86R20069 SMT-F
By: Nevárez H.B. No. 4701
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the West Pecos 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 3962 to read as follows:
CHAPTER 3962. WEST PECOS MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3962.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Pecos.
(3) "County" means Reeves County.
(4) "Director" means a board member.
(5) "District" means the West Pecos Management
District.
(6) "School district" means Pecos Barstow Toyah
Independent School District.
Sec. 3962.0102. NATURE OF DISTRICT. The West Pecos
Management District is a special district created under Section 59,
Article XVI, Texas Constitution.
Sec. 3962.0103. 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 county,
the city, the school district, 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 county or 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 county or city services
provided in the district.
Sec. 3962.0104. 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, and road
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. 3962.0105. 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. 3962.0106. 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. 3962.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3962.0108. CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3962.0201. GOVERNING BODY; TERMS. The district is
governed by a board of seven voting directors who serve staggered
terms of four years with three or four directors' terms expiring
June 1 of each odd-numbered year.
Sec. 3962.0202. QUALIFICATIONS AND APPOINTMENT OF VOTING
DIRECTORS. (a) Section 375.063, Local Government Code, does not
apply to the district.
(b) To be qualified to serve as a director, a person must be
at least 18 years of age.
(c) The governing body of the city shall appoint five
directors from persons recommended by the board in the manner
provided by Section 375.064, Local Government Code, each of whom
must be:
(1) an owner of property in the district;
(2) an owner of a beneficial interest in a trust, or a
trustee in a trust, that directly or indirectly owns property in the
district; or
(3) an agent, employee, or tenant of a person
described by Subdivision (1) or (2).
(d) The governing body of the city and the governing body of
the county shall each appoint an additional director. A director
appointed under this subsection is not required to have a
qualification listed in Subsection (c).
Sec. 3962.0203. NONVOTING DIRECTORS. The board may appoint
representatives of taxing entities in the district to serve as
nonvoting directors.
Sec. 3962.0204. INITIAL DIRECTORS. (a) The governing body
of the city shall appoint five initial directors to Positions 1-5
who have the qualifications prescribed by Sections 3962.0202(b) and
(c).
(b) The governing body of the city shall appoint an initial
director to Position 6 and the governing body of the county shall
appoint an initial director to Position 7. Each director must have
the qualification prescribed by Section 3962.0202(b). An initial
director appointed under this subsection is not required to have a
qualification listed in Section 3962.0202(c).
(c) The terms of the initial directors in Positions 1
through 4 expire June 1, 2021, and the terms of the initial
directors in Positions 5 through 7 expire June 1, 2023.
(d) This section expires September 1, 2023.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3962.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3962.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
district, using any money available to the district for the
purpose, may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service authorized under this chapter or Chapter 375, Local
Government Code.
(b) The district may contract with a governmental or private
entity to carry out an action under Subsection (a).
(c) The implementation of a district project or service is a
governmental function or service for the purposes of Chapter 791,
Government Code.
(d) The city, the county, the school district, the Reeves
County Hospital District, and any other local government or
political subdivision may contract with the district to provide for
financing, construction, maintenance, and operation of public
infrastructure or to carry out a district purpose.
(e) The district may not undertake a project on land owned
by the city unless the city consents to the project.
Sec. 3962.0303. 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. 3962.0304. AUTHORITY TO CONTRACT FOR PUBLIC SAFETY
SERVICES. To protect the public interest, the district may
contract with a qualified party, including the city, the county, or
any other governmental entity to provide law enforcement, public
safety, fire protection, ambulance, emergency, or code enforcement
services in the district for a fee.
Sec. 3962.0305. 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. 3962.0306. 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. 3962.0307. 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. 3962.0308. 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. 3962.0309. 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. 3962.0310. RESIDENTIAL PROPERTY NOT EXEMPT. Section
375.161, Local Government Code, does not apply to the district.
Sec. 3962.0311. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. ASSESSMENTS
Sec. 3962.0401. 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. 3962.0402. 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. 3962.0501. 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. 3962.0502. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election under Section 3962.0501, 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. 3962.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
BONDS. (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. 3962.0504. 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. 3962.0505. BONDS SECURED BY AD VALOREM TAXES;
ELECTIONS. (a) If authorized at an election under Section
3962.0501, 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. 3962.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
board may not issue bonds until the city has consented by ordinance
or resolution to the creation of the district and to the inclusion
of land in the district.
(b) This section applies only to the district's first
issuance of bonds payable from ad valorem taxes.
SUBCHAPTER F. DEFINED AREAS
Sec. 3962.0601. AUTHORITY TO ESTABLISH DEFINED AREAS OR
DESIGNATED PROPERTY. The district may define areas or designate
certain property of the district to pay for improvements,
facilities, or services that primarily benefit that area or
property and do not generally and directly benefit the district as a
whole.
Sec. 3962.0602. PROCEDURE FOR ELECTION. (a) Before the
district may impose an ad valorem tax applicable only to the defined
area or designated property or issue bonds payable from ad valorem
taxes of the defined area or designated property, the board shall
hold an election in the defined area or designated property only.
(b) The board may submit the proposition to the voters on
the same ballot to be used in another election.
Sec. 3962.0603. DECLARING RESULT AND ISSUING ORDER. (a) If
a majority of the voters voting at an election held under Section
3962.0602 approve the proposition or propositions, the board shall
declare the results and, by order, shall establish the defined area
or designated property and describe it by metes and bounds or
designate the specific area or property.
(b) A court may not review the board's order except on the
ground of fraud, palpable error, or arbitrary and confiscatory
abuse of discretion.
Sec. 3962.0604. TAXES FOR SERVICES, IMPROVEMENTS, AND
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
approval and adoption of an order described by Section 3962.0603,
the district may apply separately, differently, equitably, and
specifically its taxing power and lien authority to the defined
area or designated property to provide money to construct,
administer, maintain, and operate services, improvements, and
facilities that primarily benefit the defined area or designated
property.
Sec. 3962.0605. ISSUANCE OF BONDS FOR DEFINED AREA OR
DESIGNATED PROPERTY. After an order under Section 3962.0603 is
adopted, the district may issue bonds to provide for any land,
improvements, facilities, plants, equipment, and appliances for
the defined area or designated property.
SUBCHAPTER I. DISSOLUTION
Sec. 3962.0901. DISSOLUTION. (a) The board shall dissolve
the district on written petition filed with the board by the owners
of:
(1) 66 percent or more of the assessed value of the
property subject to assessment by the district based on the most
recent certified county property tax rolls; or
(2) 66 percent or more of the surface area of the
district, excluding roads, streets, highways, utility
rights-of-way, other public areas, and other property exempt from
assessment by the district according to the most recent certified
county property tax rolls.
(b) The board by majority vote may dissolve the district at
any time.
(c) The district may not be dissolved by its board under
Subsection (a) or (b) if the district:
(1) has any outstanding bonded indebtedness until that
bonded indebtedness has been repaid or defeased in accordance with
the order or resolution authorizing the issuance of the bonds;
(2) has a contractual obligation to pay money until
that obligation has been fully paid in accordance with the
contract; or
(3) owns, operates, or maintains public works,
facilities, or improvements unless the district contracts with
another person for the ownership, operation, or maintenance of the
public works, facilities, or improvements.
(d) Sections 375.261, 375.262, and 375.264, Local
Government Code, do not apply to the district.
SECTION 2. The West Pecos Management District initially
includes all territory contained in the following area:
Tract 1 - 620.00 Acres
FIELD NOTE DESCRIPTION OF 640.000 ACRES, MORE OR LESS, SAVE
AND EXCEPT 20.000 ACRES, IN THE H. & G. N. RR. CO. SURVEY, BLOCK 5,
SECTION 19, ABSTRACT 430, REEVES COUNTY, TEXAS IN A DEED TO EVANS I
LTD RECORDED IN VOLUME 538, PAGE 682, DRRCT (DEED RECORDS OF REEVES
COUNTY, TEXAS) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a railroad spike found at the northwest corner
of said Section 19, in the south right-of-way line of Farm to Market
Road 204, also being the northeast corner of H. & G. N. RR. Co.
Survey, Block 5, Section 20, Abstract 3540, for the northwest
corner of this description;
THENCE leaving said Section 20, along the north line of said
Section 19, for the south line of said Farm to Market Road
right-of-way, S 77°11'26" E a distance of 5286.37 feet to a 2"
aluminum cap found at the northeast corner of said Section 19 and
the northwest corner of that tract called 162.70 acres in a deed to
Evans I Ltd, recorded in Volume 534, Page 130, DRRCT, also being the
northwest corner for H. & G. N. RR. Co. Survey, Block 5, Section 22,
Abstract 4987, for the northeast corner of this description;
THENCE along the east line of said Section 19, for the west
line of said Section 22, S 12°53'43" W a distance of 2776.45 feet
passing a 1/2" iron rod found at the southwest corner of said 162.70
acre tract, for a total of 5283.92 feet to a 2" iron pipe found at
the southeast corner of said Section 19, for the southwest corner of
said Section 22, also being the northeast corner of H. & G. N. RR.
Co. Survey, Block 5, Section 38, Abstract 1389, for the southeast
corner of this description;
THENCE along the south line of said Section 19, for the north
line of said Section 38, N 76°59'27" W a distance of 5282.11 feet to
a 1/2" iron rod set at the southwest corner of said Section 19, for
the northwest corner of said Section 38, Abstract 1124, also being
the southeast corner of said Section 20, for the southwest corner of
this description;
THENCE along the west line of said Section 19, for the east
line of said Section 20, N 12°50'56" E a distance of 5265.50 feet to
the POINT OF BEGINNING. There are 640.000 acres, more or less,
described in these field notes.
SAVE AND EXCEPT 20 ACRES:
BEGINNING at a 1 1/2" iron rod set in the south right-of-way
line of Farm to Market Road 204, in the north line of Section 19 from
which a 2" aluminum cap found at the northeast corner of said
Section 19 and the northwest corner of that tract called 162.70
acres in a deed to Evans I Ltd, recorded in Volume 534, Page 130,
DRRCT bears: S 77°11'26" E a distance of 40.00, for the northeast
corner of this description;
THENCE leaving Farm to Market Road right-of-way, with and 40
feet from the east line of Section 19, severing said 640 acre tract,
S 12°53'43" W a distance of 933.38 feet to a 1/2" iron rod set, for
the southeast corner of this description;
THENCE continuing across said Section 19, N 77°11'26" W a
distance of 933.38 feet to a 1/2" iron rod set, for the southwest
corner of this description;
THENCE N 12°53'43" E a distance of 933.38 feet to a 1/2" iron
rod set in the north line of said Section 19 and the south line of
said Farm to Market Road right-of-way, from which a railroad spike
found at the northwest corner of said Section 19 and the northeast
corner of H.& G. N. RR. Co. Survey, Block 5, Section 20, Abstract
3540, bears N 77°11'26" W a distance of 4312.99 feet;
THENCE along the north line of said Section 19, for the south
line of said right-of- way, S 77°11'26" E a distance of 933.38 feet
to the POINT OF BEGINNING. There are 20.000 acres, more or less,
described in these field notes.
Tract 2 - 513.56 Acres
BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING
513.67 ACRES OF LAND CONVEYED IN A WARRANTY DEED TO HIGHWAY 20
PROPERTIES, LLC, A TEXAS LIMITED LIABILITY COMPANY AND AS DESCRIBED
AND RECORDED IN VOLUME 785, PAGE 618 IN THE OFFICIAL PUBLIC RECORDS
OF REEVES COUNTY, TEXAS (OPRRCT) SAID TRACT LOCATED IN SECTION 76,
BLOCK 04, W.M. HIGGINS SURVEY, ABSTRACT NO. 3661 & SECTION 18, BLOCK
05, G.S. JOHNSON SURVEY, ABSTRACT NO. 1332 & SECTION 17, BLOCK 05,
H. & G.N. RR. CO. SURVEY, ABSTRACT NO. 429 ALL IN REEVES COUNTY,
TEXAS SAID 513.67 ACRE TRACT DESCRIBED MORE FULLY BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING AT A 1/2" IRON ROD, CAPPED AND MARKED "TRANSGLOBAL
SERVICES", SET ON THE COMMON LINE OF SAID SECTION 18 AND SECTION 17
FOR A CORNER OF SAID 528.29 ACRE TRACT, FROM WHICH A 1/2" IRON ROD,
CAPPED AND MARKED "RPLS 2158" FOUND AT THE SOUTHEAST CORNER OF SAID
SECTION 18 AND THE SOUTHWEST CORNER OF SAID SECTION 17 BEARS S
32°39'40" E A DISTANCE OF 1319.48 FEET;
THENCE: N 77°11'40" W A DISTANCE OF 4662.73 FEET TO A 1/2" IRON
ROD, CAPPED AND MARKED "TRANSGLOBAL SERVICES" SET FOR A CORNER OF
SAID 528.29 ACRE TRACT;
THENCE: N 13°37'23" E A DISTANCE OF 741.23 FEET TO A 1/2" IRON
ROD, CAPPED AND MARKED "TRANSGLOBAL SERVICES" SET FOR A CORNER OF
SAID 528.29 ACRE TRACT;
THENCE: N 77°16'57" W A DISTANCE OF 679.21 FEET TO A 1/2" IRON
ROD, CAPPED AND MARKED "TRANSGLOBAL SERVICES" SET FOR A CORNER OF
SAID 528.29 ACRE TRACT;
THENCE: N 32°00'17" W A DISTANCE OF 1767.74 FEET TO A 1/2" IRON
ROD, CAPPED AND MARKED "TRANSGLOBAL SERVICES" SET FOR A CORNER OF
SAID 528.29 ACRE TRACT;
THENCE: N 69°42'16" E A DISTANCE OF 510.63 FEET TO A 1/2" IRON
ROD, CAPPED AND MARKED "TRUJILLO RPLS 5358" FOUND FOR A CORNER OF
SAID 528.29 ACRE TRACT;
THENCE: S 32°00'17" E A DISTANCE OF 1645.55 FEET TO A 1/2" IRON
ROD, CAPPED AND MARKED "TRUJILLO RPLS 5358" FOUND FOR A CORNER OF
SAID 528.29 ACRE TRACT;
THENCE: N 57°59'42" E A DISTANCE OF 3303.39 FEET TO A 1/2" IRON
ROD, CAPPED AND MARKED "TRUJILLO RPLS 5358" FOUND FOR A CORNER OF
SAID 528.29 ACRE TRACT;
THENCE: S 72°40'13" E A DISTANCE OF 2282.07 FEET TO A 1/2" IRON
ROD, CAPPED AND MARKED "TRANSGLOBAL SERVICES" SET FOR A CORNER OF
SAID 528.29 ACRE TRACT;
THENCE: S 12°52'49" W A DISTANCE OF 1537.42 FEET TO A 1/2" IRON
ROD, CAPPED AND MARKED "TRUJILLO RPLS 5358" FOUND FOR A CORNER OF
SAID 528.29 ACRE TRACT;
THENCE: S 77°07'10" E A DISTANCE OF 1320.00 FEET TO A RAILROAD
SPIKE FOUND FOR A CORNER OF SAID 528.29 ACRE TRACT;
THENCE: N 12°31'50" E A DISTANCE OF 879.27 FEET TO A 1/2" IRON
ROD, CAPPED AND MARKED "TRUJILLO RPLS 5358" FOUND FOR A CORNER OF
SAID 528.29 ACRE TRACT;
THENCE: S 77°20'53" E A DISTANCE OF 4733.55 FEET TO A 1/2" IRON
ROD, CAPPED AND MARKED "TRUJILLO RPLS 5358" FOUND FOR A CORNER OF
SAID 528.29 ACRE TRACT;
THENCE: S 12°35'02" W A DISTANCE OF 968.08 FEET TO A 1/2" IRON
PIN FOUND FOR A CORNER OF SAID 528.29 ACRE TRACT;
THENCE: N 78°06'01" W A DISTANCE OF 1169.78 FEET TO A 1/2" IRON
PIN FOUND FOR A CORNER OF SAID 528.29 ACRE TRACT;
THENCE: S 12°37'49" W A DISTANCE OF 775.60 FEET TO A 1/2" IRON
PIN FOUND FOR A CORNER OF SAID 528.29 ACRE TRACT;
THENCE: N 77°20'53" W A DISTANCE OF 3571.02 FEET TO A 1/2" IRON
ROD, CAPPED AND MARKED "TRUJILLO RPLS 5358" FOUND FOR A CORNER OF
SAID 528.29 ACRE TRACT;
THENCE: N 12°50'17" E A DISTANCE OF 101.51 FEET TO A POINT;
THENCE: N 76°48'14" W A DISTANCE OF 944.25 FEET TO A POINT;
THENCE: S 12°38'52" W A DISTANCE OF 942.79 FEET TO THE PLACE OF
BEGINNING OF THE HEREIN DESCRIBED TRACT, IN ALL CONTAINING 513.67
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.