H.B. No. 5375
relating to the creation of the Montgomery County Management
District No. 2; providing authority to issue bonds; providing
authority to impose assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3800 to read as follows:
CHAPTER 3800. MONTGOMERY COUNTY MANAGEMENT DISTRICT NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3800.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "County" means Montgomery County.
(3) "Director" means a board member.
(4) "District" means the Montgomery County Management
District No. 2.
Sec. 3800.0102. NATURE OF DISTRICT. The Montgomery County
Management District No. 2 is a special district created under
Section 59, Article XVI, Texas Constitution.
Sec. 3800.0103. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter.
(b) By creating the district and in authorizing the county
and other political subdivisions to contract with the district, the
legislature has established a program to accomplish the public
purposes set out in Section 52-a, Article III, Texas Constitution.
(c) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(d) This chapter and the creation of the district may not be
interpreted to relieve the county from providing the level of
services provided as of the effective date of the Act enacting this
chapter to the area in the district. The district is created to
supplement and not to supplant county or municipal services
provided in the district.
Sec. 3800.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) All land and other property included in the district will
benefit from the improvements and services to be provided by the
district under powers conferred by Sections 52 and 52-a, Article
III, and Section 59, Article XVI, Texas Constitution, and other
powers granted under this chapter.
(b) The district is created to serve a public use and
benefit.
(c) The creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment; and
(3) developing or expanding transportation and
commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center;
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty;
and
(4) provide for water, wastewater, drainage, road, and
recreational facilities for the district.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3800.0105. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bonds for the purposes
for which the district is created or to pay the principal of and
interest on the bonds;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3800.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code; or
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code.
Sec. 3800.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3800.0108. CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3800.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five directors elected or appointed as
provided by this chapter and Subchapter D, Chapter 49, Water Code.
(b) Except as provided by Section 3800.0203, directors
serve staggered four-year terms.
Sec. 3800.0202. COMPENSATION. A director is entitled to
receive fees of office and reimbursement for actual expenses as
provided by Section 49.060, Water Code. Sections 375.069 and
375.070, Local Government Code, do not apply to the board.
Sec. 3800.0203. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act creating this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district according to the most recent certified tax appraisal roll
for the county may submit a petition to the Texas Commission on
Environmental Quality requesting that the commission appoint as
temporary directors the five persons named in the petition. The
commission shall appoint as temporary directors the five persons
named in the petition.
(b) The temporary or successor temporary directors shall
hold an election to elect five permanent directors as provided by
Section 49.102, Water Code.
(c) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Subsection (b); or
(2) the fourth anniversary of the effective date of
the Act creating this chapter.
(d) If permanent directors have not been elected under
Subsection (b) and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (e) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Subsection (b); or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(e) If Subsection (d) applies, the owner or owners of a
majority of the assessed value of the real property in the district
according to the most recent certified tax appraisal roll for the
county may submit a petition to the Texas Commission on
Environmental Quality requesting that the commission appoint as
successor temporary directors the five persons named in the
petition. The commission shall appoint as successor temporary
directors the five persons named in the petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3800.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3800.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
district, using any money available to the district for the
purpose, may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service authorized under this chapter or Chapter 375, Local
Government Code.
(b) The district may contract with a governmental or private
entity to carry out an action under Subsection (a).
(c) The implementation of a district project or service is a
governmental function or service for the purposes of Chapter 791,
Government Code.
Sec. 3800.0303. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the county, to provide law enforcement services in the
district for a fee.
Sec. 3800.0304. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
The district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 3800.0305. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
district may engage in activities that accomplish the economic
development purposes of the district.
(b) The district may establish and provide for the
administration of one or more programs to promote state or local
economic development and to stimulate business and commercial
activity in the district, including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(c) The district may create economic development programs
and exercise the economic development powers provided to
municipalities by:
(1) Chapter 380, Local Government Code; and
(2) Subchapter A, Chapter 1509, Government Code.
Sec. 3800.0306. PARKING FACILITIES. (a) The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain parking facilities or a system of parking
facilities, including lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
years.
(c) The district's parking facilities are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 3800.0307. ADDING OR EXCLUDING LAND. The district may
add or exclude land in the manner provided by Subchapter J, Chapter
49, Water Code, or by Subchapter H, Chapter 54, Water Code.
Sec. 3800.0308. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of district money.
Sec. 3800.0309. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. ASSESSMENTS
Sec. 3800.0401. PETITION REQUIRED FOR FINANCING SERVICES
AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this chapter
unless a written petition requesting that service or improvement
has been filed with the board.
(b) A petition filed under Subsection (a) must be signed by
the owners of a majority of the assessed value of real property in
the district subject to assessment according to the most recent
certified tax appraisal roll for the county.
Sec. 3800.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose and collect an assessment for any
purpose authorized by this chapter in all or any part of the
district.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
SUBCHAPTER E. TAXES AND BONDS
Sec. 3800.0501. TAX ELECTION REQUIRED. (a) The district
must hold an election in the manner provided by Chapter 49, Water
Code, or, if applicable, Chapter 375, Local Government Code, to
obtain voter approval before the district may impose an ad valorem
tax.
(b) Section 375.243, Local Government Code, does not apply
to the district.
Sec. 3800.0502. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election under Section 3800.0501, the district may impose an
operation and maintenance tax on taxable property in the district
in the manner provided by Section 49.107, Water Code, for any
district purpose, including to:
(1) maintain and operate the district;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The board shall determine the operation and maintenance
tax rate. The rate may not exceed the rate approved at the
election.
Sec. 3800.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
terms determined by the board.
(b) The district may issue bonds, notes, or other
obligations payable wholly or partly from ad valorem taxes,
assessments, impact fees, revenue, contract payments, grants, or
other district money, or any combination of those sources of money,
to pay for any authorized district purpose.
(c) The limitation on the outstanding principal amount of
bonds, notes, or other obligations provided by Section 49.4645,
Water Code, does not apply to the district.
Sec. 3800.0504. BONDS SECURED BY REVENUE OR CONTRACT
PAYMENTS. The district may issue, without an election, bonds
secured by:
(1) revenue other than ad valorem taxes, including
contract revenues; or
(2) contract payments, provided that the requirements
of Section 49.108, Water Code, have been met.
Sec. 3800.0505. BONDS SECURED BY AD VALOREM TAXES;
ELECTIONS. (a) If authorized at an election under Section
3800.0501, the district may issue bonds payable from ad valorem
taxes.
(b) At the time the district issues bonds payable wholly or
partly from ad valorem taxes, the board shall provide for the annual
imposition of a continuing direct annual ad valorem tax, without
limit as to rate or amount, for each year that all or part of the
bonds are outstanding as required and in the manner provided by
Sections 54.601 and 54.602, Water Code.
(c) All or any part of any facilities or improvements that
may be acquired by a district by the issuance of its bonds may be
submitted as a single proposition or as several propositions to be
voted on at the election.
Sec. 3800.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
board may not issue bonds until each municipality in whose
corporate limits or extraterritorial jurisdiction the district is
located has consented by ordinance or resolution to the creation of
the district and to the inclusion of land in the district, as
required by applicable law.
(b) This section applies only to the district's first
issuance of bonds payable from ad valorem taxes.
SUBCHAPTER F. SALES AND USE TAX
Sec. 3800.0601. APPLICABILITY OF CERTAIN TAX CODE
PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition,
computation, administration, enforcement, and collection of the
sales and use tax authorized by this subchapter except to the extent
Chapter 321, Tax Code, is inconsistent with this chapter.
(b) A reference in Chapter 321, Tax Code, to a municipality
or the governing body of a municipality is a reference to the
district or the board, respectively.
Sec. 3800.0602. ELECTION; ADOPTION OF TAX. (a) The
district may adopt a sales and use tax if authorized by a majority
of the voters of the district voting at an election held for that
purpose.
(b) The board by order may call an election to authorize the
adoption of the sales and use tax. The election may be held on any
uniform election date and in conjunction with any other district
election.
(c) The ballot shall be printed to provide for voting for or
against the proposition: "Authorization of a sales and use tax in
the Montgomery County Management District No. 2 at a rate not to
exceed ____ percent" (insert rate of one or more increments of
one-eighth of one percent).
Sec. 3800.0603. SALES AND USE TAX RATE. (a) On or after the
date the results are declared of an election held under Section
3800.0602 at which the voters approved imposition of the tax
authorized by this subchapter, the board shall determine and adopt
by resolution or order the initial rate of the tax, which must be in
one or more increments of one-eighth of one percent.
(b) After the authorization of a tax under Section
3800.0602, the board may increase or decrease the rate of the tax by
one or more increments of one-eighth of one percent.
(c) The board may not decrease the rate of the tax if the
decrease would impair the repayment of any outstanding debt or
obligation payable from the tax.
(d) The initial rate of the tax or any rate resulting from
subsequent increases or decreases may not exceed the lesser of:
(1) the maximum rate authorized by the district voters
at the election held under Section 3800.0602; or
(2) a rate that, when added to the rates of all sales
and use taxes imposed by other political subdivisions with
territory in the district, would result in the maximum combined
rate prescribed by Section 321.101(f), Tax Code, at any location in
the district.
(e) In determining whether the combined sales and use tax
rate under Subsection (d)(2) would exceed the maximum combined rate
prescribed by Section 321.101(f), Tax Code, at any location in the
district, the board shall include:
(1) any sales and use tax imposed by a political
subdivision whose territory overlaps all or part of the district;
(2) any sales and use tax to be imposed by the county
or a municipality in which the district is located as a result of an
election held on the same date as the election held under Section
3800.0602; and
(3) any increase to an existing sales and use tax
imposed by the county or a municipality in which the district is
located as a result of an election held on the same date as the
election held under Section 3800.0602.
(f) If the district adopts a sales and use tax authorized at
an election under Section 3800.0602 and subsequently includes new
territory in the district, the district:
(1) is not required to hold another election to
approve the imposition of the sales and use tax in the included
territory; and
(2) shall impose the sales and use tax in the included
territory as provided by Chapter 321, Tax Code.
(g) If the district adopts a sales and use tax authorized at
an election under Section 3800.0602 and subsequently excludes
territory in the district, the sales and use tax is inapplicable to
the excluded territory as provided by Chapter 321, Tax Code, but is
applicable to the territory remaining in the district.
Sec. 3800.0604. TAX AFTER MUNICIPAL ANNEXATION. (a) This
section applies to the district after a municipality annexes part
of the territory in the district and imposes the municipality's
sales and use tax in the annexed territory.
(b) If at the time of annexation the district has
outstanding debt or other obligations payable wholly or partly from
district sales and use tax revenue, Section 321.102(g), Tax Code,
applies to the district.
(c) If at the time of annexation the district does not have
outstanding debt or other obligations payable wholly or partly from
district sales and use tax revenue, the district may:
(1) exclude the annexed territory from the district,
if the district has no outstanding debt or other obligations
payable from any source; or
(2) reduce the sales and use tax in the annexed
territory by resolution or order of the board to a rate that, when
added to the sales and use tax rate imposed by the municipality in
the annexed territory, is equal to the sales and use tax rate
imposed by the district in the district territory that was not
annexed by the municipality.
Sec. 3800.0605. NOTIFICATION OF RATE CHANGE. The board
shall notify the comptroller of any changes made to the tax rate
under this subchapter in the same manner the municipal secretary
provides notice to the comptroller under Section 321.405(b), Tax
Code.
Sec. 3800.0606. USE OF REVENUE. Revenue from the sales and
use tax imposed under this subchapter is for the use and benefit of
the district and may be used for any district purpose. The district
may pledge all or part of the revenue to the payment of bonds,
notes, or other obligations, and that pledge of revenue may be in
combination with other revenue, including tax revenue, available to
the district.
Sec. 3800.0607. ABOLITION OF TAX. (a) Except as provided
by Subsection (b), the board may abolish the tax imposed under this
subchapter without an election.
(b) The board may not abolish the tax imposed under this
subchapter if the district has any outstanding debt or obligation
secured by the tax, and repayment of the debt or obligation would be
impaired by the abolition of the tax.
(c) If the board abolishes the tax, the board shall notify
the comptroller of that action in the same manner the municipal
secretary provides notice to the comptroller under Section
321.405(b), Tax Code.
(d) If the board abolishes the tax or decreases the tax rate
to zero, a new election to authorize a sales and use tax must be held
under Section 3800.0602 before the district may subsequently impose
the tax.
(e) This section does not apply to a decrease in the sales
and use tax authorized under Section 3800.0604(c)(2).
SUBCHAPTER I. DISSOLUTION
Sec. 3800.0901. DISSOLUTION. (a) The board shall dissolve
the district on written petition filed with the board by the owners
of at least two-thirds of the assessed value of the property subject
to assessment or taxation by the district based on the most recent
certified county property tax rolls.
(b) The board by majority vote may dissolve the district at
any time.
(c) The district may not be dissolved by its board under
Subsection (a) or (b) if the district:
(1) has any outstanding bonded indebtedness until that
bonded indebtedness has been repaid or defeased in accordance with
the order or resolution authorizing the issuance of the bonds;
(2) has a contractual obligation to pay money until
that obligation has been fully paid in accordance with the
contract; or
(3) owns, operates, or maintains public works,
facilities, or improvements unless the district contracts with
another person for the ownership, operation, or maintenance of the
public works, facilities, or improvements.
(d) Sections 375.261, 375.262, and 375.264, Local
Government Code, do not apply to the district.
SECTION 2. The Montgomery County Management District No. 2
initially includes all territory contained in the following area:
Being 57.4 acres of land, more or less, located in the Raleigh
Rogers Survey, Abstract 33, Montgomery County, Texas, out of land
conveyed to Homeplace Lands, LLC, as recorded under Clerk's File
No. 2012125424 of the Official Public Records of Real Property,
Montgomery County, Texas, (O.P.R.M.C.), being comprised of three
(3) tracts as described below; said 57.4 acres, more or less, being
more particularly described as follows, with all bearings
referenced to the Texas Coordinate System, Central Zone, NAD83
(NA2011) Epoch 2010.00:
TRACT 1: 8.1 Acres
BEGINNING at a corner of a 50 acre tract (Tract 7), as
recorded under Clerk's File No. 2012125424 of the O.P.R.M.C., also
being the northeast corner of an 18.69 acre tract as described under
Clerk's File No. 2005-078277 of the Official Public Records of Real
Property Montgomery County, Texas (O.P.R.R.P.M.C.), lying in the
westerly right-of-way line of F.M. 2854;
THENCE SOUTHWESTERLY approximately 612 feet, more or less,
with and adjoining the northerly line of said 18.69 acre tract, to
an easterly corner of a 123.962 acre tract as defined under Clerk's
File No. 2009-017518 of the O.P.R.R.P.M.C.,
THENCE NORTHWESTERLY approximately 512 feet, more or less,
with and adjoining an easterly line of said 123.962 acre tract, also
being the centerline of the meanders of MOUND CREEK, to a westerly
corner of the herein described tract, lying in a southerly
right-of-way line of a proposed 80 foot public road, as reserved in
document recorded under Clerk's File No. 2009-017518;
THENCE NORTHEASTERLY approximately 729 feet, more or less,
with and adjoining said southerly line of said proposed 80 foot
public road , to the southwesterly right-of-way line of F.M. 2854
(width varies);
THENCE SOUTHEASTERLY approximately 586 feet, more or less,
with and adjoining said southwesterly right-of-way line of F.M.
2854, to the POINT OF BEGINNING, and containing approximately 8.1
acres of land. This document was prepared under 22 Texas
Administrative Code §138.95, does not reflect the results of an on
the ground survey, and is not to be used to convey or establish
interests in real property except those rights and interests
implied or established by the creation or reconfiguration of the
boundary of the political subdivision for which it was prepared.
TRACT 2: 25.7 Acres
COMMENCING at a southeast corner of a 50 acre tract (Tract 7),
as recorded under Clerk's File No. 2012125424 of the O.P.R.M.C.,
also being the northeast corner of an 18.69 acre tract as described
under Clerk's File No. 2005-078277 of the Official Public Records
of Real Property Montgomery County, Texas (O.P.R.R.P.M.C.), lying
in the westerly right-of-way line of F.M. 2854;
THENCE NORTHWESTERLY approximately 716.1 feet, more or less,
with and adjoining said southwesterly right-of-way line of F.M.
2854, to the POINT OF BEGINNING of the herein described tract, also
being the intersection of the northerly line of a right-of-way line
of a proposed 80 foot public road, (southerly alignment) as
reserved in document recorded under Clerk's File No. 2009-017518 of
the O.P.R.R.P.M.C., and the southwesterly right-of-way line of said
F.M. 2854, said public road being a portion of a 123.962 acre tract
described under Clerk's File No. 2009-017518 of the
O.P.R.R.P.M.C.;
THENCE SOUTHWESTERLY approximately 810 feet, more or less,
with and adjoining the northwesterly line of said proposed 80 feet
public road, to centerline of MOUND CREEK and easterly line of said
123.962 acre tract;
THENCE NORTHWESTERLY approximately 2,239 feet, more or less,
with and adjoining said easterly line of the 123.962 acre tract,
also being the meanders of MOUND CREEK, to the northwest corner of
the herein described tract, lying in the northwesterly line of said
123.962 acre tract, also being a northwesterly corner of a 0.8579
acre tract as recorded under Clerk's File No. 2018005220 of the
O.P.R.M.C.;
THENCE NORTHEASTERLY approximately 859 feet, more or less,
with and adjoining the northwesterly line of said 0.8579 acre
tract, to a northerly corner of the herein described tract, lying in
the southwesterly right-of-way line of said F.M. 2854;
THENCE SOUTHEASTERLY approximately 1,268 feet, more or less,
with and adjoining said southwesterly right-of-way line of F.M.
2854, to the POINT OF BEGINNING, and containing approximately 25.7
acres. This document was prepared under 22 Texas Administrative
Code §138.95, does not reflect the results of an on the ground
survey, and is not to be used to convey or establish interests in
real property except those rights and interests implied or
established by the creation or reconfiguration of the boundary of
the political subdivision for which it was prepared.
TRACT 3: 23.6 Acres
BEGINNING at a northeast corner of an 18.984 acre tract, as
described in a deed recorded under Clerk's File No. 8216886 of the
Official Public Records of Real Property Montgomery County, Texas
(O.P.R.R.P.M.C.)., lying in the southwesterly right-of-way line of
F.M. 2854;
THENCE SOUTHEASTERLY approximately 982 feet, more or less,
with and adjoining said southwesterly right-of-way line of F.M.
2854, to the southeast corner of the herein described tract, also
being the north corner of a 0.8579 acre tract as recorded under
Clerk's File No. 2018005219 of the Official Public Records of
Montgomery County, Texas (O.P.R.M.C.);
THENCE SOUTHWESTERLY approximately 1,174 feet, more or less,
with and adjoining the northwesterly line of said 0.8579 acre tract
and a 2.975 acre tract as recorded under Clerk's File No, 2018005218
of the O.P.R.M.C., to a southwesterly corner of the herein
described tract;
THENCE NORTHWESTERLY approximately 353 feet, more or less, to
a westerly corner of the herein described tract, also being the
southwest corner of said 18.984 acre tract;
THENCE NORTHERLY approximately 950 feet, more or less, to a
northwesterly corner of the herein described tract;
THENCE NORTHEASTERLY approximately 523 feet, more or less, to
the POINT OF BEGINNING, and containing approximately 23.6 acres.
This document was prepared under 22 Texas Administrative Code §
138.95, does not reflect the results of an on the ground survey,
and is not to be used to convey or establish interests in real
property except those rights and interests implied or established
by the creation or reconfiguration of the boundary of the political
subdivision for which it was prepared.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act have been
fulfilled and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 5375 was passed by the House on May
12, 2023, by the following vote: Yeas 128, Nays 11, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 5375 was passed by the Senate on May
24, 2023, by the following vote: Yeas 28, Nays 3.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor