Texas 2019 - 86th Regular

Texas House Bill HB4703 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4703
	1	+	By: Coleman (Senate Sponsor - Whitmire) H.B. No. 4703
	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. 4703 By: Alvarado
2	9
3	10
	11	+	A BILL TO BE ENTITLED
	12	+	AN ACT
4	13		relating to the creation of the Harris County Improvement District
5	14		No. 28; providing authority to issue bonds; providing authority to
6	15		impose assessments, fees, and taxes.
7	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	17		SECTION 1. Subtitle C, Title 4, Special District Local Laws
9	18		Code, is amended by adding Chapter 3987 to read as follows:
10	19		CHAPTER 3987. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 28
11	20		SUBCHAPTER A. GENERAL PROVISIONS
12	21		Sec. 3987.0101. DEFINITIONS. In this chapter:
13	22		(1) "Board" means the district's board of directors.
14	23		(2) "City" means the City of Houston.
15	24		(3) "County" means Harris County.
16	25		(4) "Director" means a board member.
17	26		(5) "District" means the Harris County Improvement
18	27		District No. 28.
19	28		Sec. 3987.0102. NATURE OF DISTRICT. The Harris County
20	29		Improvement District No. 28 is a special district created under
21	30		Section 59, Article XVI, Texas Constitution.
22	31		Sec. 3987.0103. PURPOSE; DECLARATION OF INTENT. (a) The
23	32		creation of the district is essential to accomplish the purposes of
24	33		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
25	34		Texas Constitution, and other public purposes stated in this
26	35		chapter.
27	36		(b) By creating the district and in authorizing the city and
28	37		other political subdivisions to contract with the district, the
29	38		legislature has established a program to accomplish the public
30	39		purposes set out in Section 52-a, Article III, Texas Constitution.
31	40		(c) The creation of the district is necessary to promote,
32	41		develop, encourage, and maintain employment, commerce,
33	42		transportation, housing, tourism, recreation, the arts,
34	43		entertainment, economic development, safety, and the public
35	44		welfare in the district.
36	45		(d) This chapter and the creation of the district may not be
37	46		interpreted to relieve the city from providing the level of
38	47		services provided as of the effective date of the Act enacting this
39	48		chapter to the area in the district. The district is created to
40	49		supplement and not to supplant city services provided in the
41	50		district.
42	51		Sec. 3987.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
43	52		(a) All land and other property included in the district will
44	53		benefit from the improvements and services to be provided by the
45	54		district under powers conferred by Sections 52 and 52-a, Article
46	55		III, and Section 59, Article XVI, Texas Constitution, and other
47	56		powers granted under this chapter.
48	57		(b) The district is created to serve a public use and
49	58		benefit.
50	59		(c) The creation of the district is in the public interest
51	60		and is essential to further the public purposes of:
52	61		(1) developing and diversifying the economy of the
53	62		state;
54	63		(2) eliminating unemployment and underemployment; and
55	64		(3) developing or expanding transportation and
56	65		commerce.
57	66		(d) The district will:
58	67		(1) promote the health, safety, and general welfare of
59	68		residents, employers, potential employees, employees, visitors,
60	69		and consumers in the district, and of the public;
61	70		(2) provide needed funding for the district to
62	71		preserve, maintain, and enhance the economic health and vitality of
63	72		the district territory as a community and business center;
64	73		(3) promote the health, safety, welfare, and enjoyment
65	74		of the public by providing pedestrian ways and by landscaping and
66	75		developing certain areas in the district, which are necessary for
67	76		the restoration, preservation, and enhancement of scenic beauty;
68	77		and
69	78		(4) provide for water, wastewater, drainage, road, and
70	79		recreational facilities for the district.
71	80		(e) Pedestrian ways along or across a street, whether at
72	81		grade or above or below the surface, and street lighting, street
73	82		landscaping, parking, and street art objects are parts of and
74	83		necessary components of a street and are considered to be a street
75	84		or road improvement.
76	85		(f) The district will not act as the agent or
77	86		instrumentality of any private interest even though the district
78	87		will benefit many private interests as well as the public.
79	88		Sec. 3987.0105. INITIAL DISTRICT TERRITORY. (a) The
80	89		district is initially composed of the territory described by
81	90		Section 2 of the Act enacting this chapter.
82	91		(b) The boundaries and field notes contained in Section 2 of
83	92		the Act enacting this chapter form a closure. A mistake in the
84	93		field notes or in copying the field notes in the legislative process
85	94		does not affect the district's:
86	95		(1) organization, existence, or validity;
87	96		(2) right to issue any type of bonds for the purposes
88	97		for which the district is created or to pay the principal of and
89	98		interest on the bonds;
90	99		(3) right to impose or collect an assessment or tax; or
91	100		(4) legality or operation.
92	101		Sec. 3987.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
93	102		All or any part of the area of the district is eligible to be
94	103		included in:
95	104		(1) a tax increment reinvestment zone created under
96	105		Chapter 311, Tax Code; or
97	106		(2) a tax abatement reinvestment zone created under
98	107		Chapter 312, Tax Code.
99	108		Sec. 3987.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
100	109		DISTRICTS LAW. Except as otherwise provided by this chapter,
101	110		Chapter 375, Local Government Code, applies to the district.
102	111		Sec. 3987.0108. CONSTRUCTION OF CHAPTER. This chapter
103	112		shall be liberally construed in conformity with the findings and
104	113		purposes stated in this chapter.
105	114		SUBCHAPTER B. BOARD OF DIRECTORS
106	115		Sec. 3987.0201. GOVERNING BODY; TERMS. (a) The district is
107	116		governed by a board of five voting directors who serve staggered
108	117		terms of four years, with two or three directors' terms expiring
109	118		June 1 of each odd-numbered year.
110	119		(b) The board by resolution may change the number of voting
111	120		directors on the board if the board determines that the change is in
112	121		the best interest of the district. The board may not consist of
113	122		fewer than 5 or more than 15 voting directors.
114	123		Sec. 3987.0202. APPOINTMENT OF VOTING DIRECTORS. The mayor
115	124		and members of the governing body of the city shall appoint voting
116	125		directors from persons recommended by the board. A person is
117	126		appointed if a majority of the members of the governing body,
118	127		including the mayor, vote to appoint that person.
119	128		Sec. 3987.0203. NONVOTING DIRECTORS. The board may appoint
120	129		nonvoting directors to serve at the pleasure of the voting
121	130		directors.
122	131		Sec. 3987.0204. QUORUM. For purposes of determining the
123	132		requirements for a quorum of the board, the following are not
124	133		counted:
125	134		(1) a board position vacant for any reason, including
126	135		death, resignation, or disqualification;
127	136		(2) a director who is abstaining from participation in
128	137		a vote because of a conflict of interest; or
129	138		(3) a nonvoting director.
130	139		Sec. 3987.0205. COMPENSATION. A director is entitled to
131	140		receive fees of office and reimbursement for actual expenses as
132	141		provided by Section 49.060, Water Code. Sections 375.069 and
133	142		375.070, Local Government Code, do not apply to the board.
134	143		Sec. 3987.0206. INITIAL VOTING DIRECTORS. (a) The initial
135	144		board consists of the following voting directors:
136	145		Pos. No. Name of Director Pos. No. Name of Director
137	146		Pos. No. Name of Director
138	147		1 Robert Tautenhahn 1 Robert Tautenhahn
139	148		1 Robert Tautenhahn
140	149		2 Juan Carlos Herrera 2 Juan Carlos Herrera
141	150		2 Juan Carlos Herrera
142	151		3 Jack Chaluh 3 Jack Chaluh
143	152		3 Jack Chaluh
144	153		4 Maewel Ghebremichael 4 Maewel Ghebremichael
145	154		4 Maewel Ghebremichael
146	155		5 Jarret Ewing 5 Jarret Ewing
147	156		5 Jarret Ewing
148	157		(b) Of the initial directors, the terms of directors
149	158		appointed for positions one through three expire June 1, 2021, and
150	159		the terms of directors appointed for positions four and five expire
151	160		June 1, 2023.
152	161		(c) Section 3987.0202 does not apply to this section.
153	162		(d) This section expires September 1, 2023.
154	163		SUBCHAPTER C. POWERS AND DUTIES
155	164		Sec. 3987.0301. GENERAL POWERS AND DUTIES. The district
156	165		has the powers and duties necessary to accomplish the purposes for
157	166		which the district is created.
158	167		Sec. 3987.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
159	168		district, using any money available to the district for the
160	169		purpose, may provide, design, construct, acquire, improve,
161	170		relocate, operate, maintain, or finance an improvement project or
162	171		service authorized under this chapter or Chapter 375, Local
163	172		Government Code.
164	173		(b) The district may contract with a governmental or private
165	174		entity to carry out an action under Subsection (a).
166	175		(c) The implementation of a district project or service is a
167	176		governmental function or service for the purposes of Chapter 791,
168	177		Government Code.
169	178		Sec. 3987.0303. NONPROFIT CORPORATION. (a) The board by
170	179		resolution may authorize the creation of a nonprofit corporation to
171	180		assist and act for the district in implementing a project or
172	181		providing a service authorized by this chapter.
173	182		(b) The nonprofit corporation:
174	183		(1) has each power of and is considered to be a local
175	184		government corporation created under Subchapter D, Chapter 431,
176	185		Transportation Code; and
177	186		(2) may implement any project and provide any service
178	187		authorized by this chapter.
179	188		(c) The board shall appoint the board of directors of the
180	189		nonprofit corporation. The board of directors of the nonprofit
181	190		corporation shall serve in the same manner as the board of directors
182	191		of a local government corporation created under Subchapter D,
183	192		Chapter 431, Transportation Code, except that a board member is not
184	193		required to reside in the district.
185	194		Sec. 3987.0304. LAW ENFORCEMENT SERVICES. To protect the
186	195		public interest, the district may contract with a qualified party,
187	196		including the city, to provide law enforcement services in the
188	197		district for a fee.
189	198		Sec. 3987.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
190	199		The district may join and pay dues to a charitable or nonprofit
191	200		organization that performs a service or provides an activity
192	201		consistent with the furtherance of a district purpose.
193	202		Sec. 3987.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
194	203		district may engage in activities that accomplish the economic
195	204		development purposes of the district.
196	205		(b) The district may establish and provide for the
197	206		administration of one or more programs to promote state or local
198	207		economic development and to stimulate business and commercial
199	208		activity in the district, including programs to:
200	209		(1) make loans and grants of public money; and
201	210		(2) provide district personnel and services.
202	211		(c) The district may create economic development programs
203	212		and exercise the economic development powers provided to
204	213		municipalities by:
205	214		(1) Chapter 380, Local Government Code; and
206	215		(2) Subchapter A, Chapter 1509, Government Code.
207	216		Sec. 3987.0307. PARKING FACILITIES. (a) The district may
208	217		acquire, lease as lessor or lessee, construct, develop, own,
209	218		operate, and maintain parking facilities or a system of parking
210	219		facilities, including lots, garages, parking terminals, or other
211	220		structures or accommodations for parking motor vehicles off the
212	221		streets and related appurtenances.
213	222		(b) The district's parking facilities serve the public
214	223		purposes of the district and are owned, used, and held for a public
215	224		purpose even if leased or operated by a private entity for a term of
216	225		years.
217	226		(c) The district's parking facilities are parts of and
218	227		necessary components of a street and are considered to be a street
219	228		or road improvement.
220	229		(d) The development and operation of the district's parking
221	230		facilities may be considered an economic development program.
222	231		Sec. 3987.0308. ADDING OR EXCLUDING LAND. The district may
223	232		add or exclude land in the manner provided by Subchapter J, Chapter
224	233		49, Water Code, or by Subchapter H, Chapter 54, Water Code.
225	234		Sec. 3987.0309. DISBURSEMENTS AND TRANSFERS OF MONEY. The
226	235		board by resolution shall establish the number of directors'
227	236		signatures and the procedure required for a disbursement or
228	237		transfer of district money.
229	238		Sec. 3987.0310. NO EMINENT DOMAIN POWER. The district may
230	239		not exercise the power of eminent domain.
231	240		SUBCHAPTER D. ASSESSMENTS
232	241		Sec. 3987.0401. PETITION REQUIRED FOR FINANCING SERVICES
233	242		AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
234	243		service or improvement project with assessments under this chapter
235	244		unless a written petition requesting that service or improvement
236	245		has been filed with the board.
237	246		(b) A petition filed under Subsection (a) must be signed by
238	247		the owners of at least 60 percent of the assessed value of real
239	248		property in the district subject to assessment according to the
240	249		most recent certified tax appraisal roll for the county.
241	250		Sec. 3987.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
242	251		The board by resolution may impose and collect an assessment for any
243	252		purpose authorized by this chapter in all or any part of the
244	253		district.
245	254		(b) An assessment, a reassessment, or an assessment
246	255		resulting from an addition to or correction of the assessment roll
247	256		by the district, penalties and interest on an assessment or
248	257		reassessment, an expense of collection, and reasonable attorney's
249	258		fees incurred by the district:
250	259		(1) are a first and prior lien against the property
251	260		assessed;
252	261		(2) are superior to any other lien or claim other than
253	262		a lien or claim for county, school district, or municipal ad valorem
254	263		taxes; and
255	264		(3) are the personal liability of and a charge against
256	265		the owners of the property even if the owners are not named in the
257	266		assessment proceedings.
258	267		(c) The lien is effective from the date of the board's
259	268		resolution imposing the assessment until the date the assessment is
260	269		paid. The board may enforce the lien in the same manner that the
261	270		board may enforce an ad valorem tax lien against real property.
262	271		(d) The board may make a correction to or deletion from the
263	272		assessment roll that does not increase the amount of assessment of
264	273		any parcel of land without providing notice and holding a hearing in
265	274		the manner required for additional assessments.
266	275		SUBCHAPTER E. TAXES AND BONDS
267	276		Sec. 3987.0501. TAX ELECTION REQUIRED. The district must
268	277		hold an election in the manner provided by Chapter 49, Water Code,
269	278		or, if applicable, Chapter 375, Local Government Code, to obtain
270	279		voter approval before the district may impose an ad valorem tax.
271	280		Sec. 3987.0502. OPERATION AND MAINTENANCE TAX. (a) If
272	281		authorized by a majority of the district voters voting at an
273	282		election under Section 3987.0501, the district may impose an
274	283		operation and maintenance tax on taxable property in the district
275	284		in the manner provided by Section 49.107, Water Code, for any
276	285		district purpose, including to:
277	286		(1) maintain and operate the district;
278	287		(2) construct or acquire improvements; or
279	288		(3) provide a service.
280	289		(b) The board shall determine the operation and maintenance
281	290		tax rate. The rate may not exceed the rate approved at the
282	291		election.
283	292		(c) Section 49.107(h), Water Code, does not apply to the
284	293		district.
285	294		Sec. 3987.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
286	295		BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
287	296		terms determined by the board.
288	297		(b) The district may issue bonds, notes, or other
289	298		obligations payable wholly or partly from ad valorem taxes,
290	299		assessments, impact fees, revenue, contract payments, grants, or
291	300		other district money, or any combination of those sources of money,
292	301		to pay for any authorized district purpose.
293	302		(c) The limitation on the outstanding principal amount of
294	303		bonds, notes, or other obligations provided by Section 49.4645,
295	304		Water Code, does not apply to the district.
296	305		Sec. 3987.0504. BONDS SECURED BY REVENUE OR CONTRACT
297	306		PAYMENTS. The district may issue, without an election, bonds
298	307		secured by:
299	308		(1) revenue other than ad valorem taxes, including
300	309		contract revenues; or
301	310		(2) contract payments, provided that the requirements
302	311		of Section 49.108, Water Code, have been met.
303	312		Sec. 3987.0505. BONDS SECURED BY AD VALOREM TAXES;
304	313		ELECTIONS. (a) If authorized at an election under Section
305	314		3987.0501, the district may issue bonds payable from ad valorem
306	315		taxes only to purchase, construct, acquire, own, operate, repair,
307	316		improve, or extend facilities and improvements for and in support
308	317		of:
309	318		(1) parking as described by Section 3987.0307;
310	319		(2) parks and recreational facilities, including:
311	320		(A) parks, landscaping, and greenbelts;
312	321		(B) sidewalks and trails;
313	322		(C) pedestrian crosswalks, bridges, and tunnels;
314	323		(D) public right-of-way beautification projects;
315	324		(E) plazas, pedestrian malls, and places of
316	325		public assembly;
317	326		(F) lighting, banners, and signs;
318	327		(G) works of art; and
319	328		(H) recreational equipment and facilities; and
320	329		(3) water, sewer, drainage, and road facilities and
321		-	improvements in aid of a facility or improvement described by
322		-	Subdivision (1) or (2).
	330	+	improvements.
323	331		(b) Section 375.243, Local Government Code, does not apply
324	332		to the district.
325	333		(c) At the time the district issues bonds payable wholly or
326	334		partly from ad valorem taxes, the board shall provide for the annual
327	335		imposition of a continuing direct annual ad valorem tax, without
328	336		limit as to rate or amount, for each year that all or part of the
329	337		bonds are outstanding as required and in the manner provided by
330	338		Sections 54.601 and 54.602, Water Code.
331	339		(d) All or any part of any facilities or improvements that
332	340		may be acquired by a district by the issuance of its bonds may be
333	341		submitted as a single proposition or as several propositions to be
334	342		voted on at the election.
335	343		Sec. 3987.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
336	344		board may not issue bonds until each municipality in whose
337	345		corporate limits or extraterritorial jurisdiction the district is
338	346		located has consented by ordinance or resolution to the creation of
339	347		the district and to the inclusion of land in the district.
340	348		(b) This section applies only to the district's first
341	349		issuance of bonds payable from ad valorem taxes.
342	350		Sec. 3987.0507. CITY NOT REQUIRED TO PAY DISTRICT
343	351		OBLIGATIONS. Except as provided by Section 375.263, Local
344	352		Government Code, the city is not required to pay a bond, note, or
345	353		other obligation of the district.
346	354		Sec. 3987.0508. CONFIRMATION ELECTION REQUIRED. The
347	355		district must hold an election to confirm the creation of the
348	356		district before the district may impose an ad valorem tax or issue
349	357		bonds payable from ad valorem taxes.
350	358		SUBCHAPTER I. DISSOLUTION
351	359		Sec. 3987.0901. DISSOLUTION. (a) The board shall dissolve
352	360		the district on written petition filed with the board by the owners
353	361		of:
354	362		(1) 66 percent or more of the assessed value of the
355	363		property subject to assessment by the district based on the most
356	364		recent certified county property tax rolls; or
357	365		(2) 66 percent or more of the surface area of the
358	366		district, excluding roads, streets, highways, utility
359	367		rights-of-way, other public areas, and other property exempt from
360	368		assessment by the district according to the most recent certified
361	369		county property tax rolls.
362	370		(b) The board by majority vote may dissolve the district at
363	371		any time.
364	372		(c) The district may not be dissolved by its board under
365	373		Subsection (a) or (b) if the district:
366	374		(1) has any outstanding bonded indebtedness until that
367	375		bonded indebtedness has been repaid or defeased in accordance with
368	376		the order or resolution authorizing the issuance of the bonds;
369	377		(2) has a contractual obligation to pay money until
370	378		that obligation has been fully paid in accordance with the
371	379		contract; or
372	380		(3) owns, operates, or maintains public works,
373	381		facilities, or improvements unless the district contracts with
374	382		another person for the ownership, operation, or maintenance of the
375	383		public works, facilities, or improvements.
376	384		(d) Sections 375.261, 375.262, and 375.264, Local
377	385		Government Code, do not apply to the district.
378	386		SECTION 2. The Harris County Improvement District No. 28
379	387		initially includes all territory contained in the following area:
380	388		Being a tract or parcel, containing 6.011 acres (261,835
381	389		square feet) of land, situated in the John Austin Two League Grant,
382	390		Abstract Number 1, City of Houston, Harris County, Texas, and being
383	391		all of Unrestricted Reserve "A" and part of and out of Unrestricted
384	392		Reserve "B", Block 1, CWA GILLETTE STREET, a plat of subdivision
385	393		recorded under Film Code Number 657260, Map Records of Harris
386	394		County, Texas (M.R.H.C.); also being all that certain called 6.011
387	395		acres described in deed to Westcreek HTX Real Estate Partners-D,
388	396		L.P. (herein referred to as the "Westcreek Tract"), as recorded
389	397		under County Clerk's File (C.C.F.) Number 20150175209, Official
390	398		Public Records of Real Property of Harris County, Texas
391	399		(O.P.R.R.P.H.C.); the herein described 6.011 acre tract being more
392	400		particularly described by metes and bounds as follows (bearings
393	401		herein are grid bearings based on the Texas State Plane Coordinate
394	402		System, South Central Zone, NAD 83, as evidenced on said
395	403		subdivision plat of CWA GILLETTE STREET; distances are surface
396	404		distances based on the U.S. Survey Foot and may be converted to grid
397	405		by multiplying by a combined scale factor of 0.999890843):
398	406		BEGINNING at a 5/8-inch iron rod with plastic cap, stamped
399	407		"TERRA SURVEYING", set marking the intersection of the south
400	408		right-of-way (R.O.W.) line of Allen Parkway (public), based on a
401	409		195-foot width, with the east R.O.W. line of Gillette Street
402	410		(public), based on a 60-foot width; both street rights-of-way being
403	411		part of and out of the remainder of that certain called 48.78 acres
404	412		described in deed to City of Houston, as recorded in Volume 372,
405	413		Page 235, Deed Records of Harris County, Texas; also, the alignment
406	414		of said street rights-of-way are depicted on City File Room
407	415		Drawings 6064 and 9387 for Allen Parkway, and 8064 and 36778 for
408	416		Gillette Street; said iron rod also marking the northwest corner of
409	417		said Westcreek Tract, said Unrestricted Reserve "A", and the herein
410	418		described tract;
411	419		THENCE, North 87°38'58" East, with the south R.O.W. line of
412	420		said Allen Parkway, a distance of 387.79 feet to a 3/4-inch iron rod
413	421		found marking the northwest corner of Reserve "A", Block 1, ALLEN
414	422		PARKWAY VILLAGE, a plat of subdivision recorded under Film Code
415	423		Number 428006, M.R.H.C.; said iron rod also marking the northeast
416	424		corner of said Westcreek Tract, said Unrestricted Reserve "A", and
417	425		the herein described tract, from which a 5/8-inch iron rod found for
418	426		reference bears South 84°04' West, 2.40 feet;
419	427		THENCE, South 02°19'25" East, departing said south R.O.W.
420	428		line with the west line of said Reserve "A", and the east line of
421	429		said Westcreek Tract and said Unrestricted Reserve "A", at 373.40
422	430		feet pass a 3/4-inch iron rod found marking the most easterly common
423	431		corner of the aforesaid Unrestricted Reserves "A" and "B";
424	432		continuing, with said west line, and the east line of said Westcreek
425	433		Tract and said Unrestricted Reserve "B", a total distance of 675.57
426	434		feet to a 5/8-inch iron rod with plastic cap, stamped "TERRA
427	435		SURVEYING", set marking the southeast corner of said Westcreek
428	436		Tract and the herein described tract;
429	437		THENCE, South 87°38'09" West, across said Unrestricted
430	438		Reserve "B" with the south line of said Westcreek Tract, a distance
431	439		of 387.31 feet to a 5/8-inch iron rod with plastic cap, stamped
432	440		"TERRA SURVEYING", set in the east R.O.W. line of the aforesaid
433	441		Gillette Street and marking the southwest corner of said Westcreek
434	442		Tract and the herein described tract;
435	443		THENCE, North 02°21'51" West, with the east R.O.W. line of
436	444		said Gillette Street, at 418.66 feet pass the most westerly common
437	445		corner of the aforesaid Unrestricted Reserves "A" and "B", from
438	446		which a 3/4-inch iron rod found for reference bears South 87°38'58"
439	447		West, 0.13 feet; continuing, a total distance of 675.66 feet to the
440	448		POINT OF BEGINNING and containing 6.011 acres (261,835 square feet)
441	449		of land.
442	450		SECTION 3. (a) The legal notice of the intention to
443	451		introduce this Act, setting forth the general substance of this
444	452		Act, has been published as provided by law, and the notice and a
445	453		copy of this Act have been furnished to all persons, agencies,
446	454		officials, or entities to which they are required to be furnished
447	455		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
448	456		Government Code.
449	457		(b) The governor, one of the required recipients, has
450	458		submitted the notice and Act to the Texas Commission on
451	459		Environmental Quality.
452	460		(c) The Texas Commission on Environmental Quality has filed
453	461		its recommendations relating to this Act with the governor,
454	462		lieutenant governor, and speaker of the house of representatives
455	463		within the required time.
456	464		(d) All requirements of the constitution and laws of this
457	465		state and the rules and procedures of the legislature with respect
458	466		to the notice, introduction, and passage of this Act have been
459	467		fulfilled and accomplished.
460	468		SECTION 4. This Act takes effect immediately if it receives
461	469		a vote of two-thirds of all the members elected to each house, as
462	470		provided by Section 39, Article III, Texas Constitution. If this
463	471		Act does not receive the vote necessary for immediate effect, this
464	472		Act takes effect September 1, 2019.
465		-	______________________________ ______________________________
466		-	President of the Senate Speaker of the House
467		-	I certify that H.B. No. 4703 was passed by the House on May 3,
468		-	2019, by the following vote: Yeas 124, Nays 16, 2 present, not
469		-	voting; and that the House concurred in Senate amendments to H.B.
470		-	No. 4703 on May 24, 2019, by the following vote: Yeas 97, Nays 45,
471		-	2 present, not voting.
472		-	______________________________
473		-	Chief Clerk of the House
474		-	I certify that H.B. No. 4703 was passed by the Senate, with
475		-	amendments, on May 21, 2019, by the following vote: Yeas 28, Nays
476		-	3.
477		-	______________________________
478		-	Secretary of the Senate
479		-	APPROVED: __________________
480		-	Date
481		-	__________________
482		-	Governor
	473	+	* * * * *
483	474
484	475		Pos. No. Name of Director
485	476
486	477		1 Robert Tautenhahn
487	478
488	479		2 Juan Carlos Herrera
489	480
490	481		3 Jack Chaluh
491	482
492	483		4 Maewel Ghebremichael
493	484
494	485		5 Jarret Ewing