Texas 2023 - 88th Regular

Texas House Bill HB5372 Compare Versions

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11 H.B. No. 5372
22
33
44 relating to the creation of The Grand Prairie Management District;
55 providing authority to issue bonds; providing authority to impose
66 assessments, fees, and taxes.
77 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
88 SECTION 1. Subtitle C, Title 4, Special District Local Laws
99 Code, is amended by adding Chapter 4005 to read as follows:
1010 CHAPTER 4005. THE GRAND PRAIRIE MANAGEMENT DISTRICT
1111 SUBCHAPTER A. GENERAL PROVISIONS
1212 Sec. 4005.0101. DEFINITIONS. In this chapter:
1313 (1) "Board" means the district's board of directors.
1414 (2) "County" means Harris County.
1515 (3) "Director" means a board member.
1616 (4) "District" means The Grand Prairie Management
1717 District.
1818 Sec. 4005.0102. NATURE OF DISTRICT. The Grand Prairie
1919 Management District is a special district created under Section 59,
2020 Article XVI, Texas Constitution.
2121 Sec. 4005.0103. PURPOSE; DECLARATION OF INTENT. (a) The
2222 creation of the district is essential to accomplish the purposes of
2323 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
2424 Texas Constitution, and other public purposes stated in this
2525 chapter.
2626 (b) By creating the district and in authorizing the county
2727 and other political subdivisions to contract with the district, the
2828 legislature has established a program to accomplish the public
2929 purposes set out in Sections 52 and 52-a, Article III, Texas
3030 Constitution.
3131 (c) The creation of the district is necessary to promote,
3232 develop, encourage, and maintain employment, commerce,
3333 transportation, housing, tourism, recreation, the arts,
3434 entertainment, economic development, safety, and the public
3535 welfare in the district.
3636 (d) This chapter and the creation of the district may not be
3737 interpreted to relieve the county or a municipality from providing
3838 the level of services provided as of the effective date of the Act
3939 enacting this chapter to the area in the district. The district is
4040 created to supplement and not to supplant county or municipal
4141 services provided in the district.
4242 Sec. 4005.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
4343 (a) All land and other property included in the district will
4444 benefit from the improvements and services to be provided by the
4545 district under powers conferred by Sections 52 and 52-a, Article
4646 III, and Section 59, Article XVI, Texas Constitution, and other
4747 powers granted under this chapter.
4848 (b) The district is created to serve a public use and
4949 benefit.
5050 (c) The creation of the district is in the public interest
5151 and is essential to further the public purposes of:
5252 (1) developing and diversifying the economy of the
5353 state;
5454 (2) eliminating unemployment and underemployment; and
5555 (3) developing or expanding transportation and
5656 commerce.
5757 (d) The district will:
5858 (1) promote the health, safety, and general welfare of
5959 residents, employers, potential employees, employees, visitors,
6060 and consumers in the district, and of the public;
6161 (2) provide needed funding for the district to
6262 preserve, maintain, and enhance the economic health and vitality of
6363 the district territory as a community and business center;
6464 (3) promote the health, safety, welfare, and enjoyment
6565 of the public by providing pedestrian ways and by landscaping and
6666 developing certain areas in the district, which are necessary for
6767 the restoration, preservation, and enhancement of scenic beauty;
6868 and
6969 (4) provide for water, wastewater, drainage, road, and
7070 recreational facilities for the district.
7171 (e) Pedestrian ways along or across a street, whether at
7272 grade or above or below the surface, and street lighting, street
7373 landscaping, parking, and street art objects are parts of and
7474 necessary components of a street and are considered to be a street
7575 or road improvement.
7676 (f) The district will not act as the agent or
7777 instrumentality of any private interest even though the district
7878 will benefit many private interests as well as the public.
7979 Sec. 4005.0105. INITIAL DISTRICT TERRITORY. (a) The
8080 district is initially composed of the territory described by
8181 Section 2 of the Act enacting this chapter.
8282 (b) The boundaries and field notes contained in Section 2 of
8383 the Act enacting this chapter form a closure. A mistake in the
8484 field notes or in copying the field notes in the legislative process
8585 does not affect the district's:
8686 (1) organization, existence, or validity;
8787 (2) right to issue any type of bonds for the purposes
8888 for which the district is created or to pay the principal of and
8989 interest on the bonds;
9090 (3) right to impose or collect an assessment or tax; or
9191 (4) legality or operation.
9292 Sec. 4005.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
9393 All or any part of the area of the district is eligible to be
9494 included in:
9595 (1) a tax increment reinvestment zone created under
9696 Chapter 311, Tax Code; or
9797 (2) a tax abatement reinvestment zone created under
9898 Chapter 312, Tax Code.
9999 Sec. 4005.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
100100 DISTRICTS LAW. Except as otherwise provided by this chapter,
101101 Chapter 375, Local Government Code, applies to the district.
102102 Sec. 4005.0108. CONSTRUCTION OF CHAPTER. This chapter
103103 shall be liberally construed in conformity with the findings and
104104 purposes stated in this chapter.
105105 SUBCHAPTER B. BOARD OF DIRECTORS
106106 Sec. 4005.0201. GOVERNING BODY; TERMS. (a) The district is
107107 governed by a board of five directors elected or appointed as
108108 provided by this chapter and Subchapter D, Chapter 49, Water Code.
109109 (b) Except as provided by Section 4005.0203, directors
110110 serve staggered four-year terms.
111111 Sec. 4005.0202. COMPENSATION. A director is entitled to
112112 receive fees of office and reimbursement for actual expenses as
113113 provided by Section 49.060, Water Code. Sections 375.069 and
114114 375.070, Local Government Code, do not apply to the board.
115115 Sec. 4005.0203. TEMPORARY DIRECTORS. (a) On or after the
116116 effective date of the Act creating this chapter, the owner or owners
117117 of a majority of the assessed value of the real property in the
118118 district according to the most recent certified tax appraisal roll
119119 for the county may submit a petition to the Texas Commission on
120120 Environmental Quality requesting that the commission appoint as
121121 temporary directors the five persons named in the petition. The
122122 commission shall appoint as temporary directors the five persons
123123 named in the petition.
124124 (b) The temporary or successor temporary directors shall
125125 hold an election to elect five permanent directors as provided by
126126 Section 49.102, Water Code.
127127 (c) Temporary directors serve until the earlier of:
128128 (1) the date permanent directors are elected under
129129 Subsection (b); or
130130 (2) the fourth anniversary of the effective date of
131131 the Act creating this chapter.
132132 (d) If permanent directors have not been elected under
133133 Subsection (b) and the terms of the temporary directors have
134134 expired, successor temporary directors shall be appointed or
135135 reappointed as provided by Subsection (e) to serve terms that
136136 expire on the earlier of:
137137 (1) the date permanent directors are elected under
138138 Subsection (b); or
139139 (2) the fourth anniversary of the date of the
140140 appointment or reappointment.
141141 (e) If Subsection (d) applies, the owner or owners of a
142142 majority of the assessed value of the real property in the district
143143 according to the most recent certified tax appraisal roll for the
144144 county may submit a petition to the Texas Commission on
145145 Environmental Quality requesting that the commission appoint as
146146 successor temporary directors the five persons named in the
147147 petition. The commission shall appoint as successor temporary
148148 directors the five persons named in the petition.
149149 SUBCHAPTER C. POWERS AND DUTIES
150150 Sec. 4005.0301. GENERAL POWERS AND DUTIES. The district
151151 has the powers and duties necessary to accomplish the purposes for
152152 which the district is created.
153153 Sec. 4005.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
154154 district, using any money available to the district for the
155155 purpose, may provide, design, construct, acquire, improve,
156156 relocate, operate, maintain, or finance an improvement project or
157157 service authorized under this chapter or Chapter 375, Local
158158 Government Code.
159159 (b) The district may contract with a governmental or private
160160 entity to carry out an action under Subsection (a).
161161 (c) The implementation of a district project or service is a
162162 governmental function or service for the purposes of Chapter 791,
163163 Government Code.
164164 Sec. 4005.0303. LAW ENFORCEMENT SERVICES. To protect the
165165 public interest, the district may contract with a qualified party,
166166 including the county, to provide law enforcement services in the
167167 district for a fee.
168168 Sec. 4005.0304. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
169169 The district may join and pay dues to a charitable or nonprofit
170170 organization that performs a service or provides an activity
171171 consistent with the furtherance of a district purpose.
172172 Sec. 4005.0305. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
173173 district may engage in activities that accomplish the economic
174174 development purposes of the district.
175175 (b) The district may establish and provide for the
176176 administration of one or more programs to promote state or local
177177 economic development and to stimulate business and commercial
178178 activity in the district, including programs to:
179179 (1) make loans and grants of public money; and
180180 (2) provide district personnel and services.
181181 (c) The district may create economic development programs
182182 and exercise the economic development powers provided to
183183 municipalities by:
184184 (1) Chapter 380, Local Government Code; and
185185 (2) Subchapter A, Chapter 1509, Government Code.
186186 Sec. 4005.0306. PARKING FACILITIES. (a) The district may
187187 acquire, lease as lessor or lessee, construct, develop, own,
188188 operate, and maintain parking facilities or a system of parking
189189 facilities, including lots, garages, parking terminals, or other
190190 structures or accommodations for parking motor vehicles off the
191191 streets and related appurtenances.
192192 (b) The district's parking facilities serve the public
193193 purposes of the district and are owned, used, and held for a public
194194 purpose even if leased or operated by a private entity for a term of
195195 years.
196196 (c) The district's parking facilities are parts of and
197197 necessary components of a street and are considered to be a street
198198 or road improvement.
199199 (d) The development and operation of the district's parking
200200 facilities may be considered an economic development program.
201201 Sec. 4005.0307. ADDING OR EXCLUDING LAND. The district may
202202 add or exclude land in the manner provided by Subchapter J, Chapter
203203 49, Water Code, or by Subchapter H, Chapter 54, Water Code.
204204 Sec. 4005.0308. DISBURSEMENTS AND TRANSFERS OF MONEY. The
205205 board by resolution shall establish the number of directors'
206206 signatures and the procedure required for a disbursement or
207207 transfer of district money.
208208 Sec. 4005.0309. NO EMINENT DOMAIN POWER. The district may
209209 not exercise the power of eminent domain.
210210 SUBCHAPTER D. ASSESSMENTS
211211 Sec. 4005.0401. PETITION REQUIRED FOR FINANCING SERVICES
212212 AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
213213 service or improvement project with assessments under this chapter
214214 unless a written petition requesting that service or improvement
215215 has been filed with the board.
216216 (b) A petition filed under Subsection (a) must be signed by
217217 the owners of a majority of the assessed value of real property in
218218 the district subject to assessment according to the most recent
219219 certified tax appraisal roll for the county.
220220 Sec. 4005.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
221221 The board by resolution may impose and collect an assessment for any
222222 purpose authorized by this chapter in all or any part of the
223223 district.
224224 (b) An assessment, a reassessment, or an assessment
225225 resulting from an addition to or correction of the assessment roll
226226 by the district, penalties and interest on an assessment or
227227 reassessment, an expense of collection, and reasonable attorney's
228228 fees incurred by the district:
229229 (1) are a first and prior lien against the property
230230 assessed;
231231 (2) are superior to any other lien or claim other than
232232 a lien or claim for county, school district, or municipal ad valorem
233233 taxes; and
234234 (3) are the personal liability of and a charge against
235235 the owners of the property even if the owners are not named in the
236236 assessment proceedings.
237237 (c) The lien is effective from the date of the board's
238238 resolution imposing the assessment until the date the assessment is
239239 paid. The board may enforce the lien in the same manner that the
240240 board may enforce an ad valorem tax lien against real property.
241241 (d) The board may make a correction to or deletion from the
242242 assessment roll that does not increase the amount of assessment of
243243 any parcel of land without providing notice and holding a hearing in
244244 the manner required for additional assessments.
245245 SUBCHAPTER E. TAXES AND BONDS
246246 Sec. 4005.0501. TAX ELECTION REQUIRED. The district must
247247 hold an election in the manner provided by Chapter 49, Water Code,
248248 or, if applicable, Chapter 375, Local Government Code, to obtain
249249 voter approval before the district may impose an ad valorem tax.
250250 Sec. 4005.0502. OPERATION AND MAINTENANCE TAX. (a) If
251251 authorized by a majority of the district voters voting at an
252252 election under Section 4005.0501, the district may impose an
253253 operation and maintenance tax on taxable property in the district
254254 in the manner provided by Section 49.107, Water Code, for any
255255 district purpose, including to:
256256 (1) maintain and operate the district;
257257 (2) construct or acquire improvements; or
258258 (3) provide a service.
259259 (b) The board shall determine the operation and maintenance
260260 tax rate. The rate may not exceed the rate approved at the
261261 election.
262262 Sec. 4005.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
263263 BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
264264 terms determined by the board.
265265 (b) The district may issue bonds, notes, or other
266266 obligations payable wholly or partly from ad valorem taxes,
267267 assessments, impact fees, revenue, contract payments, grants, or
268268 other district money, or any combination of those sources of money,
269269 to pay for any authorized district purpose.
270270 (c) The limitation on the outstanding principal amount of
271271 bonds, notes, or other obligations provided by Section 49.4645,
272272 Water Code, does not apply to the district.
273273 Sec. 4005.0504. BONDS SECURED BY REVENUE OR CONTRACT
274274 PAYMENTS. The district may issue, without an election, bonds
275275 secured by:
276276 (1) revenue other than ad valorem taxes, including
277277 contract revenues; or
278278 (2) contract payments, provided that the requirements
279279 of Section 49.108, Water Code, have been met.
280280 Sec. 4005.0505. BONDS SECURED BY AD VALOREM TAXES;
281281 ELECTIONS. (a) If authorized at an election under Section
282282 4005.0501, the district may issue bonds payable from ad valorem
283283 taxes.
284284 (b) Section 375.243, Local Government Code, does not apply
285285 to the district.
286286 (c) At the time the district issues bonds payable wholly or
287287 partly from ad valorem taxes, the board shall provide for the annual
288288 imposition of a continuing direct annual ad valorem tax, without
289289 limit as to rate or amount, for each year that all or part of the
290290 bonds are outstanding as required and in the manner provided by
291291 Sections 54.601 and 54.602, Water Code.
292292 (d) All or any part of any facilities or improvements that
293293 may be acquired by a district by the issuance of its bonds may be
294294 submitted as a single proposition or as several propositions to be
295295 voted on at the election.
296296 Sec. 4005.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
297297 board may not issue bonds until each municipality in whose
298298 corporate limits or extraterritorial jurisdiction the district is
299299 located has consented by ordinance or resolution to the creation of
300300 the district and to the inclusion of land in the district, as
301301 required by applicable law.
302302 (b) This section applies only to the district's first
303303 issuance of bonds payable from ad valorem taxes.
304304 SUBCHAPTER I. DISSOLUTION
305305 Sec. 4005.0901. DISSOLUTION. (a) The board shall dissolve
306306 the district on written petition filed with the board by the owners
307307 of at least two-thirds of the assessed value of the property subject
308308 to assessment or taxation by the district based on the most recent
309309 certified county property tax rolls.
310310 (b) The board by majority vote may dissolve the district at
311311 any time.
312312 (c) The district may not be dissolved by its board under
313313 Subsection (a) or (b) if the district:
314314 (1) has any outstanding bonded indebtedness until that
315315 bonded indebtedness has been repaid or defeased in accordance with
316316 the order or resolution authorizing the issuance of the bonds;
317317 (2) has a contractual obligation to pay money until
318318 that obligation has been fully paid in accordance with the
319319 contract; or
320320 (3) owns, operates, or maintains public works,
321321 facilities, or improvements unless the district contracts with
322322 another person for the ownership, operation, or maintenance of the
323323 public works, facilities, or improvements.
324324 (d) Sections 375.261, 375.262, and 375.264, Local
325325 Government Code, do not apply to the district.
326326 SECTION 2. The Grand Prairie Management District initially
327327 includes all territory contained in the following area:
328328 TRACT 1: 39.38 acres.
329329 Being a 39.38 acre tract of land located in the Edward R.
330330 Green Survey, Abstract No. 307, Harris County, Texas; said 39.38
331331 acre tract being all of a called 39.365 acre tract recorded in the
332332 name of Betty Sue Dennison Stahman, Cathy Annette Dennison Felts,
333333 and the heirs/devisees of Bobby Gene Dennison under Clerk's File
334334 (C.F.) No. RP-2020-285720 of the Official Public Records of Real
335335 Property of Harris County (O.P.R.R.P.H.C.) (reference C.F.
336336 No. J223460 O.P.RR.P.H.C.); said 39.38 acre tract being more
337337 particularly described by metes and bounds as follows (all bearings
338338 are referenced to the Texas Coordinate System, North American Datum
339339 of 1983 (NAD83), South Central Zone):
340340 Beginning at a 1-inch iron pipe found on the west
341341 right-of-way (R.O.W.) line of Warren Ranch Road (monumented and
342342 occupied as sixty-feet wide) on the north line of the James O'Brien
343343 Survey, Abstract No. 615, and the south line of said Edward R. Green
344344 Survey, at the northeast corner of a called 617.0 acre tract
345345 recorded in the name of Emptor Hockley LLC under C.F
346346 No. RP-2020-106668 of the O.P.R.R.P.H.C., for the southeast corner
347347 of said 39.365 acre tract and the herein described tract;
348348 1. THENCE, with the common line of said James O'Brien Survey
349349 and Edward R. Green Survey, being the north line of said 617.0 acre
350350 tract and the south line of said 39.365 acre tract, South 88 degrees
351351 01 minutes 10 seconds West, a distance of 2,049.96 feet (called
352352 S89^55'13"W 2,050.10') to a 5/8-inch capped iron rod (COSTELLO)
353353 found at the southeast corner of a called 198.4 acre tract recorded
354354 in the name of Emptor Betka, LLC under C.F. No. RP-2020-616041 of
355355 the O.P.R.R.P.H.C., for the southwest corner of the herein
356356 described tract;
357357 2. THENCE, with the east line of said 198.4 acre tract,
358358 being the west line of said 39.365 acre tract, North 01 degrees 48
359359 minutes 44 seconds West, a distance of 1,046.67 feet (called
360360 N00^04'57"E 1,046.77') to a set 5/8-inch capped iron rod
361361 (COSTELLO), at the southwest corner of a called 30 acre tract
362362 recorded in the name of F.E. Dennison under C.F. No. B746174 of the
363363 O.P.R.R.P.H.C., for the northwest corner of the herein described
364364 tract;
365365 3. THENCE, with the south line of said 30 acre tract being
366366 the north line of said 39.365 acre tract, North 87 degrees 51
367367 minutes 54 seconds East, a distance of 808.07 feet (called
368368 N89^47'26"E 807.49') to a set 5/8-inch capped iron rod (COSTELLO) at
369369 the northwest corner of a called 10.000 acre tract recorded in the
370370 name of Victor Pascual under C.F. No. RP-2018-114889 of the
371371 O.P.R.R.P.H.C., for the northerly northeast corner of the herein
372372 described tract;
373373 4. THENCE, with the west line of said 10.000 acre tract,
374374 being the easterly line of said 39.365 acre tract, South 01 degrees
375375 53 minutes 23 seconds East, a distance of 351.00 feet (called
376376 S00^00'40"W 351.00') to a set 5/8-inch capped iron rod (COSTELLO) at
377377 the southwest corner of said 10.000 acre tract, for an interior
378378 corner for the herein described tract;
379379 5. THENCE, with the south line of said 10.000 acre tract,
380380 being the north line of said 39.365 acre tract, North 87 degrees 51
381381 minutes 54 seconds East, a distance of 1,241.03 feet (called
382382 N89^45'13"E 1,241.03') to a set 5/8-inch capped iron rod (COSTELLO)
383383 on the west R.O.W. like of said Warren Ranch Road, at the southeast
384384 corner of said 10.000 acre tract, for the easterly northeast corner
385385 of the herein described tract, from which a 1/2-inch capped iron rod
386386 (PRECISION) found at the northeast corner of said 10.000 acre
387387 tract, being the southeast corner of said 30 acre tract bears North
388388 01 degrees 53 minutes 20 seconds West, a distance of 351.00 feet;
389389 6. THENCE, with the west R.O.W. line of said Warren Ranch
390390 Road, being the east line of said 39.365 acre tract, South 01
391391 degrees 50 minutes 47 seconds East, a distance of 701.20 feet
392392 (called S00^00'40"W 701.21') to the Point of Beginning and
393393 containing 39.38 acres of land.
394394 TRACT 2: 25.003 acres.
395395 COMMENCING FOR REFERENCE: At a 1/2 inch iron rod set in the
396396 West line of Warren Ranch Road for the Northeast corner of the above
397397 30 acre tract and the Southeast corner of a 20 acre tract (Volume
398398 3317, Page 398 Deed Records), said point also being the Northeast
399399 corner of a 2.000 acre tract (Tract 1 being surveyed at the same
400400 time as this tract and not yet recorded);
401401 THENCE: South 02° 29' 44" East a distance of 174.51 feet to a
402402 1/2 inch iron pipe found in the West line of Warren Ranch Road and
403403 being the Northeast corner of a 1.0 acre tract (Clerk's File
404404 No. U766462) and being the Southeast comer of the 2.000 acre tract
405405 (Tract 1);
406406 THENCE: South 02° 08' 51" East a distance of 183.33 feet to a
407407 3/4 inch iron pipe found in the West line of Warren Ranch Road for
408408 the Southeast comer of the 1.0 acre tract and being the Easternmost
409409 Northeast corner and PLACE OF BEGINNING of the herein described
410410 tract;
411411 THENCE: South 01° 48' 54" East a distance of 280.37 feet to a
412412 1/2 inch iron rod found in the West line of Warren Ranch Road for the
413413 Southeast comer of both the herein described tract and the above 30
414414 acre tract, said point being the Northeast comer of a 10.000 acre
415415 tract (Clerk's File No. RP-2018-114889);
416416 THENCE: South 87° 54' 12" West at a distance of 1241.03 feet
417417 passing a 1/2 inch iron rod found 1.4 feet to the right for the
418418 Northwest comer of the 10.000 acre tract and a Northeast comer of a
419419 39.365 acre tract (Clerk's File No. RP-2020-285720) and continuing
420420 on for a total distance of 2047.40 feet to a 1/2 inch iron rod set
421421 for the Southwest corner of both the herein described tract and the
422422 30 acre tract, said point being the Northwest corner of the 39.365
423423 acre tract located in the East line of a tract of land being part of
424424 a called 836.784 acre tract (Clerk's File No. Yl73252);
425425 THENCE: North 02° 04' 03" West a distance of 638.10 feet to a
426426 1/2 inch iron rod found for the Northwest comer of both the herein
427427 described tract and the 30 acre tract and being the Southwest corner
428428 of a 65.239 acre tract (Clerk's File No. RP-2020-175741) located in
429429 the East line of the 836.784 acre tract;
430430 THENCE: North 87° 54' 02" East at a distance of 1133.69 feet
431431 passing a 4 inch iron pipe found for the Southeast corner of the
432432 65.239 acre tract and the Southwest comer of the before mentioned 20
433433 acre tract and continuing on for a total distance of 1438.49 feet to
434434 a 1/2 inch iron rod set for the Northernmost Northeast corner of the
435435 herein described tract located in the South line of the 20 acre
436436 tract, said point being the Northwest corner of the before
437437 mentioned 2.000 acre tract (Tract 1), from said point the
438438 commencing point described above bears North 87° 54' 02" East a
439439 distance of 608.59 feet;
440440 THENCE: South 02° 08' 52" East at a distance of 122.82 feet
441441 passing a 1/2 inch iron rod set for the Westernmost Southwest comer
442442 of the 2.000 acre tract (Tract 1) and the Northwest comer of a 2.000
443443 acre tract (Tract 2 being surveyed at the same time as this tract
444444 and not yet recorded), continuing on for a total distance of 357.20
445445 feet to a 1/2 inch iron rod set for an interior corner of this tract
446446 and the Southwest corner of the 2.000 acre tract (Tract 2);
447447 THENCE: North 87° 57' 38" East at a distance of 371.71 feet
448448 passing a 1/2 inch iron rod set for the Southeast corner of Tract 2
449449 and the Southwest corner of the before mentioned 1.0 acre tract and
450450 continuing on for a total distance of 609.65 feet to the PLACE OF
451451 BEGINNING and containing 25.003 acres of land.
452452 All bearings recited hereon are based on the West line of
453453 Warren Ranch Road running South 01° 48' 54" East.
454454 SECTION 3. (a) The legal notice of the intention to
455455 introduce this Act, setting forth the general substance of this
456456 Act, has been published as provided by law, and the notice and a
457457 copy of this Act have been furnished to all persons, agencies,
458458 officials, or entities to which they are required to be furnished
459459 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
460460 Government Code.
461461 (b) The governor, one of the required recipients, has
462462 submitted the notice and Act to the Texas Commission on
463463 Environmental Quality.
464464 (c) The Texas Commission on Environmental Quality has filed
465465 its recommendations relating to this Act with the governor,
466466 lieutenant governor, and speaker of the house of representatives
467467 within the required time.
468468 (d) All requirements of the constitution and laws of this
469469 state and the rules and procedures of the legislature with respect
470470 to the notice, introduction, and passage of this Act have been
471471 fulfilled and accomplished.
472472 SECTION 4. This Act takes effect immediately if it receives
473473 a vote of two-thirds of all the members elected to each house, as
474474 provided by Section 39, Article III, Texas Constitution. If this
475475 Act does not receive the vote necessary for immediate effect, this
476476 Act takes effect September 1, 2023.
477477 ______________________________ ______________________________
478478 President of the Senate Speaker of the House
479479 I certify that H.B. No. 5372 was passed by the House on May 9,
480480 2023, by the following vote: Yeas 107, Nays 35, 2 present, not
481481 voting; and that the House concurred in Senate amendments to H.B.
482482 No. 5372 on May 25, 2023, by the following vote: Yeas 116, Nays 22,
483483 2 present, not voting.
484484 ______________________________
485485 Chief Clerk of the House
486486 I certify that H.B. No. 5372 was passed by the Senate, with
487487 amendments, on May 23, 2023, by the following vote: Yeas 27, Nays
488488 3, 1 present, not voting.
489489 ______________________________
490490 Secretary of the Senate
491491 APPROVED: __________________
492492 Date
493493 __________________
494494 Governor