Texas 2019 - 86th Regular

Texas Senate Bill SB2483 Compare Versions

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1+86R13272 JCG-F
12 By: Nichols S.B. No. 2483
2- (In the Senate - Filed March 27, 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
73
84
95 A BILL TO BE ENTITLED
106 AN ACT
117 relating to the creation of Plum Creek Management District No. 1 of
128 Liberty County; providing authority to issue bonds; providing
139 authority to impose assessments, fees, or taxes.
1410 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1511 SECTION 1. Subtitle C, Title 4, Special District Local Laws
1612 Code, is amended by adding Chapter 3982 to read as follows:
1713 CHAPTER 3982. PLUM CREEK MANAGEMENT DISTRICT NO. 1 OF LIBERTY
1814 COUNTY
1915 SUBCHAPTER A. GENERAL PROVISIONS
2016 Sec. 3982.0101. DEFINITIONS. In this chapter:
2117 (1) "Board" means the district's board of directors.
2218 (2) "County" means Liberty County.
2319 (3) "Director" means a board member.
2420 (4) "District" means the Plum Creek Management
2521 District No. 1 of Liberty County.
2622 Sec. 3982.0102. NATURE OF DISTRICT. The district is a
2723 special district created under Section 59, Article XVI, Texas
2824 Constitution.
2925 Sec. 3982.0103. PURPOSE; DECLARATION OF INTENT. (a) The
3026 creation of the district is essential to accomplish the purposes of
3127 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
3228 Texas Constitution, and other public purposes stated in this
3329 chapter. By creating the district and in authorizing the county and
3430 other political subdivisions to contract with the district, the
3531 legislature has established a program to accomplish the public
3632 purposes set out in Section 52-a, Article III, Texas Constitution.
3733 (b) The creation of the district is necessary to promote,
3834 develop, encourage, and maintain employment, commerce,
3935 transportation, housing, tourism, recreation, the arts,
4036 entertainment, economic development, safety, and the public
4137 welfare in the district.
4238 (c) This chapter and the creation of the district may not be
4339 interpreted to relieve the county from providing the level of
4440 services provided as of the effective date of the Act enacting this
4541 chapter to the area in the district. The district is created to
4642 supplement and not to supplant county services provided in the
4743 district.
4844 Sec. 3982.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
4945 (a) The district is created to serve a public use and benefit.
5046 (b) All land and other property included in the district
5147 will benefit from the improvements and services to be provided by
5248 the district under powers conferred by Sections 52 and 52-a,
5349 Article III, and Section 59, Article XVI, Texas Constitution, and
5450 other powers granted under this chapter.
5551 (c) The creation of the district is in the public interest
5652 and is essential to further the public purposes of:
5753 (1) developing and diversifying the economy of the
5854 state;
5955 (2) eliminating unemployment and underemployment; and
6056 (3) developing or expanding transportation and
6157 commerce.
6258 (d) The district will:
6359 (1) promote the health, safety, and general welfare of
6460 residents, employers, potential employees, employees, visitors,
6561 and consumers in the district, and of the public;
6662 (2) provide needed funding for the district to
6763 preserve, maintain, and enhance the economic health and vitality of
6864 the district territory as a community and business center;
6965 (3) promote the health, safety, welfare, and enjoyment
7066 of the public by providing pedestrian ways and by landscaping and
7167 developing certain areas in the district, which are necessary for
7268 the restoration, preservation, and enhancement of scenic beauty;
7369 and
7470 (4) provide for water, wastewater, drainage, road,
7571 transportation, and recreational facilities for the district.
7672 (e) Pedestrian ways along or across a street, whether at
7773 grade or above or below the surface, and street lighting, street
7874 landscaping, parking, and street art objects are parts of and
7975 necessary components of a street and are considered to be a street
8076 or road improvement.
8177 (f) The district will not act as the agent or
8278 instrumentality of any private interest even though the district
8379 will benefit many private interests as well as the public.
8480 Sec. 3982.0105. INITIAL DISTRICT TERRITORY. (a) The
8581 district is initially composed of the territory described by
8682 Section 2 of the Act enacting this chapter.
8783 (b) The boundaries and field notes contained in Section 2 of
8884 the Act enacting this chapter form a closure. A mistake in the
8985 field notes or in copying the field notes in the legislative process
9086 does not affect the district's:
9187 (1) organization, existence, or validity;
9288 (2) right to issue any type of bonds for the purposes
9389 for which the district is created or to pay the principal of and
9490 interest on the bonds;
9591 (3) right to impose or collect an assessment or tax; or
9692 (4) legality or operation.
9793 Sec. 3982.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
9894 All or any part of the area of the district is eligible to be
9995 included in:
10096 (1) a tax increment reinvestment zone created under
10197 Chapter 311, Tax Code;
10298 (2) a tax abatement reinvestment zone created under
10399 Chapter 312, Tax Code;
104100 (3) an enterprise zone created under Chapter 2303,
105101 Government Code; or
106102 (4) an industrial district created under Chapter 42,
107103 Local Government Code.
108104 Sec. 3982.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
109105 DISTRICTS LAW. Except as otherwise provided by this chapter,
110106 Chapter 375, Local Government Code, applies to the district.
111107 Sec. 3982.0108. CONSTRUCTION OF CHAPTER. This chapter
112108 shall be liberally construed in conformity with the findings and
113109 purposes stated in this chapter.
114110 Sec. 3982.0109. CONFLICTS OF LAW. This chapter prevails
115111 over any provision of general law, including a provision of Chapter
116112 375, Local Government Code, or Chapter 49, Water Code, that is in
117113 conflict or inconsistent with this chapter.
118114 SUBCHAPTER B. BOARD OF DIRECTORS
119- Sec. 3982.0201. GOVERNING BODY; TERMS. (a) The district
120- is governed by a board of five directors elected or appointed as
115+ Sec. 3982.0201. GOVERNING BODY; TERMS. (a) The district is
116+ governed by a board of five directors elected or appointed as
121117 provided by this chapter and Subchapter D, Chapter 49, Water Code.
122118 (b) Except as provided by Section 3982.0204, directors
123119 serve staggered four-year terms.
124120 Sec. 3982.0202. QUORUM. For purposes of determining the
125121 requirements for a quorum of the board, the following are not
126122 counted:
127123 (1) a board position vacant for any reason, including
128124 death, resignation, or disqualification; or
129125 (2) a director who is abstaining from participation in
130126 a vote because of a conflict of interest.
131127 Sec. 3982.0203. COMPENSATION. A director is entitled to
132128 receive fees of office and reimbursement for actual expenses as
133129 provided by Section 49.060, Water Code. Sections 375.069 and
134130 375.070, Local Government Code, do not apply to the board.
135131 Sec. 3982.0204. TEMPORARY DIRECTORS. (a) The temporary
136132 board consists of:
137133 (1) Alison Henderson;
138134 (2) Emily Lewis;
139135 (3) Vanessa Loftus;
140136 (4) Courtney Lundquist; and
141137 (5) Elizabeth Canfield.
142138 (b) The temporary or successor temporary directors shall
143139 hold an election to elect five permanent directors as provided by
144140 Section 49.102, Water Code.
145141 (c) Temporary directors serve until the earlier of:
146142 (1) the date permanent directors are elected under
147143 Subsection (b); or
148144 (2) the fourth anniversary of the effective date of
149145 the Act enacting this chapter.
150146 (d) If permanent directors have not been elected under
151147 Subsection (b) and the terms of the temporary directors have
152148 expired, successor temporary directors shall be appointed or
153149 reappointed as provided by Subsection (e) to serve terms that
154150 expire on the earlier of:
155151 (1) the date permanent directors are elected under
156152 Subsection (b); or
157153 (2) the fourth anniversary of the date of the
158154 appointment or reappointment.
159155 (e) If Subsection (d) applies, the owner or owners of a
160156 majority of the assessed value of the real property in the district
161157 may submit a petition to the Texas Commission on Environmental
162158 Quality requesting that the commission appoint as successor
163159 temporary directors the five persons named in the petition. The
164160 commission shall appoint as successor temporary directors the five
165161 persons named in the petition.
166162 SUBCHAPTER C. POWERS AND DUTIES
167163 Sec. 3982.0301. GENERAL POWERS AND DUTIES. The district
168164 has the powers and duties necessary to accomplish the purposes for
169165 which the district is created.
170- Sec. 3982.0302. IMPROVEMENT PROJECTS AND SERVICES.
171- (a) The district may provide, design, construct, acquire,
172- improve, relocate, operate, maintain, or finance an improvement
173- project or service using money available to the district, or
174- contract with a governmental or private entity to provide, design,
175- construct, acquire, improve, relocate, operate, maintain, or
176- finance an improvement project or service authorized under this
177- chapter or under Chapter 375, Local Government Code.
166+ Sec. 3982.0302. IMPROVEMENT PROJECTS AND SERVICES. (a)
167+ The district may provide, design, construct, acquire, improve,
168+ relocate, operate, maintain, or finance an improvement project or
169+ service using money available to the district, or contract with a
170+ governmental or private entity to provide, design, construct,
171+ acquire, improve, relocate, operate, maintain, or finance an
172+ improvement project or service authorized under this chapter or
173+ under Chapter 375, Local Government Code.
178174 (b) An improvement project described by Subsection (a) may
179175 be located inside or outside the district.
180176 Sec. 3982.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
181177 52, Article III, Texas Constitution, the district may own, operate,
182178 maintain, design, acquire, construct, finance, issue bonds, notes,
183179 or other obligations for, improve, and convey to this state, a
184180 county, or a municipality for ownership, operation, and maintenance
185181 macadamized, graveled, or paved roads or improvements, including
186182 storm drainage, in aid of those roads.
187183 Sec. 3982.0304. CONVEYANCE AND APPROVAL OF ROAD PROJECT.
188184 (a) The district may convey a road project authorized by Section
189185 3982.0303 to:
190186 (1) a municipality or county that will operate and
191187 maintain the road if the municipality or county has approved the
192188 plans and specifications of the road project; or
193189 (2) the state if the state will operate and maintain
194190 the road and the Texas Transportation Commission has approved the
195191 plans and specifications of the road project.
196192 (b) Except as provided by Subsection (c), the district shall
197193 operate and maintain a road project authorized by Section 3982.0303
198194 that the district implements and does not convey to a municipality,
199195 a county, or this state under Subsection (a).
200196 (c) The district may agree in writing with a municipality, a
201197 county, or this state to assign operation and maintenance duties to
202198 the district, the municipality, the county, or this state in a
203199 manner other than the manner described in Subsections (a) and (b).
204200 Sec. 3982.0305. DEVELOPMENT CORPORATION POWERS. The
205201 district, using money available to the district, may exercise the
206202 powers given to a development corporation under Chapter 505, Local
207203 Government Code, including the power to own, operate, acquire,
208204 construct, lease, improve, or maintain a project under that
209205 chapter.
210206 Sec. 3982.0306. NONPROFIT CORPORATION. (a) The board by
211207 resolution may authorize the creation of a nonprofit corporation to
212208 assist and act for the district in implementing a project or
213209 providing a service authorized by this chapter.
214210 (b) The nonprofit corporation:
215211 (1) has each power of and is considered to be a local
216212 government corporation created under Subchapter D, Chapter 431,
217213 Transportation Code; and
218214 (2) may implement any project and provide any service
219215 authorized by this chapter.
220216 (c) The board shall appoint the board of directors of the
221217 nonprofit corporation. The board of directors of the nonprofit
222218 corporation shall serve in the same manner as the board of directors
223219 of a local government corporation created under Subchapter D,
224220 Chapter 431, Transportation Code, except that a board member is not
225221 required to reside in the district.
226222 Sec. 3982.0307. AGREEMENTS; GRANTS. (a) As provided by
227223 Chapter 375, Local Government Code, the district may make an
228224 agreement with or accept a gift, grant, or loan from any person.
229225 (b) The implementation of a project is a governmental
230226 function or service for the purposes of Chapter 791, Government
231227 Code.
232228 Sec. 3982.0308. LAW ENFORCEMENT SERVICES. To protect the
233229 public interest, the district may contract with a qualified party,
234230 including the county, to provide law enforcement services in the
235231 district.
236232 Sec. 3982.0309. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
237233 The district may join and pay dues to a charitable or nonprofit
238234 organization that performs a service or provides an activity
239235 consistent with the furtherance of a district purpose.
240236 Sec. 3982.0310. ECONOMIC DEVELOPMENT. (a) The district
241237 may engage in activities that accomplish the economic development
242238 purposes of the district.
243239 (b) The district may establish and provide for the
244240 administration of one or more programs to promote state or local
245241 economic development and to stimulate business and commercial
246242 activity in the district, including programs to:
247243 (1) make loans and grants of public money; and
248244 (2) provide district personnel and services.
249245 (c) The district may create economic development programs
250246 and exercise the economic development powers provided to
251247 municipalities by:
252248 (1) Chapter 380, Local Government Code; and
253249 (2) Subchapter A, Chapter 1509, Government Code.
254250 Sec. 3982.0311. PARKING FACILITIES. (a) The district may
255251 acquire, lease as lessor or lessee, construct, develop, own,
256252 operate, and maintain parking facilities or a system of parking
257253 facilities, including lots, garages, parking terminals, or other
258254 structures or accommodations for parking motor vehicles off the
259255 streets and related appurtenances.
260256 (b) The district's parking facilities serve the public
261257 purposes of the district and are owned, used, and held for a public
262258 purpose even if leased or operated by a private entity for a term of
263259 years.
264260 (c) The district's parking facilities are parts of and
265261 necessary components of a street and are considered to be a street
266262 or road improvement.
267263 (d) The development and operation of the district's parking
268264 facilities may be considered an economic development program.
269265 Sec. 3982.0312. NO TOLL ROADS. The district may not
270266 construct, acquire, maintain, or operate a toll road.
271267 Sec. 3982.0313. RAIL FACILITIES. The district may
272268 construct, acquire, improve, maintain, and operate rail facilities
273269 and improvements in aid of those facilities.
274- Sec. 3982.0314. RURAL PUBLIC TRANSPORTATION POWERS.
275- (a) The district may provide and coordinate rural public
276- transportation in its territory in the manner provided by Sections
277- 458.010 and 458.011, Transportation Code, for a rural transit
278- district.
270+ Sec. 3982.0314. RURAL PUBLIC TRANSPORTATION POWERS. (a)
271+ The district may provide and coordinate rural public transportation
272+ in its territory in the manner provided by Sections 458.010 and
273+ 458.011, Transportation Code, for a rural transit district.
279274 (b) Section 458.012(a), Transportation Code, does not apply
280275 to the operations of the district under Subsection (a).
281276 Sec. 3982.0315. ANNEXATION OR EXCLUSION OF LAND. (a) The
282277 district may annex land as provided by Subchapter J, Chapter 49,
283278 Water Code.
284279 (b) The district may exclude land as provided by Subchapter
285280 J, Chapter 49, Water Code. Section 375.044(b), Local Government
286281 Code, does not apply to the district.
287- Sec. 3982.0316. DIVISION OF DISTRICT. (a) The district
288- may be divided into two or more new districts only if the district:
282+ Sec. 3982.0316. DIVISION OF DISTRICT. (a) The district may
283+ be divided into two or more new districts only if the district:
289284 (1) has no outstanding bonded debt; and
290285 (2) is not imposing ad valorem taxes.
291286 (b) This chapter applies to any new district created by the
292287 division of the district, and a new district has all the powers and
293288 duties of the district.
294289 (c) Any new district created by the division of the district
295290 may, at the time the new district is created, contain only:
296291 (1) land within the area described by Section 2 of the
297292 Act enacting this chapter; or
298293 (2) any land adjacent to the area described by Section
299294 2 of the Act enacting this chapter if that adjacent land is:
300295 (A) not within the extraterritorial jurisdiction
301296 of a municipality; or
302297 (B) within the extraterritorial jurisdiction of
303298 a municipality and that adjacent land has been approved for
304299 inclusion in the district under an ordinance or resolution adopted
305300 by the municipality consenting to the inclusion.
306301 (d) The board, on its own motion or on receipt of a petition
307302 signed by the owner or owners of a majority of the assessed value of
308303 the real property in the district, may adopt an order dividing the
309304 district.
310305 (e) The board may adopt an order dividing the district
311306 before or after the date the board holds an election under Section
312307 3982.0204 to elect the district's permanent directors.
313308 (f) An order dividing the district must:
314309 (1) name each new district;
315310 (2) include the metes and bounds description of the
316311 territory of each new district;
317312 (3) appoint temporary directors for each new district;
318313 and
319314 (4) provide for the division of assets and liabilities
320315 between or among the new districts.
321316 (g) On or before the 30th day after the date of adoption of
322317 an order dividing the district, the district shall file the order
323318 with the Texas Commission on Environmental Quality and record the
324319 order in the real property records of each county in which the
325320 district is located.
326321 (h) Any new district created by the division of the district
327322 shall hold a permanent directors' election as required by Section
328323 3982.0204.
329324 (i) Municipal consent by a municipality is not required for
330325 the creation of any new district created under this section.
331326 (j) Any new district created by the division of the district
332327 must hold an election as required by this chapter to obtain voter
333328 approval before the district may impose a maintenance tax or issue
334329 bonds payable wholly or partly from ad valorem taxes or sales and
335330 use taxes.
336331 (k) If the voters of a new district do not confirm the
337332 creation of the new district, the assets, obligations, territory,
338333 and governance of the new district revert to that of the original
339334 district.
340335 Sec. 3982.0317. NO EMINENT DOMAIN POWER. The district may
341336 not exercise the power of eminent domain.
342337 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
343338 Sec. 3982.0401. DISBURSEMENTS AND TRANSFERS OF MONEY. The
344339 board by resolution shall establish the number of directors'
345340 signatures and the procedure required for a disbursement or
346341 transfer of district money.
347342 Sec. 3982.0402. MONEY USED FOR IMPROVEMENTS OR SERVICES.
348343 The district may acquire, construct, finance, operate, or maintain
349344 any improvement or service authorized under this chapter or Chapter
350345 375, Local Government Code, using any money available to the
351346 district.
352347 Sec. 3982.0403. PETITION REQUIRED FOR FINANCING SERVICES
353- AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance
354- a service or improvement project with assessments under this
355- chapter unless a written petition requesting that service or
356- improvement has been filed with the board.
348+ AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
349+ service or improvement project with assessments under this chapter
350+ unless a written petition requesting that service or improvement
351+ has been filed with the board.
357352 (b) A petition filed under Subsection (a) must be signed by
358353 the owners of a majority of the assessed value of real property in
359354 the district subject to assessment according to the most recent
360355 certified tax appraisal roll for the county.
361- Sec. 3982.0404. ASSESSMENTS; LIENS FOR ASSESSMENTS.
362- (a) The board by resolution may impose and collect an assessment
363- for any purpose authorized by this chapter in all or any part of the
356+ Sec. 3982.0404. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
357+ The board by resolution may impose and collect an assessment for any
358+ purpose authorized by this chapter in all or any part of the
364359 district.
365360 (b) An assessment, a reassessment, or an assessment
366361 resulting from an addition to or correction of the assessment roll
367362 by the district, penalties and interest on an assessment or
368363 reassessment, an expense of collection, and reasonable attorney's
369364 fees incurred by the district:
370365 (1) are a first and prior lien against the property
371366 assessed;
372367 (2) are superior to any other lien or claim other than
373368 a lien or claim for county, school district, or municipal ad valorem
374369 taxes; and
375370 (3) are the personal liability of and a charge against
376371 the owners of the property even if the owners are not named in the
377372 assessment proceedings.
378373 (c) The lien is effective from the date of the board's
379374 resolution imposing the assessment until the date the assessment is
380375 paid. The board may enforce the lien in the same manner that the
381376 board may enforce an ad valorem tax lien against real property.
382377 (d) The board may make a correction to or deletion from the
383378 assessment roll that does not increase the amount of assessment of
384379 any parcel of land without providing notice and holding a hearing in
385380 the manner required for additional assessments.
386381 Sec. 3982.0405. RESIDENTIAL PROPERTY NOT EXEMPT. Section
387382 375.161, Local Government Code, does not apply to a tax authorized
388383 or approved by the voters of the district or a required payment for
389384 a service provided by the district, including water and sewer
390385 services.
391386 Sec. 3982.0406. COMPETITIVE BIDDING. Subchapter I, Chapter
392387 49, Water Code, applies to the district. Sections 375.221 and
393388 375.223, Local Government Code, do not apply to the district.
394389 Sec. 3982.0407. TAX AND ASSESSMENT ABATEMENTS. The
395390 district may designate reinvestment zones and may grant abatements
396391 of district taxes or assessments on property in the zones.
397392 SUBCHAPTER E. TAXES AND BONDS
398- Sec. 3982.0501. ELECTIONS REGARDING TAXES AND BONDS.
399- (a) The district may issue, without an election, bonds, notes, and
393+ Sec. 3982.0501. ELECTIONS REGARDING TAXES AND BONDS. (a)
394+ The district may issue, without an election, bonds, notes, and
400395 other obligations secured by:
401396 (1) revenue other than ad valorem taxes or sales and
402397 use taxes; or
403398 (2) contract payments described by Section 3982.0503.
404399 (b) The district must hold an election in the manner
405400 provided by Subchapter L, Chapter 375, Local Government Code, to
406401 obtain voter approval before the district may impose an ad valorem
407402 tax or issue bonds payable from ad valorem taxes.
408403 (c) Section 375.243, Local Government Code, does not apply
409404 to the district.
410405 (d) All or any part of any facilities or improvements that
411406 may be acquired by a district by the issuance of its bonds may be
412407 submitted as a single proposition or as several propositions to be
413408 voted on at the election.
414409 Sec. 3982.0502. OPERATION AND MAINTENANCE TAX. (a) If
415410 authorized by a majority of the district voters voting at an
416411 election held in accordance with Section 3982.0501, the district
417412 may impose an operation and maintenance tax on taxable property in
418413 the district in accordance with Section 49.107, Water Code, for any
419414 district purpose, including to:
420415 (1) maintain and operate the district;
421416 (2) construct or acquire improvements; or
422417 (3) provide a service.
423418 (b) The board shall determine the tax rate. The rate may not
424419 exceed the rate approved at the election.
425420 (c) Section 49.107(h), Water Code, does not apply to the
426421 district.
427422 Sec. 3982.0503. CONTRACT TAXES. (a) In accordance with
428423 Section 49.108, Water Code, the district may impose a tax other than
429424 an operation and maintenance tax and use the revenue derived from
430425 the tax to make payments under a contract after the provisions of
431426 the contract have been approved by a majority of the district voters
432427 voting at an election held for that purpose.
433428 (b) A contract approved by the district voters may contain a
434429 provision stating that the contract may be modified or amended by
435430 the board without further voter approval.
436431 Sec. 3982.0504. AUTHORITY TO BORROW MONEY AND TO ISSUE
437432 BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
438433 terms determined by the board. Section 375.205, Local Government
439434 Code, does not apply to a loan, line of credit, or other borrowing
440435 from a bank or financial institution secured by revenue other than
441436 ad valorem taxes.
442437 (b) The district may issue bonds, notes, or other
443438 obligations payable wholly or partly from ad valorem taxes,
444439 assessments, impact fees, revenue, contract payments, grants, or
445440 other district money, or any combination of those sources of money,
446441 to pay for any authorized district purpose.
447442 Sec. 3982.0505. TAXES FOR BONDS. At the time the district
448443 issues bonds payable wholly or partly from ad valorem taxes, the
449444 board shall provide for the annual imposition of a continuing
450445 direct annual ad valorem tax, without limit as to rate or amount,
451446 for each year that all or part of the bonds are outstanding as
452447 required and in the manner provided by Sections 54.601 and 54.602,
453448 Water Code.
454449 Sec. 3982.0506. BONDS FOR ROAD PROJECTS. At the time of
455450 issuance, the total principal amount of bonds or other obligations
456451 issued or incurred to finance road projects and payable from ad
457452 valorem taxes may not exceed one-fourth of the assessed value of the
458453 real property in the district.
459454 SUBCHAPTER F. SALES AND USE TAX
460455 Sec. 3982.0601. APPLICABILITY OF CERTAIN TAX CODE
461456 PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition,
462457 computation, administration, enforcement, and collection of the
463458 sales and use tax authorized by this subchapter except to the extent
464459 Chapter 321, Tax Code, is inconsistent with this chapter.
465460 (b) A reference in Chapter 321, Tax Code, to a municipality
466461 or the governing body of a municipality is a reference to the
467462 district or the board, respectively.
468463 Sec. 3982.0602. ELECTION; ADOPTION OF TAX. (a) The
469464 district may adopt a sales and use tax if authorized by a majority
470465 of the voters of the district voting at an election held for that
471466 purpose.
472467 (b) The board by order may call an election to authorize the
473468 adoption of the sales and use tax. The election may be held on any
474469 uniform election date and in conjunction with any other district
475470 election.
476471 (c) The ballot shall be printed to provide for voting for or
477472 against the proposition: "Authorization of a sales and use tax in
478473 the Plum Creek Management District No. 1 of Liberty County at a rate
479474 not to exceed ____ percent" (insert rate of one or more increments
480475 of one-eighth of one percent).
481- Sec. 3982.0603. SALES AND USE TAX RATE. (a) On or after
482- the date the results are declared of an election held under Section
476+ Sec. 3982.0603. SALES AND USE TAX RATE. (a) On or after the
477+ date the results are declared of an election held under Section
483478 3982.0602, at which the voters approved imposition of the tax
484479 authorized by this subchapter, the board shall determine and adopt
485480 by resolution or order the initial rate of the tax, which must be in
486481 one or more increments of one-eighth of one percent.
487482 (b) After the election held under Section 3982.0602, the
488483 board may increase or decrease the rate of the tax by one or more
489484 increments of one-eighth of one percent.
490485 (c) The initial rate of the tax or any rate resulting from
491486 subsequent increases or decreases may not exceed the lesser of:
492487 (1) the maximum rate authorized by the district voters
493488 at the election held under Section 3982.0602; or
494489 (2) a rate that, when added to the rates of all sales
495490 and use taxes imposed by other political subdivisions with
496491 territory in the district, would result in the maximum combined
497492 rate prescribed by Section 321.101(f), Tax Code, at any location in
498493 the district.
499494 Sec. 3982.0604. TAX AFTER MUNICIPAL ANNEXATION. (a) This
500495 section applies to the district after a municipality annexes part
501496 of the territory in the district and imposes the municipality's
502497 sales and use tax in the annexed territory.
503498 (b) If at the time of annexation the district has
504499 outstanding debt or other obligations payable wholly or partly from
505500 district sales and use tax revenue, Section 321.102(g), Tax Code,
506501 applies to the district.
507502 (c) If at the time of annexation the district does not have
508503 outstanding debt or other obligations payable wholly or partly from
509504 district sales and use tax revenue, the district may exclude the
510505 annexed territory from the district, if the district has no
511506 outstanding debt or other obligations payable from any source.
512507 Sec. 3982.0605. NOTIFICATION OF RATE CHANGE. The board
513508 shall notify the comptroller of any changes made to the tax rate
514509 under this subchapter in the same manner the municipal secretary
515510 provides notice to the comptroller under Section 321.405(b), Tax
516511 Code.
517512 Sec. 3982.0606. USE OF REVENUE. Revenue from the sales and
518513 use tax imposed under this subchapter is for the use and benefit of
519514 the district and may be used for any district purpose. The district
520515 may pledge all or part of the revenue to the payment of bonds,
521516 notes, or other obligations, and that pledge of revenue may be in
522517 combination with other revenue, including tax revenue, available to
523518 the district.
524519 Sec. 3982.0607. ABOLITION OF TAX. (a) Except as provided
525520 by Subsection (b), the board may abolish the tax imposed under this
526521 subchapter without an election.
527522 (b) The board may not abolish the tax imposed under this
528523 subchapter if the district has outstanding debt secured by the tax,
529524 and repayment of the debt would be impaired by the abolition of the
530525 tax.
531526 (c) If the board abolishes the tax, the board shall notify
532527 the comptroller of that action in the same manner the municipal
533528 secretary provides notice to the comptroller under Section
534529 321.405(b), Tax Code.
535530 (d) If the board abolishes the tax or decreases the tax rate
536531 to zero, a new election to authorize a sales and use tax must be held
537532 under Section 3982.0602 before the district may subsequently impose
538533 the tax.
539534 SUBCHAPTER G. DEFINED AREAS
540535 Sec. 3982.0701. AUTHORITY TO ESTABLISH DEFINED AREAS OR
541536 DESIGNATED PROPERTY. The district may define areas or designate
542537 certain property of the district to pay for improvements,
543538 facilities, or services that primarily benefit that area or
544539 property and do not generally and directly benefit the district as a
545540 whole.
546541 Sec. 3982.0702. PROCEDURE FOR ELECTION. (a) Before the
547542 district may impose an ad valorem tax or issue bonds payable from ad
548543 valorem taxes of the defined area or designated property, the board
549544 shall hold an election in the defined area or in the designated
550545 property only.
551546 (b) The board may submit the issues to the voters on the same
552547 ballot to be used in another election.
553- Sec. 3982.0703. DECLARING RESULT AND ISSUING ORDER.
554- (a) If a majority of the voters voting at the election approve the
548+ Sec. 3982.0703. DECLARING RESULT AND ISSUING ORDER. (a) If
549+ a majority of the voters voting at the election approve the
555550 proposition or propositions, the board shall declare the results
556551 and, by order, shall establish the defined area and describe it by
557552 metes and bounds or designate the specific property.
558553 (b) A court may not review the board's order except on the
559554 ground of fraud, palpable error, or arbitrary and confiscatory
560555 abuse of discretion.
561556 Sec. 3982.0704. TAXES FOR SERVICES, IMPROVEMENTS, AND
562557 FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
563558 approval and adoption of the order described by Section 3982.0703,
564559 the district may apply separately, differently, equitably, and
565560 specifically its taxing power and lien authority to the defined
566561 area or designated property to provide money to construct,
567562 administer, maintain, and operate services, improvements, and
568563 facilities that primarily benefit the defined area or designated
569564 property.
570565 Sec. 3982.0705. ISSUANCE OF BONDS FOR DEFINED AREA OR
571566 DESIGNATED PROPERTY. After the order under Section 3982.0703 is
572567 adopted, the district may issue bonds to provide for any land,
573568 improvements, facilities, plants, equipment, and appliances for
574569 the defined area or designated property.
575570 Sec. 3982.0706. ADDITION OR EXCLUSION OF LAND IN DEFINED
576571 AREA. The district may add or exclude land from the defined areas
577572 in the same manner the district may add or exclude land from the
578573 district.
579574 SECTION 2. The Plum Creek Management District No. 1 of
580575 Liberty County initially includes all territory contained in the
581576 following area:
582577 Being 2,774.31 acres of land situated in the James T. Dunman
583578 Survey, Abstract 167, the Willis McWilkinson Survey, Abstract 318,
584579 the H.T. & B. R.R. Co. Survey, Section 15, Abstract, the H.T. & B.
585580 R.R. Co. Survey, Section 14-1/2 also known as the W.R. Searcy
586581 Survey, Abstract 792, the H.T. & B. R.R. Co. Survey, Section 13-1/2,
587582 Abstract 635, the W. McWilkinson Survey, Abstract 317, the Charles
588583 Smith Survey, Abstract 350, the B.B.B. & C. Survey, Abstract 152,
589584 the James Darwin Survey, Abstract 176, the William H.B. Witham
590585 Survey, Abstract 395 and the Edward King Survey, Abstract 56 of
591586 Liberty County, Texas; being part of a called 7,750.32 acre tract
592587 conveyed to HF Houston Green Land, L.P. by Special Warranty Deed
593588 recorded under Clerk's File No. 2006-008098 of the Liberty County
594589 Official Public Records of Real Property; said 2,774.31 acres being
595590 part of a called 8,673.34 acre tract described in Certificate for
596591 Order Adding Land and Redefining Boundaries, document of which is
597592 recorded in Clerk's File No. 2009-115395 of the Montgomery County
598593 Official Public Records of Real Property and in Clerk's File
599594 No. 2009018027 of the Official Public Records of Liberty County,
600595 Texas; said 2,774.31 acres being comprised of three separate
601596 tracts, and more particularly described by the following metes and
602597 bounds, with all bearings being based on the calls of said 8,673.34
603598 acre tract;
604599 Tract 1 - 1,578.64 Acres
605600 COMMENCING at the most northerly northwest corner of a called
606601 1,122.98 acre parcel conveyed to HF Houston Green Land, L.P. by
607602 Special Warranty Deed recorded under Clerk's File No. 2006-119940
608603 of the Montgomery County Official Public Records of Real Property,
609604 same being the most northerly northwest corner of said 8,673.34
610605 acre parcel;
611606 THENCE, North 87 degrees 33 minutes 40 seconds East, 451.90
612607 feet along a northerly line of said 1,122.98 acre tract to an angle
613608 point in the northerly line of said 1,122.98 acre parcel;
614609 THENCE, North 87 degrees 05 minutes 50 seconds East, 2613.76
615610 feet along a northerly line of said 1,122.98 acre tract, to an angle
616611 point in the northerly line of said 1,122.98 acre parcel;
617612 THENCE, North 87 degrees 09 minutes 40 seconds East, 399.30
618613 feet along the north line of said 1,122.98 acre parcel and
619614 continuing along the north line of said 7,550.32 acre tract to a
620615 point for the northwest corner of a called 4,394.368 acre tract
621616 described in Special Warranty Deed recorded in Clerk's File
622617 No. 2016013974 of the Official Public Records of Liberty County,
623618 Texas;
624619 THENCE, along the common line of the remainder of said
625620 7,550.32 acre parcel and said adjoining 4,394.368 acre parcel, the
626621 following nine (9) courses and distances:
627622 1. South 05 degrees 07 minutes 37 seconds East, a distance
628623 of 85.52 feet to an angle point;
629624 2. South 06 degrees 55 minutes 52 seconds East, a distance
630625 of 1,062.76 feet to an angle point;
631626 3. South 16 degrees 56 minutes 21 seconds East, a distance
632627 of 421.03 feet to an angle point;
633628 4. South 25 degrees 57 minutes 46 seconds East, a distance
634629 of 451.32 feet to a point, beginning a curve to the right;
635630 5. With said curve to the right, having a central angle of 43
636631 degrees 59 minutes 15 seconds, an arc length of 383.86 feet, a
637632 radius of 500.00 feet, and a chord bearing South 03 degrees 58
638633 minutes 09 seconds East, 374.51 feet to a point;
639634 6. South 18 degrees 01 minute 29 seconds West, a distance of
640635 800.07 feet;
641636 7. South 20 degrees 09 minutes 01 second East, a distance of
642637 1,051.41 feet to the POINT OF BEGINNING and northwest corner of the
643638 herein described parcel, same being the westerly southwest corner
644639 of said adjoining 4,394.368 acre parcel;
645640 8. South 77 degrees 48 Minutes 38 seconds East, a distance
646641 of 12,787.72 feet to a point for the northeast corner of the herein
647642 described tract;
648643 9. South 10 degrees 28 minutes 05 seconds East, a distance
649644 of 6,647.77 feet to a point for the southeast corner of the herein
650645 described parcel and the remainder of said 7,550.32 acre parcel,
651646 same being the southwest corner of said adjoining 4,394.368 acre
652647 parcel;
653648 THENCE, South 87 degrees 49 minutes 10 seconds West along the
654649 south line of the herein described parcel and said 7,550.32 acre
655650 parcel, a distance of 2,580.31 feet to an angle point on said line;
656651 THENCE, South 87 degrees 28 minutes 44 seconds West
657652 continuing along the south line of the herein described parcel and
658653 said 7,550.32 acre parcel, a distance of 2,049.32 feet to a point
659654 for the lower southwest corner of the herein described parcel,
660655 being a point on the extraterritorial jurisdiction line of the City
661656 of Houston, said extraterritorial jurisdiction line being at this
662657 location an arc with a radius of 26,400 feet measured from a point
663658 on the west line of the John R. Rhea Survey, Abstract 62 of Harris
664659 County, located a distance of 2,500 feet north of the southwest
665660 corner of said John R. Rhea Survey, as described in City of Houston
666661 Ordinance No. 65-1905-A passed December 31, 1965 (Area No. 9),
667662 beginning a curve to the left;
668663 THENCE, with said curve to the left in said extraterritorial
669664 jurisdiction line, having a central angle of 05 degrees 16 minutes
670665 12 seconds, an arc length of 2,428.19 feet, a radius of 26,400.00
671666 feet, and a chord bearing North 69 degrees 04 minutes 40 seconds
672667 West, 2,427.33 feet to a point for corner in a west line of said
673668 7,550.32 acre parcel;
674669 THENCE, North 02 degrees 50 minutes 12 seconds West along the
675670 lower west line of the herein described parcel and said 7,550.32
676671 acre parcel, a distance of 2,539.52 feet to an angle point on said
677672 line;
678673 THENCE, North 02 degrees 38 minutes 21 seconds West
679674 continuing along the lower west line of the herein described parcel
680675 and said 7,550.32 acre parcel, a distance of 1,209.38 feet to a
681676 reentry point of the herein described parcel;
682677 THENCE, South 87 degrees 44 minutes 33 seconds West along a
683678 southerly line of the herein described parcel and said 7,550.32
684679 acre parcel, a distance of 4,800.59 feet to a point for corner on
685680 the common line of Liberty County and Harris County, as described on
686681 a map titled "A Resurvey of the Liberty-Montgomery, Liberty Harris
687682 and Montgomery-Harris County Lines" filed for record in Volume 7,
688683 Page 341 of the Montgomery County Deed Records;
689684 THENCE, North 20 degrees 09 minutes 01 seconds West along
690685 said common County Line, a distance of 5,329.52 feet to the POINT OF
691686 BEGINNING, CONTAINING 1,578.64 acres of land, more or less.
692687 Tract 2 - 138.36 Acres
693688 COMMENCING at the most northerly northwest corner of said
694689 1,122.98 acre parcel, same being the most northerly northwest
695690 corner of said 8,673.34 acre parcel;
696691 THENCE, South 71 degrees 45 minutes 13 seconds East, a
697692 distance of 33,168.33 feet to a point for the southeast corner and
698693 POINT OF BEGINNING of the herein described parcel, said point also
699694 being the easternmost southeast corner of a said 7,550.32 acre
700695 parcel;
701696 THENCE, South 87 degrees 51 minutes 07 seconds West along the
702697 lower south line of the herein described parcel, same being the
703698 easternmost upper south line of said 7,550.32 acre parcel, a
704699 distance of 2,339.90 feet to a point for the lower southwest corner
705700 of the herein described tract and the easternmost southwest corner
706701 of said 7,550.32 acre parcel;
707702 THENCE, North 01 degree 59 minutes 09 seconds West along the
708703 west line of the herein described parcel, same being the
709704 easternmost west line of said 7,550.32, a distance of 1,325.35 feet
710705 to a point for reentry corner of the herein described tract;
711706 THENCE, North 77 degrees 54 minutes 20 seconds West along the
712707 upper south line of the herein described tract, same being a
713708 southerly line of said 7,550.32 acre parcel, a distance of 219.24
714709 feet to an angle point on said line;
715710 THENCE, North 83 degrees 12 minutes 30 seconds West
716711 continuing along the upper south line of the herein described tract
717712 and said southerly line of said 7,550.32 acre parcel, a distance of
718713 422.76 feet to a point in the northerly high bank of Luce Bayou, for
719714 the upper southwest corner of the herein described parcel, said
720715 point also being in the southeast line of the aforementioned
721716 adjoining 4,394.368 acre parcel;
722717 THENCE, along the northerly bank of Luce Bayou, being the
723718 northwest line of the herein described parcel, same being the
724719 southeast line of said adjoining 4,394.368 acre parcel to points at
725720 the following twenty three (23) courses and distances:
726721 1. North 29 degrees 13 minutes 18 seconds East, a distance
727722 of 288.16 feet;
728723 2. North 22 degrees 54 minutes 55 seconds West, a distance
729724 of 25.58 feet;
730725 3. North 44 degrees 22 minutes 41 seconds West, a distance
731726 of 219.92 feet;
732727 4. North 40 degrees 51 minutes 59 seconds East, a distance
733728 of 265.77 feet;
734729 5. North 60 degrees 15 minutes 23 seconds East, a distance
735730 of 589.74 feet;
736731 6. North 76 degrees 20 minutes 59 seconds East, a distance
737732 of 207.09 feet;
738733 7. South 62 degrees 58 minutes 05 seconds East, a distance
739734 of 263.50 feet;
740735 8. South 85 degrees 04 minutes 58 seconds East, a distance
741736 of 129.39 feet;
742737 9. North 39 degrees 15 minutes 32 seconds East, a distance
743738 of 269.90 feet;
744739 10. South 44 degrees 12 minutes 23 seconds East, a distance
745740 of 367.63 feet;
746741 11. North 77 degrees 18 minutes 00 seconds East, a distance
747742 of 128.41 feet;
748743 12. South 15 degrees 35 minutes 40 seconds West, a distance
749744 of 42.57 feet;
750745 13. North 57 degrees 07 minutes 53 seconds East, a distance
751746 of 157.37 feet;
752747 14. South 62 degrees 07 minutes 28 seconds East, a distance
753748 of 105.88 feet;
754749 15. South 86 degrees 07 minutes 23 seconds East, a distance
755750 of 56.96 feet;
756751 16. North 08 degrees 28 minutes 03 seconds East, a distance
757752 of 165.00 feet;
758753 17. North 15 degrees 57 minutes 33 seconds East, a distance
759754 of 180.33 feet;
760755 18. North 81 degrees 29 minutes 31 seconds East, a distance
761756 of 92.83 feet;
762757 19. South 66 degrees 31 minutes 19 seconds East, a distance
763758 of 305.88 feet;
764759 20. North 71 degrees 59 minutes 48 seconds East, a distance
765760 of 90.95 feet;
766761 21. North 15 degrees 03 minutes 20 seconds East, a distance
767762 of 283.46 feet;
768763 22. North 38 degrees 50 minutes 41 seconds East, a distance
769764 of 262.89 feet;
770765 23. South 78 degrees 51 minutes 42 seconds East, a distance
771766 of 94.27 feet to a point for the northeast corner of the herein
772767 described parcel, being the easternmost northeast corner of the
773768 remainder of said 7,550.32 acre parcel, and also being the
774769 southeast corner of the aforementioned adjoining 4,394.368 acre
775770 parcel;
776771 THENCE, South 02 degrees 04 minutes 15 seconds East along the
777772 east line of the herein parcel, same being the east line of said
778773 7,550.32 acre parcel, a distance of 2,860.01 feet to the POINT OF
779774 BEGINNING, CONTAINING 138.36 acres of land, more or less.
780775 Tract 3 - 1,057.31 Acres
781776 COMMENCING at the most northerly northwest corner of said
782777 1,122.98 acre parcel, same being the most northerly northwest
783778 corner of said 8,673.34 acre parcel;
784779 THENCE, South 52 degrees 20 minutes 22 seconds East, a
785780 distance of 32,311.35 feet to a point for the lower southeast corner
786781 and POINT OF BEGINNING of the herein described parcel, said point
787782 also being the southernmost southeast corner of said 7,550.32 acre
788783 parcel;
789784 THENCE, South 87 degrees 56 minutes 51 seconds West along the
790785 south line of the herein described parcel, being the lower south
791786 line of said 7,550.32 acre parcel, a distance of 3,371.57 feet to a
792787 point for the lower southwest corner of the herein described
793788 parcel, being a point on the extraterritorial jurisdiction line of
794789 the City of Houston, said extraterritorial jurisdiction line being
795790 at this location an arc with a radius of 26,400 feet measured from a
796791 point on the west line of the John R. Rhea Survey, Abstract 62 of
797792 Harris County, said point located a distance of 2,500 feet north of
798793 the southwest corner of said John R. Rhea Survey, as described in
799794 City of Houston Ordinance No. 65-1905-A passed December 31, 1965
800795 (Area No. 9), beginning a curve to the left;
801796 THENCE, with said curve to the left in said extraterritorial
802797 jurisdiction line, having a central angle of 06 degrees 17 minutes
803798 49 seconds, an arc length of 2,901.41 feet, a radius of 26,400.00
804799 feet, and a chord bearing North 45 degrees 08 minutes 20 seconds
805800 West, 2,289.95 feet to a point for corner in a west line of said
806801 7,550.32 acre parcel;
807802 THENCE, North 01 degree 25 minutes 03 seconds West continuing
808803 along the west line of the herein described parcel and the lower
809804 west line of said 7,550.32 acre parcel, a distance of 4,042.73 feet
810805 to a point in the northerly high bank of Luce Bayou for the
811806 northwest corner of the herein described parcel, said point being
812807 the lower northwest corner of the remainder of said 7,550.32 acre
813808 parcel, and also being the south corner of the aforementioned
814809 adjoining 4,394.368 acre parcel;
815810 THENCE, along the northerly bank of Luce Bayou, being the
816811 northwest line of the herein described parcel and the lower
817812 northwest line of the remainder of said 7,550.32 acre parcel, same
818813 being the southeast line of said adjoining 4,394.368 acre parcel to
819814 points at the following sixty (60) courses and distances:
820815 1. North 61 degrees 21 minutes 26 seconds East, a distance
821816 of 55.62 feet;
822817 2. North 50 degrees 37 minutes 28 seconds East, a distance
823818 of 91.94 feet;
824819 3. North 35 degrees 59 minutes 28 seconds East, a distance
825820 of 90.11 feet;
826821 4. North 81 degrees 37 minutes 54 seconds East, a distance
827822 of 99.10 feet;
828823 5. North 57 degrees 51 minutes 37 seconds East, a distance
829824 of 158.16 feet;
830825 6. South 56 degrees 59 minutes 24 seconds East, a distance
831826 of 107.50 feet;
832827 7. South 36 degrees 14 minutes 37 seconds East, a distance
833828 of 159.52 feet;
834829 8. North 54 degrees 34 minutes 28 seconds East, a distance
835830 of 191.37 feet;
836831 9. South 77 degrees 54 minutes 48 seconds East, a distance
837832 of 173.87 feet;
838833 10. North 54 degrees 26 minutes 02 seconds East, a distance
839834 of 146.38 feet;
840835 11. North 62 degrees 41 minutes 22 seconds East, a distance
841836 of 232.93 feet;
842837 12. South 19 degrees 51 minutes 51 seconds East, a distance
843838 of 112.24 feet;
844839 13. North 82 degrees 24 minutes 12 seconds East, a distance
845840 of 94.78 feet;
846841 14. North 51 degrees 03 minutes 36 seconds East, a distance
847842 of 200.86 feet;
848843 15. North 66 degrees 08 minutes 09 seconds East, a distance
849844 of 169.04 feet;
850845 16. South 62 degrees 28 minutes 14 seconds East, a distance
851846 of 153.91 feet;
852847 17. North 38 degrees 34 minutes 21 seconds East, a distance
853848 of 106.95 feet;
854849 18. North 02 degrees 48 minutes 55 seconds East, a distance
855850 of 326.69 feet;
856851 19. South 45 degrees 23 minutes 50 seconds East, a distance
857852 of 219.28 feet;
858853 20. North 24 degrees 43 minutes 53 seconds East, a distance
859854 of 142.40 feet;
860855 21. North 62 degrees 19 minutes 52 seconds East, a distance
861856 of 252.61 feet;
862857 22. North 34 degrees 38 minutes 47 seconds East, a distance
863858 of 226.60 feet;
864859 23. North 42 degrees 20 minutes 23 seconds East, a distance
865860 of 357.69 feet;
866861 24. North 81 degrees 41 minutes 35 seconds East, a distance
867862 of 167.94 feet;
868863 25. North 32 degrees 37 minutes 57 seconds East, a distance
869864 of 401.87 feet;
870865 26. North 62 degrees 21 minutes 03 seconds East, a distance
871866 of 139.87 feet;
872867 27. South 52 degrees 41 minutes 51 seconds East, a distance
873868 of 149.90 feet;
874869 28. North 07 degrees 49 minutes 17 seconds East, a distance
875870 of 138.14 feet;
876871 29. North 11 degrees 25 minutes 11 seconds West, a distance
877872 of 282.21 feet;
878873 30. North 80 degrees 25 minutes 55 seconds East, a distance
879874 of 195.83 feet;
880875 31. North 57 degrees 50 minutes 39 seconds East, a distance
881876 of 119.95 feet;
882877 32. North 18 degrees 31 minutes 30 seconds East, a distance
883878 of 202.53 feet;
884879 33. North 41 degrees 32 minutes 27 seconds East, a distance
885880 of 107.50 feet;
886881 34. South 80 degrees 31 minutes 33 seconds East, a distance
887882 of 185.98 feet;
888883 35. South 03 degrees 41 minutes 25 seconds West, a distance
889884 of 146.64 feet;
890885 36. South 31 degrees 39 minutes 32 seconds East, a distance
891886 of 47.04 feet;
892887 37. North 80 degrees 27 minutes 52 seconds East, a distance
893888 of 49.59 feet;
894889 38. North 52 degrees 41 minutes 31 seconds East, a distance
895890 of 204.57 feet;
896891 39. North 43 degrees 52 minutes 42 seconds East, a distance
897892 of 154.18 feet;
898893 40. North 78 degrees 29 minutes 58 seconds East, a distance
899894 of 229.58 feet;
900895 41. South 38 degrees 31 minutes 15 seconds East, a distance
901896 of 139.79 feet;
902897 42. South 78 degrees 40 minutes 34 seconds East, a distance
903898 of 165.26 feet;
904899 43. North 18 degrees 05 minutes 01 second West, a distance
905900 of 120.75 feet;
906901 44. North 45 degrees 34 minutes 26 seconds East, a distance
907902 of 292.64 feet;
908903 45. North 24 degrees 08 minutes 01 second East, a distance
909904 of 235.02 feet;
910905 46. North 61 degrees 06 minutes 54 seconds East, a distance
911906 of 124.69 feet;
912907 47. North 27 degrees 51 minutes 51 seconds East, a distance
913908 of 181.98 feet;
914909 48. North 47 degrees 04 minutes 47 seconds East, a distance
915910 of 801.66 feet;
916911 49. South 01 degree 26 minutes 20 seconds East, a distance
917912 of 179.11 feet;
918913 50. South 07 degrees 16 minutes 18 seconds East, a distance
919914 of 40.74 feet;
920915 51. North 44 degrees 46 minutes 28 seconds East, a distance
921916 of 505.22 feet;
922917 52. North 59 degrees 29 minutes 52 seconds East, a distance
923918 of 639.36 feet;
924919 53. North 70 degrees 16 minutes 34 seconds East, a distance
925920 of 631.52 feet;
926921 54. South 26 degrees 38 minutes 58 seconds West, a distance
927922 of 119.89 feet;
928923 55. South 46 degrees 41 minutes 57 seconds East, a distance
929924 of 275.51 feet;
930925 56. North 29 degrees 00 minutes 30 seconds East, a distance
931926 of 443.82 feet;
932927 57. North 54 degrees 58 minutes 07 seconds East, a distance
933928 of 189.36 feet;
934929 58. South 63 degrees 53 minutes 28 seconds East, a distance
935930 of 100.65 feet;
936931 59. South 23 degrees 10 minutes 28 seconds East, a distance
937932 of 213.82 feet;
938933 60. North 65 degrees 05 minutes 26 seconds East, a distance
939934 of 76.57 feet to a point for the northeast corner of the herein
940935 described parcel, being the southernmost northeast corner of said
941936 7,550.32 acre parcel, and being in an eastern line of the
942937 aforementioned adjoining 4,394.368 acre parcel;
943938 THENCE, South 02 degrees 42 minutes 29 seconds East along the
944939 upper east line of the herein described parcel, being an east line
945940 of said 7,550.32 acre parcel, a distance of 3,277.76 feet to a point
946941 for the upper southeast corner of the herein described parcel,
947942 being a southeast corner of said 7,220.32 acre parcel;
948943 THENCE, South 87 degrees 37 minutes 48 seconds West along the
949944 upper south line of the herein described parcel, being a south line
950945 of said 7,550.32 acre parcel, a distance of 2,884.02 feet to a point
951946 for reentry corner of the herein described parcel and said 7,550.32
952947 acre parcel;
953948 THENCE, South 02 degrees 20 minutes 58 seconds East along the
954949 lower east line of the herein described parcel, being the
955950 southernmost east line of said 7,550.32 acre parcel, a distance of
956951 5,376.03 feet to an angle point on said line;
957952 THENCE, South 00 degrees 27 minutes 55 seconds West
958953 continuing along the lower east line of the herein described parcel
959954 and the southernmost east line of said 7,550.32 acre parcel, a
960955 distance of 1,540.65 feet to the POINT OF BEGINNING, CONTAINING
961956 1,057.31 acres of land, for a total of 2,774.31 acres in Liberty
962957 County, Texas as shown on drawing No. 12934 in the offices of Jones &
963958 Carter, Inc., Bellaire, Texas.
964959 SECTION 3. (a) The legal notice of the intention to
965960 introduce this Act, setting forth the general substance of this
966961 Act, has been published as provided by law, and the notice and a
967962 copy of this Act have been furnished to all persons, agencies,
968963 officials, or entities to which they are required to be furnished
969964 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
970965 Government Code.
971966 (b) The governor, one of the required recipients, has
972967 submitted the notice and Act to the Texas Commission on
973968 Environmental Quality.
974969 (c) The Texas Commission on Environmental Quality has filed
975970 its recommendations relating to this Act with the governor,
976971 lieutenant governor, and speaker of the house of representatives
977972 within the required time.
978973 (d) The general law relating to consent by political
979974 subdivisions to the creation of districts with conservation,
980975 reclamation, and road powers and the inclusion of land in those
981976 districts has been complied with.
982977 (e) All requirements of the constitution and laws of this
983978 state and the rules and procedures of the legislature with respect
984979 to the notice, introduction, and passage of this Act have been
985980 fulfilled and accomplished.
986981 SECTION 4. This Act takes effect immediately if it receives
987982 a vote of two-thirds of all the members elected to each house, as
988983 provided by Section 39, Article III, Texas Constitution. If this
989984 Act does not receive the vote necessary for immediate effect, this
990985 Act takes effect September 1, 2019.
991- * * * * *