H.B. No. 4657
AN ACT
relating to the creation of the Montgomery County Management
District No. 1; providing authority to issue bonds; providing
authority to impose assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3979 to read as follows:
CHAPTER 3979. MONTGOMERY COUNTY MANAGEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3979.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "County" means Montgomery County.
(4) "Director" means a board member.
(5) "District" means the Montgomery County Management
District No. 1.
Sec. 3979.0102. CREATION AND NATURE OF DISTRICT; IMMUNITY.
(a) The district is a special district created under Section 59,
Article XVI, Texas Constitution.
(b) The district is a governmental unit, as provided by
Section 375.004, Local Government Code.
(c) This chapter does not waive any governmental or
sovereign immunity from suit, liability, or judgment that would
otherwise apply to the district.
Sec. 3979.0103. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter.
(b) By creating the district, the legislature has
established a program to accomplish the public purposes set out in
Sections 52 and 52-a, Article III, Texas Constitution.
(c) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(d) This chapter and the creation of the district may not be
interpreted to relieve the county or a municipality from providing
the level of services provided as of the effective date of the Act
enacting this chapter to the area in the district. The district is
created to supplement and not to supplant county or municipal
services provided in the district.
Sec. 3979.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) All land and other property included in the district will
benefit from the improvements and services to be provided by the
district under powers conferred by Sections 52 and 52-a, Article
III, and Section 59, Article XVI, Texas Constitution, and other
powers granted under this chapter.
(b) The district is created to serve a public use and
benefit.
(c) The creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment; and
(3) developing or expanding transportation and
commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center;
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways, road facilities,
transit facilities, parking facilities, recreational facilities,
and public art objects and by landscaping and developing certain
areas in the district, which are necessary for the restoration,
preservation, and enhancement of scenic beauty; and
(4) provide for water, wastewater, and drainage
facilities for the district.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3979.0105. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bonds for the purposes
for which the district is created or to pay the principal of and
interest on the bonds;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3979.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code;
(3) an enterprise zone created under Chapter 2303,
Government Code; or
(4) an industrial district created under Chapter 42,
Local Government Code.
Sec. 3979.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3979.0108. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformity with the
findings and purposes stated in this chapter.
Sec. 3979.0109. CONFLICTS OF LAW. This chapter prevails
over any provision of general law, including a provision of Chapter
375, Local Government Code, or Chapter 49, Water Code, that is in
conflict or inconsistent with this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3979.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five directors elected or appointed as
provided by this chapter and Subchapter D, Chapter 49, Water Code.
(b) Except as provided by Section 3979.0203, directors
serve staggered four-year terms.
Sec. 3979.0202. COMPENSATION. A director is entitled to
receive fees of office and reimbursement for actual expenses as
provided by Section 49.060, Water Code. Sections 375.069 and
375.070, Local Government Code, do not apply to the board.
Sec. 3979.0203. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district according to the most recent certified tax appraisal roll
for the county may submit a petition to the commission requesting
that the commission appoint as temporary directors the five persons
named in the petition. The commission shall appoint as temporary
directors the five persons named in the petition.
(b) The temporary directors shall hold an election to elect
five permanent directors as provided by Section 49.102, Water Code.
(c) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Subsection (b); or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(d) If permanent directors have not been elected under
Subsection (b) and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (e) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Subsection (b); or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(e) If Subsection (d) applies, the owner or owners of a
majority of the assessed value of the real property in the district
according to the most recent certified tax appraisal roll for the
county may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
Sec. 3979.0204. DISQUALIFICATION OF DIRECTORS. Section
49.052, Water Code, applies to the members of the board.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3979.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3979.0302. IMPROVEMENT PROJECTS AND SERVICES. (a)
The district, using any money available to the district for the
purpose, may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service authorized under this chapter or Chapter 375, Local
Government Code.
(b) The district may contract with a governmental or private
entity to carry out an action under Subsection (a).
(c) The implementation of a district project or service is a
governmental function or service for the purposes of Chapter 791,
Government Code.
Sec. 3979.0303. RECREATIONAL FACILITIES. The district may
develop or finance recreational facilities as authorized by Chapter
375, Local Government Code, Sections 52 and 52-a, Article III,
Texas Constitution, Section 59, Article XVI, Texas Constitution,
and any other law that applies to the district.
Sec. 3979.0304. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may own, operate,
maintain, design, acquire, construct, finance, issue bonds, notes,
or other obligations for, improve, and convey to this state, a
county, or a municipality for ownership, operation, and maintenance
macadamized, graveled, or paved roads or improvements, including
storm drainage, in aid of those roads.
Sec. 3979.0305. CONVEYANCE AND APPROVAL OF ROAD PROJECT.
(a) The district may convey a road project authorized by Section
3979.0304 to:
(1) a municipality or county that will operate and
maintain the road if the municipality or county has approved the
plans and specifications of the road project; or
(2) the state if the state will operate and maintain
the road and the Texas Transportation Commission has approved the
plans and specifications of the road project.
(b) Except as provided by Subsection (c), the district shall
operate and maintain a road project authorized by Section 3979.0304
that the district implements and does not convey to a municipality,
a county, or this state under Subsection (a).
(c) The district may agree in writing with a municipality, a
county, or this state to assign operation and maintenance duties to
the district, the municipality, the county, or this state in a
manner other than the manner described in Subsections (a) and (b).
Sec. 3979.0306. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered to be a local
government corporation created under Subchapter D, Chapter 431,
Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Subchapter D,
Chapter 431, Transportation Code, except that a board member is not
required to reside in the district.
Sec. 3979.0307. LAW ENFORCEMENT SERVICES. Section 49.216,
Water Code, applies to the district.
Sec. 3979.0308. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
The district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 3979.0309. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
district may engage in activities that accomplish the economic
development purposes of the district.
(b) The district may establish and provide for the
administration of one or more programs to promote state or local
economic development and to stimulate business and commercial
activity in the district, including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(c) The district may create economic development programs
and exercise the economic development powers that:
(1) Chapter 380, Local Government Code, provides to a
municipality; and
(2) Subchapter A, Chapter 1509, Government Code,
provides to a municipality.
Sec. 3979.0310. STRATEGIC PARTNERSHIP AGREEMENT. The
district may negotiate and enter into a written strategic
partnership agreement with a municipality under Section 43.0751,
Local Government Code.
Sec. 3979.0311. REGIONAL PARTICIPATION AGREEMENT. The
district may negotiate and enter into a written regional
participation agreement with a municipality under Section 43.0754,
Local Government Code.
Sec. 3979.0312. PARKING FACILITIES. (a) The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain parking facilities or a system of parking
facilities, including lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
years.
(c) The district's parking facilities are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 3979.0313. ADDING OR EXCLUDING LAND. (a) The district
may add land as provided by Subchapter J, Chapter 49, Water Code.
(b) The district may exclude land as provided by Subchapter
J, Chapter 49, Water Code. Section 375.044(b), Local Government
Code, does not apply to the district.
(c) The district may include and exclude land as provided by
Sections 54.739-54.747, Water Code. A reference in those sections
to a "tax" means an ad valorem tax for the purposes of this
subsection.
(d) If the district adopts a sales and use tax authorized at
an election held under Section 3979.0602 and subsequently includes
new territory in the district under this section, the district:
(1) is not required to hold another election to
approve the imposition of the sales and use tax in the included
territory; and
(2) shall impose the sales and use tax in the included
territory as provided by Chapter 321, Tax Code.
(e) If the district adopts a sales and use tax authorized at
an election held under Section 3979.0602 and subsequently excludes
territory in the district under this section, the sales and use tax
is inapplicable to the excluded territory, as provided by Chapter
321, Tax Code, but is applicable to the territory remaining in the
district.
Sec. 3979.0314. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of district money.
Sec. 3979.0315. AUDIT EXEMPTION. (a) The district may
elect to complete an annual financial report in lieu of an annual
audit under Section 375.096(a)(6), Local Government Code, if:
(1) the district had no bonds or other long-term (more
than one year) liabilities outstanding during the fiscal period;
(2) the district did not have gross receipts from
operations, loans, taxes, assessments, or contributions in excess
of $250,000 during the fiscal period; and
(3) the district's cash and temporary investments were
not in excess of $250,000 during the fiscal period.
(b) Each annual financial report prepared in accordance
with this section must be open to public inspection and accompanied
by an affidavit signed by a duly authorized representative of the
district attesting to the accuracy and authenticity of the
financial report.
(c) The annual financial report and affidavit shall be
substantially similar in form to the annual financial report and
affidavit forms prescribed by the executive director of the
commission under Section 49.198, Water Code.
Sec. 3979.0316. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. ASSESSMENTS
Sec. 3979.0401. PETITION REQUIRED FOR FINANCING SERVICES
AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this chapter
unless a written petition requesting that service or improvement
has been filed with the board.
(b) A petition filed under Subsection (a) must be signed by
the owners of a majority of the assessed value of real property in
the district subject to assessment according to the most recent
certified tax appraisal roll for the county.
Sec. 3979.0402. METHOD OF NOTICE FOR HEARING. The district
may mail the notice required by Section 375.115(c), Local
Government Code, by certified or first class United States mail.
The board shall determine the method of notice.
Sec. 3979.0403. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose and collect an assessment for any
purpose authorized by this chapter in all or any part of the
district.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
SUBCHAPTER E. TAXES AND BONDS
Sec. 3979.0501. TAX ELECTION REQUIRED. The district must
hold an election in the manner provided by Chapter 49, Water Code,
or, if applicable, Chapter 375, Local Government Code, to obtain
voter approval before the district may impose an ad valorem tax.
Sec. 3979.0502. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election under Section 3979.0501, the district may impose an
operation and maintenance tax on taxable property in the district
in the manner provided by Section 49.107, Water Code, for any
district purpose, including to:
(1) maintain and operate the district;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The board shall determine the operation and maintenance
tax rate. The rate may not exceed the rate approved at the
election.
(c) Section 49.107(h), Water Code, does not apply to the
district.
Sec. 3979.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
terms determined by the board.
(b) The district, by competitive bid or negotiated sale, may
issue bonds, notes, or other obligations payable wholly or partly
from ad valorem taxes, assessments, impact fees, revenue, contract
payments, grants, or other district money, or any combination of
those sources of money, to pay for any authorized district purpose.
(c) The limitation on the outstanding principal amount of
bonds, notes, or other obligations provided by Section 49.4645,
Water Code, does not apply to the district.
Sec. 3979.0504. BONDS SECURED BY REVENUE OR CONTRACT
PAYMENTS. The district may issue, without an election, bonds
secured by:
(1) revenue other than ad valorem taxes, including
contract revenues; or
(2) contract payments, provided that the requirements
of Section 49.108, Water Code, have been met.
Sec. 3979.0505. BONDS SECURED BY AD VALOREM TAXES;
ELECTIONS. (a) If authorized at an election under Section
3979.0501, the district may issue bonds payable from ad valorem
taxes.
(b) Section 375.243, Local Government Code, does not apply
to the district.
(c) At the time the district issues bonds payable wholly or
partly from ad valorem taxes, the board shall provide for the annual
imposition of a continuing direct annual ad valorem tax, without
limit as to rate or amount, for each year that all or part of the
bonds are outstanding as required and in the manner provided by
Sections 54.601 and 54.602, Water Code.
(d) All or any part of any facilities or improvements that
may be acquired by a district by the issuance of its bonds may be
submitted as a single proposition or as several propositions to be
voted on at the election.
Sec. 3979.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
board may not issue bonds until each municipality in whose
corporate limits or extraterritorial jurisdiction the district is
located has consented by ordinance or resolution to the creation of
the district and to the inclusion of land in the district.
(b) This section applies only to the district's first
issuance of bonds payable from ad valorem taxes.
SUBCHAPTER F. SALES AND USE TAX
Sec. 3979.0601. APPLICABILITY OF CERTAIN TAX CODE
PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition,
computation, administration, enforcement, and collection of the
sales and use tax authorized by this subchapter except to the extent
Chapter 321, Tax Code, is inconsistent with this chapter.
(b) A reference in Chapter 321, Tax Code, to a municipality
or the governing body of a municipality is a reference to the
district or the board, respectively.
Sec. 3979.0602. ELECTION; ADOPTION OF TAX. (a) The
district may adopt a sales and use tax if authorized by a majority
of the voters of the district voting at an election held for that
purpose.
(b) The board by order may call an election to authorize the
adoption of the sales and use tax. The election may be held on any
uniform election date and in conjunction with any other district
election.
(c) The ballot shall be printed to provide for voting for or
against the proposition: "Authorization of a sales and use tax in
the Montgomery County Management District No. 1 at a rate not to
exceed ____ percent" (insert rate of one or more increments of
one-eighth of one percent).
Sec. 3979.0603. SALES AND USE TAX RATE. (a) On or after the
date the results are declared of an election held under Section
3979.0602, at which the voters approved imposition of the tax
authorized by this subchapter, the board shall determine and adopt
by resolution or order the initial rate of the tax, which must be in
one or more increments of one-eighth of one percent.
(b) After the election held under Section 3979.0602, the
board may increase or decrease the rate of the tax by one or more
increments of one-eighth of one percent.
(c) The initial rate of the tax or any rate resulting from
subsequent increases or decreases may not exceed the lesser of:
(1) the maximum rate authorized by the district voters
at the election held under Section 3979.0602; or
(2) a rate that, when added to the rates of all sales
and use taxes imposed by other political subdivisions with
territory in the district, would result in the maximum combined
rate prescribed by Section 321.101(f), Tax Code, at any location in
the district.
Sec. 3979.0604. TAX AFTER MUNICIPAL ANNEXATION. (a) This
section applies to the district after a municipality annexes part
of the territory in the district and imposes the municipality's
sales and use tax in the annexed territory.
(b) If at the time of annexation the district has
outstanding debt or other obligations payable wholly or partly from
district sales and use tax revenue, Section 321.102(g), Tax Code,
applies to the district.
(c) If at the time of annexation the district does not have
outstanding debt or other obligations payable wholly or partly from
district sales and use tax revenue, the district may:
(1) exclude the annexed territory from the district,
if the district has no outstanding debt or other obligations
payable from any source; or
(2) reduce the sales and use tax in the annexed
territory by resolution or order of the board to a rate that, when
added to the sales and use tax rate imposed by the municipality in
the annexed territory, is equal to the sales and use tax rate
imposed by the district in the district territory that was not
annexed by the municipality.
Sec. 3979.0605. NOTIFICATION OF RATE CHANGE. The board
shall notify the comptroller of any changes made to the tax rate
under this subchapter in the same manner the municipal secretary
provides notice to the comptroller under Section 321.405(b), Tax
Code.
Sec. 3979.0606. USE OF REVENUE. Revenue from the sales and
use tax imposed under this subchapter is for the use and benefit of
the district and may be used for any district purpose. The district
may pledge all or part of the revenue to the payment of bonds,
notes, or other obligations, and that pledge of revenue may be in
combination with other revenue, including tax revenue, available to
the district.
Sec. 3979.0607. ABOLITION OF TAX. (a) Except as provided
by Subsection (b), the board may abolish the tax imposed under this
subchapter without an election.
(b) The board may not abolish the tax imposed under this
subchapter if the district has outstanding debt secured by the tax,
and repayment of the debt would be impaired by the abolition of the
tax.
(c) If the board abolishes the tax, the board shall notify
the comptroller of that action in the same manner the municipal
secretary provides notice to the comptroller under Section
321.405(b), Tax Code.
(d) If the board abolishes the tax or decreases the tax rate
to zero, a new election to authorize a sales and use tax must be held
under Section 3979.0602 before the district may subsequently impose
the tax.
(e) This section does not apply to a decrease in the sales
and use tax authorized under Section 3979.0604(c)(2).
SUBCHAPTER G. HOTEL OCCUPANCY TAX
Sec. 3979.0701. DEFINITION. In this subchapter, "hotel"
has the meaning assigned by Section 156.001, Tax Code.
Sec. 3979.0702. APPLICABILITY OF CERTAIN TAX CODE
PROVISIONS. (a) For purposes of this subchapter:
(1) a reference in Subchapter A, Chapter 352, Tax
Code, to a county is a reference to the district; and
(2) a reference in Subchapter A, Chapter 352, Tax
Code, to the commissioners court is a reference to the board.
(b) Except as inconsistent with this subchapter, Subchapter
A, Chapter 352, Tax Code, governs a hotel occupancy tax authorized
by this subchapter, including the collection of the tax, subject to
the limitations prescribed by Sections 352.002(b) and (c), Tax
Code.
Sec. 3979.0703. TAX AUTHORIZED; USE OF REVENUE. The
district may impose a hotel occupancy tax for any purpose described
by Section 351.101 or 352.101, Tax Code.
Sec. 3979.0704. TAX RATE. (a) The amount of the hotel
occupancy tax may not exceed the lesser of:
(1) the maximum rate prescribed by Section 352.003(a),
Tax Code; or
(2) a rate that, when added to the rates of all hotel
occupancy taxes imposed by other political subdivisions with
territory in the district and by this state, does not exceed the sum
of the rate prescribed by Section 351.0025(b), Tax Code, plus two
percent.
(b) The district tax is in addition to a tax imposed by a
municipality under Chapter 351, Tax Code, or by the county under
Chapter 352, Tax Code.
Sec. 3979.0705. INFORMATION. The district may examine and
receive information related to the imposition of hotel occupancy
taxes to the same extent as if the district were a county.
Sec. 3979.0706. USE OF REVENUE. The district may use
revenue from the hotel occupancy tax for any district purpose that
is an authorized use of hotel occupancy tax revenue under Chapter
351 or 352, Tax Code. The district may pledge all or part of the
revenue to the payment of bonds, notes, or other obligations and
that pledge of revenue may be in combination with other revenue
available to the district.
Sec. 3979.0707. ABOLITION OF TAX. (a) Except as provided
by Subsection (b), the board may abolish the tax imposed under this
subchapter.
(b) The board may not abolish the tax imposed under this
subchapter if the district has outstanding debt secured by the tax,
and repayment of the debt would be impaired by the abolition of the
tax.
SUBCHAPTER I. DISSOLUTION BY BOARD
Sec. 3979.0901. DISSOLUTION. (a) The board shall dissolve
the district on written petition filed with the board by the owners
of:
(1) 66 percent or more of the assessed value of the
property subject to assessment by the district based on the most
recent certified county property tax rolls; or
(2) 66 percent or more of the surface area of the
district, excluding roads, streets, highways, utility
rights-of-way, other public areas, and other property exempt from
assessment by the district according to the most recent certified
county property tax rolls.
(b) The board by majority vote may dissolve the district at
any time.
(c) The district may not be dissolved by its board under
Subsection (a) or (b) if the district:
(1) has any outstanding bonded indebtedness until that
bonded indebtedness has been repaid or defeased in accordance with
the order or resolution authorizing the issuance of the bonds;
(2) has a contractual obligation to pay money until
that obligation has been fully paid in accordance with the
contract; or
(3) owns, operates, or maintains public works,
facilities, or improvements unless the district contracts with
another person for the ownership, operation, or maintenance of the
public works, facilities, or improvements.
(d) Sections 375.261, 375.262, and 375.264, Local
Government Code, do not apply to the district.
SECTION 2. The Montgomery County Management District No. 1
initially includes all the territory contained in the following
area:
TRACT 1
A metes and bounds description of a 279.07 acre tract of land
situated in the Edward Taylor Survey, Abstract Number 554,
Montgomery County, Texas; being all of a called 279.65 acre tract
conveyed to Mitchell Energy Corporation by Surface Deed and
Subsurface Easement dated January 1, 1995 and filed for record
under Clerk's File No. 9509774 of the Montgomery County Official
Public Records of Real Property; said 279.07 acres being more
particularly described as follows with all bearing based on the
Texas Coordinate System of 1983, Central Zone:
BEGINNING at a found 1/2-inch iron rod in the apparent west
right-of-way of Cripple Creek Drive North, for an angle corner in
the north line of Lot 1 of Galleria Oaks Estates as shown on a plat
filed for record in Cabinet B, Sheet 79 of the Montgomery County Map
Records and the southeast corner of said 279.65 acres, same being
the southeast corner of the herein described tract, from which a
found 1/2-inch iron rod bears North 77°23'58" East, 38.23 feet;
THENCE, South 86°25'45" West, along the north line of Lots 1-
7 of said Galleria Oaks Estates and the south line of said 279.65
acres, passing a found 1-inch iron pipe at 244.84 feet, a found axle
at 544.26 feet, 5.56 feet right, a found 8-inch by 8-inch concrete
monument at 544.89 feet, 4.90 feet right, and a found 1-inch iron
pipe at 1170.28 feet, continuing for a total distance of 1988.05
feet (called 1997.31) to a set 3/4-inch iron rod (with cap stamped
"JonesCarter Property Corner") in the northeast right-of-way of
the Union Pacific Railroad (formerly I & G.N. Railroad Company)
(width varies) filed for record under Volume 26, Page 351 of the
Montgomery County Deed Records, for the south corner of the herein
described tract, from which a found 8-inch by 8-inch concrete
monument bears South 86°25'45" West, 9.14 feet;
THENCE, along the northeast right-of-way of the said Union
Pacific Railroad and the southwest line of the herein described
tract the following five (5) courses and distances:
1. North 59°15'02" West, 1127.60 feet, departing the north
line of said Lot 7, to a set 3/4-inch iron rod (with cap stamped
"JonesCarter Property Corner");
2. North 30°44'58" East, 25.00 feet to a set 3/4-inch iron
rod (with cap stamped "JonesCarter Property Corner");
3. North 59°15'02" West, 600.00 feet to a set 3/4-inch iron
rod (with cap stamped "JonesCarter Property Corner");
4. South 30°44'58" West, 25.00 feet to a set 3/4-inch iron
rod (with cap stamped "JonesCarter Property Corner");
5. North 59°15'02" West, 1371.85 feet to a set 3/4-inch iron
rod (with cap stamped "JonesCarter Property Corner") in the south
line of a called 139.384 acre tract conveyed to Norma Helen
Schoessow by Special Warranty Deed dated October 23, 1995 and filed
for record under Clerk's File No. 9559657 of the Montgomery County
Official Public Records of Real Property, for the west corner of the
herein described tract, from which a found 8-inch by 8-inch
concrete monument bears South 87°11'00" East, 8.79 feet;
THENCE, North 87°11'00" East, 2105.63 feet (called 2114.59
feet), departing the northeast right-of-way of the said Union
Pacific Railroad, along the south line of said 139.384 acres, a
north line of said 279.65 acres, and a north line of the herein
described tract to a found 8-inch by 8-inch concrete monument, for
an angle corner for said 139.384 acres, said 279.65 acres, and the
herein described tract;
THENCE, North 32°44'24" East, along the southeast line of said
139.384 acres, the northwest line of said 279.65 acres, and the
northwest line of the herein described tract, passing a found
1/2-inch iron rod (bent) at 2037.03 feet, 4.74 feet right,
continuing for a total distance of 2056.48 feet to a found 1-inch
pinched top pipe, for an angle corner for said 139.384 acres, said
279.65 acres, and the herein described tract;
THENCE, North 02°29'44" West, 2678.96 feet (called 2681.84
feet) along the east line of said 139.384 acres, the west line of
said 279.65 acres, and the west line of the herein described tract
to a found 8-inch by 8-inch concrete monument in the south line of a
called 77.051 acre tract conveyed to Susan Halstead, Vincent S.
Halstead, Steven B. Schoessow, Clarice J. Fore, Curtis F.
Schoessow, Douglas P. Schoessow, Jana B. McNeil and Adrianne Leigh
Fore by Gift Deed dated October 10, 2014 and filed for record under
Clerk's File No. 2014100067 of the Montgomery County Official
Public Records of Real Property, for the northeast corner of said
139.384 acres and the northwest corner of said 279.65 acres, same
being the northwest corner of the herein described tract, from
which a found 1/2-inch iron pipe bears North 01°41'45" East, 0.61
feet;
THENCE, North 86°56'34" East, along the south line of said
77.051 acres, the north line of said 279.65 acres, and the north
line of the herein described tract, passing a found 1-inch pinched
top pipe at 298.14 feet, continuing along the north line of said
279.65 acres and the north line of the herein described tract for a
total distance of 715.80 feet to a set 3/4-inch iron rod (with cap
stamped "JonesCarter Property Corner") for an angle corner;
THENCE, North 86°38'34" East, 561.72 feet (called 561.50
feet), continuing along the north line of said 279.65 acres and the
north line of the herein described tract to a found 1/2-inch iron
pipe in the apparent east line of the Edward Taylor Survey, Abstract
Number 554 and the apparent west line of the Leander Wescott Survey,
Abstract Number 616, for the southeast corner of a called 10 acre
tract conveyed to Axe Em Investments, L.P. by Special Warranty Deed
dated October 1, 2003 and filed for record under Clerk's File
No. 2003-134286 of the Montgomery County Official Public Records of
Real Property and the northeast corner of said 279.65 acres, same
being the northeast corner of the herein described tract, from
which a found 1/2-inch iron rod bears North 03°18'03" West, 941.08
feet;
THENCE, South 02°35'38" East, along the apparent east line of
the Edward Taylor Survey, Abstract Number 554, the apparent west
line of the Leander Wescott Survey, Abstract Number 616, the east
line of said 279.65 acres and the east line of the herein described
tract, passing a found 1/2-inch iron pipe at a distance of 2090.96
feet, 12.71 feet right, a found 5/8-inch iron rod at a distance of
2094.87 feet, 12.74 feet right and a found 3/4-inch iron rod (with
cap stamped "JonesCarter Property Corner") (previously set for
survey of adjoining acreage) at a distance of 2107.96 feet,
continuing along apparent east line of the Edward Taylor Survey,
Abstract Number 554, the apparent west line of the Robin George
Survey, Abstract Number 470, the apparent west line of the Leander
Wescott Survey, Abstract Number 615, the west line of Block 4 of
Cripple Creek Farms North Section Three (an unrecorded
subdivision), the east line of said 279.65 acres and the east line
of the herein described tract, same being the common line of a
Boundary Agreement dated August 11, 1958 filed for record in Volume
458, Page 386 of the Montgomery County Deed Records, passing a found
1/2-inch iron pipe at a distance of 2978.61 feet, 4.46 feet right, a
found 1/2-inch iron pipe at a distance of 3178.70 feet, 4.50 feet
right, a found 5/8-inch iron rod at a distance of 3408.76 feet, 4.96
feet right, a found 1/2-inch iron pipe at a distance of 3638.37
feet, 5.76 feet right, a found 1/2-inch iron pipe at a distance of
3846.97 feet, 5.42 feet right, a found 1/2-inch iron pipe at a
distance of 4046.44 feet, 4.77 feet right, a found 3/4-inch iron rod
at a distance of 4246.56 feet, 4.32 feet right, a found 1/2-inch
iron pipe at a distance of 4446.96 feet, 5.22 feet right, a found
1/2-inch iron pipe at a distance of 4646.61 feet, 6.40 feet right, a
found 5/8-inch iron rod at a distance of 4845.95 feet, 6.30 feet
right, a found 1/2-inch iron pipe at a distance of 5044.96 feet,
6.79 feet right, a found 1/2-inch iron pipe at a distance of 5644.64
feet, 6.54 feet right, a found 1/4-inch iron pipe at a distance of
5665.25 feet, 7.16 feet right, a found 5/8-inch iron rod at a
distance of 5665.30 feet, 6.86 feet right, continuing for a total
distance of 6047.81 feet (called 6051.88 feet) to the POINT OF
BEGINNING, CONTAINING 279.07 acres of land in Montgomery County,
Texas, as shown on drawing number 9629-A.
TRACT 2
A METES AND BOUNDS description of a 842.23 acre tract of land
situated in the Charles Frazier Survey, Abstract Number 206, the
Andrew J. Hensley Survey, Abstract Number 255, the Azariah Prather
Survey, Abstract Number 427 and the Leander Wescott Survey,
Abstract Number 616, Montgomery County, Texas; being out of and a
part of a called 881.183 acre tract (Tract 1) conveyed to Mitchell
Energy Corporation by Special Warranty Deed dated July 31, 1997 and
filed for record under Clerk's File No. 9746155 of the Montgomery
County Official Public Records of Real Property; said 842.23 acres
being more particularly described as follows with all bearings
based on the Texas Coordinate System of 1983, Central Zone:
BEGINNING at a found 3-inch iron pipe for the north corner
Greentree Forest Estates (an Unrecorded Subdivision), same being an
interior corner of the herein described tract;
THENCE, South 42°47'48" West, along the northwest line of said
Greentree Forest Estates and a southeast line of said 881.183
acres, passing a found 5/8-inch iron rod at 256.52 feet, a found
1/2-inch iron rod at 374.49 feet, 0.17 feet left, a found 5/8-inch
iron rod at 847.40 feet, a found 5/8-inch iron rod at 965.59 feet,
0.38 feet right, a found 1/2-inch iron rod at 1202.01 feet, a found
1/2-inch iron rod at 1442.52 feet, 1.05 feet right, a found 5/8-inch
iron rod at 1686.50 feet and a found 1/2-inch iron rod at 1921.45
feet, continuing for a total distance of 2155.95 feet (called
2155.95 feet) to a set 3/4-inch iron rod (with cap stamped
"JonesCarter Property Corner") in the northeast line of called
4.615 acre tract, known as Tract 17, Block 4 of Cripple Creek Farms
North Section Three (an unrecorded subdivision), conveyed to Larry
Dan McQuerry and wife, Mary Margaret McQuerry by General Warranty
Deed dated April 2, 1980 and filed for record under Clerk's File
No. 8011618 of the Montgomery County Official Public Records of
Real Property, for a southwest corner of the herein described
tract, from which a found 1/2-inch iron rod bears South 47°45'18"
East, 171.07 feet;
THENCE, North 47°25'32" West, 433.31 feet (called 1246.42
feet), departing the northwest line of said Greentree Forest
Estates, along the northeast line of said 4.615 acres and a
southwest line of said 881.183 acres to a set 3/4-inch iron rod
(with cap stamped "JonesCarter Property Corner") in the east line
of a called 279.65 acre tract conveyed to Mitchell Energy
Corporation by Surface Deed and Subsurface Easement dated January
1, 1995 and file for record under Clerk's File No. 9509774 of the
Montgomery County Official Public Records of Real Property, same
being the apparent east line of the Edward Taylor Survey, Abstract
Number 554 and the apparent west line of the Leander Wescott Survey,
Abstract Number 616, from which found 3-1/2" iron pipe bears North
47°25'32" West, 812.94 feet, and a found 1/2-inch iron rod bears
South 02°35'38" East, 3939.85 feet;
THENCE, North 02°35'38" West, departing the northeast line of
said 4.615 acres, along the east line of said 279.65 acres, the
apparent east line of the Edward Taylor Survey, Abstract Number 554
and the apparent west line of the Leander Wescott Survey, Abstract
Number 616, passing a 5/8-inch iron rod at 13.09 feet, 12.74 feet
left and a found 1/2-inch iron pipe at 17.01 feet, 12.71 feet left,
continuing for a total distance of 2107.96 feet to a found 1/2-inch
iron pipe for the southeast corner of a called 10 acre tract
conveyed to Axe Em Investments, L.P. by Special Warranty Deed dated
October 1, 2003 and filed for record under Clerk's File
No. 2003-134286 of the Montgomery County Official Public Records of
Real Property, the northeast corner of said 279.65 acres and an
angle point in the west line of the herein described tract, from
which a found 3/4-inch iron rod (with cap stamped "JonesCarter
Property Corner") bears South 86°38'34" West, 561.72 feet;
THENCE, North 03°18'03" West, continuing along the apparent
east line of the Edward Taylor Survey, Abstract Number 554, the
apparent west line of the Leander Wescott Survey, Abstract Number
616, and the east line of said 10 acres, passing a 1/2-inch iron rod
at 220.99 feet, continuing along the east line of said 10 acres, the
east line of a called 5 acre tract and another called 10 acre tract
(hereinafter referred to as "northern 10 acres"), both conveyed to
Axe Em Investments, L.P. by Special Warranty Deed dated October 1,
2003 and filed for record under Clerk's File No. 2003-134286 of the
Montgomery County Official Public Records of Real Property for a
total distance of 941.08 feet to a found 1/2-inch iron rod in the
north line of said 881.183 acres for an angle point in the south
line of a called 757.02 acre tract ("Tract III") conveyed to 1488
Corp. by Special Warranty Deed dated December 29, 2015 and filed for
record under Clerk's File No. 2016002467 of the Montgomery County
Official Public Records of Real Property, same being the northwest
corner of the herein described tract, from which a found axle bears
North 48°48'43" West, 728.19 feet and a found 3/4-inch pinched top
pipe bears North 03°04'57" West, 1286.89 feet;
THENCE, departing the east line of said northern 10 acres,
the apparent east line of the Edward Taylor Survey, Abstract Number
554 and the apparent west line of the Leander Wescott Survey,
Abstract Number 616, along the south line of said 757.02 acres and
the north line of said 881.183 acres the following six (6) courses
and distances:
1. South 48°52'00" East, 593.66 feet (called 1321.86 feet)
to a found 3-inch iron pipe for an angle point;
2. North 42°00'28" East, 807.36 feet (called 807.98 feet) to
a found 3-inch iron pipe;
3. North 43°20'46" East, 781.14 feet (called 779.36 feet) to
a found 3/4-inch iron pipe;
4. North 41°41'25" East, 1538.43 feet (called 1540.14 feet)
to a found 3-inch iron pipe;
5. North 42°24'04" East, 777.81 feet (called 778.99 feet) to
a found 1/2-inch iron rod;
6. North 42°15'57" East, 706.71 feet (called 710.25 feet) to
a point in the centerline of Mill Creek, for the west corner of a
called 6.11186 acre tract, known as Tract 12 of Wildwood Estates (an
unrecorded subdivision), conveyed to John M. Burdick and wife,
Sandra A. Burdick by Warranty Deed dated October 14, 1991 and file
for record under Clerk's File No. 9148107 of the Montgomery County
Official Public Records of Real Property, same being the north
corner of said 881.183 acres and the herein described tract, from
which a found 1-inch iron pipe bears North 42°15'57" East, 1881.50
feet;
THENCE, departing the south line of said 757.02 acres, along
the centerline meanders of said Mill Creek, same being the east line
of said 881.183 acres, the following two-hundred and forty-six
(246) courses and distances:
1. South 12°18'18" East, 20.94 feet to a point;
2. South 22°23'59" East, 74.66 feet to a point;
3. South 42°53'52" West, 46.44 feet to a point;
4. South 36°58'56" West, 46.01 feet to a point;
5. South 09°52'55" East, 37.33 feet to a point;
6. North 87°56'29" East, 80.12 feet to a point;
7. South 45°12'31" East, 17.10 feet to a point;
8. South 10°52'22" East, 26.87 feet to a point;
9. South 02°05'39" East, 26.13 feet to a point;
10. South 12°44'29" East, 19.29 feet to a point;
11. South 04°45'43" West, 43.16 feet to a point;
12. South 35°59'36" East, 36.12 feet to a point;
13. South 09°16'25" West, 32.54 feet to a point;
14. South 12°40'55" West, 171.14 feet to a point;
15. South 06°14'53" East, 70.78 feet to a point;
16. South 41°23'52" East, 61.54 feet to a point;
17. South 14°42'38" East, 130.27 feet to a point;
18. South 23°55'53" East, 126.21 feet to a point;
19. South 10°03'51" East, 50.67 feet to a point;
20. South 36°50'20" East, 107.39 feet to a point;
21. South 10°43'38" East, 60.21 feet to a point;
22. South 21°14'15" West, 153.28 feet to a point;
23. South 22°33'14" West, 58.07 feet to a point;
24. South 05°35'01" West, 20.25 feet to a point;
25. South 61°22'44" East, 38.41 feet to a point;
26. South 69°02'33" East, 58.99 feet to a point;
27. South 12°12'50" East, 124.16 feet to a point;
28. South 32°31'48" East, 44.10 feet to a point;
29. South 57°36'47" East, 61.05 feet to a point;
30. South 53°27'39" East, 56.94 feet to a point;
31. South 33°14'19" East, 97.80 feet to a point;
32. South 21°00'11" East, 47.88 feet to a point;
33. South 00°14'08" West, 9.48 feet to a point;
34. South 35°38'34" West, 15.42 feet to a point;
35. South 05°09'49" West, 35.23 feet to a point;
36. South 41°24'16" East, 29.71 feet to a point;
37. South 59°26'29" East, 22.32 feet to a point;
38. South 69°02'33" East, 324.70 feet to a point;
39. South 85°20'52" East, 48.71 feet to a point;
40. North 78°12'44" East, 26.46 feet to a point;
41. North 42°26'02" East, 37.26 feet to a point;
42. North 09°57'57" East, 21.44 feet to a point;
43. North 71°11'45" West, 44.32 feet to a point;
44. North 43°20'43" West, 8.72 feet to a point;
45. North 01°04'41" West, 22.38 feet to a point;
46. North 21°27'17" East, 14.55 feet to a point;
47. North 35°12'16" East, 57.34 feet to a point;
48. South 40°49'24" East, 26.21 feet to a point;
49. South 26°33'49" East, 19.14 feet to a point;
50. South 78°44'47" East, 39.61 feet to a point;
51. South 42°37'50" East, 117.76 feet to a point;
52. South 63°31'02" East, 54.42 feet to a point;
53. North 86°22'35" East, 14.48 feet to a point;
54. South 83°23'38" East, 50.81 feet to a point;
55. South 41°53'26" East, 37.41 feet to a point;
56. South 10°42'29" East, 156.83 feet to a point;
57. South 50°37'37" East, 26.55 feet to a point;
58. South 35°05'48" East, 74.85 feet to a point;
59. South 34°45'59" East, 50.28 feet to a point;
60. South 63°14'51" East, 163.53 feet to a point;
61. South 87°53'24" East, 20.12 feet to a point;
62. North 48°15'22" East, 95.09 feet to a point;
63. South 57°40'49" East, 12.18 feet to a point;
64. South 55°52'46" East, 39.03 feet to a point;
65. South 30°38'19" East, 13.33 feet to a point;
66. South 17°12'36" East, 20.13 feet to a point;
67. South 54°53'29" East, 145.28 feet to a point;
68. South 66°39'02" East, 56.87 feet to a point;
69. South 75°44'05" East, 87.52 feet to a point;
70. South 58°53'21" East, 90.35 feet to a point;
71. North 88°28'59" East, 42.27 feet to a point;
72. South 56°16'37" East, 181.99 feet to a point;
73. South 40°53'21" East, 125.58 feet to a point;
74. South 31°26'40" West, 50.99 feet to a point;
75. South 28°10'18" West, 24.21 feet to a point;
76. South 77°29'22" East, 19.73 feet to a point;
77. South 50°09'42" East, 96.47 feet to a point;
78. South 56°32'41" East, 38.23 feet to a point;
79. South 54°49'44" East, 31.98 feet to a point;
80. North 77°40'42" East, 30.26 feet to a point;
81. North 80°05'57" East, 64.03 feet to a point;
82. South 66°03'01" East, 290.35 feet to a point;
83. South 63°25'23" East, 170.62 feet to a point;
84. South 62°41'27" East, 181.12 feet to a point;
85. South 49°53'40" East, 59.94 feet to a point;
86. South 39°07'27" East, 46.28 feet to a point;
87. South 05°14'20" West, 92.52 feet to a point;
88. South 63°37'44" West, 38.32 feet to a point;
89. South 46°52'08" West, 17.69 feet to a point;
90. South 30°30'24" West, 32.48 feet to a point;
91. South 52°08'30" West, 30.87 feet to a point;
92. North 88°59'43" West, 56.63 feet to a point;
93. South 40°10'42" West, 137.98 feet to a point;
94. South 17°29'36" West, 77.42 feet to a point;
95. South 00°37'28" East, 30.27 feet to a point;
96. South 83°36'36" East, 64.24 feet to a point;
97. South 86°39'20" East, 105.45 feet to a point;
98. South 46°06'16" East, 176.19 feet to a point;
99. South 56°22'42" East, 61.38 feet to a point;
100. South 53°51'41" East, 64.61 feet to a point;
101. North 46°16'54" East, 19.60 feet to a point;
102. North 42°53'51" East, 33.81 feet to a point;
103. North 81°54'47" East, 105.65 feet to a point;
104. South 78°49'30" East, 53.59 feet to a point;
105. South 39°53'14" East, 18.21 feet to a point;
106. South 27°02'07" East, 57.44 feet to a point;
107. South 40°36'08" East, 83.23 feet to a point;
108. South 36°14'03" East, 104.79 feet to a point;
109. South 21°55'33" West, 120.32 feet to a point;
110. South 45°28'18" West, 24.82 feet to a point;
111. North 87°16'18" West, 60.19 feet to a point;
112. South 04°03'57" West, 40.49 feet to a point;
113. South 19°30'55" West, 113.56 feet to a point;
114. South 17°09'33" West, 26.63 feet to a point;
115. South 06°32'51" West, 52.58 feet to a point;
116. South 48°03'00" East, 198.07 feet to a point;
117. South 78°07'22" East, 39.83 feet to a point;
118. South 45°15'38" East, 108.53 feet to a point;
119. South 15°27'32" East, 74.05 feet to a point;
120. South 29°42'12" East, 187.05 feet to a point;
121. South 10°51'23" East, 98.64 feet to a point;
122. South 13°57'22" West, 16.81 feet to a point;
123. South 05°41'13" East, 152.49 feet to a point;
124. South 04°31'17" East, 117.06 feet to a point;
125. South 04°48'51" West, 67.94 feet to a point;
126. South 20°51'03" West, 86.27 feet to a point;
127. South 48°35'35" West, 63.11 feet to a point;
128. South 48°58'11" West, 27.31 feet to a point;
129. South 41°19'59" West, 147.94 feet to a point;
130. South 16°43'24" West, 51.25 feet to a point;
131. South 38°48'25" West, 129.88 feet to a point;
132. South 48°43'18" West, 33.26 feet to a point;
133. South 49°33'27" West, 63.28 feet to a point;
134. South 34°02'23" West, 138.93 feet to a point;
135. South 43°19'50" West, 77.02 feet to a point;
136. South 21°42'27" East, 21.32 feet to a point;
137. South 19°31'50" East, 69.55 feet to a point;
138. South 10°43'23" East, 164.23 feet to a point;
139. South 50°46'56" East, 96.05 feet to a point;
140. South 38°12'17" East, 124.95 feet to a point;
141. South 14°25'39" East, 40.20 feet to a point;
142. South 04°53'50" East, 123.95 feet to a point;
143. South 32°39'47" East, 115.61 feet to a point;
144. South 15°59'49" East, 145.05 feet to a point;
145. South 44°34'59" East, 144.65 feet to a point;
146. South 62°03'10" East, 95.40 feet to a point;
147. South 79°38'44" East, 72.91 feet to a point;
148. South 10°24'52" East, 229.66 feet to a point;
149. North 68°22'11" West, 80.47 feet to a point;
150. South 07°25'05" East, 48.42 feet to a point;
151. South 02°41'47" West, 198.27 feet to a point;
152. South 43°12'25" West, 88.27 feet to a point;
153. South 51°53'13" West, 53.80 feet to a point;
154. South 46°45'22" East, 42.20 feet to a point;
155. South 61°43'29" East, 161.36 feet to a point;
156. South 28°19'40" East, 101.12 feet to a point;
157. South 32°48'06" East, 144.76 feet to a point;
158. South 50°37'24" East, 51.47 feet to a point;
159. South 28°01'42" East, 126.58 feet to a point;
160. South 38°57'45" East, 107.31 feet to a point;
161. South 50°24'34" East, 71.71 feet to a point;
162. South 09°29'22" East, 212.34 feet to a point;
163. South 00°20'59" West, 132.90 feet to a point;
164. South 19°40'54" East, 86.34 feet to a point;
165. South 14°58'26" West, 140.70 feet to a point;
166. South 10°08'09" West, 74.76 feet to a point;
167. South 53°21'21" West, 115.04 feet to a point;
168. South 27°54'49" West, 62.71 feet to a point;
169. South 34°48'30" East, 61.40 feet to a point;
170. South 66°20'22" East, 141.85 feet to a point;
171. South 72°53'56" East, 64.16 feet to a point;
172. South 80°40'10" East, 93.92 feet to a point;
173. North 88°21'42" East, 215.53 feet to a point;
174. North 72°22'13" East, 72.02 feet to a point;
175. North 30°33'22" East, 51.13 feet to a point;
176. North 53°06'11" East, 67.65 feet to a point;
177. South 89°23'41" East, 60.02 feet to a point;
178. North 69°42'48" East, 89.16 feet to a point;
179. North 84°21'21" East, 28.12 feet to a point;
180. South 65°03'29" East, 63.15 feet to a point;
181. South 24°31'20" East, 153.15 feet to a point;
182. South 79°55'10" East, 74.23 feet to a point;
183. South 30°19'44" East, 69.41 feet to a point;
184. South 26°36'17" West, 67.33 feet to a point;
185. South 51°53'55" East, 28.30 feet to a point;
186. South 48°09'02" East, 20.98 feet to a point;
187. South 69°54'32" East, 42.71 feet to a point;
188. South 49°35'02" East, 114.15 feet to a point;
189. South 61°51'29" East, 70.82 feet to a point;
190. North 56°45'53" East, 81.24 feet to a point;
191. North 10°22'42" West, 27.52 feet to a point;
192. North 44°20'07" West, 46.76 feet to a point;
193. North 14°23'02" West, 40.60 feet to a point;
194. North 81°26'55" East, 88.16 feet to a point;
195. South 81°27'52" East, 225.26 feet to a point;
196. North 50°13'30" East, 52.21 feet to a point;
197. South 83°42'53" East, 38.65 feet to a point;
198. South 53°20'17" East, 54.33 feet to a point;
199. South 34°41'44" East, 78.36 feet to a point;
200. South 04°59'36" West, 17.83 feet to a point;
201. South 75°56'24" West, 26.48 feet to a point;
202. North 80°06'10" West, 22.44 feet to a point;
203. South 15°30'22" West, 102.03 feet to a point;
204. South 77°49'42" West, 77.55 feet to a point;
205. South 05°43'31" West, 17.16 feet to a point;
206. South 36°38'48" East, 52.50 feet to a point;
207. South 22°17'18" West, 18.42 feet to a point;
208. South 46°04'19" West, 106.13 feet to a point;
209. South 00°20'40" East, 46.25 feet to a point;
210. North 86°03'23" East, 65.78 feet to a point;
211. South 88°15'33" East, 59.39 feet to a point;
212. South 72°52'21" East, 84.16 feet to a point;
213. South 22°30'03" East, 31.04 feet to a point;
214. South 07°37'19" West, 34.13 feet to a point;
215. South 13°51'28" East, 32.68 feet to a point;
216. South 42°01'46" East, 82.75 feet to a point;
217. South 32°57'14" East, 31.07 feet to a point;
218. South 26°42'20" West, 36.83 feet to a point;
219. South 51°10'47" West, 104.44 feet to a point;
220. South 78°09'38" West, 133.44 feet to a point;
221. North 65°18'54" West, 40.51 feet to a point;
222. North 20°57'04" West, 19.22 feet to a point;
223. North 20°58'16" East, 21.54 feet to a point;
224. North 31°10'24" West, 21.19 feet to a point;
225. South 86°54'36" West, 98.56 feet to a point;
226. South 62°17'52" West, 61.48 feet to a point;
227. South 10°48'36" West, 14.13 feet to a point;
228. South 68°28'09" West, 146.02 feet to a point;
229. South 66°50'57" West, 13.98 feet to a point;
230. South 54°14'31" West, 9.13 feet to a point;
231. South 28°53'35" West, 47.36 feet to a point;
232. South 14°53'51" East, 38.67 feet to a point;
233. South 33°16'15" West, 110.49 feet to a point;
234. South 25°51'57" West, 87.36 feet to a point;
235. South 24°40'48" West, 168.46 feet to a point;
236. South 18°07'49" West, 119.57 feet to a point;
237. South 07°55'38" West, 73.03 feet to a point;
238. South 30°22'38" East, 68.89 feet to a point;
239. South 08°41'13" West, 43.89 feet to a point;
240. South 20°25'31" West, 64.73 feet to a point;
241. South 06°48'07" West, 63.29 feet to a point;
242. South 07°37'07" West, 39.79 feet to a point;
243. South 28°55'17" West, 36.09 feet to a point;
244. South 66°13'24" West, 56.17 feet to a point;
245. South 43°02'27" West, 59.63 feet to a point;
246. South 13°44'31" West, 6.84 feet to a point in the
northeast line of Mill Creek Forest as shown on a plat filed for
record in Volume 5, Page 491 of the Montgomery County Deed Records
for the most southerly corner of said 881.183 acres and the herein
described tract;
THENCE, North 46°43'05" West, departing the centerline
meanders of said Mill Creek, along the northeast line of said Mill
Creek Forest, and the southwest line of said 881.183 acres, passing
a found 1/2-inch iron rod (with cap stamped "Reinke 3971") at 61.41
feet, continuing for a total distance of 397.79 feet (called
414.06) to a found 1/2-inch iron rod (with cap stamped "Geomatics
Inc.") for the north corner of said Mill Creek Forest, and an
interior corner of said 881.183 acres and the herein described
tract;
THENCE, South 43°03'45" West, along the northwest line of said
Mill Creek Forest and a southeast line of said 881.183 acres,
passing a found 3/4-inch iron pipe at 104.79 feet, 0.97 feet right,
continuing for a total distance of 198.18 feet (called 192.78 feet)
to a set 3/4-inch iron rod (with cap stamped "JonesCarter Property
Corner") for the east corner of Lot 14, Block 44 of Hazy Hollow East
Estates Section 7 (an unrecorded subdivision) conveyed to Malcom
James Johnson by Warranty Deed dated April 5, 1991 and filed for
record under Clerk's File No. 9230908 of the Montgomery County
Official Public Records of Real Property, a south corner of said
881.183 acres and the herein described tract;
THENCE, departing the northwest line of said Mill Creek
Forest along the southwest line of said 881.183 acres and the herein
described tract the following seven (7) courses and distances:
1. North 47°15'15" West, along the northeast line said Hazy
Hollow East Estates Section 7, passing a found 3/8-inch iron rod at
1321.03 feet, 1.17 feet left, passing a found 1/2-inch iron rod at
1429.95 feet, 1.21 feet left, continuing for a total distance of
1755.51 feet to an angle point, from which a found 1/2-inch iron rod
bears North 21°27'43" West 4.22 feet;
2. North 47°29'30" West, along the northeast line of said
Hazy Hollow East Estates Section 7 and the northeast line of Hazy
Hollow East Estates Section 4 (an unrecorded subdivision), passing
a found 3/8-inch iron rod at 393.30 feet, 1.24 feet right,
continuing for a total distance of 711.72 feet to a point;
3. North 47°20'39" West, along the northeast line of Hazy
Hollow East Estates Section 10 (an unrecorded subdivision), passing
a found 3/8-inch iron rod at 126.64 feet, 2.16 feet right, passing a
found 3/8-inch iron rod at 375.33 feet, 1.09 feet right, passing a
found 3/8-inch iron rod at 499.77 feet, 0.63 feet right, continuing
for a total distance of 527.41 feet to a point;
4. North 47°17'20" West, along the northeast line of said
Hazy Hollow East Estates Section 10, passing a found 5/8-inch iron
rod at 96.90 feet, 0.38 feet right, a found 1/2-inch iron rod (bent)
at 289.53 feet, a found 3/8-inch iron rod at 422.16 feet, 0.24 feet
right, a found 1/2-inch iron rod at 554.92 feet, a found 5/8-inch
iron rod at 687.54 feet, a found 3/8-inch iron rod at 1116.06 feet,
0.31 feet left, a found 3/8-inch iron rod at 1239.11 feet, 0.41 feet
left, a found 3/8-inch iron rod at 1484.87 feet, 0.98 feet left, a
found 3/8-inch iron rod at 1608.04 feet, 1.32 feet left, a found
3/8-inch iron rod at 1731.04 feet, 1.21 feet left, a found 3/8-inch
iron rod at 1854.08 feet, 0.55 feet left, a found 5/8-inch square
iron bar at 1977.47 feet, 0.11 feet right, a found 5/8-inch square
iron bar at 2037.11 feet, 0.36 feet right, a found 3/8-inch iron rod
at 2159.55 feet, 1.03 feet right, a found 1/2-inch iron rod (with
cap stamped "C&C Surveying") at 2282.80 feet, 0.18 feet right, a
found 1/2-inch iron rod (with cap stamped "C&C Surveying") at
2405.70 feet, and a found 3/8-inch iron rod at 2897.75 feet, 0.13
feet right, continuing for a total distance of 3015.29 feet to a
point;
5. North 47°22'30" West, along the northeast line of Hazy
Hollow East Estates Section 11 (an unrecorded subdivision), passing
a found 3/8-inch iron rod at 5.37 feet, 2.20 feet left, a found
3/8-inch iron rod at 128.11 feet, 3.14 feet left, a found 3/8-inch
iron rod at 251.00 feet, 3.59 feet left, a found 3/8-inch iron rod
at 373.97 feet, 3.79 feet left, a found 3/8-inch iron rod at 496.74
feet, 3.70 feet left, a found 3/8-inch iron rod at 619.44 feet, 3.76
feet left, a found 3/8-inch iron rod at 743.26 feet, 1.81 feet
left, and a found 3/8-inch iron rod at 988.51 feet, 0.13 feet left,
continuing for a total distance of 1784.65 feet to a found 1/2-inch
iron rod for the north corner of said Hazy Hollow East Estates
Section 11 and the east corner of Greentree Forest Estates (an
unrecorded subdivision);
6. North 47°01'59" West, along the northeast line of said
Greentree Forest Estates, passing a found 1/2-inch iron rod at
354.40 feet, passing a found 5/8-inch iron rod at 414.22 feet,
continuing for a total distance of 498.04 feet to a found 3-1/2-inch
iron pipe;
7. North 47°36'37" West, 270.64 feet (called 270.76 feet) to
the POINT OF BEGINNING, CONTAINING 842.23 acres of land in
Montgomery County, Texas, as shown on drawing number 9630-A.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act have been
fulfilled and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4657 was passed by the House on May 3,
2019, by the following vote: Yeas 128, Nays 12, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4657 on May 24, 2019, by the following vote: Yeas 100, Nays 41,
3 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4657 was passed by the Senate, with
amendments, on May 22, 2019, by the following vote: Yeas 28, Nays
3.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor