86R22953 JXC-F
By: Stephenson H.B. No. 4680
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Gateway Park Municipal Management
District; 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 3985 to read as follows:
CHAPTER 3985. GATEWAY PARK MUNICIPAL MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3985.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of El Campo.
(3) "Development agreement" means a development
agreement between the city and the primary landowner that
establishes the standards that apply to development in the
district, in addition to those contained in zoning, subdivision,
and other applicable ordinances of the city.
(4) "Director" means a board member.
(5) "District" means the Gateway Park Municipal
Management District.
(6) "Rail facilities" includes all real and personal
property owned or held by the district for railroad purposes,
including land, interests in land, structures, easements, rail
lines, stations, platforms, rolling stock, garages, equipment, and
other facilities necessary or convenient for the operation of those
facilities.
Sec. 3985.0102. NATURE OF DISTRICT. The Gateway Park
Municipal Management District is a special district created under
Section 59, Article XVI, Texas Constitution.
Sec. 3985.0103. 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 and in authorizing the city and
other political subdivisions to contract with the district, the
legislature has established a program to accomplish the public
purposes set out in Section 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 city 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 city services provided in the
district.
Sec. 3985.0104. 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 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, drainage, road,
rail, and recreational 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. 3985.0105. 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. 3985.0106. 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; or
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code.
Sec. 3985.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3985.0108. CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
Sec. 3985.0109. MUNICIPAL CONSENT OR AGREEMENT. (a) The
district shall comply with all applicable requirements of a
municipal ordinance or resolution that consents to the creation of
the district or to the inclusion of land in the district.
(b) An agreement between the district and a municipality
related to municipal consent to the creation of the district,
including a development agreement, is valid and enforceable.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3985.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five directors who serve staggered four-year
terms.
(b) Three directors must be elected in the manner provided
by Subchapter D, Chapter 49, Water Code.
(c) Two directors must be appointed by the governing body of
the city.
Sec. 3985.0202. QUALIFICATIONS. (a) To be qualified to
serve as a director, a person must be at least 18 years old.
(b) Of the elected directors:
(1) two directors must be qualified under Section
375.063, Local Government Code; and
(2) one director must be a resident of the city.
(c) The directors appointed by the governing body of the
city must be residents of the city.
Sec. 3985.0203. VACANCY. If a vacancy occurs on the board,
the remaining directors shall appoint a director for the remainder
of the unexpired term.
Sec. 3985.0204. COMPENSATION; EXPENSES. (a) The district
may compensate each elected director in an amount not to exceed $150
for each board meeting. The total amount of compensation for each
director in one year may not exceed $7,200.
(b) An appointed director is not entitled to compensation
for service on the board.
(c) An elected or appointed director is entitled to
reimbursement for necessary and reasonable expenses incurred in
carrying out the duties and responsibilities of the board.
Sec. 3985.0205. INITIAL 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, together with the city, may submit a petition to the Texas
Commission on Environmental Quality requesting that the commission
appoint as initial directors five persons named in the petition.
The commission shall appoint as initial directors the persons named
in the petition.
(b) Initial directors serve until the earlier of:
(1) for each director serving in a position for which
the directors are elected, the date the permanent directors are
elected under Section 3985.0201 or June 1, 2023; and
(2) for each director serving in a position for which
the directors are appointed under Section 3985.0201, June 1, 2023.
(c) If the permanent elected directors have not been elected
under Section 3985.0201 and the terms of those temporary directors
have expired, the Texas Commission on Environmental Quality shall
appoint or reappoint successor directors to serve terms that expire
on the earlier of:
(1) the date the permanent elected directors are
elected under Section 3985.0201; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3985.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3985.0302. 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 372 or 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. 3985.0303. 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. 3985.0304. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the city, to provide law enforcement services in the
district for a fee.
Sec. 3985.0305. 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. 3985.0306. 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 provided to
municipalities by:
(1) Chapter 380, Local Government Code; and
(2) Subchapter A, Chapter 1509, Government Code.
Sec. 3985.0307. 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. 3985.0308. ADDING OR EXCLUDING LAND. The district may
add or exclude land in the manner provided by Subchapter J, Chapter
49, Water Code, or by Subchapter H, Chapter 54, Water Code.
Sec. 3985.0309. 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. 3985.0310. RAIL FACILITIES. The district may
construct, acquire, improve, maintain, finance, and operate rail
facilities and improvements for freight, commuter, or other rail
purposes.
Sec. 3985.0311. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. ASSESSMENTS
Sec. 3985.0401. 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. 3985.0402. 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. 3985.0501. 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. 3985.0502. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election under Section 3985.0501, 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.
Sec. 3985.0503. 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 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.
Sec. 3985.0504. 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. 3985.0505. BONDS SECURED BY AD VALOREM TAXES;
ELECTIONS. (a) If authorized at an election under Section
3985.0501, 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. 3985.0506. BONDS AND OTHER OBLIGATIONS FOR IMPROVEMENT
UNDER AGREEMENT. If the improvements financed by an obligation
will be constructed or financed pursuant to the imposition of
assessments:
(1) the district must enter into an agreement with the
city before the issuance of the obligation; and
(2) the obligation may be in the form of bonds, notes,
or other obligations, payable wholly or partly from assessments,
issued by public or private sale, in the manner provided by
Subchapter A, Chapter 372, Local Government Code.
Sec. 3985.0507. CONSENT OF MUNICIPALITY AND AGREEMENT
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) Subsection (a) applies only to the district's first
issuance of bonds payable from ad valorem taxes.
(c) The board may not impose taxes or assessments, borrow
money, or issue obligations until the district and the city have
entered into an agreement for the development of the property in the
district and financing of improvement projects in the district.
SUBCHAPTER I. DISSOLUTION
Sec. 3985.0901. 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 debt until that debt has been
repaid or defeased in accordance with the order or resolution
authorizing the issuance of the debt;
(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 and 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 Gateway Park Municipal Management District
initially includes all territory contained in the following area:
Field Note Description of a 410.73 acre tract of land
situated in the I. & G.N. R.R. Co. Survey No. 37, Abstract No. 222,
the I. & G.N. R.R. Co. Survey No. 36, Abstract No. 223 and the H. &
T.C. R.R. Co. (J. Telfener) Survey No. 2, Abstract No. 453 in
Wharton County, Texas, being a part or portion of a called 540.95
acre tract of land conveyed to Joe A. Zalman, Jr., et al, in Volume
225, Page 156 in Official Records of Wharton County, Texas.
BEGINNING at a 5/8" Iron Rod called and found at the
intersection of the centerline of County Road 421 (measures 64'
wide), with the Southeast right-of-way of the Texas Mexican
Railway, for the North corner of said 540.95 acre tract, and for the
North corner of this herein described tract;
THENCE: S 34°23'52" E - along and with the centerline of
County Road 421, same being the Northeast line of said 540.95 acre
tract, a distance of 4,479.67 feet to a 5/8" Iron Rod (bent) called
and found for an angle point of said 540.95 acre tract, in the East
line of Survey No. 37, same being the North corner of a called 4.00
acre tract of land conveyed to Joseph J. Kocurek in Volume 173, Page
566 in Official Records of Wharton County, Texas, and for an angle
point of this herein described tract;
THENCE: S 02°32'31" E - along and with the upper East line of
said 540.95 acre tract, the East line of Survey No. 37, same being
the West line of said 4.00 acre tract, at 146.79 feet, pass a 4" Iron
Pipe called and found for reference, continuing on course a total
distance of 177.14 feet to a 5/8" Iron Rod called and found in the
centerline of County Road 405 (measures 64' wide), for the
Southeast corner of Survey No. 37, the Northeast corner of Survey
No. 36, the Northeast corner of a called 80.020 acre tract of land
conveyed to Joseph John Kocurek in Volume 396, Page 602 in Deed
Records of Wharton County, Texas, same being the upper Southeast
corner of said 540.95 acre tract, and for the upper Southeast corner
of this herein described tract;
THENCE: S 87°25'51" W - along and with the centerline of
County Road 405, the North line of said 80.020 acre tract, same
being the upper South line of said 540.95 acre tract, a distance of
1,098.24 feet to a 5/8" Iron Rod called and found for an interior
corner of said 540.95 acre tract, same being the Northwest corner of
said 80.020 acre tract, and for an interior corner of this herein
described tract, from which, a 5/8" Iron Rod bears: N 51°06'58" W -
1.42 feet;
THENCE: S 02°33'37" E - along and with the lower East line of
said 540.95 acre tract, same being the West line of said 80.020 acre
tract, at 3,140.72 feet, pass a 4" Iron Pipe called and found for
reference, continuing on course a total distance of 3,172.25 feet
to a 5/8" Iron Rod called and found in the centerline of County Road
400 (measures 64' wide), in the South line of Survey No. 36, same
being in the North line of a called 82.125 acre tract of land
conveyed to Rebekkah Jean Jones, et al, in Volume 1007, Page 19 in
Official Records of Wharton County, Texas, for the lower Southeast
corner of said 540.95 acre tract, and for the lower Southeast corner
of this herein described tract from which, a 5/8" Iron Rod bears: N
44°18'47" W - 3.80 feet;
THENCE: S 87°26'24" W - along and with the centerline of
County Road 400, the North line of said 82.125 acre tract, same
being the lower South line of said 540.95 acre tract, a distance of
1,689.69 feet to a point at the centerline intersection of County
Road 400 and County Road 407 (measures 64' wide), for an angle point
of said 540.95 acre tract, and for an angle point of this herein
described tract, from which, a 5/8" Iron Rod bears: N 02°19'43" E -
3.85 feet;
THENCE: S 87°26'36" W - along and with the centerline of
County Road 400, same being the lower South line of said 540.95 acre
tract, a distance of 507.08 feet to a point for the lower Southwest
corner of said 540.95 acre tract, same being the Southeast corner of
a called 78.821 acre tract of land conveyed to the Watz Family Trust
in Volume 730, Page 17 in Official Records of Wharton County, Texas,
and for the lower Southwest corner of this herein described tract;
THENCE: N 02°35'11" W - along and with the West line of said
540.95 acre tract, same being the East line of said 78.821 acre
tract, at 10.17 feet, pass a 3/4" Iron Shaft called and found for
reference, at 32.00 feet, pass a 5/8" Iron Rod set in the North line
of County Road 400, continuing on course a total distance of
3,174.10 feet to a 2" Iron Pipe (bent) called and found in the
centerline of County Road 405, for an interior corner of said 540.95
acre tract, same being the Northeast corner of said 78.821 acre
tract, and for an interior corner of this herein described tract;
THENCE: S 87°25'24" W - along and with the centerline of
County Road 405, the upper South line of said 540.95 acre tract,
same being the North line of said 78.821 acre tract, a distance of
444.85 feet to a point for the Southeast corner of a 113.44 acre
tract of land surveyed by this firm January 14, 2019, and for the
upper Southwest corner of this herein described tract;
THENCE: N 02°32'31" W - along and with the East line of said
113.44 acre tract, at 32.00 feet, pass a 5/8" Iron Rod set in the
North margin of County Road 405, continuing a total distance of
555.41 feet to a 5/8" Iron Rod set for an angle point of said 113.44
acre tract, and for an angle point of this herein described tract;
THENCE: N 36°43'40" W - along and with the East line of said
113.44 acre tract, a distance of 1,932.86 feet to a 5/8" Iron Rod
set for the North corner of said 113.44 acre tract, same being in
the Southeast line of a 16.75 acre tract of land surveyed by this
firm January 14, 2019, and for the West corner of this herein
described tract;
THENCE: N 53°16'28" E - along and with the Southeast line of
said 16.75 acre tract, a distance of 1,543.43 feet to a point at the
PC of a non-tangent curve to the left, for an angle point of said
16.75 acre tract, and for an angle point of this herein described
tract;
THENCE: Northeasterly - along and with the Southeast line of
said 16.75 acre tract and with said non-tangent curve to the left,
having a radius of 800.49 feet, an arc length of 72.72 feet, a chord
bearing of N 50°40'19" E and a chord distance of 72.69 feet to a
point for an angle point of said 16.75 acre tract, and for an angle
point of this herein described tract;
THENCE: N 48°04'10" E - along and with the Southeast line of
said 16.75 acre tract, a distance of 184.07 feet to a point for an
angle point of said 16.75 acre tract, and for an angle point of this
herein described tract;
THENCE: N 53°16'28" E - along and with the Southeast line of
said 16.75 acre tract, a distance of 179.76 feet to a point at the PC
of a non-tangent curve to the left, for an angle point of said 16.75
acre tract, and for an angle point of this herein described tract;
THENCE: Northeasterly - along and with the Southeast line of
said 16.75 acre tract and with said non-tangent curve to the left,
having a radius of 800.49 feet, an arc length of 225.66 feet, a
chord bearing of N 45°11'55" E and a chord distance of 224.91 feet to
a point for an angle point of said 16.75 acre tract, and for an angle
point of this herein described tract;
THENCE: N 37°07'22" E - along and with the Southeast line of
said 16.75 acre tract, a distance of 157.22 feet to a point at the PC
of a non-tangent curve to the right, for an angle point of said
16.75 acre tract, and for an angle point of this herein described
tract;
THENCE: Northeasterly - along and with the Southeast line of
said 16.75 acre tract and with said non-tangent curve to the right,
having a radius of 728.49 feet, an arc length of 156.81 feet, a
chord bearing of N 43°17'22" E and a chord distance of 156.51 feet to
a point for an angle point of said 16.75 acre tract, and for an angle
point of this herein described tract;
THENCE: N 49°27'22" E - along and with the Southeast line of
said 16.75 acre tract, a distance of 80.15 feet to a point in the
Northwest line of said 540.95 acre tract, same being in the
Southeast right-of-way of the Texas Mexican Railway, for the East
corner of said 16.75 acre tract, and for an angle point of this
herein described tract;
THENCE: N 53°16'20" E - along and with the Northwest line of
said 540.95 acre tract, same being in the Southeast right-of-way of
the Texas Mexican Railway, at 445.29 feet, pass a 5/8" Iron Rod
(slightly bent) called and found in the Southwest margin of County
Road 421, continuing on course a total distance of 477.29 feet to
the POINT OF BEGINNING, containing within these metes and bounds
410.73 Acres, more or less.
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.