Texas 2023 - 88th Regular

Texas House Bill HB5403 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R19290 JTZ-F
2	2	By: Thompson of Brazoria H.B. No. 5403
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the creation of the Manvel Sports Facilities District;
7	7	providing authority to issue bonds; providing authority to impose
8	8	assessments, fees, and taxes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle C, Title 4, Special District Local Laws
11	11	Code, is amended by adding Chapter 4004 to read as follows:
12	12	CHAPTER 4004. MANVEL SPORTS FACILITIES DISTRICT
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 4004.0101. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the district's board of directors.
16	16	(2) "City" means the City of Manvel.
17	17	(3) "County" means Brazoria County.
18	18	(4) "Director" means a board member.
19	19	(5) "District" means the Manvel Sports Facilities
20	20	District.
21	21	Sec. 4004.0102. NATURE OF DISTRICT. The Manvel Sports
22	22	Facilities District is a special district created under Section 59,
23	23	Article XVI, Texas Constitution.
24	24	Sec. 4004.0103. PURPOSE; DECLARATION OF INTENT. (a) The
25	25	creation of the district is essential to accomplish the purposes of
26	26	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
27	27	Texas Constitution, and other public purposes stated in this
28	28	chapter.
29	29	(b) By creating the district and in authorizing the county,
30	30	the city, and other political subdivisions to contract with the
31	31	district, the legislature has established a program to accomplish
32	32	the public purposes set out in Section 52-a, Article III, Texas
33	33	Constitution.
34	34	(c) The creation of the district is necessary to promote,
35	35	develop, encourage, and maintain employment, commerce,
36	36	transportation, housing, tourism, recreation, the arts,
37	37	entertainment, economic development, safety, and the public
38	38	welfare in the district.
39	39	(d) This chapter and the creation of the district may not be
40	40	interpreted to relieve the county or the city from providing the
41	41	level of services provided as of the effective date of the Act
42	42	enacting this chapter to the area in the district. The district is
43	43	created to supplement and not to supplant county or city services
44	44	provided in the district.
45	45	Sec. 4004.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
46	46	(a) All land and other property included in the district will
47	47	benefit from the improvements and services to be provided by the
48	48	district under powers conferred by Sections 52 and 52-a, Article
49	49	III, and Section 59, Article XVI, Texas Constitution, and other
50	50	powers granted under this chapter.
51	51	(b) The district is created to serve a public use and
52	52	benefit.
53	53	(c) The creation of the district is in the public interest
54	54	and is essential to further the public purposes of:
55	55	(1) developing and diversifying the economy of the
56	56	state;
57	57	(2) eliminating unemployment and underemployment; and
58	58	(3) developing or expanding transportation and
59	59	commerce.
60	60	(d) The district will:
61	61	(1) promote the health, safety, and general welfare of
62	62	residents, employers, potential employees, employees, visitors,
63	63	and consumers in the district, and of the public;
64	64	(2) provide needed funding for the district to
65	65	preserve, maintain, and enhance the economic health and vitality of
66	66	the district territory as a community and business center;
67	67	(3) promote the health, safety, welfare, and enjoyment
68	68	of the public by providing pedestrian ways and by landscaping and
69	69	developing certain areas in the district, which are necessary for
70	70	the restoration, preservation, and enhancement of scenic beauty;
71	71	and
72	72	(4) provide for water, wastewater, drainage, road, and
73	73	recreational facilities for the district.
74	74	(e) Pedestrian ways along or across a street, whether at
75	75	grade or above or below the surface, and street lighting, street
76	76	landscaping, parking, and street art objects are parts of and
77	77	necessary components of a street and are considered to be a street
78	78	or road improvement.
79	79	(f) The district will not act as the agent or
80	80	instrumentality of any private interest even though the district
81	81	will benefit many private interests as well as the public.
82	82	Sec. 4004.0105. INITIAL DISTRICT TERRITORY. (a) The
83	83	district is initially composed of the territory described by
84	84	Section 2 of the Act enacting this chapter.
85	85	(b) The boundaries and field notes contained in Section 2 of
86	86	the Act enacting this chapter form a closure. A mistake in the
87	87	field notes or in copying the field notes in the legislative process
88	88	does not affect the district's:
89	89	(1) organization, existence, or validity;
90	90	(2) right to issue any type of bonds for the purposes
91	91	for which the district is created or to pay the principal of and
92	92	interest on the bonds;
93	93	(3) right to impose or collect an assessment or tax; or
94	94	(4) legality or operation.
95	95	Sec. 4004.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
96	96	All or any part of the area of the district is eligible to be
97	97	included in:
98	98	(1) a tax increment reinvestment zone created under
99	99	Chapter 311, Tax Code; or
100	100	(2) a tax abatement reinvestment zone created under
101	101	Chapter 312, Tax Code.
102	102	Sec. 4004.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
103	103	DISTRICTS LAW. Except as otherwise provided by this chapter,
104	104	Chapter 375, Local Government Code, applies to the district.
105	105	Sec. 4004.0108. CONSTRUCTION OF CHAPTER. This chapter
106	106	shall be liberally construed in conformity with the findings and
107	107	purposes stated in this chapter.
108	108	SUBCHAPTER B. BOARD OF DIRECTORS
109	109	Sec. 4004.0201. GOVERNING BODY; TERMS. (a) The district
110	110	is governed by a board of five voting directors who serve staggered
111	111	terms of four years, with two or three directors' terms expiring
112	112	June 1 of each odd-numbered year.
113	113	(b) The board by resolution may change the number of voting
114	114	directors on the board only if the board determines that the change
115	115	is in the best interest of the district. The board may not consist
116	116	of fewer than five or more than nine voting directors.
117	117	Sec. 4004.0202. APPOINTMENT OF VOTING DIRECTORS ON INCREASE
118	118	IN BOARD SIZE. If the board increases the number of directors under
119	119	Section 4004.0201, the board shall appoint qualified persons to
120	120	fill the new director positions and shall provide for staggering
121	121	the terms of the directors serving in the new positions.
122	122	Sec. 4004.0203. APPOINTMENT OF VOTING DIRECTORS. The mayor
123	123	and members of the governing body of the city shall appoint voting
124	124	directors from persons recommended by the board. A person is
125	125	appointed if a majority of the members of the governing body,
126	126	including the mayor, vote to appoint that person.
127	127	Sec. 4004.0204. NONVOTING DIRECTORS. The board may appoint
128	128	nonvoting directors to serve at the pleasure of the voting
129	129	directors.
130	130	Sec. 4004.0205. QUORUM. For purposes of determining the
131	131	requirements for a quorum of the board, the following are not
132	132	counted:
133	133	(1) a board position vacant for any reason, including
134	134	death, resignation, or disqualification;
135	135	(2) a director who is abstaining from participation in
136	136	a vote because of a conflict of interest; or
137	137	(3) a nonvoting director.
138	138	Sec. 4004.0206. COMPENSATION. A director is entitled to
139	139	receive fees of office and reimbursement for actual expenses as
140	140	provided by Section 49.060, Water Code. Sections 375.069 and
141	141	375.070, Local Government Code, do not apply to the board.
142	142	Sec. 4004.0207. INITIAL VOTING DIRECTORS. (a) The initial
143	143	board consists of:
144	144	Pos. No. Name of Director: Pos. No. Name of Director:
145	145	Pos. No. Name of Director:
146	146	1 Debra Davison 1 Debra Davison
147	147	1 Debra Davison
148	148	2 Derek Hehn 2 Derek Hehn
149	149	2 Derek Hehn
150	150	3 Robina Spruill 3 Robina Spruill
151	151	3 Robina Spruill
152	152	4 Nicole Mitchell 4 Nicole Mitchell
153	153	4 Nicole Mitchell
154	154	5 Karen Kinlaw 5 Karen Kinlaw
155	155	5 Karen Kinlaw
156	156	(b) Of the initial directors, the terms of directors
157	157	appointed for positions one through three expire June 1, 2025, and
158	158	the terms of directors appointed for positions four and five expire
159	159	June 1, 2027.
160	160	(c) Section 4004.0203 does not apply to this section.
161	161	SUBCHAPTER C. POWERS AND DUTIES
162	162	Sec. 4004.0301. GENERAL POWERS AND DUTIES. The district
163	163	has the powers and duties necessary to accomplish the purposes for
164	164	which the district is created.
165	165	Sec. 4004.0302. IMPROVEMENT PROJECTS AND SERVICES. (a)
166	166	The district, using any money available to the district for the
167	167	purpose, may provide, design, construct, acquire, improve,
168	168	relocate, operate, maintain, or finance an improvement project or
169	169	service authorized under this chapter or Chapter 375, Local
170	170	Government Code.
171	171	(b) The district may contract with a governmental or private
172	172	entity to carry out an action under Subsection (a).
173	173	(c) The implementation of a district project or service is a
174	174	governmental function or service for the purposes of Chapter 791,
175	175	Government Code.
176	176	Sec. 4004.0303. LAW ENFORCEMENT SERVICES. To protect the
177	177	public interest, the district may contract with a qualified party,
178	178	including the county or the city, to provide law enforcement
179	179	services in the district for a fee.
180	180	Sec. 4004.0304. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
181	181	The district may join and pay dues to a charitable or nonprofit
182	182	organization that performs a service or provides an activity
183	183	consistent with the furtherance of a district purpose.
184	184	Sec. 4004.0305. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
185	185	district may engage in activities that accomplish the economic
186	186	development purposes of the district.
187	187	(b) The district may establish and provide for the
188	188	administration of one or more programs to promote state or local
189	189	economic development and to stimulate business and commercial
190	190	activity in the district, including programs to:
191	191	(1) make loans and grants of public money; and
192	192	(2) provide district personnel and services.
193	193	(c) The district may create economic development programs
194	194	and exercise the economic development powers provided to
195	195	municipalities by:
196	196	(1) Chapter 380, Local Government Code; and
197	197	(2) Subchapter A, Chapter 1509, Government Code.
198	198	Sec. 4004.0306. PARKING FACILITIES. (a) The district may
199	199	acquire, lease as lessor or lessee, construct, develop, own,
200	200	operate, and maintain parking facilities or a system of parking
201	201	facilities, including lots, garages, parking terminals, or other
202	202	structures or accommodations for parking motor vehicles off the
203	203	streets and related appurtenances.
204	204	(b) The district's parking facilities serve the public
205	205	purposes of the district and are owned, used, and held for a public
206	206	purpose even if leased or operated by a private entity for a term of
207	207	years.
208	208	(c) The district's parking facilities are parts of and
209	209	necessary components of a street and are considered to be a street
210	210	or road improvement.
211	211	(d) The development and operation of the district's parking
212	212	facilities may be considered an economic development program.
213	213	Sec. 4004.0307. ADDING OR EXCLUDING LAND. The district may
214	214	add or exclude land in the manner provided by Subchapter J, Chapter
215	215	49, Water Code, or by Subchapter H, Chapter 54, Water Code.
216	216	Sec. 4004.0308. DISBURSEMENTS AND TRANSFERS OF MONEY. The
217	217	board by resolution shall establish the number of directors'
218	218	signatures and the procedure required for a disbursement or
219	219	transfer of district money.
220	220	Sec. 4004.0309. NO EMINENT DOMAIN POWER. The district may
221	221	not exercise the power of eminent domain.
222	222	SUBCHAPTER D. ASSESSMENTS
223	223	Sec. 4004.0401. PETITION REQUIRED FOR FINANCING SERVICES
224	224	AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
225	225	service or improvement project with assessments under this chapter
226	226	unless a written petition requesting that service or improvement
227	227	has been filed with the board.
228	228	(b) A petition filed under Subsection (a) must be signed by
229	229	the owners of a majority of the assessed value of real property in
230	230	the district subject to assessment according to the most recent
231	231	certified tax appraisal roll for the county.
232	232	Sec. 4004.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
233	233	The board by resolution may impose and collect an assessment for any
234	234	purpose authorized by this chapter in all or any part of the
235	235	district.
236	236	(b) An assessment, a reassessment, or an assessment
237	237	resulting from an addition to or correction of the assessment roll
238	238	by the district, penalties and interest on an assessment or
239	239	reassessment, an expense of collection, and reasonable attorney's
240	240	fees incurred by the district:
241	241	(1) are a first and prior lien against the property
242	242	assessed;
243	243	(2) are superior to any other lien or claim other than
244	244	a lien or claim for county, school district, or municipal ad valorem
245	245	taxes; and
246	246	(3) are the personal liability of and a charge against
247	247	the owners of the property even if the owners are not named in the
248	248	assessment proceedings.
249	249	(c) The lien is effective from the date of the board's
250	250	resolution imposing the assessment until the date the assessment is
251	251	paid. The board may enforce the lien in the same manner that the
252	252	board may enforce an ad valorem tax lien against real property.
253	253	(d) The board may make a correction to or deletion from the
254	254	assessment roll that does not increase the amount of assessment of
255	255	any parcel of land without providing notice and holding a hearing in
256	256	the manner required for additional assessments.
257	257	SUBCHAPTER E. TAXES AND BONDS
258	258	Sec. 4004.0501. TAX ELECTION REQUIRED. (a) The district
259	259	must hold an election in the manner provided by Chapter 49, Water
260	260	Code, or, if applicable, Chapter 375, Local Government Code, to
261	261	obtain voter approval before the district may impose an ad valorem
262	262	tax.
263	263	(b) Section 375.243, Local Government Code, does not apply
264	264	to the district.
265	265	Sec. 4004.0502. OPERATION AND MAINTENANCE TAX. (a) If
266	266	authorized by a majority of the district voters voting at an
267	267	election under Section 4004.0501, the district may impose an
268	268	operation and maintenance tax on taxable property in the district
269	269	in the manner provided by Section 49.107, Water Code, for any
270	270	district purpose, including to:
271	271	(1) maintain and operate the district;
272	272	(2) construct or acquire improvements; or
273	273	(3) provide a service.
274	274	(b) The board shall determine the operation and maintenance
275	275	tax rate. The rate may not exceed the rate approved at the
276	276	election.
277	277	Sec. 4004.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
278	278	BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
279	279	terms determined by the board.
280	280	(b) The district may issue bonds, notes, or other
281	281	obligations payable wholly or partly from ad valorem taxes,
282	282	assessments, impact fees, revenue, contract payments, grants, or
283	283	other district money, or any combination of those sources of money,
284	284	to pay for any authorized district purpose.
285	285	(c) The limitation on the outstanding principal amount of
286	286	bonds, notes, or other obligations provided by Section 49.4645,
287	287	Water Code, does not apply to the district.
288	288	Sec. 4004.0504. BONDS SECURED BY REVENUE OR CONTRACT
289	289	PAYMENTS. The district may issue, without an election, bonds
290	290	secured by:
291	291	(1) revenue other than ad valorem taxes, including
292	292	contract revenues; or
293	293	(2) contract payments, provided that the requirements
294	294	of Section 49.108, Water Code, have been met.
295	295	Sec. 4004.0505. BONDS SECURED BY AD VALOREM TAXES;
296	296	ELECTIONS. (a) If authorized at an election under Section
297	297	4004.0501, the district may issue bonds payable from ad valorem
298	298	taxes.
299	299	(b) At the time the district issues bonds payable wholly or
300	300	partly from ad valorem taxes, the board shall provide for the annual
301	301	imposition of a continuing direct annual ad valorem tax, without
302	302	limit as to rate or amount, for each year that all or part of the
303	303	bonds are outstanding as required and in the manner provided by
304	304	Sections 54.601 and 54.602, Water Code.
305	305	(c) All or any part of any facilities or improvements that
306	306	may be acquired by a district by the issuance of its bonds may be
307	307	submitted as a single proposition or as several propositions to be
308	308	voted on at the election.
309	309	Sec. 4004.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
310	310	board may not issue bonds until each municipality in whose
311	311	corporate limits or extraterritorial jurisdiction the district is
312	312	located has consented by ordinance or resolution to the creation of
313	313	the district and to the inclusion of land in the district.
314	314	(b) This section applies only to the district's first
315	315	issuance of bonds payable from ad valorem taxes.
316	316	SUBCHAPTER I. DISSOLUTION
317	317	Sec. 4004.0901. DISSOLUTION. (a) The board shall dissolve
318	318	the district on written petition filed with the board by the owners
319	319	of at least two-thirds of the assessed value of the property subject
320	320	to assessment or taxation by the district based on the most recent
321	321	certified county property tax rolls.
322	322	(b) The board by majority vote may dissolve the district at
323	323	any time.
324	324	(c) The district may not be dissolved by its board under
325	325	Subsection (a) or (b) if the district:
326	326	(1) has any outstanding bonded indebtedness until that
327	327	bonded indebtedness has been repaid or defeased in accordance with
328	328	the order or resolution authorizing the issuance of the bonds;
329	329	(2) has a contractual obligation to pay money until
330	330	that obligation has been fully paid in accordance with the
331	331	contract; or
332	332	(3) owns, operates, or maintains public works,
333	333	facilities, or improvements unless the district contracts with
334	334	another person for the ownership, operation, or maintenance of the
335	335	public works, facilities, or improvements.
336	336	(d) Sections 375.261, 375.262, and 375.264, Local
337	337	Government Code, do not apply to the district.
338	338	SECTION 2. The Manvel Sports Facilities District initially
339	339	includes all territory contained in the following area:
340	340	The following approximately 159.636-acre tract of land
341	341	situated in Brazoria County, Texas:
342	342	A 149.639 acre (6,518,259 square feet) tract being all of
343	343	Lots 1, 3, 4, 9, 10, 11, 12, 17, 18, 19, 20, 25, 26, 27 and 28 of the
344	344	Allison-Richey Gulf Coast Home Company Suburban Gardens
345	345	Subdivision of Section 73, H.T. & B. Railroad Company Survey,
346	346	Abstract 301, according to the map or plat thereof, recorded in
347	347	Volume 2, Page 91 and 92, of the Plat Records of Brazoria County,
348	348	Texas (B.C.P.R.) and being all of that certain tract conveyed to
349	349	Westbank Bayou, LP (called 9.99 acres), recorded in Brazoria County
350	350	Clerk's File Number (B.C.C.F. No.) 2008004368, and being all that
351	351	certain tract conveyed to 10929 Brazoria Inc. (called 34.90 acres),
352	352	recorded in B.C.C.F. No. 2005033429, and being all that certain
353	353	tract conveyed to Eastbank Bayou, LP (called 19.950 acres),
354	354	recorded in B.C.C.F. No. 2007022032, and being a part of that
355	355	certain tract conveyed to Four Forty-Three Ltd. (called 433.09
356	356	acres), recorded in Volume 1048, Page 760, deed records of Brazoria
357	357	County, Texas (B.C.D.R.), with said 6,518,259 square foot tract of
358	358	land being more particularly described by metes and bounds as
359	359	follows:
360	360	COMMENCING at a 1/2 inch iron rod found at the Northeast
361	361	corner of said Section 73 and an interior corner of the H.T. & B.
362	362	Railroad Company Survey, Section 74, Abstract 493, recorded in
363	363	Volume 2, Page 66, B.C.P.R.) and being at the centerline
364	364	intersection of 60 foot Pollard Drive (as occupied) (Platted as 40
365	365	feet - Volume 2, Page 91 and 92, B.C.P.R.) and 60 foot Del Bello
366	366	Boulevard (as occupied)(Platted as 50 feet - Volume 2, Page 66,
367	367	B.C.P.R.), marking the northeast corner of the Michael D. Roland
368	368	and Marcy D. Roland tract (called 5.46 acres), recorded in B.C.C.F.
369	369	No. 2004072423 and 2007030104, the northwest corner of the Michael
370	370	C. Black tract (called 4.00 acres), recorded in B.C.C.F.
371	371	No. 96-015514 and the Northeast corner of said Section 73;
372	372	THENCE S 86°50'29" W, along and with the common line of
373	373	Section 73 and 74 and centerline of said 40 foot platted road, at
374	374	658.00 feet pass a point marking the southwest corner of Lot 1 of
375	375	said Section 74 and the southeast corner of said Division "O", from
376	376	which a 5/8 inch iron rod bears, S 38°48'33" W, 3.08 feet, continuing
377	377	along and with the common line of Section 73 and Division "O" and
378	378	centerline of said 40 foot platted road, a total distance of 2633.86
379	379	feet (called 2640.00 feet) to a 5/8 inch iron rod with cap stamped
380	380	"FMS" set in the north line of Section 73, the north line of a 60
381	381	foot American Canal Company Easement, recorded in Volume 638, Page
382	382	127, B.C.D.R., the south line of the Mary V O'Donnell Survey,
383	383	Division "O", Abstract 469, recorded in Volume 2, Page 91 and 92,
384	384	B.C.P.R. the south line of the John and Edith Lebourgeois tract
385	385	(called 6.978 acres), recorded in B.C.C.F. No. 98-053061, the north
386	386	line of the Eastbank Bayou, LP tract (called 19.950 acres),
387	387	recorded in B.C.C.F. No. 2007022032 and the centerline of said 40
388	388	foot platted road, marking the common corner of Lot 25 and 33 of
389	389	said Section 73 at the Northeast corner and POINT OF BEGINNING of
390	390	herein described tract, from which a 1/2 inch iron rod found, bears
391	391	S 82°35'47" E, 14.32 feet;
392	392	THENCE S 03°27'06" E, along and with the west line of said 60
393	393	foot American Canal Company Easement, the east line of herein
394	394	described tract and the common line of Lot 25 and 33, at 661.05 feet
395	395	pass a point, marking the common corner of Lots 25, 33, 34 and 26 of
396	396	said Section 73, continuing for a total distance of 2641.03 feet
397	397	(called 2640.00 feet) to a 5/8 inch iron rod with cap stamped "FMS"
398	398	set in the centerline of a 40 foot platted road and being in the west
399	399	line of said American Canal Company Easement, marking the southeast
400	400	corner of herein described tract and the common corner of Lots 28,
401	401	36, 37 and 29;
402	402	THENCE S 86°51'03" W, along and with the common line of Lots 28
403	403	and 29 and centerline of said 40 foot platted road at 658.45 feet
404	404	(called 660.00 feet) pass a 1/4 inch iron pipe found, marking the
405	405	common corner of Lots 28, 29, 21 and 20 and at 1974.69 feet (called
406	406	1980.00 feet) pass a 3/4 inch iron pipe found, marking the common
407	407	corner of Lots 12, 13, 5 and 4 of said Section 73 and the northeast
408	408	corner of the Westbank Bayou, LP tract (called 19.919 acres),
409	409	continuing for a total distance of 2632.44 feet (called 2640.00
410	410	feet) to a 1 inch iron pipe found in the centerline of a 40 foot
411	411	platted road and being in the west line of said Section 73 and the
412	412	east line of the H.T. & B. Railroad Company Survey, Section 72,
413	413	Abstract 460, marking the southwest corner of herein described
414	414	tract, the northwest corner of said 19.919 acre tract, the
415	415	northwest corner of a 3.430 acre drainage easement, recorded in
416	416	B.C.C.F. No. 2016026156, the northeast corner of a Brazos River
417	417	Authority tract (called 6.676 acres), cause number 54, 761A, the
418	418	southeast corner of the Brazos River Authority Parcel "D" tract
419	419	(called 3.18 acres), recorded in Volume 1070, Page 315, B.C.D.R.,
420	420	the southwest corner of the Brazos River Authority Parcel "A" tract
421	421	(called 0.61 acres), recorded in Volume 1070, Page 318, B.C.D.R.,
422	422	the southwest corner of the Brazoria County Municipal Utility
423	423	District (M.U.D.) No. 43 Drainage Easement tract (called 1.739
424	424	acres), recorded in B.C.C.F. No. 2016011559 and the common corner
425	425	of Lots 4 and 5, Section 73, from which a 1/2 inch iron rod found
426	426	marking the southeast corner of the Joan Banneyer tract (called
427	427	1.367 acres), recorded in B.C.C.F. No. 2005003981, bears S
428	428	86°37'46" W, 649.82 feet;
429	429	THENCE N 03°28'57" W, continuing along and with the common
430	430	line of Section 73 and 72 and along and with the common line of said
431	431	Parcel "A", Parcel "D" and said 1.739 acre easement, at 659.57 feet
432	432	(called 660.00 feet) pass a 1-1/4 inch iron pipe found, marking the
433	433	common corner of Lots 3 and 4, the northwest corner of said 1.739
434	434	acre easement, the southwest corner of the Brazoria County M.U.D.
435	435	No. 43 Drainage Easement tract (called 1.755 acres), recorded in
436	436	B.C.C.F. No. 2016026131 and the southwest corner of a 20' easement
437	437	strip, recorded in Volume 181, Page 25, B.C.D.R., continuing for a
438	438	total distance of 1319.64 feet (called 1320.00 feet) to a 1/2 inch
439	439	iron rod with cap stamped "Adams RPLS 3666" found at an angle point
440	440	for corner of herein described tract, the southwest corner of the ID
441	441	Investments, Inc tract (called 10.00 acres), recorded in B.C.C.F.
442	442	No. 2004071747, the northwest corner of said 20' easement strip,
443	443	the northwest corner of said Parcel "A", the northwest corner of
444	444	said 1.755 acre easement and the common corner of Lots 3 and 2 in the
445	445	centerline of a 40 foot platted road;
446	446	THENCE N 86°50'32" E, along and with the common line of Lots 2
447	447	and 3, the centerline of said 40 foot platted road and the common
448	448	line of herein described tract and said 10.00 acre tract, a distance
449	449	of 659.25 feet (called 660.00 feet) to a 1/2 inch iron rod with cap
450	450	stamped "Adams RPLS 3666" found for interior corner of herein
451	451	described tract, the southeast corner of said 10.00 acre tract and
452	452	the common corner of Lots 3, 2, 10 and 11;
453	453	THENCE N 03°24'29" W, along and with the common line of herein
454	454	described tract and said 10.00 acre tract and the common line of
455	455	Lots 2 and 10, a distance of 659.94 feet (called 660.00 feet) to a
456	456	1/2 inch iron rod with cap stamped "Adams RPLS 3666" found for
457	457	interior corner of herein described tract, the northeast corner of
458	458	said 10.00 acre tract and the common corner of Lots 1, 2, 9 and 10;
459	459	THENCE S 86°50'32" W, along and with the common line of herein
460	460	described tract and said 10.00 acre tract, a distance of 660.17 feet
461	461	(called 660.00 feet) to a 5/8 inch iron rod with cap stamped "FMS"
462	462	set at an angle point for corner of herein described tract in the
463	463	common line of Section 73 and 72, and being the southeast corner of
464	464	the Brazos River Authority Parcel "C" tract (called 1.61 acres),
465	465	recorded in Volume 1070, Page 315, B.C.D.R, the southwest corner of
466	466	the Brazos River Authority Parcel "A" tract (called 0.30 acre),
467	467	recorded in Volume 1070, Page 318, B.C.D.R., the southwest corner
468	468	of the Brazoria County M.U.D. No. 43 Drainage Easement tract
469	469	(called 1.790 acres), recorded in B.C.C.F. No. 2016011558 and the
470	470	common corner of Lots 1 and 2, from which a 5/8 inch iron rod found
471	471	in the east right-of-way line of County Road 82 (a.k.a. Iowa Lane)
472	472	(called 70' width, B.C.C.F. No. 99-050385), marking the northwest
473	473	corner of the SLP 288 and Rodeo Palms II, LP tract (called 12.8576
474	474	acres), recorded in B.C.C.F. No. 2006036045 and the southwest
475	475	corner of the SLP 288 and Rodeo Palms IV, LP tract (called 13.2148
476	476	acres), recorded in B.C.C.F. No. 2005011681, bears S 86°39'50" W,
477	477	978.08 feet (called 1003.68 feet);
478	478	THENCE N 03"28'57" W, along and with the common line of said
479	479	Section 73 and 72, the centerline of said 40 foot platted road and
480	480	the common line of said Parcel "C", Parcel "A" and said 1.179 acre
481	481	easement, a distance of 661.02 feet (called 660.00 feet) to a 1/2
482	482	inch iron rod with cap stamped "Adams RPLS 3666" found in the south
483	483	line of the SLP 288 and Rodeo Palms II, LP tract (called 99.9653
484	484	acres), recorded in B.C.C.F. No. 2004064049, marking the northwest
485	485	corner of herein described tract, the northwest corner of said
486	486	1.790 easement, the northwest corner of said Parcel "A", the
487	487	northwest corner of Lot 1 and the called common corner of said
488	488	Section 73, 72, Division "O" and the southeast corner of the H.T. &
489	489	B. Railroad Company Survey, Section 90, Abstract 459,recorded in
490	490	Volume 2, Page 98, B.C.P.R.;
491	491	THENCE N 86°50'29" E, along and with the common line of said
492	492	Section 73 and Division "O" and the centerline of a 40 foot platted
493	493	road, at 28.79 feet pass a 5/8 inch iron rod found, marking the
494	494	southeast corner of said 99.9653 acre tract and the southwest
495	495	corner of the Four Forty-Three, Ltd. Tract (called 20 acres),
496	496	recorded in Volume 1048, Page 760, B.C.D.R., continuing for a total
497	497	distance of 2633.92 feet (called 2640.00 feet) to the POINT OF
498	498	BEGINNING and containing a calculated area of 149.639 acres of
499	499	land.
500	500	A 10.00 acre (435,365 square feet) tract being all of Lot 2 of
501	501	the Allison-Richey Gulf Coast Home Company Suburban Gardens
502	502	Subdivision of Section 73 (A.R.G.C.H.CO. Survey, Section 73), H.T. &
503	503	B. Railroad Company Survey, Abstract 301, according to the map or
504	504	plat thereof, recorded in Volume 2, Page 91 and 92, of the Plat
505	505	Records of Brazoria County, Texas (B.C.P.R.) and being all of that
506	506	certain tract of land described in deed to ID Investments, Inc.,
507	507	under Brazoria County Clerk's File Number (B.C.C.F. No.) 2004071747
508	508	of the deed records of Brazoria County, Texas (B.C.D.R.), with said
509	509	435,365 square foot tract of land being more particularly described
510	510	by metes and bounds as follows:
511	511	BEGINNING at a 5/8 inch iron rod with cap stamped "FMS" found
512	512	on the called centerline of a 40 foot wide platted road, at the
513	513	Southwest corner of Lot 1 of the A.R.G.C.H.CO. Survey, Section 73,
514	514	at the Northwest corner of Lot 2, same being the Northwest corner of
515	515	the herein described tract;
516	516	THENCE: N 86°50'32" E, along and with the common line of Lots 1
517	517	and 2 and the North line of this tract, a distance of 660.17 feet
518	518	(called 660.00 feet) to a 1/2 inch iron rod with cap stamped "ADAMS
519	519	RPLS 3666" found at the Southwest corner of Lot 9 of the
520	520	A.R.G.C.H.CO. Survey, Section 73, same being the Southeast corner
521	521	of Lot 1, the Northwest corner of Lot 10, the Northeast corner of
522	522	Lot 2 and the Northeast corner of this tract;
523	523	THENCE: S 03°24'29" E, along and with the common line of Lots 2
524	524	and 10 and the East line of this tract, a distance of 659.94 feet
525	525	(called 660.00 feet), to a 1/2 inch iron rod with cap stamped "ADAMS
526	526	RPLS 3664" found at the common corner of Lots 2, 3, 10 and 11, at the
527	527	Southeast corner of the herein described tract;
528	528	THENCE: S 86°50'32" W, along and with the common line of Lots 2
529	529	and 3 and the South line of this tract, a distance of 659.25 feet
530	530	(called 660.00 feet), to a 1/2 inch iron rod with cap stamped "ADAMS
531	531	RPLS 3666", in the centerline of a 40 foot platted road, on the East
532	532	line of a called 12.8576 acre tract of land described in deed to SLP
533	533	288 and Rodeo Palms II, LP., under B.C.C.F. No. 200603645, at the
534	534	common West corner of Lots 2 and 3 and at the Southwest corner of
535	535	this tract;
536	536	THENCE N 03°29'17" W, along and with the common of the SLP 288
537	537	and Rodeo Palms II, LP. tract and Lot 2, same being the West line of
538	538	this tract, a distance of 659.94 feet (called 600.00 feet) to the
539	539	POINT OF BEGINNING and containing a calculated area of 10.00 acres
540	540	of land.
541	541	SECTION 3. (a) The legal notice of the intention to
542	542	introduce this Act, setting forth the general substance of this
543	543	Act, has been published as provided by law, and the notice and a
544	544	copy of this Act have been furnished to all persons, agencies,
545	545	officials, or entities to which they are required to be furnished
546	546	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
547	547	Government Code.
548	548	(b) The governor, one of the required recipients, has
549	549	submitted the notice and Act to the Texas Commission on
550	550	Environmental Quality.
551	551	(c) The Texas Commission on Environmental Quality has filed
552	552	its recommendations relating to this Act with the governor,
553	553	lieutenant governor, and speaker of the house of representatives
554	554	within the required time.
555	555	(d) All requirements of the constitution and laws of this
556	556	state and the rules and procedures of the legislature with respect
557	557	to the notice, introduction, and passage of this Act have been
558	558	fulfilled and accomplished.
559	559	SECTION 4. This Act takes effect immediately if it receives
560	560	a vote of two-thirds of all the members elected to each house, as
561	561	provided by Section 39, Article III, Texas Constitution. If this
562	562	Act does not receive the vote necessary for immediate effect, this
563	563	Act takes effect September 1, 2023.
564	564
565	565	Pos. No. Name of Director:
566	566
567	567	1 Debra Davison
568	568
569	569	2 Derek Hehn
570	570
571	571	3 Robina Spruill
572	572
573	573	4 Nicole Mitchell
574	574
575	575	5 Karen Kinlaw