Texas 2023 - 88th Regular

Texas House Bill HB5375 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 5375
2	2
3	3
4	4	relating to the creation of the Montgomery County Management
5	5	District No. 2; providing authority to issue bonds; providing
6	6	authority to impose assessments, fees, and taxes.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subtitle C, Title 4, Special District Local Laws
9	9	Code, is amended by adding Chapter 3800 to read as follows:
10	10	CHAPTER 3800. MONTGOMERY COUNTY MANAGEMENT DISTRICT NO. 2
11	11	SUBCHAPTER A. GENERAL PROVISIONS
12	12	Sec. 3800.0101. DEFINITIONS. In this chapter:
13	13	(1) "Board" means the district's board of directors.
14	14	(2) "County" means Montgomery County.
15	15	(3) "Director" means a board member.
16	16	(4) "District" means the Montgomery County Management
17	17	District No. 2.
18	18	Sec. 3800.0102. NATURE OF DISTRICT. The Montgomery County
19	19	Management District No. 2 is a special district created under
20	20	Section 59, Article XVI, Texas Constitution.
21	21	Sec. 3800.0103. PURPOSE; DECLARATION OF INTENT. (a) The
22	22	creation of the district is essential to accomplish the purposes of
23	23	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
24	24	Texas Constitution, and other public purposes stated in this
25	25	chapter.
26	26	(b) By creating the district and in authorizing the county
27	27	and other political subdivisions to contract with the district, the
28	28	legislature has established a program to accomplish the public
29	29	purposes set out in Section 52-a, Article III, Texas Constitution.
30	30	(c) The creation of the district is necessary to promote,
31	31	develop, encourage, and maintain employment, commerce,
32	32	transportation, housing, tourism, recreation, the arts,
33	33	entertainment, economic development, safety, and the public
34	34	welfare in the district.
35	35	(d) This chapter and the creation of the district may not be
36	36	interpreted to relieve the county from providing the level of
37	37	services provided as of the effective date of the Act enacting this
38	38	chapter to the area in the district. The district is created to
39	39	supplement and not to supplant county or municipal services
40	40	provided in the district.
41	41	Sec. 3800.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
42	42	(a) All land and other property included in the district will
43	43	benefit from the improvements and services to be provided by the
44	44	district under powers conferred by Sections 52 and 52-a, Article
45	45	III, and Section 59, Article XVI, Texas Constitution, and other
46	46	powers granted under this chapter.
47	47	(b) The district is created to serve a public use and
48	48	benefit.
49	49	(c) The creation of the district is in the public interest
50	50	and is essential to further the public purposes of:
51	51	(1) developing and diversifying the economy of the
52	52	state;
53	53	(2) eliminating unemployment and underemployment; and
54	54	(3) developing or expanding transportation and
55	55	commerce.
56	56	(d) The district will:
57	57	(1) promote the health, safety, and general welfare of
58	58	residents, employers, potential employees, employees, visitors,
59	59	and consumers in the district, and of the public;
60	60	(2) provide needed funding for the district to
61	61	preserve, maintain, and enhance the economic health and vitality of
62	62	the district territory as a community and business center;
63	63	(3) promote the health, safety, welfare, and enjoyment
64	64	of the public by providing pedestrian ways and by landscaping and
65	65	developing certain areas in the district, which are necessary for
66	66	the restoration, preservation, and enhancement of scenic beauty;
67	67	and
68	68	(4) provide for water, wastewater, drainage, road, and
69	69	recreational facilities for the district.
70	70	(e) Pedestrian ways along or across a street, whether at
71	71	grade or above or below the surface, and street lighting, street
72	72	landscaping, parking, and street art objects are parts of and
73	73	necessary components of a street and are considered to be a street
74	74	or road improvement.
75	75	(f) The district will not act as the agent or
76	76	instrumentality of any private interest even though the district
77	77	will benefit many private interests as well as the public.
78	78	Sec. 3800.0105. INITIAL DISTRICT TERRITORY. (a) The
79	79	district is initially composed of the territory described by
80	80	Section 2 of the Act enacting this chapter.
81	81	(b) The boundaries and field notes contained in Section 2 of
82	82	the Act enacting this chapter form a closure. A mistake in the
83	83	field notes or in copying the field notes in the legislative process
84	84	does not affect the district's:
85	85	(1) organization, existence, or validity;
86	86	(2) right to issue any type of bonds for the purposes
87	87	for which the district is created or to pay the principal of and
88	88	interest on the bonds;
89	89	(3) right to impose or collect an assessment or tax; or
90	90	(4) legality or operation.
91	91	Sec. 3800.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
92	92	All or any part of the area of the district is eligible to be
93	93	included in:
94	94	(1) a tax increment reinvestment zone created under
95	95	Chapter 311, Tax Code; or
96	96	(2) a tax abatement reinvestment zone created under
97	97	Chapter 312, Tax Code.
98	98	Sec. 3800.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
99	99	DISTRICTS LAW. Except as otherwise provided by this chapter,
100	100	Chapter 375, Local Government Code, applies to the district.
101	101	Sec. 3800.0108. CONSTRUCTION OF CHAPTER. This chapter
102	102	shall be liberally construed in conformity with the findings and
103	103	purposes stated in this chapter.
104	104	SUBCHAPTER B. BOARD OF DIRECTORS
105	105	Sec. 3800.0201. GOVERNING BODY; TERMS. (a) The district is
106	106	governed by a board of five directors elected or appointed as
107	107	provided by this chapter and Subchapter D, Chapter 49, Water Code.
108	108	(b) Except as provided by Section 3800.0203, directors
109	109	serve staggered four-year terms.
110	110	Sec. 3800.0202. COMPENSATION. A director is entitled to
111	111	receive fees of office and reimbursement for actual expenses as
112	112	provided by Section 49.060, Water Code. Sections 375.069 and
113	113	375.070, Local Government Code, do not apply to the board.
114	114	Sec. 3800.0203. TEMPORARY DIRECTORS. (a) On or after the
115	115	effective date of the Act creating this chapter, the owner or owners
116	116	of a majority of the assessed value of the real property in the
117	117	district according to the most recent certified tax appraisal roll
118	118	for the county may submit a petition to the Texas Commission on
119	119	Environmental Quality requesting that the commission appoint as
120	120	temporary directors the five persons named in the petition. The
121	121	commission shall appoint as temporary directors the five persons
122	122	named in the petition.
123	123	(b) The temporary or successor temporary directors shall
124	124	hold an election to elect five permanent directors as provided by
125	125	Section 49.102, Water Code.
126	126	(c) Temporary directors serve until the earlier of:
127	127	(1) the date permanent directors are elected under
128	128	Subsection (b); or
129	129	(2) the fourth anniversary of the effective date of
130	130	the Act creating this chapter.
131	131	(d) If permanent directors have not been elected under
132	132	Subsection (b) and the terms of the temporary directors have
133	133	expired, successor temporary directors shall be appointed or
134	134	reappointed as provided by Subsection (e) to serve terms that
135	135	expire on the earlier of:
136	136	(1) the date permanent directors are elected under
137	137	Subsection (b); or
138	138	(2) the fourth anniversary of the date of the
139	139	appointment or reappointment.
140	140	(e) If Subsection (d) applies, the owner or owners of a
141	141	majority of the assessed value of the real property in the district
142	142	according to the most recent certified tax appraisal roll for the
143	143	county may submit a petition to the Texas Commission on
144	144	Environmental Quality requesting that the commission appoint as
145	145	successor temporary directors the five persons named in the
146	146	petition. The commission shall appoint as successor temporary
147	147	directors the five persons named in the petition.
148	148	SUBCHAPTER C. POWERS AND DUTIES
149	149	Sec. 3800.0301. GENERAL POWERS AND DUTIES. The district
150	150	has the powers and duties necessary to accomplish the purposes for
151	151	which the district is created.
152	152	Sec. 3800.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
153	153	district, using any money available to the district for the
154	154	purpose, may provide, design, construct, acquire, improve,
155	155	relocate, operate, maintain, or finance an improvement project or
156	156	service authorized under this chapter or Chapter 375, Local
157	157	Government Code.
158	158	(b) The district may contract with a governmental or private
159	159	entity to carry out an action under Subsection (a).
160	160	(c) The implementation of a district project or service is a
161	161	governmental function or service for the purposes of Chapter 791,
162	162	Government Code.
163	163	Sec. 3800.0303. LAW ENFORCEMENT SERVICES. To protect the
164	164	public interest, the district may contract with a qualified party,
165	165	including the county, to provide law enforcement services in the
166	166	district for a fee.
167	167	Sec. 3800.0304. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
168	168	The district may join and pay dues to a charitable or nonprofit
169	169	organization that performs a service or provides an activity
170	170	consistent with the furtherance of a district purpose.
171	171	Sec. 3800.0305. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
172	172	district may engage in activities that accomplish the economic
173	173	development purposes of the district.
174	174	(b) The district may establish and provide for the
175	175	administration of one or more programs to promote state or local
176	176	economic development and to stimulate business and commercial
177	177	activity in the district, including programs to:
178	178	(1) make loans and grants of public money; and
179	179	(2) provide district personnel and services.
180	180	(c) The district may create economic development programs
181	181	and exercise the economic development powers provided to
182	182	municipalities by:
183	183	(1) Chapter 380, Local Government Code; and
184	184	(2) Subchapter A, Chapter 1509, Government Code.
185	185	Sec. 3800.0306. PARKING FACILITIES. (a) The district may
186	186	acquire, lease as lessor or lessee, construct, develop, own,
187	187	operate, and maintain parking facilities or a system of parking
188	188	facilities, including lots, garages, parking terminals, or other
189	189	structures or accommodations for parking motor vehicles off the
190	190	streets and related appurtenances.
191	191	(b) The district's parking facilities serve the public
192	192	purposes of the district and are owned, used, and held for a public
193	193	purpose even if leased or operated by a private entity for a term of
194	194	years.
195	195	(c) The district's parking facilities are parts of and
196	196	necessary components of a street and are considered to be a street
197	197	or road improvement.
198	198	(d) The development and operation of the district's parking
199	199	facilities may be considered an economic development program.
200	200	Sec. 3800.0307. ADDING OR EXCLUDING LAND. The district may
201	201	add or exclude land in the manner provided by Subchapter J, Chapter
202	202	49, Water Code, or by Subchapter H, Chapter 54, Water Code.
203	203	Sec. 3800.0308. DISBURSEMENTS AND TRANSFERS OF MONEY. The
204	204	board by resolution shall establish the number of directors'
205	205	signatures and the procedure required for a disbursement or
206	206	transfer of district money.
207	207	Sec. 3800.0309. NO EMINENT DOMAIN POWER. The district may
208	208	not exercise the power of eminent domain.
209	209	SUBCHAPTER D. ASSESSMENTS
210	210	Sec. 3800.0401. PETITION REQUIRED FOR FINANCING SERVICES
211	211	AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
212	212	service or improvement project with assessments under this chapter
213	213	unless a written petition requesting that service or improvement
214	214	has been filed with the board.
215	215	(b) A petition filed under Subsection (a) must be signed by
216	216	the owners of a majority of the assessed value of real property in
217	217	the district subject to assessment according to the most recent
218	218	certified tax appraisal roll for the county.
219	219	Sec. 3800.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
220	220	The board by resolution may impose and collect an assessment for any
221	221	purpose authorized by this chapter in all or any part of the
222	222	district.
223	223	(b) An assessment, a reassessment, or an assessment
224	224	resulting from an addition to or correction of the assessment roll
225	225	by the district, penalties and interest on an assessment or
226	226	reassessment, an expense of collection, and reasonable attorney's
227	227	fees incurred by the district:
228	228	(1) are a first and prior lien against the property
229	229	assessed;
230	230	(2) are superior to any other lien or claim other than
231	231	a lien or claim for county, school district, or municipal ad valorem
232	232	taxes; and
233	233	(3) are the personal liability of and a charge against
234	234	the owners of the property even if the owners are not named in the
235	235	assessment proceedings.
236	236	(c) The lien is effective from the date of the board's
237	237	resolution imposing the assessment until the date the assessment is
238	238	paid. The board may enforce the lien in the same manner that the
239	239	board may enforce an ad valorem tax lien against real property.
240	240	(d) The board may make a correction to or deletion from the
241	241	assessment roll that does not increase the amount of assessment of
242	242	any parcel of land without providing notice and holding a hearing in
243	243	the manner required for additional assessments.
244	244	SUBCHAPTER E. TAXES AND BONDS
245	245	Sec. 3800.0501. TAX ELECTION REQUIRED. (a) The district
246	246	must hold an election in the manner provided by Chapter 49, Water
247	247	Code, or, if applicable, Chapter 375, Local Government Code, to
248	248	obtain voter approval before the district may impose an ad valorem
249	249	tax.
250	250	(b) Section 375.243, Local Government Code, does not apply
251	251	to the district.
252	252	Sec. 3800.0502. OPERATION AND MAINTENANCE TAX. (a) If
253	253	authorized by a majority of the district voters voting at an
254	254	election under Section 3800.0501, the district may impose an
255	255	operation and maintenance tax on taxable property in the district
256	256	in the manner provided by Section 49.107, Water Code, for any
257	257	district purpose, including to:
258	258	(1) maintain and operate the district;
259	259	(2) construct or acquire improvements; or
260	260	(3) provide a service.
261	261	(b) The board shall determine the operation and maintenance
262	262	tax rate. The rate may not exceed the rate approved at the
263	263	election.
264	264	Sec. 3800.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
265	265	BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
266	266	terms determined by the board.
267	267	(b) The district may issue bonds, notes, or other
268	268	obligations payable wholly or partly from ad valorem taxes,
269	269	assessments, impact fees, revenue, contract payments, grants, or
270	270	other district money, or any combination of those sources of money,
271	271	to pay for any authorized district purpose.
272	272	(c) The limitation on the outstanding principal amount of
273	273	bonds, notes, or other obligations provided by Section 49.4645,
274	274	Water Code, does not apply to the district.
275	275	Sec. 3800.0504. BONDS SECURED BY REVENUE OR CONTRACT
276	276	PAYMENTS. The district may issue, without an election, bonds
277	277	secured by:
278	278	(1) revenue other than ad valorem taxes, including
279	279	contract revenues; or
280	280	(2) contract payments, provided that the requirements
281	281	of Section 49.108, Water Code, have been met.
282	282	Sec. 3800.0505. BONDS SECURED BY AD VALOREM TAXES;
283	283	ELECTIONS. (a) If authorized at an election under Section
284	284	3800.0501, the district may issue bonds payable from ad valorem
285	285	taxes.
286	286	(b) At the time the district issues bonds payable wholly or
287	287	partly from ad valorem taxes, the board shall provide for the annual
288	288	imposition of a continuing direct annual ad valorem tax, without
289	289	limit as to rate or amount, for each year that all or part of the
290	290	bonds are outstanding as required and in the manner provided by
291	291	Sections 54.601 and 54.602, Water Code.
292	292	(c) All or any part of any facilities or improvements that
293	293	may be acquired by a district by the issuance of its bonds may be
294	294	submitted as a single proposition or as several propositions to be
295	295	voted on at the election.
296	296	Sec. 3800.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
297	297	board may not issue bonds until each municipality in whose
298	298	corporate limits or extraterritorial jurisdiction the district is
299	299	located has consented by ordinance or resolution to the creation of
300	300	the district and to the inclusion of land in the district, as
301	301	required by applicable law.
302	302	(b) This section applies only to the district's first
303	303	issuance of bonds payable from ad valorem taxes.
304	304	SUBCHAPTER F. SALES AND USE TAX
305	305	Sec. 3800.0601. APPLICABILITY OF CERTAIN TAX CODE
306	306	PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition,
307	307	computation, administration, enforcement, and collection of the
308	308	sales and use tax authorized by this subchapter except to the extent
309	309	Chapter 321, Tax Code, is inconsistent with this chapter.
310	310	(b) A reference in Chapter 321, Tax Code, to a municipality
311	311	or the governing body of a municipality is a reference to the
312	312	district or the board, respectively.
313	313	Sec. 3800.0602. ELECTION; ADOPTION OF TAX. (a) The
314	314	district may adopt a sales and use tax if authorized by a majority
315	315	of the voters of the district voting at an election held for that
316	316	purpose.
317	317	(b) The board by order may call an election to authorize the
318	318	adoption of the sales and use tax. The election may be held on any
319	319	uniform election date and in conjunction with any other district
320	320	election.
321	321	(c) The ballot shall be printed to provide for voting for or
322	322	against the proposition: "Authorization of a sales and use tax in
323	323	the Montgomery County Management District No. 2 at a rate not to
324	324	exceed ____ percent" (insert rate of one or more increments of
325	325	one-eighth of one percent).
326	326	Sec. 3800.0603. SALES AND USE TAX RATE. (a) On or after the
327	327	date the results are declared of an election held under Section
328	328	3800.0602 at which the voters approved imposition of the tax
329	329	authorized by this subchapter, the board shall determine and adopt
330	330	by resolution or order the initial rate of the tax, which must be in
331	331	one or more increments of one-eighth of one percent.
332	332	(b) After the authorization of a tax under Section
333	333	3800.0602, the board may increase or decrease the rate of the tax by
334	334	one or more increments of one-eighth of one percent.
335	335	(c) The board may not decrease the rate of the tax if the
336	336	decrease would impair the repayment of any outstanding debt or
337	337	obligation payable from the tax.
338	338	(d) The initial rate of the tax or any rate resulting from
339	339	subsequent increases or decreases may not exceed the lesser of:
340	340	(1) the maximum rate authorized by the district voters
341	341	at the election held under Section 3800.0602; or
342	342	(2) a rate that, when added to the rates of all sales
343	343	and use taxes imposed by other political subdivisions with
344	344	territory in the district, would result in the maximum combined
345	345	rate prescribed by Section 321.101(f), Tax Code, at any location in
346	346	the district.
347	347	(e) In determining whether the combined sales and use tax
348	348	rate under Subsection (d)(2) would exceed the maximum combined rate
349	349	prescribed by Section 321.101(f), Tax Code, at any location in the
350	350	district, the board shall include:
351	351	(1) any sales and use tax imposed by a political
352	352	subdivision whose territory overlaps all or part of the district;
353	353	(2) any sales and use tax to be imposed by the county
354	354	or a municipality in which the district is located as a result of an
355	355	election held on the same date as the election held under Section
356	356	3800.0602; and
357	357	(3) any increase to an existing sales and use tax
358	358	imposed by the county or a municipality in which the district is
359	359	located as a result of an election held on the same date as the
360	360	election held under Section 3800.0602.
361	361	(f) If the district adopts a sales and use tax authorized at
362	362	an election under Section 3800.0602 and subsequently includes new
363	363	territory in the district, the district:
364	364	(1) is not required to hold another election to
365	365	approve the imposition of the sales and use tax in the included
366	366	territory; and
367	367	(2) shall impose the sales and use tax in the included
368	368	territory as provided by Chapter 321, Tax Code.
369	369	(g) If the district adopts a sales and use tax authorized at
370	370	an election under Section 3800.0602 and subsequently excludes
371	371	territory in the district, the sales and use tax is inapplicable to
372	372	the excluded territory as provided by Chapter 321, Tax Code, but is
373	373	applicable to the territory remaining in the district.
374	374	Sec. 3800.0604. TAX AFTER MUNICIPAL ANNEXATION. (a) This
375	375	section applies to the district after a municipality annexes part
376	376	of the territory in the district and imposes the municipality's
377	377	sales and use tax in the annexed territory.
378	378	(b) If at the time of annexation the district has
379	379	outstanding debt or other obligations payable wholly or partly from
380	380	district sales and use tax revenue, Section 321.102(g), Tax Code,
381	381	applies to the district.
382	382	(c) If at the time of annexation the district does not have
383	383	outstanding debt or other obligations payable wholly or partly from
384	384	district sales and use tax revenue, the district may:
385	385	(1) exclude the annexed territory from the district,
386	386	if the district has no outstanding debt or other obligations
387	387	payable from any source; or
388	388	(2) reduce the sales and use tax in the annexed
389	389	territory by resolution or order of the board to a rate that, when
390	390	added to the sales and use tax rate imposed by the municipality in
391	391	the annexed territory, is equal to the sales and use tax rate
392	392	imposed by the district in the district territory that was not
393	393	annexed by the municipality.
394	394	Sec. 3800.0605. NOTIFICATION OF RATE CHANGE. The board
395	395	shall notify the comptroller of any changes made to the tax rate
396	396	under this subchapter in the same manner the municipal secretary
397	397	provides notice to the comptroller under Section 321.405(b), Tax
398	398	Code.
399	399	Sec. 3800.0606. USE OF REVENUE. Revenue from the sales and
400	400	use tax imposed under this subchapter is for the use and benefit of
401	401	the district and may be used for any district purpose. The district
402	402	may pledge all or part of the revenue to the payment of bonds,
403	403	notes, or other obligations, and that pledge of revenue may be in
404	404	combination with other revenue, including tax revenue, available to
405	405	the district.
406	406	Sec. 3800.0607. ABOLITION OF TAX. (a) Except as provided
407	407	by Subsection (b), the board may abolish the tax imposed under this
408	408	subchapter without an election.
409	409	(b) The board may not abolish the tax imposed under this
410	410	subchapter if the district has any outstanding debt or obligation
411	411	secured by the tax, and repayment of the debt or obligation would be
412	412	impaired by the abolition of the tax.
413	413	(c) If the board abolishes the tax, the board shall notify
414	414	the comptroller of that action in the same manner the municipal
415	415	secretary provides notice to the comptroller under Section
416	416	321.405(b), Tax Code.
417	417	(d) If the board abolishes the tax or decreases the tax rate
418	418	to zero, a new election to authorize a sales and use tax must be held
419	419	under Section 3800.0602 before the district may subsequently impose
420	420	the tax.
421	421	(e) This section does not apply to a decrease in the sales
422	422	and use tax authorized under Section 3800.0604(c)(2).
423	423	SUBCHAPTER I. DISSOLUTION
424	424	Sec. 3800.0901. DISSOLUTION. (a) The board shall dissolve
425	425	the district on written petition filed with the board by the owners
426	426	of at least two-thirds of the assessed value of the property subject
427	427	to assessment or taxation by the district based on the most recent
428	428	certified county property tax rolls.
429	429	(b) The board by majority vote may dissolve the district at
430	430	any time.
431	431	(c) The district may not be dissolved by its board under
432	432	Subsection (a) or (b) if the district:
433	433	(1) has any outstanding bonded indebtedness until that
434	434	bonded indebtedness has been repaid or defeased in accordance with
435	435	the order or resolution authorizing the issuance of the bonds;
436	436	(2) has a contractual obligation to pay money until
437	437	that obligation has been fully paid in accordance with the
438	438	contract; or
439	439	(3) owns, operates, or maintains public works,
440	440	facilities, or improvements unless the district contracts with
441	441	another person for the ownership, operation, or maintenance of the
442	442	public works, facilities, or improvements.
443	443	(d) Sections 375.261, 375.262, and 375.264, Local
444	444	Government Code, do not apply to the district.
445	445	SECTION 2. The Montgomery County Management District No. 2
446	446	initially includes all territory contained in the following area:
447	447	Being 57.4 acres of land, more or less, located in the Raleigh
448	448	Rogers Survey, Abstract 33, Montgomery County, Texas, out of land
449	449	conveyed to Homeplace Lands, LLC, as recorded under Clerk's File
450	450	No. 2012125424 of the Official Public Records of Real Property,
451	451	Montgomery County, Texas, (O.P.R.M.C.), being comprised of three
452	452	(3) tracts as described below; said 57.4 acres, more or less, being
453	453	more particularly described as follows, with all bearings
454	454	referenced to the Texas Coordinate System, Central Zone, NAD83
455	455	(NA2011) Epoch 2010.00:
456	456	TRACT 1: 8.1 Acres
457	457	BEGINNING at a corner of a 50 acre tract (Tract 7), as
458	458	recorded under Clerk's File No. 2012125424 of the O.P.R.M.C., also
459	459	being the northeast corner of an 18.69 acre tract as described under
460	460	Clerk's File No. 2005-078277 of the Official Public Records of Real
461	461	Property Montgomery County, Texas (O.P.R.R.P.M.C.), lying in the
462	462	westerly right-of-way line of F.M. 2854;
463	463	THENCE SOUTHWESTERLY approximately 612 feet, more or less,
464	464	with and adjoining the northerly line of said 18.69 acre tract, to
465	465	an easterly corner of a 123.962 acre tract as defined under Clerk's
466	466	File No. 2009-017518 of the O.P.R.R.P.M.C.,
467	467	THENCE NORTHWESTERLY approximately 512 feet, more or less,
468	468	with and adjoining an easterly line of said 123.962 acre tract, also
469	469	being the centerline of the meanders of MOUND CREEK, to a westerly
470	470	corner of the herein described tract, lying in a southerly
471	471	right-of-way line of a proposed 80 foot public road, as reserved in
472	472	document recorded under Clerk's File No. 2009-017518;
473	473	THENCE NORTHEASTERLY approximately 729 feet, more or less,
474	474	with and adjoining said southerly line of said proposed 80 foot
475	475	public road , to the southwesterly right-of-way line of F.M. 2854
476	476	(width varies);
477	477	THENCE SOUTHEASTERLY approximately 586 feet, more or less,
478	478	with and adjoining said southwesterly right-of-way line of F.M.
479	479	2854, to the POINT OF BEGINNING, and containing approximately 8.1
480	480	acres of land. This document was prepared under 22 Texas
481	481	Administrative Code §138.95, does not reflect the results of an on
482	482	the ground survey, and is not to be used to convey or establish
483	483	interests in real property except those rights and interests
484	484	implied or established by the creation or reconfiguration of the
485	485	boundary of the political subdivision for which it was prepared.
486	486	TRACT 2: 25.7 Acres
487	487	COMMENCING at a southeast corner of a 50 acre tract (Tract 7),
488	488	as recorded under Clerk's File No. 2012125424 of the O.P.R.M.C.,
489	489	also being the northeast corner of an 18.69 acre tract as described
490	490	under Clerk's File No. 2005-078277 of the Official Public Records
491	491	of Real Property Montgomery County, Texas (O.P.R.R.P.M.C.), lying
492	492	in the westerly right-of-way line of F.M. 2854;
493	493	THENCE NORTHWESTERLY approximately 716.1 feet, more or less,
494	494	with and adjoining said southwesterly right-of-way line of F.M.
495	495	2854, to the POINT OF BEGINNING of the herein described tract, also
496	496	being the intersection of the northerly line of a right-of-way line
497	497	of a proposed 80 foot public road, (southerly alignment) as
498	498	reserved in document recorded under Clerk's File No. 2009-017518 of
499	499	the O.P.R.R.P.M.C., and the southwesterly right-of-way line of said
500	500	F.M. 2854, said public road being a portion of a 123.962 acre tract
501	501	described under Clerk's File No. 2009-017518 of the
502	502	O.P.R.R.P.M.C.;
503	503	THENCE SOUTHWESTERLY approximately 810 feet, more or less,
504	504	with and adjoining the northwesterly line of said proposed 80 feet
505	505	public road, to centerline of MOUND CREEK and easterly line of said
506	506	123.962 acre tract;
507	507	THENCE NORTHWESTERLY approximately 2,239 feet, more or less,
508	508	with and adjoining said easterly line of the 123.962 acre tract,
509	509	also being the meanders of MOUND CREEK, to the northwest corner of
510	510	the herein described tract, lying in the northwesterly line of said
511	511	123.962 acre tract, also being a northwesterly corner of a 0.8579
512	512	acre tract as recorded under Clerk's File No. 2018005220 of the
513	513	O.P.R.M.C.;
514	514	THENCE NORTHEASTERLY approximately 859 feet, more or less,
515	515	with and adjoining the northwesterly line of said 0.8579 acre
516	516	tract, to a northerly corner of the herein described tract, lying in
517	517	the southwesterly right-of-way line of said F.M. 2854;
518	518	THENCE SOUTHEASTERLY approximately 1,268 feet, more or less,
519	519	with and adjoining said southwesterly right-of-way line of F.M.
520	520	2854, to the POINT OF BEGINNING, and containing approximately 25.7
521	521	acres. This document was prepared under 22 Texas Administrative
522	522	Code §138.95, does not reflect the results of an on the ground
523	523	survey, and is not to be used to convey or establish interests in
524	524	real property except those rights and interests implied or
525	525	established by the creation or reconfiguration of the boundary of
526	526	the political subdivision for which it was prepared.
527	527	TRACT 3: 23.6 Acres
528	528	BEGINNING at a northeast corner of an 18.984 acre tract, as
529	529	described in a deed recorded under Clerk's File No. 8216886 of the
530	530	Official Public Records of Real Property Montgomery County, Texas
531	531	(O.P.R.R.P.M.C.)., lying in the southwesterly right-of-way line of
532	532	F.M. 2854;
533	533	THENCE SOUTHEASTERLY approximately 982 feet, more or less,
534	534	with and adjoining said southwesterly right-of-way line of F.M.
535	535	2854, to the southeast corner of the herein described tract, also
536	536	being the north corner of a 0.8579 acre tract as recorded under
537	537	Clerk's File No. 2018005219 of the Official Public Records of
538	538	Montgomery County, Texas (O.P.R.M.C.);
539	539	THENCE SOUTHWESTERLY approximately 1,174 feet, more or less,
540	540	with and adjoining the northwesterly line of said 0.8579 acre tract
541	541	and a 2.975 acre tract as recorded under Clerk's File No, 2018005218
542	542	of the O.P.R.M.C., to a southwesterly corner of the herein
543	543	described tract;
544	544	THENCE NORTHWESTERLY approximately 353 feet, more or less, to
545	545	a westerly corner of the herein described tract, also being the
546	546	southwest corner of said 18.984 acre tract;
547	547	THENCE NORTHERLY approximately 950 feet, more or less, to a
548	548	northwesterly corner of the herein described tract;
549	549	THENCE NORTHEASTERLY approximately 523 feet, more or less, to
550	550	the POINT OF BEGINNING, and containing approximately 23.6 acres.
551	551	This document was prepared under 22 Texas Administrative Code §
552	552	138.95, does not reflect the results of an on the ground survey,
553	553	and is not to be used to convey or establish interests in real
554	554	property except those rights and interests implied or established
555	555	by the creation or reconfiguration of the boundary of the political
556	556	subdivision for which it was prepared.
557	557	SECTION 3. (a) The legal notice of the intention to
558	558	introduce this Act, setting forth the general substance of this
559	559	Act, has been published as provided by law, and the notice and a
560	560	copy of this Act have been furnished to all persons, agencies,
561	561	officials, or entities to which they are required to be furnished
562	562	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
563	563	Government Code.
564	564	(b) The governor, one of the required recipients, has
565	565	submitted the notice and Act to the Texas Commission on
566	566	Environmental Quality.
567	567	(c) The Texas Commission on Environmental Quality has filed
568	568	its recommendations relating to this Act with the governor,
569	569	lieutenant governor, and speaker of the house of representatives
570	570	within the required time.
571	571	(d) All requirements of the constitution and laws of this
572	572	state and the rules and procedures of the legislature with respect
573	573	to the notice, introduction, and passage of this Act have been
574	574	fulfilled and accomplished.
575	575	SECTION 4. This Act takes effect immediately if it receives
576	576	a vote of two-thirds of all the members elected to each house, as
577	577	provided by Section 39, Article III, Texas Constitution. If this
578	578	Act does not receive the vote necessary for immediate effect, this
579	579	Act takes effect September 1, 2023.
580	580	______________________________ ______________________________
581	581	President of the Senate Speaker of the House
582	582	I certify that H.B. No. 5375 was passed by the House on May
583	583	12, 2023, by the following vote: Yeas 128, Nays 11, 2 present, not
584	584	voting.
585	585	______________________________
586	586	Chief Clerk of the House
587	587	I certify that H.B. No. 5375 was passed by the Senate on May
588	588	24, 2023, by the following vote: Yeas 28, Nays 3.
589	589	______________________________
590	590	Secretary of the Senate
591	591	APPROVED: _____________________
592	592	Date
593	593	_____________________
594	594	Governor