Texas 2019 - 86th Regular

Texas House Bill HB4765 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4765
	1	+	By: Huberty (Senate Sponsor - Bettencourt) H.B. No. 4765
	2	+	(In the Senate - Received from the House May 19, 2019;
	3	+	May 19, 2019, read first time and referred to Committee on
	4	+	Administration; May 21, 2019, reported favorably by the following
	5	+	vote: Yeas 5, Nays 0; May 21, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the creation of the Harris County Improvement District
6	12		No. 27; granting a limited power of eminent domain; providing
7	13		authority to issue bonds; providing authority to impose
8	14		assessments, fees, and taxes.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	16		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	17		Code, is amended by adding Chapter 7887 to read as follows:
12	18		CHAPTER 7887. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 27
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 7887.0101. DEFINITIONS. In this chapter:
15	21		(1) "Board" means the district's board of directors.
16	22		(2) "Commission" means the Texas Commission on
17	23		Environmental Quality.
18	24		(3) "Director" means a board member.
19	25		(4) "District" means the Harris County Improvement
20	26		District No. 27.
21	27		Sec. 7887.0102. NATURE OF DISTRICT. The district is a
22	28		municipal utility district created under Section 59, Article XVI,
23	29		Texas Constitution.
24	30		Sec. 7887.0103. CONFIRMATION AND DIRECTOR ELECTION
25	31		REQUIRED. The temporary directors shall hold an election to
26	32		confirm the creation of the district and to elect five permanent
27	33		directors as provided by Section 49.102, Water Code.
28	34		Sec. 7887.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	35		temporary directors may not hold an election under Section
30	36		7887.0103 until each municipality in whose corporate limits or
31	37		extraterritorial jurisdiction the district is located has
32	38		consented by ordinance or resolution to the creation of the
33	39		district and to the inclusion of land in the district.
34	40		Sec. 7887.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	41		(a) The district is created to serve a public purpose and benefit.
36	42		(b) The district is created to accomplish the purposes of:
37	43		(1) a municipal utility district as provided by
38	44		general law and Section 59, Article XVI, Texas Constitution; and
39	45		(2) Section 52, Article III, Texas Constitution, that
40	46		relate to the construction, acquisition, improvement, operation,
41	47		or maintenance of macadamized, graveled, or paved roads, or
42	48		improvements, including storm drainage, in aid of those roads.
43	49		Sec. 7887.0106. INITIAL DISTRICT TERRITORY. (a) The
44	50		district is initially composed of the territory described by
45	51		Section 2 of the Act enacting this chapter.
46	52		(b) The boundaries and field notes contained in Section 2 of
47	53		the Act enacting this chapter form a closure. A mistake made in the
48	54		field notes or in copying the field notes in the legislative process
49	55		does not affect the district's:
50	56		(1) organization, existence, or validity;
51	57		(2) right to issue any type of bond for the purposes
52	58		for which the district is created or to pay the principal of and
53	59		interest on a bond;
54	60		(3) right to impose a tax; or
55	61		(4) legality or operation.
56	62		SUBCHAPTER B. BOARD OF DIRECTORS
57	63		Sec. 7887.0201. GOVERNING BODY; TERMS. (a) The district is
58	64		governed by a board of five elected directors.
59	65		(b) Except as provided by Section 7887.0202, directors
60	66		serve staggered four-year terms.
61	67		Sec. 7887.0202. TEMPORARY DIRECTORS. (a) On or after the
62	68		effective date of the Act enacting this chapter, the owner or owners
63	69		of a majority of the assessed value of the real property in the
64	70		district may submit a petition to the commission requesting that
65	71		the commission appoint as temporary directors the five persons
66	72		named in the petition. The commission shall appoint as temporary
67	73		directors the five persons named in the petition.
68	74		(b) Temporary directors serve until the earlier of:
69	75		(1) the date permanent directors are elected under
70	76		Section 7887.0103; or
71	77		(2) the fourth anniversary of the effective date of
72	78		the Act enacting this chapter.
73	79		(c) If permanent directors have not been elected under
74	80		Section 7887.0103 and the terms of the temporary directors have
75	81		expired, successor temporary directors shall be appointed or
76	82		reappointed as provided by Subsection (d) to serve terms that
77	83		expire on the earlier of:
78	84		(1) the date permanent directors are elected under
79	85		Section 7887.0103; or
80	86		(2) the fourth anniversary of the date of the
81	87		appointment or reappointment.
82	88		(d) If Subsection (c) applies, the owner or owners of a
83	89		majority of the assessed value of the real property in the district
84	90		may submit a petition to the commission requesting that the
85	91		commission appoint as successor temporary directors the five
86	92		persons named in the petition. The commission shall appoint as
87	93		successor temporary directors the five persons named in the
88	94		petition.
89	95		SUBCHAPTER C. POWERS AND DUTIES
90	96		Sec. 7887.0301. GENERAL POWERS AND DUTIES. The district
91	97		has the powers and duties necessary to accomplish the purposes for
92	98		which the district is created.
93	99		Sec. 7887.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94	100		DUTIES. The district has the powers and duties provided by the
95	101		general law of this state, including Chapters 49 and 54, Water Code,
96	102		applicable to municipal utility districts created under Section 59,
97	103		Article XVI, Texas Constitution.
98	104		Sec. 7887.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
99	105		52, Article III, Texas Constitution, the district may design,
100	106		acquire, construct, finance, issue bonds for, improve, operate,
101	107		maintain, and convey to this state, a county, or a municipality for
102	108		operation and maintenance macadamized, graveled, or paved roads, or
103	109		improvements, including storm drainage, in aid of those roads.
104	110		Sec. 7887.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	111		road project must meet all applicable construction standards,
106	112		zoning and subdivision requirements, and regulations of each
107	113		municipality in whose corporate limits or extraterritorial
108	114		jurisdiction the road project is located.
109	115		(b) If a road project is not located in the corporate limits
110	116		or extraterritorial jurisdiction of a municipality, the road
111	117		project must meet all applicable construction standards,
112	118		subdivision requirements, and regulations of each county in which
113	119		the road project is located.
114	120		(c) If the state will maintain and operate the road, the
115	121		Texas Transportation Commission must approve the plans and
116	122		specifications of the road project.
117	123		Sec. 7887.0305. COMPLIANCE WITH MUNICIPAL CONSENT
118	124		ORDINANCE OR RESOLUTION. The district shall comply with all
119	125		applicable requirements of any ordinance or resolution that is
120	126		adopted under Section 54.016 or 54.0165, Water Code, and that
121	127		consents to the creation of the district or to the inclusion of land
122	128		in the district.
123	129		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
124	130		Sec. 7887.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
125	131		The district may issue, without an election, bonds and other
126	132		obligations secured by:
127	133		(1) revenue other than ad valorem taxes; or
128	134		(2) contract payments described by Section 7887.0403.
129	135		(b) The district must hold an election in the manner
130	136		provided by Chapters 49 and 54, Water Code, to obtain voter approval
131	137		before the district may impose an ad valorem tax or issue bonds
132	138		payable from ad valorem taxes.
133	139		(c) The district may not issue bonds payable from ad valorem
134	140		taxes to finance a road project unless the issuance is approved by a
135	141		vote of a two-thirds majority of the district voters voting at an
136	142		election held for that purpose.
137	143		Sec. 7887.0402. OPERATION AND MAINTENANCE TAX. (a) If
138	144		authorized at an election held under Section 7887.0401, the
139	145		district may impose an operation and maintenance tax on taxable
140	146		property in the district in accordance with Section 49.107, Water
141	147		Code.
142	148		(b) The board shall determine the tax rate. The rate may not
143	149		exceed the rate approved at the election.
144	150		Sec. 7887.0403. CONTRACT TAXES. (a) In accordance with
145	151		Section 49.108, Water Code, the district may impose a tax other than
146	152		an operation and maintenance tax and use the revenue derived from
147	153		the tax to make payments under a contract after the provisions of
148	154		the contract have been approved by a majority of the district voters
149	155		voting at an election held for that purpose.
150	156		(b) A contract approved by the district voters may contain a
151	157		provision stating that the contract may be modified or amended by
152	158		the board without further voter approval.
153	159		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
154	160		Sec. 7887.0501. AUTHORITY TO ISSUE BONDS AND OTHER
155	161		OBLIGATIONS. The district may issue bonds or other obligations
156	162		payable wholly or partly from ad valorem taxes, impact fees,
157	163		revenue, contract payments, grants, or other district money, or any
158	164		combination of those sources, to pay for any authorized district
159	165		purpose.
160	166		Sec. 7887.0502. TAXES FOR BONDS. At the time the district
161	167		issues bonds payable wholly or partly from ad valorem taxes, the
162	168		board shall provide for the annual imposition of a continuing
163	169		direct ad valorem tax, without limit as to rate or amount, while all
164	170		or part of the bonds are outstanding as required and in the manner
165	171		provided by Sections 54.601 and 54.602, Water Code.
166	172		Sec. 7887.0503. BONDS FOR ROAD PROJECTS. At the time of
167	173		issuance, the total principal amount of bonds or other obligations
168	174		issued or incurred to finance road projects and payable from ad
169	175		valorem taxes may not exceed one-fourth of the assessed value of the
170	176		real property in the district.
171	177		SECTION 2. The Harris County Improvement District No. 27
172	178		initially includes all the territory contained in the following
173	179		area:
174	180		LEGAL DESCRIPTION
175	181		TRACT ONE: Fieldnotes for 28.8778 acres of land out of the Amos
176	182		Barber Survey, Abstract No. 125 in Harris County, Texas, being out
177	183		of and a part of that certain 28.2586 acre tract of land conveyed to
178	184		Craig Nelson, Trustee, as described in deed recorded under County
179	185		Clerk's File No. T275175 of the Real Property Records of Harris
180	186		County, and all of that certain 16.2039 acre tract of land conveyed
181	187		to Northwood North Venture, L.P ., and described as "Tract II" in
182	188		deed recorded under County Clerk's File No. T951125 of the said
183	189		Real Property Records, said 28.8778 acres of land being more
184	190		particularly described by metes and bounds as follows:
185	191		COMMENCING at a 1 1/4 inch steel pipe at the base of a 30 inch
186	192		Cypress tree found in the West line of the said Amos Barber Survey,
187	193		marking the Northeast corner of the Richard B. West Survey.
188	194		Abstract No. 860, and the Southeast corner of the H.T. & B.R.R.
189	195		Survey, Abstract No. 385, said point also being the Southeast
190	196		corner of the residue of that certain 69.3518 acre tract of land
191	197		conveyed to Westfield Properties, Inc., as described in deed
192	198		recorded under County Clerk's File No. M751039 of the said Real
193	199		Property Records, said point also being in the West line of that
194	200		certain 4.0000 acre tract of land conveyed to Ricardo F de
195	201		Ibarlucea, et al, as described in deed recorded under County
196	202		Clerk's File No. M383506 of the said Real Property Records;
197	203		Thence, North 33° 19' 42" West, 469.82 feet with the East line of the
198	204		said 69.3518 acre tract and the said H.T. & B.R.R. Survey, and with
199	205		the West line of the said 4.000 acre tract and the said Amos Barber
200	206		Survey, and generally along a barbed wire fence line to a 5/8 inch
201	207		steel rod found marking the Southwest corner and PLACE OF BEGINNING
202	208		for the herein described tract of land, said point being the most
203	209		Southerly or Southwest corner of the said 28.2586 acre tract, said
204	210		point also being the Northwest corner of the said 4.0000 acre tract;
205	211		Thence, continuing with the East line of the said 69.3518 acre tract
206	212		and the said H.T.& B.R.R. Survey. And with the common West line of
207	213		the said 28.2586 acre tract and the said Amos Barber Survey, and
208	214		generally along a barbed wire fence line. North 33° 19' 42" West,
209	215		971.92 feet to a 5/8 inch steel rod with cap set for the most
210	216		Westerly or Northwest corner of the herein described tract, said
211	217		point being the most Southerly or Southwest corner of that certain
212	218		14.3 acre tract of land conveyed to Aldine Independent School
213	219		District, as described in deed recorded under Clerk's File
214	220		No. 20060195978 of Real Records;
215	221		Thence, North 57° 58' 17" East, 771.54 Feet with the Southeast line
216	222		of the said 14.3 acre tract to a 3/8 inch steel rod found at an angle
217	223		point for the herein described tract, said point being the most
218	224		Easterly or Southeast corner of the said 14.3 acre tract and the
219	225		Northwest corner of the said 16.2039 acre tract, Northwood North
220	226		Venture, L.P., as described in deed recorded under County Clerk's
221	227		File No. 20060015817 of the said Real Property Records;
222	228		Thence, North 79° 11' 19" East, 599.93 feet with the South line of
223	229		the said 0.8253 acre tract and the North line of the said 16.2039
224	230		acre tract to a 3/8 inch steel rod found in the West line of Rayford
225	231		Road, based on an 80 foot right-of-way-, marking the Northeast
226	232		corner of the said 16.2039 acre tract and the herein described
227	233		tract, said the Southeast corner of the said 0.8253 acre tract, said
228	234		point also being in a non-tangent curve to the right having a radius
229	235		of 20000.00 feet and a central angle of 00° 56' 33";
230	236		Thence, in a Southerly direction, with the West line of said Rayford
231	237		Road and the East line of the said 16.2039 acre tract, and with the
232	238		said curve to the right having a radius of 2000.00 feet (chord
233	239		bearing South 11°18' 59" East, 32.90 feet an arc distance of 32.90
234	240		feet to a 5/8 inch steel rod set at a point of tangency;
235	241		Thence, continuing with the West line of said Rayford Road and the
236	242		East line of the said 16.2039 acre tract, South 10° 50' 43" East,
237	243		428.57 feet to a 5/8 inch steel rod set at a point of curve to the
238	244		right having a radius of I 120.00 feet and a central angle of 50°39'
239	245		42";
240	246		Thence, continuing with the West line of said Rayford Road and the
241	247		East line of the said 16.2039 acre tract, and with the said curve to
242	248		the right having a radius of 1120.00 feet (chord bearing South 14°
243	249		29 '08" West, 958.37 feet), an arc distance of 990.32 feet to a 5/8
244	250		inch steel rod set at a point of tangency;
245	251		Thence, continuing with the Northwesterly line of said Rayford Road
246	252		and the Southeasterly line of the said 16.2039 acre tract, South 39°
247	253		48' 59" West, 125.77 feet to a 5/8 inch steel rod set at a point of
248	254		curve to the left having a radius of 1180.00 feet and a central
249	255		angle of 5°45' 53";
250	256		Thence, continuing with the Northwesterly line of said Rayford Road
251	257		and the Southeasterly line of the said 16.2039 acre tract, and with
252	258		the said curve to the left having a radius of 1180.00 feet (chord
253	259		bearing South 36° 56' 02" West, 118.67 feet), an arc distance of
254	260		118.72 feet to a 5/8 inch steel rod set for the most Southerly
255	261		corner of the said 16.2039 acre tract and the herein described
256	262		tract. said point also the Southeast corner of the aforesaid
257	263		Ricardo F. de Ibarlucea, 4.0000 acre tract;
258	264		Thence, North 11° 50' 34" West, 453.44 feet with the East line of the
259	265		said 4.0000 acre tract and the West line of the said 16.2039 acre
260	266		tract to a 5/8 inch steel rod found at an interior ell corner of the
261	267		herein described tract, said point also being the Northeast corner
262	268		of the said 4.0000 acre tract and the Southeast corner of the
263	269		aforesaid 28.2586 acre tract;
264	270		Thence, South 56°40' 34" West, 373.21 feet with the North line of the
265	271		said 4.0000 acre tract and the South line of the said 28.2586 acre
266	272		tract to the PLACE OF BEGINNING and containing 28.8778 acres or
267	273		1.257.915 square feet of land, more or less.
268	274		TRACT TWO: Fieldnotes for 0.1782 acre of land out of the Amos Barber
269	275		Survey, Abstract No. 125 and the Richard B. West Survey, Abstract
270	276		No. 860 in Harris County, Texas, being out of and a part of that
271	277		certain 0.65 acre tract of land described in instrument recorded in
272	278		Volume 3118, Page 422 of the Deed Records of Harris County, and
273	279		being that same 0.1782 acre tract of land conveyed to Northwood
274	280		North Venture, L.P., and described as "Tract III" in deed recorded
275	281		under County Clerk's File No. T951125 of the Real Property Records
276	282		of Harris County, said 0.1782 acre of land being more particularly
277	283		described by metes and bounds as follows:
278	284		COMMENCING at a 5/8 inch steel rod found in the called North line of
279	285		the Amos Barber Survey marking the Northwest corner of Forest
280	286		Shadows Subdivision, Section I, the map or plat of same being
281	287		recorded in Volume 58, Page 54 of the Map Records of Harris County,
282	288		said point also being the Northeast corner of that certain 83.156
283	289		acre tract of land described in instrument recorded in Volume 7263,
284	290		Page 325 of the said Deed Records, and that certain 20.000 acre
285	291		tract of land conveyed to the Aldine Independent School District
286	292		and described as "Tract 2" in deed recorded under County Clerk's
287	293		File No. D456846 of the said Real Property Records;
288	294		Thence, South 32°05'03" East with the West line of Forest Shadows
289	295		Subdivision, Sections 1, 2 and 3 and with the East line of the said
290	296		83.156 acre tract and the said 20.000 acre tract, at 1501.54 feet
291	297		passing a 5/8 inch steel rod set at the Northeast corner of that
292	298		certain (called) 27.2585 acre tract of land conveyed to Northwood
293	299		North Venture. L.P., and described as 'Tract I" in deed recorded
294	300		under County Clerk's File No. T951125 of the said Real Property
295	301		Records, said point also being the Southeast corner of the said
296	302		20.000 acre tract, and continuing with the West line of said Forest
297	303		Shadows Subdivision, Section 3, the map or plat of same being
298	304		recorded in Volume 153, Page 123 of the said Map Records, the West
299	305		line of Forest Shadows, Section 4, the map or plat of same being
300	306		recorded in Volume 174, Page 115 of the said Map Records, and the
301	307		East line of the said called 27.2585 acre tract in all, a total
302	308		distance of 2327.58 feet to a 5/8 inch steel rod set for the
303	309		Southeast corner of the said called 27 .2585 acre tract, said point
304	310		also being the Northeast corner of that certain 7.549 acre tract of
305	311		land conveyed to the Harris County Flood Control District, as
306	312		described in deed recorded under County Clerk's File No. J175685 of
307	313		the said Real Property Records;
308	314		Thence, South 57° 26' 45" West 603.75 with the South line of the said
309	315		called 27.2585 acre tract and with the North line of said 7.549 acre
310	316		tract to a 5/8 inch steel rod set at an angle point;
311	317		Thence, continuing with the South line of the said called 27.2585
312	318		acre tract and the North of the said 7.549 acre tract, South 66° 43'
313	319		00" West, 900.00 feet to a 5/8 inch steel rod set at a point of cure
314	320		to the left having a radius of 695.00 feet and a central angle of 37°
315	321		32' 04";
316	322		Thence continuing with Southerly line of said called 27.2585 acre
317	323		tract and the Northerly line of said 7.549 acre tract and with the
318	324		said curve to the left having a radius of 695.000 feet (chord
319	325		bearing South 47° 56' 58" West, 447.20 feet), an arc distance of
320	326		455.29 feet to a 5/8 inch steel rod set for the Southwest corner of
321	327		the said called 27.2585 acre tract, and an point of the said 7.549
322	328		acre tract;
323	329		Thence, South 12° 28' 19" East, 46.20 feet with a Westerly line of
324	330		the said 7.549 acre tract to an ell corner, said point also being
325	331		the most Northerly corner of the aforesaid 0.65 acre tract;
326	332		Thence, South 55° 47' 26" West. 54.87 feet with the Northwesterly
327	333		line of the said 0.65 acre tract and the Westerly line of the said
328	334		7.549 acre tract to a 5/8 inch steel rod set for the most Northerly
329	335		corner and PLACE OF BEGINNING for the herein described tract of
330	336		land, said point also being an angle point in the Westerly line of
331	337		the said 7.549 acre tract, said point also being in a non-tangent
332	338		curve to the left having a radius of 695.00 feet and a central angle
333	339		of 10° 41 '35";
334	340		Thence, in a Southwesterly direction with the Westerly line of the
335	341		said 7.549 acre tract and with the said curve to the left having a
336	342		radius of 695.00 feet (chord bearing South 17° 11' 02" West, 129.52
337	343		feet), an arc distance of 129.71 feet to a 5/8 inch steel rod set at
338	344		a point of tangency;
339	345		Thence, continuing with the Westerly line of the said 7.549 acre
340	346		tract, South 11° 50' 14" West, 32.84 feet to a 5/8 inch steel rod set
341	347		in the North line of FM. Highway No. 1960, based on a 170 foot
342	348		right-of-way, for the Southeast corner of the herein described
343	349		tract, said point also being the Southwest corner of the said 7.549
344	350		acre tract;
345	351		Thence, North 78° 09' 14" West, 63.90 feet with the North line of
346	352		said FM. Highway No. 1960 to a 5/8 inch steel rod set at its
347	353		intersection with the East line of Rayford Road, based on an 80 foot
348	354		right-of-way, for the Southwest corner of the herein described
349	355		tract, said point also being in a non-tangent curve to the right
350	356		having a radius of 1100.00 feet and a central angle of 04° 31' 15";
351	357		Thence, in a Northeasterly direction with the East line of said
352	358		Rayford Road and the said curve to the right having a radius of
353	359		1100.00 feet (chord bearing North 14° 11' 49" East, 86.77 feet), an
354	360		arc distance of 86.79 feet to a 5/8 inch steel rod set in the North
355	361		line of the aforesaid 0.65 acre tract for the Northwest corner of
356	362		the herein described tract;
357	363		Thence, North 55° 47' 26" East, 104.31 feet with the North line of
358	364		the said 0.65 acre tract to the PLACE OF BEGINNING and containing
359	365		0.1782 acre or 7,764 square feet of land, more or less.
360	366		TRACT THREE: Fieldnotes for 27.2273 acres of land out the Amos
361	367		Barber Survey Abstract No. 125 in Harris County, Texas, being out
362	368		of and part of the certain 83.156 acre tract of land described in
363	369		instrument recorded in Volume 7263, Page 325 of the Deed Records of
364	370		Harris County, and being the same (called) 27.2585 acre tract of
365	371		land conveyed to Northwood North Venture, L.P., and described as
366	372		"Tract I" in deed recorded under County Clerk's No.. T951125 of the
367	373		Real Property Records of Harris County, said 27.2273 acres
368	374		described by metes and bounds as follows:
369	375		COMMENCING in a point in the called North line of the Amos Barber
370	376		Survey at the Northwest corner of Forest Shadows Subdivision,
371	377		Section I, the map or plat of same being recorded in Volume58, Page
372	378		54 of the Map Records of Harris County, said point also the
373	379		Northeast corner of the said 83.156 acre tract and that certain
374	380		20.000 acre tract of land conveyed to the Aldine Independent School
375	381		District and described as "Tract 2" in deed recorded under Clerk's
376	382		File No. D456846 of the said Real Property Records;
377	383		Thence, South 32° 05 03" East (called South 32° 08' 41" East in
378	384		vesting deed), 1501.54 feet with the West line of Forest Shadows
379	385		Subdivision, Sections 1, 2 and 3 and with the East line of the said
380	386		83.156 acre tract and the said 20.000 acre tract to a 5/8 inch steel
381	387		rod set for the Northeast corner and PLACE OF BEGINNING for the
382	388		herein described tract of land, said point being the Southeast
383	389		corner of the said 20.000 acre tract, said point also being in the
384	390		West line of said Forest Shadows Subdivision, Section 3, the map or
385	391		plat of same recorded in Volume 153, Page 123 of the said Map
386	392		Records;
387	393		Thence continuing with the West line of the said Forest Shadows
388	394		Subdivision, Section 3, and the East line of the said 83.156 acre
389	395		tract, South 32° 05' 03" East, at 260 feet passing the Southwest
390	396		corner of said Section 3 and the Northwest corner of Forest Shadows,
391	397		Section 4, the map or plat of same being recorded in Volume 174,
392	398		Page 115 of the said Map Records, and continuing with the West line
393	399		of said Section 4 in all, a total distance of 826.04 feet to a 5/8
394	400		inch steel rod set for the Southeast corner of the herein described
395	401		tract, said point also being the Northeast corner of that certain
396	402		7.549 acre tract of land conveyed to the Harris Flood Control
397	403		District, as described in deed recorded under Clerk's File
398	404		No. J175685 of the said Real Records;
399	405		Thence, South 57° 26' 45" West, 603.75 feet with the North line of
400	406		the said 7,549 acre tract to a 5/8 inch steel rod set as an angle
401	407		point;
402	408		Thence, continuing with the North line of the said 7.549 acre tract,
403	409		South 66° 43' 00" West, 900.00 feet (called South 67° 21' 27" West in
404	410		7.549 acre deed) to a 5/8 inch steel rod set at a point of curve to
405	411		the left having a radius of 695.00 feet and a central angle of 37°
406	412		32' 04";
407	413		Thence, continuing Northwesterly line of the said 7.549 acre tract
408	414		and with the said curve to the left having a radius of 695.00 feet
409	415		and central angle of 47° 56' 58" West, 447.20 feet), an arc distance
410	416		of 455.29 feet to a 5/8 inch steel rod set or the Southwest corner of
411	417		the herein described tract;
412	418		Thence, North 11° 50' 34" West, 103.53 feet to a 5/8 inch steel rod
413	419		set in the Southeasterly line of Rayford Road, based on an 80 foot
414	420		right-of-way, said point being in a non-tangent curve to the right
415	421		having a radius of 1100.00 feet and a central angle of 9° 57' 21";
416	422		Thence, in a Northeasterly direction with the Southeasterly line of
417	423		said Rayford Road and with the said curve to the having a radius of
418	424		1100.00 feet (chord bearing North 34° 50' 18" East, 190.90 feet), an
419	425		arc distance of 191.14 feet to a 5/8 inch steel rod set at a point of
420	426		tangency;
421	427		Thence, continuing with the Southeasterly line of said Rayford
422	428		Road, North 39°48' 59" East, 125.77 feet to a 5/8 inch steel rod set
423	429		at a point of curve to the left having a radius of 1200.00 feet and a
424	430		central angle of 50° 39'42";
425	431		Thence, continuing with the Southeasterly line of said Rayford Road
426	432		and with the said curve to the left having a radius of 1200.00 feet
427	433		(chord bearing North 14° 29' 08" East, 1026.83 feet), an arc
428	434		distance of 1061.06 feet to a 5/8 inch steel rod set at a point of
429	435		tangency;
430	436		Thence, continuing with an Easterly line of said Rayford Road,
431	437		North 10°50'43" West, 174.19 to a 5/8 inch steel rod set for the
432	438		Northwest corner of the herein described tract, said point also
433	439		being the Southwest corner of the aforesaid Aldine Independence
434	440		School District 20.000 acre tract;
435	441		Thence, North 79°09'40" East. 851.68 feet with the South line of the
436	442		said 20.000 acre tract to the PLACE OF BEGINNING and containing
437	443		27.2273 acres or 1,186,023 square feet of land, more or less.
438	444		SECTION 3. (a) The legal notice of the intention to
439	445		introduce this Act, setting forth the general substance of this
440	446		Act, has been published as provided by law, and the notice and a
441	447		copy of this Act have been furnished to all persons, agencies,
442	448		officials, or entities to which they are required to be furnished
443	449		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
444	450		Government Code.
445	451		(b) The governor, one of the required recipients, has
446	452		submitted the notice and Act to the Texas Commission on
447	453		Environmental Quality.
448	454		(c) The Texas Commission on Environmental Quality has filed
449	455		its recommendations relating to this Act with the governor, the
450	456		lieutenant governor, and the speaker of the house of
451	457		representatives within the required time.
452	458		(d) All requirements of the constitution and laws of this
453	459		state and the rules and procedures of the legislature with respect
454	460		to the notice, introduction, and passage of this Act are fulfilled
455	461		and accomplished.
456	462		SECTION 4. (a) If this Act does not receive a two-thirds
457	463		vote of all the members elected to each house, Subchapter C, Chapter
458	464		7887, Special District Local Laws Code, as added by Section 1 of
459	465		this Act, is amended by adding Section 7887.0306 to read as follows:
460	466		Sec. 7887.0306. NO EMINENT DOMAIN POWER. The district may
461	467		not exercise the power of eminent domain.
462	468		(b) This section is not intended to be an expression of a
463	469		legislative interpretation of the requirements of Section 17(c),
464	470		Article I, Texas Constitution.
465	471		SECTION 5. This Act takes effect immediately if it receives
466	472		a vote of two-thirds of all the members elected to each house, as
467	473		provided by Section 39, Article III, Texas Constitution. If this
468	474		Act does not receive the vote necessary for immediate effect, this
469	475		Act takes effect September 1, 2019.
470		-	______________________________ ______________________________
471		-	President of the Senate Speaker of the House
472		-	I certify that H.B. No. 4765 was passed by the House on May
473		-	17, 2019, by the following vote: Yeas 125, Nays 22, 2 present, not
474		-	voting.
475		-	______________________________
476		-	Chief Clerk of the House
477		-	I certify that H.B. No. 4765 was passed by the Senate on May
478		-	22, 2019, by the following vote: Yeas 31, Nays 0.
479		-	______________________________
480		-	Secretary of the Senate
481		-	APPROVED: _____________________
482		-	Date
483		-	_____________________
484		-	Governor
	476	+	* * * * *