Texas 2019 - 86th Regular

Texas House Bill HB4701 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R20069 SMT-F
2	2	By: Nevárez H.B. No. 4701
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the West Pecos Management District;
8	8	providing authority to issue bonds; providing authority to impose
9	9	assessments, fees, and taxes.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 4, Special District Local Laws
12	12	Code, is amended by adding Chapter 3962 to read as follows:
13	13	CHAPTER 3962. WEST PECOS MANAGEMENT DISTRICT
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 3962.0101. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "City" means the City of Pecos.
18	18	(3) "County" means Reeves County.
19	19	(4) "Director" means a board member.
20	20	(5) "District" means the West Pecos Management
21	21	District.
22	22	(6) "School district" means Pecos Barstow Toyah
23	23	Independent School District.
24	24	Sec. 3962.0102. NATURE OF DISTRICT. The West Pecos
25	25	Management District is a special district created under Section 59,
26	26	Article XVI, Texas Constitution.
27	27	Sec. 3962.0103. PURPOSE; DECLARATION OF INTENT. (a) The
28	28	creation of the district is essential to accomplish the purposes of
29	29	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
30	30	Texas Constitution, and other public purposes stated in this
31	31	chapter.
32	32	(b) By creating the district and in authorizing the county,
33	33	the city, the school district, and other political subdivisions to
34	34	contract with the district, the legislature has established a
35	35	program to accomplish the public purposes set out in Section 52-a,
36	36	Article III, Texas Constitution.
37	37	(c) The creation of the district is necessary to promote,
38	38	develop, encourage, and maintain employment, commerce,
39	39	transportation, housing, tourism, recreation, the arts,
40	40	entertainment, economic development, safety, and the public
41	41	welfare in the district.
42	42	(d) This chapter and the creation of the district may not be
43	43	interpreted to relieve the county or the city from providing the
44	44	level of services provided as of the effective date of the Act
45	45	enacting this chapter to the area in the district. The district is
46	46	created to supplement and not to supplant county or city services
47	47	provided in the district.
48	48	Sec. 3962.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
49	49	(a) All land and other property included in the district will
50	50	benefit from the improvements and services to be provided by the
51	51	district under powers conferred by Sections 52 and 52-a, Article
52	52	III, and Section 59, Article XVI, Texas Constitution, and other
53	53	powers granted under this chapter.
54	54	(b) The district is created to serve a public use and
55	55	benefit.
56	56	(c) The creation of the district is in the public interest
57	57	and is essential to further the public purposes of:
58	58	(1) developing and diversifying the economy of the
59	59	state;
60	60	(2) eliminating unemployment and underemployment; and
61	61	(3) developing or expanding transportation and
62	62	commerce.
63	63	(d) The district will:
64	64	(1) promote the health, safety, and general welfare of
65	65	residents, employers, potential employees, employees, visitors,
66	66	and consumers in the district, and of the public;
67	67	(2) provide needed funding for the district to
68	68	preserve, maintain, and enhance the economic health and vitality of
69	69	the district territory as a community and business center;
70	70	(3) promote the health, safety, welfare, and enjoyment
71	71	of the public by providing pedestrian ways and by landscaping and
72	72	developing certain areas in the district, which are necessary for
73	73	the restoration, preservation, and enhancement of scenic beauty;
74	74	and
75	75	(4) provide for water, wastewater, drainage, and road
76	76	facilities for the district.
77	77	(e) Pedestrian ways along or across a street, whether at
78	78	grade or above or below the surface, and street lighting, street
79	79	landscaping, parking, and street art objects are parts of and
80	80	necessary components of a street and are considered to be a street
81	81	or road improvement.
82	82	(f) The district will not act as the agent or
83	83	instrumentality of any private interest even though the district
84	84	will benefit many private interests as well as the public.
85	85	Sec. 3962.0105. INITIAL DISTRICT TERRITORY. (a) The
86	86	district is initially composed of the territory described by
87	87	Section 2 of the Act enacting this chapter.
88	88	(b) The boundaries and field notes contained in Section 2 of
89	89	the Act enacting this chapter form a closure. A mistake in the
90	90	field notes or in copying the field notes in the legislative process
91	91	does not affect the district's:
92	92	(1) organization, existence, or validity;
93	93	(2) right to issue any type of bonds for the purposes
94	94	for which the district is created or to pay the principal of and
95	95	interest on the bonds;
96	96	(3) right to impose or collect an assessment or tax; or
97	97	(4) legality or operation.
98	98	Sec. 3962.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
99	99	All or any part of the area of the district is eligible to be
100	100	included in:
101	101	(1) a tax increment reinvestment zone created under
102	102	Chapter 311, Tax Code; or
103	103	(2) a tax abatement reinvestment zone created under
104	104	Chapter 312, Tax Code.
105	105	Sec. 3962.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
106	106	DISTRICTS LAW. Except as otherwise provided by this chapter,
107	107	Chapter 375, Local Government Code, applies to the district.
108	108	Sec. 3962.0108. CONSTRUCTION OF CHAPTER. This chapter
109	109	shall be liberally construed in conformity with the findings and
110	110	purposes stated in this chapter.
111	111	SUBCHAPTER B. BOARD OF DIRECTORS
112	112	Sec. 3962.0201. GOVERNING BODY; TERMS. The district is
113	113	governed by a board of seven voting directors who serve staggered
114	114	terms of four years with three or four directors' terms expiring
115	115	June 1 of each odd-numbered year.
116	116	Sec. 3962.0202. QUALIFICATIONS AND APPOINTMENT OF VOTING
117	117	DIRECTORS. (a) Section 375.063, Local Government Code, does not
118	118	apply to the district.
119	119	(b) To be qualified to serve as a director, a person must be
120	120	at least 18 years of age.
121	121	(c) The governing body of the city shall appoint five
122	122	directors from persons recommended by the board in the manner
123	123	provided by Section 375.064, Local Government Code, each of whom
124	124	must be:
125	125	(1) an owner of property in the district;
126	126	(2) an owner of a beneficial interest in a trust, or a
127	127	trustee in a trust, that directly or indirectly owns property in the
128	128	district; or
129	129	(3) an agent, employee, or tenant of a person
130	130	described by Subdivision (1) or (2).
131	131	(d) The governing body of the city and the governing body of
132	132	the county shall each appoint an additional director. A director
133	133	appointed under this subsection is not required to have a
134	134	qualification listed in Subsection (c).
135	135	Sec. 3962.0203. NONVOTING DIRECTORS. The board may appoint
136	136	representatives of taxing entities in the district to serve as
137	137	nonvoting directors.
138	138	Sec. 3962.0204. INITIAL DIRECTORS. (a) The governing body
139	139	of the city shall appoint five initial directors to Positions 1-5
140	140	who have the qualifications prescribed by Sections 3962.0202(b) and
141	141	(c).
142	142	(b) The governing body of the city shall appoint an initial
143	143	director to Position 6 and the governing body of the county shall
144	144	appoint an initial director to Position 7. Each director must have
145	145	the qualification prescribed by Section 3962.0202(b). An initial
146	146	director appointed under this subsection is not required to have a
147	147	qualification listed in Section 3962.0202(c).
148	148	(c) The terms of the initial directors in Positions 1
149	149	through 4 expire June 1, 2021, and the terms of the initial
150	150	directors in Positions 5 through 7 expire June 1, 2023.
151	151	(d) This section expires September 1, 2023.
152	152	SUBCHAPTER C. POWERS AND DUTIES
153	153	Sec. 3962.0301. GENERAL POWERS AND DUTIES. The district
154	154	has the powers and duties necessary to accomplish the purposes for
155	155	which the district is created.
156	156	Sec. 3962.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
157	157	district, using any money available to the district for the
158	158	purpose, may provide, design, construct, acquire, improve,
159	159	relocate, operate, maintain, or finance an improvement project or
160	160	service authorized under this chapter or Chapter 375, Local
161	161	Government Code.
162	162	(b) The district may contract with a governmental or private
163	163	entity to carry out an action under Subsection (a).
164	164	(c) The implementation of a district project or service is a
165	165	governmental function or service for the purposes of Chapter 791,
166	166	Government Code.
167	167	(d) The city, the county, the school district, the Reeves
168	168	County Hospital District, and any other local government or
169	169	political subdivision may contract with the district to provide for
170	170	financing, construction, maintenance, and operation of public
171	171	infrastructure or to carry out a district purpose.
172	172	(e) The district may not undertake a project on land owned
173	173	by the city unless the city consents to the project.
174	174	Sec. 3962.0303. NONPROFIT CORPORATION. (a) The board by
175	175	resolution may authorize the creation of a nonprofit corporation to
176	176	assist and act for the district in implementing a project or
177	177	providing a service authorized by this chapter.
178	178	(b) The nonprofit corporation:
179	179	(1) has each power of and is considered to be a local
180	180	government corporation created under Subchapter D, Chapter 431,
181	181	Transportation Code; and
182	182	(2) may implement any project and provide any service
183	183	authorized by this chapter.
184	184	(c) The board shall appoint the board of directors of the
185	185	nonprofit corporation. The board of directors of the nonprofit
186	186	corporation shall serve in the same manner as the board of directors
187	187	of a local government corporation created under Subchapter D,
188	188	Chapter 431, Transportation Code, except that a board member is not
189	189	required to reside in the district.
190	190	Sec. 3962.0304. AUTHORITY TO CONTRACT FOR PUBLIC SAFETY
191	191	SERVICES. To protect the public interest, the district may
192	192	contract with a qualified party, including the city, the county, or
193	193	any other governmental entity to provide law enforcement, public
194	194	safety, fire protection, ambulance, emergency, or code enforcement
195	195	services in the district for a fee.
196	196	Sec. 3962.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
197	197	The district may join and pay dues to a charitable or nonprofit
198	198	organization that performs a service or provides an activity
199	199	consistent with the furtherance of a district purpose.
200	200	Sec. 3962.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
201	201	district may engage in activities that accomplish the economic
202	202	development purposes of the district.
203	203	(b) The district may establish and provide for the
204	204	administration of one or more programs to promote state or local
205	205	economic development and to stimulate business and commercial
206	206	activity in the district, including programs to:
207	207	(1) make loans and grants of public money; and
208	208	(2) provide district personnel and services.
209	209	(c) The district may create economic development programs
210	210	and exercise the economic development powers provided to
211	211	municipalities by:
212	212	(1) Chapter 380, Local Government Code; and
213	213	(2) Subchapter A, Chapter 1509, Government Code.
214	214	Sec. 3962.0307. PARKING FACILITIES. (a) The district may
215	215	acquire, lease as lessor or lessee, construct, develop, own,
216	216	operate, and maintain parking facilities or a system of parking
217	217	facilities, including lots, garages, parking terminals, or other
218	218	structures or accommodations for parking motor vehicles off the
219	219	streets and related appurtenances.
220	220	(b) The district's parking facilities serve the public
221	221	purposes of the district and are owned, used, and held for a public
222	222	purpose even if leased or operated by a private entity for a term of
223	223	years.
224	224	(c) The district's parking facilities are parts of and
225	225	necessary components of a street and are considered to be a street
226	226	or road improvement.
227	227	(d) The development and operation of the district's parking
228	228	facilities may be considered an economic development program.
229	229	Sec. 3962.0308. ADDING OR EXCLUDING LAND. The district may
230	230	add or exclude land in the manner provided by Subchapter J, Chapter
231	231	49, Water Code, or by Subchapter H, Chapter 54, Water Code.
232	232	Sec. 3962.0309. DISBURSEMENTS AND TRANSFERS OF MONEY. The
233	233	board by resolution shall establish the number of directors'
234	234	signatures and the procedure required for a disbursement or
235	235	transfer of district money.
236	236	Sec. 3962.0310. RESIDENTIAL PROPERTY NOT EXEMPT. Section
237	237	375.161, Local Government Code, does not apply to the district.
238	238	Sec. 3962.0311. NO EMINENT DOMAIN POWER. The district may
239	239	not exercise the power of eminent domain.
240	240	SUBCHAPTER D. ASSESSMENTS
241	241	Sec. 3962.0401. PETITION REQUIRED FOR FINANCING SERVICES
242	242	AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
243	243	service or improvement project with assessments under this chapter
244	244	unless a written petition requesting that service or improvement
245	245	has been filed with the board.
246	246	(b) A petition filed under Subsection (a) must be signed by
247	247	the owners of a majority of the assessed value of real property in
248	248	the district subject to assessment according to the most recent
249	249	certified tax appraisal roll for the county.
250	250	Sec. 3962.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
251	251	The board by resolution may impose and collect an assessment for any
252	252	purpose authorized by this chapter in all or any part of the
253	253	district.
254	254	(b) An assessment, a reassessment, or an assessment
255	255	resulting from an addition to or correction of the assessment roll
256	256	by the district, penalties and interest on an assessment or
257	257	reassessment, an expense of collection, and reasonable attorney's
258	258	fees incurred by the district:
259	259	(1) are a first and prior lien against the property
260	260	assessed;
261	261	(2) are superior to any other lien or claim other than
262	262	a lien or claim for county, school district, or municipal ad valorem
263	263	taxes; and
264	264	(3) are the personal liability of and a charge against
265	265	the owners of the property even if the owners are not named in the
266	266	assessment proceedings.
267	267	(c) The lien is effective from the date of the board's
268	268	resolution imposing the assessment until the date the assessment is
269	269	paid. The board may enforce the lien in the same manner that the
270	270	board may enforce an ad valorem tax lien against real property.
271	271	(d) The board may make a correction to or deletion from the
272	272	assessment roll that does not increase the amount of assessment of
273	273	any parcel of land without providing notice and holding a hearing in
274	274	the manner required for additional assessments.
275	275	SUBCHAPTER E. TAXES AND BONDS
276	276	Sec. 3962.0501. TAX ELECTION REQUIRED. The district must
277	277	hold an election in the manner provided by Chapter 49, Water Code,
278	278	or, if applicable, Chapter 375, Local Government Code, to obtain
279	279	voter approval before the district may impose an ad valorem tax.
280	280	Sec. 3962.0502. OPERATION AND MAINTENANCE TAX. (a) If
281	281	authorized by a majority of the district voters voting at an
282	282	election under Section 3962.0501, the district may impose an
283	283	operation and maintenance tax on taxable property in the district
284	284	in the manner provided by Section 49.107, Water Code, for any
285	285	district purpose, including to:
286	286	(1) maintain and operate the district;
287	287	(2) construct or acquire improvements; or
288	288	(3) provide a service.
289	289	(b) The board shall determine the operation and maintenance
290	290	tax rate. The rate may not exceed the rate approved at the
291	291	election.
292	292	Sec. 3962.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
293	293	BONDS. (a) The district may borrow money on terms determined by
294	294	the board.
295	295	(b) The district may issue bonds, notes, or other
296	296	obligations payable wholly or partly from ad valorem taxes,
297	297	assessments, impact fees, revenue, contract payments, grants, or
298	298	other district money, or any combination of those sources of money,
299	299	to pay for any authorized district purpose.
300	300	Sec. 3962.0504. BONDS SECURED BY REVENUE OR CONTRACT
301	301	PAYMENTS. The district may issue, without an election, bonds
302	302	secured by:
303	303	(1) revenue other than ad valorem taxes, including
304	304	contract revenues; or
305	305	(2) contract payments, provided that the requirements
306	306	of Section 49.108, Water Code, have been met.
307	307	Sec. 3962.0505. BONDS SECURED BY AD VALOREM TAXES;
308	308	ELECTIONS. (a) If authorized at an election under Section
309	309	3962.0501, the district may issue bonds payable from ad valorem
310	310	taxes.
311	311	(b) Section 375.243, Local Government Code, does not apply
312	312	to the district.
313	313	(c) At the time the district issues bonds payable wholly or
314	314	partly from ad valorem taxes, the board shall provide for the annual
315	315	imposition of a continuing direct annual ad valorem tax, without
316	316	limit as to rate or amount, for each year that all or part of the
317	317	bonds are outstanding as required and in the manner provided by
318	318	Sections 54.601 and 54.602, Water Code.
319	319	(d) All or any part of any facilities or improvements that
320	320	may be acquired by a district by the issuance of its bonds may be
321	321	submitted as a single proposition or as several propositions to be
322	322	voted on at the election.
323	323	Sec. 3962.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
324	324	board may not issue bonds until the city has consented by ordinance
325	325	or resolution to the creation of the district and to the inclusion
326	326	of land in the district.
327	327	(b) This section applies only to the district's first
328	328	issuance of bonds payable from ad valorem taxes.
329	329	SUBCHAPTER F. DEFINED AREAS
330	330	Sec. 3962.0601. AUTHORITY TO ESTABLISH DEFINED AREAS OR
331	331	DESIGNATED PROPERTY. The district may define areas or designate
332	332	certain property of the district to pay for improvements,
333	333	facilities, or services that primarily benefit that area or
334	334	property and do not generally and directly benefit the district as a
335	335	whole.
336	336	Sec. 3962.0602. PROCEDURE FOR ELECTION. (a) Before the
337	337	district may impose an ad valorem tax applicable only to the defined
338	338	area or designated property or issue bonds payable from ad valorem
339	339	taxes of the defined area or designated property, the board shall
340	340	hold an election in the defined area or designated property only.
341	341	(b) The board may submit the proposition to the voters on
342	342	the same ballot to be used in another election.
343	343	Sec. 3962.0603. DECLARING RESULT AND ISSUING ORDER. (a) If
344	344	a majority of the voters voting at an election held under Section
345	345	3962.0602 approve the proposition or propositions, the board shall
346	346	declare the results and, by order, shall establish the defined area
347	347	or designated property and describe it by metes and bounds or
348	348	designate the specific area or property.
349	349	(b) A court may not review the board's order except on the
350	350	ground of fraud, palpable error, or arbitrary and confiscatory
351	351	abuse of discretion.
352	352	Sec. 3962.0604. TAXES FOR SERVICES, IMPROVEMENTS, AND
353	353	FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
354	354	approval and adoption of an order described by Section 3962.0603,
355	355	the district may apply separately, differently, equitably, and
356	356	specifically its taxing power and lien authority to the defined
357	357	area or designated property to provide money to construct,
358	358	administer, maintain, and operate services, improvements, and
359	359	facilities that primarily benefit the defined area or designated
360	360	property.
361	361	Sec. 3962.0605. ISSUANCE OF BONDS FOR DEFINED AREA OR
362	362	DESIGNATED PROPERTY. After an order under Section 3962.0603 is
363	363	adopted, the district may issue bonds to provide for any land,
364	364	improvements, facilities, plants, equipment, and appliances for
365	365	the defined area or designated property.
366	366	SUBCHAPTER I. DISSOLUTION
367	367	Sec. 3962.0901. DISSOLUTION. (a) The board shall dissolve
368	368	the district on written petition filed with the board by the owners
369	369	of:
370	370	(1) 66 percent or more of the assessed value of the
371	371	property subject to assessment by the district based on the most
372	372	recent certified county property tax rolls; or
373	373	(2) 66 percent or more of the surface area of the
374	374	district, excluding roads, streets, highways, utility
375	375	rights-of-way, other public areas, and other property exempt from
376	376	assessment by the district according to the most recent certified
377	377	county property tax rolls.
378	378	(b) The board by majority vote may dissolve the district at
379	379	any time.
380	380	(c) The district may not be dissolved by its board under
381	381	Subsection (a) or (b) if the district:
382	382	(1) has any outstanding bonded indebtedness until that
383	383	bonded indebtedness has been repaid or defeased in accordance with
384	384	the order or resolution authorizing the issuance of the bonds;
385	385	(2) has a contractual obligation to pay money until
386	386	that obligation has been fully paid in accordance with the
387	387	contract; or
388	388	(3) owns, operates, or maintains public works,
389	389	facilities, or improvements unless the district contracts with
390	390	another person for the ownership, operation, or maintenance of the
391	391	public works, facilities, or improvements.
392	392	(d) Sections 375.261, 375.262, and 375.264, Local
393	393	Government Code, do not apply to the district.
394	394	SECTION 2. The West Pecos Management District initially
395	395	includes all territory contained in the following area:
396	396	Tract 1 - 620.00 Acres
397	397	FIELD NOTE DESCRIPTION OF 640.000 ACRES, MORE OR LESS, SAVE
398	398	AND EXCEPT 20.000 ACRES, IN THE H. & G. N. RR. CO. SURVEY, BLOCK 5,
399	399	SECTION 19, ABSTRACT 430, REEVES COUNTY, TEXAS IN A DEED TO EVANS I
400	400	LTD RECORDED IN VOLUME 538, PAGE 682, DRRCT (DEED RECORDS OF REEVES
401	401	COUNTY, TEXAS) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
402	402	BOUNDS AS FOLLOWS:
403	403	BEGINNING at a railroad spike found at the northwest corner
404	404	of said Section 19, in the south right-of-way line of Farm to Market
405	405	Road 204, also being the northeast corner of H. & G. N. RR. Co.
406	406	Survey, Block 5, Section 20, Abstract 3540, for the northwest
407	407	corner of this description;
408	408	THENCE leaving said Section 20, along the north line of said
409	409	Section 19, for the south line of said Farm to Market Road
410	410	right-of-way, S 77°11'26" E a distance of 5286.37 feet to a 2"
411	411	aluminum cap found at the northeast corner of said Section 19 and
412	412	the northwest corner of that tract called 162.70 acres in a deed to
413	413	Evans I Ltd, recorded in Volume 534, Page 130, DRRCT, also being the
414	414	northwest corner for H. & G. N. RR. Co. Survey, Block 5, Section 22,
415	415	Abstract 4987, for the northeast corner of this description;
416	416	THENCE along the east line of said Section 19, for the west
417	417	line of said Section 22, S 12°53'43" W a distance of 2776.45 feet
418	418	passing a 1/2" iron rod found at the southwest corner of said 162.70
419	419	acre tract, for a total of 5283.92 feet to a 2" iron pipe found at
420	420	the southeast corner of said Section 19, for the southwest corner of
421	421	said Section 22, also being the northeast corner of H. & G. N. RR.
422	422	Co. Survey, Block 5, Section 38, Abstract 1389, for the southeast
423	423	corner of this description;
424	424	THENCE along the south line of said Section 19, for the north
425	425	line of said Section 38, N 76°59'27" W a distance of 5282.11 feet to
426	426	a 1/2" iron rod set at the southwest corner of said Section 19, for
427	427	the northwest corner of said Section 38, Abstract 1124, also being
428	428	the southeast corner of said Section 20, for the southwest corner of
429	429	this description;
430	430	THENCE along the west line of said Section 19, for the east
431	431	line of said Section 20, N 12°50'56" E a distance of 5265.50 feet to
432	432	the POINT OF BEGINNING. There are 640.000 acres, more or less,
433	433	described in these field notes.
434	434	SAVE AND EXCEPT 20 ACRES:
435	435	BEGINNING at a 1 1/2" iron rod set in the south right-of-way
436	436	line of Farm to Market Road 204, in the north line of Section 19 from
437	437	which a 2" aluminum cap found at the northeast corner of said
438	438	Section 19 and the northwest corner of that tract called 162.70
439	439	acres in a deed to Evans I Ltd, recorded in Volume 534, Page 130,
440	440	DRRCT bears: S 77°11'26" E a distance of 40.00, for the northeast
441	441	corner of this description;
442	442	THENCE leaving Farm to Market Road right-of-way, with and 40
443	443	feet from the east line of Section 19, severing said 640 acre tract,
444	444	S 12°53'43" W a distance of 933.38 feet to a 1/2" iron rod set, for
445	445	the southeast corner of this description;
446	446	THENCE continuing across said Section 19, N 77°11'26" W a
447	447	distance of 933.38 feet to a 1/2" iron rod set, for the southwest
448	448	corner of this description;
449	449	THENCE N 12°53'43" E a distance of 933.38 feet to a 1/2" iron
450	450	rod set in the north line of said Section 19 and the south line of
451	451	said Farm to Market Road right-of-way, from which a railroad spike
452	452	found at the northwest corner of said Section 19 and the northeast
453	453	corner of H.& G. N. RR. Co. Survey, Block 5, Section 20, Abstract
454	454	3540, bears N 77°11'26" W a distance of 4312.99 feet;
455	455	THENCE along the north line of said Section 19, for the south
456	456	line of said right-of- way, S 77°11'26" E a distance of 933.38 feet
457	457	to the POINT OF BEGINNING. There are 20.000 acres, more or less,
458	458	described in these field notes.
459	459	Tract 2 - 513.56 Acres
460	460	BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING
461	461	513.67 ACRES OF LAND CONVEYED IN A WARRANTY DEED TO HIGHWAY 20
462	462	PROPERTIES, LLC, A TEXAS LIMITED LIABILITY COMPANY AND AS DESCRIBED
463	463	AND RECORDED IN VOLUME 785, PAGE 618 IN THE OFFICIAL PUBLIC RECORDS
464	464	OF REEVES COUNTY, TEXAS (OPRRCT) SAID TRACT LOCATED IN SECTION 76,
465	465	BLOCK 04, W.M. HIGGINS SURVEY, ABSTRACT NO. 3661 & SECTION 18, BLOCK
466	466	05, G.S. JOHNSON SURVEY, ABSTRACT NO. 1332 & SECTION 17, BLOCK 05,
467	467	H. & G.N. RR. CO. SURVEY, ABSTRACT NO. 429 ALL IN REEVES COUNTY,
468	468	TEXAS SAID 513.67 ACRE TRACT DESCRIBED MORE FULLY BY METES AND
469	469	BOUNDS AS FOLLOWS:
470	470	BEGINNING AT A 1/2" IRON ROD, CAPPED AND MARKED "TRANSGLOBAL
471	471	SERVICES", SET ON THE COMMON LINE OF SAID SECTION 18 AND SECTION 17
472	472	FOR A CORNER OF SAID 528.29 ACRE TRACT, FROM WHICH A 1/2" IRON ROD,
473	473	CAPPED AND MARKED "RPLS 2158" FOUND AT THE SOUTHEAST CORNER OF SAID
474	474	SECTION 18 AND THE SOUTHWEST CORNER OF SAID SECTION 17 BEARS S
475	475	32°39'40" E A DISTANCE OF 1319.48 FEET;
476	476	THENCE: N 77°11'40" W A DISTANCE OF 4662.73 FEET TO A 1/2" IRON
477	477	ROD, CAPPED AND MARKED "TRANSGLOBAL SERVICES" SET FOR A CORNER OF
478	478	SAID 528.29 ACRE TRACT;
479	479	THENCE: N 13°37'23" E A DISTANCE OF 741.23 FEET TO A 1/2" IRON
480	480	ROD, CAPPED AND MARKED "TRANSGLOBAL SERVICES" SET FOR A CORNER OF
481	481	SAID 528.29 ACRE TRACT;
482	482	THENCE: N 77°16'57" W A DISTANCE OF 679.21 FEET TO A 1/2" IRON
483	483	ROD, CAPPED AND MARKED "TRANSGLOBAL SERVICES" SET FOR A CORNER OF
484	484	SAID 528.29 ACRE TRACT;
485	485	THENCE: N 32°00'17" W A DISTANCE OF 1767.74 FEET TO A 1/2" IRON
486	486	ROD, CAPPED AND MARKED "TRANSGLOBAL SERVICES" SET FOR A CORNER OF
487	487	SAID 528.29 ACRE TRACT;
488	488	THENCE: N 69°42'16" E A DISTANCE OF 510.63 FEET TO A 1/2" IRON
489	489	ROD, CAPPED AND MARKED "TRUJILLO RPLS 5358" FOUND FOR A CORNER OF
490	490	SAID 528.29 ACRE TRACT;
491	491	THENCE: S 32°00'17" E A DISTANCE OF 1645.55 FEET TO A 1/2" IRON
492	492	ROD, CAPPED AND MARKED "TRUJILLO RPLS 5358" FOUND FOR A CORNER OF
493	493	SAID 528.29 ACRE TRACT;
494	494	THENCE: N 57°59'42" E A DISTANCE OF 3303.39 FEET TO A 1/2" IRON
495	495	ROD, CAPPED AND MARKED "TRUJILLO RPLS 5358" FOUND FOR A CORNER OF
496	496	SAID 528.29 ACRE TRACT;
497	497	THENCE: S 72°40'13" E A DISTANCE OF 2282.07 FEET TO A 1/2" IRON
498	498	ROD, CAPPED AND MARKED "TRANSGLOBAL SERVICES" SET FOR A CORNER OF
499	499	SAID 528.29 ACRE TRACT;
500	500	THENCE: S 12°52'49" W A DISTANCE OF 1537.42 FEET TO A 1/2" IRON
501	501	ROD, CAPPED AND MARKED "TRUJILLO RPLS 5358" FOUND FOR A CORNER OF
502	502	SAID 528.29 ACRE TRACT;
503	503	THENCE: S 77°07'10" E A DISTANCE OF 1320.00 FEET TO A RAILROAD
504	504	SPIKE FOUND FOR A CORNER OF SAID 528.29 ACRE TRACT;
505	505	THENCE: N 12°31'50" E A DISTANCE OF 879.27 FEET TO A 1/2" IRON
506	506	ROD, CAPPED AND MARKED "TRUJILLO RPLS 5358" FOUND FOR A CORNER OF
507	507	SAID 528.29 ACRE TRACT;
508	508	THENCE: S 77°20'53" E A DISTANCE OF 4733.55 FEET TO A 1/2" IRON
509	509	ROD, CAPPED AND MARKED "TRUJILLO RPLS 5358" FOUND FOR A CORNER OF
510	510	SAID 528.29 ACRE TRACT;
511	511	THENCE: S 12°35'02" W A DISTANCE OF 968.08 FEET TO A 1/2" IRON
512	512	PIN FOUND FOR A CORNER OF SAID 528.29 ACRE TRACT;
513	513	THENCE: N 78°06'01" W A DISTANCE OF 1169.78 FEET TO A 1/2" IRON
514	514	PIN FOUND FOR A CORNER OF SAID 528.29 ACRE TRACT;
515	515	THENCE: S 12°37'49" W A DISTANCE OF 775.60 FEET TO A 1/2" IRON
516	516	PIN FOUND FOR A CORNER OF SAID 528.29 ACRE TRACT;
517	517	THENCE: N 77°20'53" W A DISTANCE OF 3571.02 FEET TO A 1/2" IRON
518	518	ROD, CAPPED AND MARKED "TRUJILLO RPLS 5358" FOUND FOR A CORNER OF
519	519	SAID 528.29 ACRE TRACT;
520	520	THENCE: N 12°50'17" E A DISTANCE OF 101.51 FEET TO A POINT;
521	521	THENCE: N 76°48'14" W A DISTANCE OF 944.25 FEET TO A POINT;
522	522	THENCE: S 12°38'52" W A DISTANCE OF 942.79 FEET TO THE PLACE OF
523	523	BEGINNING OF THE HEREIN DESCRIBED TRACT, IN ALL CONTAINING 513.67
524	524	ACRES MORE OR LESS.
525	525	SECTION 3. (a) The legal notice of the intention to
526	526	introduce this Act, setting forth the general substance of this
527	527	Act, has been published as provided by law, and the notice and a
528	528	copy of this Act have been furnished to all persons, agencies,
529	529	officials, or entities to which they are required to be furnished
530	530	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
531	531	Government Code.
532	532	(b) The governor, one of the required recipients, has
533	533	submitted the notice and Act to the Texas Commission on
534	534	Environmental Quality.
535	535	(c) The Texas Commission on Environmental Quality has filed
536	536	its recommendations relating to this Act with the governor,
537	537	lieutenant governor, and speaker of the house of representatives
538	538	within the required time.
539	539	(d) All requirements of the constitution and laws of this
540	540	state and the rules and procedures of the legislature with respect
541	541	to the notice, introduction, and passage of this Act have been
542	542	fulfilled and accomplished.
543	543	SECTION 4. This Act takes effect immediately if it receives
544	544	a vote of two-thirds of all the members elected to each house, as
545	545	provided by Section 39, Article III, Texas Constitution. If this
546	546	Act does not receive the vote necessary for immediate effect, this
547	547	Act takes effect September 1, 2019.