Texas 2019 - 86th Regular

Texas House Bill HB4661 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4661
	1	+	By: Bailes (Senate Sponsor - Nichols) H.B. No. 4661
	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 19, 2019, reported adversely,
	5	+	with favorable Committee Substitute by the following vote: Yeas 7,
	6	+	Nays 0; May 19, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 4661 By: Schwertner
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the creation of Plum Creek Management District No. 1 of
6	14		Liberty County; providing authority to issue bonds; providing
7	15		authority to impose assessments, fees, or taxes.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. Subtitle C, Title 4, Special District Local Laws
10	18		Code, is amended by adding Chapter 3982 to read as follows:
11	19		CHAPTER 3982. PLUM CREEK MANAGEMENT DISTRICT NO. 1 OF LIBERTY
12	20		COUNTY
13	21		SUBCHAPTER A. GENERAL PROVISIONS
14	22		Sec. 3982.0101. DEFINITIONS. In this chapter:
15	23		(1) "Board" means the district's board of directors.
16	24		(2) "County" means Liberty County.
17	25		(3) "Director" means a board member.
18	26		(4) "District" means the Plum Creek Management
19	27		District No. 1 of Liberty County.
20	28		Sec. 3982.0102. NATURE OF DISTRICT. The district is a
21	29		special district created under Section 59, Article XVI, Texas
22	30		Constitution.
23	31		Sec. 3982.0103. PURPOSE; DECLARATION OF INTENT. (a) The
24	32		creation of the district is essential to accomplish the purposes of
25	33		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
26	34		Texas Constitution, and other public purposes stated in this
27	35		chapter. By creating the district and in authorizing the county and
28	36		other political subdivisions to contract with the district, the
29	37		legislature has established a program to accomplish the public
30	38		purposes set out in Section 52-a, Article III, Texas Constitution.
31	39		(b) The creation of the district is necessary to promote,
32	40		develop, encourage, and maintain employment, commerce,
33	41		transportation, housing, tourism, recreation, the arts,
34	42		entertainment, economic development, safety, and the public
35	43		welfare in the district.
36	44		(c) This chapter and the creation of the district may not be
37	45		interpreted to relieve the county from providing the level of
38	46		services provided as of the effective date of the Act enacting this
39	47		chapter to the area in the district. The district is created to
40	48		supplement and not to supplant county services provided in the
41	49		district.
42	50		Sec. 3982.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
43	51		(a) The district is created to serve a public use and benefit.
44	52		(b) All land and other property included in the district
45	53		will benefit from the improvements and services to be provided by
46	54		the district under powers conferred by Sections 52 and 52-a,
47	55		Article III, and Section 59, Article XVI, Texas Constitution, and
48	56		other powers granted under this chapter.
49	57		(c) The creation of the district is in the public interest
50	58		and is essential to further the public purposes of:
51	59		(1) developing and diversifying the economy of the
52	60		state;
53	61		(2) eliminating unemployment and underemployment; and
54	62		(3) developing or expanding transportation and
55	63		commerce.
56	64		(d) The district will:
57	65		(1) promote the health, safety, and general welfare of
58	66		residents, employers, potential employees, employees, visitors,
59	67		and consumers in the district, and of the public;
60	68		(2) provide needed funding for the district to
61	69		preserve, maintain, and enhance the economic health and vitality of
62	70		the district territory as a community and business center;
63	71		(3) promote the health, safety, welfare, and enjoyment
64	72		of the public by providing pedestrian ways and by landscaping and
65	73		developing certain areas in the district, which are necessary for
66	74		the restoration, preservation, and enhancement of scenic beauty;
67	75		and
68	76		(4) provide for water, wastewater, drainage, road,
69	77		transportation, and recreational facilities for the district.
70	78		(e) Pedestrian ways along or across a street, whether at
71	79		grade or above or below the surface, and street lighting, street
72	80		landscaping, parking, and street art objects are parts of and
73	81		necessary components of a street and are considered to be a street
74	82		or road improvement.
75	83		(f) The district will not act as the agent or
76	84		instrumentality of any private interest even though the district
77	85		will benefit many private interests as well as the public.
78	86		Sec. 3982.0105. INITIAL DISTRICT TERRITORY. (a) The
79	87		district is initially composed of the territory described by
80	88		Section 2 of the Act enacting this chapter.
81	89		(b) The boundaries and field notes contained in Section 2 of
82	90		the Act enacting this chapter form a closure. A mistake in the
83	91		field notes or in copying the field notes in the legislative process
84	92		does not affect the district's:
85	93		(1) organization, existence, or validity;
86	94		(2) right to issue any type of bonds for the purposes
87	95		for which the district is created or to pay the principal of and
88	96		interest on the bonds;
89	97		(3) right to impose or collect an assessment or tax; or
90	98		(4) legality or operation.
91	99		Sec. 3982.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
92	100		All or any part of the area of the district is eligible to be
93	101		included in:
94	102		(1) a tax increment reinvestment zone created under
95	103		Chapter 311, Tax Code;
96	104		(2) a tax abatement reinvestment zone created under
97	105		Chapter 312, Tax Code;
98	106		(3) an enterprise zone created under Chapter 2303,
99	107		Government Code; or
100	108		(4) an industrial district created under Chapter 42,
101	109		Local Government Code.
102	110		Sec. 3982.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
103	111		DISTRICTS LAW. Except as otherwise provided by this chapter,
104	112		Chapter 375, Local Government Code, applies to the district.
105	113		Sec. 3982.0108. CONSTRUCTION OF CHAPTER. This chapter
106	114		shall be liberally construed in conformity with the findings and
107	115		purposes stated in this chapter.
108	116		Sec. 3982.0109. CONFLICTS OF LAW. This chapter prevails
109	117		over any provision of general law, including a provision of Chapter
110	118		375, Local Government Code, or Chapter 49, Water Code, that is in
111	119		conflict or inconsistent with this chapter.
112	120		SUBCHAPTER B. BOARD OF DIRECTORS
113	121		Sec. 3982.0201. GOVERNING BODY; TERMS. (a) The district is
114	122		governed by a board of five directors elected or appointed as
115	123		provided by this chapter and Subchapter D, Chapter 49, Water Code.
116	124		(b) Except as provided by Section 3982.0204, directors
117	125		serve staggered four-year terms.
118	126		Sec. 3982.0202. QUORUM. For purposes of determining the
119	127		requirements for a quorum of the board, the following are not
120	128		counted:
121	129		(1) a board position vacant for any reason, including
122	130		death, resignation, or disqualification; or
123	131		(2) a director who is abstaining from participation in
124	132		a vote because of a conflict of interest.
125	133		Sec. 3982.0203. COMPENSATION. A director is entitled to
126	134		receive fees of office and reimbursement for actual expenses as
127	135		provided by Section 49.060, Water Code. Sections 375.069 and
128	136		375.070, Local Government Code, do not apply to the board.
129	137		Sec. 3982.0204. TEMPORARY DIRECTORS. (a) The temporary
130	138		board consists of:
131	139		(1) Alison Henderson;
132	140		(2) Emily Lewis;
133	141		(3) Vanessa Loftus;
134	142		(4) Courtney Lundquist; and
135	143		(5) Elizabeth Canfield.
136	144		(b) The temporary or successor temporary directors shall
137	145		hold an election to elect five permanent directors as provided by
138	146		Section 49.102, Water Code.
139	147		(c) Temporary directors serve until the earlier of:
140	148		(1) the date permanent directors are elected under
141	149		Subsection (b); or
142	150		(2) the fourth anniversary of the effective date of
143	151		the Act enacting this chapter.
144	152		(d) If permanent directors have not been elected under
145	153		Subsection (b) and the terms of the temporary directors have
146	154		expired, successor temporary directors shall be appointed or
147	155		reappointed as provided by Subsection (e) to serve terms that
148	156		expire on the earlier of:
149	157		(1) the date permanent directors are elected under
150	158		Subsection (b); or
151	159		(2) the fourth anniversary of the date of the
152	160		appointment or reappointment.
153	161		(e) If Subsection (d) applies, the owner or owners of a
154	162		majority of the assessed value of the real property in the district
155	163		may submit a petition to the Texas Commission on Environmental
156	164		Quality requesting that the commission appoint as successor
157	165		temporary directors the five persons named in the petition. The
158	166		commission shall appoint as successor temporary directors the five
159	167		persons named in the petition.
160	168		SUBCHAPTER C. POWERS AND DUTIES
161	169		Sec. 3982.0301. GENERAL POWERS AND DUTIES. The district
162	170		has the powers and duties necessary to accomplish the purposes for
163	171		which the district is created.
164	172		Sec. 3982.0302. IMPROVEMENT PROJECTS AND SERVICES. (a)
165	173		The district may provide, design, construct, acquire, improve,
166	174		relocate, operate, maintain, or finance an improvement project or
167	175		service using money available to the district, or contract with a
168	176		governmental or private entity to provide, design, construct,
169	177		acquire, improve, relocate, operate, maintain, or finance an
170	178		improvement project or service authorized under this chapter or
171	179		under Chapter 375, Local Government Code.
172	180		(b) An improvement project described by Subsection (a) may
173	181		be located inside or outside the district.
174	182		Sec. 3982.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
175	183		52, Article III, Texas Constitution, the district may own, operate,
176	184		maintain, design, acquire, construct, finance, issue bonds, notes,
177	185		or other obligations for, improve, and convey to this state, a
178	186		county, or a municipality for ownership, operation, and maintenance
179	187		macadamized, graveled, or paved roads or improvements, including
180	188		storm drainage, in aid of those roads.
181	189		Sec. 3982.0304. CONVEYANCE AND APPROVAL OF ROAD PROJECT.
182	190		(a) The district may convey a road project authorized by Section
183	191		3982.0303 to:
184	192		(1) a municipality or county that will operate and
185	193		maintain the road if the municipality or county has approved the
186	194		plans and specifications of the road project; or
187	195		(2) the state if the state will operate and maintain
188	196		the road and the Texas Transportation Commission has approved the
189	197		plans and specifications of the road project.
190	198		(b) Except as provided by Subsection (c), the district shall
191	199		operate and maintain a road project authorized by Section 3982.0303
192	200		that the district implements and does not convey to a municipality,
193	201		a county, or this state under Subsection (a).
194	202		(c) The district may agree in writing with a municipality, a
195	203		county, or this state to assign operation and maintenance duties to
196	204		the district, the municipality, the county, or this state in a
197	205		manner other than the manner described in Subsections (a) and (b).
198	206		Sec. 3982.0305. NONPROFIT CORPORATION. (a) The board by
199	207		resolution may authorize the creation of a nonprofit corporation to
200	208		assist and act for the district in implementing a project or
201	209		providing a service authorized by this chapter.
202	210		(b) The nonprofit corporation:
203	211		(1) has each power of and is considered to be a local
204	212		government corporation created under Subchapter D, Chapter 431,
205	213		Transportation Code; and
206	214		(2) may implement any project and provide any service
207	215		authorized by this chapter.
208	216		(c) The board shall appoint the board of directors of the
209	217		nonprofit corporation. The board of directors of the nonprofit
210	218		corporation shall serve in the same manner as the board of directors
211	219		of a local government corporation created under Subchapter D,
212	220		Chapter 431, Transportation Code, except that a board member is not
213	221		required to reside in the district.
214	222		Sec. 3982.0306. AGREEMENTS; GRANTS. (a) As provided by
215	223		Chapter 375, Local Government Code, the district may make an
216	224		agreement with or accept a gift, grant, or loan from any person.
217	225		(b) The implementation of a project is a governmental
218	226		function or service for the purposes of Chapter 791, Government
219	227		Code.
220	228		Sec. 3982.0307. LAW ENFORCEMENT SERVICES. To protect the
221	229		public interest, the district may contract with a qualified party,
222	230		including the county, to provide law enforcement services in the
223	231		district.
224	232		Sec. 3982.0308. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
225	233		The district may join and pay dues to a charitable or nonprofit
226	234		organization that performs a service or provides an activity
227	235		consistent with the furtherance of a district purpose.
228	236		Sec. 3982.0309. ECONOMIC DEVELOPMENT. (a) The district
229	237		may engage in activities that accomplish the economic development
230	238		purposes of the district.
231	239		(b) The district may establish and provide for the
232	240		administration of one or more programs to promote state or local
233	241		economic development and to stimulate business and commercial
234	242		activity in the district, including programs to:
235	243		(1) make loans and grants of public money; and
236	244		(2) provide district personnel and services.
237	245		(c) The district may create economic development programs
238	246		and exercise the economic development powers provided to
239	247		municipalities by:
240	248		(1) Chapter 380, Local Government Code; and
241	249		(2) Subchapter A, Chapter 1509, Government Code.
242	250		Sec. 3982.0310. PARKING FACILITIES. (a) The district may
243	251		acquire, lease as lessor or lessee, construct, develop, own,
244	252		operate, and maintain parking facilities or a system of parking
245	253		facilities, including lots, garages, parking terminals, or other
246	254		structures or accommodations for parking motor vehicles off the
247	255		streets and related appurtenances.
248	256		(b) The district's parking facilities serve the public
249	257		purposes of the district and are owned, used, and held for a public
250	258		purpose even if leased or operated by a private entity for a term of
251	259		years.
252	260		(c) The district's parking facilities are parts of and
253	261		necessary components of a street and are considered to be a street
254	262		or road improvement.
255	263		(d) The development and operation of the district's parking
256	264		facilities may be considered an economic development program.
257	265		Sec. 3982.0311. NO TOLL ROADS. The district may not
258	266		construct, acquire, maintain, or operate a toll road.
259	267		Sec. 3982.0312. RAIL FACILITIES. The district may
260	268		construct, acquire, improve, maintain, and operate rail facilities
261	269		and improvements in aid of those facilities.
262	270		Sec. 3982.0313. ANNEXATION OR EXCLUSION OF LAND. (a) The
263	271		district may annex land as provided by Subchapter J, Chapter 49,
264	272		Water Code.
265	273		(b) The district may exclude land as provided by Subchapter
266	274		J, Chapter 49, Water Code. Section 375.044(b), Local Government
267	275		Code, does not apply to the district.
268	276		Sec. 3982.0314. DIVISION OF DISTRICT. (a) The district may
269	277		be divided into two or more new districts only if the district:
270	278		(1) has no outstanding bonded debt; and
271	279		(2) is not imposing ad valorem taxes.
272	280		(b) This chapter applies to any new district created by the
273	281		division of the district, and a new district has all the powers and
274	282		duties of the district.
275	283		(c) Any new district created by the division of the district
276	284		may, at the time the new district is created, contain only:
277	285		(1) land within the area described by Section 2 of the
278	286		Act enacting this chapter; or
279	287		(2) any land adjacent to the area described by Section
280	288		2 of the Act enacting this chapter if that adjacent land is:
281	289		(A) not within the extraterritorial jurisdiction
282	290		of a municipality; or
283	291		(B) within the extraterritorial jurisdiction of
284	292		a municipality and that adjacent land has been approved for
285	293		inclusion in the district under an ordinance or resolution adopted
286	294		by the municipality consenting to the inclusion.
287	295		(d) The board, on its own motion or on receipt of a petition
288	296		signed by the owner or owners of a majority of the assessed value of
289	297		the real property in the district, may adopt an order dividing the
290	298		district.
291	299		(e) The board may adopt an order dividing the district
292	300		before or after the date the board holds an election under Section
293	301		3982.0204 to elect the district's permanent directors.
294	302		(f) An order dividing the district must:
295	303		(1) name each new district;
296	304		(2) include the metes and bounds description of the
297	305		territory of each new district;
298	306		(3) appoint temporary directors for each new district;
299	307		and
300	308		(4) provide for the division of assets and liabilities
301	309		between or among the new districts.
302	310		(g) On or before the 30th day after the date of adoption of
303	311		an order dividing the district, the district shall file the order
304	312		with the Texas Commission on Environmental Quality and record the
305	313		order in the real property records of each county in which the
306	314		district is located.
307	315		(h) Any new district created by the division of the district
308	316		shall hold a permanent directors' election as required by Section
309	317		3982.0204.
310	318		(i) Municipal consent by a municipality is not required for
311	319		the creation of any new district created under this section.
312	320		(j) Any new district created by the division of the district
313	321		must hold an election as required by this chapter to obtain voter
314	322		approval before the district may impose a maintenance tax or issue
315	323		bonds payable wholly or partly from ad valorem taxes or sales and
316	324		use taxes.
317	325		(k) If the voters of a new district do not confirm the
318	326		creation of the new district, the assets, obligations, territory,
319	327		and governance of the new district revert to that of the original
320	328		district.
321	329		Sec. 3982.0315. NO EMINENT DOMAIN POWER. The district may
322	330		not exercise the power of eminent domain.
323	331		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
324	332		Sec. 3982.0401. DISBURSEMENTS AND TRANSFERS OF MONEY. The
325	333		board by resolution shall establish the number of directors'
326	334		signatures and the procedure required for a disbursement or
327	335		transfer of district money.
328	336		Sec. 3982.0402. MONEY USED FOR IMPROVEMENTS OR SERVICES.
329	337		The district may acquire, construct, finance, operate, or maintain
330	338		any improvement or service authorized under this chapter or Chapter
331	339		375, Local Government Code, using any money available to the
332	340		district.
333	341		Sec. 3982.0403. PETITION REQUIRED FOR FINANCING SERVICES
334	342		AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
335	343		service or improvement project with assessments under this chapter
336	344		unless a written petition requesting that service or improvement
337	345		has been filed with the board.
338	346		(b) A petition filed under Subsection (a) must be signed by
339	347		the owners of a majority of the assessed value of real property in
340	348		the district subject to assessment according to the most recent
341	349		certified tax appraisal roll for the county.
342	350		Sec. 3982.0404. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
343	351		The board by resolution may impose and collect an assessment for any
344	352		purpose authorized by this chapter in all or any part of the
345	353		district.
346	354		(b) An assessment, a reassessment, or an assessment
347	355		resulting from an addition to or correction of the assessment roll
348	356		by the district, penalties and interest on an assessment or
349	357		reassessment, an expense of collection, and reasonable attorney's
350	358		fees incurred by the district:
351	359		(1) are a first and prior lien against the property
352	360		assessed;
353	361		(2) are superior to any other lien or claim other than
354	362		a lien or claim for county, school district, or municipal ad valorem
355	363		taxes; and
356	364		(3) are the personal liability of and a charge against
357	365		the owners of the property even if the owners are not named in the
358	366		assessment proceedings.
359	367		(c) The lien is effective from the date of the board's
360	368		resolution imposing the assessment until the date the assessment is
361	369		paid. The board may enforce the lien in the same manner that the
362	370		board may enforce an ad valorem tax lien against real property.
363	371		(d) The board may make a correction to or deletion from the
364	372		assessment roll that does not increase the amount of assessment of
365	373		any parcel of land without providing notice and holding a hearing in
366	374		the manner required for additional assessments.
367	375		Sec. 3982.0405. RESIDENTIAL PROPERTY NOT EXEMPT. Section
368	376		375.161, Local Government Code, does not apply to a tax authorized
369	377		or approved by the voters of the district or a required payment for
370	378		a service provided by the district, including water and sewer
371	379		services.
372	380		Sec. 3982.0406. TAX AND ASSESSMENT ABATEMENTS. The
373	381		district may designate reinvestment zones and may grant abatements
374	382		of district taxes or assessments on property in the zones.
375	383		SUBCHAPTER E. TAXES AND BONDS
376	384		Sec. 3982.0501. ELECTIONS REGARDING TAXES AND BONDS. (a)
377	385		The district may issue, without an election, bonds, notes, and
378	386		other obligations secured by:
379	387		(1) revenue other than ad valorem taxes or sales and
380	388		use taxes; or
381	389		(2) contract payments described by Section 3982.0503.
382	390		(b) The district must hold an election in the manner
383	391		provided by Subchapter L, Chapter 375, Local Government Code, to
384	392		obtain voter approval before the district may impose an ad valorem
385	393		tax or issue bonds payable from ad valorem taxes.
386	394		(c) Section 375.243, Local Government Code, does not apply
387	395		to the district.
388	396		(d) All or any part of any facilities or improvements that
389	397		may be acquired by a district by the issuance of its bonds may be
390	398		submitted as a single proposition or as several propositions to be
391	399		voted on at the election.
392	400		Sec. 3982.0502. OPERATION AND MAINTENANCE TAX. (a) If
393	401		authorized by a majority of the district voters voting at an
394	402		election held in accordance with Section 3982.0501, the district
395	403		may impose an operation and maintenance tax on taxable property in
396	404		the district in accordance with Section 49.107, Water Code, for any
397	405		district purpose, including to:
398	406		(1) maintain and operate the district;
399	407		(2) construct or acquire improvements; or
400	408		(3) provide a service.
401	409		(b) The board shall determine the tax rate. The rate may not
402	410		exceed the rate approved at the election.
403	411		(c) Section 49.107(h), Water Code, does not apply to the
404	412		district.
405	413		Sec. 3982.0503. CONTRACT TAXES. (a) In accordance with
406	414		Section 49.108, Water Code, the district may impose a tax other than
407	415		an operation and maintenance tax and use the revenue derived from
408	416		the tax to make payments under a contract after the provisions of
409	417		the contract have been approved by a majority of the district voters
410	418		voting at an election held for that purpose.
411	419		(b) A contract approved by the district voters may contain a
412	420		provision stating that the contract may be modified or amended by
413	421		the board without further voter approval.
414	422		Sec. 3982.0504. AUTHORITY TO BORROW MONEY AND TO ISSUE
415	423		BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
416	424		terms determined by the board. Section 375.205, Local Government
417	425		Code, does not apply to a loan, line of credit, or other borrowing
418	426		from a bank or financial institution secured by revenue other than
419	427		ad valorem taxes.
420	428		(b) The district may issue bonds, notes, or other
421	429		obligations payable wholly or partly from ad valorem taxes,
422	430		assessments, impact fees, revenue, contract payments, grants, or
423	431		other district money, or any combination of those sources of money,
424	432		to pay for any authorized district purpose.
425	433		Sec. 3982.0505. TAXES FOR BONDS. At the time the district
426	434		issues bonds payable wholly or partly from ad valorem taxes, the
427	435		board shall provide for the annual imposition of a continuing
428	436		direct annual ad valorem tax, without limit as to rate or amount,
429	437		for each year that all or part of the bonds are outstanding as
430	438		required and in the manner provided by Sections 54.601 and 54.602,
431	439		Water Code.
432	440		Sec. 3982.0506. BONDS FOR ROAD PROJECTS. At the time of
433	441		issuance, the total principal amount of bonds or other obligations
434	442		issued or incurred to finance road projects and payable from ad
435	443		valorem taxes may not exceed one-fourth of the assessed value of the
436	444		real property in the district.
437	445		SUBCHAPTER F. SALES AND USE TAX
438	446		Sec. 3982.0601. APPLICABILITY OF CERTAIN TAX CODE
439	447		PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition,
440	448		computation, administration, enforcement, and collection of the
441	449		sales and use tax authorized by this subchapter except to the extent
442	450		Chapter 321, Tax Code, is inconsistent with this chapter.
443	451		(b) A reference in Chapter 321, Tax Code, to a municipality
444	452		or the governing body of a municipality is a reference to the
445	453		district or the board, respectively.
446	454		Sec. 3982.0602. ELECTION; ADOPTION OF TAX. (a) The
447	455		district may adopt a sales and use tax if authorized by a majority
448	456		of the voters of the district voting at an election held for that
449	457		purpose.
450	458		(b) The board by order may call an election to authorize the
451	459		adoption of the sales and use tax. The election may be held on any
452	460		uniform election date and in conjunction with any other district
453	461		election.
454	462		(c) The ballot shall be printed to provide for voting for or
455	463		against the proposition: "Authorization of a sales and use tax in
456	464		the Plum Creek Management District No. 1 of Liberty County at a rate
457	465		not to exceed ____ percent" (insert rate of one or more increments
458	466		of one-eighth of one percent).
459	467		Sec. 3982.0603. SALES AND USE TAX RATE. (a) On or after the
460	468		date the results are declared of an election held under Section
461	469		3982.0602, at which the voters approved imposition of the tax
462	470		authorized by this subchapter, the board shall determine and adopt
463	471		by resolution or order the initial rate of the tax, which must be in
464	472		one or more increments of one-eighth of one percent.
465	473		(b) After the election held under Section 3982.0602, the
466	474		board may increase or decrease the rate of the tax by one or more
467	475		increments of one-eighth of one percent.
468	476		(c) The initial rate of the tax or any rate resulting from
469	477		subsequent increases or decreases may not exceed the lesser of:
470	478		(1) the maximum rate authorized by the district voters
471	479		at the election held under Section 3982.0602; or
472	480		(2) a rate that, when added to the rates of all sales
473	481		and use taxes imposed by other political subdivisions with
474	482		territory in the district, would result in the maximum combined
475	483		rate prescribed by Section 321.101(f), Tax Code, at any location in
476	484		the district.
477	485		Sec. 3982.0604. TAX AFTER MUNICIPAL ANNEXATION. (a) This
478	486		section applies to the district after a municipality annexes part
479	487		of the territory in the district and imposes the municipality's
480	488		sales and use tax in the annexed territory.
481	489		(b) If at the time of annexation the district has
482	490		outstanding debt or other obligations payable wholly or partly from
483	491		district sales and use tax revenue, Section 321.102(g), Tax Code,
484	492		applies to the district.
485	493		(c) If at the time of annexation the district does not have
486	494		outstanding debt or other obligations payable wholly or partly from
487	495		district sales and use tax revenue, the district may exclude the
488	496		annexed territory from the district, if the district has no
489	497		outstanding debt or other obligations payable from any source.
490	498		Sec. 3982.0605. NOTIFICATION OF RATE CHANGE. The board
491	499		shall notify the comptroller of any changes made to the tax rate
492	500		under this subchapter in the same manner the municipal secretary
493	501		provides notice to the comptroller under Section 321.405(b), Tax
494	502		Code.
495	503		Sec. 3982.0606. USE OF REVENUE. Revenue from the sales and
496	504		use tax imposed under this subchapter is for the use and benefit of
497	505		the district and may be used for any district purpose. The district
498	506		may pledge all or part of the revenue to the payment of bonds,
499	507		notes, or other obligations, and that pledge of revenue may be in
500	508		combination with other revenue, including tax revenue, available to
501	509		the district.
502	510		Sec. 3982.0607. ABOLITION OF TAX. (a) Except as provided
503	511		by Subsection (b), the board may abolish the tax imposed under this
504	512		subchapter without an election.
505	513		(b) The board may not abolish the tax imposed under this
506	514		subchapter if the district has outstanding debt secured by the tax,
507	515		and repayment of the debt would be impaired by the abolition of the
508	516		tax.
509	517		(c) If the board abolishes the tax, the board shall notify
510	518		the comptroller of that action in the same manner the municipal
511	519		secretary provides notice to the comptroller under Section
512	520		321.405(b), Tax Code.
513	521		(d) If the board abolishes the tax or decreases the tax rate
514	522		to zero, a new election to authorize a sales and use tax must be held
515	523		under Section 3982.0602 before the district may subsequently impose
516	524		the tax.
517	525		SUBCHAPTER G. DEFINED AREAS
518	526		Sec. 3982.0701. AUTHORITY TO ESTABLISH DEFINED AREAS OR
519	527		DESIGNATED PROPERTY. The district may define areas or designate
520	528		certain property of the district to pay for improvements,
521	529		facilities, or services that primarily benefit that area or
522	530		property and do not generally and directly benefit the district as a
523	531		whole.
524	532		Sec. 3982.0702. PROCEDURE FOR ELECTION. (a) Before the
525	533		district may impose an ad valorem tax or issue bonds payable from ad
526	534		valorem taxes of the defined area or designated property, the board
527	535		shall hold an election in the defined area or in the designated
528	536		property only.
529	537		(b) The board may submit the issues to the voters on the same
530	538		ballot to be used in another election.
531	539		Sec. 3982.0703. DECLARING RESULT AND ISSUING ORDER. (a) If
532	540		a majority of the voters voting at the election approve the
533	541		proposition or propositions, the board shall declare the results
534	542		and, by order, shall establish the defined area and describe it by
535	543		metes and bounds or designate the specific property.
536	544		(b) A court may not review the board's order except on the
537	545		ground of fraud, palpable error, or arbitrary and confiscatory
538	546		abuse of discretion.
539	547		Sec. 3982.0704. TAXES FOR SERVICES, IMPROVEMENTS, AND
540	548		FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
541	549		approval and adoption of the order described by Section 3982.0703,
542	550		the district may apply separately, differently, equitably, and
543	551		specifically its taxing power and lien authority to the defined
544	552		area or designated property to provide money to construct,
545	553		administer, maintain, and operate services, improvements, and
546	554		facilities that primarily benefit the defined area or designated
547	555		property.
548	556		Sec. 3982.0705. ISSUANCE OF BONDS FOR DEFINED AREA OR
549	557		DESIGNATED PROPERTY. After the order under Section 3982.0703 is
550	558		adopted, the district may issue bonds to provide for any land,
551	559		improvements, facilities, plants, equipment, and appliances for
552	560		the defined area or designated property.
553	561		Sec. 3982.0706. ADDITION OR EXCLUSION OF LAND IN DEFINED
554	562		AREA. The district may add or exclude land from the defined areas
555	563		in the same manner the district may add or exclude land from the
556	564		district.
557	565		SECTION 2. The Plum Creek Management District No. 1 of
558	566		Liberty County initially includes all territory contained in the
559	567		following area:
560	568		Being 2,774.31 acres of land situated in the James T. Dunman
561	569		Survey, Abstract 167, the Willis McWilkinson Survey, Abstract 318,
562	570		the H.T. & B. R.R. Co. Survey, Section 15, Abstract, the H.T. & B.
563	571		R.R. Co. Survey, Section 14-1/2 also known as the W.R. Searcy
564	572		Survey, Abstract 792, the H.T. & B. R.R. Co. Survey, Section 13-1/2,
565	573		Abstract 635, the W. McWilkinson Survey, Abstract 317, the Charles
566	574		Smith Survey, Abstract 350, the B.B.B. & C. Survey, Abstract 152,
567	575		the James Darwin Survey, Abstract 176, the William H.B. Witham
568	576		Survey, Abstract 395 and the Edward King Survey, Abstract 56 of
569	577		Liberty County, Texas; being part of a called 7,750.32 acre tract
570	578		conveyed to HF Houston Green Land, L.P. by Special Warranty Deed
571	579		recorded under Clerk's File No. 2006-008098 of the Liberty County
572	580		Official Public Records of Real Property; said 2,774.31 acres being
573	581		part of a called 8,673.34 acre tract described in Certificate for
574	582		Order Adding Land and Redefining Boundaries, document of which is
575	583		recorded in Clerk's File No. 2009-115395 of the Montgomery County
576	584		Official Public Records of Real Property and in Clerk's File
577	585		No. 2009018027 of the Official Public Records of Liberty County,
578	586		Texas; said 2,774.31 acres being comprised of three separate
579	587		tracts, and more particularly described by the following metes and
580	588		bounds, with all bearings being based on the calls of said 8,673.34
581	589		acre tract;
582	590		Tract 1 - 1,578.64 Acres
583	591		COMMENCING at the most northerly northwest corner of a called
584	592		1,122.98 acre parcel conveyed to HF Houston Green Land, L.P. by
585	593		Special Warranty Deed recorded under Clerk's File No. 2006-119940
586	594		of the Montgomery County Official Public Records of Real Property,
587	595		same being the most northerly northwest corner of said 8,673.34
588	596		acre parcel;
589	597		THENCE, North 87 degrees 33 minutes 40 seconds East, 451.90
590	598		feet along a northerly line of said 1,122.98 acre tract to an angle
591	599		point in the northerly line of said 1,122.98 acre parcel;
592	600		THENCE, North 87 degrees 05 minutes 50 seconds East, 2613.76
593	601		feet along a northerly line of said 1,122.98 acre tract, to an angle
594	602		point in the northerly line of said 1,122.98 acre parcel;
595	603		THENCE, North 87 degrees 09 minutes 40 seconds East, 399.30
596	604		feet along the north line of said 1,122.98 acre parcel and
597	605		continuing along the north line of said 7,550.32 acre tract to a
598	606		point for the northwest corner of a called 4,394.368 acre tract
599	607		described in Special Warranty Deed recorded in Clerk's File
600	608		No. 2016013974 of the Official Public Records of Liberty County,
601	609		Texas;
602	610		THENCE, along the common line of the remainder of said
603	611		7,550.32 acre parcel and said adjoining 4,394.368 acre parcel, the
604	612		following nine (9) courses and distances:
605	613		1. South 05 degrees 07 minutes 37 seconds East, a distance
606	614		of 85.52 feet to an angle point;
607	615		2. South 06 degrees 55 minutes 52 seconds East, a distance
608	616		of 1,062.76 feet to an angle point;
609	617		3. South 16 degrees 56 minutes 21 seconds East, a distance
610	618		of 421.03 feet to an angle point;
611	619		4. South 25 degrees 57 minutes 46 seconds East, a distance
612	620		of 451.32 feet to a point, beginning a curve to the right;
613	621		5. With said curve to the right, having a central angle of 43
614	622		degrees 59 minutes 15 seconds, an arc length of 383.86 feet, a
615	623		radius of 500.00 feet, and a chord bearing South 03 degrees 58
616	624		minutes 09 seconds East, 374.51 feet to a point;
617	625		6. South 18 degrees 01 minute 29 seconds West, a distance of
618	626		800.07 feet;
619	627		7. South 20 degrees 09 minutes 01 second East, a distance of
620	628		1,051.41 feet to the POINT OF BEGINNING and northwest corner of the
621	629		herein described parcel, same being the westerly southwest corner
622	630		of said adjoining 4,394.368 acre parcel;
623	631		8. South 77 degrees 48 Minutes 38 seconds East, a distance
624	632		of 12,787.72 feet to a point for the northeast corner of the herein
625	633		described tract;
626	634		9. South 10 degrees 28 minutes 05 seconds East, a distance
627	635		of 6,647.77 feet to a point for the southeast corner of the herein
628	636		described parcel and the remainder of said 7,550.32 acre parcel,
629	637		same being the southwest corner of said adjoining 4,394.368 acre
630	638		parcel;
631	639		THENCE, South 87 degrees 49 minutes 10 seconds West along the
632	640		south line of the herein described parcel and said 7,550.32 acre
633	641		parcel, a distance of 2,580.31 feet to an angle point on said line;
634	642		THENCE, South 87 degrees 28 minutes 44 seconds West
635	643		continuing along the south line of the herein described parcel and
636	644		said 7,550.32 acre parcel, a distance of 2,049.32 feet to a point
637	645		for the lower southwest corner of the herein described parcel,
638	646		being a point on the extraterritorial jurisdiction line of the City
639	647		of Houston, said extraterritorial jurisdiction line being at this
640	648		location an arc with a radius of 26,400 feet measured from a point
641	649		on the west line of the John R. Rhea Survey, Abstract 62 of Harris
642	650		County, located a distance of 2,500 feet north of the southwest
643	651		corner of said John R. Rhea Survey, as described in City of Houston
644	652		Ordinance No. 65-1905-A passed December 31, 1965 (Area No. 9),
645	653		beginning a curve to the left;
646	654		THENCE, with said curve to the left in said extraterritorial
647	655		jurisdiction line, having a central angle of 05 degrees 16 minutes
648	656		12 seconds, an arc length of 2,428.19 feet, a radius of 26,400.00
649	657		feet, and a chord bearing North 69 degrees 04 minutes 40 seconds
650	658		West, 2,427.33 feet to a point for corner in a west line of said
651	659		7,550.32 acre parcel;
652	660		THENCE, North 02 degrees 50 minutes 12 seconds West along the
653	661		lower west line of the herein described parcel and said 7,550.32
654	662		acre parcel, a distance of 2,539.52 feet to an angle point on said
655	663		line;
656	664		THENCE, North 02 degrees 38 minutes 21 seconds West
657	665		continuing along the lower west line of the herein described parcel
658	666		and said 7,550.32 acre parcel, a distance of 1,209.38 feet to a
659	667		reentry point of the herein described parcel;
660	668		THENCE, South 87 degrees 44 minutes 33 seconds West along a
661	669		southerly line of the herein described parcel and said 7,550.32
662	670		acre parcel, a distance of 4,800.59 feet to a point for corner on
663	671		the common line of Liberty County and Harris County, as described on
664	672		a map titled "A Resurvey of the Liberty-Montgomery, Liberty Harris
665	673		and Montgomery-Harris County Lines" filed for record in Volume 7,
666	674		Page 341 of the Montgomery County Deed Records;
667	675		THENCE, North 20 degrees 09 minutes 01 seconds West along
668	676		said common County Line, a distance of 5,329.52 feet to the POINT OF
669	677		BEGINNING, CONTAINING 1,578.64 acres of land, more or less.
670	678		Tract 2 - 138.36 Acres
671	679		COMMENCING at the most northerly northwest corner of said
672	680		1,122.98 acre parcel, same being the most northerly northwest
673	681		corner of said 8,673.34 acre parcel;
674	682		THENCE, South 71 degrees 45 minutes 13 seconds East, a
675	683		distance of 33,168.33 feet to a point for the southeast corner and
676	684		POINT OF BEGINNING of the herein described parcel, said point also
677	685		being the easternmost southeast corner of a said 7,550.32 acre
678	686		parcel;
679	687		THENCE, South 87 degrees 51 minutes 07 seconds West along the
680	688		lower south line of the herein described parcel, same being the
681	689		easternmost upper south line of said 7,550.32 acre parcel, a
682	690		distance of 2,339.90 feet to a point for the lower southwest corner
683	691		of the herein described tract and the easternmost southwest corner
684	692		of said 7,550.32 acre parcel;
685	693		THENCE, North 01 degree 59 minutes 09 seconds West along the
686	694		west line of the herein described parcel, same being the
687	695		easternmost west line of said 7,550.32, a distance of 1,325.35 feet
688	696		to a point for reentry corner of the herein described tract;
689	697		THENCE, North 77 degrees 54 minutes 20 seconds West along the
690	698		upper south line of the herein described tract, same being a
691	699		southerly line of said 7,550.32 acre parcel, a distance of 219.24
692	700		feet to an angle point on said line;
693	701		THENCE, North 83 degrees 12 minutes 30 seconds West
694	702		continuing along the upper south line of the herein described tract
695	703		and said southerly line of said 7,550.32 acre parcel, a distance of
696	704		422.76 feet to a point in the northerly high bank of Luce Bayou, for
697	705		the upper southwest corner of the herein described parcel, said
698	706		point also being in the southeast line of the aforementioned
699	707		adjoining 4,394.368 acre parcel;
700	708		THENCE, along the northerly bank of Luce Bayou, being the
701	709		northwest line of the herein described parcel, same being the
702	710		southeast line of said adjoining 4,394.368 acre parcel to points at
703	711		the following twenty three (23) courses and distances:
704	712		1. North 29 degrees 13 minutes 18 seconds East, a distance
705	713		of 288.16 feet;
706	714		2. North 22 degrees 54 minutes 55 seconds West, a distance
707	715		of 25.58 feet;
708	716		3. North 44 degrees 22 minutes 41 seconds West, a distance
709	717		of 219.92 feet;
710	718		4. North 40 degrees 51 minutes 59 seconds East, a distance
711	719		of 265.77 feet;
712	720		5. North 60 degrees 15 minutes 23 seconds East, a distance
713	721		of 589.74 feet;
714	722		6. North 76 degrees 20 minutes 59 seconds East, a distance
715	723		of 207.09 feet;
716	724		7. South 62 degrees 58 minutes 05 seconds East, a distance
717	725		of 263.50 feet;
718	726		8. South 85 degrees 04 minutes 58 seconds East, a distance
719	727		of 129.39 feet;
720	728		9. North 39 degrees 15 minutes 32 seconds East, a distance
721	729		of 269.90 feet;
722	730		10. South 44 degrees 12 minutes 23 seconds East, a distance
723	731		of 367.63 feet;
724	732		11. North 77 degrees 18 minutes 00 seconds East, a distance
725	733		of 128.41 feet;
726	734		12. South 15 degrees 35 minutes 40 seconds West, a distance
727	735		of 42.57 feet;
728	736		13. North 57 degrees 07 minutes 53 seconds East, a distance
729	737		of 157.37 feet;
730	738		14. South 62 degrees 07 minutes 28 seconds East, a distance
731	739		of 105.88 feet;
732	740		15. South 86 degrees 07 minutes 23 seconds East, a distance
733	741		of 56.96 feet;
734	742		16. North 08 degrees 28 minutes 03 seconds East, a distance
735	743		of 165.00 feet;
736	744		17. North 15 degrees 57 minutes 33 seconds East, a distance
737	745		of 180.33 feet;
738	746		18. North 81 degrees 29 minutes 31 seconds East, a distance
739	747		of 92.83 feet;
740	748		19. South 66 degrees 31 minutes 19 seconds East, a distance
741	749		of 305.88 feet;
742	750		20. North 71 degrees 59 minutes 48 seconds East, a distance
743	751		of 90.95 feet;
744	752		21. North 15 degrees 03 minutes 20 seconds East, a distance
745	753		of 283.46 feet;
746	754		22. North 38 degrees 50 minutes 41 seconds East, a distance
747	755		of 262.89 feet;
748	756		23. South 78 degrees 51 minutes 42 seconds East, a distance
749	757		of 94.27 feet to a point for the northeast corner of the herein
750	758		described parcel, being the easternmost northeast corner of the
751	759		remainder of said 7,550.32 acre parcel, and also being the
752	760		southeast corner of the aforementioned adjoining 4,394.368 acre
753	761		parcel;
754	762		THENCE, South 02 degrees 04 minutes 15 seconds East along the
755	763		east line of the herein parcel, same being the east line of said
756	764		7,550.32 acre parcel, a distance of 2,860.01 feet to the POINT OF
757	765		BEGINNING, CONTAINING 138.36 acres of land, more or less.
758	766		Tract 3 - 1,057.31 Acres
759	767		COMMENCING at the most northerly northwest corner of said
760	768		1,122.98 acre parcel, same being the most northerly northwest
761	769		corner of said 8,673.34 acre parcel;
762	770		THENCE, South 52 degrees 20 minutes 22 seconds East, a
763	771		distance of 32,311.35 feet to a point for the lower southeast corner
764	772		and POINT OF BEGINNING of the herein described parcel, said point
765	773		also being the southernmost southeast corner of said 7,550.32 acre
766	774		parcel;
767	775		THENCE, South 87 degrees 56 minutes 51 seconds West along the
768	776		south line of the herein described parcel, being the lower south
769	777		line of said 7,550.32 acre parcel, a distance of 3,371.57 feet to a
770	778		point for the lower southwest corner of the herein described
771	779		parcel, being a point on the extraterritorial jurisdiction line of
772	780		the City of Houston, said extraterritorial jurisdiction line being
773	781		at this location an arc with a radius of 26,400 feet measured from a
774	782		point on the west line of the John R. Rhea Survey, Abstract 62 of
775	783		Harris County, said point located a distance of 2,500 feet north of
776	784		the southwest corner of said John R. Rhea Survey, as described in
777	785		City of Houston Ordinance No. 65-1905-A passed December 31, 1965
778	786		(Area No. 9), beginning a curve to the left;
779	787		THENCE, with said curve to the left in said extraterritorial
780	788		jurisdiction line, having a central angle of 06 degrees 17 minutes
781	789		49 seconds, an arc length of 2,901.41 feet, a radius of 26,400.00
782	790		feet, and a chord bearing North 45 degrees 08 minutes 20 seconds
783	791		West, 2,289.95 feet to a point for corner in a west line of said
784	792		7,550.32 acre parcel;
785	793		THENCE, North 01 degree 25 minutes 03 seconds West continuing
786	794		along the west line of the herein described parcel and the lower
787	795		west line of said 7,550.32 acre parcel, a distance of 4,042.73 feet
788	796		to a point in the northerly high bank of Luce Bayou for the
789	797		northwest corner of the herein described parcel, said point being
790	798		the lower northwest corner of the remainder of said 7,550.32 acre
791	799		parcel, and also being the south corner of the aforementioned
792	800		adjoining 4,394.368 acre parcel;
793	801		THENCE, along the northerly bank of Luce Bayou, being the
794	802		northwest line of the herein described parcel and the lower
795	803		northwest line of the remainder of said 7,550.32 acre parcel, same
796	804		being the southeast line of said adjoining 4,394.368 acre parcel to
797	805		points at the following sixty (60) courses and distances:
798	806		1. North 61 degrees 21 minutes 26 seconds East, a distance
799	807		of 55.62 feet;
800	808		2. North 50 degrees 37 minutes 28 seconds East, a distance
801	809		of 91.94 feet;
802	810		3. North 35 degrees 59 minutes 28 seconds East, a distance
803	811		of 90.11 feet;
804	812		4. North 81 degrees 37 minutes 54 seconds East, a distance
805	813		of 99.10 feet;
806	814		5. North 57 degrees 51 minutes 37 seconds East, a distance
807	815		of 158.16 feet;
808	816		6. South 56 degrees 59 minutes 24 seconds East, a distance
809	817		of 107.50 feet;
810	818		7. South 36 degrees 14 minutes 37 seconds East, a distance
811	819		of 159.52 feet;
812	820		8. North 54 degrees 34 minutes 28 seconds East, a distance
813	821		of 191.37 feet;
814	822		9. South 77 degrees 54 minutes 48 seconds East, a distance
815	823		of 173.87 feet;
816	824		10. North 54 degrees 26 minutes 02 seconds East, a distance
817	825		of 146.38 feet;
818	826		11. North 62 degrees 41 minutes 22 seconds East, a distance
819	827		of 232.93 feet;
820	828		12. South 19 degrees 51 minutes 51 seconds East, a distance
821	829		of 112.24 feet;
822	830		13. North 82 degrees 24 minutes 12 seconds East, a distance
823	831		of 94.78 feet;
824	832		14. North 51 degrees 03 minutes 36 seconds East, a distance
825	833		of 200.86 feet;
826	834		15. North 66 degrees 08 minutes 09 seconds East, a distance
827	835		of 169.04 feet;
828	836		16. South 62 degrees 28 minutes 14 seconds East, a distance
829	837		of 153.91 feet;
830	838		17. North 38 degrees 34 minutes 21 seconds East, a distance
831	839		of 106.95 feet;
832	840		18. North 02 degrees 48 minutes 55 seconds East, a distance
833	841		of 326.69 feet;
834	842		19. South 45 degrees 23 minutes 50 seconds East, a distance
835	843		of 219.28 feet;
836	844		20. North 24 degrees 43 minutes 53 seconds East, a distance
837	845		of 142.40 feet;
838	846		21. North 62 degrees 19 minutes 52 seconds East, a distance
839	847		of 252.61 feet;
840	848		22. North 34 degrees 38 minutes 47 seconds East, a distance
841	849		of 226.60 feet;
842	850		23. North 42 degrees 20 minutes 23 seconds East, a distance
843	851		of 357.69 feet;
844	852		24. North 81 degrees 41 minutes 35 seconds East, a distance
845	853		of 167.94 feet;
846	854		25. North 32 degrees 37 minutes 57 seconds East, a distance
847	855		of 401.87 feet;
848	856		26. North 62 degrees 21 minutes 03 seconds East, a distance
849	857		of 139.87 feet;
850	858		27. South 52 degrees 41 minutes 51 seconds East, a distance
851	859		of 149.90 feet;
852	860		28. North 07 degrees 49 minutes 17 seconds East, a distance
853	861		of 138.14 feet;
854	862		29. North 11 degrees 25 minutes 11 seconds West, a distance
855	863		of 282.21 feet;
856	864		30. North 80 degrees 25 minutes 55 seconds East, a distance
857	865		of 195.83 feet;
858	866		31. North 57 degrees 50 minutes 39 seconds East, a distance
859	867		of 119.95 feet;
860	868		32. North 18 degrees 31 minutes 30 seconds East, a distance
861	869		of 202.53 feet;
862	870		33. North 41 degrees 32 minutes 27 seconds East, a distance
863	871		of 107.50 feet;
864	872		34. South 80 degrees 31 minutes 33 seconds East, a distance
865	873		of 185.98 feet;
866	874		35. South 03 degrees 41 minutes 25 seconds West, a distance
867	875		of 146.64 feet;
868	876		36. South 31 degrees 39 minutes 32 seconds East, a distance
869	877		of 47.04 feet;
870	878		37. North 80 degrees 27 minutes 52 seconds East, a distance
871	879		of 49.59 feet;
872	880		38. North 52 degrees 41 minutes 31 seconds East, a distance
873	881		of 204.57 feet;
874	882		39. North 43 degrees 52 minutes 42 seconds East, a distance
875	883		of 154.18 feet;
876	884		40. North 78 degrees 29 minutes 58 seconds East, a distance
877	885		of 229.58 feet;
878	886		41. South 38 degrees 31 minutes 15 seconds East, a distance
879	887		of 139.79 feet;
880	888		42. South 78 degrees 40 minutes 34 seconds East, a distance
881	889		of 165.26 feet;
882	890		43. North 18 degrees 05 minutes 01 second West, a distance
883	891		of 120.75 feet;
884	892		44. North 45 degrees 34 minutes 26 seconds East, a distance
885	893		of 292.64 feet;
886	894		45. North 24 degrees 08 minutes 01 second East, a distance
887	895		of 235.02 feet;
888	896		46. North 61 degrees 06 minutes 54 seconds East, a distance
889	897		of 124.69 feet;
890	898		47. North 27 degrees 51 minutes 51 seconds East, a distance
891	899		of 181.98 feet;
892	900		48. North 47 degrees 04 minutes 47 seconds East, a distance
893	901		of 801.66 feet;
894	902		49. South 01 degree 26 minutes 20 seconds East, a distance
895	903		of 179.11 feet;
896	904		50. South 07 degrees 16 minutes 18 seconds East, a distance
897	905		of 40.74 feet;
898	906		51. North 44 degrees 46 minutes 28 seconds East, a distance
899	907		of 505.22 feet;
900	908		52. North 59 degrees 29 minutes 52 seconds East, a distance
901	909		of 639.36 feet;
902	910		53. North 70 degrees 16 minutes 34 seconds East, a distance
903	911		of 631.52 feet;
904	912		54. South 26 degrees 38 minutes 58 seconds West, a distance
905	913		of 119.89 feet;
906	914		55. South 46 degrees 41 minutes 57 seconds East, a distance
907	915		of 275.51 feet;
908	916		56. North 29 degrees 00 minutes 30 seconds East, a distance
909	917		of 443.82 feet;
910	918		57. North 54 degrees 58 minutes 07 seconds East, a distance
911	919		of 189.36 feet;
912	920		58. South 63 degrees 53 minutes 28 seconds East, a distance
913	921		of 100.65 feet;
914	922		59. South 23 degrees 10 minutes 28 seconds East, a distance
915	923		of 213.82 feet;
916	924		60. North 65 degrees 05 minutes 26 seconds East, a distance
917	925		of 76.57 feet to a point for the northeast corner of the herein
918	926		described parcel, being the southernmost northeast corner of said
919	927		7,550.32 acre parcel, and being in an eastern line of the
920	928		aforementioned adjoining 4,394.368 acre parcel;
921	929		THENCE, South 02 degrees 42 minutes 29 seconds East along the
922	930		upper east line of the herein described parcel, being an east line
923	931		of said 7,550.32 acre parcel, a distance of 3,277.76 feet to a point
924	932		for the upper southeast corner of the herein described parcel,
925	933		being a southeast corner of said 7,220.32 acre parcel;
926	934		THENCE, South 87 degrees 37 minutes 48 seconds West along the
927	935		upper south line of the herein described parcel, being a south line
928	936		of said 7,550.32 acre parcel, a distance of 2,884.02 feet to a point
929	937		for reentry corner of the herein described parcel and said 7,550.32
930	938		acre parcel;
931	939		THENCE, South 02 degrees 20 minutes 58 seconds East along the
932	940		lower east line of the herein described parcel, being the
933	941		southernmost east line of said 7,550.32 acre parcel, a distance of
934	942		5,376.03 feet to an angle point on said line;
935	943		THENCE, South 00 degrees 27 minutes 55 seconds West
936	944		continuing along the lower east line of the herein described parcel
937	945		and the southernmost east line of said 7,550.32 acre parcel, a
938	946		distance of 1,540.65 feet to the POINT OF BEGINNING, CONTAINING
939	947		1,057.31 acres of land, for a total of 2,774.31 acres in Liberty
940	948		County, Texas as shown on drawing No. 12934 in the offices of Jones &
941	949		Carter, Inc., Bellaire, Texas.
942	950		SECTION 3. (a) The legal notice of the intention to
943	951		introduce this Act, setting forth the general substance of this
944	952		Act, has been published as provided by law, and the notice and a
945	953		copy of this Act have been furnished to all persons, agencies,
946	954		officials, or entities to which they are required to be furnished
947	955		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
948	956		Government Code.
949	957		(b) The governor, one of the required recipients, has
950	958		submitted the notice and Act to the Texas Commission on
951	959		Environmental Quality.
952	960		(c) The Texas Commission on Environmental Quality has filed
953	961		its recommendations relating to this Act with the governor,
954	962		lieutenant governor, and speaker of the house of representatives
955	963		within the required time.
956	964		(d) The general law relating to consent by political
957	965		subdivisions to the creation of districts with conservation,
958	966		reclamation, and road powers and the inclusion of land in those
959	967		districts has been complied with.
960	968		(e) All requirements of the constitution and laws of this
961	969		state and the rules and procedures of the legislature with respect
962	970		to the notice, introduction, and passage of this Act have been
963	971		fulfilled and accomplished.
964	972		SECTION 4. This Act takes effect immediately if it receives
965	973		a vote of two-thirds of all the members elected to each house, as
966	974		provided by Section 39, Article III, Texas Constitution. If this
967	975		Act does not receive the vote necessary for immediate effect, this
968	976		Act takes effect September 1, 2019.
969		-	______________________________ ______________________________
970		-	President of the Senate Speaker of the House
971		-	I certify that H.B. No. 4661 was passed by the House on May 3,
972		-	2019, by the following vote: Yeas 129, Nays 11, 2 present, not
973		-	voting; and that the House concurred in Senate amendments to H.B.
974		-	No. 4661 on May 24, 2019, by the following vote: Yeas 95, Nays 46,
975		-	2 present, not voting.
976		-	______________________________
977		-	Chief Clerk of the House
978		-	I certify that H.B. No. 4661 was passed by the Senate, with
979		-	amendments, on May 22, 2019, by the following vote: Yeas 28, Nays
980		-	3.
981		-	______________________________
982		-	Secretary of the Senate
983		-	APPROVED: __________________
984		-	Date
985		-	__________________
986		-	Governor
	977	+	* * * * *