By: Nichols S.B. No. 2483
(In the Senate - Filed March 27, 2019; March 27, 2019, read
first time and referred to Committee on Intergovernmental
Relations; April 23, 2019, reported favorably by the following
vote: Yeas 6, Nays 0; April 23, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the creation of Plum Creek Management District No. 1 of
Liberty County; providing authority to issue bonds; providing
authority to impose assessments, fees, or taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3982 to read as follows:
CHAPTER 3982. PLUM CREEK MANAGEMENT DISTRICT NO. 1 OF LIBERTY
COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3982.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "County" means Liberty County.
(3) "Director" means a board member.
(4) "District" means the Plum Creek Management
District No. 1 of Liberty County.
Sec. 3982.0102. NATURE OF DISTRICT. The district is a
special district created under Section 59, Article XVI, Texas
Constitution.
Sec. 3982.0103. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the county and
other political subdivisions to contract with the district, the
legislature has established a program to accomplish the public
purposes set out in Section 52-a, Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve the county from providing the level of
services provided as of the effective date of the Act enacting this
chapter to the area in the district. The district is created to
supplement and not to supplant county services provided in the
district.
Sec. 3982.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment; and
(3) developing or expanding transportation and
commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center;
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty;
and
(4) provide for water, wastewater, drainage, road,
transportation, and recreational facilities for the district.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3982.0105. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bonds for the purposes
for which the district is created or to pay the principal of and
interest on the bonds;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3982.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code;
(3) an enterprise zone created under Chapter 2303,
Government Code; or
(4) an industrial district created under Chapter 42,
Local Government Code.
Sec. 3982.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3982.0108. CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
Sec. 3982.0109. CONFLICTS OF LAW. This chapter prevails
over any provision of general law, including a provision of Chapter
375, Local Government Code, or Chapter 49, Water Code, that is in
conflict or inconsistent with this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3982.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five directors elected or appointed as
provided by this chapter and Subchapter D, Chapter 49, Water Code.
(b) Except as provided by Section 3982.0204, directors
serve staggered four-year terms.
Sec. 3982.0202. QUORUM. For purposes of determining the
requirements for a quorum of the board, the following are not
counted:
(1) a board position vacant for any reason, including
death, resignation, or disqualification; or
(2) a director who is abstaining from participation in
a vote because of a conflict of interest.
Sec. 3982.0203. COMPENSATION. A director is entitled to
receive fees of office and reimbursement for actual expenses as
provided by Section 49.060, Water Code. Sections 375.069 and
375.070, Local Government Code, do not apply to the board.
Sec. 3982.0204. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Alison Henderson;
(2) Emily Lewis;
(3) Vanessa Loftus;
(4) Courtney Lundquist; and
(5) Elizabeth Canfield.
(b) The temporary or successor temporary directors shall
hold an election to elect five permanent directors as provided by
Section 49.102, Water Code.
(c) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Subsection (b); or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(d) If permanent directors have not been elected under
Subsection (b) and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (e) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Subsection (b); or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(e) If Subsection (d) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the Texas Commission on Environmental
Quality requesting that the commission appoint as successor
temporary directors the five persons named in the petition. The
commission shall appoint as successor temporary directors the five
persons named in the petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3982.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3982.0302. IMPROVEMENT PROJECTS AND SERVICES.
(a) The district may provide, design, construct, acquire,
improve, relocate, operate, maintain, or finance an improvement
project or service using money available to the district, or
contract with a governmental or private entity to provide, design,
construct, acquire, improve, relocate, operate, maintain, or
finance an improvement project or service authorized under this
chapter or under Chapter 375, Local Government Code.
(b) An improvement project described by Subsection (a) may
be located inside or outside the district.
Sec. 3982.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may own, operate,
maintain, design, acquire, construct, finance, issue bonds, notes,
or other obligations for, improve, and convey to this state, a
county, or a municipality for ownership, operation, and maintenance
macadamized, graveled, or paved roads or improvements, including
storm drainage, in aid of those roads.
Sec. 3982.0304. CONVEYANCE AND APPROVAL OF ROAD PROJECT.
(a) The district may convey a road project authorized by Section
3982.0303 to:
(1) a municipality or county that will operate and
maintain the road if the municipality or county has approved the
plans and specifications of the road project; or
(2) the state if the state will operate and maintain
the road and the Texas Transportation Commission has approved the
plans and specifications of the road project.
(b) Except as provided by Subsection (c), the district shall
operate and maintain a road project authorized by Section 3982.0303
that the district implements and does not convey to a municipality,
a county, or this state under Subsection (a).
(c) The district may agree in writing with a municipality, a
county, or this state to assign operation and maintenance duties to
the district, the municipality, the county, or this state in a
manner other than the manner described in Subsections (a) and (b).
Sec. 3982.0305. DEVELOPMENT CORPORATION POWERS. The
district, using money available to the district, may exercise the
powers given to a development corporation under Chapter 505, Local
Government Code, including the power to own, operate, acquire,
construct, lease, improve, or maintain a project under that
chapter.
Sec. 3982.0306. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered to be a local
government corporation created under Subchapter D, Chapter 431,
Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Subchapter D,
Chapter 431, Transportation Code, except that a board member is not
required to reside in the district.
Sec. 3982.0307. AGREEMENTS; GRANTS. (a) As provided by
Chapter 375, Local Government Code, the district may make an
agreement with or accept a gift, grant, or loan from any person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
Sec. 3982.0308. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the county, to provide law enforcement services in the
district.
Sec. 3982.0309. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
The district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 3982.0310. ECONOMIC DEVELOPMENT. (a) The district
may engage in activities that accomplish the economic development
purposes of the district.
(b) The district may establish and provide for the
administration of one or more programs to promote state or local
economic development and to stimulate business and commercial
activity in the district, including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(c) The district may create economic development programs
and exercise the economic development powers provided to
municipalities by:
(1) Chapter 380, Local Government Code; and
(2) Subchapter A, Chapter 1509, Government Code.
Sec. 3982.0311. PARKING FACILITIES. (a) The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain parking facilities or a system of parking
facilities, including lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
years.
(c) The district's parking facilities are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 3982.0312. NO TOLL ROADS. The district may not
construct, acquire, maintain, or operate a toll road.
Sec. 3982.0313. RAIL FACILITIES. The district may
construct, acquire, improve, maintain, and operate rail facilities
and improvements in aid of those facilities.
Sec. 3982.0314. RURAL PUBLIC TRANSPORTATION POWERS.
(a) The district may provide and coordinate rural public
transportation in its territory in the manner provided by Sections
458.010 and 458.011, Transportation Code, for a rural transit
district.
(b) Section 458.012(a), Transportation Code, does not apply
to the operations of the district under Subsection (a).
Sec. 3982.0315. ANNEXATION OR EXCLUSION OF LAND. (a) The
district may annex land as provided by Subchapter J, Chapter 49,
Water Code.
(b) The district may exclude land as provided by Subchapter
J, Chapter 49, Water Code. Section 375.044(b), Local Government
Code, does not apply to the district.
Sec. 3982.0316. DIVISION OF DISTRICT. (a) The district
may be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may, at the time the new district is created, contain only:
(1) land within the area described by Section 2 of the
Act enacting this chapter; or
(2) any land adjacent to the area described by Section
2 of the Act enacting this chapter if that adjacent land is:
(A) not within the extraterritorial jurisdiction
of a municipality; or
(B) within the extraterritorial jurisdiction of
a municipality and that adjacent land has been approved for
inclusion in the district under an ordinance or resolution adopted
by the municipality consenting to the inclusion.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
3982.0204 to elect the district's permanent directors.
(f) An order dividing the district must:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the Texas Commission on Environmental Quality and record the
order in the real property records of each county in which the
district is located.
(h) Any new district created by the division of the district
shall hold a permanent directors' election as required by Section
3982.0204.
(i) Municipal consent by a municipality is not required for
the creation of any new district created under this section.
(j) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes or sales and
use taxes.
(k) If the voters of a new district do not confirm the
creation of the new district, the assets, obligations, territory,
and governance of the new district revert to that of the original
district.
Sec. 3982.0317. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3982.0401. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of district money.
Sec. 3982.0402. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, finance, operate, or maintain
any improvement or service authorized under this chapter or Chapter
375, Local Government Code, using any money available to the
district.
Sec. 3982.0403. PETITION REQUIRED FOR FINANCING SERVICES
AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance
a service or improvement project with assessments under this
chapter unless a written petition requesting that service or
improvement has been filed with the board.
(b) A petition filed under Subsection (a) must be signed by
the owners of a majority of the assessed value of real property in
the district subject to assessment according to the most recent
certified tax appraisal roll for the county.
Sec. 3982.0404. ASSESSMENTS; LIENS FOR ASSESSMENTS.
(a) The board by resolution may impose and collect an assessment
for any purpose authorized by this chapter in all or any part of the
district.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
Sec. 3982.0405. RESIDENTIAL PROPERTY NOT EXEMPT. Section
375.161, Local Government Code, does not apply to a tax authorized
or approved by the voters of the district or a required payment for
a service provided by the district, including water and sewer
services.
Sec. 3982.0406. COMPETITIVE BIDDING. Subchapter I, Chapter
49, Water Code, applies to the district. Sections 375.221 and
375.223, Local Government Code, do not apply to the district.
Sec. 3982.0407. TAX AND ASSESSMENT ABATEMENTS. The
district may designate reinvestment zones and may grant abatements
of district taxes or assessments on property in the zones.
SUBCHAPTER E. TAXES AND BONDS
Sec. 3982.0501. ELECTIONS REGARDING TAXES AND BONDS.
(a) The district may issue, without an election, bonds, notes, and
other obligations secured by:
(1) revenue other than ad valorem taxes or sales and
use taxes; or
(2) contract payments described by Section 3982.0503.
(b) The district must hold an election in the manner
provided by Subchapter L, Chapter 375, Local Government Code, to
obtain voter approval before the district may impose an ad valorem
tax or issue bonds payable from ad valorem taxes.
(c) Section 375.243, Local Government Code, does not apply
to the district.
(d) All or any part of any facilities or improvements that
may be acquired by a district by the issuance of its bonds may be
submitted as a single proposition or as several propositions to be
voted on at the election.
Sec. 3982.0502. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election held in accordance with Section 3982.0501, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code, for any
district purpose, including to:
(1) maintain and operate the district;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
(c) Section 49.107(h), Water Code, does not apply to the
district.
Sec. 3982.0503. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
Sec. 3982.0504. AUTHORITY TO BORROW MONEY AND TO ISSUE
BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
terms determined by the board. Section 375.205, Local Government
Code, does not apply to a loan, line of credit, or other borrowing
from a bank or financial institution secured by revenue other than
ad valorem taxes.
(b) The district may issue bonds, notes, or other
obligations payable wholly or partly from ad valorem taxes,
assessments, impact fees, revenue, contract payments, grants, or
other district money, or any combination of those sources of money,
to pay for any authorized district purpose.
Sec. 3982.0505. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct annual ad valorem tax, without limit as to rate or amount,
for each year that all or part of the bonds are outstanding as
required and in the manner provided by Sections 54.601 and 54.602,
Water Code.
Sec. 3982.0506. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SUBCHAPTER F. SALES AND USE TAX
Sec. 3982.0601. APPLICABILITY OF CERTAIN TAX CODE
PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition,
computation, administration, enforcement, and collection of the
sales and use tax authorized by this subchapter except to the extent
Chapter 321, Tax Code, is inconsistent with this chapter.
(b) A reference in Chapter 321, Tax Code, to a municipality
or the governing body of a municipality is a reference to the
district or the board, respectively.
Sec. 3982.0602. ELECTION; ADOPTION OF TAX. (a) The
district may adopt a sales and use tax if authorized by a majority
of the voters of the district voting at an election held for that
purpose.
(b) The board by order may call an election to authorize the
adoption of the sales and use tax. The election may be held on any
uniform election date and in conjunction with any other district
election.
(c) The ballot shall be printed to provide for voting for or
against the proposition: "Authorization of a sales and use tax in
the Plum Creek Management District No. 1 of Liberty County at a rate
not to exceed ____ percent" (insert rate of one or more increments
of one-eighth of one percent).
Sec. 3982.0603. SALES AND USE TAX RATE. (a) On or after
the date the results are declared of an election held under Section
3982.0602, at which the voters approved imposition of the tax
authorized by this subchapter, the board shall determine and adopt
by resolution or order the initial rate of the tax, which must be in
one or more increments of one-eighth of one percent.
(b) After the election held under Section 3982.0602, the
board may increase or decrease the rate of the tax by one or more
increments of one-eighth of one percent.
(c) The initial rate of the tax or any rate resulting from
subsequent increases or decreases may not exceed the lesser of:
(1) the maximum rate authorized by the district voters
at the election held under Section 3982.0602; or
(2) a rate that, when added to the rates of all sales
and use taxes imposed by other political subdivisions with
territory in the district, would result in the maximum combined
rate prescribed by Section 321.101(f), Tax Code, at any location in
the district.
Sec. 3982.0604. TAX AFTER MUNICIPAL ANNEXATION. (a) This
section applies to the district after a municipality annexes part
of the territory in the district and imposes the municipality's
sales and use tax in the annexed territory.
(b) If at the time of annexation the district has
outstanding debt or other obligations payable wholly or partly from
district sales and use tax revenue, Section 321.102(g), Tax Code,
applies to the district.
(c) If at the time of annexation the district does not have
outstanding debt or other obligations payable wholly or partly from
district sales and use tax revenue, the district may exclude the
annexed territory from the district, if the district has no
outstanding debt or other obligations payable from any source.
Sec. 3982.0605. NOTIFICATION OF RATE CHANGE. The board
shall notify the comptroller of any changes made to the tax rate
under this subchapter in the same manner the municipal secretary
provides notice to the comptroller under Section 321.405(b), Tax
Code.
Sec. 3982.0606. USE OF REVENUE. Revenue from the sales and
use tax imposed under this subchapter is for the use and benefit of
the district and may be used for any district purpose. The district
may pledge all or part of the revenue to the payment of bonds,
notes, or other obligations, and that pledge of revenue may be in
combination with other revenue, including tax revenue, available to
the district.
Sec. 3982.0607. ABOLITION OF TAX. (a) Except as provided
by Subsection (b), the board may abolish the tax imposed under this
subchapter without an election.
(b) The board may not abolish the tax imposed under this
subchapter if the district has outstanding debt secured by the tax,
and repayment of the debt would be impaired by the abolition of the
tax.
(c) If the board abolishes the tax, the board shall notify
the comptroller of that action in the same manner the municipal
secretary provides notice to the comptroller under Section
321.405(b), Tax Code.
(d) If the board abolishes the tax or decreases the tax rate
to zero, a new election to authorize a sales and use tax must be held
under Section 3982.0602 before the district may subsequently impose
the tax.
SUBCHAPTER G. DEFINED AREAS
Sec. 3982.0701. AUTHORITY TO ESTABLISH DEFINED AREAS OR
DESIGNATED PROPERTY. The district may define areas or designate
certain property of the district to pay for improvements,
facilities, or services that primarily benefit that area or
property and do not generally and directly benefit the district as a
whole.
Sec. 3982.0702. PROCEDURE FOR ELECTION. (a) Before the
district may impose an ad valorem tax or issue bonds payable from ad
valorem taxes of the defined area or designated property, the board
shall hold an election in the defined area or in the designated
property only.
(b) The board may submit the issues to the voters on the same
ballot to be used in another election.
Sec. 3982.0703. DECLARING RESULT AND ISSUING ORDER.
(a) If a majority of the voters voting at the election approve the
proposition or propositions, the board shall declare the results
and, by order, shall establish the defined area and describe it by
metes and bounds or designate the specific property.
(b) A court may not review the board's order except on the
ground of fraud, palpable error, or arbitrary and confiscatory
abuse of discretion.
Sec. 3982.0704. TAXES FOR SERVICES, IMPROVEMENTS, AND
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
approval and adoption of the order described by Section 3982.0703,
the district may apply separately, differently, equitably, and
specifically its taxing power and lien authority to the defined
area or designated property to provide money to construct,
administer, maintain, and operate services, improvements, and
facilities that primarily benefit the defined area or designated
property.
Sec. 3982.0705. ISSUANCE OF BONDS FOR DEFINED AREA OR
DESIGNATED PROPERTY. After the order under Section 3982.0703 is
adopted, the district may issue bonds to provide for any land,
improvements, facilities, plants, equipment, and appliances for
the defined area or designated property.
Sec. 3982.0706. ADDITION OR EXCLUSION OF LAND IN DEFINED
AREA. The district may add or exclude land from the defined areas
in the same manner the district may add or exclude land from the
district.
SECTION 2. The Plum Creek Management District No. 1 of
Liberty County initially includes all territory contained in the
following area:
Being 2,774.31 acres of land situated in the James T. Dunman
Survey, Abstract 167, the Willis McWilkinson Survey, Abstract 318,
the H.T. & B. R.R. Co. Survey, Section 15, Abstract, the H.T. & B.
R.R. Co. Survey, Section 14-1/2 also known as the W.R. Searcy
Survey, Abstract 792, the H.T. & B. R.R. Co. Survey, Section 13-1/2,
Abstract 635, the W. McWilkinson Survey, Abstract 317, the Charles
Smith Survey, Abstract 350, the B.B.B. & C. Survey, Abstract 152,
the James Darwin Survey, Abstract 176, the William H.B. Witham
Survey, Abstract 395 and the Edward King Survey, Abstract 56 of
Liberty County, Texas; being part of a called 7,750.32 acre tract
conveyed to HF Houston Green Land, L.P. by Special Warranty Deed
recorded under Clerk's File No. 2006-008098 of the Liberty County
Official Public Records of Real Property; said 2,774.31 acres being
part of a called 8,673.34 acre tract described in Certificate for
Order Adding Land and Redefining Boundaries, document of which is
recorded in Clerk's File No. 2009-115395 of the Montgomery County
Official Public Records of Real Property and in Clerk's File
No. 2009018027 of the Official Public Records of Liberty County,
Texas; said 2,774.31 acres being comprised of three separate
tracts, and more particularly described by the following metes and
bounds, with all bearings being based on the calls of said 8,673.34
acre tract;
Tract 1 - 1,578.64 Acres
COMMENCING at the most northerly northwest corner of a called
1,122.98 acre parcel conveyed to HF Houston Green Land, L.P. by
Special Warranty Deed recorded under Clerk's File No. 2006-119940
of the Montgomery County Official Public Records of Real Property,
same being the most northerly northwest corner of said 8,673.34
acre parcel;
THENCE, North 87 degrees 33 minutes 40 seconds East, 451.90
feet along a northerly line of said 1,122.98 acre tract to an angle
point in the northerly line of said 1,122.98 acre parcel;
THENCE, North 87 degrees 05 minutes 50 seconds East, 2613.76
feet along a northerly line of said 1,122.98 acre tract, to an angle
point in the northerly line of said 1,122.98 acre parcel;
THENCE, North 87 degrees 09 minutes 40 seconds East, 399.30
feet along the north line of said 1,122.98 acre parcel and
continuing along the north line of said 7,550.32 acre tract to a
point for the northwest corner of a called 4,394.368 acre tract
described in Special Warranty Deed recorded in Clerk's File
No. 2016013974 of the Official Public Records of Liberty County,
Texas;
THENCE, along the common line of the remainder of said
7,550.32 acre parcel and said adjoining 4,394.368 acre parcel, the
following nine (9) courses and distances:
1. South 05 degrees 07 minutes 37 seconds East, a distance
of 85.52 feet to an angle point;
2. South 06 degrees 55 minutes 52 seconds East, a distance
of 1,062.76 feet to an angle point;
3. South 16 degrees 56 minutes 21 seconds East, a distance
of 421.03 feet to an angle point;
4. South 25 degrees 57 minutes 46 seconds East, a distance
of 451.32 feet to a point, beginning a curve to the right;
5. With said curve to the right, having a central angle of 43
degrees 59 minutes 15 seconds, an arc length of 383.86 feet, a
radius of 500.00 feet, and a chord bearing South 03 degrees 58
minutes 09 seconds East, 374.51 feet to a point;
6. South 18 degrees 01 minute 29 seconds West, a distance of
800.07 feet;
7. South 20 degrees 09 minutes 01 second East, a distance of
1,051.41 feet to the POINT OF BEGINNING and northwest corner of the
herein described parcel, same being the westerly southwest corner
of said adjoining 4,394.368 acre parcel;
8. South 77 degrees 48 Minutes 38 seconds East, a distance
of 12,787.72 feet to a point for the northeast corner of the herein
described tract;
9. South 10 degrees 28 minutes 05 seconds East, a distance
of 6,647.77 feet to a point for the southeast corner of the herein
described parcel and the remainder of said 7,550.32 acre parcel,
same being the southwest corner of said adjoining 4,394.368 acre
parcel;
THENCE, South 87 degrees 49 minutes 10 seconds West along the
south line of the herein described parcel and said 7,550.32 acre
parcel, a distance of 2,580.31 feet to an angle point on said line;
THENCE, South 87 degrees 28 minutes 44 seconds West
continuing along the south line of the herein described parcel and
said 7,550.32 acre parcel, a distance of 2,049.32 feet to a point
for the lower southwest corner of the herein described parcel,
being a point on the extraterritorial jurisdiction line of the City
of Houston, said extraterritorial jurisdiction line being at this
location an arc with a radius of 26,400 feet measured from a point
on the west line of the John R. Rhea Survey, Abstract 62 of Harris
County, located a distance of 2,500 feet north of the southwest
corner of said John R. Rhea Survey, as described in City of Houston
Ordinance No. 65-1905-A passed December 31, 1965 (Area No. 9),
beginning a curve to the left;
THENCE, with said curve to the left in said extraterritorial
jurisdiction line, having a central angle of 05 degrees 16 minutes
12 seconds, an arc length of 2,428.19 feet, a radius of 26,400.00
feet, and a chord bearing North 69 degrees 04 minutes 40 seconds
West, 2,427.33 feet to a point for corner in a west line of said
7,550.32 acre parcel;
THENCE, North 02 degrees 50 minutes 12 seconds West along the
lower west line of the herein described parcel and said 7,550.32
acre parcel, a distance of 2,539.52 feet to an angle point on said
line;
THENCE, North 02 degrees 38 minutes 21 seconds West
continuing along the lower west line of the herein described parcel
and said 7,550.32 acre parcel, a distance of 1,209.38 feet to a
reentry point of the herein described parcel;
THENCE, South 87 degrees 44 minutes 33 seconds West along a
southerly line of the herein described parcel and said 7,550.32
acre parcel, a distance of 4,800.59 feet to a point for corner on
the common line of Liberty County and Harris County, as described on
a map titled "A Resurvey of the Liberty-Montgomery, Liberty Harris
and Montgomery-Harris County Lines" filed for record in Volume 7,
Page 341 of the Montgomery County Deed Records;
THENCE, North 20 degrees 09 minutes 01 seconds West along
said common County Line, a distance of 5,329.52 feet to the POINT OF
BEGINNING, CONTAINING 1,578.64 acres of land, more or less.
Tract 2 - 138.36 Acres
COMMENCING at the most northerly northwest corner of said
1,122.98 acre parcel, same being the most northerly northwest
corner of said 8,673.34 acre parcel;
THENCE, South 71 degrees 45 minutes 13 seconds East, a
distance of 33,168.33 feet to a point for the southeast corner and
POINT OF BEGINNING of the herein described parcel, said point also
being the easternmost southeast corner of a said 7,550.32 acre
parcel;
THENCE, South 87 degrees 51 minutes 07 seconds West along the
lower south line of the herein described parcel, same being the
easternmost upper south line of said 7,550.32 acre parcel, a
distance of 2,339.90 feet to a point for the lower southwest corner
of the herein described tract and the easternmost southwest corner
of said 7,550.32 acre parcel;
THENCE, North 01 degree 59 minutes 09 seconds West along the
west line of the herein described parcel, same being the
easternmost west line of said 7,550.32, a distance of 1,325.35 feet
to a point for reentry corner of the herein described tract;
THENCE, North 77 degrees 54 minutes 20 seconds West along the
upper south line of the herein described tract, same being a
southerly line of said 7,550.32 acre parcel, a distance of 219.24
feet to an angle point on said line;
THENCE, North 83 degrees 12 minutes 30 seconds West
continuing along the upper south line of the herein described tract
and said southerly line of said 7,550.32 acre parcel, a distance of
422.76 feet to a point in the northerly high bank of Luce Bayou, for
the upper southwest corner of the herein described parcel, said
point also being in the southeast line of the aforementioned
adjoining 4,394.368 acre parcel;
THENCE, along the northerly bank of Luce Bayou, being the
northwest line of the herein described parcel, same being the
southeast line of said adjoining 4,394.368 acre parcel to points at
the following twenty three (23) courses and distances:
1. North 29 degrees 13 minutes 18 seconds East, a distance
of 288.16 feet;
2. North 22 degrees 54 minutes 55 seconds West, a distance
of 25.58 feet;
3. North 44 degrees 22 minutes 41 seconds West, a distance
of 219.92 feet;
4. North 40 degrees 51 minutes 59 seconds East, a distance
of 265.77 feet;
5. North 60 degrees 15 minutes 23 seconds East, a distance
of 589.74 feet;
6. North 76 degrees 20 minutes 59 seconds East, a distance
of 207.09 feet;
7. South 62 degrees 58 minutes 05 seconds East, a distance
of 263.50 feet;
8. South 85 degrees 04 minutes 58 seconds East, a distance
of 129.39 feet;
9. North 39 degrees 15 minutes 32 seconds East, a distance
of 269.90 feet;
10. South 44 degrees 12 minutes 23 seconds East, a distance
of 367.63 feet;
11. North 77 degrees 18 minutes 00 seconds East, a distance
of 128.41 feet;
12. South 15 degrees 35 minutes 40 seconds West, a distance
of 42.57 feet;
13. North 57 degrees 07 minutes 53 seconds East, a distance
of 157.37 feet;
14. South 62 degrees 07 minutes 28 seconds East, a distance
of 105.88 feet;
15. South 86 degrees 07 minutes 23 seconds East, a distance
of 56.96 feet;
16. North 08 degrees 28 minutes 03 seconds East, a distance
of 165.00 feet;
17. North 15 degrees 57 minutes 33 seconds East, a distance
of 180.33 feet;
18. North 81 degrees 29 minutes 31 seconds East, a distance
of 92.83 feet;
19. South 66 degrees 31 minutes 19 seconds East, a distance
of 305.88 feet;
20. North 71 degrees 59 minutes 48 seconds East, a distance
of 90.95 feet;
21. North 15 degrees 03 minutes 20 seconds East, a distance
of 283.46 feet;
22. North 38 degrees 50 minutes 41 seconds East, a distance
of 262.89 feet;
23. South 78 degrees 51 minutes 42 seconds East, a distance
of 94.27 feet to a point for the northeast corner of the herein
described parcel, being the easternmost northeast corner of the
remainder of said 7,550.32 acre parcel, and also being the
southeast corner of the aforementioned adjoining 4,394.368 acre
parcel;
THENCE, South 02 degrees 04 minutes 15 seconds East along the
east line of the herein parcel, same being the east line of said
7,550.32 acre parcel, a distance of 2,860.01 feet to the POINT OF
BEGINNING, CONTAINING 138.36 acres of land, more or less.
Tract 3 - 1,057.31 Acres
COMMENCING at the most northerly northwest corner of said
1,122.98 acre parcel, same being the most northerly northwest
corner of said 8,673.34 acre parcel;
THENCE, South 52 degrees 20 minutes 22 seconds East, a
distance of 32,311.35 feet to a point for the lower southeast corner
and POINT OF BEGINNING of the herein described parcel, said point
also being the southernmost southeast corner of said 7,550.32 acre
parcel;
THENCE, South 87 degrees 56 minutes 51 seconds West along the
south line of the herein described parcel, being the lower south
line of said 7,550.32 acre parcel, a distance of 3,371.57 feet to a
point for the lower southwest corner of the herein described
parcel, being a point on the extraterritorial jurisdiction line of
the City of Houston, said extraterritorial jurisdiction line being
at this location an arc with a radius of 26,400 feet measured from a
point on the west line of the John R. Rhea Survey, Abstract 62 of
Harris County, said point located a distance of 2,500 feet north of
the southwest corner of said John R. Rhea Survey, as described in
City of Houston Ordinance No. 65-1905-A passed December 31, 1965
(Area No. 9), beginning a curve to the left;
THENCE, with said curve to the left in said extraterritorial
jurisdiction line, having a central angle of 06 degrees 17 minutes
49 seconds, an arc length of 2,901.41 feet, a radius of 26,400.00
feet, and a chord bearing North 45 degrees 08 minutes 20 seconds
West, 2,289.95 feet to a point for corner in a west line of said
7,550.32 acre parcel;
THENCE, North 01 degree 25 minutes 03 seconds West continuing
along the west line of the herein described parcel and the lower
west line of said 7,550.32 acre parcel, a distance of 4,042.73 feet
to a point in the northerly high bank of Luce Bayou for the
northwest corner of the herein described parcel, said point being
the lower northwest corner of the remainder of said 7,550.32 acre
parcel, and also being the south corner of the aforementioned
adjoining 4,394.368 acre parcel;
THENCE, along the northerly bank of Luce Bayou, being the
northwest line of the herein described parcel and the lower
northwest line of the remainder of said 7,550.32 acre parcel, same
being the southeast line of said adjoining 4,394.368 acre parcel to
points at the following sixty (60) courses and distances:
1. North 61 degrees 21 minutes 26 seconds East, a distance
of 55.62 feet;
2. North 50 degrees 37 minutes 28 seconds East, a distance
of 91.94 feet;
3. North 35 degrees 59 minutes 28 seconds East, a distance
of 90.11 feet;
4. North 81 degrees 37 minutes 54 seconds East, a distance
of 99.10 feet;
5. North 57 degrees 51 minutes 37 seconds East, a distance
of 158.16 feet;
6. South 56 degrees 59 minutes 24 seconds East, a distance
of 107.50 feet;
7. South 36 degrees 14 minutes 37 seconds East, a distance
of 159.52 feet;
8. North 54 degrees 34 minutes 28 seconds East, a distance
of 191.37 feet;
9. South 77 degrees 54 minutes 48 seconds East, a distance
of 173.87 feet;
10. North 54 degrees 26 minutes 02 seconds East, a distance
of 146.38 feet;
11. North 62 degrees 41 minutes 22 seconds East, a distance
of 232.93 feet;
12. South 19 degrees 51 minutes 51 seconds East, a distance
of 112.24 feet;
13. North 82 degrees 24 minutes 12 seconds East, a distance
of 94.78 feet;
14. North 51 degrees 03 minutes 36 seconds East, a distance
of 200.86 feet;
15. North 66 degrees 08 minutes 09 seconds East, a distance
of 169.04 feet;
16. South 62 degrees 28 minutes 14 seconds East, a distance
of 153.91 feet;
17. North 38 degrees 34 minutes 21 seconds East, a distance
of 106.95 feet;
18. North 02 degrees 48 minutes 55 seconds East, a distance
of 326.69 feet;
19. South 45 degrees 23 minutes 50 seconds East, a distance
of 219.28 feet;
20. North 24 degrees 43 minutes 53 seconds East, a distance
of 142.40 feet;
21. North 62 degrees 19 minutes 52 seconds East, a distance
of 252.61 feet;
22. North 34 degrees 38 minutes 47 seconds East, a distance
of 226.60 feet;
23. North 42 degrees 20 minutes 23 seconds East, a distance
of 357.69 feet;
24. North 81 degrees 41 minutes 35 seconds East, a distance
of 167.94 feet;
25. North 32 degrees 37 minutes 57 seconds East, a distance
of 401.87 feet;
26. North 62 degrees 21 minutes 03 seconds East, a distance
of 139.87 feet;
27. South 52 degrees 41 minutes 51 seconds East, a distance
of 149.90 feet;
28. North 07 degrees 49 minutes 17 seconds East, a distance
of 138.14 feet;
29. North 11 degrees 25 minutes 11 seconds West, a distance
of 282.21 feet;
30. North 80 degrees 25 minutes 55 seconds East, a distance
of 195.83 feet;
31. North 57 degrees 50 minutes 39 seconds East, a distance
of 119.95 feet;
32. North 18 degrees 31 minutes 30 seconds East, a distance
of 202.53 feet;
33. North 41 degrees 32 minutes 27 seconds East, a distance
of 107.50 feet;
34. South 80 degrees 31 minutes 33 seconds East, a distance
of 185.98 feet;
35. South 03 degrees 41 minutes 25 seconds West, a distance
of 146.64 feet;
36. South 31 degrees 39 minutes 32 seconds East, a distance
of 47.04 feet;
37. North 80 degrees 27 minutes 52 seconds East, a distance
of 49.59 feet;
38. North 52 degrees 41 minutes 31 seconds East, a distance
of 204.57 feet;
39. North 43 degrees 52 minutes 42 seconds East, a distance
of 154.18 feet;
40. North 78 degrees 29 minutes 58 seconds East, a distance
of 229.58 feet;
41. South 38 degrees 31 minutes 15 seconds East, a distance
of 139.79 feet;
42. South 78 degrees 40 minutes 34 seconds East, a distance
of 165.26 feet;
43. North 18 degrees 05 minutes 01 second West, a distance
of 120.75 feet;
44. North 45 degrees 34 minutes 26 seconds East, a distance
of 292.64 feet;
45. North 24 degrees 08 minutes 01 second East, a distance
of 235.02 feet;
46. North 61 degrees 06 minutes 54 seconds East, a distance
of 124.69 feet;
47. North 27 degrees 51 minutes 51 seconds East, a distance
of 181.98 feet;
48. North 47 degrees 04 minutes 47 seconds East, a distance
of 801.66 feet;
49. South 01 degree 26 minutes 20 seconds East, a distance
of 179.11 feet;
50. South 07 degrees 16 minutes 18 seconds East, a distance
of 40.74 feet;
51. North 44 degrees 46 minutes 28 seconds East, a distance
of 505.22 feet;
52. North 59 degrees 29 minutes 52 seconds East, a distance
of 639.36 feet;
53. North 70 degrees 16 minutes 34 seconds East, a distance
of 631.52 feet;
54. South 26 degrees 38 minutes 58 seconds West, a distance
of 119.89 feet;
55. South 46 degrees 41 minutes 57 seconds East, a distance
of 275.51 feet;
56. North 29 degrees 00 minutes 30 seconds East, a distance
of 443.82 feet;
57. North 54 degrees 58 minutes 07 seconds East, a distance
of 189.36 feet;
58. South 63 degrees 53 minutes 28 seconds East, a distance
of 100.65 feet;
59. South 23 degrees 10 minutes 28 seconds East, a distance
of 213.82 feet;
60. North 65 degrees 05 minutes 26 seconds East, a distance
of 76.57 feet to a point for the northeast corner of the herein
described parcel, being the southernmost northeast corner of said
7,550.32 acre parcel, and being in an eastern line of the
aforementioned adjoining 4,394.368 acre parcel;
THENCE, South 02 degrees 42 minutes 29 seconds East along the
upper east line of the herein described parcel, being an east line
of said 7,550.32 acre parcel, a distance of 3,277.76 feet to a point
for the upper southeast corner of the herein described parcel,
being a southeast corner of said 7,220.32 acre parcel;
THENCE, South 87 degrees 37 minutes 48 seconds West along the
upper south line of the herein described parcel, being a south line
of said 7,550.32 acre parcel, a distance of 2,884.02 feet to a point
for reentry corner of the herein described parcel and said 7,550.32
acre parcel;
THENCE, South 02 degrees 20 minutes 58 seconds East along the
lower east line of the herein described parcel, being the
southernmost east line of said 7,550.32 acre parcel, a distance of
5,376.03 feet to an angle point on said line;
THENCE, South 00 degrees 27 minutes 55 seconds West
continuing along the lower east line of the herein described parcel
and the southernmost east line of said 7,550.32 acre parcel, a
distance of 1,540.65 feet to the POINT OF BEGINNING, CONTAINING
1,057.31 acres of land, for a total of 2,774.31 acres in Liberty
County, Texas as shown on drawing No. 12934 in the offices of Jones &
Carter, Inc., Bellaire, Texas.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) The general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with.
(e) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act have been
fulfilled and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
* * * * *