Texas 2019 - 86th Regular

Texas Senate Bill SB2461 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R9975 JCG-F
1	2		By: Creighton S.B. No. 2461
2		-	(In the Senate - Filed March 26, 2019; March 27, 2019, read
3		-	first time and referred to Committee on Intergovernmental
4		-	Relations; April 23, 2019, reported favorably by the following
5		-	vote: Yeas 6, Nays 0; April 23, 2019, sent to printer.)
6		-	Click here to see the committee vote
7	3
8	4
9	5		A BILL TO BE ENTITLED
10	6		AN ACT
11	7		relating to the creation of the Montgomery County Management
12	8		District No. 1; providing authority to issue bonds; providing
13	9		authority to impose assessments, fees, and taxes.
14	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	11		SECTION 1. Subtitle C, Title 4, Special District Local Laws
16	12		Code, is amended by adding Chapter 3979 to read as follows:
17	13		CHAPTER 3979. MONTGOMERY COUNTY MANAGEMENT DISTRICT NO. 1
18	14		SUBCHAPTER A. GENERAL PROVISIONS
19	15		Sec. 3979.0101. DEFINITIONS. In this chapter:
20	16		(1) "Board" means the district's board of directors.
21	17		(2) "Commission" means the Texas Commission on
22	18		Environmental Quality.
23	19		(3) "County" means Montgomery County.
24	20		(4) "Director" means a board member.
25	21		(5) "District" means the Montgomery County Management
26	22		District No. 1.
27	23		Sec. 3979.0102. CREATION AND NATURE OF DISTRICT; IMMUNITY.
28	24		(a) The district is a special district created under Section 59,
29	25		Article XVI, Texas Constitution.
30	26		(b) The district is a governmental unit, as provided by
31	27		Section 375.004, Local Government Code.
32	28		(c) This chapter does not waive any governmental or
33	29		sovereign immunity from suit, liability, or judgment that would
34	30		otherwise apply to the district.
35	31		Sec. 3979.0103. PURPOSE; DECLARATION OF INTENT. (a) The
36	32		creation of the district is essential to accomplish the purposes of
37	33		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
38	34		Texas Constitution, and other public purposes stated in this
39	35		chapter.
40	36		(b) By creating the district, the legislature has
41	37		established a program to accomplish the public purposes set out in
42	38		Sections 52 and 52-a, Article III, Texas Constitution.
43	39		(c) The creation of the district is necessary to promote,
44	40		develop, encourage, and maintain employment, commerce,
45	41		transportation, housing, tourism, recreation, the arts,
46	42		entertainment, economic development, safety, and the public
47	43		welfare in the district.
48	44		(d) This chapter and the creation of the district may not be
49	45		interpreted to relieve the county or a municipality from providing
50	46		the level of services provided as of the effective date of the Act
51	47		enacting this chapter to the area in the district. The district is
52	48		created to supplement and not to supplant county or municipal
53	49		services provided in the district.
54	50		Sec. 3979.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
55	51		(a) All land and other property included in the district will
56	52		benefit from the improvements and services to be provided by the
57	53		district under powers conferred by Sections 52 and 52-a, Article
58	54		III, and Section 59, Article XVI, Texas Constitution, and other
59	55		powers granted under this chapter.
60	56		(b) The district is created to serve a public use and
61	57		benefit.
62	58		(c) The creation of the district is in the public interest
63	59		and is essential to further the public purposes of:
64	60		(1) developing and diversifying the economy of the
65	61		state;
66	62		(2) eliminating unemployment and underemployment; and
67	63		(3) developing or expanding transportation and
68	64		commerce.
69	65		(d) The district will:
70	66		(1) promote the health, safety, and general welfare of
71	67		residents, employers, potential employees, employees, visitors,
72	68		and consumers in the district, and of the public;
73	69		(2) provide needed funding for the district to
74	70		preserve, maintain, and enhance the economic health and vitality of
75	71		the district territory as a community and business center;
76	72		(3) promote the health, safety, welfare, and enjoyment
77	73		of the public by providing pedestrian ways, road facilities,
78	74		transit facilities, parking facilities, recreational facilities,
79	75		and public art objects and by landscaping and developing certain
80	76		areas in the district, which are necessary for the restoration,
81	77		preservation, and enhancement of scenic beauty; and
82	78		(4) provide for water, wastewater, and drainage
83	79		facilities for the district.
84	80		(e) Pedestrian ways along or across a street, whether at
85	81		grade or above or below the surface, and street lighting, street
86	82		landscaping, parking, and street art objects are parts of and
87	83		necessary components of a street and are considered to be a street
88	84		or road improvement.
89	85		(f) The district will not act as the agent or
90	86		instrumentality of any private interest even though the district
91	87		will benefit many private interests as well as the public.
92	88		Sec. 3979.0105. INITIAL DISTRICT TERRITORY. (a) The
93	89		district is initially composed of the territory described by
94	90		Section 2 of the Act enacting this chapter.
95	91		(b) The boundaries and field notes contained in Section 2 of
96	92		the Act enacting this chapter form a closure. A mistake in the
97	93		field notes or in copying the field notes in the legislative process
98	94		does not affect the district's:
99	95		(1) organization, existence, or validity;
100	96		(2) right to issue any type of bonds for the purposes
101	97		for which the district is created or to pay the principal of and
102	98		interest on the bonds;
103	99		(3) right to impose or collect an assessment or tax; or
104	100		(4) legality or operation.
105	101		Sec. 3979.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
106	102		All or any part of the area of the district is eligible to be
107	103		included in:
108	104		(1) a tax increment reinvestment zone created under
109	105		Chapter 311, Tax Code;
110	106		(2) a tax abatement reinvestment zone created under
111	107		Chapter 312, Tax Code;
112	108		(3) an enterprise zone created under Chapter 2303,
113	109		Government Code; or
114	110		(4) an industrial district created under Chapter 42,
115	111		Local Government Code.
116	112		Sec. 3979.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
117	113		DISTRICTS LAW. Except as otherwise provided by this chapter,
118	114		Chapter 375, Local Government Code, applies to the district.
119	115		Sec. 3979.0108. LIBERAL CONSTRUCTION OF CHAPTER. This
120	116		chapter shall be liberally construed in conformity with the
121	117		findings and purposes stated in this chapter.
122	118		Sec. 3979.0109. CONFLICTS OF LAW. This chapter prevails
123	119		over any provision of general law, including a provision of Chapter
124	120		375, Local Government Code, or Chapter 49, Water Code, that is in
125	121		conflict or inconsistent with this chapter.
126	122		SUBCHAPTER B. BOARD OF DIRECTORS
127		-	Sec. 3979.0201. GOVERNING BODY; TERMS. (a) The district
128		-	is governed by a board of five directors elected or appointed as
	123	+	Sec. 3979.0201. GOVERNING BODY; TERMS. (a) The district is
	124	+	governed by a board of five directors elected or appointed as
129	125		provided by this chapter and Subchapter D, Chapter 49, Water Code.
130	126		(b) Except as provided by Section 3979.0203, directors
131	127		serve staggered four-year terms.
132	128		Sec. 3979.0202. COMPENSATION. A director is entitled to
133	129		receive fees of office and reimbursement for actual expenses as
134	130		provided by Section 49.060, Water Code. Sections 375.069 and
135	131		375.070, Local Government Code, do not apply to the board.
136	132		Sec. 3979.0203. TEMPORARY DIRECTORS. (a) On or after the
137	133		effective date of the Act enacting this chapter, the owner or owners
138	134		of a majority of the assessed value of the real property in the
139	135		district according to the most recent certified tax appraisal roll
140	136		for the county may submit a petition to the commission requesting
141	137		that the commission appoint as temporary directors the five persons
142	138		named in the petition. The commission shall appoint as temporary
143	139		directors the five persons named in the petition.
144	140		(b) The temporary directors shall hold an election to elect
145	141		five permanent directors as provided by Section 49.102, Water Code.
146	142		(c) Temporary directors serve until the earlier of:
147	143		(1) the date permanent directors are elected under
148	144		Subsection (b); or
149	145		(2) the fourth anniversary of the effective date of
150	146		the Act enacting this chapter.
151	147		(d) If permanent directors have not been elected under
152	148		Subsection (b) and the terms of the temporary directors have
153	149		expired, successor temporary directors shall be appointed or
154	150		reappointed as provided by Subsection (e) to serve terms that
155	151		expire on the earlier of:
156	152		(1) the date permanent directors are elected under
157	153		Subsection (b); or
158	154		(2) the fourth anniversary of the date of the
159	155		appointment or reappointment.
160	156		(e) If Subsection (d) applies, the owner or owners of a
161	157		majority of the assessed value of the real property in the district
162	158		according to the most recent certified tax appraisal roll for the
163	159		county may submit a petition to the commission requesting that the
164	160		commission appoint as successor temporary directors the five
165	161		persons named in the petition. The commission shall appoint as
166	162		successor temporary directors the five persons named in the
167	163		petition.
168	164		Sec. 3979.0204. DISQUALIFICATION OF DIRECTORS. Section
169	165		49.052, Water Code, applies to the members of the board.
170	166		SUBCHAPTER C. POWERS AND DUTIES
171	167		Sec. 3979.0301. GENERAL POWERS AND DUTIES. The district
172	168		has the powers and duties necessary to accomplish the purposes for
173	169		which the district is created.
174		-	Sec. 3979.0302. IMPROVEMENT PROJECTS AND SERVICES.
175		-	~~(a)~~ The district, using any money available to the district for
176		-	~~the~~ purpose, may provide, design, construct, acquire, improve,
	170	+	Sec. 3979.0302. IMPROVEMENT PROJECTS AND SERVICES. (a)
	171	+	The district, using any money available to the district for the
	172	+	purpose, may provide, design, construct, acquire, improve,
177	173		relocate, operate, maintain, or finance an improvement project or
178	174		service authorized under this chapter or Chapter 375, Local
179	175		Government Code.
180	176		(b) The district may contract with a governmental or private
181	177		entity to carry out an action under Subsection (a).
182	178		(c) The implementation of a district project or service is a
183	179		governmental function or service for the purposes of Chapter 791,
184	180		Government Code.
185	181		Sec. 3979.0303. RECREATIONAL FACILITIES. The district may
186	182		develop or finance recreational facilities as authorized by Chapter
187	183		375, Local Government Code, Sections 52 and 52-a, Article III,
188	184		Texas Constitution, Section 59, Article XVI, Texas Constitution,
189	185		and any other law that applies to the district.
190	186		Sec. 3979.0304. AUTHORITY FOR ROAD PROJECTS. Under Section
191	187		52, Article III, Texas Constitution, the district may own, operate,
192	188		maintain, design, acquire, construct, finance, issue bonds, notes,
193	189		or other obligations for, improve, and convey to this state, a
194	190		county, or a municipality for ownership, operation, and maintenance
195	191		macadamized, graveled, or paved roads or improvements, including
196	192		storm drainage, in aid of those roads.
197	193		Sec. 3979.0305. CONVEYANCE AND APPROVAL OF ROAD PROJECT.
198	194		(a) The district may convey a road project authorized by Section
199	195		3979.0304 to:
200	196		(1) a municipality or county that will operate and
201	197		maintain the road if the municipality or county has approved the
202	198		plans and specifications of the road project; or
203	199		(2) the state if the state will operate and maintain
204	200		the road and the Texas Transportation Commission has approved the
205	201		plans and specifications of the road project.
206	202		(b) Except as provided by Subsection (c), the district shall
207	203		operate and maintain a road project authorized by Section 3979.0304
208	204		that the district implements and does not convey to a municipality,
209	205		a county, or this state under Subsection (a).
210	206		(c) The district may agree in writing with a municipality, a
211	207		county, or this state to assign operation and maintenance duties to
212	208		the district, the municipality, the county, or this state in a
213	209		manner other than the manner described in Subsections (a) and (b).
214	210		Sec. 3979.0306. NONPROFIT CORPORATION. (a) The board by
215	211		resolution may authorize the creation of a nonprofit corporation to
216	212		assist and act for the district in implementing a project or
217	213		providing a service authorized by this chapter.
218	214		(b) The nonprofit corporation:
219	215		(1) has each power of and is considered to be a local
220	216		government corporation created under Subchapter D, Chapter 431,
221	217		Transportation Code; and
222	218		(2) may implement any project and provide any service
223	219		authorized by this chapter.
224	220		(c) The board shall appoint the board of directors of the
225	221		nonprofit corporation. The board of directors of the nonprofit
226	222		corporation shall serve in the same manner as the board of directors
227	223		of a local government corporation created under Subchapter D,
228	224		Chapter 431, Transportation Code, except that a board member is not
229	225		required to reside in the district.
230	226		Sec. 3979.0307. LAW ENFORCEMENT SERVICES. Section 49.216,
231	227		Water Code, applies to the district.
232	228		Sec. 3979.0308. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
233	229		The district may join and pay dues to a charitable or nonprofit
234	230		organization that performs a service or provides an activity
235	231		consistent with the furtherance of a district purpose.
236	232		Sec. 3979.0309. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
237	233		district may engage in activities that accomplish the economic
238	234		development purposes of the district.
239	235		(b) The district may establish and provide for the
240	236		administration of one or more programs to promote state or local
241	237		economic development and to stimulate business and commercial
242	238		activity in the district, including programs to:
243	239		(1) make loans and grants of public money; and
244	240		(2) provide district personnel and services.
245	241		(c) The district may create economic development programs
246	242		and exercise the economic development powers that:
247	243		(1) Chapter 380, Local Government Code, provides to a
248	244		municipality; and
249	245		(2) Subchapter A, Chapter 1509, Government Code,
250	246		provides to a municipality.
251	247		Sec. 3979.0310. STRATEGIC PARTNERSHIP AGREEMENT. The
252	248		district may negotiate and enter into a written strategic
253	249		partnership agreement with a municipality under Section 43.0751,
254	250		Local Government Code.
255	251		Sec. 3979.0311. REGIONAL PARTICIPATION AGREEMENT. The
256	252		district may negotiate and enter into a written regional
257	253		participation agreement with a municipality under Section 43.0754,
258	254		Local Government Code.
259	255		Sec. 3979.0312. PARKING FACILITIES. (a) The district may
260	256		acquire, lease as lessor or lessee, construct, develop, own,
261	257		operate, and maintain parking facilities or a system of parking
262	258		facilities, including lots, garages, parking terminals, or other
263	259		structures or accommodations for parking motor vehicles off the
264	260		streets and related appurtenances.
265	261		(b) The district's parking facilities serve the public
266	262		purposes of the district and are owned, used, and held for a public
267	263		purpose even if leased or operated by a private entity for a term of
268	264		years.
269	265		(c) The district's parking facilities are parts of and
270	266		necessary components of a street and are considered to be a street
271	267		or road improvement.
272	268		(d) The development and operation of the district's parking
273	269		facilities may be considered an economic development program.
274		-	Sec. 3979.0313. ADDING OR EXCLUDING LAND. (a) The
275		-	district may add land as provided by Subchapter J, Chapter 49, Water
276		-	Code.
	270	+	Sec. 3979.0313. ADDING OR EXCLUDING LAND. (a) The district
	271	+	may add land as provided by Subchapter J, Chapter 49, Water Code.
277	272		(b) The district may exclude land as provided by Subchapter
278	273		J, Chapter 49, Water Code. Section 375.044(b), Local Government
279	274		Code, does not apply to the district.
280	275		(c) The district may include and exclude land as provided by
281	276		Sections 54.739-54.747, Water Code. A reference in those sections
282	277		to a "tax" means an ad valorem tax for the purposes of this
283	278		subsection.
284	279		(d) If the district adopts a sales and use tax authorized at
285	280		an election held under Section 3979.0602 and subsequently includes
286	281		new territory in the district under this section, the district:
287	282		(1) is not required to hold another election to
288	283		approve the imposition of the sales and use tax in the included
289	284		territory; and
290	285		(2) shall impose the sales and use tax in the included
291	286		territory as provided by Chapter 321, Tax Code.
292	287		(e) If the district adopts a sales and use tax authorized at
293	288		an election held under Section 3979.0602 and subsequently excludes
294	289		territory in the district under this section, the sales and use tax
295	290		is inapplicable to the excluded territory, as provided by Chapter
296	291		321, Tax Code, but is applicable to the territory remaining in the
297	292		district.
298	293		Sec. 3979.0314. DISBURSEMENTS AND TRANSFERS OF MONEY. The
299	294		board by resolution shall establish the number of directors'
300	295		signatures and the procedure required for a disbursement or
301	296		transfer of district money.
302	297		Sec. 3979.0315. AUDIT EXEMPTION. (a) The district may
303	298		elect to complete an annual financial report in lieu of an annual
304	299		audit under Section 375.096(a)(6), Local Government Code, if:
305	300		(1) the district had no bonds or other long-term (more
306	301		than one year) liabilities outstanding during the fiscal period;
307	302		(2) the district did not have gross receipts from
308	303		operations, loans, taxes, assessments, or contributions in excess
309	304		of $250,000 during the fiscal period; and
310	305		(3) the district's cash and temporary investments were
311	306		not in excess of $250,000 during the fiscal period.
312	307		(b) Each annual financial report prepared in accordance
313	308		with this section must be open to public inspection and accompanied
314	309		by an affidavit signed by a duly authorized representative of the
315	310		district attesting to the accuracy and authenticity of the
316	311		financial report.
317	312		(c) The annual financial report and affidavit shall be
318	313		substantially similar in form to the annual financial report and
319	314		affidavit forms prescribed by the executive director of the
320	315		commission under Section 49.198, Water Code.
321	316		Sec. 3979.0316. NO EMINENT DOMAIN POWER. The district may
322	317		not exercise the power of eminent domain.
323	318		SUBCHAPTER D. ASSESSMENTS
324	319		Sec. 3979.0401. PETITION REQUIRED FOR FINANCING SERVICES
325		-	AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance
326		-	a service or improvement project with assessments under this
327		-	~~chapter~~ unless a written petition requesting that service or
328		-	~~improvement~~ has been filed with the board.
	320	+	AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
	321	+	service or improvement project with assessments under this chapter
	322	+	unless a written petition requesting that service or improvement
	323	+	has been filed with the board.
329	324		(b) A petition filed under Subsection (a) must be signed by
330	325		the owners of a majority of the assessed value of real property in
331	326		the district subject to assessment according to the most recent
332	327		certified tax appraisal roll for the county.
333	328		Sec. 3979.0402. METHOD OF NOTICE FOR HEARING. The district
334	329		may mail the notice required by Section 375.115(c), Local
335	330		Government Code, by certified or first class United States mail.
336	331		The board shall determine the method of notice.
337		-	Sec. 3979.0403. ASSESSMENTS; LIENS FOR ASSESSMENTS.
338		-	~~(a)~~ The board by resolution may impose and collect an assessment
339		-	~~for any~~ purpose authorized by this chapter in all or any part of the
	332	+	Sec. 3979.0403. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
	333	+	The board by resolution may impose and collect an assessment for any
	334	+	purpose authorized by this chapter in all or any part of the
340	335		district.
341	336		(b) An assessment, a reassessment, or an assessment
342	337		resulting from an addition to or correction of the assessment roll
343	338		by the district, penalties and interest on an assessment or
344	339		reassessment, an expense of collection, and reasonable attorney's
345	340		fees incurred by the district:
346	341		(1) are a first and prior lien against the property
347	342		assessed;
348	343		(2) are superior to any other lien or claim other than
349	344		a lien or claim for county, school district, or municipal ad valorem
350	345		taxes; and
351	346		(3) are the personal liability of and a charge against
352	347		the owners of the property even if the owners are not named in the
353	348		assessment proceedings.
354	349		(c) The lien is effective from the date of the board's
355	350		resolution imposing the assessment until the date the assessment is
356	351		paid. The board may enforce the lien in the same manner that the
357	352		board may enforce an ad valorem tax lien against real property.
358	353		(d) The board may make a correction to or deletion from the
359	354		assessment roll that does not increase the amount of assessment of
360	355		any parcel of land without providing notice and holding a hearing in
361	356		the manner required for additional assessments.
362	357		SUBCHAPTER E. TAXES AND BONDS
363	358		Sec. 3979.0501. TAX ELECTION REQUIRED. The district must
364	359		hold an election in the manner provided by Chapter 49, Water Code,
365	360		or, if applicable, Chapter 375, Local Government Code, to obtain
366	361		voter approval before the district may impose an ad valorem tax.
367	362		Sec. 3979.0502. OPERATION AND MAINTENANCE TAX. (a) If
368	363		authorized by a majority of the district voters voting at an
369	364		election under Section 3979.0501, the district may impose an
370	365		operation and maintenance tax on taxable property in the district
371	366		in the manner provided by Section 49.107, Water Code, for any
372	367		district purpose, including to:
373	368		(1) maintain and operate the district;
374	369		(2) construct or acquire improvements; or
375	370		(3) provide a service.
376	371		(b) The board shall determine the operation and maintenance
377	372		tax rate. The rate may not exceed the rate approved at the
378	373		election.
379	374		(c) Section 49.107(h), Water Code, does not apply to the
380	375		district.
381	376		Sec. 3979.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
382	377		BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
383	378		terms determined by the board.
384	379		(b) The district, by competitive bid or negotiated sale, may
385	380		issue bonds, notes, or other obligations payable wholly or partly
386	381		from ad valorem taxes, assessments, impact fees, revenue, contract
387	382		payments, grants, or other district money, or any combination of
388	383		those sources of money, to pay for any authorized district purpose.
389	384		(c) The limitation on the outstanding principal amount of
390	385		bonds, notes, or other obligations provided by Section 49.4645,
391	386		Water Code, does not apply to the district.
392	387		Sec. 3979.0504. BONDS SECURED BY REVENUE OR CONTRACT
393	388		PAYMENTS. The district may issue, without an election, bonds
394	389		secured by:
395	390		(1) revenue other than ad valorem taxes, including
396	391		contract revenues; or
397	392		(2) contract payments, provided that the requirements
398	393		of Section 49.108, Water Code, have been met.
399	394		Sec. 3979.0505. BONDS SECURED BY AD VALOREM TAXES;
400	395		ELECTIONS. (a) If authorized at an election under Section
401	396		3979.0501, the district may issue bonds payable from ad valorem
402	397		taxes.
403	398		(b) Section 375.243, Local Government Code, does not apply
404	399		to the district.
405	400		(c) At the time the district issues bonds payable wholly or
406	401		partly from ad valorem taxes, the board shall provide for the annual
407	402		imposition of a continuing direct annual ad valorem tax, without
408	403		limit as to rate or amount, for each year that all or part of the
409	404		bonds are outstanding as required and in the manner provided by
410	405		Sections 54.601 and 54.602, Water Code.
411	406		(d) All or any part of any facilities or improvements that
412	407		may be acquired by a district by the issuance of its bonds may be
413	408		submitted as a single proposition or as several propositions to be
414	409		voted on at the election.
415	410		Sec. 3979.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
416	411		board may not issue bonds until each municipality in whose
417	412		corporate limits or extraterritorial jurisdiction the district is
418	413		located has consented by ordinance or resolution to the creation of
419	414		the district and to the inclusion of land in the district.
420	415		(b) This section applies only to the district's first
421	416		issuance of bonds payable from ad valorem taxes.
422	417		SUBCHAPTER F. SALES AND USE TAX
423	418		Sec. 3979.0601. APPLICABILITY OF CERTAIN TAX CODE
424	419		PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition,
425	420		computation, administration, enforcement, and collection of the
426	421		sales and use tax authorized by this subchapter except to the extent
427	422		Chapter 321, Tax Code, is inconsistent with this chapter.
428	423		(b) A reference in Chapter 321, Tax Code, to a municipality
429	424		or the governing body of a municipality is a reference to the
430	425		district or the board, respectively.
431	426		Sec. 3979.0602. ELECTION; ADOPTION OF TAX. (a) The
432	427		district may adopt a sales and use tax if authorized by a majority
433	428		of the voters of the district voting at an election held for that
434	429		purpose.
435	430		(b) The board by order may call an election to authorize the
436	431		adoption of the sales and use tax. The election may be held on any
437	432		uniform election date and in conjunction with any other district
438	433		election.
439	434		(c) The ballot shall be printed to provide for voting for or
440	435		against the proposition: "Authorization of a sales and use tax in
441	436		the Montgomery County Management District No. 1 at a rate not to
442	437		exceed ____ percent" (insert rate of one or more increments of
443	438		one-eighth of one percent).
444		-	Sec. 3979.0603. SALES AND USE TAX RATE. (a) On or after
445		-	~~the~~ date the results are declared of an election held under Section
	439	+	Sec. 3979.0603. SALES AND USE TAX RATE. (a) On or after the
	440	+	date the results are declared of an election held under Section
446	441		3979.0602, at which the voters approved imposition of the tax
447	442		authorized by this subchapter, the board shall determine and adopt
448	443		by resolution or order the initial rate of the tax, which must be in
449	444		one or more increments of one-eighth of one percent.
450	445		(b) After the election held under Section 3979.0602, the
451	446		board may increase or decrease the rate of the tax by one or more
452	447		increments of one-eighth of one percent.
453	448		(c) The initial rate of the tax or any rate resulting from
454	449		subsequent increases or decreases may not exceed the lesser of:
455	450		(1) the maximum rate authorized by the district voters
456	451		at the election held under Section 3979.0602; or
457	452		(2) a rate that, when added to the rates of all sales
458	453		and use taxes imposed by other political subdivisions with
459	454		territory in the district, would result in the maximum combined
460	455		rate prescribed by Section 321.101(f), Tax Code, at any location in
461	456		the district.
462	457		Sec. 3979.0604. TAX AFTER MUNICIPAL ANNEXATION. (a) This
463	458		section applies to the district after a municipality annexes part
464	459		of the territory in the district and imposes the municipality's
465	460		sales and use tax in the annexed territory.
466	461		(b) If at the time of annexation the district has
467	462		outstanding debt or other obligations payable wholly or partly from
468	463		district sales and use tax revenue, Section 321.102(g), Tax Code,
469	464		applies to the district.
470	465		(c) If at the time of annexation the district does not have
471	466		outstanding debt or other obligations payable wholly or partly from
472	467		district sales and use tax revenue, the district may:
473	468		(1) exclude the annexed territory from the district,
474	469		if the district has no outstanding debt or other obligations
475	470		payable from any source; or
476	471		(2) reduce the sales and use tax in the annexed
477	472		territory by resolution or order of the board to a rate that, when
478	473		added to the sales and use tax rate imposed by the municipality in
479	474		the annexed territory, is equal to the sales and use tax rate
480	475		imposed by the district in the district territory that was not
481	476		annexed by the municipality.
482	477		Sec. 3979.0605. NOTIFICATION OF RATE CHANGE. The board
483	478		shall notify the comptroller of any changes made to the tax rate
484	479		under this subchapter in the same manner the municipal secretary
485	480		provides notice to the comptroller under Section 321.405(b), Tax
486	481		Code.
487	482		Sec. 3979.0606. USE OF REVENUE. Revenue from the sales and
488	483		use tax imposed under this subchapter is for the use and benefit of
489	484		the district and may be used for any district purpose. The district
490	485		may pledge all or part of the revenue to the payment of bonds,
491	486		notes, or other obligations, and that pledge of revenue may be in
492	487		combination with other revenue, including tax revenue, available to
493	488		the district.
494	489		Sec. 3979.0607. ABOLITION OF TAX. (a) Except as provided
495	490		by Subsection (b), the board may abolish the tax imposed under this
496	491		subchapter without an election.
497	492		(b) The board may not abolish the tax imposed under this
498	493		subchapter if the district has outstanding debt secured by the tax,
499	494		and repayment of the debt would be impaired by the abolition of the
500	495		tax.
501	496		(c) If the board abolishes the tax, the board shall notify
502	497		the comptroller of that action in the same manner the municipal
503	498		secretary provides notice to the comptroller under Section
504	499		321.405(b), Tax Code.
505	500		(d) If the board abolishes the tax or decreases the tax rate
506	501		to zero, a new election to authorize a sales and use tax must be held
507	502		under Section 3979.0602 before the district may subsequently impose
508	503		the tax.
509	504		(e) This section does not apply to a decrease in the sales
510	505		and use tax authorized under Section 3979.0604(c)(2).
511	506		SUBCHAPTER G. HOTEL OCCUPANCY TAX
512	507		Sec. 3979.0701. DEFINITION. In this subchapter, "hotel"
513	508		has the meaning assigned by Section 156.001, Tax Code.
514	509		Sec. 3979.0702. APPLICABILITY OF CERTAIN TAX CODE
515	510		PROVISIONS. (a) For purposes of this subchapter:
516	511		(1) a reference in Subchapter A, Chapter 352, Tax
517	512		Code, to a county is a reference to the district; and
518	513		(2) a reference in Subchapter A, Chapter 352, Tax
519	514		Code, to the commissioners court is a reference to the board.
520	515		(b) Except as inconsistent with this subchapter, Subchapter
521	516		A, Chapter 352, Tax Code, governs a hotel occupancy tax authorized
522	517		by this subchapter, including the collection of the tax, subject to
523	518		the limitations prescribed by Sections 352.002(b) and (c), Tax
524	519		Code.
525	520		Sec. 3979.0703. TAX AUTHORIZED; USE OF REVENUE. The
526	521		district may impose a hotel occupancy tax for any purpose described
527	522		by Section 351.101 or 352.101, Tax Code.
528	523		Sec. 3979.0704. TAX RATE. (a) The amount of the hotel
529	524		occupancy tax may not exceed the lesser of:
530	525		(1) the maximum rate prescribed by Section 352.003(a),
531	526		Tax Code; or
532	527		(2) a rate that, when added to the rates of all hotel
533	528		occupancy taxes imposed by other political subdivisions with
534	529		territory in the district and by this state, does not exceed the sum
535	530		of the rate prescribed by Section 351.0025(b), Tax Code, plus two
536	531		percent.
537	532		(b) The district tax is in addition to a tax imposed by a
538	533		municipality under Chapter 351, Tax Code, or by the county under
539	534		Chapter 352, Tax Code.
540	535		Sec. 3979.0705. INFORMATION. The district may examine and
541	536		receive information related to the imposition of hotel occupancy
542	537		taxes to the same extent as if the district were a county.
543	538		Sec. 3979.0706. USE OF REVENUE. The district may use
544	539		revenue from the hotel occupancy tax for any district purpose that
545	540		is an authorized use of hotel occupancy tax revenue under Chapter
546	541		351 or 352, Tax Code. The district may pledge all or part of the
547	542		revenue to the payment of bonds, notes, or other obligations and
548	543		that pledge of revenue may be in combination with other revenue
549	544		available to the district.
550	545		Sec. 3979.0707. ABOLITION OF TAX. (a) Except as provided
551	546		by Subsection (b), the board may abolish the tax imposed under this
552	547		subchapter.
553	548		(b) The board may not abolish the tax imposed under this
554	549		subchapter if the district has outstanding debt secured by the tax,
555	550		and repayment of the debt would be impaired by the abolition of the
556	551		tax.
557	552		SUBCHAPTER I. DISSOLUTION BY BOARD
558	553		Sec. 3979.0901. DISSOLUTION OF DISTRICT WITH OUTSTANDING
559	554		DEBT. (a) The board may dissolve the district regardless of
560	555		whether the district has debt. Section 375.264, Local Government
561	556		Code, does not apply to the district.
562	557		(b) If the district has debt when it is dissolved, the
563	558		district shall remain in existence solely for the purpose of
564	559		discharging its debts. The dissolution is effective when all debts
565	560		have been discharged.
566	561		SECTION 2. The Montgomery County Management District No. 1
567	562		initially includes all the territory contained in the following
568	563		area:
569	564		TRACT 1
570	565		A metes and bounds description of a 279.07 acre tract of land
571	566		situated in the Edward Taylor Survey, Abstract Number 554,
572	567		Montgomery County, Texas; being all of a called 279.65 acre tract
573	568		conveyed to Mitchell Energy Corporation by Surface Deed and
574	569		Subsurface Easement dated January 1, 1995 and filed for record
575	570		under Clerk's File No. 9509774 of the Montgomery County Official
576	571		Public Records of Real Property; said 279.07 acres being more
577	572		particularly described as follows with all bearing based on the
578	573		Texas Coordinate System of 1983, Central Zone:
579	574		BEGINNING at a found 1/2-inch iron rod in the apparent west
580	575		right-of-way of Cripple Creek Drive North, for an angle corner in
581	576		the north line of Lot 1 of Galleria Oaks Estates as shown on a plat
582	577		filed for record in Cabinet B, Sheet 79 of the Montgomery County Map
583	578		Records and the southeast corner of said 279.65 acres, same being
584	579		the southeast corner of the herein described tract, from which a
585	580		found 1/2-inch iron rod bears North 77°23'58" East, 38.23 feet;
586	581		THENCE, South 86°25'45" West, along the north line of Lots 1-
587	582		7 of said Galleria Oaks Estates and the south line of said 279.65
588	583		acres, passing a found 1-inch iron pipe at 244.84 feet, a found axle
589	584		at 544.26 feet, 5.56 feet right, a found 8-inch by 8-inch concrete
590	585		monument at 544.89 feet, 4.90 feet right, and a found 1-inch iron
591	586		pipe at 1170.28 feet, continuing for a total distance of 1988.05
592	587		feet (called 1997.31) to a set 3/4-inch iron rod (with cap stamped
593	588		"JonesCarter Property Corner") in the northeast right-of-way of
594	589		the Union Pacific Railroad (formerly I & G.N. Railroad Company)
595	590		(width varies) filed for record under Volume 26, Page 351 of the
596	591		Montgomery County Deed Records, for the south corner of the herein
597	592		described tract, from which a found 8-inch by 8-inch concrete
598	593		monument bears South 86°25'45" West, 9.14 feet;
599	594		THENCE, along the northeast right-of-way of the said Union
600	595		Pacific Railroad and the southwest line of the herein described
601	596		tract the following five (5) courses and distances:
602	597		1. North 59°15'02" West, 1127.60 feet, departing the north
603	598		line of said Lot 7, to a set 3/4-inch iron rod (with cap stamped
604	599		"JonesCarter Property Corner");
605	600		2. North 30°44'58" East, 25.00 feet to a set 3/4-inch iron
606	601		rod (with cap stamped "JonesCarter Property Corner");
607	602		3. North 59°15'02" West, 600.00 feet to a set 3/4-inch iron
608	603		rod (with cap stamped "JonesCarter Property Corner");
609	604		4. South 30°44'58" West, 25.00 feet to a set 3/4-inch iron
610	605		rod (with cap stamped "JonesCarter Property Corner");
611	606		5. North 59°15'02" West, 1371.85 feet to a set 3/4-inch iron
612	607		rod (with cap stamped "JonesCarter Property Corner") in the south
613	608		line of a called 139.384 acre tract conveyed to Norma Helen
614	609		Schoessow by Special Warranty Deed dated October 23, 1995 and filed
615	610		for record under Clerk's File No. 9559657 of the Montgomery County
616	611		Official Public Records of Real Property, for the west corner of the
617	612		herein described tract, from which a found 8-inch by 8-inch
618	613		concrete monument bears South 87°11'00" East, 8.79 feet;
619	614		THENCE, North 87°11'00" East, 2105.63 feet (called 2114.59
620	615		feet), departing the northeast right-of-way of the said Union
621	616		Pacific Railroad, along the south line of said 139.384 acres, a
622	617		north line of said 279.65 acres, and a north line of the herein
623	618		described tract to a found 8-inch by 8-inch concrete monument, for
624	619		an angle corner for said 139.384 acres, said 279.65 acres, and the
625	620		herein described tract;
626	621		THENCE, North 32°44'24" East, along the southeast line of said
627	622		139.384 acres, the northwest line of said 279.65 acres, and the
628	623		northwest line of the herein described tract, passing a found
629	624		1/2-inch iron rod (bent) at 2037.03 feet, 4.74 feet right,
630	625		continuing for a total distance of 2056.48 feet to a found 1-inch
631	626		pinched top pipe, for an angle corner for said 139.384 acres, said
632	627		279.65 acres, and the herein described tract;
633	628		THENCE, North 02°29'44" West, 2678.96 feet (called 2681.84
634	629		feet) along the east line of said 139.384 acres, the west line of
635	630		said 279.65 acres, and the west line of the herein described tract
636	631		to a found 8-inch by 8-inch concrete monument in the south line of a
637	632		called 77.051 acre tract conveyed to Susan Halstead, Vincent S.
638	633		Halstead, Steven B. Schoessow, Clarice J. Fore, Curtis F.
639	634		Schoessow, Douglas P. Schoessow, Jana B. McNeil and Adrianne Leigh
640	635		Fore by Gift Deed dated October 10, 2014 and filed for record under
641	636		Clerk's File No. 2014100067 of the Montgomery County Official
642	637		Public Records of Real Property, for the northeast corner of said
643	638		139.384 acres and the northwest corner of said 279.65 acres, same
644	639		being the northwest corner of the herein described tract, from
645	640		which a found 1/2-inch iron pipe bears North 01°41'45" East, 0.61
646	641		feet;
647	642		THENCE, North 86°56'34" East, along the south line of said
648	643		77.051 acres, the north line of said 279.65 acres, and the north
649	644		line of the herein described tract, passing a found 1-inch pinched
650	645		top pipe at 298.14 feet, continuing along the north line of said
651	646		279.65 acres and the north line of the herein described tract for a
652	647		total distance of 715.80 feet to a set 3/4-inch iron rod (with cap
653	648		stamped "JonesCarter Property Corner") for an angle corner;
654	649		THENCE, North 86°38'34" East, 561.72 feet (called 561.50
655	650		feet), continuing along the north line of said 279.65 acres and the
656	651		north line of the herein described tract to a found 1/2-inch iron
657	652		pipe in the apparent east line of the Edward Taylor Survey, Abstract
658	653		Number 554 and the apparent west line of the Leander Wescott Survey,
659	654		Abstract Number 616, for the southeast corner of a called 10 acre
660	655		tract conveyed to Axe Em Investments, L.P. by Special Warranty Deed
661	656		dated October 1, 2003 and filed for record under Clerk's File
662	657		No. 2003-134286 of the Montgomery County Official Public Records of
663	658		Real Property and the northeast corner of said 279.65 acres, same
664	659		being the northeast corner of the herein described tract, from
665	660		which a found 1/2-inch iron rod bears North 03°18'03" West, 941.08
666	661		feet;
667	662		THENCE, South 02°35'38" East, along the apparent east line of
668	663		the Edward Taylor Survey, Abstract Number 554, the apparent west
669	664		line of the Leander Wescott Survey, Abstract Number 616, the east
670	665		line of said 279.65 acres and the east line of the herein described
671	666		tract, passing a found 1/2-inch iron pipe at a distance of 2090.96
672	667		feet, 12.71 feet right, a found 5/8-inch iron rod at a distance of
673	668		2094.87 feet, 12.74 feet right and a found 3/4-inch iron rod (with
674	669		cap stamped "JonesCarter Property Corner") (previously set for
675	670		survey of adjoining acreage) at a distance of 2107.96 feet,
676	671		continuing along apparent east line of the Edward Taylor Survey,
677	672		Abstract Number 554, the apparent west line of the Robin George
678	673		Survey, Abstract Number 470, the apparent west line of the Leander
679	674		Wescott Survey, Abstract Number 615, the west line of Block 4 of
680	675		Cripple Creek Farms North Section Three (an unrecorded
681	676		subdivision), the east line of said 279.65 acres and the east line
682	677		of the herein described tract, same being the common line of a
683	678		Boundary Agreement dated August 11, 1958 filed for record in Volume
684	679		458, Page 386 of the Montgomery County Deed Records, passing a found
685	680		1/2-inch iron pipe at a distance of 2978.61 feet, 4.46 feet right, a
686	681		found 1/2-inch iron pipe at a distance of 3178.70 feet, 4.50 feet
687	682		right, a found 5/8-inch iron rod at a distance of 3408.76 feet, 4.96
688	683		feet right, a found 1/2-inch iron pipe at a distance of 3638.37
689	684		feet, 5.76 feet right, a found 1/2-inch iron pipe at a distance of
690	685		3846.97 feet, 5.42 feet right, a found 1/2-inch iron pipe at a
691	686		distance of 4046.44 feet, 4.77 feet right, a found 3/4-inch iron rod
692	687		at a distance of 4246.56 feet, 4.32 feet right, a found 1/2-inch
693	688		iron pipe at a distance of 4446.96 feet, 5.22 feet right, a found
694	689		1/2-inch iron pipe at a distance of 4646.61 feet, 6.40 feet right, a
695	690		found 5/8-inch iron rod at a distance of 4845.95 feet, 6.30 feet
696	691		right, a found 1/2-inch iron pipe at a distance of 5044.96 feet,
697	692		6.79 feet right, a found 1/2-inch iron pipe at a distance of 5644.64
698	693		feet, 6.54 feet right, a found 1/4-inch iron pipe at a distance of
699	694		5665.25 feet, 7.16 feet right, a found 5/8-inch iron rod at a
700	695		distance of 5665.30 feet, 6.86 feet right, continuing for a total
701	696		distance of 6047.81 feet (called 6051.88 feet) to the POINT OF
702	697		BEGINNING, CONTAINING 279.07 acres of land in Montgomery County,
703	698		Texas, as shown on drawing number 9629-A.
704	699		TRACT 2
705	700		A METES AND BOUNDS description of a 842.23 acre tract of land
706	701		situated in the Charles Frazier Survey, Abstract Number 206, the
707	702		Andrew J. Hensley Survey, Abstract Number 255, the Azariah Prather
708	703		Survey, Abstract Number 427 and the Leander Wescott Survey,
709	704		Abstract Number 616, Montgomery County, Texas; being out of and a
710	705		part of a called 881.183 acre tract (Tract 1) conveyed to Mitchell
711	706		Energy Corporation by Special Warranty Deed dated July 31, 1997 and
712	707		filed for record under Clerk's File No. 9746155 of the Montgomery
713	708		County Official Public Records of Real Property; said 842.23 acres
714	709		being more particularly described as follows with all bearings
715	710		based on the Texas Coordinate System of 1983, Central Zone:
716	711		BEGINNING at a found 3-inch iron pipe for the north corner
717	712		Greentree Forest Estates (an Unrecorded Subdivision), same being an
718	713		interior corner of the herein described tract;
719	714		THENCE, South 42°47'48" West, along the northwest line of said
720	715		Greentree Forest Estates and a southeast line of said 881.183
721	716		acres, passing a found 5/8-inch iron rod at 256.52 feet, a found
722	717		1/2-inch iron rod at 374.49 feet, 0.17 feet left, a found 5/8-inch
723	718		iron rod at 847.40 feet, a found 5/8-inch iron rod at 965.59 feet,
724	719		0.38 feet right, a found 1/2-inch iron rod at 1202.01 feet, a found
725	720		1/2-inch iron rod at 1442.52 feet, 1.05 feet right, a found 5/8-inch
726	721		iron rod at 1686.50 feet and a found 1/2-inch iron rod at 1921.45
727	722		feet, continuing for a total distance of 2155.95 feet (called
728	723		2155.95 feet) to a set 3/4-inch iron rod (with cap stamped
729	724		"JonesCarter Property Corner") in the northeast line of called
730	725		4.615 acre tract, known as Tract 17, Block 4 of Cripple Creek Farms
731	726		North Section Three (an unrecorded subdivision), conveyed to Larry
732	727		Dan McQuerry and wife, Mary Margaret McQuerry by General Warranty
733	728		Deed dated April 2, 1980 and filed for record under Clerk's File
734	729		No. 8011618 of the Montgomery County Official Public Records of
735	730		Real Property, for a southwest corner of the herein described
736	731		tract, from which a found 1/2-inch iron rod bears South 47°45'18"
737	732		East, 171.07 feet;
738	733		THENCE, North 47°25'32" West, 433.31 feet (called 1246.42
739	734		feet), departing the northwest line of said Greentree Forest
740	735		Estates, along the northeast line of said 4.615 acres and a
741	736		southwest line of said 881.183 acres to a set 3/4-inch iron rod
742	737		(with cap stamped "JonesCarter Property Corner") in the east line
743	738		of a called 279.65 acre tract conveyed to Mitchell Energy
744	739		Corporation by Surface Deed and Subsurface Easement dated January
745	740		1, 1995 and file for record under Clerk's File No. 9509774 of the
746	741		Montgomery County Official Public Records of Real Property, same
747	742		being the apparent east line of the Edward Taylor Survey, Abstract
748	743		Number 554 and the apparent west line of the Leander Wescott Survey,
749	744		Abstract Number 616, from which found 3-1/2" iron pipe bears North
750	745		47°25'32" West, 812.94 feet, and a found 1/2-inch iron rod bears
751	746		South 02°35'38" East, 3939.85 feet;
752	747		THENCE, North 02°35'38" West, departing the northeast line of
753	748		said 4.615 acres, along the east line of said 279.65 acres, the
754	749		apparent east line of the Edward Taylor Survey, Abstract Number 554
755	750		and the apparent west line of the Leander Wescott Survey, Abstract
756	751		Number 616, passing a 5/8-inch iron rod at 13.09 feet, 12.74 feet
757	752		left and a found 1/2-inch iron pipe at 17.01 feet, 12.71 feet left,
758	753		continuing for a total distance of 2107.96 feet to a found 1/2-inch
759	754		iron pipe for the southeast corner of a called 10 acre tract
760	755		conveyed to Axe Em Investments, L.P. by Special Warranty Deed dated
761	756		October 1, 2003 and filed for record under Clerk's File
762	757		No. 2003-134286 of the Montgomery County Official Public Records of
763	758		Real Property, the northeast corner of said 279.65 acres and an
764	759		angle point in the west line of the herein described tract, from
765	760		which a found 3/4-inch iron rod (with cap stamped "JonesCarter
766	761		Property Corner") bears South 86°38'34" West, 561.72 feet;
767	762		THENCE, North 03°18'03" West, continuing along the apparent
768	763		east line of the Edward Taylor Survey, Abstract Number 554, the
769	764		apparent west line of the Leander Wescott Survey, Abstract Number
770	765		616, and the east line of said 10 acres, passing a 1/2-inch iron rod
771	766		at 220.99 feet, continuing along the east line of said 10 acres, the
772	767		east line of a called 5 acre tract and another called 10 acre tract
773	768		(hereinafter referred to as "northern 10 acres"), both conveyed to
774	769		Axe Em Investments, L.P. by Special Warranty Deed dated October 1,
775	770		2003 and filed for record under Clerk's File No. 2003-134286 of the
776	771		Montgomery County Official Public Records of Real Property for a
777	772		total distance of 941.08 feet to a found 1/2-inch iron rod in the
778	773		north line of said 881.183 acres for an angle point in the south
779	774		line of a called 757.02 acre tract ("Tract III") conveyed to 1488
780	775		Corp. by Special Warranty Deed dated December 29, 2015 and filed for
781	776		record under Clerk's File No. 2016002467 of the Montgomery County
782	777		Official Public Records of Real Property, same being the northwest
783	778		corner of the herein described tract, from which a found axle bears
784	779		North 48°48'43" West, 728.19 feet and a found 3/4-inch pinched top
785	780		pipe bears North 03°04'57" West, 1286.89 feet;
786	781		THENCE, departing the east line of said northern 10 acres,
787	782		the apparent east line of the Edward Taylor Survey, Abstract Number
788	783		554 and the apparent west line of the Leander Wescott Survey,
789	784		Abstract Number 616, along the south line of said 757.02 acres and
790	785		the north line of said 881.183 acres the following six (6) courses
791	786		and distances:
792	787		1. South 48°52'00" East, 593.66 feet (called 1321.86 feet)
793	788		to a found 3-inch iron pipe for an angle point;
794	789		2. North 42°00'28" East, 807.36 feet (called 807.98 feet) to
795	790		a found 3-inch iron pipe;
796	791		3. North 43°20'46" East, 781.14 feet (called 779.36 feet) to
797	792		a found 3/4-inch iron pipe;
798	793		4. North 41°41'25" East, 1538.43 feet (called 1540.14 feet)
799	794		to a found 3-inch iron pipe;
800	795		5. North 42°24'04" East, 777.81 feet (called 778.99 feet) to
801	796		a found 1/2-inch iron rod;
802	797		6. North 42°15'57" East, 706.71 feet (called 710.25 feet) to
803	798		a point in the centerline of Mill Creek, for the west corner of a
804	799		called 6.11186 acre tract, known as Tract 12 of Wildwood Estates (an
805	800		unrecorded subdivision), conveyed to John M. Burdick and wife,
806	801		Sandra A. Burdick by Warranty Deed dated October 14, 1991 and file
807	802		for record under Clerk's File No. 9148107 of the Montgomery County
808	803		Official Public Records of Real Property, same being the north
809	804		corner of said 881.183 acres and the herein described tract, from
810	805		which a found 1-inch iron pipe bears North 42°15'57" East, 1881.50
811	806		feet;
812	807		THENCE, departing the south line of said 757.02 acres, along
813	808		the centerline meanders of said Mill Creek, same being the east line
814	809		of said 881.183 acres, the following two-hundred and forty-six
815	810		(246) courses and distances:
816	811		1. South 12°18'18" East, 20.94 feet to a point;
817	812		2. South 22°23'59" East, 74.66 feet to a point;
818	813		3. South 42°53'52" West, 46.44 feet to a point;
819	814		4. South 36°58'56" West, 46.01 feet to a point;
820	815		5. South 09°52'55" East, 37.33 feet to a point;
821	816		6. North 87°56'29" East, 80.12 feet to a point;
822	817		7. South 45°12'31" East, 17.10 feet to a point;
823	818		8. South 10°52'22" East, 26.87 feet to a point;
824	819		9. South 02°05'39" East, 26.13 feet to a point;
825	820		10. South 12°44'29" East, 19.29 feet to a point;
826	821		11. South 04°45'43" West, 43.16 feet to a point;
827	822		12. South 35°59'36" East, 36.12 feet to a point;
828	823		13. South 09°16'25" West, 32.54 feet to a point;
829	824		14. South 12°40'55" West, 171.14 feet to a point;
830	825		15. South 06°14'53" East, 70.78 feet to a point;
831	826		16. South 41°23'52" East, 61.54 feet to a point;
832	827		17. South 14°42'38" East, 130.27 feet to a point;
833	828		18. South 23°55'53" East, 126.21 feet to a point;
834	829		19. South 10°03'51" East, 50.67 feet to a point;
835	830		20. South 36°50'20" East, 107.39 feet to a point;
836	831		21. South 10°43'38" East, 60.21 feet to a point;
837	832		22. South 21°14'15" West, 153.28 feet to a point;
838	833		23. South 22°33'14" West, 58.07 feet to a point;
839	834		24. South 05°35'01" West, 20.25 feet to a point;
840	835		25. South 61°22'44" East, 38.41 feet to a point;
841	836		26. South 69°02'33" East, 58.99 feet to a point;
842	837		27. South 12°12'50" East, 124.16 feet to a point;
843	838		28. South 32°31'48" East, 44.10 feet to a point;
844	839		29. South 57°36'47" East, 61.05 feet to a point;
845	840		30. South 53°27'39" East, 56.94 feet to a point;
846	841		31. South 33°14'19" East, 97.80 feet to a point;
847	842		32. South 21°00'11" East, 47.88 feet to a point;
848	843		33. South 00°14'08" West, 9.48 feet to a point;
849	844		34. South 35°38'34" West, 15.42 feet to a point;
850	845		35. South 05°09'49" West, 35.23 feet to a point;
851	846		36. South 41°24'16" East, 29.71 feet to a point;
852	847		37. South 59°26'29" East, 22.32 feet to a point;
853	848		38. South 69°02'33" East, 324.70 feet to a point;
854	849		39. South 85°20'52" East, 48.71 feet to a point;
855	850		40. North 78°12'44" East, 26.46 feet to a point;
856	851		41. North 42°26'02" East, 37.26 feet to a point;
857	852		42. North 09°57'57" East, 21.44 feet to a point;
858	853		43. North 71°11'45" West, 44.32 feet to a point;
859	854		44. North 43°20'43" West, 8.72 feet to a point;
860	855		45. North 01°04'41" West, 22.38 feet to a point;
861	856		46. North 21°27'17" East, 14.55 feet to a point;
862	857		47. North 35°12'16" East, 57.34 feet to a point;
863	858		48. South 40°49'24" East, 26.21 feet to a point;
864	859		49. South 26°33'49" East, 19.14 feet to a point;
865	860		50. South 78°44'47" East, 39.61 feet to a point;
866	861		51. South 42°37'50" East, 117.76 feet to a point;
867	862		52. South 63°31'02" East, 54.42 feet to a point;
868	863		53. North 86°22'35" East, 14.48 feet to a point;
869	864		54. South 83°23'38" East, 50.81 feet to a point;
870	865		55. South 41°53'26" East, 37.41 feet to a point;
871	866		56. South 10°42'29" East, 156.83 feet to a point;
872	867		57. South 50°37'37" East, 26.55 feet to a point;
873	868		58. South 35°05'48" East, 74.85 feet to a point;
874	869		59. South 34°45'59" East, 50.28 feet to a point;
875	870		60. South 63°14'51" East, 163.53 feet to a point;
876	871		61. South 87°53'24" East, 20.12 feet to a point;
877	872		62. North 48°15'22" East, 95.09 feet to a point;
878	873		63. South 57°40'49" East, 12.18 feet to a point;
879	874		64. South 55°52'46" East, 39.03 feet to a point;
880	875		65. South 30°38'19" East, 13.33 feet to a point;
881	876		66. South 17°12'36" East, 20.13 feet to a point;
882	877		67. South 54°53'29" East, 145.28 feet to a point;
883	878		68. South 66°39'02" East, 56.87 feet to a point;
884	879		69. South 75°44'05" East, 87.52 feet to a point;
885	880		70. South 58°53'21" East, 90.35 feet to a point;
886	881		71. North 88°28'59" East, 42.27 feet to a point;
887	882		72. South 56°16'37" East, 181.99 feet to a point;
888	883		73. South 40°53'21" East, 125.58 feet to a point;
889	884		74. South 31°26'40" West, 50.99 feet to a point;
890	885		75. South 28°10'18" West, 24.21 feet to a point;
891	886		76. South 77°29'22" East, 19.73 feet to a point;
892	887		77. South 50°09'42" East, 96.47 feet to a point;
893	888		78. South 56°32'41" East, 38.23 feet to a point;
894	889		79. South 54°49'44" East, 31.98 feet to a point;
895	890		80. North 77°40'42" East, 30.26 feet to a point;
896	891		81. North 80°05'57" East, 64.03 feet to a point;
897	892		82. South 66°03'01" East, 290.35 feet to a point;
898	893		83. South 63°25'23" East, 170.62 feet to a point;
899	894		84. South 62°41'27" East, 181.12 feet to a point;
900	895		85. South 49°53'40" East, 59.94 feet to a point;
901	896		86. South 39°07'27" East, 46.28 feet to a point;
902	897		87. South 05°14'20" West, 92.52 feet to a point;
903	898		88. South 63°37'44" West, 38.32 feet to a point;
904	899		89. South 46°52'08" West, 17.69 feet to a point;
905	900		90. South 30°30'24" West, 32.48 feet to a point;
906	901		91. South 52°08'30" West, 30.87 feet to a point;
907	902		92. North 88°59'43" West, 56.63 feet to a point;
908	903		93. South 40°10'42" West, 137.98 feet to a point;
909	904		94. South 17°29'36" West, 77.42 feet to a point;
910	905		95. South 00°37'28" East, 30.27 feet to a point;
911	906		96. South 83°36'36" East, 64.24 feet to a point;
912	907		97. South 86°39'20" East, 105.45 feet to a point;
913	908		98. South 46°06'16" East, 176.19 feet to a point;
914	909		99. South 56°22'42" East, 61.38 feet to a point;
915	910		100. South 53°51'41" East, 64.61 feet to a point;
916	911		101. North 46°16'54" East, 19.60 feet to a point;
917	912		102. North 42°53'51" East, 33.81 feet to a point;
918	913		103. North 81°54'47" East, 105.65 feet to a point;
919	914		104. South 78°49'30" East, 53.59 feet to a point;
920	915		105. South 39°53'14" East, 18.21 feet to a point;
921	916		106. South 27°02'07" East, 57.44 feet to a point;
922	917		107. South 40°36'08" East, 83.23 feet to a point;
923	918		108. South 36°14'03" East, 104.79 feet to a point;
924	919		109. South 21°55'33" West, 120.32 feet to a point;
925	920		110. South 45°28'18" West, 24.82 feet to a point;
926	921		111. North 87°16'18" West, 60.19 feet to a point;
927	922		112. South 04°03'57" West, 40.49 feet to a point;
928	923		113. South 19°30'55" West, 113.56 feet to a point;
929	924		114. South 17°09'33" West, 26.63 feet to a point;
930	925		115. South 06°32'51" West, 52.58 feet to a point;
931	926		116. South 48°03'00" East, 198.07 feet to a point;
932	927		117. South 78°07'22" East, 39.83 feet to a point;
933	928		118. South 45°15'38" East, 108.53 feet to a point;
934	929		119. South 15°27'32" East, 74.05 feet to a point;
935	930		120. South 29°42'12" East, 187.05 feet to a point;
936	931		121. South 10°51'23" East, 98.64 feet to a point;
937	932		122. South 13°57'22" West, 16.81 feet to a point;
938	933		123. South 05°41'13" East, 152.49 feet to a point;
939	934		124. South 04°31'17" East, 117.06 feet to a point;
940	935		125. South 04°48'51" West, 67.94 feet to a point;
941	936		126. South 20°51'03" West, 86.27 feet to a point;
942	937		127. South 48°35'35" West, 63.11 feet to a point;
943	938		128. South 48°58'11" West, 27.31 feet to a point;
944	939		129. South 41°19'59" West, 147.94 feet to a point;
945	940		130. South 16°43'24" West, 51.25 feet to a point;
946	941		131. South 38°48'25" West, 129.88 feet to a point;
947	942		132. South 48°43'18" West, 33.26 feet to a point;
948	943		133. South 49°33'27" West, 63.28 feet to a point;
949	944		134. South 34°02'23" West, 138.93 feet to a point;
950	945		135. South 43°19'50" West, 77.02 feet to a point;
951	946		136. South 21°42'27" East, 21.32 feet to a point;
952	947		137. South 19°31'50" East, 69.55 feet to a point;
953	948		138. South 10°43'23" East, 164.23 feet to a point;
954	949		139. South 50°46'56" East, 96.05 feet to a point;
955	950		140. South 38°12'17" East, 124.95 feet to a point;
956	951		141. South 14°25'39" East, 40.20 feet to a point;
957	952		142. South 04°53'50" East, 123.95 feet to a point;
958	953		143. South 32°39'47" East, 115.61 feet to a point;
959	954		144. South 15°59'49" East, 145.05 feet to a point;
960	955		145. South 44°34'59" East, 144.65 feet to a point;
961	956		146. South 62°03'10" East, 95.40 feet to a point;
962	957		147. South 79°38'44" East, 72.91 feet to a point;
963	958		148. South 10°24'52" East, 229.66 feet to a point;
964	959		149. North 68°22'11" West, 80.47 feet to a point;
965	960		150. South 07°25'05" East, 48.42 feet to a point;
966	961		151. South 02°41'47" West, 198.27 feet to a point;
967	962		152. South 43°12'25" West, 88.27 feet to a point;
968	963		153. South 51°53'13" West, 53.80 feet to a point;
969	964		154. South 46°45'22" East, 42.20 feet to a point;
970	965		155. South 61°43'29" East, 161.36 feet to a point;
971	966		156. South 28°19'40" East, 101.12 feet to a point;
972	967		157. South 32°48'06" East, 144.76 feet to a point;
973	968		158. South 50°37'24" East, 51.47 feet to a point;
974	969		159. South 28°01'42" East, 126.58 feet to a point;
975	970		160. South 38°57'45" East, 107.31 feet to a point;
976	971		161. South 50°24'34" East, 71.71 feet to a point;
977	972		162. South 09°29'22" East, 212.34 feet to a point;
978	973		163. South 00°20'59" West, 132.90 feet to a point;
979	974		164. South 19°40'54" East, 86.34 feet to a point;
980	975		165. South 14°58'26" West, 140.70 feet to a point;
981	976		166. South 10°08'09" West, 74.76 feet to a point;
982	977		167. South 53°21'21" West, 115.04 feet to a point;
983	978		168. South 27°54'49" West, 62.71 feet to a point;
984	979		169. South 34°48'30" East, 61.40 feet to a point;
985	980		170. South 66°20'22" East, 141.85 feet to a point;
986	981		171. South 72°53'56" East, 64.16 feet to a point;
987	982		172. South 80°40'10" East, 93.92 feet to a point;
988	983		173. North 88°21'42" East, 215.53 feet to a point;
989	984		174. North 72°22'13" East, 72.02 feet to a point;
990	985		175. North 30°33'22" East, 51.13 feet to a point;
991	986		176. North 53°06'11" East, 67.65 feet to a point;
992	987		177. South 89°23'41" East, 60.02 feet to a point;
993	988		178. North 69°42'48" East, 89.16 feet to a point;
994	989		179. North 84°21'21" East, 28.12 feet to a point;
995	990		180. South 65°03'29" East, 63.15 feet to a point;
996	991		181. South 24°31'20" East, 153.15 feet to a point;
997	992		182. South 79°55'10" East, 74.23 feet to a point;
998	993		183. South 30°19'44" East, 69.41 feet to a point;
999	994		184. South 26°36'17" West, 67.33 feet to a point;
1000	995		185. South 51°53'55" East, 28.30 feet to a point;
1001	996		186. South 48°09'02" East, 20.98 feet to a point;
1002	997		187. South 69°54'32" East, 42.71 feet to a point;
1003	998		188. South 49°35'02" East, 114.15 feet to a point;
1004	999		189. South 61°51'29" East, 70.82 feet to a point;
1005	1000		190. North 56°45'53" East, 81.24 feet to a point;
1006	1001		191. North 10°22'42" West, 27.52 feet to a point;
1007	1002		192. North 44°20'07" West, 46.76 feet to a point;
1008	1003		193. North 14°23'02" West, 40.60 feet to a point;
1009	1004		194. North 81°26'55" East, 88.16 feet to a point;
1010	1005		195. South 81°27'52" East, 225.26 feet to a point;
1011	1006		196. North 50°13'30" East, 52.21 feet to a point;
1012	1007		197. South 83°42'53" East, 38.65 feet to a point;
1013	1008		198. South 53°20'17" East, 54.33 feet to a point;
1014	1009		199. South 34°41'44" East, 78.36 feet to a point;
1015	1010		200. South 04°59'36" West, 17.83 feet to a point;
1016	1011		201. South 75°56'24" West, 26.48 feet to a point;
1017	1012		202. North 80°06'10" West, 22.44 feet to a point;
1018	1013		203. South 15°30'22" West, 102.03 feet to a point;
1019	1014		204. South 77°49'42" West, 77.55 feet to a point;
1020	1015		205. South 05°43'31" West, 17.16 feet to a point;
1021	1016		206. South 36°38'48" East, 52.50 feet to a point;
1022	1017		207. South 22°17'18" West, 18.42 feet to a point;
1023	1018		208. South 46°04'19" West, 106.13 feet to a point;
1024	1019		209. South 00°20'40" East, 46.25 feet to a point;
1025	1020		210. North 86°03'23" East, 65.78 feet to a point;
1026	1021		211. South 88°15'33" East, 59.39 feet to a point;
1027	1022		212. South 72°52'21" East, 84.16 feet to a point;
1028	1023		213. South 22°30'03" East, 31.04 feet to a point;
1029	1024		214. South 07°37'19" West, 34.13 feet to a point;
1030	1025		215. South 13°51'28" East, 32.68 feet to a point;
1031	1026		216. South 42°01'46" East, 82.75 feet to a point;
1032	1027		217. South 32°57'14" East, 31.07 feet to a point;
1033	1028		218. South 26°42'20" West, 36.83 feet to a point;
1034	1029		219. South 51°10'47" West, 104.44 feet to a point;
1035	1030		220. South 78°09'38" West, 133.44 feet to a point;
1036	1031		221. North 65°18'54" West, 40.51 feet to a point;
1037	1032		222. North 20°57'04" West, 19.22 feet to a point;
1038	1033		223. North 20°58'16" East, 21.54 feet to a point;
1039	1034		224. North 31°10'24" West, 21.19 feet to a point;
1040	1035		225. South 86°54'36" West, 98.56 feet to a point;
1041	1036		226. South 62°17'52" West, 61.48 feet to a point;
1042	1037		227. South 10°48'36" West, 14.13 feet to a point;
1043	1038		228. South 68°28'09" West, 146.02 feet to a point;
1044	1039		229. South 66°50'57" West, 13.98 feet to a point;
1045	1040		230. South 54°14'31" West, 9.13 feet to a point;
1046	1041		231. South 28°53'35" West, 47.36 feet to a point;
1047	1042		232. South 14°53'51" East, 38.67 feet to a point;
1048	1043		233. South 33°16'15" West, 110.49 feet to a point;
1049	1044		234. South 25°51'57" West, 87.36 feet to a point;
1050	1045		235. South 24°40'48" West, 168.46 feet to a point;
1051	1046		236. South 18°07'49" West, 119.57 feet to a point;
1052	1047		237. South 07°55'38" West, 73.03 feet to a point;
1053	1048		238. South 30°22'38" East, 68.89 feet to a point;
1054	1049		239. South 08°41'13" West, 43.89 feet to a point;
1055	1050		240. South 20°25'31" West, 64.73 feet to a point;
1056	1051		241. South 06°48'07" West, 63.29 feet to a point;
1057	1052		242. South 07°37'07" West, 39.79 feet to a point;
1058	1053		243. South 28°55'17" West, 36.09 feet to a point;
1059	1054		244. South 66°13'24" West, 56.17 feet to a point;
1060	1055		245. South 43°02'27" West, 59.63 feet to a point;
1061	1056		246. South 13°44'31" West, 6.84 feet to a point in the
1062	1057		northeast line of Mill Creek Forest as shown on a plat filed for
1063	1058		record in Volume 5, Page 491 of the Montgomery County Deed Records
1064	1059		for the most southerly corner of said 881.183 acres and the herein
1065	1060		described tract;
1066	1061		THENCE, North 46°43'05" West, departing the centerline
1067	1062		meanders of said Mill Creek, along the northeast line of said Mill
1068	1063		Creek Forest, and the southwest line of said 881.183 acres, passing
1069	1064		a found 1/2-inch iron rod (with cap stamped "Reinke 3971") at 61.41
1070	1065		feet, continuing for a total distance of 397.79 feet (called
1071	1066		414.06) to a found 1/2-inch iron rod (with cap stamped "Geomatics
1072	1067		Inc.") for the north corner of said Mill Creek Forest, and an
1073	1068		interior corner of said 881.183 acres and the herein described
1074	1069		tract;
1075	1070		THENCE, South 43°03'45" West, along the northwest line of said
1076	1071		Mill Creek Forest and a southeast line of said 881.183 acres,
1077	1072		passing a found 3/4-inch iron pipe at 104.79 feet, 0.97 feet right,
1078	1073		continuing for a total distance of 198.18 feet (called 192.78 feet)
1079	1074		to a set 3/4-inch iron rod (with cap stamped "JonesCarter Property
1080	1075		Corner") for the east corner of Lot 14, Block 44 of Hazy Hollow East
1081	1076		Estates Section 7 (an unrecorded subdivision) conveyed to Malcom
1082	1077		James Johnson by Warranty Deed dated April 5, 1991 and filed for
1083	1078		record under Clerk's File No. 9230908 of the Montgomery County
1084	1079		Official Public Records of Real Property, a south corner of said
1085	1080		881.183 acres and the herein described tract;
1086	1081		THENCE, departing the northwest line of said Mill Creek
1087	1082		Forest along the southwest line of said 881.183 acres and the herein
1088	1083		described tract the following seven (7) courses and distances:
1089	1084		1. North 47°15'15" West, along the northeast line said Hazy
1090	1085		Hollow East Estates Section 7, passing a found 3/8-inch iron rod at
1091	1086		1321.03 feet, 1.17 feet left, passing a found 1/2-inch iron rod at
1092	1087		1429.95 feet, 1.21 feet left, continuing for a total distance of
1093	1088		1755.51 feet to an angle point, from which a found 1/2-inch iron rod
1094	1089		bears North 21°27'43" West 4.22 feet;
1095	1090		2. North 47°29'30" West, along the northeast line of said
1096	1091		Hazy Hollow East Estates Section 7 and the northeast line of Hazy
1097	1092		Hollow East Estates Section 4 (an unrecorded subdivision), passing
1098	1093		a found 3/8-inch iron rod at 393.30 feet, 1.24 feet right,
1099	1094		continuing for a total distance of 711.72 feet to a point;
1100	1095		3. North 47°20'39" West, along the northeast line of Hazy
1101	1096		Hollow East Estates Section 10 (an unrecorded subdivision), passing
1102	1097		a found 3/8-inch iron rod at 126.64 feet, 2.16 feet right, passing a
1103	1098		found 3/8-inch iron rod at 375.33 feet, 1.09 feet right, passing a
1104	1099		found 3/8-inch iron rod at 499.77 feet, 0.63 feet right, continuing
1105	1100		for a total distance of 527.41 feet to a point;
1106	1101		4. North 47°17'20" West, along the northeast line of said
1107	1102		Hazy Hollow East Estates Section 10, passing a found 5/8-inch iron
1108	1103		rod at 96.90 feet, 0.38 feet right, a found 1/2-inch iron rod (bent)
1109	1104		at 289.53 feet, a found 3/8-inch iron rod at 422.16 feet, 0.24 feet
1110	1105		right, a found 1/2-inch iron rod at 554.92 feet, a found 5/8-inch
1111	1106		iron rod at 687.54 feet, a found 3/8-inch iron rod at 1116.06 feet,
1112	1107		0.31 feet left, a found 3/8-inch iron rod at 1239.11 feet, 0.41 feet
1113	1108		left, a found 3/8-inch iron rod at 1484.87 feet, 0.98 feet left, a
1114	1109		found 3/8-inch iron rod at 1608.04 feet, 1.32 feet left, a found
1115	1110		3/8-inch iron rod at 1731.04 feet, 1.21 feet left, a found 3/8-inch
1116	1111		iron rod at 1854.08 feet, 0.55 feet left, a found 5/8-inch square
1117	1112		iron bar at 1977.47 feet, 0.11 feet right, a found 5/8-inch square
1118	1113		iron bar at 2037.11 feet, 0.36 feet right, a found 3/8-inch iron rod
1119	1114		at 2159.55 feet, 1.03 feet right, a found 1/2-inch iron rod (with
1120	1115		cap stamped "C&C Surveying") at 2282.80 feet, 0.18 feet right, a
1121	1116		found 1/2-inch iron rod (with cap stamped "C&C Surveying") at
1122	1117		2405.70 feet, and a found 3/8-inch iron rod at 2897.75 feet, 0.13
1123	1118		feet right, continuing for a total distance of 3015.29 feet to a
1124	1119		point;
1125	1120		5. North 47°22'30" West, along the northeast line of Hazy
1126	1121		Hollow East Estates Section 11 (an unrecorded subdivision), passing
1127	1122		a found 3/8-inch iron rod at 5.37 feet, 2.20 feet left, a found
1128	1123		3/8-inch iron rod at 128.11 feet, 3.14 feet left, a found 3/8-inch
1129	1124		iron rod at 251.00 feet, 3.59 feet left, a found 3/8-inch iron rod
1130	1125		at 373.97 feet, 3.79 feet left, a found 3/8-inch iron rod at 496.74
1131	1126		feet, 3.70 feet left, a found 3/8-inch iron rod at 619.44 feet, 3.76
1132	1127		feet left, a found 3/8-inch iron rod at 743.26 feet, 1.81 feet
1133	1128		left, and a found 3/8-inch iron rod at 988.51 feet, 0.13 feet left,
1134	1129		continuing for a total distance of 1784.65 feet to a found 1/2-inch
1135	1130		iron rod for the north corner of said Hazy Hollow East Estates
1136	1131		Section 11 and the east corner of Greentree Forest Estates (an
1137	1132		unrecorded subdivision);
1138	1133		6. North 47°01'59" West, along the northeast line of said
1139	1134		Greentree Forest Estates, passing a found 1/2-inch iron rod at
1140	1135		354.40 feet, passing a found 5/8-inch iron rod at 414.22 feet,
1141	1136		continuing for a total distance of 498.04 feet to a found 3-1/2-inch
1142	1137		iron pipe;
1143	1138		7. North 47°36'37" West, 270.64 feet (called 270.76 feet) to
1144	1139		the POINT OF BEGINNING, CONTAINING 842.23 acres of land in
1145	1140		Montgomery County, Texas, as shown on drawing number 9630-A.
1146	1141		SECTION 3. (a) The legal notice of the intention to
1147	1142		introduce this Act, setting forth the general substance of this
1148	1143		Act, has been published as provided by law, and the notice and a
1149	1144		copy of this Act have been furnished to all persons, agencies,
1150	1145		officials, or entities to which they are required to be furnished
1151	1146		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
1152	1147		Government Code.
1153	1148		(b) The governor, one of the required recipients, has
1154	1149		submitted the notice and Act to the Texas Commission on
1155	1150		Environmental Quality.
1156	1151		(c) The Texas Commission on Environmental Quality has filed
1157	1152		its recommendations relating to this Act with the governor,
1158	1153		lieutenant governor, and speaker of the house of representatives
1159	1154		within the required time.
1160	1155		(d) All requirements of the constitution and laws of this
1161	1156		state and the rules and procedures of the legislature with respect
1162	1157		to the notice, introduction, and passage of this Act have been
1163	1158		fulfilled and accomplished.
1164	1159		SECTION 4. This Act takes effect immediately if it receives
1165	1160		a vote of two-thirds of all the members elected to each house, as
1166	1161		provided by Section 39, Article III, Texas Constitution. If this
1167	1162		Act does not receive the vote necessary for immediate effect, this
1168	1163		Act takes effect September 1, 2019.
1169		-	* * * * *