this chapter form a closure. A mistake in the
86	94		field notes or in copying the field notes in the legislative process
87	95		does not affect the district's:
88	96		(1) organization, existence, or validity;
89	97		(2) right to contract;
90	98		(3) authority to borrow money or issue bonds or other
91	99		obligations described by Section 3976.0501 or to pay the principal
92	100		and interest of the bonds or other obligations;
93	101		(4) right to impose or collect an assessment, or
94	102		collect other revenue; or
95	103		(5) legality or operation.
96	104		Sec. 3976.0106. APPLICABILITY OF MUNICIPAL MANAGEMENT
97	105		DISTRICTS LAW. Except as otherwise provided by this chapter,
98	106		Chapter 375, Local Government Code, applies to the district.
99	107		Sec. 3976.0107. CONSTRUCTION OF CHAPTER. This chapter
100	108		shall be liberally construed in conformity with the findings and
101	109		purposes stated in this chapter.
102	110		Sec. 3976.0108. CONFLICTS OF LAW. This chapter prevails
103	111		over any provision of Chapter 375, Local Government Code, that is in
104	112		conflict or inconsistent with this chapter.
105	113		Sec. 3976.0109. CONSENT OF MUNICIPALITY REQUIRED. The
106	114		board may not hold an election to authorize the issuance of bonds
107	115		until the governing body of the city by ordinance or resolution
108	116		consents to the creation of the district and to the inclusion of
109	117		land in the district. The city's consent must be granted in the
110	118		manner provided by Section 54.016, Water Code, for including land
111	119		within the corporate limits or extraterritorial jurisdiction of a
112	120		city.
113	121		SUBCHAPTER B. BOARD OF DIRECTORS
114	122		Sec. 3976.0201. GOVERNING BODY; TERMS. The district is
115	123		governed by a board of five directors who serve staggered terms of
116	124		four years, with two or three directors' terms expiring June 1 of
117	125		each odd-numbered year. One director is appointed by the city, and
118	126		four directors are appointed by the commission as provided by
119	127		Sections 3976.0202 and 3976.0203, respectively.
120	128		Sec. 3976.0202. APPOINTMENT AND REMOVAL OF DIRECTOR
121	129		APPOINTED BY CITY. (a) The governing body of the city shall
122	130		appoint one director who must be:
123	131		(1) at least 18 years of age; and
124	132		(2) a resident of the city.
125	133		(b) At any time the governing body of the city may remove the
126	134		director appointed by the city and appoint a director to serve the
127	135		remainder of the removed director's term.
128	136		Sec. 3976.0203. APPOINTMENT BY COMMISSION. (a) Before the
129	137		term of a director other than a director appointed under Section
130	138		3976.0202 expires, the board shall recommend to the commission the
131	139		appropriate number of persons to serve as successor directors. The
132	140		commission shall appoint as directors the persons recommended by
133	141		the board.
134	142		(b) A person recommended by the board under Subsection (a)
135	143		must be:
136	144		(1) at least 18 years of age;
137	145		(2) an owner of property in the district;
138	146		(3) an owner of stock, whether beneficial or
139	147		otherwise, of a corporate owner of property in the district;
140	148		(4) an owner of a beneficial interest in a trust that
141	149		owns property in the district; or
142	150		(5) an agent, employee, or tenant of a person
143	151		described by Subdivision (2), (3), or (4).
144	152		Sec. 3976.0204. VACANCY. (a) Except as provided by
145	153		Subsection (b), if a vacancy occurs on the board, the remaining
146	154		directors shall appoint a director for the remainder of the
147	155		unexpired term.
148	156		(b) If a vacancy occurs in the office of the director
149	157		appointed by the city, the city shall appoint a director for the
150	158		remainder of the unexpired term.
151	159		Sec. 3976.0205. DIRECTOR'S OATH OR AFFIRMATION. (a) A
152	160		director shall file the director's oath or affirmation of office
153	161		with the district, and the district shall retain the oath or
154	162		affirmation in the district records.
155	163		(b) A director shall file a copy of the director's oath or
156	164		affirmation with the secretary of the city.
157	165		Sec. 3976.0206. OFFICERS. The board shall elect from among
158	166		the directors a chair, a vice chair, and a secretary. The offices
159	167		of chair and secretary may not be held by the same person.
160	168		Sec. 3976.0207. COMPENSATION; EXPENSES. (a) The district
161	169		may compensate each director in an amount not to exceed $150 for
162	170		each board meeting. The total amount of compensation a director may
163	171		receive each year may not exceed $7,200.
164	172		(b) A director is entitled to reimbursement for necessary
165	173		and reasonable expenses incurred in carrying out the duties and
166	174		responsibilities of the board.
167	175		Sec. 3976.0208. INITIAL DIRECTORS. (a) On or after
168	176		September 1, 2019, the owner or owners of a majority of the assessed
169	177		value of the real property in the district according to the most
170	178		recent certified tax appraisal rolls for the county may submit a
171	179		petition to the commission requesting that the commission appoint
172	180		as initial directors the four persons named in the petition. The
173	181		commission shall appoint as initial directors the four persons
174	182		named in the petition.
175	183		(b) The governing body of the city shall appoint one initial
176	184		director.
177	185		(c) The initial directors shall determine by lot which three
178	186		positions expire June 1, 2021, and which two positions expire June
179	187		1, 2023.
180	188		(d) This section expires September 1, 2021.
181	189		SUBCHAPTER C. POWERS AND DUTIES
182	190		Sec. 3976.0301. GENERAL POWERS AND DUTIES. The district
183	191		has the powers and duties necessary to accomplish the purposes for
184	192		which the district is created.
185	193		Sec. 3976.0302. IMPROVEMENT PROJECTS AND SERVICES. The
186	194		district may provide, design, construct, acquire, improve,
187	195		relocate, operate, maintain, or finance an improvement project or
188	196		service using money available to the district, or contract with a
189	197		governmental or private entity to provide, design, construct,
190	198		acquire, improve, relocate, operate, maintain, or finance an
191	199		improvement project or service authorized under this chapter or
192	200		Chapter 375, Local Government Code.
193	201		Sec. 3976.0303. LOCATION OF IMPROVEMENT PROJECT. A
194	202		district improvement project may be located inside or outside of
195	203		the district.
196	204		Sec. 3976.0304. OWNERSHIP OF IMPROVEMENT PROJECTS. (a)
197	205		Before a district improvement project may be put into operation,
198	206		the district must transfer ownership of the project:
199	207		(1) if the project is a water and sewer improvement
200	208		project, to the Galveston County Water Control and Improvement
201	209		District No. 12; or
202	210		(2) if the project is not described by Subdivision
203	211		(1), to the city.
204	212		(b) The transfer of ownership is complete on the applicable
205	213		entity's acceptance of ownership.
206	214		Sec. 3976.0305. RETAIL WATER AND SEWER SERVICES PROHIBITED.
207	215		The district may not provide retail water or sewer services.
208	216		Sec. 3976.0306. ADDING OR REMOVING TERRITORY. (a) Subject
209	217		to Subsection (b), the board may add or remove territory as provided
210	218		by Subchapter J, Chapter 49, Water Code.
211	219		(b) The district may add territory as described by
212	220		Subsection (a) only if the governing body of the city by ordinance
213	221		or resolution consents to the addition.
214	222		Sec. 3976.0307. NO EMINENT DOMAIN POWER. The district may
215	223		not exercise the power of eminent domain.
216	224		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
217	225		Sec. 3976.0401. DISBURSEMENTS AND TRANSFERS OF MONEY. The
218	226		board by resolution shall establish the number of directors'
219	227		signatures and the procedure required for a disbursement or
220	228		transfer of the district's money.
221	229		Sec. 3976.0402. MONEY USED FOR IMPROVEMENTS OR SERVICES.
222	230		The district may acquire, construct, or finance an improvement
223	231		project or service authorized by this chapter or Chapter 375, Local
224	232		Government Code, using any money available to the district.
225	233		Sec. 3976.0403. METHOD OF NOTICE FOR HEARING. The district
226	234		may mail the notice required by Section 375.115(c), Local
227	235		Government Code, by certified or first class United States mail.
228	236		The board shall determine the method of notice.
229	237		Sec. 3976.0404. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
230	238		The board by resolution may impose and collect an assessment for any
231	239		purpose authorized by this chapter in all or any part of the
232	240		district.
233	241		(b) An assessment, a reassessment, or an assessment
234	242		resulting from an addition to or correction of the assessment roll
235	243		by the district, penalties and interest on an assessment or
236	244		reassessment, an expense of collection, and reasonable attorney's
237	245		fees incurred by the district are:
238	246		(1) a first and prior lien against the property
239	247		assessed;
240	248		(2) superior to any other lien or claim other than a
241	249		lien or claim for county, school district, or municipal ad valorem
242	250		taxes; and
243	251		(3) the personal liability of and a charge against the
244	252		owners of the property even if the owners are not named in the
245	253		assessment proceedings.
246	254		(c) The lien is effective from the date of the board's
247	255		resolution imposing the assessment until the date the assessment is
248	256		paid.
249	257		(d) The board may make a correction to or deletion from the
250	258		assessment roll that does not increase the amount of assessment of
251	259		any parcel of land without providing notice and holding a hearing in
252	260		the manner required for additional assessments.
253	261		(e) The district may not impose an assessment on a
254	262		municipality, county, or other political subdivision.
255	263		Sec. 3976.0405. NOTICE OF ASSESSMENTS. Annually, the board
256	264		shall file with the secretary of the city written notice that
257	265		specifies the assessments the district will impose in the
258	266		district's next fiscal year in sufficient clarity to describe the
259	267		assessments for the operation and maintenance of the district and
260	268		the assessments for the payment of debt service of obligations
261	269		issued or incurred by the district.
262	270		SUBCHAPTER E. TAXES AND BONDS
263	271		Sec. 3976.0501. BONDS AND OTHER OBLIGATIONS. (a) The
264	272		district may issue, by public or private sale, bonds, notes, or
265	273		other obligations payable wholly or partly from ad valorem taxes or
266	274		assessments in the manner provided by Subchapter A, Chapter 372, or
267	275		Subchapter J, Chapter 375, Local Government Code. Sections
268	276		375.207(a) and (b), Local Government Code, do not apply to the
269	277		district.
270	278		(b) In exercising the district's borrowing power, the
271	279		district may issue a bond or other obligation in the form of a bond,
272	280		note, certificate of participation or other instrument evidencing a
273	281		proportionate interest in payments to be made by the district, or
274	282		other type of obligation.
275	283		(c) In addition to the sources of money described by
276	284		Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
277	285		Government Code, district bonds may be secured and made payable
278	286		wholly or partly by a pledge of any part of the money the district
279	287		receives from improvement revenue or from any other source.
280	288		(d) Not later than the 30th day before the date the district
281	289		holds a bond sale, the district shall provide the governing body of
282	290		the city written notice of the sale.
283	291		Sec. 3976.0502. TAXES FOR WATER, WASTEWATER, AND DRAINAGE
284	292		PURPOSES. Taxes the district imposes for water, wastewater, and
285	293		drainage facility construction, if any, are for the particular
286	294		benefit of the area inside the district, do not generally or
287	295		directly benefit the area inside the Galveston County Water Control
288	296		and Improvement District No. 12 as a whole, and do not duplicate a
289	297		tax imposed by the Galveston County Water Control and Improvement
290	298		District No. 12.
291	299		SUBCHAPTER F. DISSOLUTION
292	300		Sec. 3976.0601. DISSOLUTION BY CITY ORDINANCE. (a) The
293	301		governing body of the city may dissolve the district by ordinance.
294	302		(b) The governing body of the city may not dissolve the
295	303		district until water, sanitary, sewer, and drainage improvements
296	304		and roads have been constructed to serve at least 90 percent of the
297	305		developable territory of the district.
298	306		(c) Until the district is dissolved, the district is
299	307		responsible for all bonds and other obligations of the district.
300	308		Sec. 3976.0602. COLLECTION OF ASSESSMENTS AND OTHER
301	309		REVENUE. (a) If the dissolved district has bonds or other
302	310		obligations outstanding secured by and payable from assessments or
303	311		other revenue, other than revenue from ad valorem taxes, the city
304	312		shall succeed to the rights and obligations of the district
305	313		regarding enforcement and collection of the assessments or other
306	314		revenue.
307	315		(b) The city shall have and exercise all district powers to
308	316		enforce and collect the assessments or other revenue to pay:
309	317		(1) the bonds or other obligations when due and
310	318		payable according to their terms; or
311	319		(2) special revenue or assessment bonds or other
312	320		obligations issued by the city to refund the outstanding bonds or
313	321		obligations.
314	322		Sec. 3976.0603. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
315	323		After the city dissolves the district, the city assumes, subject to
316	324		the appropriation and availability of funds, the obligations of the
317	325		district, including any bonds or other debt payable from
318	326		assessments or other district revenue.
319	327		(b) If the city dissolves the district, the board shall
320	328		transfer ownership of all district property to the city.
321	329		SUBCHAPTER G. SPECIAL BOND PROVISIONS
322	330		Sec. 3976.0701. APPLICABILITY. This subchapter applies
323	331		only to bonds payable wholly or partly from revenue derived from
324	332		assessments on real property in the district.
325	333		Sec. 3976.0702. CONFLICT OF LAWS. In the event of a
326	334		conflict between this subchapter and any other law, this subchapter
327	335		prevails.
328	336		Sec. 3976.0703. WRITTEN AGREEMENT REGARDING SPECIAL
329	337		APPRAISALS. Before the district may issue bonds, the district and
330	338		any person to whom the board intends that proceeds of the bonds be
331	339		distributed, including the developer, another owner of land in the
332	340		district, and any entity acting as a lender to the developer or
333	341		other landowner for the purpose of a project relating to the
334	342		district, must enter into a written agreement that:
335	343		(1) waives for the term of the agreement the right to a
336	344		special appraisal with respect to taxation by the district under
337	345		Subchapters B, C, D, E, F, and H, Chapter 23, Tax Code; and
338	346		(2) remains in effect for 30 years and is binding on
339	347		the parties, on entities related to or affiliated with the parties,
340	348		and on their successors and assignees.
341	349		Sec. 3976.0704. REQUIREMENTS FOR ADVERTISING BOND ISSUE.
342	350		The district may not advertise for an issuance of bonds until the
343	351		completion of at least 25 percent of the projected value of the
344	352		improvements, including houses and other buildings, that are liable
345	353		for district assessments and necessary to support the district
346	354		bonds.
347	355		Sec. 3976.0705. REQUIREMENTS FOR BOND ISSUE. The district
348	356		may not issue bonds until:
349	357		(1) the district submits to the commission:
350	358		(A) an engineer's report describing the project
351	359		for which the bonds will provide funding, including data, profiles,
352	360		maps, plans, and specifications related to the project; and
353	361		(B) a cash flow analysis to determine the
354	362		projected rate of assessment, which includes the following
355	363		assumptions:
356	364		(i) each ending balance for debt service in
357	365		the analysis is not less than 25 percent of the following year's
358	366		debt service requirement;
359	367		(ii) interest income is only shown on the
360	368		ending balance for debt service for the first two years; and
361	369		(iii) the projected rate of assessment is
362	370		level or decreasing for the life of the bonds issued by the
363	371		district;
364	372		(2) the completion of at least 75 percent of the
365	373		projected value of the improvements, including houses and other
366	374		buildings, that are liable for district assessments and necessary
367	375		to support the district bonds; and
368	376		(3) the district has obtained an independent market
369	377		study from a firm recognized in the area of real estate market
370	378		analysis supporting the development projects for the real property
371	379		that is liable for district assessments and necessary to support
372	380		the district bonds.
373	381		Sec. 3976.0706. REQUIREMENTS FOR COLLECTION OF REVENUE TO
374	382		PAY BONDS. The district may not collect an assessment to be used
375	383		for the payment of bonds until:
376	384		(1) the completion of at least 95 percent of the
377	385		underground water, wastewater, and drainage facilities financed
378	386		from bond proceeds that are necessary to serve the projected
379	387		build-out, as certified by the district's engineer;
380	388		(2) the district or other appropriate party has
381	389		secured the groundwater, surface water, and water discharge permits
382	390		that are necessary to secure capacity to support the projected
383	391		build-out;
384	392		(3) the completion of at least 95 percent of lift
385	393		station, water plant, and sewage treatment plant capacity
386	394		sufficient to serve the connections constructed in the project for
387	395		a period of not less than 18 months, as certified by the district's
388	396		engineer; and
389	397		(4) the completion of at least 95 percent of the
390	398		streets and roads that are necessary to provide access to the areas
391	399		served by utilities and financed by the proceeds of bonds issued by
392	400		the district, as certified by the district's engineer and
393	401		constructed in accordance with municipal or county standards.
394	402		SECTION 2. The City of Kemah Municipal Management District
395	403		No. 1 initially includes all the territory contained in the
396	404		following area:
397	405		Metes and Bounds Description
398	406		61.7448 Acres
399	407		(2,689,603 Square Feet)
400	408		All that certain 61.7448 acre (2,689,603 square foot) tract
401	409		of land situated in the Miguel Muldoon 2 League Grant, Abstract
402	410		Number 18, Galveston County, Texas, and being out of a part of that
403	411		certain call 93 acre tract described in a deed to Solomen J. Gordy
404	412		in Volume 485, Page 475, of the Galveston County Deed Records
405	413		(G.C.D.R.), said 61,7448 acre tract being more particularly
406	414		described by metes and bounds as follows: (All bearings are based
407	415		on the Texas State Plane Coordinate System, South Central Zone
408	416		Commending at a 5/8 inch iron rod with plastic cap stamped
409	417		"BENCHMARK ENGR." Set in the recognized southerly line of the said
410	418		Muldoon 2, League Grant and said 93 acre tract for the southwest
411	419		corner of that certain call 10l.709 acre tract described in a deed
412	420		to Houston Lighting and Power (H.L.&P.) Company in Volume 1563,
413	421		Page 669, of the GC.D.R., same being in the northerly line of a call
414	422		639.740 acre tract described in a deed to Weems, Kelsey Management
415	423		Company No. 2 LTD. in Volume 2252, Page 880, of the G.C.D.R., for
416	424		the southeast corner of the herein described tract;
417	425		Thence, with the northerly line of said 639.740 acre tract
418	426		and the southerly line of said 93 acre tract and the herein
419	427		described tract, South 47 Degrees 33 Minutes 12 Seconds West, a
420	428		distance of 1175.93 feet to a 5/8 inch iron rod with plastic cap
421	429		stamped "BENCHMARK ENGR." set for the most southerly southeast
422	430		corner and Point of Beginning of the herein described tract;
423	431		Thence, continuing along the northerly line of said 639.740
424	432		acre tract and southerly line of said 93 acre tract an the herein
425	433		described tract, South 47 Degrees 33 Minutes 12 Seconds West, at
426	434		522.87 feet pass a 5/8 inch iron rod with a Texas Department of
427	435		Transportation (TXDOT) aluminum disk found for the intersection of
428	436		the southerly line of said 93 acre tract with the northerly
429	437		right-of-way (R.O.W.) line and point of curvature of State Highway
430	438		Number 96 (SH96), and continue, in all, a distance of 1145.99 feet
431	439		to a 5/8 inch iron rod with plastic cap stamp "BENCHMARK ENGR." set
432	440		in the northerly R.O.W. line of said SH96 for the southwest corner
433	441		of said 93 acre tract and the herein described tract;
434	442		Thence, departing at the northerly R.O.W. line of said SH96,
435	443		and with the westerly line of said 93 acre tract and the herein
436	444		described tract, North 42 Degrees 25 Minutes 43 Seconds West, a
437	445		distance for 1501.14 feet to a 5/8 inch iron rod with plastic cap
438	446		stamped "BENCHMARK ENGR." set for the southwest corner of a call
439	447		57,1644 acre tract described in a deed to Galveston County, Texas in
440	448		Galveston County Clerk's File (G.C.C.F.) Number 9041097 and the
441	449		northwest corner of said 93 acre tract and the herein described
442	450		tract;
443	451		Thence, with the southerly line of said 57.1644 acre tract
444	452		and the northerly line of said 93 acre tract and the herein
445	453		described tract, North 47 Degrees 34 Minutes 46 Seconds East, at
446	454		1792.35 feet pass a 1/2 inch iron rod found for the southeast corner
447	455		of said 57.1644 acre tract and the southwest corner of a call 43.41
448	456		acre tract described in a partition deed to E.T. Roberts by Susan L.
449	457		Roberts, et al, in Vol. 269, Page 581, of the G.CD.R., and continue,
450	458		in all, a distance of 2677.36 feet to a 5/8 inch iron rod with
451	459		plastic stamped "BENCHMARK ENGR." Set for the northwest corner of
452	460		said 10.709 acre tract, same being the southwest corner of a call
453	461		9.742 acre tract described in a deed to H.L.&P. Company in Volume
454	462		1587, Page 258, of the G.C.D.R., and the northeast corner of the
455	463		herein described tract;
456	464		Thence, through and across said 93 acre tract the following
457	465		(5) courses:
458	466		(1) South 29 Degrees 05 Minutes 53 Seconds East, a
459	467		distance of 753.67 feet to a 5/8 inch iron rod with plastic cap
460	468		stamped "BENCHMARK ENGR." set in the westerly line of said 10.709
461	469		acre tract for the most easterly southeast corner;
462	470		(2) South 60 Degrees 54 Minutes 07 Second West, a
463	471		distance of 800.09 feet to a 5/8 inch iron rod with plastic cap
464	472		stamped "BENCHMARK ENGR." set for an interior corner;
465	473		(3) South 29 Degrees 05 Minutes 53 Seconds East, a
466	474		distance of 129.82 feet a 5/8 inch iron rod with plastic cap stamped
467	475		"BENCHMARK ENGR." set for an interior corner;
468	476		(4) South 52 Degrees 02 Minutes 24 Seconds West, a
469	477		distance of 483.16 feet to a 5/8 inch iron rod with plastic cap
470	478		stamped "BENCHMARK ENGR." set for an interior corner;
471	479		(5) South 37 Degrees 57 Minutes 36 Seconds East, a
472	480		distance of 865.47 feet to the Point of Beginning and containing
473	481		61.7448 acres of land.
474	482		Metes and Bounds Description
475	483		0.0818 Acres
476	484		(3562Square Feet)
477	485		All that certain 0.0818 acre (3562 square foot) tract of land
478	486		situated in the Rafael Basque Survey, Abstract Number 32, Galveston
479	487		County, Texas, and being out of a part of that certain call 639.740
480	488		acre tract described in a deed to Weems & Kelsey Management Company
481	489		No. 2, LTD. in Volume 2253, Page 880 of the Galveston County Deed
482	490		Records (G.C.D.R.), said 0.0818 acre tract being more particularly
483	491		described by metes and bounds as follows: (All bearings are based
484	492		on the Texas State Plane Coordinate System, South Central Zone)
485	493		Commencing at a 5/8 inch iron rod with ah "Texas Department of
486	494		Transportation (TXDOT) aluminum disk found at the intersection of
487	495		the northerly right-of-way (R.O.W.) line of State Highway 96
488	496		(SH96), as described in Galveston County Clerk's File (G.C.C.F.)
489	497		Number 2003036995, with the westerly R.O.W. line of a 100 feet wide
490	498		Southern Pacific Railroad R.O.W. line, and also being in the
491	499		easterly line of said 639.74 acre tract and the easterly line of a
492	500		300 foot wide Houston Lighting and Power (H.L.&P.) Company easement
493	501		recorded in Volume 1579, Page 594, of the G.C.D.R.;
494	502		Thence, with the northerly R.O.W. line of said SH96, South 60
495	503		Degrees 51 Minutes 34 Seconds West, at 300.00 feet pass a 5/8 inch
496	504		iron rod with plastic cap stamped "BENECHMARK ENGR." set at the
497	505		intersection of the westerly R.O.W. line of said 300 foot H.L.&P.
498	506		easement with the northerly R.O.W. line of said SH96, and continue,
499	507		in all, a distance of 419.45 to a 5/8 inch iron rod with plastic cap
500	508		stamped "BENCHMARK ENGR." set for the beginning of a curve to the
501	509		left, and from which a 5/8 inch iron rod with a TXDOT aluminum disk
502	510		found bears South 81 Degrees 54 Minutes 10 Seconds West, a distance
503	511		of 0.44 feet;
504	512		Thence, 1025.66 feet along the arc of said curve to the left
505	513		having a radius of 6663.37 feet, a central angle of 08 Degrees 49
506	514		Minutes 09 Seconds, and a chord that bears South 56 Degrees 26
507	515		Minutes 59 Seconds West, a distance of 1024.65 to a 5/8 inch iron
508	516		rod with plastic cap stamped "BENECHMARK ENGR." set for the
509	517		southwest corner and Point of Beginning for the herein described
510	518		tract;
511	519		Thence, 521.80 feet continuing along the arc of said curve to
512	520		the left having a radius of 6663.37 feet, a central angle of 04
513	521		Degrees 29 Minutes 12 Seconds, and a chord that bears South 49
514	522		Degrees 47 Minutes 48 Seconds West, a distance of 521,66 feet to a
515	523		5/8 inch iron rod with a TXDOT aluminum disk found in the northerly
516	524		line of said 639.740 acre tract, the southerly line of a call 93 are
517	525		tract described in a deed to Solomon J. Gardy in Volume 485, Page
518	526		75, of the G.C.D.R., and the recognized common line of the said
519	527		Basquez Survey and the Michael Muldon 2 League Grant, Abstract
520	528		Number 18, for the end of said curve and the west corner of the
521	529		herein described tract.
522	530		Thence, with a said common survey line, the northerly line of
523	531		said 639.740 acre tract and the southerly line of said 93 acre
524	532		tract, North 47 Degrees 33 Minutes 12 Seconds East, a distance of
525	533		522.87 feet to a 5/8 inch iron rod with plastic cap stamped
526	534		"BENECHMARK ENGR." set for the northeast corner of the herein
527	535		described tract;
528	536		Thence, through and across said 639.740 acre tract, South 37
529	537		Degrees 57 Minutes 36 Seconds East, a distance of 20.48 feet to the
530	538		Point of Beginning.
531	539		Metes and Bounds Description
532	540		27.0000 Acres
533	541		(1,176,121 Square Feet)
534	542		All that certain 27.0000 acre (1,176,121 square foot) tract
535	543		of land situated in the Miguel Muldoon 2 League Grant, Abstract
536	544		Number 18, and the Rafael Basquez Survey, Abstract Number 32, both
537	545		in Galveston County, Texas, and being out of a part of that certain
538	546		call 93 acre tract described in a deed to Solomon J. Gordy in Volume
539	547		485, Page 475, of the Galveston County Deed Records (G.C.D.R.), and
540	548		further cited in a Special Warranty Deed dated March 5, 2001 and
541	549		recorded in Galveston County Clerk's File (G.C.C.F.) Number
542	550		2001010526, said 27.0000 acre tract being more particularly
543	551		described by metes and bounds as follows: (All bearings are based
544	552		on the Texas State Plane Coordinate System, South Central Zone)
545	553		Commencing at a 5/8 inch iron rod with a Texas Department of
546	554		Transportation (TXDOT) aluminum disk found at the intersection of
547	555		the north right-of-way (R.O.W.) line of State Highway 96 with the
548	556		west R.O.W. line of a 100 foot wide Southern Pacific Railroad R.O.W.
549	557		line, and also being in the east line of that certain call 639.74
550	558		acre tract described in a deed to Weems & Kelsey Management Company
551	559		No. 2, LTD. in Volume 2253, Page 880 of the G.C.D.R., and the east
552	560		line of a 388 foot wide Houston Lighting and Power (H.L.&P.) Company
553	561		easement recorded in Volume 1579, Page 594, of the G.C.D.R.;
554	562		Thence, with the north R.O.W. line of said State Highway 96,
555	563		South 60 Degrees 51 Minutes 34 Seconds West, a distance of 300.00
556	564		feet to a 5/8 inch iron rod with plastic cap stamped "BENCHMARK
557	565		ENGR." set in the west R.O.W. line of said 300 foot H.L.&P. easement
558	566		for the southeast corner and Point of Beginning of the herein
559	567		described tract;
560	568		Thence, continuing with the north R.O.W. line of said State
561	569		Highway 96 and the south line of the herein described tract, South
562	570		60 Degrees 51 Minutes 34 Seconds West, a distance of 119.45 feet to
563	571		a 5/8 inch iron rod with plastic cap stamped "BENCHMARK ENGR." set
564	572		for the beginning of a curve to the left and from which a 5/8 inch
565	573		rod with a TXDOT aluminum disk found bears South 81 Degrees 54
566	574		Minutes 10 Seconds West, a distance of 0.44 feet;
567	575		Thence, 1025.66 feet along the arc of said curve to the left
568	576		having a radius of 6663.37 feet, a central angle of 08 Degrees 49
569	577		Minutes 09 Seconds, and a chord that bears South 56 Degrees 26
570	578		Minutes 59 Seconds West, a distance of 1024.65 feet to a 5/8 inch
571	579		iron rod with plastic cap stamped "BENCHMARK ENGR." set for the
572	580		southwest corner of the herein described tract;
573	581		Thence, departing the north R.O.W. line of said State Highway
574	582		96, and through and acres said 93 acre tract, the following four (4)
575	583		courses:
576	584		1) North 37 Degrees 57 Minutes 36 Seconds West, a
577	585		distance of 885.96 feet to a 5/8 inch iron rod with plastic cap
578	586		stamped "BENCHMARK ENGR." set for the northwest corner;
579	587		2) North 52 Degrees 02 Minutes 24 Seconds East, a
580	588		distance of 483.16 feet to a 5/8 inch iron rod with plastic cap
581	589		stamped "BENCHMARK ENGR." set for an interior corner;
582	590		3) North 29 Degrees 05 Minutes 53 Seconds West, a
583	591		distance of 129.82 feet to 5/8 inch iron rod with plastic cap
584	592		stamped "BENCHMARK ENGR." set for an interior corner;
585	593		4) North 60 Degrees 54 Minutes 07 Secnds East, a
586	594		distance of 800.09 feet to a 5/8 inch iron rod with plastic cap
587	595		stamped "BENCHMARK ENGR." set in the west line of a call 10.709
588	596		Houston Power and Light (H.L.&P.) acre fee strip for the northeast
589	597		corner of the herein described tract;
590	598		Thence, with the west line of said H.L.&P. Fee strip and the
591	599		east line of the herein described tract, South 29 Degrees 05 Minutes
592	600		53 Seconds Eat, at 787.90 feet pass the southwest corner of said
593	601		10.709 acre tract and the northwest corner of said H.L.&P. 330 foot
594	602		wide easement and continue, in all, a distance of 1000.00 feet to
595	603		the Point of Beginning and containing 27.0000 acres of land.
596	604		SECTION 3. (a) The legal notice of the intention to
597	605		introduce this Act, setting forth the general substance of this
598	606		Act, has been published as provided by law, and the notice and a
599	607		copy of this Act have been furnished to all persons, agencies,
600	608		officials, or entities to which they are required to be furnished
601	609		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
602	610		Government Code.
603	611		(b) The governor, one of the required recipients, has
604	612		submitted the notice and Act to the Texas Commission on
605	613		Environmental Quality.
606	614		(c) The Texas Commission on Environmental Quality has filed
607	615		its recommendations relating to this Act with the governor,
608	616		lieutenant governor, and speaker of the house of representatives
609	617		within the required time.
610	618		(d) All requirements of the constitution and laws of this
611	619		state and the rules and procedures of the legislature with respect
612	620		to the notice, introduction, and passage of this Act have been
613	621		fulfilled and accomplished.
614	622		SECTION 4. This Act takes effect September 1, 2019.
615		-	______________________________ ______________________________
616		-	President of the Senate Speaker of the House
617		-	I certify that H.B. No. 4637 was passed by the House on May 3,
618		-	2019, by the following vote: Yeas 127, Nays 13, 2 present, not
619		-	voting; and that the House concurred in Senate amendments to H.B.
620		-	No. 4637 on May 23, 2019, by the following vote: Yeas 128, Nays 13,
621		-	1 present, not voting.
622		-	______________________________
623		-	Chief Clerk of the House
624		-	I certify that H.B. No. 4637 was passed by the Senate, with
625		-	amendments, on May 21, 2019, by the following vote: Yeas 29, Nays
626		-	2.
627		-	______________________________
628		-	Secretary of the Senate
629		-	APPROVED: __________________
630		-	Date
631		-	__________________
632		-	Governor
	623	+	* * * * *