Texas 2019 - 86th Regular

Texas House Bill HB4730 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4730
	1	+	By: Moody (Senate Sponsor - Rodríguez) H.B. No. 4730
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 15, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 20, 2019, reported adversely,
	5	+	with favorable Committee Substitute by the following vote: Yeas 7,
	6	+	Nays 0; May 20, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 4730 By: Alvarado
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the creation of the City of El Paso Municipal Management
6	14		District No. 1; providing authority to issue bonds; providing
7	15		authority to impose assessments, fees, or taxes.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. Subtitle C, Title 4, Special District Local Laws
10	18		Code, is amended by adding Chapter 3972 to read as follows:
11	19		CHAPTER 3972. CITY OF EL PASO MUNICIPAL MANAGEMENT DISTRICT NO. 1
12	20		SUBCHAPTER A. GENERAL PROVISIONS
13	21		Sec. 3972.0101. DEFINITIONS. In this chapter:
14	22		(1) "Board" means the district's board of directors.
15	23		(2) "City" means the City of El Paso.
16	24		(3) "Director" means a board member.
17	25		(4) "District" means the City of El Paso Municipal
18	26		Management District No. 1.
19	27		Sec. 3972.0102. CREATION AND NATURE OF DISTRICT. The City
20	28		of El Paso Municipal Management District No. 1 is a special
21	29		district created under Section 59, Article XVI, Texas Constitution.
22	30		Sec. 3972.0103. PURPOSE; LEGISLATIVE FINDINGS. (a) The
23	31		creation of the district is essential to accomplish the purposes of
24	32		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
25	33		Texas Constitution, and other public purposes stated in this
26	34		chapter.
27	35		(b) By creating the district and in authorizing the city and
28	36		other political subdivisions to contract with the district, the
29	37		legislature has established a program to accomplish the public
30	38		purposes set out in Section 52-a, Article III, Texas Constitution.
31	39		(c) The creation of the district is necessary to promote,
32	40		develop, encourage, and maintain employment, commerce,
33	41		transportation, housing, tourism, recreation, the arts,
34	42		entertainment, economic development, safety, and the public
35	43		welfare in the district.
36	44		(d) The district is created to supplement and not to
37	45		supplant city services provided in the district.
38	46		Sec. 3972.0104. FINDINGS OF BENEFIT AND PUBLIC USE. (a)
39	47		All land and other property included in the district will benefit
40	48		from the improvements and services to be provided by the district
41	49		under powers conferred by Sections 52 and 52-a, Article III, and
42	50		Section 59, Article XVI, Texas Constitution, and other powers
43	51		granted under this chapter.
44	52		(b) The district is created to serve a public use and
45	53		benefit.
46	54		(c) The creation of the district is in the public interest
47	55		and is essential to further the public purposes of:
48	56		(1) developing and diversifying the economy of the
49	57		state;
50	58		(2) eliminating unemployment and underemployment;
51	59		(3) developing or expanding transportation and
52	60		commerce; and
53	61		(4) providing quality residential housing.
54	62		(d) The district will:
55	63		(1) promote the health, safety, and general welfare of
56	64		residents, employers, potential employees, employees, visitors,
57	65		and consumers in the district, and of the public;
58	66		(2) provide needed funding for the district to
59	67		preserve, maintain, and enhance the economic health and vitality of
60	68		the district territory as a residential community and business
61	69		center; and
62	70		(3) promote the health, safety, welfare, and enjoyment
63	71		of the public by providing pedestrian ways and by landscaping and
64	72		developing certain areas in the district, which are necessary for
65	73		the restoration, preservation, and enhancement of scenic beauty.
66	74		(e) Pedestrian ways along or across a street, whether at
67	75		grade or above or below the surface, and street lighting, street
68	76		landscaping, parking, and street art objects are parts of and
69	77		necessary components of a street and are considered to be a street
70	78		or road improvement.
71	79		(f) The district will not act as the agent or
72	80		instrumentality of any private interest even though the district
73	81		will benefit many private interests as well as the public.
74	82		Sec. 3972.0105. INITIAL DISTRICT TERRITORY. (a) The
75	83		district is initially composed of the territory described by
76	84		Section 2 of the Act enacting this chapter.
77	85		(b) The boundaries and field notes contained in Section 2 of
78	86		the Act enacting this chapter form a closure. A mistake in the
79	87		field notes or in copying the field notes in the legislative process
80	88		does not affect the district's:
81	89		(1) organization, existence, or validity;
82	90		(2) right to issue any type of bonds for the purposes
83	91		for which the district is created or to pay the principal of and
84	92		interest on the bonds;
85	93		(3) right to impose or collect an assessment or tax; or
86	94		(4) legality or operation.
87	95		Sec. 3972.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
88	96		(a) All or any part of the area of the district is eligible to be
89	97		included in:
90	98		(1) a tax increment reinvestment zone created under
91	99		Chapter 311, Tax Code;
92	100		(2) a tax abatement reinvestment zone created under
93	101		Chapter 312, Tax Code;
94	102		(3) an enterprise zone created under Chapter 2303,
95	103		Government Code; or
96	104		(4) an industrial district created under Chapter 42,
97	105		Local Government Code.
98	106		(b) If the city creates a tax increment reinvestment zone
99	107		described by Subsection (a), the city and the board of directors of
100	108		the zone, by contract with the district, may grant money deposited
101	109		in the tax increment fund to the district to be used by the district
102	110		for:
103	111		(1) the purposes permitted for money granted to a
104	112		corporation under Section 380.002(b), Local Government Code; and
105	113		(2) any other district purpose, including the right to
106	114		pledge the money as security for any bonds or other obligations
107	115		issued by the district.
108	116		(c) A tax increment reinvestment zone created by the city in
109	117		the district is not subject to the limitations provided by Section
110	118		311.006, Tax Code.
111	119		Sec. 3972.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
112	120		DISTRICT LAW. Except as otherwise provided by this chapter,
113	121		Chapter 375, Local Government Code, applies to the district.
114	122		Sec. 3972.0108. ENFORCEABILITY OF MUNICIPAL CONSENT
115	123		AGREEMENT. (a) Any agreement between the district and a
116	124		municipality related to the municipality's consent to the creation
117	125		of the district is valid and enforceable.
118	126		(b) On the issuance of bonds by the district, the district
119	127		is considered to have waived sovereign immunity to suit by a
120	128		municipality for the purpose of adjudicating a claim for breach of
121	129		an agreement described by this section.
122	130		Sec. 3972.0109. CONSENT OF MUNICIPALITY AND ENTITLEMENT
123	131		AGREEMENT REQUIRED. The board may not impose an assessment, issue
124	132		bonds, or hold an election to authorize the issuance of bonds until:
125	133		(1) the governing body of the city by ordinance or
126	134		resolution consents to the creation of the district and to the
127	135		inclusion of land in the district; and
128	136		(2) the city and the owner or owners of a majority of
129	137		the assessed value of real property in the district negotiate and
130	138		execute a mutually approved and accepted entitlement agreement
131	139		regarding the development of land in the district.
132	140		Sec. 3972.0110. CONSTRUCTION OF CHAPTER. This chapter
133	141		shall be liberally construed in conformity with the findings and
134	142		purposes stated in this chapter.
135	143		SUBCHAPTER B. BOARD OF DIRECTORS
136	144		Sec. 3972.0201. GOVERNING BODY; TERMS. The district is
137	145		governed by a board of five directors who serve staggered terms of
138	146		four years with two or three directors' terms expiring June 1 of
139	147		each even-numbered year.
140	148		Sec. 3972.0202. QUALIFICATIONS OF DIRECTORS. (a) To be
141	149		qualified to serve as a director, a person must be:
142	150		(1) a resident of the city who is also a registered
143	151		voter of the city;
144	152		(2) an owner of property in the district;
145	153		(3) an owner of stock or a partnership or membership
146	154		interest, whether beneficial or otherwise, of a corporate
147	155		partnership, limited liability company, or other entity owner of a
148	156		direct or indirect interest in property in the district;
149	157		(4) an owner of a beneficial interest in a trust, or a
150	158		trustee in a trust, that directly or indirectly owns property in the
151	159		district; or
152	160		(5) an agent, employee, or tenant of a person
153	161		described by Subdivision (2), (3), or (4).
154	162		(b) Section 49.052, Water Code, does not apply to the
155	163		district.
156	164		Sec. 3972.0203. APPOINTMENT OF DIRECTORS. The governing
157	165		body of the city shall appoint directors from persons recommended
158	166		by the board.
159	167		Sec. 3972.0204. VACANCY. (a) If a vacancy occurs on the
160	168		board, the remaining directors shall appoint a director for the
161	169		remainder of the unexpired term.
162	170		(b) A director may resign from the board at any time.
163	171		Sec. 3972.0205. OFFICERS. The board shall elect from among
164	172		the directors a chair, a vice chair, and a secretary. The offices
165	173		of chair and secretary may not be held by the same person.
166	174		Sec. 3972.0206. COMPENSATION; EXPENSES. (a) The district
167	175		may compensate each director in an amount not to exceed $150 for
168	176		each board meeting. The total amount of compensation for each
169	177		director in one year may not exceed $7,200.
170	178		(b) A director is entitled to reimbursement for necessary
171	179		and reasonable expenses incurred in carrying out the duties and
172	180		responsibilities of the board.
173	181		Sec. 3972.0207. LIABILITY INSURANCE. The district may
174	182		obtain and pay for comprehensive general liability insurance
175	183		coverage from a commercial insurance company or other source that
176	184		protects and insures a director against personal liability and from
177	185		all claims relating to:
178	186		(1) actions taken by the director in the director's
179	187		capacity as a member of the board;
180	188		(2) actions and activities taken by the district; or
181	189		(3) the actions of others acting on behalf of the
182	190		district.
183	191		Sec. 3972.0208. NO EXECUTIVE COMMITTEE. The board may not
184	192		create an executive committee to exercise the powers of the board.
185	193		Sec. 3972.0209. BOARD MEETINGS. The board shall hold
186	194		meetings at a place accessible to the public.
187	195		Sec. 3972.0210. INITIAL DIRECTORS. (a) On or after January
188	196		1, 2020, the owner or owners of a majority of the assessed value of
189	197		real property in the district may submit a petition to the governing
190	198		body of the city requesting that the governing body appoint five
191	199		persons as initial directors from a list of persons agreed on by the
192	200		governing body of the city and the owner or owners of a majority of
193	201		the assessed value of real property in the district.
194	202		(b) A petition must name more than five qualified persons.
195	203		(c) The governing body shall appoint as initial directors
196	204		five persons listed in the petition who are qualified to serve as
197	205		directors.
198	206		(d) The initial directors shall determine by lot which three
199	207		positions expire June 1, 2022, and which two positions expire June
200	208		1, 2024.
201	209		(e) An initial director is not entitled to compensation
202	210		under Section 3972.0206.
203	211		(f) This section expires September 1, 2025.
204	212		SUBCHAPTER C. POWERS AND DUTIES
205	213		Sec. 3972.0301. GENERAL POWERS AND DUTIES. The district
206	214		has the powers and duties necessary to accomplish the purposes for
207	215		which the district is created.
208	216		Sec. 3972.0302. IMPROVEMENT PROJECTS AND SERVICES. (a)
209	217		The district, using money available to the district for the
210	218		purpose, may provide, design, construct, acquire, improve,
211	219		relocate, operate, maintain, or finance an improvement project or
212	220		service authorized under this chapter or Chapter 375, Local
213	221		Government Code.
214	222		(b) The district may contract with a governmental or private
215	223		entity to carry out an action under Subsection (a).
216	224		(c) An improvement project described by Subsection (a) may
217	225		be located:
218	226		(1) in the district; or
219	227		(2) in an area outside the district if the project is
220	228		for the purpose of extending a public infrastructure improvement
221	229		beyond the district's boundaries to a logical terminus.
222	230		Sec. 3972.0303. IMPROVEMENT PROJECT AND SERVICE IN
223	231		DEFINABLE AREA; BENEFIT BASIS. The district may undertake an
224	232		improvement project or service that confers a special benefit on a
225	233		definable area in the district and levy and collect a special
226	234		assessment on benefited property in the district in accordance
227	235		with:
228	236		(1) Chapter 372, Local Government Code; or
229	237		(2) Chapter 375, Local Government Code.
230	238		Sec. 3972.0304. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
231	239		district may engage in activities that accomplish the economic
232	240		development purposes of the district.
233	241		(b) The district may establish and provide for the
234	242		administration of one or more programs to promote state or local
235	243		economic development and to stimulate business and commercial
236	244		activity in the district, including programs to:
237	245		(1) make loans and grants of public money; and
238	246		(2) provide district personnel and services.
239	247		(c) The district may create economic development programs
240	248		and exercise the economic development powers that Chapter 380,
241	249		Local Government Code, provides to a municipality.
242	250		Sec. 3972.0305. PARKING FACILITIES. (a) The district may
243	251		acquire, lease as lessor or lessee, construct, develop, own,
244	252		operate, and maintain parking facilities or a system of parking
245	253		facilities, including lots, garages, parking terminals, or other
246	254		structures or accommodations for parking motor vehicles off the
247	255		streets and related appurtenances.
248	256		(b) The district's parking facilities serve the public
249	257		purposes of the district and are owned, used, and held for a public
250	258		purpose even if leased or operated by a private entity for a term of
251	259		years.
252	260		(c) The district's parking facilities are parts of and
253	261		necessary components of a street and are considered to be a street
254	262		or road improvement.
255	263		(d) The development and operation of the district's parking
256	264		facilities may be considered an economic development program.
257	265		Sec. 3972.0306. ADDING OR REMOVING TERRITORY. (a) The
258	266		board may add or remove territory as provided by Subchapter J,
259	267		Chapter 49, Water Code.
260	268		(b) The district may add territory as described by
261	269		Subsection (a) only if the governing body of the city by ordinance
262	270		or resolution consents to the addition.
263	271		Sec. 3972.0307. NO EMINENT DOMAIN POWER. The district may
264	272		not exercise the power of eminent domain.
265	273		SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
266	274		Sec. 3972.0401. DIVISION OF DISTRICT; PREREQUISITES. The
267	275		district, including territory added to the district under Section
268	276		3972.0306, may be divided into two or more new districts only if the
269	277		district has no outstanding bonded debt. Territory previously
270	278		added to the district under Section 3972.0306 may be included in a
271	279		new district.
272	280		Sec. 3972.0402. LAW APPLICABLE TO NEW DISTRICT. This
273	281		chapter applies to any new district created by division of the
274	282		district, and a new district has all the powers and duties of the
275	283		district.
276	284		Sec. 3972.0403. DIVISION PROCEDURES. (a) The board, on its
277	285		own motion or on receipt of a petition signed by an owner of real
278	286		property in the district, may adopt an order proposing to divide the
279	287		district.
280	288		(b) If the board decides to divide the district, the board
281	289		shall:
282	290		(1) set the terms of the division, including names for
283	291		the new districts and a plan for the payment or performance of any
284	292		outstanding district obligations;
285	293		(2) prepare a metes and bounds description for each
286	294		proposed district; and
287	295		(3) appoint four initial directors for each new
288	296		district.
289	297		(c) The governing body of the city shall appoint one
290	298		director for each new district.
291	299		Sec. 3972.0404. CONTRACT AUTHORITY OF NEW DISTRICTS. The
292	300		new districts may contract with each other for any matter the boards
293	301		of the new districts consider appropriate, including the joint
294	302		construction or financing of a utility improvement.
295	303		SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
296	304		Sec. 3972.0501. DISBURSEMENTS AND TRANSFERS OF MONEY. The
297	305		board by resolution shall establish the number of directors'
298	306		signatures and the procedure required for a disbursement or
299	307		transfer of district money.
300	308		Sec. 3972.0502. TAX AND ASSESSMENT ABATEMENTS. The
301	309		district may designate reinvestment zones and may grant abatements
302	310		of a tax or assessment imposed by the district on property in the
303	311		zones.
304	312		SUBCHAPTER F. TAXES AND BONDS
305	313		Sec. 3972.0601. BONDS AND OTHER OBLIGATIONS. (a) The
306	314		district may issue, by public or private sale, bonds, notes, or
307	315		other obligations payable wholly or partly from ad valorem taxes or
308	316		assessments in the manner provided by Chapter 375, Local Government
309	317		Code, or, if an improvement financed by an obligation issued under
310	318		this section will be conveyed to or operated and maintained by a
311	319		municipality or other retail utility provider pursuant to an
312	320		agreement with the district entered into before the issuance of the
313	321		obligation, in the manner provided by Subchapter A, Chapter 372,
314	322		Local Government Code.
315	323		(b) In exercising the district's borrowing power, the
316	324		district may issue a bond or other obligation in the form of a bond,
317	325		note, certificate of participation or other instrument evidencing a
318	326		proportionate interest in payments to be made by the district, or
319	327		other type of obligation.
320	328		(c) In addition to the sources of money described by
321	329		Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
322	330		Government Code, district bonds may be secured and made payable
323	331		wholly or partly by a pledge of any part of the money the district
324	332		receives from improvement revenue or from any other source.
325	333		Sec. 3972.0602. OPERATION AND MAINTENANCE TAX. If
326	334		authorized by a majority of the district voters voting at an
327	335		election held in accordance with Section 49.107, Water Code, the
328	336		district may impose an operation and maintenance tax on taxable
329	337		property in the district in the manner provided by that section for
330	338		any district purpose, including to:
331	339		(1) maintain and operate the district;
332	340		(2) construct or acquire improvements; or
333	341		(3) provide a service.
334	342		Sec. 3972.0603. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
335	343		the time bonds or other obligations payable wholly or partly from ad
336	344		valorem taxes are issued:
337	345		(1) the board shall impose a continuing direct annual
338	346		ad valorem tax for each year that all or part of the bonds are
339	347		outstanding; and
340	348		(2) the district annually shall impose an ad valorem
341	349		tax on all taxable property in the district in an amount sufficient
342	350		to:
343	351		(A) pay the interest on the bonds or other
344	352		obligations as the interest becomes due; and
345	353		(B) create a sinking fund for the payment of the
346	354		principal of the bonds or other obligations when due or the
347	355		redemption price at any earlier required redemption date.
348	356		SUBCHAPTER G. SPECIAL BOND PROVISIONS
349	357		Sec. 3972.0701. APPLICABILITY. This subchapter applies
350	358		only to bonds payable wholly or partly from revenue derived from
351	359		assessments on real property in the district.
352	360		Sec. 3972.0702. CONFLICT OF LAWS. In the event of a
353	361		conflict between this subchapter and any other law, this subchapter
354	362		prevails.
355	363		Sec. 3972.0703. WRITTEN AGREEMENT REGARDING SPECIAL
356	364		APPRAISALS. Before the district may issue bonds, the district and
357	365		any person to whom the board intends that proceeds of the bonds be
358	366		distributed, including the developer, another owner of land in the
359	367		district, and any entity acting as a lender to the developer or
360	368		other landowner for the purpose of a project relating to the
361	369		district, must enter into a written agreement that:
362	370		(1) waives for the term of the agreement the right to a
363	371		special appraisal with respect to taxation by the district under
364	372		Subchapters B, C, D, E, F, and H, Chapter 23, Tax Code; and
365	373		(2) remains in effect for 30 years and is binding on
366	374		the parties, on entities related to or affiliated with the parties,
367	375		and on their successors and assignees.
368	376		Sec. 3972.0704. REQUIREMENTS FOR ADVERTISING BOND ISSUE. A
369	377		district may not advertise for an issuance of bonds until the
370	378		completion of at least 25 percent of the projected value of the
371	379		improvements, including houses and other buildings, that are liable
372	380		for district assessments and necessary to support the district
373	381		bonds.
374	382		Sec. 3972.0705. REQUIREMENTS FOR BOND ISSUE. The district
375	383		may not issue bonds until:
376	384		(1) the district submits to the Texas Commission on
377	385		Environmental Quality:
378	386		(A) an engineer's report describing the project
379	387		for which the bonds will provide funding, including data, profiles,
380	388		maps, plans, and specifications related to the project; and
381	389		(B) a cash flow analysis to determine the
382	390		projected rate of assessment, which includes the following
383	391		assumptions:
384	392		(i) each ending balance for debt service in
385	393		the analysis is not less than 25 percent of the following year's
386	394		debt service requirement;
387	395		(ii) interest income is only shown on the
388	396		ending balance for debt service for the first two years; and
389	397		(iii) the projected rate of assessment is
390	398		level or decreasing for the life of the bonds issued by the
391	399		district;
392	400		(2) the completion of at least 75 percent of the
393	401		projected value of the improvements, including houses and other
394	402		buildings, that are liable for district assessments and necessary
395	403		to support the district bonds; and
396	404		(3) the district has obtained an independent market
397	405		study from a firm recognized in the area of real estate market
398	406		analysis supporting the development projects for the real property
399	407		that is liable for district assessments and necessary to support
400	408		the district bonds.
401	409		Sec. 3972.0706. REQUIREMENTS FOR COLLECTION OF REVENUE TO
402	410		PAY BONDS. The district may not collect an assessment to be used
403	411		for the payment of bonds until:
404	412		(1) the completion of at least 95 percent of the
405	413		underground water, wastewater, and drainage facilities financed
406	414		from bond proceeds that are necessary to serve the projected
407	415		build-out, as certified by the district's engineer;
408	416		(2) the district or other appropriate party has
409	417		secured the groundwater, surface water, and water discharge permits
410	418		that are necessary to secure capacity to support the projected
411	419		build-out;
412	420		(3) the completion of at least 95 percent of lift
413	421		station, water plant, and sewage treatment plant capacity
414	422		sufficient to serve the connections constructed in the project for
415	423		a period of not less than 18 months, as certified by the district's
416	424		engineer; and
417	425		(4) the completion of at least 95 percent of the
418	426		streets and roads that are necessary to provide access to the areas
419	427		served by utilities and financed by the proceeds of bonds issued by
420	428		the district, as certified by the district's engineer and
421	429		constructed in accordance with municipal or county standards.
422	430		SUBCHAPTER I. DISSOLUTION
423	431		Sec. 3972.0901. DISSOLUTION BY CITY. (a) The city may
424	432		dissolve the district in the manner provided by Section 375.263,
425	433		Local Government Code, only if the city also complies with any
426	434		dissolution procedures in the entitlement agreement described by
427	435		Section 3972.0109.
428	436		(b) In the case of a conflict between Section 375.263, Local
429	437		Government Code, and the entitlement agreement, the entitlement
430	438		agreement controls.
431	439		SECTION 2. The City of El Paso Municipal Management
432	440		District No. 1 initially includes all territory contained in the
433	441		following area:
434	442		3,643.3423 acres of land located in El Paso County, Texas, being
435	443		that certain 3,699.05 acres described as "Area 2" (650.600 acres),
436	444		"Area 3" (2,045.343 acres) and "Area 4" (1,003.107 acres), as
437	445		described below, LESS AND EXCEPT that certain 5.0000 acre tract,
438	446		and that certain 50.7077 acre tract, as described below.
439	447		METES AND BOUNDS - AREA 2
440	448		650.600 acres (28,340,145 square feet)
441	449		A Portion of Sections 11, 14 & 19, Block 81,
442	450		Township 1, Texas & Pacific Railroad Company Surveys City of El
443	451		Paso, El Paso County, Texas
444	452		BEING a portion of Sections 11, 14 & 19, Block 81,Township 1, Texas &
445	453		Pacific Railroad Company Surveys City of El Paso, El Paso County,
446	454		Texas, being a portion of a tract of land described in Deed to City
447	455		of El Paso, recorded in Volume 1176, Page 504 of the Deed Records of
448	456		El Paso County, Texas, being a portion of a tract of land described
449	457		in Deed to The City of El Paso, recorded in Volume 1186, Page 183,
450	458		Deed Records of El Paso County, Texas, being a portion of a tract of
451	459		land described in Deed to The City of El Paso, recorded in Volume
452	460		1272, Page 231 of the Deed Records of El Paso County, Texas and
453	461		being more particularly described by metes and bounds as follows:
454	462		BEGINNING at a 1/2-inch iron rod with plastic cap set for the
455	463		intersection of east right of-way line of Martin Luther King, Jr.
456	464		Boulevard (a 160-foot wide public right of way) and the north
457	465		right-of-way line of Loma Real Avenue (a public right-of-way), for
458	466		the southwest corner of said premises, from which a 1/2-inch iron
459	467		rod with plastic "TX 5337" cap found for the common corner of
460	468		Sections 89, 19, 22 & 23, Block 81, bears North 87°57'17" West, 92.85
461	469		feet;
462	470		THENCE North 02°08'51" East, with the east right-of-way line of
463	471		Martin Luther King, Jr. Boulevard, a distance of 860.05 feet to a
464	472		1/2-inch iron rod with plastic cap set for corner;
465	473		THENCE North 01°35'21" East, the east right-of-way line of Martin
466	474		Luther King, Jr. Boulevard, a distance of 4432.74 feet to a point
467	475		for corner;
468	476		THENCE North 01°35'21" East, the east right-of-way line of Martin
469	477		Luther King, Jr. Boulevard, a distance of 5424.52 feet to a point
470	478		for corner;
471	479		THENCE North 01°35'21" East, the east right-of-way line of Martin
472	480		Luther King, Jr. Boulevard, a distance of 725.66 feet to a point for
473	481		corner;
474	482		THENCE South 86°53'30" East, leaving the east right-of-way line of
475	483		Martin Luther King, Jr. Boulevard, a distance of 2528.30 feet to a
476	484		1/2-inch iron rod with plastic cap set for corner in the west line
477	485		of a tract of land described in Deed to El Paso Electric Company,
478	486		recorded in Volume 1338, Page 471 of the Real Property Records of El
479	487		Paso County, Texas;
480	488		THENCE South 02°04'19" West, with the west line of the El Paso
481	489		Electric Company tract, a distance of 6102.12 feet to a 1/2-inch
482	490		iron rod with plastic cap set for corner;
483	491		THENCE South 01°58'57" West, with the west line of the El Paso
484	492		Electric Company tract, a distance of 5293.60 feet to a 1/2-inch
485	493		iron rod with plastic cap set for corner in the north right-of-way
486	494		line of Loma Real Avenue;
487	495		THENCE North 87°57'17" West, with the north right-of-way line of
488	496		Loma Real Avenue, a distance of 2448.11 feet to the POINT OF
489	497		BEGINNING and containing 650.600 acres (28,340,145 square feet) of
490	498		land, more or less.
491	499		"This document was prepared under 22 TAC §663.21, does not reflect
492	500		the results of an on the ground survey, and is not to be used to
493	501		convey or establish interests in real property except those rights
494	502		and interests implied or established by the creation or
495	503		reconfiguration of the boundary of the political subdivision for
496	504		which it was prepared."
497	505		METES AND BOUNDS - AREA 3
498	506		2,045.343 acres (89,095,150 square feet)
499	507		A Portion of Sections 11, 12, 13, 14, 19, 20 & 21, Block 81, Township
500	508		1, Texas & Pacific Railroad Company Surveys City of El Paso, El Paso
501	509		County, Texas
502	510		BEING a portion of Sections 11, 12, 13, 14, 19, 20 &21,
503	511		Block81,Township 1, Texas & Pacific Railroad Company Surveys City
504	512		of El Paso, El Paso County, Texas, being a portion of a tract of land
505	513		described in Deed to City of El Paso, recorded in Volume 1176, Page
506	514		504 of the Deed Records of El Paso County, Texas, being a portion of
507	515		a tract of land described in Deed to The City of El Paso, recorded in
508	516		Volume 1186, Page 183, Deed Records of El Paso County, Texas, being
509	517		a portion of a tract of land described in Deed to The City of El
510	518		Paso, recorded in Volume 1272, Page 231 of the Deed Records of El
511	519		Paso County, Texas, being a portion of a tract of land described in
512	520		Deed to El Paso Water Utilities Board, recorded in Volume 1263, Page
513	521		146 of the Deed Records of El Paso County, Texas and being more
514	522		particularly described by metes and bounds as follows:
515	523		BEGINNING at a 1/2-inch iron rod with plastic cap set on the west
516	524		light-of-way line of Mccombs Street, dedicated to the State of
517	525		Texas by Deed recorded in Volume 1410, Page 576 of the Deed Records
518	526		of El Paso County, Texas (a 150-foot wide public right of-way) from
519	527		which a Concrete TxDot Monument with bronze cap found for the common
520	528		corner of Sections 20 & 21, Block 81 and Sections 19 & 30, Block 80,
521	529		bears South 87°58'34" East, 75.00 feet;
522	530		THENCE South 02°01'26" West, with the west right-of-way line of
523	531		Mccombs Street, a distance of 526.41 feet to a 1/2-inch iron rod
524	532		with plastic "TX 5337" cap found for corner in the north
525	533		right-of-way line of U.S. Highway 54 (a 400-foot wide public
526	534		right-of-way);
527	535		THENCE South 51°37'59" West, with the north right-of-way line of
528	536		U.S. Highway 54, a distance of 1124.39 feet to a 1/2-inch iron rod
529	537		with plastic "TX 5337" cap found for corner;
530	538		THENCE North 38°22'40" West, leaving the north right-of-way line of
531	539		U.S. Highway 54, a distance of 1647.88 feet to a 1/2-inch iron rod
532	540		with plastic "TX 5337" cap found for corner;
533	541		THENCE North 87°58'27" West, with the south line of said premises, a
534	542		distance of
535	543		3283.45 feet to a 1/2-inch iron rod with plastic "TX 5337" cap found
536	544		for corner;
537	545		THENCE North 87°57'17" West, with the south line of said premises, a
538	546		distance of 2539.39 feet to a 1/2-inch iron rod with plastic cap set
539	547		for comer in the east line of a tract of land described in Deed to El
540	548		Paso Electric Company, recorded in Volume 1338, Page 471 of the Real
541	549		Property Records of El Paso County, Texas;
542	550		THENCE North 01°58'57" East, with the east line of said El Paso
543	551		Electric Company tract, a distance of 5293.68 feet to a 1/2-inch
544	552		iron rod with plastic cap set for corner;
545	553		THENCE North 02°04'19" East, with the east line of said El Paso
546	554		Electric Company tract, a distance of 6098.32 feet to a 1/2-inch
547	555		iron rod with plastic cap set for corner;
548	556		THENCE South 86°53'15" East, leaving the east line of said El Paso
549	557		Electric Company tract, a distance of 7744.48 feet to a 1/2-inch
550	558		iron rod with plastic cap set for corner in the west right-of-way
551	559		line of Mccombs Street;
552	560		THENCE South 02°05"16" West, with the west right-of-way line of
553	561		Mccombs Street, a distance of 660.46 feet to a 1/2-inch iron rod
554	562		with plastic cap set for corner;
555	563		THENCE South 02°03'39" West, with the west right-of-way line of
556	564		Mccombs Street, a distance of 5288.97 feet to a 1/2-inch iron rod
557	565		with plastic cap set for corner;
558	566		THENCE South 01°56'52" West, a distance of 5296.37 feet to the POINT
559	567		OF BEGINNING and containing 2,045.343 acres (89,095,150 square
560	568		feet) of land, more or less.
561	569		"This document was prepared under 22 TAC §663.21, does not reflect
562	570		the results of an on the ground survey, and is not to be used to
563	571		convey or establish interests in real property except those rights
564	572		and interests implied or established by the creation or
565	573		reconfiguration of the boundary of the political subdivision for
566	574		which it was prepared."
567	575		METES AND BOUNDS - AREA 4
568	576		1003.107 acres (43,695,333 square feet)
569	577		A Portion of Sections 7, 17, 18, 19, 20 & 30, Block 80, Township 1,
570	578		Texas & Pacific Railroad Company Surveys City of El Paso, El Paso
571	579		County, Texas
572	580		BEING a tract of land situated in Sections 7, 17, 18, 19, 20 & 30,
573	581		Block 80, Township 1 of the Texas & Pacific Railroad Company Survey,
574	582		City of El Paso, El Paso County, Texas, being a portion of a tract of
575	583		land described in Deed to The City of El Paso, recorded in Volume
576	584		1186, Page 183 of the Deed Records of El Paso County, Texas, being a
577	585		portion of a tract of land described in Deed to El Paso Natural Gas
578	586		Company, recorded in Volume 307, Page 91 of the Deed Records of El
579	587		Paso County, Texas, being a portion of a tract of land described in
580	588		Deed to City of El Paso, recorded in Volume 1176, Page 504 of the
581	589		Deed Records of El Paso County, Texas, being a portion of a tract of
582	590		land described in Deed to The City of El Paso, recorded in Volume
583	591		1186, Page 178 of the Deed Records of El Paso County, being a
584	592		portion of a tract of land described in Deed to El Paso Water
585	593		Utilities Board, recorded in Volume 1616, Page 219 & Volume 1263,
586	594		Page 1476 of the Deed Records of El Paso County, Texas, being a
587	595		portion of a tract of land described and conveyed in Deed's to City
588	596		of El Paso, recorded in Volume 4614, Pages 353, 361, 369 & 377 of the
589	597		Deed Records of El Paso County, Texas and being more particularly
590	598		described by metes and bounds as follows;
591	599		BEGINNING at a 1/2-inch iron rod with plastic cap set for the
592	600		intersection of east right of-way line of Mccombs Street, dedicated
593	601		to the State of Texas by Deed recorded in Volume 1410, Page 576 of
594	602		the Deed Records of El Paso County, Texas (a 150-foot wide public
595	603		right-of-way) and the north right-of-way line of U.S. Highway 54 (a
596	604		400-foot wide public right-of-way) for the southwest corner of the
597	605		subject property;
598	606		THENCE North 02°01'26" East, with the east right-of-way line of
599	607		Mccombs Street, a distance of 510.01 feet to a 1/2-inch iron rod
600	608		with plastic cap set for corner, from which a Concrete TxDot
601	609		Monument with bronze cap found for the common corner of Sections 30 &
602	610		19, Block 80 and Sections 20 & 21, Block 81, bears North 86°57'30"
603	611		West, 75.01 feet;
604	612		THENCE North 01°56'52" East, with the east right-of-way line of
605	613		Mccombs Street, a distance of 5296.22 feet to a 1/2-inch iron rod
606	614		with plastic 'TX 5337" cap found for corner;
607	615		THENCE North 02°03'39" East, with the east right-of-way line of
608	616		Mccombs Street, a distance of 5288.02 feet to a 1/2-inch iron rod
609	617		with plastic cap set for corner;
610	618		THENCE North 02°05'16" East, with the east right-of-way line of
611	619		Mccombs Street, a distance of 539.84 feet to a 1/2-inch iron rod
612	620		with plastic "TX 5337" cap found for the intersection of the south
613	621		right-of-way line of Stan Roberts Sr. Drive (a 120-foot wide public
614	622		right-of-way) and the east right-of-way line of Mccombs Street;
615	623		THENCE South 86°53'15" East, with the south right-of-way line of
616	624		Stan Roberts Sr. Drive, a distance of 789.26 feet to a 1/2-inch iron
617	625		rod with plastic "TX 5337" cap found for comer;
618	626		THENCE leaving the south right-of-way line of Stan Roberts Sr.
619	627		Drive, the following courses and distances to wit:
620	628		South 33°39'07" East, a distance of 1441.10 feet to a 1/2-inch
621	629		iron rod with plastic "TX 5337" cap found for comer;
622	630		South 02°22'35" West, a distance of 1516.17 feet to a 1/2-inch
623	631		iron rod with
624	632		plastic "TX 5337" cap found for corner;
625	633		South 87°35'40" East, a distance of 2115.02 feet to a 1/2-inch
626	634		iron rod with plastic "TX 5337" cap found for corner;
627	635		South 65°17'57" East, a distance of 1547.56 feet to a 1/2-inch
628	636		iron rod with plastic "TX 5337" cap found for corner;
629	637		South 45°19'14" East, a distance of 25.54 feet to a 1/2-inch
630	638		iron rod with
631	639		plastic "TX 5337" cap found for corner;
632	640		South 45°17'44" East, a distance of 1720.06 feet to a 1/2-inch
633	641		iron rod with plastic "TX 5337" cap found for corner;
634	642		South 45°19'14" East, a distance of 71.58 feet to a 1/2-inch
635	643		iron rod with plastic "TX 5337" cap found for corner;
636	644		--South 45°12'25" East, a distance of 1315.09 feet to a
637	645		1/2-inch iron rod with
638	646		plastic "TX 5337" cap found for corner in the north
639	647		right-of-way line of U.S. Highway 54;
640	648		THENCE with the north right-of-way line of U.S. Highway 54, the
641	649		following courses and distances to wit:
642	650		South 51°37'39" West, a distance of 233.27 feet to a 1/2-inch
643	651		iron rod with plastic "TX 5337" cap found for corner;
644	652		South 51°37'59" West, a distance of 1314.86 feet to a 1/2-inch
645	653		iron rod with plastic "TX 5337" cap found for corner;
646	654		North 83°22'01" West, a distance of 48.08 feet to a 1/2-inch
647	655		iron rod with plastic "TX 5337" cap found for corner;
648	656		South 51°37'59" West, a distance of 120.00 feet to a 1/2-inch
649	657		iron rod with plastic "TX 5337" cap found for corner;
650	658		South 06°37'59" West, a distance of 48.08 feet to a 1/2-inch
651	659		iron rod with plastic "TX 5337" cap found for corner;
652	660		South 51°37'59" West, a distance of 7897.13 feet to a 1/2-inch
653	661		iron rod with plastic "TX 5337" cap found for corner;
654	662		North 63°11'30" West, a distance of 108.92 feet to a 1/2-inch
655	663		iron rod with plastic "TX 5337" cap found for corner;
656	664		North 88°03'02" West, a distance of 25.46 feet to the POINT OF
657	665		BEGINNING
658	666		and containing 1003.107 acres (43,695,333 square feet) of
659	667		land, more or less.
660	668		"This document was prepared under 22 TAC §663.21, does not reflect
661	669		the results of an on the ground survey, and is not to be used to
662	670		convey or establish interests in real property except those rights
663	671		and interests implied or established by the creation or
664	672		reconfiguration of the boundary of the political subdivision for
665	673		which it was prepared."
666	674		LESS AND EXCEPT the following three (3) tracts of land:
667	675		Tract 1:
668	676		A 5.0000 acre parcel situate within the corporate limits of the City
669	677		of El Paso, El Paso County, Texas as a portion of the west half of
670	678		Section 14, Block 81, Township 1, Texas and Pacific Railway Company
671	679		Surveys and being more particularly described by metes and bounds
672	680		as follows:
673	681		COMMENCING for reference at a two inch iron pipe in concrete found
674	682		for the corner common to Sections 11, 12, 13 and 14, Block 81,
675	683		Township 1, Texas and Pacific Railway Company Surveys; WHENCE, a
676	684		1/2 inch rebar with survey cap No. "TX 5337" found for the corner
677	685		common to Sections 13, 14, 19 and 20, Block 81, Township 1, Texas
678	686		and Pacific Railway Company Surveys bears South 02°04'30" West, a
679	687		distance of 5,358.25 feet; THENCE, leaving the corner common to
680	688		said Sections 11, 12, 13 and 14, South 45°08'53" West, a distance of
681	689		4,011.69 feet to a 1/2 inch rebar with survey cap No. "TX 5337" set
682	690		on the west boundary line of a 200 feet wide El Paso Electric
683	691		Company right-of-way for the POINT OF BEGINNING of the parcel
684	692		herein described;
685	693		THENCE, following the west boundary line of said 200 feet wide El
686	694		Paso Electric Company right-of-way, South 02°04'30" West, a
687	695		distance of 450.00 feet to a 1/2 inch rebar with survey cap No. "TX
688	696		5337" set for the southeast corner of the parcel herein described;
689	697		THENCE, leaving the west boundary line of said 200 feet wide El Paso
690	698		Electric Company right-of-way, North 87°55'30" West, a distance of
691	699		484.00 feet to a 1/2 inch rebar with survey cap No. "TX 5337" set
692	700		for the southwest corner of the parcel herein described;
693	701		THENCE, North 02°04'30" East, a distance of 450.00 feet to a 1/2 inch
694	702		rebar with survey cap No. "TX 5337" set for the northwest corner of
695	703		the parcel herein described;
696	704		THENCE, South 87°55'30" East, a distance of 484.00 feet to the POINT
697	705		OF BEGINNING;
698	706		Said parcel containing 5.0000 acres (217,800.0 square feet), more
699	707		or less, and being subject to all easements of record.
700	708		Tract 2:
701	709		A 50.7077 acre parcel situate within the corporate limits of the
702	710		City of El Paso, El Paso County, Texas, as a portion of Section 19,
703	711		Block 81, Township 1, Texas & Pacific Railway Company Surveys and
704	712		being more particularly described by metes and bounds as follows:
705	713		COMMENCING for reference at a 5/8 inch diameter rebar with an
706	714		aluminum cap set for the corner common to Sections 19, 20, 21 and
707	715		22, Block 81, Township 1, Texas & Pacific Railway Company Surveys;
708	716		WHENCE, a 1/2 inch rebar found for the corner common to Sections 18,
709	717		19, 22 and 23, Block 81, Township 1, Texas & Pacific Railway Company
710	718		Surveys, bears North 87°57'12" West, a distance of 5,280.47 feet;
711	719		and WHENCE, a 1/2 inch rebar found for the corner common to Sections
712	720		13, 14, 19 and 20, Block 81, Township 1, Texas & Pacific Railway
713	721		Company Surveys, bears North 01°59'00" East, a distance of 5,294.24
714	722		feet; THENCE, following the section line common to said Sections 19
715	723		and 20, North 01°59'00" East, a distance of 288.04 feet; THENCE,
716	724		leaving the section line common to said Sections 19 and 20, North
717	725		88°01'00" West, a distance of 38.00 feet to a 1/2 inch rebar with
718	726		survey cap No. "TX 5337" set for the POINT OF BEGINNING and the
719	727		southeast corner of the parcel herein described;
720	728		THENCE, North 87°57'12" West, a distance of 1,640.00 feet to a 1/2
721	729		inch rebar with survey cap No. "TX 5337" set for the southwest
722	730		corner of the parcel herein described;
723	731		THENCE, North 01°59'00" East, a distance of 1,345.94 feet to a 1/2
724	732		inch rebar with survey cap No. "TX 5337" set for the northwest
725	733		corner of the parcel herein described;
726	734		THENCE, South 88°01'00" East, a distance of 1,640.00 feet to a 1/2
727	735		inch rebar with survey cap No. "TX 5337" set for the northeast
728	736		corner of the parcel herein described;
729	737		THENCE, South 01°59'00" West, a distance of 1,347.75 feet the to the
730	738		true POINT OF BEGINNING;
731	739		Said parcel contains 50.7077 acres (2,208,826.1 square
732	740		feet), more or less, and being subject to all easements of record.
733	741		SECTION 3. (a) The legal notice of the intention to
734	742		introduce this Act, setting forth the general substance of this
735	743		Act, has been published as provided by law, and the notice and a
736	744		copy of this Act have been furnished to all persons, agencies,
737	745		officials, or entities to which they are required to be furnished
738	746		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
739	747		Government Code.
740	748		(b) The governor, one of the required recipients, has
741	749		submitted the notice and Act to the Texas Commission on
742	750		Environmental Quality.
743	751		(c) The Texas Commission on Environmental Quality has filed
744	752		its recommendations relating to this Act with the governor,
745	753		lieutenant governor, and speaker of the house of representatives
746	754		within the required time.
747	755		(d) All requirements of the constitution and laws of this
748	756		state and the rules and procedures of the legislature with respect
749	757		to the notice, introduction, and passage of this Act have been
750	758		fulfilled and accomplished.
751	759		SECTION 4. This Act takes effect January 1, 2020.
752		-	______________________________ ______________________________
753		-	President of the Senate Speaker of the House
754		-	I certify that H.B. No. 4730 was passed by the House on May 3,
755		-	2019, by the following vote: Yeas 131, Nays 9, 2 present, not
756		-	voting; and that the House concurred in Senate amendments to H.B.
757		-	No. 4730 on May 24, 2019, by the following vote: Yeas 108, Nays 30,
758		-	2 present, not voting.
759		-	______________________________
760		-	Chief Clerk of the House
761		-	I certify that H.B. No. 4730 was passed by the Senate, with
762		-	amendments, on May 21, 2019, by the following vote: Yeas 28, Nays
763		-	3.
764		-	______________________________
765		-	Secretary of the Senate
766		-	APPROVED: __________________
767		-	Date
768		-	__________________
769		-	Governor
	760	+	* * * * *