Texas 2019 - 86th Regular

Texas House Bill HB4657 Compare Versions

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1-H.B. No. 4657
1+By: Bell of Montgomery (Senate Sponsor - Creighton) H.B. No. 4657
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 17, 2019, reported adversely,
5+ with favorable Committee Substitute by the following vote: Yeas 7,
6+ Nays 0; May 17, 2019, sent to printer.)
7+Click here to see the committee vote
8+ COMMITTEE SUBSTITUTE FOR H.B. No. 4657 By: Menéndez
29
310
11+ A BILL TO BE ENTITLED
412 AN ACT
513 relating to the creation of the Montgomery County Management
614 District No. 1; providing authority to issue bonds; providing
715 authority to impose assessments, fees, and taxes.
816 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
917 SECTION 1. Subtitle C, Title 4, Special District Local Laws
1018 Code, is amended by adding Chapter 3979 to read as follows:
1119 CHAPTER 3979. MONTGOMERY COUNTY MANAGEMENT DISTRICT NO. 1
1220 SUBCHAPTER A. GENERAL PROVISIONS
1321 Sec. 3979.0101. DEFINITIONS. In this chapter:
1422 (1) "Board" means the district's board of directors.
1523 (2) "Commission" means the Texas Commission on
1624 Environmental Quality.
1725 (3) "County" means Montgomery County.
1826 (4) "Director" means a board member.
1927 (5) "District" means the Montgomery County Management
2028 District No. 1.
2129 Sec. 3979.0102. CREATION AND NATURE OF DISTRICT; IMMUNITY.
2230 (a) The district is a special district created under Section 59,
2331 Article XVI, Texas Constitution.
2432 (b) The district is a governmental unit, as provided by
2533 Section 375.004, Local Government Code.
2634 (c) This chapter does not waive any governmental or
2735 sovereign immunity from suit, liability, or judgment that would
2836 otherwise apply to the district.
2937 Sec. 3979.0103. PURPOSE; DECLARATION OF INTENT. (a) The
3038 creation of the district is essential to accomplish the purposes of
3139 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
3240 Texas Constitution, and other public purposes stated in this
3341 chapter.
3442 (b) By creating the district, the legislature has
3543 established a program to accomplish the public purposes set out in
3644 Sections 52 and 52-a, Article III, Texas Constitution.
3745 (c) The creation of the district is necessary to promote,
3846 develop, encourage, and maintain employment, commerce,
3947 transportation, housing, tourism, recreation, the arts,
4048 entertainment, economic development, safety, and the public
4149 welfare in the district.
4250 (d) This chapter and the creation of the district may not be
4351 interpreted to relieve the county or a municipality from providing
4452 the level of services provided as of the effective date of the Act
4553 enacting this chapter to the area in the district. The district is
4654 created to supplement and not to supplant county or municipal
4755 services provided in the district.
4856 Sec. 3979.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
4957 (a) All land and other property included in the district will
5058 benefit from the improvements and services to be provided by the
5159 district under powers conferred by Sections 52 and 52-a, Article
5260 III, and Section 59, Article XVI, Texas Constitution, and other
5361 powers granted under this chapter.
5462 (b) The district is created to serve a public use and
5563 benefit.
5664 (c) The creation of the district is in the public interest
5765 and is essential to further the public purposes of:
5866 (1) developing and diversifying the economy of the
5967 state;
6068 (2) eliminating unemployment and underemployment; and
6169 (3) developing or expanding transportation and
6270 commerce.
6371 (d) The district will:
6472 (1) promote the health, safety, and general welfare of
6573 residents, employers, potential employees, employees, visitors,
6674 and consumers in the district, and of the public;
6775 (2) provide needed funding for the district to
6876 preserve, maintain, and enhance the economic health and vitality of
6977 the district territory as a community and business center;
7078 (3) promote the health, safety, welfare, and enjoyment
7179 of the public by providing pedestrian ways, road facilities,
7280 transit facilities, parking facilities, recreational facilities,
7381 and public art objects and by landscaping and developing certain
7482 areas in the district, which are necessary for the restoration,
7583 preservation, and enhancement of scenic beauty; and
7684 (4) provide for water, wastewater, and drainage
7785 facilities for the district.
7886 (e) Pedestrian ways along or across a street, whether at
7987 grade or above or below the surface, and street lighting, street
8088 landscaping, parking, and street art objects are parts of and
8189 necessary components of a street and are considered to be a street
8290 or road improvement.
8391 (f) The district will not act as the agent or
8492 instrumentality of any private interest even though the district
8593 will benefit many private interests as well as the public.
8694 Sec. 3979.0105. INITIAL DISTRICT TERRITORY. (a) The
8795 district is initially composed of the territory described by
8896 Section 2 of the Act enacting this chapter.
8997 (b) The boundaries and field notes contained in Section 2 of
9098 the Act enacting this chapter form a closure. A mistake in the
9199 field notes or in copying the field notes in the legislative process
92100 does not affect the district's:
93101 (1) organization, existence, or validity;
94102 (2) right to issue any type of bonds for the purposes
95103 for which the district is created or to pay the principal of and
96104 interest on the bonds;
97105 (3) right to impose or collect an assessment or tax; or
98106 (4) legality or operation.
99107 Sec. 3979.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
100108 All or any part of the area of the district is eligible to be
101109 included in:
102110 (1) a tax increment reinvestment zone created under
103111 Chapter 311, Tax Code;
104112 (2) a tax abatement reinvestment zone created under
105113 Chapter 312, Tax Code;
106114 (3) an enterprise zone created under Chapter 2303,
107115 Government Code; or
108116 (4) an industrial district created under Chapter 42,
109117 Local Government Code.
110118 Sec. 3979.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
111119 DISTRICTS LAW. Except as otherwise provided by this chapter,
112120 Chapter 375, Local Government Code, applies to the district.
113121 Sec. 3979.0108. LIBERAL CONSTRUCTION OF CHAPTER. This
114122 chapter shall be liberally construed in conformity with the
115123 findings and purposes stated in this chapter.
116124 Sec. 3979.0109. CONFLICTS OF LAW. This chapter prevails
117125 over any provision of general law, including a provision of Chapter
118126 375, Local Government Code, or Chapter 49, Water Code, that is in
119127 conflict or inconsistent with this chapter.
120128 SUBCHAPTER B. BOARD OF DIRECTORS
121129 Sec. 3979.0201. GOVERNING BODY; TERMS. (a) The district is
122130 governed by a board of five directors elected or appointed as
123131 provided by this chapter and Subchapter D, Chapter 49, Water Code.
124132 (b) Except as provided by Section 3979.0203, directors
125133 serve staggered four-year terms.
126134 Sec. 3979.0202. COMPENSATION. A director is entitled to
127135 receive fees of office and reimbursement for actual expenses as
128136 provided by Section 49.060, Water Code. Sections 375.069 and
129137 375.070, Local Government Code, do not apply to the board.
130138 Sec. 3979.0203. TEMPORARY DIRECTORS. (a) On or after the
131139 effective date of the Act enacting this chapter, the owner or owners
132140 of a majority of the assessed value of the real property in the
133141 district according to the most recent certified tax appraisal roll
134142 for the county may submit a petition to the commission requesting
135143 that the commission appoint as temporary directors the five persons
136144 named in the petition. The commission shall appoint as temporary
137145 directors the five persons named in the petition.
138146 (b) The temporary directors shall hold an election to elect
139147 five permanent directors as provided by Section 49.102, Water Code.
140148 (c) Temporary directors serve until the earlier of:
141149 (1) the date permanent directors are elected under
142150 Subsection (b); or
143151 (2) the fourth anniversary of the effective date of
144152 the Act enacting this chapter.
145153 (d) If permanent directors have not been elected under
146154 Subsection (b) and the terms of the temporary directors have
147155 expired, successor temporary directors shall be appointed or
148156 reappointed as provided by Subsection (e) to serve terms that
149157 expire on the earlier of:
150158 (1) the date permanent directors are elected under
151159 Subsection (b); or
152160 (2) the fourth anniversary of the date of the
153161 appointment or reappointment.
154162 (e) If Subsection (d) applies, the owner or owners of a
155163 majority of the assessed value of the real property in the district
156164 according to the most recent certified tax appraisal roll for the
157165 county may submit a petition to the commission requesting that the
158166 commission appoint as successor temporary directors the five
159167 persons named in the petition. The commission shall appoint as
160168 successor temporary directors the five persons named in the
161169 petition.
162170 Sec. 3979.0204. DISQUALIFICATION OF DIRECTORS. Section
163171 49.052, Water Code, applies to the members of the board.
164172 SUBCHAPTER C. POWERS AND DUTIES
165173 Sec. 3979.0301. GENERAL POWERS AND DUTIES. The district
166174 has the powers and duties necessary to accomplish the purposes for
167175 which the district is created.
168176 Sec. 3979.0302. IMPROVEMENT PROJECTS AND SERVICES. (a)
169177 The district, using any money available to the district for the
170178 purpose, may provide, design, construct, acquire, improve,
171179 relocate, operate, maintain, or finance an improvement project or
172180 service authorized under this chapter or Chapter 375, Local
173181 Government Code.
174182 (b) The district may contract with a governmental or private
175183 entity to carry out an action under Subsection (a).
176184 (c) The implementation of a district project or service is a
177185 governmental function or service for the purposes of Chapter 791,
178186 Government Code.
179187 Sec. 3979.0303. RECREATIONAL FACILITIES. The district may
180188 develop or finance recreational facilities as authorized by Chapter
181189 375, Local Government Code, Sections 52 and 52-a, Article III,
182190 Texas Constitution, Section 59, Article XVI, Texas Constitution,
183191 and any other law that applies to the district.
184192 Sec. 3979.0304. AUTHORITY FOR ROAD PROJECTS. Under Section
185193 52, Article III, Texas Constitution, the district may own, operate,
186194 maintain, design, acquire, construct, finance, issue bonds, notes,
187195 or other obligations for, improve, and convey to this state, a
188196 county, or a municipality for ownership, operation, and maintenance
189197 macadamized, graveled, or paved roads or improvements, including
190198 storm drainage, in aid of those roads.
191199 Sec. 3979.0305. CONVEYANCE AND APPROVAL OF ROAD PROJECT.
192200 (a) The district may convey a road project authorized by Section
193201 3979.0304 to:
194202 (1) a municipality or county that will operate and
195203 maintain the road if the municipality or county has approved the
196204 plans and specifications of the road project; or
197205 (2) the state if the state will operate and maintain
198206 the road and the Texas Transportation Commission has approved the
199207 plans and specifications of the road project.
200208 (b) Except as provided by Subsection (c), the district shall
201209 operate and maintain a road project authorized by Section 3979.0304
202210 that the district implements and does not convey to a municipality,
203211 a county, or this state under Subsection (a).
204212 (c) The district may agree in writing with a municipality, a
205213 county, or this state to assign operation and maintenance duties to
206214 the district, the municipality, the county, or this state in a
207215 manner other than the manner described in Subsections (a) and (b).
208216 Sec. 3979.0306. NONPROFIT CORPORATION. (a) The board by
209217 resolution may authorize the creation of a nonprofit corporation to
210218 assist and act for the district in implementing a project or
211219 providing a service authorized by this chapter.
212220 (b) The nonprofit corporation:
213221 (1) has each power of and is considered to be a local
214222 government corporation created under Subchapter D, Chapter 431,
215223 Transportation Code; and
216224 (2) may implement any project and provide any service
217225 authorized by this chapter.
218226 (c) The board shall appoint the board of directors of the
219227 nonprofit corporation. The board of directors of the nonprofit
220228 corporation shall serve in the same manner as the board of directors
221229 of a local government corporation created under Subchapter D,
222230 Chapter 431, Transportation Code, except that a board member is not
223231 required to reside in the district.
224232 Sec. 3979.0307. LAW ENFORCEMENT SERVICES. Section 49.216,
225233 Water Code, applies to the district.
226234 Sec. 3979.0308. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
227235 The district may join and pay dues to a charitable or nonprofit
228236 organization that performs a service or provides an activity
229237 consistent with the furtherance of a district purpose.
230238 Sec. 3979.0309. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
231239 district may engage in activities that accomplish the economic
232240 development purposes of the district.
233241 (b) The district may establish and provide for the
234242 administration of one or more programs to promote state or local
235243 economic development and to stimulate business and commercial
236244 activity in the district, including programs to:
237245 (1) make loans and grants of public money; and
238246 (2) provide district personnel and services.
239247 (c) The district may create economic development programs
240248 and exercise the economic development powers that:
241249 (1) Chapter 380, Local Government Code, provides to a
242250 municipality; and
243251 (2) Subchapter A, Chapter 1509, Government Code,
244252 provides to a municipality.
245253 Sec. 3979.0310. STRATEGIC PARTNERSHIP AGREEMENT. The
246254 district may negotiate and enter into a written strategic
247255 partnership agreement with a municipality under Section 43.0751,
248256 Local Government Code.
249257 Sec. 3979.0311. REGIONAL PARTICIPATION AGREEMENT. The
250258 district may negotiate and enter into a written regional
251259 participation agreement with a municipality under Section 43.0754,
252260 Local Government Code.
253261 Sec. 3979.0312. PARKING FACILITIES. (a) The district may
254262 acquire, lease as lessor or lessee, construct, develop, own,
255263 operate, and maintain parking facilities or a system of parking
256264 facilities, including lots, garages, parking terminals, or other
257265 structures or accommodations for parking motor vehicles off the
258266 streets and related appurtenances.
259267 (b) The district's parking facilities serve the public
260268 purposes of the district and are owned, used, and held for a public
261269 purpose even if leased or operated by a private entity for a term of
262270 years.
263271 (c) The district's parking facilities are parts of and
264272 necessary components of a street and are considered to be a street
265273 or road improvement.
266274 (d) The development and operation of the district's parking
267275 facilities may be considered an economic development program.
268276 Sec. 3979.0313. ADDING OR EXCLUDING LAND. (a) The district
269277 may add land as provided by Subchapter J, Chapter 49, Water Code.
270278 (b) The district may exclude land as provided by Subchapter
271279 J, Chapter 49, Water Code. Section 375.044(b), Local Government
272280 Code, does not apply to the district.
273281 (c) The district may include and exclude land as provided by
274282 Sections 54.739-54.747, Water Code. A reference in those sections
275283 to a "tax" means an ad valorem tax for the purposes of this
276284 subsection.
277285 (d) If the district adopts a sales and use tax authorized at
278286 an election held under Section 3979.0602 and subsequently includes
279287 new territory in the district under this section, the district:
280288 (1) is not required to hold another election to
281289 approve the imposition of the sales and use tax in the included
282290 territory; and
283291 (2) shall impose the sales and use tax in the included
284292 territory as provided by Chapter 321, Tax Code.
285293 (e) If the district adopts a sales and use tax authorized at
286294 an election held under Section 3979.0602 and subsequently excludes
287295 territory in the district under this section, the sales and use tax
288296 is inapplicable to the excluded territory, as provided by Chapter
289297 321, Tax Code, but is applicable to the territory remaining in the
290298 district.
291299 Sec. 3979.0314. DISBURSEMENTS AND TRANSFERS OF MONEY. The
292300 board by resolution shall establish the number of directors'
293301 signatures and the procedure required for a disbursement or
294302 transfer of district money.
295303 Sec. 3979.0315. AUDIT EXEMPTION. (a) The district may
296304 elect to complete an annual financial report in lieu of an annual
297305 audit under Section 375.096(a)(6), Local Government Code, if:
298306 (1) the district had no bonds or other long-term (more
299307 than one year) liabilities outstanding during the fiscal period;
300308 (2) the district did not have gross receipts from
301309 operations, loans, taxes, assessments, or contributions in excess
302310 of $250,000 during the fiscal period; and
303311 (3) the district's cash and temporary investments were
304312 not in excess of $250,000 during the fiscal period.
305313 (b) Each annual financial report prepared in accordance
306314 with this section must be open to public inspection and accompanied
307315 by an affidavit signed by a duly authorized representative of the
308316 district attesting to the accuracy and authenticity of the
309317 financial report.
310318 (c) The annual financial report and affidavit shall be
311319 substantially similar in form to the annual financial report and
312320 affidavit forms prescribed by the executive director of the
313321 commission under Section 49.198, Water Code.
314322 Sec. 3979.0316. NO EMINENT DOMAIN POWER. The district may
315323 not exercise the power of eminent domain.
316324 SUBCHAPTER D. ASSESSMENTS
317325 Sec. 3979.0401. PETITION REQUIRED FOR FINANCING SERVICES
318326 AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
319327 service or improvement project with assessments under this chapter
320328 unless a written petition requesting that service or improvement
321329 has been filed with the board.
322330 (b) A petition filed under Subsection (a) must be signed by
323331 the owners of a majority of the assessed value of real property in
324332 the district subject to assessment according to the most recent
325333 certified tax appraisal roll for the county.
326334 Sec. 3979.0402. METHOD OF NOTICE FOR HEARING. The district
327335 may mail the notice required by Section 375.115(c), Local
328336 Government Code, by certified or first class United States mail.
329337 The board shall determine the method of notice.
330338 Sec. 3979.0403. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
331339 The board by resolution may impose and collect an assessment for any
332340 purpose authorized by this chapter in all or any part of the
333341 district.
334342 (b) An assessment, a reassessment, or an assessment
335343 resulting from an addition to or correction of the assessment roll
336344 by the district, penalties and interest on an assessment or
337345 reassessment, an expense of collection, and reasonable attorney's
338346 fees incurred by the district:
339347 (1) are a first and prior lien against the property
340348 assessed;
341349 (2) are superior to any other lien or claim other than
342350 a lien or claim for county, school district, or municipal ad valorem
343351 taxes; and
344352 (3) are the personal liability of and a charge against
345353 the owners of the property even if the owners are not named in the
346354 assessment proceedings.
347355 (c) The lien is effective from the date of the board's
348356 resolution imposing the assessment until the date the assessment is
349357 paid. The board may enforce the lien in the same manner that the
350358 board may enforce an ad valorem tax lien against real property.
351359 (d) The board may make a correction to or deletion from the
352360 assessment roll that does not increase the amount of assessment of
353361 any parcel of land without providing notice and holding a hearing in
354362 the manner required for additional assessments.
355363 SUBCHAPTER E. TAXES AND BONDS
356364 Sec. 3979.0501. TAX ELECTION REQUIRED. The district must
357365 hold an election in the manner provided by Chapter 49, Water Code,
358366 or, if applicable, Chapter 375, Local Government Code, to obtain
359367 voter approval before the district may impose an ad valorem tax.
360368 Sec. 3979.0502. OPERATION AND MAINTENANCE TAX. (a) If
361369 authorized by a majority of the district voters voting at an
362370 election under Section 3979.0501, the district may impose an
363371 operation and maintenance tax on taxable property in the district
364372 in the manner provided by Section 49.107, Water Code, for any
365373 district purpose, including to:
366374 (1) maintain and operate the district;
367375 (2) construct or acquire improvements; or
368376 (3) provide a service.
369377 (b) The board shall determine the operation and maintenance
370378 tax rate. The rate may not exceed the rate approved at the
371379 election.
372380 (c) Section 49.107(h), Water Code, does not apply to the
373381 district.
374382 Sec. 3979.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
375383 BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
376384 terms determined by the board.
377385 (b) The district, by competitive bid or negotiated sale, may
378386 issue bonds, notes, or other obligations payable wholly or partly
379387 from ad valorem taxes, assessments, impact fees, revenue, contract
380388 payments, grants, or other district money, or any combination of
381389 those sources of money, to pay for any authorized district purpose.
382390 (c) The limitation on the outstanding principal amount of
383391 bonds, notes, or other obligations provided by Section 49.4645,
384392 Water Code, does not apply to the district.
385393 Sec. 3979.0504. BONDS SECURED BY REVENUE OR CONTRACT
386394 PAYMENTS. The district may issue, without an election, bonds
387395 secured by:
388396 (1) revenue other than ad valorem taxes, including
389397 contract revenues; or
390398 (2) contract payments, provided that the requirements
391399 of Section 49.108, Water Code, have been met.
392400 Sec. 3979.0505. BONDS SECURED BY AD VALOREM TAXES;
393401 ELECTIONS. (a) If authorized at an election under Section
394402 3979.0501, the district may issue bonds payable from ad valorem
395403 taxes.
396404 (b) Section 375.243, Local Government Code, does not apply
397405 to the district.
398406 (c) At the time the district issues bonds payable wholly or
399407 partly from ad valorem taxes, the board shall provide for the annual
400408 imposition of a continuing direct annual ad valorem tax, without
401409 limit as to rate or amount, for each year that all or part of the
402410 bonds are outstanding as required and in the manner provided by
403411 Sections 54.601 and 54.602, Water Code.
404412 (d) All or any part of any facilities or improvements that
405413 may be acquired by a district by the issuance of its bonds may be
406414 submitted as a single proposition or as several propositions to be
407415 voted on at the election.
408416 Sec. 3979.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
409417 board may not issue bonds until each municipality in whose
410418 corporate limits or extraterritorial jurisdiction the district is
411419 located has consented by ordinance or resolution to the creation of
412420 the district and to the inclusion of land in the district.
413421 (b) This section applies only to the district's first
414422 issuance of bonds payable from ad valorem taxes.
415423 SUBCHAPTER F. SALES AND USE TAX
416424 Sec. 3979.0601. APPLICABILITY OF CERTAIN TAX CODE
417425 PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition,
418426 computation, administration, enforcement, and collection of the
419427 sales and use tax authorized by this subchapter except to the extent
420428 Chapter 321, Tax Code, is inconsistent with this chapter.
421429 (b) A reference in Chapter 321, Tax Code, to a municipality
422430 or the governing body of a municipality is a reference to the
423431 district or the board, respectively.
424432 Sec. 3979.0602. ELECTION; ADOPTION OF TAX. (a) The
425433 district may adopt a sales and use tax if authorized by a majority
426434 of the voters of the district voting at an election held for that
427435 purpose.
428436 (b) The board by order may call an election to authorize the
429437 adoption of the sales and use tax. The election may be held on any
430438 uniform election date and in conjunction with any other district
431439 election.
432440 (c) The ballot shall be printed to provide for voting for or
433441 against the proposition: "Authorization of a sales and use tax in
434442 the Montgomery County Management District No. 1 at a rate not to
435443 exceed ____ percent" (insert rate of one or more increments of
436444 one-eighth of one percent).
437445 Sec. 3979.0603. SALES AND USE TAX RATE. (a) On or after the
438446 date the results are declared of an election held under Section
439447 3979.0602, at which the voters approved imposition of the tax
440448 authorized by this subchapter, the board shall determine and adopt
441449 by resolution or order the initial rate of the tax, which must be in
442450 one or more increments of one-eighth of one percent.
443451 (b) After the election held under Section 3979.0602, the
444452 board may increase or decrease the rate of the tax by one or more
445453 increments of one-eighth of one percent.
446454 (c) The initial rate of the tax or any rate resulting from
447455 subsequent increases or decreases may not exceed the lesser of:
448456 (1) the maximum rate authorized by the district voters
449457 at the election held under Section 3979.0602; or
450458 (2) a rate that, when added to the rates of all sales
451459 and use taxes imposed by other political subdivisions with
452460 territory in the district, would result in the maximum combined
453461 rate prescribed by Section 321.101(f), Tax Code, at any location in
454462 the district.
455463 Sec. 3979.0604. TAX AFTER MUNICIPAL ANNEXATION. (a) This
456464 section applies to the district after a municipality annexes part
457465 of the territory in the district and imposes the municipality's
458466 sales and use tax in the annexed territory.
459467 (b) If at the time of annexation the district has
460468 outstanding debt or other obligations payable wholly or partly from
461469 district sales and use tax revenue, Section 321.102(g), Tax Code,
462470 applies to the district.
463471 (c) If at the time of annexation the district does not have
464472 outstanding debt or other obligations payable wholly or partly from
465473 district sales and use tax revenue, the district may:
466474 (1) exclude the annexed territory from the district,
467475 if the district has no outstanding debt or other obligations
468476 payable from any source; or
469477 (2) reduce the sales and use tax in the annexed
470478 territory by resolution or order of the board to a rate that, when
471479 added to the sales and use tax rate imposed by the municipality in
472480 the annexed territory, is equal to the sales and use tax rate
473481 imposed by the district in the district territory that was not
474482 annexed by the municipality.
475483 Sec. 3979.0605. NOTIFICATION OF RATE CHANGE. The board
476484 shall notify the comptroller of any changes made to the tax rate
477485 under this subchapter in the same manner the municipal secretary
478486 provides notice to the comptroller under Section 321.405(b), Tax
479487 Code.
480488 Sec. 3979.0606. USE OF REVENUE. Revenue from the sales and
481489 use tax imposed under this subchapter is for the use and benefit of
482490 the district and may be used for any district purpose. The district
483491 may pledge all or part of the revenue to the payment of bonds,
484492 notes, or other obligations, and that pledge of revenue may be in
485493 combination with other revenue, including tax revenue, available to
486494 the district.
487495 Sec. 3979.0607. ABOLITION OF TAX. (a) Except as provided
488496 by Subsection (b), the board may abolish the tax imposed under this
489497 subchapter without an election.
490498 (b) The board may not abolish the tax imposed under this
491499 subchapter if the district has outstanding debt secured by the tax,
492500 and repayment of the debt would be impaired by the abolition of the
493501 tax.
494502 (c) If the board abolishes the tax, the board shall notify
495503 the comptroller of that action in the same manner the municipal
496504 secretary provides notice to the comptroller under Section
497505 321.405(b), Tax Code.
498506 (d) If the board abolishes the tax or decreases the tax rate
499507 to zero, a new election to authorize a sales and use tax must be held
500508 under Section 3979.0602 before the district may subsequently impose
501509 the tax.
502510 (e) This section does not apply to a decrease in the sales
503511 and use tax authorized under Section 3979.0604(c)(2).
504512 SUBCHAPTER G. HOTEL OCCUPANCY TAX
505513 Sec. 3979.0701. DEFINITION. In this subchapter, "hotel"
506514 has the meaning assigned by Section 156.001, Tax Code.
507515 Sec. 3979.0702. APPLICABILITY OF CERTAIN TAX CODE
508516 PROVISIONS. (a) For purposes of this subchapter:
509517 (1) a reference in Subchapter A, Chapter 352, Tax
510518 Code, to a county is a reference to the district; and
511519 (2) a reference in Subchapter A, Chapter 352, Tax
512520 Code, to the commissioners court is a reference to the board.
513521 (b) Except as inconsistent with this subchapter, Subchapter
514522 A, Chapter 352, Tax Code, governs a hotel occupancy tax authorized
515523 by this subchapter, including the collection of the tax, subject to
516524 the limitations prescribed by Sections 352.002(b) and (c), Tax
517525 Code.
518526 Sec. 3979.0703. TAX AUTHORIZED; USE OF REVENUE. The
519527 district may impose a hotel occupancy tax for any purpose described
520528 by Section 351.101 or 352.101, Tax Code.
521529 Sec. 3979.0704. TAX RATE. (a) The amount of the hotel
522530 occupancy tax may not exceed the lesser of:
523531 (1) the maximum rate prescribed by Section 352.003(a),
524532 Tax Code; or
525533 (2) a rate that, when added to the rates of all hotel
526534 occupancy taxes imposed by other political subdivisions with
527535 territory in the district and by this state, does not exceed the sum
528536 of the rate prescribed by Section 351.0025(b), Tax Code, plus two
529537 percent.
530538 (b) The district tax is in addition to a tax imposed by a
531539 municipality under Chapter 351, Tax Code, or by the county under
532540 Chapter 352, Tax Code.
533541 Sec. 3979.0705. INFORMATION. The district may examine and
534542 receive information related to the imposition of hotel occupancy
535543 taxes to the same extent as if the district were a county.
536544 Sec. 3979.0706. USE OF REVENUE. The district may use
537545 revenue from the hotel occupancy tax for any district purpose that
538546 is an authorized use of hotel occupancy tax revenue under Chapter
539547 351 or 352, Tax Code. The district may pledge all or part of the
540548 revenue to the payment of bonds, notes, or other obligations and
541549 that pledge of revenue may be in combination with other revenue
542550 available to the district.
543551 Sec. 3979.0707. ABOLITION OF TAX. (a) Except as provided
544552 by Subsection (b), the board may abolish the tax imposed under this
545553 subchapter.
546554 (b) The board may not abolish the tax imposed under this
547555 subchapter if the district has outstanding debt secured by the tax,
548556 and repayment of the debt would be impaired by the abolition of the
549557 tax.
550558 SUBCHAPTER I. DISSOLUTION BY BOARD
551559 Sec. 3979.0901. DISSOLUTION. (a) The board shall dissolve
552560 the district on written petition filed with the board by the owners
553561 of:
554562 (1) 66 percent or more of the assessed value of the
555563 property subject to assessment by the district based on the most
556564 recent certified county property tax rolls; or
557565 (2) 66 percent or more of the surface area of the
558566 district, excluding roads, streets, highways, utility
559567 rights-of-way, other public areas, and other property exempt from
560568 assessment by the district according to the most recent certified
561569 county property tax rolls.
562570 (b) The board by majority vote may dissolve the district at
563571 any time.
564572 (c) The district may not be dissolved by its board under
565573 Subsection (a) or (b) if the district:
566574 (1) has any outstanding bonded indebtedness until that
567575 bonded indebtedness has been repaid or defeased in accordance with
568576 the order or resolution authorizing the issuance of the bonds;
569577 (2) has a contractual obligation to pay money until
570578 that obligation has been fully paid in accordance with the
571579 contract; or
572580 (3) owns, operates, or maintains public works,
573581 facilities, or improvements unless the district contracts with
574582 another person for the ownership, operation, or maintenance of the
575583 public works, facilities, or improvements.
576584 (d) Sections 375.261, 375.262, and 375.264, Local
577585 Government Code, do not apply to the district.
578586 SECTION 2. The Montgomery County Management District No. 1
579587 initially includes all the territory contained in the following
580588 area:
581589 TRACT 1
582590 A metes and bounds description of a 279.07 acre tract of land
583591 situated in the Edward Taylor Survey, Abstract Number 554,
584592 Montgomery County, Texas; being all of a called 279.65 acre tract
585593 conveyed to Mitchell Energy Corporation by Surface Deed and
586594 Subsurface Easement dated January 1, 1995 and filed for record
587595 under Clerk's File No. 9509774 of the Montgomery County Official
588596 Public Records of Real Property; said 279.07 acres being more
589597 particularly described as follows with all bearing based on the
590598 Texas Coordinate System of 1983, Central Zone:
591599 BEGINNING at a found 1/2-inch iron rod in the apparent west
592600 right-of-way of Cripple Creek Drive North, for an angle corner in
593601 the north line of Lot 1 of Galleria Oaks Estates as shown on a plat
594602 filed for record in Cabinet B, Sheet 79 of the Montgomery County Map
595603 Records and the southeast corner of said 279.65 acres, same being
596604 the southeast corner of the herein described tract, from which a
597605 found 1/2-inch iron rod bears North 77°23'58" East, 38.23 feet;
598606 THENCE, South 86°25'45" West, along the north line of Lots 1-
599607 7 of said Galleria Oaks Estates and the south line of said 279.65
600608 acres, passing a found 1-inch iron pipe at 244.84 feet, a found axle
601609 at 544.26 feet, 5.56 feet right, a found 8-inch by 8-inch concrete
602610 monument at 544.89 feet, 4.90 feet right, and a found 1-inch iron
603611 pipe at 1170.28 feet, continuing for a total distance of 1988.05
604612 feet (called 1997.31) to a set 3/4-inch iron rod (with cap stamped
605613 "JonesCarter Property Corner") in the northeast right-of-way of
606614 the Union Pacific Railroad (formerly I & G.N. Railroad Company)
607615 (width varies) filed for record under Volume 26, Page 351 of the
608616 Montgomery County Deed Records, for the south corner of the herein
609617 described tract, from which a found 8-inch by 8-inch concrete
610618 monument bears South 86°25'45" West, 9.14 feet;
611619 THENCE, along the northeast right-of-way of the said Union
612620 Pacific Railroad and the southwest line of the herein described
613621 tract the following five (5) courses and distances:
614622 1. North 59°15'02" West, 1127.60 feet, departing the north
615623 line of said Lot 7, to a set 3/4-inch iron rod (with cap stamped
616624 "JonesCarter Property Corner");
617625 2. North 30°44'58" East, 25.00 feet to a set 3/4-inch iron
618626 rod (with cap stamped "JonesCarter Property Corner");
619627 3. North 59°15'02" West, 600.00 feet to a set 3/4-inch iron
620628 rod (with cap stamped "JonesCarter Property Corner");
621629 4. South 30°44'58" West, 25.00 feet to a set 3/4-inch iron
622630 rod (with cap stamped "JonesCarter Property Corner");
623631 5. North 59°15'02" West, 1371.85 feet to a set 3/4-inch iron
624632 rod (with cap stamped "JonesCarter Property Corner") in the south
625633 line of a called 139.384 acre tract conveyed to Norma Helen
626634 Schoessow by Special Warranty Deed dated October 23, 1995 and filed
627635 for record under Clerk's File No. 9559657 of the Montgomery County
628636 Official Public Records of Real Property, for the west corner of the
629637 herein described tract, from which a found 8-inch by 8-inch
630638 concrete monument bears South 87°11'00" East, 8.79 feet;
631639 THENCE, North 87°11'00" East, 2105.63 feet (called 2114.59
632640 feet), departing the northeast right-of-way of the said Union
633641 Pacific Railroad, along the south line of said 139.384 acres, a
634642 north line of said 279.65 acres, and a north line of the herein
635643 described tract to a found 8-inch by 8-inch concrete monument, for
636644 an angle corner for said 139.384 acres, said 279.65 acres, and the
637645 herein described tract;
638646 THENCE, North 32°44'24" East, along the southeast line of said
639647 139.384 acres, the northwest line of said 279.65 acres, and the
640648 northwest line of the herein described tract, passing a found
641649 1/2-inch iron rod (bent) at 2037.03 feet, 4.74 feet right,
642650 continuing for a total distance of 2056.48 feet to a found 1-inch
643651 pinched top pipe, for an angle corner for said 139.384 acres, said
644652 279.65 acres, and the herein described tract;
645653 THENCE, North 02°29'44" West, 2678.96 feet (called 2681.84
646654 feet) along the east line of said 139.384 acres, the west line of
647655 said 279.65 acres, and the west line of the herein described tract
648656 to a found 8-inch by 8-inch concrete monument in the south line of a
649657 called 77.051 acre tract conveyed to Susan Halstead, Vincent S.
650658 Halstead, Steven B. Schoessow, Clarice J. Fore, Curtis F.
651659 Schoessow, Douglas P. Schoessow, Jana B. McNeil and Adrianne Leigh
652660 Fore by Gift Deed dated October 10, 2014 and filed for record under
653661 Clerk's File No. 2014100067 of the Montgomery County Official
654662 Public Records of Real Property, for the northeast corner of said
655663 139.384 acres and the northwest corner of said 279.65 acres, same
656664 being the northwest corner of the herein described tract, from
657665 which a found 1/2-inch iron pipe bears North 01°41'45" East, 0.61
658666 feet;
659667 THENCE, North 86°56'34" East, along the south line of said
660668 77.051 acres, the north line of said 279.65 acres, and the north
661669 line of the herein described tract, passing a found 1-inch pinched
662670 top pipe at 298.14 feet, continuing along the north line of said
663671 279.65 acres and the north line of the herein described tract for a
664672 total distance of 715.80 feet to a set 3/4-inch iron rod (with cap
665673 stamped "JonesCarter Property Corner") for an angle corner;
666674 THENCE, North 86°38'34" East, 561.72 feet (called 561.50
667675 feet), continuing along the north line of said 279.65 acres and the
668676 north line of the herein described tract to a found 1/2-inch iron
669677 pipe in the apparent east line of the Edward Taylor Survey, Abstract
670678 Number 554 and the apparent west line of the Leander Wescott Survey,
671679 Abstract Number 616, for the southeast corner of a called 10 acre
672680 tract conveyed to Axe Em Investments, L.P. by Special Warranty Deed
673681 dated October 1, 2003 and filed for record under Clerk's File
674682 No. 2003-134286 of the Montgomery County Official Public Records of
675683 Real Property and the northeast corner of said 279.65 acres, same
676684 being the northeast corner of the herein described tract, from
677685 which a found 1/2-inch iron rod bears North 03°18'03" West, 941.08
678686 feet;
679687 THENCE, South 02°35'38" East, along the apparent east line of
680688 the Edward Taylor Survey, Abstract Number 554, the apparent west
681689 line of the Leander Wescott Survey, Abstract Number 616, the east
682690 line of said 279.65 acres and the east line of the herein described
683691 tract, passing a found 1/2-inch iron pipe at a distance of 2090.96
684692 feet, 12.71 feet right, a found 5/8-inch iron rod at a distance of
685693 2094.87 feet, 12.74 feet right and a found 3/4-inch iron rod (with
686694 cap stamped "JonesCarter Property Corner") (previously set for
687695 survey of adjoining acreage) at a distance of 2107.96 feet,
688696 continuing along apparent east line of the Edward Taylor Survey,
689697 Abstract Number 554, the apparent west line of the Robin George
690698 Survey, Abstract Number 470, the apparent west line of the Leander
691699 Wescott Survey, Abstract Number 615, the west line of Block 4 of
692700 Cripple Creek Farms North Section Three (an unrecorded
693701 subdivision), the east line of said 279.65 acres and the east line
694702 of the herein described tract, same being the common line of a
695703 Boundary Agreement dated August 11, 1958 filed for record in Volume
696704 458, Page 386 of the Montgomery County Deed Records, passing a found
697705 1/2-inch iron pipe at a distance of 2978.61 feet, 4.46 feet right, a
698706 found 1/2-inch iron pipe at a distance of 3178.70 feet, 4.50 feet
699707 right, a found 5/8-inch iron rod at a distance of 3408.76 feet, 4.96
700708 feet right, a found 1/2-inch iron pipe at a distance of 3638.37
701709 feet, 5.76 feet right, a found 1/2-inch iron pipe at a distance of
702710 3846.97 feet, 5.42 feet right, a found 1/2-inch iron pipe at a
703711 distance of 4046.44 feet, 4.77 feet right, a found 3/4-inch iron rod
704712 at a distance of 4246.56 feet, 4.32 feet right, a found 1/2-inch
705713 iron pipe at a distance of 4446.96 feet, 5.22 feet right, a found
706714 1/2-inch iron pipe at a distance of 4646.61 feet, 6.40 feet right, a
707715 found 5/8-inch iron rod at a distance of 4845.95 feet, 6.30 feet
708716 right, a found 1/2-inch iron pipe at a distance of 5044.96 feet,
709717 6.79 feet right, a found 1/2-inch iron pipe at a distance of 5644.64
710718 feet, 6.54 feet right, a found 1/4-inch iron pipe at a distance of
711719 5665.25 feet, 7.16 feet right, a found 5/8-inch iron rod at a
712720 distance of 5665.30 feet, 6.86 feet right, continuing for a total
713721 distance of 6047.81 feet (called 6051.88 feet) to the POINT OF
714722 BEGINNING, CONTAINING 279.07 acres of land in Montgomery County,
715723 Texas, as shown on drawing number 9629-A.
716724 TRACT 2
717725 A METES AND BOUNDS description of a 842.23 acre tract of land
718726 situated in the Charles Frazier Survey, Abstract Number 206, the
719727 Andrew J. Hensley Survey, Abstract Number 255, the Azariah Prather
720728 Survey, Abstract Number 427 and the Leander Wescott Survey,
721729 Abstract Number 616, Montgomery County, Texas; being out of and a
722730 part of a called 881.183 acre tract (Tract 1) conveyed to Mitchell
723731 Energy Corporation by Special Warranty Deed dated July 31, 1997 and
724732 filed for record under Clerk's File No. 9746155 of the Montgomery
725733 County Official Public Records of Real Property; said 842.23 acres
726734 being more particularly described as follows with all bearings
727735 based on the Texas Coordinate System of 1983, Central Zone:
728736 BEGINNING at a found 3-inch iron pipe for the north corner
729737 Greentree Forest Estates (an Unrecorded Subdivision), same being an
730738 interior corner of the herein described tract;
731739 THENCE, South 42°47'48" West, along the northwest line of said
732740 Greentree Forest Estates and a southeast line of said 881.183
733741 acres, passing a found 5/8-inch iron rod at 256.52 feet, a found
734742 1/2-inch iron rod at 374.49 feet, 0.17 feet left, a found 5/8-inch
735743 iron rod at 847.40 feet, a found 5/8-inch iron rod at 965.59 feet,
736744 0.38 feet right, a found 1/2-inch iron rod at 1202.01 feet, a found
737745 1/2-inch iron rod at 1442.52 feet, 1.05 feet right, a found 5/8-inch
738746 iron rod at 1686.50 feet and a found 1/2-inch iron rod at 1921.45
739747 feet, continuing for a total distance of 2155.95 feet (called
740748 2155.95 feet) to a set 3/4-inch iron rod (with cap stamped
741749 "JonesCarter Property Corner") in the northeast line of called
742750 4.615 acre tract, known as Tract 17, Block 4 of Cripple Creek Farms
743751 North Section Three (an unrecorded subdivision), conveyed to Larry
744752 Dan McQuerry and wife, Mary Margaret McQuerry by General Warranty
745753 Deed dated April 2, 1980 and filed for record under Clerk's File
746754 No. 8011618 of the Montgomery County Official Public Records of
747755 Real Property, for a southwest corner of the herein described
748756 tract, from which a found 1/2-inch iron rod bears South 47°45'18"
749757 East, 171.07 feet;
750758 THENCE, North 47°25'32" West, 433.31 feet (called 1246.42
751759 feet), departing the northwest line of said Greentree Forest
752760 Estates, along the northeast line of said 4.615 acres and a
753761 southwest line of said 881.183 acres to a set 3/4-inch iron rod
754762 (with cap stamped "JonesCarter Property Corner") in the east line
755763 of a called 279.65 acre tract conveyed to Mitchell Energy
756764 Corporation by Surface Deed and Subsurface Easement dated January
757765 1, 1995 and file for record under Clerk's File No. 9509774 of the
758766 Montgomery County Official Public Records of Real Property, same
759767 being the apparent east line of the Edward Taylor Survey, Abstract
760768 Number 554 and the apparent west line of the Leander Wescott Survey,
761769 Abstract Number 616, from which found 3-1/2" iron pipe bears North
762770 47°25'32" West, 812.94 feet, and a found 1/2-inch iron rod bears
763771 South 02°35'38" East, 3939.85 feet;
764772 THENCE, North 02°35'38" West, departing the northeast line of
765773 said 4.615 acres, along the east line of said 279.65 acres, the
766774 apparent east line of the Edward Taylor Survey, Abstract Number 554
767775 and the apparent west line of the Leander Wescott Survey, Abstract
768776 Number 616, passing a 5/8-inch iron rod at 13.09 feet, 12.74 feet
769777 left and a found 1/2-inch iron pipe at 17.01 feet, 12.71 feet left,
770778 continuing for a total distance of 2107.96 feet to a found 1/2-inch
771779 iron pipe for the southeast corner of a called 10 acre tract
772780 conveyed to Axe Em Investments, L.P. by Special Warranty Deed dated
773781 October 1, 2003 and filed for record under Clerk's File
774782 No. 2003-134286 of the Montgomery County Official Public Records of
775783 Real Property, the northeast corner of said 279.65 acres and an
776784 angle point in the west line of the herein described tract, from
777785 which a found 3/4-inch iron rod (with cap stamped "JonesCarter
778786 Property Corner") bears South 86°38'34" West, 561.72 feet;
779787 THENCE, North 03°18'03" West, continuing along the apparent
780788 east line of the Edward Taylor Survey, Abstract Number 554, the
781789 apparent west line of the Leander Wescott Survey, Abstract Number
782790 616, and the east line of said 10 acres, passing a 1/2-inch iron rod
783791 at 220.99 feet, continuing along the east line of said 10 acres, the
784792 east line of a called 5 acre tract and another called 10 acre tract
785793 (hereinafter referred to as "northern 10 acres"), both conveyed to
786794 Axe Em Investments, L.P. by Special Warranty Deed dated October 1,
787795 2003 and filed for record under Clerk's File No. 2003-134286 of the
788796 Montgomery County Official Public Records of Real Property for a
789797 total distance of 941.08 feet to a found 1/2-inch iron rod in the
790798 north line of said 881.183 acres for an angle point in the south
791799 line of a called 757.02 acre tract ("Tract III") conveyed to 1488
792800 Corp. by Special Warranty Deed dated December 29, 2015 and filed for
793801 record under Clerk's File No. 2016002467 of the Montgomery County
794802 Official Public Records of Real Property, same being the northwest
795803 corner of the herein described tract, from which a found axle bears
796804 North 48°48'43" West, 728.19 feet and a found 3/4-inch pinched top
797805 pipe bears North 03°04'57" West, 1286.89 feet;
798806 THENCE, departing the east line of said northern 10 acres,
799807 the apparent east line of the Edward Taylor Survey, Abstract Number
800808 554 and the apparent west line of the Leander Wescott Survey,
801809 Abstract Number 616, along the south line of said 757.02 acres and
802810 the north line of said 881.183 acres the following six (6) courses
803811 and distances:
804812 1. South 48°52'00" East, 593.66 feet (called 1321.86 feet)
805813 to a found 3-inch iron pipe for an angle point;
806814 2. North 42°00'28" East, 807.36 feet (called 807.98 feet) to
807815 a found 3-inch iron pipe;
808816 3. North 43°20'46" East, 781.14 feet (called 779.36 feet) to
809817 a found 3/4-inch iron pipe;
810818 4. North 41°41'25" East, 1538.43 feet (called 1540.14 feet)
811819 to a found 3-inch iron pipe;
812820 5. North 42°24'04" East, 777.81 feet (called 778.99 feet) to
813821 a found 1/2-inch iron rod;
814822 6. North 42°15'57" East, 706.71 feet (called 710.25 feet) to
815823 a point in the centerline of Mill Creek, for the west corner of a
816824 called 6.11186 acre tract, known as Tract 12 of Wildwood Estates (an
817825 unrecorded subdivision), conveyed to John M. Burdick and wife,
818826 Sandra A. Burdick by Warranty Deed dated October 14, 1991 and file
819827 for record under Clerk's File No. 9148107 of the Montgomery County
820828 Official Public Records of Real Property, same being the north
821829 corner of said 881.183 acres and the herein described tract, from
822830 which a found 1-inch iron pipe bears North 42°15'57" East, 1881.50
823831 feet;
824832 THENCE, departing the south line of said 757.02 acres, along
825833 the centerline meanders of said Mill Creek, same being the east line
826834 of said 881.183 acres, the following two-hundred and forty-six
827835 (246) courses and distances:
828836 1. South 12°18'18" East, 20.94 feet to a point;
829837 2. South 22°23'59" East, 74.66 feet to a point;
830838 3. South 42°53'52" West, 46.44 feet to a point;
831839 4. South 36°58'56" West, 46.01 feet to a point;
832840 5. South 09°52'55" East, 37.33 feet to a point;
833841 6. North 87°56'29" East, 80.12 feet to a point;
834842 7. South 45°12'31" East, 17.10 feet to a point;
835843 8. South 10°52'22" East, 26.87 feet to a point;
836844 9. South 02°05'39" East, 26.13 feet to a point;
837845 10. South 12°44'29" East, 19.29 feet to a point;
838846 11. South 04°45'43" West, 43.16 feet to a point;
839847 12. South 35°59'36" East, 36.12 feet to a point;
840848 13. South 09°16'25" West, 32.54 feet to a point;
841849 14. South 12°40'55" West, 171.14 feet to a point;
842850 15. South 06°14'53" East, 70.78 feet to a point;
843851 16. South 41°23'52" East, 61.54 feet to a point;
844852 17. South 14°42'38" East, 130.27 feet to a point;
845853 18. South 23°55'53" East, 126.21 feet to a point;
846854 19. South 10°03'51" East, 50.67 feet to a point;
847855 20. South 36°50'20" East, 107.39 feet to a point;
848856 21. South 10°43'38" East, 60.21 feet to a point;
849857 22. South 21°14'15" West, 153.28 feet to a point;
850858 23. South 22°33'14" West, 58.07 feet to a point;
851859 24. South 05°35'01" West, 20.25 feet to a point;
852860 25. South 61°22'44" East, 38.41 feet to a point;
853861 26. South 69°02'33" East, 58.99 feet to a point;
854862 27. South 12°12'50" East, 124.16 feet to a point;
855863 28. South 32°31'48" East, 44.10 feet to a point;
856864 29. South 57°36'47" East, 61.05 feet to a point;
857865 30. South 53°27'39" East, 56.94 feet to a point;
858866 31. South 33°14'19" East, 97.80 feet to a point;
859867 32. South 21°00'11" East, 47.88 feet to a point;
860868 33. South 00°14'08" West, 9.48 feet to a point;
861869 34. South 35°38'34" West, 15.42 feet to a point;
862870 35. South 05°09'49" West, 35.23 feet to a point;
863871 36. South 41°24'16" East, 29.71 feet to a point;
864872 37. South 59°26'29" East, 22.32 feet to a point;
865873 38. South 69°02'33" East, 324.70 feet to a point;
866874 39. South 85°20'52" East, 48.71 feet to a point;
867875 40. North 78°12'44" East, 26.46 feet to a point;
868876 41. North 42°26'02" East, 37.26 feet to a point;
869877 42. North 09°57'57" East, 21.44 feet to a point;
870878 43. North 71°11'45" West, 44.32 feet to a point;
871879 44. North 43°20'43" West, 8.72 feet to a point;
872880 45. North 01°04'41" West, 22.38 feet to a point;
873881 46. North 21°27'17" East, 14.55 feet to a point;
874882 47. North 35°12'16" East, 57.34 feet to a point;
875883 48. South 40°49'24" East, 26.21 feet to a point;
876884 49. South 26°33'49" East, 19.14 feet to a point;
877885 50. South 78°44'47" East, 39.61 feet to a point;
878886 51. South 42°37'50" East, 117.76 feet to a point;
879887 52. South 63°31'02" East, 54.42 feet to a point;
880888 53. North 86°22'35" East, 14.48 feet to a point;
881889 54. South 83°23'38" East, 50.81 feet to a point;
882890 55. South 41°53'26" East, 37.41 feet to a point;
883891 56. South 10°42'29" East, 156.83 feet to a point;
884892 57. South 50°37'37" East, 26.55 feet to a point;
885893 58. South 35°05'48" East, 74.85 feet to a point;
886894 59. South 34°45'59" East, 50.28 feet to a point;
887895 60. South 63°14'51" East, 163.53 feet to a point;
888896 61. South 87°53'24" East, 20.12 feet to a point;
889897 62. North 48°15'22" East, 95.09 feet to a point;
890898 63. South 57°40'49" East, 12.18 feet to a point;
891899 64. South 55°52'46" East, 39.03 feet to a point;
892900 65. South 30°38'19" East, 13.33 feet to a point;
893901 66. South 17°12'36" East, 20.13 feet to a point;
894902 67. South 54°53'29" East, 145.28 feet to a point;
895903 68. South 66°39'02" East, 56.87 feet to a point;
896904 69. South 75°44'05" East, 87.52 feet to a point;
897905 70. South 58°53'21" East, 90.35 feet to a point;
898906 71. North 88°28'59" East, 42.27 feet to a point;
899907 72. South 56°16'37" East, 181.99 feet to a point;
900908 73. South 40°53'21" East, 125.58 feet to a point;
901909 74. South 31°26'40" West, 50.99 feet to a point;
902910 75. South 28°10'18" West, 24.21 feet to a point;
903911 76. South 77°29'22" East, 19.73 feet to a point;
904912 77. South 50°09'42" East, 96.47 feet to a point;
905913 78. South 56°32'41" East, 38.23 feet to a point;
906914 79. South 54°49'44" East, 31.98 feet to a point;
907915 80. North 77°40'42" East, 30.26 feet to a point;
908916 81. North 80°05'57" East, 64.03 feet to a point;
909917 82. South 66°03'01" East, 290.35 feet to a point;
910918 83. South 63°25'23" East, 170.62 feet to a point;
911919 84. South 62°41'27" East, 181.12 feet to a point;
912920 85. South 49°53'40" East, 59.94 feet to a point;
913921 86. South 39°07'27" East, 46.28 feet to a point;
914922 87. South 05°14'20" West, 92.52 feet to a point;
915923 88. South 63°37'44" West, 38.32 feet to a point;
916924 89. South 46°52'08" West, 17.69 feet to a point;
917925 90. South 30°30'24" West, 32.48 feet to a point;
918926 91. South 52°08'30" West, 30.87 feet to a point;
919927 92. North 88°59'43" West, 56.63 feet to a point;
920928 93. South 40°10'42" West, 137.98 feet to a point;
921929 94. South 17°29'36" West, 77.42 feet to a point;
922930 95. South 00°37'28" East, 30.27 feet to a point;
923931 96. South 83°36'36" East, 64.24 feet to a point;
924932 97. South 86°39'20" East, 105.45 feet to a point;
925933 98. South 46°06'16" East, 176.19 feet to a point;
926934 99. South 56°22'42" East, 61.38 feet to a point;
927935 100. South 53°51'41" East, 64.61 feet to a point;
928936 101. North 46°16'54" East, 19.60 feet to a point;
929937 102. North 42°53'51" East, 33.81 feet to a point;
930938 103. North 81°54'47" East, 105.65 feet to a point;
931939 104. South 78°49'30" East, 53.59 feet to a point;
932940 105. South 39°53'14" East, 18.21 feet to a point;
933941 106. South 27°02'07" East, 57.44 feet to a point;
934942 107. South 40°36'08" East, 83.23 feet to a point;
935943 108. South 36°14'03" East, 104.79 feet to a point;
936944 109. South 21°55'33" West, 120.32 feet to a point;
937945 110. South 45°28'18" West, 24.82 feet to a point;
938946 111. North 87°16'18" West, 60.19 feet to a point;
939947 112. South 04°03'57" West, 40.49 feet to a point;
940948 113. South 19°30'55" West, 113.56 feet to a point;
941949 114. South 17°09'33" West, 26.63 feet to a point;
942950 115. South 06°32'51" West, 52.58 feet to a point;
943951 116. South 48°03'00" East, 198.07 feet to a point;
944952 117. South 78°07'22" East, 39.83 feet to a point;
945953 118. South 45°15'38" East, 108.53 feet to a point;
946954 119. South 15°27'32" East, 74.05 feet to a point;
947955 120. South 29°42'12" East, 187.05 feet to a point;
948956 121. South 10°51'23" East, 98.64 feet to a point;
949957 122. South 13°57'22" West, 16.81 feet to a point;
950958 123. South 05°41'13" East, 152.49 feet to a point;
951959 124. South 04°31'17" East, 117.06 feet to a point;
952960 125. South 04°48'51" West, 67.94 feet to a point;
953961 126. South 20°51'03" West, 86.27 feet to a point;
954962 127. South 48°35'35" West, 63.11 feet to a point;
955963 128. South 48°58'11" West, 27.31 feet to a point;
956964 129. South 41°19'59" West, 147.94 feet to a point;
957965 130. South 16°43'24" West, 51.25 feet to a point;
958966 131. South 38°48'25" West, 129.88 feet to a point;
959967 132. South 48°43'18" West, 33.26 feet to a point;
960968 133. South 49°33'27" West, 63.28 feet to a point;
961969 134. South 34°02'23" West, 138.93 feet to a point;
962970 135. South 43°19'50" West, 77.02 feet to a point;
963971 136. South 21°42'27" East, 21.32 feet to a point;
964972 137. South 19°31'50" East, 69.55 feet to a point;
965973 138. South 10°43'23" East, 164.23 feet to a point;
966974 139. South 50°46'56" East, 96.05 feet to a point;
967975 140. South 38°12'17" East, 124.95 feet to a point;
968976 141. South 14°25'39" East, 40.20 feet to a point;
969977 142. South 04°53'50" East, 123.95 feet to a point;
970978 143. South 32°39'47" East, 115.61 feet to a point;
971979 144. South 15°59'49" East, 145.05 feet to a point;
972980 145. South 44°34'59" East, 144.65 feet to a point;
973981 146. South 62°03'10" East, 95.40 feet to a point;
974982 147. South 79°38'44" East, 72.91 feet to a point;
975983 148. South 10°24'52" East, 229.66 feet to a point;
976984 149. North 68°22'11" West, 80.47 feet to a point;
977985 150. South 07°25'05" East, 48.42 feet to a point;
978986 151. South 02°41'47" West, 198.27 feet to a point;
979987 152. South 43°12'25" West, 88.27 feet to a point;
980988 153. South 51°53'13" West, 53.80 feet to a point;
981989 154. South 46°45'22" East, 42.20 feet to a point;
982990 155. South 61°43'29" East, 161.36 feet to a point;
983991 156. South 28°19'40" East, 101.12 feet to a point;
984992 157. South 32°48'06" East, 144.76 feet to a point;
985993 158. South 50°37'24" East, 51.47 feet to a point;
986994 159. South 28°01'42" East, 126.58 feet to a point;
987995 160. South 38°57'45" East, 107.31 feet to a point;
988996 161. South 50°24'34" East, 71.71 feet to a point;
989997 162. South 09°29'22" East, 212.34 feet to a point;
990998 163. South 00°20'59" West, 132.90 feet to a point;
991999 164. South 19°40'54" East, 86.34 feet to a point;
9921000 165. South 14°58'26" West, 140.70 feet to a point;
9931001 166. South 10°08'09" West, 74.76 feet to a point;
9941002 167. South 53°21'21" West, 115.04 feet to a point;
9951003 168. South 27°54'49" West, 62.71 feet to a point;
9961004 169. South 34°48'30" East, 61.40 feet to a point;
9971005 170. South 66°20'22" East, 141.85 feet to a point;
9981006 171. South 72°53'56" East, 64.16 feet to a point;
9991007 172. South 80°40'10" East, 93.92 feet to a point;
10001008 173. North 88°21'42" East, 215.53 feet to a point;
10011009 174. North 72°22'13" East, 72.02 feet to a point;
10021010 175. North 30°33'22" East, 51.13 feet to a point;
10031011 176. North 53°06'11" East, 67.65 feet to a point;
10041012 177. South 89°23'41" East, 60.02 feet to a point;
10051013 178. North 69°42'48" East, 89.16 feet to a point;
10061014 179. North 84°21'21" East, 28.12 feet to a point;
10071015 180. South 65°03'29" East, 63.15 feet to a point;
10081016 181. South 24°31'20" East, 153.15 feet to a point;
10091017 182. South 79°55'10" East, 74.23 feet to a point;
10101018 183. South 30°19'44" East, 69.41 feet to a point;
10111019 184. South 26°36'17" West, 67.33 feet to a point;
10121020 185. South 51°53'55" East, 28.30 feet to a point;
10131021 186. South 48°09'02" East, 20.98 feet to a point;
10141022 187. South 69°54'32" East, 42.71 feet to a point;
10151023 188. South 49°35'02" East, 114.15 feet to a point;
10161024 189. South 61°51'29" East, 70.82 feet to a point;
10171025 190. North 56°45'53" East, 81.24 feet to a point;
10181026 191. North 10°22'42" West, 27.52 feet to a point;
10191027 192. North 44°20'07" West, 46.76 feet to a point;
10201028 193. North 14°23'02" West, 40.60 feet to a point;
10211029 194. North 81°26'55" East, 88.16 feet to a point;
10221030 195. South 81°27'52" East, 225.26 feet to a point;
10231031 196. North 50°13'30" East, 52.21 feet to a point;
10241032 197. South 83°42'53" East, 38.65 feet to a point;
10251033 198. South 53°20'17" East, 54.33 feet to a point;
10261034 199. South 34°41'44" East, 78.36 feet to a point;
10271035 200. South 04°59'36" West, 17.83 feet to a point;
10281036 201. South 75°56'24" West, 26.48 feet to a point;
10291037 202. North 80°06'10" West, 22.44 feet to a point;
10301038 203. South 15°30'22" West, 102.03 feet to a point;
10311039 204. South 77°49'42" West, 77.55 feet to a point;
10321040 205. South 05°43'31" West, 17.16 feet to a point;
10331041 206. South 36°38'48" East, 52.50 feet to a point;
10341042 207. South 22°17'18" West, 18.42 feet to a point;
10351043 208. South 46°04'19" West, 106.13 feet to a point;
10361044 209. South 00°20'40" East, 46.25 feet to a point;
10371045 210. North 86°03'23" East, 65.78 feet to a point;
10381046 211. South 88°15'33" East, 59.39 feet to a point;
10391047 212. South 72°52'21" East, 84.16 feet to a point;
10401048 213. South 22°30'03" East, 31.04 feet to a point;
10411049 214. South 07°37'19" West, 34.13 feet to a point;
10421050 215. South 13°51'28" East, 32.68 feet to a point;
10431051 216. South 42°01'46" East, 82.75 feet to a point;
10441052 217. South 32°57'14" East, 31.07 feet to a point;
10451053 218. South 26°42'20" West, 36.83 feet to a point;
10461054 219. South 51°10'47" West, 104.44 feet to a point;
10471055 220. South 78°09'38" West, 133.44 feet to a point;
10481056 221. North 65°18'54" West, 40.51 feet to a point;
10491057 222. North 20°57'04" West, 19.22 feet to a point;
10501058 223. North 20°58'16" East, 21.54 feet to a point;
10511059 224. North 31°10'24" West, 21.19 feet to a point;
10521060 225. South 86°54'36" West, 98.56 feet to a point;
10531061 226. South 62°17'52" West, 61.48 feet to a point;
10541062 227. South 10°48'36" West, 14.13 feet to a point;
10551063 228. South 68°28'09" West, 146.02 feet to a point;
10561064 229. South 66°50'57" West, 13.98 feet to a point;
10571065 230. South 54°14'31" West, 9.13 feet to a point;
10581066 231. South 28°53'35" West, 47.36 feet to a point;
10591067 232. South 14°53'51" East, 38.67 feet to a point;
10601068 233. South 33°16'15" West, 110.49 feet to a point;
10611069 234. South 25°51'57" West, 87.36 feet to a point;
10621070 235. South 24°40'48" West, 168.46 feet to a point;
10631071 236. South 18°07'49" West, 119.57 feet to a point;
10641072 237. South 07°55'38" West, 73.03 feet to a point;
10651073 238. South 30°22'38" East, 68.89 feet to a point;
10661074 239. South 08°41'13" West, 43.89 feet to a point;
10671075 240. South 20°25'31" West, 64.73 feet to a point;
10681076 241. South 06°48'07" West, 63.29 feet to a point;
10691077 242. South 07°37'07" West, 39.79 feet to a point;
10701078 243. South 28°55'17" West, 36.09 feet to a point;
10711079 244. South 66°13'24" West, 56.17 feet to a point;
10721080 245. South 43°02'27" West, 59.63 feet to a point;
10731081 246. South 13°44'31" West, 6.84 feet to a point in the
10741082 northeast line of Mill Creek Forest as shown on a plat filed for
10751083 record in Volume 5, Page 491 of the Montgomery County Deed Records
10761084 for the most southerly corner of said 881.183 acres and the herein
10771085 described tract;
10781086 THENCE, North 46°43'05" West, departing the centerline
10791087 meanders of said Mill Creek, along the northeast line of said Mill
10801088 Creek Forest, and the southwest line of said 881.183 acres, passing
10811089 a found 1/2-inch iron rod (with cap stamped "Reinke 3971") at 61.41
10821090 feet, continuing for a total distance of 397.79 feet (called
10831091 414.06) to a found 1/2-inch iron rod (with cap stamped "Geomatics
10841092 Inc.") for the north corner of said Mill Creek Forest, and an
10851093 interior corner of said 881.183 acres and the herein described
10861094 tract;
10871095 THENCE, South 43°03'45" West, along the northwest line of said
10881096 Mill Creek Forest and a southeast line of said 881.183 acres,
10891097 passing a found 3/4-inch iron pipe at 104.79 feet, 0.97 feet right,
10901098 continuing for a total distance of 198.18 feet (called 192.78 feet)
10911099 to a set 3/4-inch iron rod (with cap stamped "JonesCarter Property
10921100 Corner") for the east corner of Lot 14, Block 44 of Hazy Hollow East
10931101 Estates Section 7 (an unrecorded subdivision) conveyed to Malcom
10941102 James Johnson by Warranty Deed dated April 5, 1991 and filed for
10951103 record under Clerk's File No. 9230908 of the Montgomery County
10961104 Official Public Records of Real Property, a south corner of said
10971105 881.183 acres and the herein described tract;
10981106 THENCE, departing the northwest line of said Mill Creek
10991107 Forest along the southwest line of said 881.183 acres and the herein
11001108 described tract the following seven (7) courses and distances:
11011109 1. North 47°15'15" West, along the northeast line said Hazy
11021110 Hollow East Estates Section 7, passing a found 3/8-inch iron rod at
11031111 1321.03 feet, 1.17 feet left, passing a found 1/2-inch iron rod at
11041112 1429.95 feet, 1.21 feet left, continuing for a total distance of
11051113 1755.51 feet to an angle point, from which a found 1/2-inch iron rod
11061114 bears North 21°27'43" West 4.22 feet;
11071115 2. North 47°29'30" West, along the northeast line of said
11081116 Hazy Hollow East Estates Section 7 and the northeast line of Hazy
11091117 Hollow East Estates Section 4 (an unrecorded subdivision), passing
11101118 a found 3/8-inch iron rod at 393.30 feet, 1.24 feet right,
11111119 continuing for a total distance of 711.72 feet to a point;
11121120 3. North 47°20'39" West, along the northeast line of Hazy
11131121 Hollow East Estates Section 10 (an unrecorded subdivision), passing
11141122 a found 3/8-inch iron rod at 126.64 feet, 2.16 feet right, passing a
11151123 found 3/8-inch iron rod at 375.33 feet, 1.09 feet right, passing a
11161124 found 3/8-inch iron rod at 499.77 feet, 0.63 feet right, continuing
11171125 for a total distance of 527.41 feet to a point;
11181126 4. North 47°17'20" West, along the northeast line of said
11191127 Hazy Hollow East Estates Section 10, passing a found 5/8-inch iron
11201128 rod at 96.90 feet, 0.38 feet right, a found 1/2-inch iron rod (bent)
11211129 at 289.53 feet, a found 3/8-inch iron rod at 422.16 feet, 0.24 feet
11221130 right, a found 1/2-inch iron rod at 554.92 feet, a found 5/8-inch
11231131 iron rod at 687.54 feet, a found 3/8-inch iron rod at 1116.06 feet,
11241132 0.31 feet left, a found 3/8-inch iron rod at 1239.11 feet, 0.41 feet
11251133 left, a found 3/8-inch iron rod at 1484.87 feet, 0.98 feet left, a
11261134 found 3/8-inch iron rod at 1608.04 feet, 1.32 feet left, a found
11271135 3/8-inch iron rod at 1731.04 feet, 1.21 feet left, a found 3/8-inch
11281136 iron rod at 1854.08 feet, 0.55 feet left, a found 5/8-inch square
11291137 iron bar at 1977.47 feet, 0.11 feet right, a found 5/8-inch square
11301138 iron bar at 2037.11 feet, 0.36 feet right, a found 3/8-inch iron rod
11311139 at 2159.55 feet, 1.03 feet right, a found 1/2-inch iron rod (with
11321140 cap stamped "C&C Surveying") at 2282.80 feet, 0.18 feet right, a
11331141 found 1/2-inch iron rod (with cap stamped "C&C Surveying") at
11341142 2405.70 feet, and a found 3/8-inch iron rod at 2897.75 feet, 0.13
11351143 feet right, continuing for a total distance of 3015.29 feet to a
11361144 point;
11371145 5. North 47°22'30" West, along the northeast line of Hazy
11381146 Hollow East Estates Section 11 (an unrecorded subdivision), passing
11391147 a found 3/8-inch iron rod at 5.37 feet, 2.20 feet left, a found
11401148 3/8-inch iron rod at 128.11 feet, 3.14 feet left, a found 3/8-inch
11411149 iron rod at 251.00 feet, 3.59 feet left, a found 3/8-inch iron rod
11421150 at 373.97 feet, 3.79 feet left, a found 3/8-inch iron rod at 496.74
11431151 feet, 3.70 feet left, a found 3/8-inch iron rod at 619.44 feet, 3.76
11441152 feet left, a found 3/8-inch iron rod at 743.26 feet, 1.81 feet
11451153 left, and a found 3/8-inch iron rod at 988.51 feet, 0.13 feet left,
11461154 continuing for a total distance of 1784.65 feet to a found 1/2-inch
11471155 iron rod for the north corner of said Hazy Hollow East Estates
11481156 Section 11 and the east corner of Greentree Forest Estates (an
11491157 unrecorded subdivision);
11501158 6. North 47°01'59" West, along the northeast line of said
11511159 Greentree Forest Estates, passing a found 1/2-inch iron rod at
11521160 354.40 feet, passing a found 5/8-inch iron rod at 414.22 feet,
11531161 continuing for a total distance of 498.04 feet to a found 3-1/2-inch
11541162 iron pipe;
11551163 7. North 47°36'37" West, 270.64 feet (called 270.76 feet) to
11561164 the POINT OF BEGINNING, CONTAINING 842.23 acres of land in
11571165 Montgomery County, Texas, as shown on drawing number 9630-A.
11581166 SECTION 3. (a) The legal notice of the intention to
11591167 introduce this Act, setting forth the general substance of this
11601168 Act, has been published as provided by law, and the notice and a
11611169 copy of this Act have been furnished to all persons, agencies,
11621170 officials, or entities to which they are required to be furnished
11631171 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
11641172 Government Code.
11651173 (b) The governor, one of the required recipients, has
11661174 submitted the notice and Act to the Texas Commission on
11671175 Environmental Quality.
11681176 (c) The Texas Commission on Environmental Quality has filed
11691177 its recommendations relating to this Act with the governor,
11701178 lieutenant governor, and speaker of the house of representatives
11711179 within the required time.
11721180 (d) All requirements of the constitution and laws of this
11731181 state and the rules and procedures of the legislature with respect
11741182 to the notice, introduction, and passage of this Act have been
11751183 fulfilled and accomplished.
11761184 SECTION 4. This Act takes effect immediately if it receives
11771185 a vote of two-thirds of all the members elected to each house, as
11781186 provided by Section 39, Article III, Texas Constitution. If this
11791187 Act does not receive the vote necessary for immediate effect, this
11801188 Act takes effect September 1, 2019.
1181- ______________________________ ______________________________
1182- President of the Senate Speaker of the House
1183- I certify that H.B. No. 4657 was passed by the House on May 3,
1184- 2019, by the following vote: Yeas 128, Nays 12, 2 present, not
1185- voting; and that the House concurred in Senate amendments to H.B.
1186- No. 4657 on May 24, 2019, by the following vote: Yeas 100, Nays 41,
1187- 3 present, not voting.
1188- ______________________________
1189- Chief Clerk of the House
1190- I certify that H.B. No. 4657 was passed by the Senate, with
1191- amendments, on May 22, 2019, by the following vote: Yeas 28, Nays
1192- 3.
1193- ______________________________
1194- Secretary of the Senate
1195- APPROVED: __________________
1196- Date
1197- __________________
1198- Governor
1189+ * * * * *