Texas 2019 - 86th Regular

Texas Senate Bill SB2502 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2502
	1	+	By: Flores S.B. No. 2502
	2	+	(Nevárez)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the creation of the West Pecos Management District;
6	8		providing authority to issue bonds; providing authority to impose
7	9		assessments, fees, and taxes.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Subtitle C, Title 4, Special District Local Laws
10	12		Code, is amended by adding Chapter 3962 to read as follows:
11	13		CHAPTER 3962. WEST PECOS MANAGEMENT DISTRICT
12	14		SUBCHAPTER A. GENERAL PROVISIONS
13	15		Sec. 3962.0101. DEFINITIONS. In this chapter:
14	16		(1) "Board" means the district's board of directors.
15	17		(2) "City" means the City of Pecos.
16	18		(3) "County" means Reeves County.
17	19		(4) "Director" means a board member.
18	20		(5) "District" means the West Pecos Management
19	21		District.
20	22		(6) "School district" means Pecos-Barstow-Toyah
21	23		Independent School District.
22	24		Sec. 3962.0102. NATURE OF DISTRICT. The West Pecos
23	25		Management District is a special district created under Section 59,
24	26		Article XVI, Texas Constitution.
25	27		Sec. 3962.0103. PURPOSE; DECLARATION OF INTENT. (a) The
26	28		creation of the district is essential to accomplish the purposes of
27	29		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
28	30		Texas Constitution, and other public purposes stated in this
29	31		chapter.
30	32		(b) By creating the district and in authorizing the county,
31	33		the city, the school district, and other political subdivisions to
32	34		contract with the district, the legislature has established a
33	35		program to accomplish the public purposes set out in Section 52-a,
34	36		Article III, Texas Constitution.
35	37		(c) The creation of the district is necessary to promote,
36	38		develop, encourage, and maintain employment, commerce,
37	39		transportation, housing, tourism, recreation, the arts,
38	40		entertainment, economic development, safety, and the public
39	41		welfare in the district.
40	42		(d) This chapter and the creation of the district may not be
41	43		interpreted to relieve the county or the city from providing the
42	44		level of services provided as of the effective date of the Act
43	45		enacting this chapter to the area in the district. The district is
44	46		created to supplement and not to supplant county or city services
45	47		provided in the district.
46	48		Sec. 3962.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
47	49		(a) All land and other property included in the district will
48	50		benefit from the improvements and services to be provided by the
49	51		district under powers conferred by Sections 52 and 52-a, Article
50	52		III, and Section 59, Article XVI, Texas Constitution, and other
51	53		powers granted under this chapter.
52	54		(b) The district is created to serve a public use and
53	55		benefit.
54	56		(c) The creation of the district is in the public interest
55	57		and is essential to further the public purposes of:
56	58		(1) developing and diversifying the economy of the
57	59		state;
58	60		(2) eliminating unemployment and underemployment; and
59	61		(3) developing or expanding transportation and
60	62		commerce.
61	63		(d) The district will:
62	64		(1) promote the health, safety, and general welfare of
63	65		residents, employers, potential employees, employees, visitors,
64	66		and consumers in the district, and of the public;
65	67		(2) provide needed funding for the district to
66	68		preserve, maintain, and enhance the economic health and vitality of
67	69		the district territory as a community and business center;
68	70		(3) promote the health, safety, welfare, and enjoyment
69	71		of the public by providing pedestrian ways and by landscaping and
70	72		developing certain areas in the district, which are necessary for
71	73		the restoration, preservation, and enhancement of scenic beauty;
72	74		and
73	75		(4) provide for water, wastewater, drainage, and road
74	76		facilities for the district.
75	77		(e) Pedestrian ways along or across a street, whether at
76	78		grade or above or below the surface, and street lighting, street
77	79		landscaping, parking, and street art objects are parts of and
78	80		necessary components of a street and are considered to be a street
79	81		or road improvement.
80	82		(f) The district will not act as the agent or
81	83		instrumentality of any private interest even though the district
82	84		will benefit many private interests as well as the public.
83	85		Sec. 3962.0105. INITIAL DISTRICT TERRITORY. (a) The
84	86		district is initially composed of the territory described by
85	87		Section 2 of the Act enacting this chapter.
86	88		(b) The boundaries and field notes contained in Section 2 of
87	89		the Act enacting this chapter form a closure. A mistake in the
88	90		field notes or in copying the field notes in the legislative process
89	91		does not affect the district's:
90	92		(1) organization, existence, or validity;
91	93		(2) right to issue any type of bonds for the purposes
92	94		for which the district is created or to pay the principal of and
93	95		interest on the bonds;
94	96		(3) right to impose or collect an assessment or tax; or
95	97		(4) legality or operation.
96	98		Sec. 3962.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
97	99		All or any part of the area of the district is eligible to be
98	100		included in:
99	101		(1) a tax increment reinvestment zone created under
100	102		Chapter 311, Tax Code; or
101	103		(2) a tax abatement reinvestment zone created under
102	104		Chapter 312, Tax Code.
103	105		Sec. 3962.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
104	106		DISTRICTS LAW. Except as otherwise provided by this chapter,
105	107		Chapter 375, Local Government Code, applies to the district.
106	108		Sec. 3962.0108. CONSTRUCTION OF CHAPTER. This chapter
107	109		shall be liberally construed in conformity with the findings and
108	110		purposes stated in this chapter.
109	111		SUBCHAPTER B. BOARD OF DIRECTORS
110	112		Sec. 3962.0201. GOVERNING BODY; TERMS. The district is
111	113		governed by a board of seven voting directors who serve staggered
112	114		terms of four years with three or four directors' terms expiring
113	115		June 1 of each odd-numbered year.
114	116		Sec. 3962.0202. QUALIFICATIONS AND APPOINTMENT OF VOTING
115	117		DIRECTORS. (a) Section 375.063, Local Government Code, does not
116	118		apply to the district.
117	119		(b) To be qualified to serve as a director, a person must be
118	120		at least 18 years of age.
119	121		(c) The governing body of the city shall appoint five
120	122		directors from persons recommended by the board in the manner
121	123		provided by Section 375.064, Local Government Code, each of whom
122	124		must be:
123	125		(1) an owner of property in the district;
124	126		(2) an owner of a beneficial interest in a trust, or a
125	127		trustee in a trust, that directly or indirectly owns property in the
126	128		district; or
127	129		(3) an agent, employee, or tenant of a person
128	130		described by Subdivision (1) or (2).
129	131		(d) The governing body of the city and the governing body of
130	132		the county shall each appoint an additional director. A director
131	133		appointed under this subsection is not required to have a
132	134		qualification listed in Subsection (c).
133	135		Sec. 3962.0203. NONVOTING DIRECTORS. The board may appoint
134	136		representatives of taxing entities in the district to serve as
135	137		nonvoting directors.
136	138		Sec. 3962.0204. INITIAL DIRECTORS. (a) The governing body
137	139		of the city shall appoint five initial directors to Positions 1-5
138	140		who have the qualifications prescribed by Sections 3962.0202(b) and
139	141		(c).
140	142		(b) The governing body of the city shall appoint an initial
141	143		director to Position 6 and the governing body of the county shall
142	144		appoint an initial director to Position 7. Each director must have
143	145		the qualification prescribed by Section 3962.0202(b). An initial
144	146		director appointed under this subsection is not required to have a
145	147		qualification listed in Section 3962.0202(c).
146	148		(c) The terms of the initial directors in Positions 1
147	149		through 4 expire June 1, 2021, and the terms of the initial
148	150		directors in Positions 5 through 7 expire June 1, 2023.
149	151		(d) This section expires September 1, 2023.
150	152		SUBCHAPTER C. POWERS AND DUTIES
151	153		Sec. 3962.0301. GENERAL POWERS AND DUTIES. The district
152	154		has the powers and duties necessary to accomplish the purposes for
153	155		which the district is created.
154	156		Sec. 3962.0302. IMPROVEMENT PROJECTS AND SERVICES.
155	157		(a) The district, using any money available to the district for
156	158		the purpose, may provide, design, construct, acquire, improve,
157	159		relocate, operate, maintain, or finance an improvement project or
158	160		service authorized under this chapter or Chapter 375, Local
159	161		Government Code.
160	162		(b) The district may contract with a governmental or private
161	163		entity to carry out an action under Subsection (a).
162	164		(c) The implementation of a district project or service is a
163	165		governmental function or service for the purposes of Chapter 791,
164	166		Government Code.
165	167		(d) The city, the county, the school district, the Reeves
166	168		County Hospital District, and any other local government or
167	169		political subdivision may contract with the district to provide for
168	170		financing, construction, maintenance, and operation of public
169	171		infrastructure or to carry out a district purpose.
170	172		(e) The district may not undertake a project on land owned
171	173		by the city unless the city consents to the project.
172	174		Sec. 3962.0303. NONPROFIT CORPORATION. (a) The board by
173	175		resolution may authorize the creation of a nonprofit corporation to
174	176		assist and act for the district in implementing a project or
175	177		providing a service authorized by this chapter.
176	178		(b) The nonprofit corporation:
177	179		(1) has each power of and is considered to be a local
178	180		government corporation created under Subchapter D, Chapter 431,
179	181		Transportation Code; and
180	182		(2) may implement any project and provide any service
181	183		authorized by this chapter.
182	184		(c) The board shall appoint the board of directors of the
183	185		nonprofit corporation. The board of directors of the nonprofit
184	186		corporation shall serve in the same manner as the board of directors
185	187		of a local government corporation created under Subchapter D,
186	188		Chapter 431, Transportation Code, except that a board member is not
187	189		required to reside in the district.
188	190		Sec. 3962.0304. AUTHORITY TO CONTRACT FOR PUBLIC SAFETY
189	191		SERVICES. To protect the public interest, the district may
190	192		contract with a qualified party, including the city, the county, or
191	193		any other governmental entity to provide law enforcement, public
192	194		safety, fire protection, ambulance, emergency, or code enforcement
193	195		services in the district for a fee.
194	196		Sec. 3962.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
195	197		The district may join and pay dues to a charitable or nonprofit
196	198		organization that performs a service or provides an activity
197	199		consistent with the furtherance of a district purpose.
198	200		Sec. 3962.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
199	201		district may engage in activities that accomplish the economic
200	202		development purposes of the district.
201	203		(b) The district may establish and provide for the
202	204		administration of one or more programs to promote state or local
203	205		economic development and to stimulate business and commercial
204	206		activity in the district, including programs to:
205	207		(1) make loans and grants of public money; and
206	208		(2) provide district personnel and services.
207	209		(c) The district may create economic development programs
208	210		and exercise the economic development powers provided to
209	211		municipalities by:
210	212		(1) Chapter 380, Local Government Code; and
211	213		(2) Subchapter A, Chapter 1509, Government Code.
212	214		Sec. 3962.0307. PARKING FACILITIES. (a) The district may
213	215		acquire, lease as lessor or lessee, construct, develop, own,
214	216		operate, and maintain parking facilities or a system of parking
215	217		facilities, including lots, garages, parking terminals, or other
216	218		structures or accommodations for parking motor vehicles off the
217	219		streets and related appurtenances.
218	220		(b) The district's parking facilities serve the public
219	221		purposes of the district and are owned, used, and held for a public
220	222		purpose even if leased or operated by a private entity for a term of
221	223		years.
222	224		(c) The district's parking facilities are parts of and
223	225		necessary components of a street and are considered to be a street
224	226		or road improvement.
225	227		(d) The development and operation of the district's parking
226	228		facilities may be considered an economic development program.
227	229		Sec. 3962.0308. ADDING OR EXCLUDING LAND. The district may
228	230		add or exclude land in the manner provided by Subchapter J, Chapter
229	231		49, Water Code, or by Subchapter H, Chapter 54, Water Code.
230	232		Sec. 3962.0309. DISBURSEMENTS AND TRANSFERS OF MONEY. The
231	233		board by resolution shall establish the number of directors'
232	234		signatures and the procedure required for a disbursement or
233	235		transfer of district money.
234	236		Sec. 3962.0310. RESIDENTIAL PROPERTY NOT EXEMPT. Section
235	237		375.161, Local Government Code, does not apply to the district.
236	238		Sec. 3962.0311. NO EMINENT DOMAIN POWER. The district may
237	239		not exercise the power of eminent domain.
238	240		SUBCHAPTER D. ASSESSMENTS
239	241		Sec. 3962.0401. PETITION REQUIRED FOR FINANCING SERVICES
240	242		AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance
241	243		a service or improvement project with assessments under this
242	244		chapter unless a written petition requesting that service or
243	245		improvement has been filed with the board.
244	246		(b) A petition filed under Subsection (a) must be signed by
245	247		the owners of a majority of the assessed value of real property in
246	248		the district subject to assessment according to the most recent
247	249		certified tax appraisal roll for the county.
248	250		Sec. 3962.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS.
249	251		(a) The board by resolution may impose and collect an assessment
250	252		for any purpose authorized by this chapter in all or any part of the
251	253		district.
252	254		(b) An assessment, a reassessment, or an assessment
253	255		resulting from an addition to or correction of the assessment roll
254	256		by the district, penalties and interest on an assessment or
255	257		reassessment, an expense of collection, and reasonable attorney's
256	258		fees incurred by the district:
257	259		(1) are a first and prior lien against the property
258	260		assessed;
259	261		(2) are superior to any other lien or claim other than
260	262		a lien or claim for county, school district, or municipal ad valorem
261	263		taxes; and
262	264		(3) are the personal liability of and a charge against
263	265		the owners of the property even if the owners are not named in the
264	266		assessment proceedings.
265	267		(c) The lien is effective from the date of the board's
266	268		resolution imposing the assessment until the date the assessment is
267	269		paid. The board may enforce the lien in the same manner that the
268	270		board may enforce an ad valorem tax lien against real property.
269	271		(d) The board may make a correction to or deletion from the
270	272		assessment roll that does not increase the amount of assessment of
271	273		any parcel of land without providing notice and holding a hearing in
272	274		the manner required for additional assessments.
273	275		SUBCHAPTER E. TAXES AND BONDS
274	276		Sec. 3962.0501. TAX ELECTION REQUIRED. The district must
275	277		hold an election in the manner provided by Chapter 49, Water Code,
276	278		or, if applicable, Chapter 375, Local Government Code, to obtain
277	279		voter approval before the district may impose an ad valorem tax.
278	280		Sec. 3962.0502. OPERATION AND MAINTENANCE TAX. (a) If
279	281		authorized by a majority of the district voters voting at an
280	282		election under Section 3962.0501, the district may impose an
281	283		operation and maintenance tax on taxable property in the district
282	284		in the manner provided by Section 49.107, Water Code, for any
283	285		district purpose, including to:
284	286		(1) maintain and operate the district;
285	287		(2) construct or acquire improvements; or
286	288		(3) provide a service.
287	289		(b) The board shall determine the operation and maintenance
288	290		tax rate. The rate may not exceed the rate approved at the
289	291		election.
290	292		Sec. 3962.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
291	293		BONDS. (a) The district may borrow money on terms determined by
292	294		the board.
293	295		(b) The district may issue bonds, notes, or other
294	296		obligations payable wholly or partly from ad valorem taxes,
295	297		assessments, impact fees, revenue, contract payments, grants, or
296	298		other district money, or any combination of those sources of money,
297	299		to pay for any authorized district purpose.
298	300		Sec. 3962.0504. BONDS SECURED BY REVENUE OR CONTRACT
299	301		PAYMENTS. The district may issue, without an election, bonds
300	302		secured by:
301	303		(1) revenue other than ad valorem taxes, including
302	304		contract revenues; or
303	305		(2) contract payments, provided that the requirements
304	306		of Section 49.108, Water Code, have been met.
305	307		Sec. 3962.0505. BONDS SECURED BY AD VALOREM TAXES;
306	308		ELECTIONS. (a) If authorized at an election under Section
307	309		3962.0501, the district may issue bonds payable from ad valorem
308	310		taxes.
309	311		(b) Section 375.243, Local Government Code, does not apply
310	312		to the district.
311	313		(c) At the time the district issues bonds payable wholly or
312	314		partly from ad valorem taxes, the board shall provide for the annual
313	315		imposition of a continuing direct annual ad valorem tax, without
314	316		limit as to rate or amount, for each year that all or part of the
315	317		bonds are outstanding as required and in the manner provided by
316	318		Sections 54.601 and 54.602, Water Code.
317	319		(d) All or any part of any facilities or improvements that
318	320		may be acquired by a district by the issuance of its bonds may be
319	321		submitted as a single proposition or as several propositions to be
320	322		voted on at the election.
321	323		Sec. 3962.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
322	324		board may not issue bonds until the city has consented by ordinance
323	325		or resolution to the creation of the district and to the inclusion
324	326		of land in the district.
325	327		(b) This section applies only to the district's first
326	328		issuance of bonds payable from ad valorem taxes.
327	329		SUBCHAPTER F. DEFINED AREAS
328	330		Sec. 3962.0601. AUTHORITY TO ESTABLISH DEFINED AREAS OR
329	331		DESIGNATED PROPERTY. The district may define areas or designate
330	332		certain property of the district to pay for improvements,
331	333		facilities, or services that primarily benefit that area or
332	334		property and do not generally and directly benefit the district as a
333	335		whole.
334	336		Sec. 3962.0602. PROCEDURE FOR ELECTION. (a) Before the
335	337		district may impose an ad valorem tax applicable only to the defined
336	338		area or designated property or issue bonds payable from ad valorem
337	339		taxes of the defined area or designated property, the board shall
338	340		hold an election in the defined area or designated property only.
339	341		(b) The board may submit the proposition to the voters on
340	342		the same ballot to be used in another election.
341	343		Sec. 3962.0603. DECLARING RESULT AND ISSUING ORDER.
342	344		(a) If a majority of the voters voting at an election held under
343	345		Section 3962.0602 approve the proposition or propositions, the
344	346		board shall declare the results and, by order, shall establish the
345	347		defined area or designated property and describe it by metes and
346	348		bounds or designate the specific area or property.
347	349		(b) A court may not review the board's order except on the
348	350		ground of fraud, palpable error, or arbitrary and confiscatory
349	351		abuse of discretion.
350	352		Sec. 3962.0604. TAXES FOR SERVICES, IMPROVEMENTS, AND
351	353		FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
352	354		approval and adoption of an order described by Section 3962.0603,
353	355		the district may apply separately, differently, equitably, and
354	356		specifically its taxing power and lien authority to the defined
355	357		area or designated property to provide money to construct,
356	358		administer, maintain, and operate services, improvements, and
357	359		facilities that primarily benefit the defined area or designated
358	360		property.
359	361		Sec. 3962.0605. ISSUANCE OF BONDS FOR DEFINED AREA OR
360	362		DESIGNATED PROPERTY. After an order under Section 3962.0603 is
361	363		adopted, the district may issue bonds to provide for any land,
362	364		improvements, facilities, plants, equipment, and appliances for
363	365		the defined area or designated property.
364	366		SUBCHAPTER I. DISSOLUTION
365	367		Sec. 3962.0901. DISSOLUTION. (a) The board shall dissolve
366	368		the district on written petition filed with the board by the owners
367	369		of:
368	370		(1) 66 percent or more of the assessed value of the
369	371		property subject to assessment by the district based on the most
370	372		recent certified county property tax rolls; or
371	373		(2) 66 percent or more of the surface area of the
372	374		district, excluding roads, streets, highways, utility
373	375		rights-of-way, other public areas, and other property exempt from
374	376		assessment by the district according to the most recent certified
375	377		county property tax rolls.
376	378		(b) The board by majority vote may dissolve the district at
377	379		any time.
378	380		(c) The district may not be dissolved by its board under
379	381		Subsection (a) or (b) if the district:
380	382		(1) has any outstanding bonded indebtedness until that
381	383		bonded indebtedness has been repaid or defeased in accordance with
382	384		the order or resolution authorizing the issuance of the bonds;
383	385		(2) has a contractual obligation to pay money until
384	386		that obligation has been fully paid in accordance with the
385	387		contract; or
386	388		(3) owns, operates, or maintains public works,
387	389		facilities, or improvements unless the district contracts with
388	390		another person for the ownership, operation, or maintenance of the
389	391		public works, facilities, or improvements.
390	392		(d) Sections 375.261, 375.262, and 375.264, Local
391	393		Government Code, do not apply to the district.
392	394		SECTION 2. The West Pecos Management District initially
393	395		includes all territory contained in the following area:
394	396		Tract 1 - 620.00 Acres
395	397		FIELD NOTE DESCRIPTION OF 640.000 ACRES, MORE OR LESS, SAVE
396	398		AND EXCEPT 20.000 ACRES, IN THE H. & G. N. RR. CO. SURVEY, BLOCK 5,
397	399		SECTION 19, ABSTRACT 430, REEVES COUNTY, TEXAS IN A DEED TO EVANS I
398	400		LTD RECORDED IN VOLUME 538, PAGE 682, DRRCT (DEED RECORDS OF REEVES
399	401		COUNTY, TEXAS) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
400	402		BOUNDS AS FOLLOWS:
401	403		BEGINNING at a railroad spike found at the northwest corner
402	404		of said Section 19, in the south right-of-way line of Farm to Market
403	405		Road 204, also being the northeast corner of H. & G. N. RR. Co.
404	406		Survey, Block 5, Section 20, Abstract 3540, for the northwest
405	407		corner of this description;
406	408		THENCE leaving said Section 20, along the north line of said
407	409		Section 19, for the south line of said Farm to Market Road
408	410		right-of-way, S 77°11'26" E a distance of 5286.37 feet to a 2"
409	411		aluminum cap found at the northeast corner of said Section 19 and
410	412		the northwest corner of that tract called 162.70 acres in a deed to
411	413		Evans I Ltd, recorded in Volume 534, Page 130, DRRCT, also being the
412	414		northwest corner for H. & G. N. RR. Co. Survey, Block 5, Section 22,
413	415		Abstract 4987, for the northeast corner of this description;
414	416		THENCE along the east line of said Section 19, for the west
415	417		line of said Section 22, S 12°53'43" W a distance of 2776.45 feet
416	418		passing a 1/2" iron rod found at the southwest corner of said 162.70
417	419		acre tract, for a total of 5283.92 feet to a 2" iron pipe found at
418	420		the southeast corner of said Section 19, for the southwest corner of
419	421		said Section 22, also being the northeast corner of H. & G. N. RR.
420	422		Co. Survey, Block 5, Section 38, Abstract 1389, for the southeast
421	423		corner of this description;
422	424		THENCE along the south line of said Section 19, for the north
423	425		line of said Section 38, N 76°59'27" W a distance of 5282.11 feet to
424	426		a 1/2" iron rod set at the southwest corner of said Section 19, for
425	427		the northwest corner of said Section 38, Abstract 1124, also being
426	428		the southeast corner of said Section 20, for the southwest corner of
427	429		this description;
428	430		THENCE along the west line of said Section 19, for the east
429	431		line of said Section 20, N 12°50'56" E a distance of 5265.50 feet to
430	432		the POINT OF BEGINNING. There are 640.000 acres, more or less,
431	433		described in these field notes.
432	434		SAVE AND EXCEPT 20 ACRES:
433	435		BEGINNING at a 1 1/2" iron rod set in the south right-of-way
434	436		line of Farm to Market Road 204, in the north line of Section 19 from
435	437		which a 2" aluminum cap found at the northeast corner of said
436	438		Section 19 and the northwest corner of that tract called 162.70
437	439		acres in a deed to Evans I Ltd, recorded in Volume 534, Page 130,
438	440		DRRCT bears: S 77°11'26" E a distance of 40.00, for the northeast
439	441		corner of this description;
440	442		THENCE leaving Farm to Market Road right-of-way, with and 40
441	443		feet from the east line of Section 19, severing said 640 acre tract,
442	444		S 12°53'43" W a distance of 933.38 feet to a 1/2" iron rod set, for
443	445		the southeast corner of this description;
444	446		THENCE continuing across said Section 19, N 77°11'26" W a
445	447		distance of 933.38 feet to a 1/2" iron rod set, for the southwest
446	448		corner of this description;
447	449		THENCE N 12°53'43" E a distance of 933.38 feet to a 1/2" iron
448	450		rod set in the north line of said Section 19 and the south line of
449	451		said Farm to Market Road right-of-way, from which a railroad spike
450	452		found at the northwest corner of said Section 19 and the northeast
451	453		corner of H.& G. N. RR. Co. Survey, Block 5, Section 20, Abstract
452	454		3540, bears N 77°11'26" W a distance of 4312.99 feet;
453	455		THENCE along the north line of said Section 19, for the south
454	456		line of said right-of- way, S 77°11'26" E a distance of 933.38 feet
455	457		to the POINT OF BEGINNING. There are 20.000 acres, more or less,
456	458		described in these field notes.
457	459		Tract 2 - 513.56 Acres
458	460		BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING
459	461		513.67 ACRES OF LAND CONVEYED IN A WARRANTY DEED TO HIGHWAY 20
460	462		PROPERTIES, LLC, A TEXAS LIMITED LIABILITY COMPANY AND AS DESCRIBED
461	463		AND RECORDED IN VOLUME 785, PAGE 618 IN THE OFFICIAL PUBLIC RECORDS
462	464		OF REEVES COUNTY, TEXAS (OPRRCT) SAID TRACT LOCATED IN SECTION 76,
463	465		BLOCK 04, W.M. HIGGINS SURVEY, ABSTRACT NO. 3661 & SECTION 18, BLOCK
464	466		05, G.S. JOHNSON SURVEY, ABSTRACT NO. 1332 & SECTION 17, BLOCK 05,
465	467		H. & G.N. RR. CO. SURVEY, ABSTRACT NO. 429 ALL IN REEVES COUNTY,
466	468		TEXAS SAID 513.67 ACRE TRACT DESCRIBED MORE FULLY BY METES AND
467	469		BOUNDS AS FOLLOWS:
468	470		BEGINNING AT A 1/2" IRON ROD, CAPPED AND MARKED "TRANSGLOBAL
469	471		SERVICES", SET ON THE COMMON LINE OF SAID SECTION 18 AND SECTION 17
470	472		FOR A CORNER OF SAID 528.29 ACRE TRACT, FROM WHICH A 1/2" IRON ROD,
471	473		CAPPED AND MARKED "RPLS 2158" FOUND AT THE SOUTHEAST CORNER OF SAID
472	474		SECTION 18 AND THE SOUTHWEST CORNER OF SAID SECTION 17 BEARS S
473	475		32°39'40" E A DISTANCE OF 1319.48 FEET;
474	476		THENCE: N 77°11'40" W A DISTANCE OF 4662.73 FEET TO A 1/2" IRON
475	477		ROD, CAPPED AND MARKED "TRANSGLOBAL SERVICES" SET FOR A CORNER OF
476	478		SAID 528.29 ACRE TRACT;
477	479		THENCE: N 13°37'23" E A DISTANCE OF 741.23 FEET TO A 1/2" IRON
478	480		ROD, CAPPED AND MARKED "TRANSGLOBAL SERVICES" SET FOR A CORNER OF
479	481		SAID 528.29 ACRE TRACT;
480	482		THENCE: N 77°16'57" W A DISTANCE OF 679.21 FEET TO A 1/2" IRON
481	483		ROD, CAPPED AND MARKED "TRANSGLOBAL SERVICES" SET FOR A CORNER OF
482	484		SAID 528.29 ACRE TRACT;
483	485		THENCE: N 32°00'17" W A DISTANCE OF 1767.74 FEET TO A 1/2" IRON
484	486		ROD, CAPPED AND MARKED "TRANSGLOBAL SERVICES" SET FOR A CORNER OF
485	487		SAID 528.29 ACRE TRACT;
486	488		THENCE: N 69°42'16" E A DISTANCE OF 510.63 FEET TO A 1/2" IRON
487	489		ROD, CAPPED AND MARKED "TRUJILLO RPLS 5358" FOUND FOR A CORNER OF
488	490		SAID 528.29 ACRE TRACT;
489	491		THENCE: S 32°00'17" E A DISTANCE OF 1645.55 FEET TO A 1/2" IRON
490	492		ROD, CAPPED AND MARKED "TRUJILLO RPLS 5358" FOUND FOR A CORNER OF
491	493		SAID 528.29 ACRE TRACT;
492	494		THENCE: N 57°59'42" E A DISTANCE OF 3303.39 FEET TO A 1/2" IRON
493	495		ROD, CAPPED AND MARKED "TRUJILLO RPLS 5358" FOUND FOR A CORNER OF
494	496		SAID 528.29 ACRE TRACT;
495	497		THENCE: S 72°40'13" E A DISTANCE OF 2282.07 FEET TO A 1/2" IRON
496	498		ROD, CAPPED AND MARKED "TRANSGLOBAL SERVICES" SET FOR A CORNER OF
497	499		SAID 528.29 ACRE TRACT;
498	500		THENCE: S 12°52'49" W A DISTANCE OF 1537.42 FEET TO A 1/2" IRON
499	501		ROD, CAPPED AND MARKED "TRUJILLO RPLS 5358" FOUND FOR A CORNER OF
500	502		SAID 528.29 ACRE TRACT;
501	503		THENCE: S 77°07'10" E A DISTANCE OF 1320.00 FEET TO A RAILROAD
502	504		SPIKE FOUND FOR A CORNER OF SAID 528.29 ACRE TRACT;
503	505		THENCE: N 12°31'50" E A DISTANCE OF 879.27 FEET TO A 1/2" IRON
504	506		ROD, CAPPED AND MARKED "TRUJILLO RPLS 5358" FOUND FOR A CORNER OF
505	507		SAID 528.29 ACRE TRACT;
506	508		THENCE: S 77°20'53" E A DISTANCE OF 4733.55 FEET TO A 1/2" IRON
507	509		ROD, CAPPED AND MARKED "TRUJILLO RPLS 5358" FOUND FOR A CORNER OF
508	510		SAID 528.29 ACRE TRACT;
509	511		THENCE: S 12°35'02" W A DISTANCE OF 968.08 FEET TO A 1/2" IRON
510	512		PIN FOUND FOR A CORNER OF SAID 528.29 ACRE TRACT;
511	513		THENCE: N 78°06'01" W A DISTANCE OF 1169.78 FEET TO A 1/2" IRON
512	514		PIN FOUND FOR A CORNER OF SAID 528.29 ACRE TRACT;
513	515		THENCE: S 12°37'49" W A DISTANCE OF 775.60 FEET TO A 1/2" IRON
514	516		PIN FOUND FOR A CORNER OF SAID 528.29 ACRE TRACT;
515	517		THENCE: N 77°20'53" W A DISTANCE OF 3571.02 FEET TO A 1/2" IRON
516	518		ROD, CAPPED AND MARKED "TRUJILLO RPLS 5358" FOUND FOR A CORNER OF
517	519		SAID 528.29 ACRE TRACT;
518	520		THENCE: N 12°50'17" E A DISTANCE OF 101.51 FEET TO A POINT;
519	521		THENCE: N 76°48'14" W A DISTANCE OF 944.25 FEET TO A POINT;
520	522		THENCE: S 12°38'52" W A DISTANCE OF 942.79 FEET TO THE PLACE OF
521	523		BEGINNING OF THE HEREIN DESCRIBED TRACT, IN ALL CONTAINING 513.67
522	524		ACRES MORE OR LESS.
523	525		SECTION 3. (a) The legal notice of the intention to
524	526		introduce this Act, setting forth the general substance of this
525	527		Act, has been published as provided by law, and the notice and a
526	528		copy of this Act have been furnished to all persons, agencies,
527	529		officials, or entities to which they are required to be furnished
528	530		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
529	531		Government Code.
530	532		(b) The governor, one of the required recipients, has
531	533		submitted the notice and Act to the Texas Commission on
532	534		Environmental Quality.
533	535		(c) The Texas Commission on Environmental Quality has filed
534	536		its recommendations relating to this Act with the governor,
535	537		lieutenant governor, and speaker of the house of representatives
536	538		within the required time.
537	539		(d) All requirements of the constitution and laws of this
538	540		state and the rules and procedures of the legislature with respect
539	541		to the notice, introduction, and passage of this Act have been
540	542		fulfilled and accomplished.
541	543		SECTION 4. This Act takes effect immediately if it receives
542	544		a vote of two-thirds of all the members elected to each house, as
543	545		provided by Section 39, Article III, Texas Constitution. If this
544	546		Act does not receive the vote necessary for immediate effect, this
545	547		Act takes effect September 1, 2019.
546		-	______________________________ ______________________________
547		-	President of the Senate Speaker of the House
548		-	I hereby certify that S.B. No. 2502 passed the Senate on
549		-	April 23, 2019, by the following vote: Yeas 30, Nays 1.
550		-	______________________________
551		-	Secretary of the Senate
552		-	I hereby certify that S.B. No. 2502 passed the House on
553		-	May 17, 2019, by the following vote: Yeas 122, Nays 5, two
554		-	present not voting.
555		-	______________________________
556		-	Chief Clerk of the House
557		-	Approved:
558		-	______________________________
559		-	Date
560		-	______________________________
561		-	Governor