Texas 2021 - 87th Regular

Texas House Bill HB4605 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4605
	1	+	By: Bailes (Senate Sponsor - Schwertner) H.B. No. 4605
	2	+	(In the Senate - Received from the House May 17, 2021;
	3	+	May 17, 2021, read first time and referred to Committee on Local
	4	+	Government; May 21, 2021, reported favorably by the following
	5	+	vote: Yeas 7, Nays 0; May 21, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the creation of the New Waverly Municipal Management
6	12		District No. 1; providing authority to issue bonds and impose
7	13		assessments, fees, and taxes.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Subtitle C, Title 4, Special District Local Laws
10	16		Code, is amended by adding Chapter 3992 to read as follows:
11	17		CHAPTER 3992. NEW WAVERLY MUNICIPAL MANAGEMENT DISTRICT NO. 1
12	18		SUBCHAPTER A. GENERAL PROVISIONS
13	19		Sec. 3992.0101. DEFINITIONS. In this chapter:
14	20		(1) "Board" means the district's board of directors.
15	21		(2) "City" means the City of New Waverly, Texas.
16	22		(3) "Commission" means the Texas Commission on
17	23		Environmental Quality.
18	24		(4) "Director" means a board member.
19	25		(5) "District" means the New Waverly Municipal
20	26		Management District No. 1.
21	27		Sec. 3992.0102. CREATION AND NATURE OF DISTRICT. The
22	28		district is a special district created under Sections 52 and 52-a,
23	29		Article III, and Section 59, Article XVI, Texas Constitution.
24	30		Sec. 3992.0103. PURPOSE; LEGISLATIVE FINDINGS. (a) The
25	31		creation of the district is essential to accomplish the purposes of
26	32		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
27	33		Texas Constitution, and other public purposes stated in this
28	34		chapter. By creating the district and in authorizing the city and
29	35		other political subdivisions to contract with the district, the
30	36		legislature has established a program to accomplish the public
31	37		purposes set out in Section 52-a, Article III, Texas Constitution.
32	38		(b) The creation of the district is necessary to promote,
33	39		develop, encourage, and maintain employment, commerce,
34	40		transportation, housing, tourism, recreation, the arts,
35	41		entertainment, economic development, safety, and the public
36	42		welfare in the district.
37	43		(c) This chapter and the creation of the district may not be
38	44		interpreted to relieve the city from providing the level of
39	45		services provided to the area in the district as of the effective
40	46		date of the Act enacting this chapter. The district is created to
41	47		supplement and not to supplant the city services provided in the
42	48		district.
43	49		Sec. 3992.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
44	50		(a) The district is created to serve a public use and benefit.
45	51		(b) All land and other property included in the district
46	52		will benefit from the improvements and services to be provided by
47	53		the district under powers conferred by Sections 52 and 52-a,
48	54		Article III, and Section 59, Article XVI, Texas Constitution, and
49	55		other powers granted under this chapter.
50	56		(c) The district is created to accomplish the purposes of a
51	57		municipal management district as provided by general law and
52	58		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
53	59		Texas Constitution.
54	60		(d) The creation of the district is in the public interest
55	61		and is essential to:
56	62		(1) further the public purposes of developing and
57	63		diversifying the economy of the state;
58	64		(2) eliminate unemployment and underemployment;
59	65		(3) develop or expand transportation and commerce; and
60	66		(4) provide quality residential housing.
61	67		(e) The district will:
62	68		(1) promote the health, safety, and general welfare of
63	69		residents, employers, potential employees, employees, visitors,
64	70		and consumers in the district, and of the public;
65	71		(2) provide needed funding for the district to
66	72		preserve, maintain, and enhance the economic health and vitality of
67	73		the district territory as a community and business center;
68	74		(3) promote the health, safety, welfare, and enjoyment
69	75		of the public by providing pedestrian ways and by landscaping and
70	76		developing certain areas in the district, which are necessary for
71	77		the restoration, preservation, and enhancement of scenic beauty;
72	78		and
73	79		(4) provide for water, wastewater, drainage, road, and
74	80		recreational facilities for the district.
75	81		(f) Pedestrian ways along or across a street, whether at
76	82		grade or above or below the surface, and street lighting, street
77	83		landscaping, parking, and street art objects are parts of and
78	84		necessary components of a street and are considered to be a street
79	85		or road improvement.
80	86		(g) The district will not act as the agent or
81	87		instrumentality of any private interest even though the district
82	88		will benefit many private interests as well as the public.
83	89		Sec. 3992.0105. DISTRICT TERRITORY. (a) The district is
84	90		composed of the territory described by Section 2 of the Act enacting
85	91		this chapter, as that territory may have been modified under other
86	92		law.
87	93		(b) The boundaries and field notes contained in Section 2 of
88	94		the Act enacting this chapter form a closure. A mistake in the
89	95		field notes or in copying the field notes in the legislative process
90	96		does not affect the district's:
91	97		(1) organization, existence, or validity;
92	98		(2) right to contract;
93	99		(3) authority to borrow money or issue bonds or other
94	100		obligations or to pay the principal and interest of the bonds or
95	101		other obligations;
96	102		(4) right to impose or collect an assessment, or
97	103		collect other revenue; or
98	104		(5) legality or operation.
99	105		Sec. 3992.0106. APPLICABILITY OF MUNICIPAL MANAGEMENT
100	106		DISTRICTS LAW. Except as otherwise provided by this chapter,
101	107		Chapter 375, Local Government Code, applies to the district.
102	108		Sec. 3992.0107. CONSTRUCTION OF CHAPTER. This chapter
103	109		shall be liberally construed in conformity with the findings and
104	110		purposes stated in this chapter.
105	111		Sec. 3992.0108. CONFLICTS OF LAW. This chapter prevails
106	112		over any provision of Chapter 375, Local Government Code, that is in
107	113		conflict or inconsistent with this chapter.
108	114		Sec. 3992.0109. CONSENT OF MUNICIPALITY REQUIRED. The
109	115		board may not hold an election to authorize the issuance of bonds
110	116		until the governing body of the city by ordinance or resolution
111	117		consents to the creation of the district and to the inclusion of
112	118		land in the district. The city's consent must be granted in the
113	119		manner provided by Section 54.016, Water Code, for including land
114	120		within the corporate limits or extraterritorial jurisdiction of a
115	121		city.
116	122		SUBCHAPTER B. BOARD OF DIRECTORS
117	123		Sec. 3992.0201. GOVERNING BODY; TERMS. (a) The district is
118	124		governed by a board of five directors who serve staggered terms of
119	125		four years, with two or three directors' terms expiring June 1 of
120	126		each even-numbered year.
121	127		(b) The governing body of the city, by a majority vote,
122	128		shall appoint one member of the board.
123	129		(c) The commission shall appoint four members of the board
124	130		in the manner provided by Section 3992.0202.
125	131		Sec. 3992.0202. APPOINTMENT BY COMMISSION. (a) Before the
126	132		term of a director appointed by the commission expires, the board
127	133		shall recommend to the commission a person to serve as a successor
128	134		director. The commission shall appoint as director the person
129	135		recommended by the board.
130	136		(b) A person recommended by the board under Subsection (a)
131	137		must be:
132	138		(1) at least 18 years of age;
133	139		(2) an owner of property in the district;
134	140		(3) an owner of stock, whether beneficial or
135	141		otherwise, of a corporate owner of property in the district;
136	142		(4) an owner of a beneficial interest in a trust that
137	143		owns property in the district; or
138	144		(5) an agent, employee, or tenant of a person
139	145		described by Subdivision (2), (3), or (4).
140	146		Sec. 3992.0203. VACANCY. (a) Except as provided by
141	147		Subsection (b), if a vacancy occurs on the board, the remaining
142	148		directors shall appoint a director for the remainder of the
143	149		unexpired term.
144	150		(b) If a vacancy occurs in the position of the board member
145	151		appointed by the city, the city shall appoint a director for the
146	152		remainder of the unexpired term.
147	153		Sec. 3992.0204. COMPENSATION; EXPENSES. (a) The district
148	154		may compensate each director in an amount not to exceed $150 for
149	155		each board meeting. The total amount of compensation a director may
150	156		receive each year may not exceed $7,200.
151	157		(b) A director is entitled to reimbursement for necessary
152	158		and reasonable expenses incurred in carrying out the duties and
153	159		responsibilities of the board.
154	160		Sec. 3992.0205. INITIAL DIRECTORS. (a) On or after the
155	161		effective date of the Act enacting this chapter, the owner or owners
156	162		of a majority of the assessed value of the real property in the
157	163		district according to the most recent certified tax appraisal rolls
158	164		for the county may submit a petition to the commission requesting
159	165		that the commission appoint as initial directors four persons named
160	166		in the petition. The commission shall appoint as initial directors
161	167		the persons named in the petition.
162	168		(b) The initial directors, including the initial
163	169		city-appointed director, shall determine by lot which three
164	170		positions expire June 1, 2024, and which two positions expire June
165	171		1, 2022.
166	172		(c) This section expires September 1, 2025.
167	173		SUBCHAPTER C. POWERS AND DUTIES
168	174		Sec. 3992.0301. GENERAL POWERS AND DUTIES. The district
169	175		has the powers and duties necessary to accomplish the purposes for
170	176		which the district is created.
171	177		Sec. 3992.0302. IMPROVEMENT PROJECTS AND SERVICES. The
172	178		district may provide, design, construct, acquire, improve,
173	179		relocate, operate, maintain, or finance an improvement project or
174	180		service using money available to the district for the purpose, or
175	181		contract with a governmental or private entity to provide, design,
176	182		construct, acquire, improve, relocate, operate, maintain, or
177	183		finance an improvement project or service authorized under this
178	184		chapter or Chapter 375, Local Government Code.
179	185		Sec. 3992.0303. LOCATION OF IMPROVEMENT PROJECT. A
180	186		district improvement project may be located inside or outside of
181	187		the district.
182	188		Sec. 3992.0304. NO EMINENT DOMAIN. The district may not
183	189		exercise the power of eminent domain.
184	190		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
185	191		Sec. 3992.0401. DISBURSEMENTS AND TRANSFERS OF MONEY. The
186	192		board by resolution shall establish the number of directors'
187	193		signatures and the procedure required for a disbursement or
188	194		transfer of the district's money.
189	195		Sec. 3992.0402. MONEY USED FOR IMPROVEMENTS OR SERVICES.
190	196		The district may acquire, construct, or finance an improvement
191	197		project or service authorized by this chapter or Chapter 375, Local
192	198		Government Code, using any money available to the district for that
193	199		purpose.
194	200		SUBCHAPTER E. TAXES AND BONDS
195	201		Sec. 3992.0501. OPERATION AND MAINTENANCE TAX. The
196	202		district may impose an operation and maintenance tax on taxable
197	203		property in the district for any district purpose in the manner
198	204		provided by Section 49.107, Water Code, if authorized by a majority
199	205		of the district voters voting at an election held in accordance with
200	206		the Water Code, the Election Code, and any other applicable law,
201	207		including for:
202	208		(1) maintaining and operating the district;
203	209		(2) constructing or acquiring improvements; or
204	210		(3) providing a service.
205	211		Sec. 3992.0502. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
206	212		the time bonds or other obligations payable wholly or partly from ad
207	213		valorem taxes are issued:
208	214		(1) the board shall impose a continuing direct annual
209	215		ad valorem tax for each year that all or part of the bonds are
210	216		outstanding; and
211	217		(2) the board annually shall impose an ad valorem tax
212	218		on all taxable property in the district in an amount sufficient to:
213	219		(A) pay the interest on the bonds or other
214	220		obligations as the interest becomes due; and
215	221		(B) create a sinking fund for the payment of the
216	222		principal of the bonds or other obligations when due or the
217	223		redemption price at any earlier required redemption date.
218	224		SECTION 2. The New Waverly Municipal Management District
219	225		No. 1 initially includes all the territory contained in the
220	226		following area:
221	227		Tract 1 - 101.605 Acres:
222	228		FIELDNOTES TO 101.605 ACRES OF LAND AS SITUATED IN THE CITY OF
223	229		NEW WAVERLY, IN THE C. A. SLEIGHT SURVEY, A-496, WALKER COUNTY,
224	230		TEXAS, AND BEING OUT OF THAT CERTAIN CALLED 132.629 ACRE TRACT
225	231		CONVEYED BY JOE T. HODDE, TRUSTEE, TO HMH-WALKER 140 LIMITED BY DEED
226	232		RECORDED IN VOLUME 255, PAGE 1 OF THE DEED RECORDS OF SAID COUNTY.
227	233		SAID 101.605 ACRES BEING MORE PARTICULARY DESCRIBED BY METES AND
228	234		BOUNDS AS FOLLOWS:
229	235		BEGINNING at a 1/2 inch iron rod set for the north corner of this and
230	236		of said 132.629 acres on the southwest right-of-way of State
231	237		Highway 150, same being the east corner of the Emma Reese 1.0 acre
232	238		tract described in Volume 265, Page 625 of said deed records;
233	239		THENCE: S 59° 58' E 647.74 Ft., with said southwest right-of-way, to
234	240		a 1/2 inch iron rod set for an exterior corner of this tract, same
235	241		being the north corner of proposed New Waverly Ridge II Commercial
236	242		Lot 4;
237	243		THENCE: S 30° 02' W 600.00 Ft., on a line within said 132.629 acres
238	244		and with the northwest line said Lot 4 to its west corner, a 1/2 inch
239	245		iron rod set for an interior corner of this tract;
240	246		THENCE: S 59° 58' E 300.00 Ft., continuing within said 132.629 acres
241	247		and with the southwest line of said Lot 4 to its south corner, a 1/2
242	248		inch iron rod set for an interior corner of this tract;
243	249		THENCE: N 30° 02' E 600,00 Ft., continuing within said 132.629 acres
244	250		and with the southeast line of said Lot 4 to its east corner, a 1/2
245	251		inch iron rod set for an exterior corner of this tract on the
246	252		northeast line of said 132.629 acres, same being on the southwest
247	253		right-of-way of said State Highway 150;
248	254		THENCE: S 59° 58' E 669.60 Ft., with said southwest right-of-way and
249	255		132.629 acre northeast line, to a 1/2 inch iron rod set for an
250	256		exterior corner of this tract, same being the north corner of
251	257		proposed New Waverly Ridge II Commercial Lot 1;
252	258		THENCE: S 30° 02' W 600.00 Ft., on a line within said 132.629 acres
253	259		and with the northwest line of said Lot 1 to its west corner, a 1/2
254	260		inch iron rod set for an interior corner of this tract;
255	261		THENCE: S 59° 58' E 836.94 Ft., continuing within said 132.629 acres
256	262		and with the southwest lines of said Lot 1, of New Waverly Ridge
257	263		Commercial Lot 2 as shown on plat recorded in Volume 3, Page 130 of
258	264		the plat records of said county and of New Waverly Ridge Commercial
259	265		Lot 3, as shown on plat recorded in Volume 3, Page 154 of said plat
260	266		records to a 1/2 inch iron rod set for an interior corner of this
261	267		tract, same being the south corner of said New Waverly Ridge Lot.3;
262	268		THENCE: N 30° 02' E 591.12 Ft., continuing on said 132.629 acres and
263	269		with the southeast lines of said New Waverly Ridge Lot 3 to its east
264	270		corner, a 1/2 inch iron rod set for an exterior corner of this tract
265	271		on the southwest right-of-way of said State Highway 150, same being
266	272		on the northeast line of said 132.629 acres;
267	273		THENCE: S 58° 03° E 80.04 Ft., with said southwest right-of-way and
268	274		being 132.629 acre northeast line, to a 1/2 inch iron rod set for
269	275		the upper east corner of this tract, same being the north corner of
270	276		the proposed New Waverly Ridge Commercial Lot 4;
271	277		THENCE: N 30° 02' W 588.44 Ft., on a line within said 132.629 acres
272	278		and with the northwest line of said New Waverly Ridge Lot 4 to its
273	279		west corner, a 1/2 inch iron rod set for an interior corner of this
274	280		tract;
275	281		THENCE: S 59° 58' E 286.28 Ft., continuing within said 132.629 acres
276	282		and with the southwest line of said Lot 4 to its south corner, a 1/2
277	283		inch iron rod set for the east corner of this tract on the northwest
278	284		line of New Waverly Ridge Commercial Lot 1 as shown on plat recorded
279	285		in Vole 3, Page 130 of said plat records;
280	286		THENCE: S 16° 03' W 516.29 Ft., continuing within said 132.629 acres
281	287		and with said Lot 1 northwest line to its west corner, a 1/2 inch
282	288		iron rod set for the lower east corner of this tract on the
283	289		southeast line of said 132.629 acres, same being on the northwest
284	290		right-a-way of Longstreet Road;
285	291		THENCE: With said 132.629 acre southeast line and Longstreet Road
286	292		northwest right-of-way as follows:
287	293		S 81° 03' W 45.11 Ft. S 80° 05' W 216.95 Ft. S 81° 03' W 45.11 Ft. S 80° 05' W 216.95 Ft.
288	294		S 81° 03' W 45.11 Ft. S 80° 05' W 216.95 Ft.
289	295		S 77° 48' W 222.57 Ft. S 75° 05' W 122.55 Ft. S 77° 48' W 222.57 Ft. S 75° 05' W 122.55 Ft.
290	296		S 77° 48' W 222.57 Ft. S 75° 05' W 122.55 Ft.
291	297		to a 1/2 inch iron rod set for an exterior corner of this tract, same
292	298		being the east corner of the Southwestern Bell Telephone Company
293	299		0.057 acre tract described in Volume 423, Page 556 of said deed
294	300		records;
295	301		THENCE: N 10° 43' W 50.00 Ft., on a line within said 132.629 acres
296	302		and with the northeast line of said 0.057 acre to its north corner,
297	303		a 1/2 inch iron rod set for an interior corner of this tract;
298	304		THENCE: S 75° 05' W 50.00 Ft., continuing within said 132.629 acres
299	305		and with the northwest line of said 0.057 acre to its west corner, a
300	306		1/2 inch iron rod set for an interior corner of this tract;
301	307		THENCE: S 10° 43' E 50.00 Ft., continuing within said 132.629 acres
302	308		and with the southwest line of said 0.057 acre to its south corner,
303	309		a concrete monument found for exterior corner of this tract on the
304	310		southeast line of said 132.629 acres, same being on the northwest
305	311		right-of-way of said Longstreet Road;
306	312		THENCE: S 74° 19' W 472.13 Ft. and S 68° 33' W 147.67 Ft., with said
307	313		132.629 acre southeast line and Longstreet Road northwest
308	314		right-of-way, to a 3 inch iron pipe found for the south corner of
309	315		this and of said 132.629 acres, same being the east corner of the
310	316		Western Grove Missionary Baptist Church tract which no deed of
311	317		record was located;
312	318		THENCE: N 24° 49' W 170.48 Ft, with the northeast line of said church
313	319		tract to its north corner, a 1/2 inch iron rod set for an interior
314	320		corner of this tract;
315	321		THENCE: S 53° 09' W 157.03 Ft., with the northwest line of said
316	322		church tract to its west corner, a 1/2 inch iron rod set for an
317	323		exterior corner of this tract on the northeast line of Fritz Kelly
318	324		2.0 acre tract described in Volume 123, Page 716 of said deed
319	325		records;
320	326		THENCE: N 60° 07' W 1003.34 Ft., with the southwest line of said
321	327		132.629 acres and the northeast lines of said 2.0 acres, of the
322	328		Jimmie Cain Jr. 5.89 acre tract described in Volume 252, Page 75 of
323	329		the official records of said county, of the Jourdon Sanders 1.0 acre
324	330		tract described in Volume 395, Page 899 of said deed records and of
325	331		the Mildred Harris 1.07 acre tract described in Volume 227, Page 285
326	332		of said deed records, to a 1 inch iron pipe found for an exterior
327	333		corner of this tract, same being the south corner of the City of New
328	334		Waverly 2.8708 acre tract described in Volume 425, Page 874 of said
329	335		deed records;
330	336		THENCE: N 29° 55' E 304.96 Ft., with the southeast line of said
331	337		2.8708 acres to its east corner, a 1 inch iron pipe found for an
332	338		interior corner of this tract;
333	339		THENCE: N 60° 07' W 409.90 Ft., with the northeast line of said
334	340		2.8708 acres to its north comer, a 1 inch iron pipe found for an
335	341		interior corner of this tract;
336	342		THENCE: S 29° 51' W 304.96 Ft., with the northwest line of said
337	343		2.8708 acres to its west corner, a 1 inch iron pipe found for an
338	344		exterior corner of this tract on the southwest line of said 132.629
339	345		acres, same being on the northeast line of the Roy Clark 2.44 acre
340	346		tract described in Volume 311, Page 569 of said deed records;
341	347		THENCE: N 60° 07' W 389.41 Ft., with said 132.629 acre southwest line
342	348		and the northeast lines of said 2.44 acres and of the Patricia L.
343	349		Crowley 0.771 acre described as Tract One in Volume 248, Page 497 of
344	350		said official records, to a 1/2 inch iron rod set for an exterior
345	351		corner of this and of said 132.629 acres on the northeast
346	352		right-of-way of Interstate Highway 45, same being the north corner
347	353		of said 0.771 acre;
348	354		THENCE: N 11° 12' W 46.73 Ft., with said northeast right-of-way, to a
349	355		1/2 inch iron pipe found for the west corner of this and of said
350	356		132.629 acres, same being the south corner of the Patricia L.
351	357		Crowley 2.559 acres described as Tract Two in Volume 248, Page 497
352	358		of said official records;
353	359		THENCE: N 30° 27' E 507.40 Ft., with the southeast line of said 2.559
354	360		acres to its east corner, a 1/2 inch iron rod found for an interior
355	361		corner of this and of said 132.629 acres, same being the south
356	362		corner of the Artie L. Moses, et. al., residue of a 15 acre tract
357	363		described in Volume 272, Page 667 of said official records;
358	364		THENCE: N 29° 57' E 542.03 Ft., with the southeast line of said
359	365		residue of 15 acres to its east corner, a 5/8 inch iron rod found for
360	366		an interior corner of this and of said 132.629 acres, same being the
361	367		south corner of the Ned Jourdan 3.842 acre tract described in Volume
362	368		390, Page 640 of said deed records;
363	369		THENCE: N 29° 47' E 960.15 Ft., with the southeast lines of said
364	370		3.842 acres, of the Frances Gi1laspie 1.50 acre tract described in
365	371		Volume 162, Page 85 of said deed records and of said Reese 1.0 acre,
366	372		to the PLACE OF BEGINNING AND CONTAINING WITHIN THESE BOUNDS
367	373		101.605 ACRES OF LAND.
368	374		TRACT 2:
369	375		Being 1.07 acres of land, situated in the C.A. SLEIGHT Survey,
370	376		Abstract No. 496, Walker County, Texas, and being out of and a part
371	377		of the residue of a called 15.00 acre tract of land described in a
372	378		Deed Deed from Isom Mickle, et ux. to Lucretia Moses dated 17 Nov.
373	379		1925 and recorded in Volume 56, Page 147, Deed Records, Walker
374	380		County, Texas, said 1.07 acres being more definitely described by
375	381		metes and bounds as follows:
376	382		BEGINNING at the most westerly corner of the said 15 acre tract,
377	383		same being a northern corner of a called 523.55 acre tract described
378	384		in a Deed from John Henry Hall et al to Judy C. Campbell recorded in
379	385		Volume 0861, Page 140, Official Records and being a point in the
380	386		southeastern line of a called 3.76 acre tract described in a Deed
381	387		from Joan Lee, Trustee to Ralph A. Cadwallader, recorded in Volume
382	388		0787, Page 501, Official Records, Walker County, Texas, found a 3"
383	389		iron pipe (set a 5/8" iron rod w/cap in center of pipe) for corner;
384	390		THENCE S 59°36'04" E along the common boundary line of said 523.55
385	391		acre Campbell tract and the said 15 acre Moses tract, a distance of
386	392		286.28 feet to a 5/8" iron rod set in the west right-of-way line of
387	393		Interstate 45, said iron rod being the most southern corner of the
388	394		herein described 1.07 acre and the southwest corner of a called 7.43
389	395		acre tract described in a Deed from Lucretia Moses to the State
390	396		Highway Commission, dated 5 Aug. 1958 and recorded in Volume 161,
391	397		Page 111, Deed Records, Walker County, Texas;
392	398		THENCE N 11°07'21" W along the said west right-of-way line of
393	399		Interstate 45, a distance of 435.60 feet to the most northern corner
394	400		of the herein described 1.07 acre tract, same being a southeast
395	401		corner of the said 3.76 acre Cadwallader tract, set a 5/8" iron rod
396	402		w/cap, from which a 1/2" iron rod bears S 29°57'48" W a distance of
397	403		1.62 feet, and a 5/8" iron rod w/cap brs. N 11°46'38" W a distance of
398	404		79.19 feet;
399	405		THENCE S 29°57'48" W along the common boundary line of the said 3.76
400	406		acre Cadwallader tract and the said 15 acre Moses tract, a distance
401	407		of 326.15 feet to the POINT OF BEGINNING.
402	408		Containing 1.07 acres of land.
403	409		TRACT 3:
404	410		Being 6.56 acres of land, situated in the C.A. SLEIGHT Survey,
405	411		Abstract No. 496, Walker County, Texas, and being out of and a part
406	412		of the residue of a called 15.00 acre tract of land described in a
407	413		Deed from Isom Mickle, et ux. to Lucretia Moses dated 17 Nov. 1925
408	414		and recorded in Volume 56, Page 147, Deed Records, Walker County,
409	415		Texas, said 6.56 acres being more definitely described by metes and
410	416		bounds as follows:
411	417		BEGINNING at the most southern corner of the said 15 acre tract,
412	418		same being the most eastern corner of a called 2.559 acre tract
413	419		described as Tract 2 in a deed dated 29 March 1995 from Martin J.
414	420		Ross III, et al to Patricia L. Crowley, recorded in Volume 0248,
415	421		Page 497, Official Records, and a point in the west line of a called
416	422		101.65 acre tract described in a Deed dated 26 April 2006 from
417	423		HMH-Walker 140 Limited to Thornberry Family Partnership, recorded
418	424		in Volume 0745, Page 678, Official Records, found a 1/2" iron rod
419	425		for corner;
420	426		THENCE N 30°01'04" W along an old barbed wire fence and with the
421	427		common line of said 101.65 acre Thornberry and the 15 acre Moses
422	428		tracts, a distance of 398.88 feet to a 5/8" iron rod set for the most
423	429		easterly corner of the said Moses tract, said iron rod also being
424	430		the south corner of called 1 acre tract described in a deed to Emma
425	431		Reece and recorded in Volume 273, Page 702, Deed Records and from
426	432		which a iron stake found (disturbed) brs S 60°38'04" E distance of
427	433		1.89 feet and a found 5/8" iron rod w/cap brs. N 30°01'04"E a
428	434		distance of 143.36 feet;
429	435		THENCE N 60°38'04 W along the common line of said 1 acre Reece and 15
430	436		acre Moses tracts, at a calculated distance of 285 feet pass the
431	437		southwest corner of said 1 acre Reece tract, same being the
432	438		southeast corner of a called 1 acre tract described in a deed to
433	439		Carolyn Anderson and recorded in Volume 389, Page 642, Deed
434	440		Records, and continuing on a total distance of 570 feet to a found
435	441		3/8"x2" flat iron stake (set a 5/8" iron rod w/cap beside) for a
436	442		reentrant corner of the said 15 acre Moses tract and the most
437	443		westerly corner of said 1 acre Anderson tract;
438	444		THENCE N 29°21'56" E with the common boundary line of the 1 acre
439	445		Anderson tract and the 15 acre Moses tract, a distance of 142.33 to
440	446		a 5/8" iron rod set for corner, said iron rod being the northwest
441	447		corner of said 1 acre Anderson tract and a point in the south line of
442	448		a 2 acre tract described in a deed to Lula Rogers, et al, and
443	449		recorded in Volume 83, Page 596, Deed Records, Walker County,
444	450		Texas;
445	451		THENCE N 60°44'12" W along common line of said 2 acre Rogers and 15
446	452		acre Moses tracts, at a distance of 97.32 feet pass a found 5"x 3.5"
447	453		wagon axle housing for the west corner of said 2 acre Rogers tract
448	454		and the south corner of the residue a called 7 acre tract described
449	455		in a deed to Harrison Hector and recorded in Volume 83, Page 595,
450	456		Deed Records, and continuing on for a total distance of 338.96 to a
451	457		set 5/8" iron rod for the most north corner of the herein described
452	458		tract, said iron rod being in the east right-of-way of said
453	459		Interstate 45 and being the southern corner of a called 2.67 acre
454	460		tract described in a deed to the State Highway Commission and
455	461		recorded in Volume 161, Page 161, Deed Records, Walker County,
456	462		Texas;
457	463		THENCE S 11°09'E with the said east right-of-way line of Interstate
458	464		45 a distance of 716.09 feet to a point for corner, said point being
459	465		in the southwest line of the said 15 acre tract and being the most
460	466		northern corner of the said Crowley 2.559 acre tract and from which
461	467		the center of a 3" galvanized fence post brs S 63°43'36"E a distance
462	468		of 0.42 feet, a 1/2" iron pipe (disturbed) brs S58°20'05"W a
463	469		distance of 1.06 feet and a 5/8" iron rod with cap (set for
464	470		reference) brs N 72° W a distance of 0.21 feet;
465	471		THENCE S 61°07'56" W with the common line of said 2.559 acre P.
466	472		Crowley and 15 acre Moses tracts, a distance of 439.22 feet to the
467	473		PLACE OF' BEGINNING.
468	474		Containing 6.56 acres of land.
469	475		Tract 4 - 4.846 ACRES:
470	476		A tract or parcel of land containing 4.846 acres (211,071 square
471	477		feet) out of the C.A. Sleight 1/3 League, Abstract No. 496, Walker
472	478		County, Texas, being all of the called 3.842 acre tract and all of
473	479		the called 1.000 acre tract conveyed to Ned Jordan, Jr., as recorded
474	480		in Volume 390, Page 640 of the Walker County Deed Records
475	481		(W.C.D.R.), said 4.846 acres being more particularly described by
476	482		metes and bounds as follows: (The basis of bearing for this
477	483		description is the monumented north line of the subject tract
478	484		called SOUTH 61 degrees 05 minutes 45 seconds EAST, as recorded in
479	485		said Volume 390, Page 640)
480	486		BEGINNING at a 1/2-inch iron rod found at the northwest corner of
481	487		said 1.000 acre tract and the northwest corner of the herein
482	488		described tract, being the northeast corner of the 2 acre tract
483	489		conveyed to Edward Crawford, as recorded in Volume 83, Page 596 of
484	490		the W.C.D.R., and the southwest corner of the 1.50 acre tract
485	491		conveyed to Frances Gillaspie, as recorded in Volume 162, Page 85 of
486	492		the W.C.D.R., lying at the terminus of Colony Road;
487	493		THENCE SOUTH 61 degrees 05 minutes 45 seconds EAST along the south
488	494		line of said 1.50 acre tract, at 264.05 feet passing a 5/8-inch iron
489	495		rod found at the northeast corner of said 1.000 acre tract and
490	496		continuing for a total distance of 473.50 feet to a 5/8-inch iron
491	497		rod found at the northeast corner of the herein described tract;
492	498		THENCE SOUTH 29 degrees 32 minutes 14 seconds WEST, 444.11 feet
493	499		(called S 29 Deg. 37'03" W, 444.12') along the west line of the
494	500		101.605 acre tract conveyed to the Thornberry Family Partnership,
495	501		Ltd., as recorded in Volume 776, Page 655 of the Official Public
496	502		Records of Walker County (O.P.R.W.C.), to a 5/8-inch iron rod found
497	503		at the southeast corner of the herein described tract;
498	504		THENCE NORTH 61 degrees 05 minutes 45 seconds WEST, 477.09 feet
499	505		(called 476.47') along the north lines of a 1 acre tract, described
500	506		as a save & except tract to Emma Reese and another 1 acre tract
501	507		conveyed to Carolyn Anderson, as recorded in Volume 389, Page 642 of
502	508		the W.C.D.R., to a 5/8-inch iron rod found at the southwest corner
503	509		of the herein described tract;
504	510		THENCE NORTH 30 degrees 00 minutes 00 seconds EAST along the east
505	511		line of said 2 acre Crawford tract, at 279.16 feet passing the
506	512		southwest corner of said 1.000 acre Jordan tract, and continuing
507	513		for a total distance of 444.17 feet to the POINT OF BEGINNING of the
508	514		herein described tract, containing 4.846 acres (211,071 square
509	515		feet) of land. Drawing No. B-502 was prepared to accompany this
510	516		description, and is on file in the office of C&R Surveying, Inc.
511	517		Tract 5:
512	518		Field Notes to 3.285 acres of land situated in the City of New
513	519		Waverly, in the C.A. Sleight Survey, A-496, Walker County, Texas,
514	520		and being out of the 124.818 acres residue of that certain called
515	521		132.629 acres tract conveyed by Joe. T. Hode, Trustee, to HMW-I40
516	522		Walker Limited by deed recorded in volume 253, page 1 of the deed
517	523		records of said Walker County, Texas, said 3.285 acres being more
518	524		particularly described by metes and bounds as follows;
519	525		BEGINNING at a 5/8 inch iron rod found for the northeast corner of
520	526		this and of said 124.818 acre residue tract, same being the
521	527		northwest corner of the Earl Biscamp 3.00 acre tract described in
522	528		Volume 338, Page 735 of the official records of said County and
523	529		being on the south right of way of State Highway 150;
524	530		THENCE: S 26°58' W 429.09 ft., with the west line of said 3.00 acres
525	531		to its southwest corner, a 5/8 inch iron rod found for an interior
526	532		corner of this tract, same being the northwest corner of commercial
527	533		lot 1 of New Waverly Ridge Subdivision as shown on plat recorded in
528	534		Volume 3, Page 130 of the plat records of said County;
529	535		THENCE: S 16°03' W 157.08 ft., with the west line of said Lot 1, to a
530	536		1/2 inch iron rod set for the southeast corner of this tract;
531	537		THENCE: N 59°58' W 286.28 ft., on a line within said 132.629 acres,
532	538		to a 1/2 inch iron rod set for the southwest corner of this tract;
533	539		THENCE: N 30°02' W 588.44 ft., continuing within said 132.629 acres,
534	540		to a 1/2 inch iron rod set for the northwest corner of this tract on
535	541		the south right of way of State Highway 150, same being the north
536	542		line of said 132.629 acres;
537	543		THENCE: S 58°03' E 225.49 ft., with said north line and south right
538	544		of way, to the place of beginning and containing within these bounds
539	545		3.285 acres of land.
540	546		SECTION 3. (a) The legal notice of the intention to
541	547		introduce this Act, setting forth the general substance of this
542	548		Act, has been published as provided by law, and the notice and a
543	549		copy of this Act have been furnished to all persons, agencies,
544	550		officials, or entities to which they are required to be furnished
545	551		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
546	552		Government Code.
547	553		(b) The governor, one of the required recipients, has
548	554		submitted the notice and Act to the Texas Commission on
549	555		Environmental Quality.
550	556		(c) The Texas Commission on Environmental Quality has filed
551	557		its recommendations relating to this Act with the governor,
552	558		lieutenant governor, and speaker of the house of representatives
553	559		within the required time.
554	560		(d) All requirements of the constitution and laws of this
555	561		state and the rules and procedures of the legislature with respect
556	562		to the notice, introduction, and passage of this Act have been
557	563		fulfilled and accomplished.
558	564		SECTION 4. This Act takes effect immediately if it receives
559	565		a vote of two-thirds of all the members elected to each house, as
560	566		provided by Section 39, Article III, Texas Constitution. If this
561	567		Act does not receive the vote necessary for immediate effect, this
562	568		Act takes effect September 1, 2021.
563		-	______________________________ ______________________________
564		-	President of the Senate Speaker of the House
565		-	I certify that H.B. No. 4605 was passed by the House on May
566		-	14, 2021, by the following vote: Yeas 104, Nays 41, 2 present, not
567		-	voting.
568		-	______________________________
569		-	Chief Clerk of the House
570		-	I certify that H.B. No. 4605 was passed by the Senate on May
571		-	27, 2021, by the following vote: Yeas 30, Nays 1.
572		-	______________________________
573		-	Secretary of the Senate
574		-	APPROVED: _____________________
575		-	Date
576		-	_____________________
577		-	Governor
	569	+	* * * * *
578	570
579	571		S 81° 03' W 45.11 Ft. S 80° 05' W 216.95 Ft.
580	572
581	573		S 77° 48' W 222.57 Ft. S 75° 05' W 122.55 Ft.