Bill Text: TX HB4657 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the creation of the Montgomery County Management District No. 1; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-14 - Effective immediately [HB4657 Detail]
Download: Texas-2019-HB4657-Enrolled.html
H.B. No. 4657 |
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relating to the creation of the Montgomery County Management | ||
District No. 1; 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 3979 to read as follows: | ||
CHAPTER 3979. MONTGOMERY COUNTY MANAGEMENT DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 3979.0101. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(3) "County" means Montgomery County. | ||
(4) "Director" means a board member. | ||
(5) "District" means the Montgomery County Management | ||
District No. 1. | ||
Sec. 3979.0102. CREATION AND NATURE OF DISTRICT; IMMUNITY. | ||
(a) The district is a special district created under Section 59, | ||
Article XVI, Texas Constitution. | ||
(b) The district is a governmental unit, as provided by | ||
Section 375.004, Local Government Code. | ||
(c) This chapter does not waive any governmental or | ||
sovereign immunity from suit, liability, or judgment that would | ||
otherwise apply to the district. | ||
Sec. 3979.0103. 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, the legislature has | ||
established a program to accomplish the public purposes set out in | ||
Sections 52 and 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 or a municipality 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. 3979.0104. 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, road facilities, | ||
transit facilities, parking facilities, recreational facilities, | ||
and public art objects 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, and drainage | ||
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. 3979.0105. 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. 3979.0106. 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; | ||
(2) a tax abatement reinvestment zone created under | ||
Chapter 312, Tax Code; | ||
(3) an enterprise zone created under Chapter 2303, | ||
Government Code; or | ||
(4) an industrial district created under Chapter 42, | ||
Local Government Code. | ||
Sec. 3979.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||
DISTRICTS LAW. Except as otherwise provided by this chapter, | ||
Chapter 375, Local Government Code, applies to the district. | ||
Sec. 3979.0108. LIBERAL CONSTRUCTION OF CHAPTER. This | ||
chapter shall be liberally construed in conformity with the | ||
findings and purposes stated in this chapter. | ||
Sec. 3979.0109. CONFLICTS OF LAW. This chapter prevails | ||
over any provision of general law, including a provision of Chapter | ||
375, Local Government Code, or Chapter 49, Water Code, that is in | ||
conflict or inconsistent with this chapter. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 3979.0201. 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 3979.0203, directors | ||
serve staggered four-year terms. | ||
Sec. 3979.0202. 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. 3979.0203. TEMPORARY DIRECTORS. (a) On or after the | ||
effective date of the Act enacting 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 commission 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 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 enacting 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 commission 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. | ||
Sec. 3979.0204. DISQUALIFICATION OF DIRECTORS. Section | ||
49.052, Water Code, applies to the members of the board. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 3979.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 3979.0302. 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. 3979.0303. RECREATIONAL FACILITIES. The district may | ||
develop or finance recreational facilities as authorized by Chapter | ||
375, Local Government Code, Sections 52 and 52-a, Article III, | ||
Texas Constitution, Section 59, Article XVI, Texas Constitution, | ||
and any other law that applies to the district. | ||
Sec. 3979.0304. AUTHORITY FOR ROAD PROJECTS. Under Section | ||
52, Article III, Texas Constitution, the district may own, operate, | ||
maintain, design, acquire, construct, finance, issue bonds, notes, | ||
or other obligations for, improve, and convey to this state, a | ||
county, or a municipality for ownership, operation, and maintenance | ||
macadamized, graveled, or paved roads or improvements, including | ||
storm drainage, in aid of those roads. | ||
Sec. 3979.0305. CONVEYANCE AND APPROVAL OF ROAD PROJECT. | ||
(a) The district may convey a road project authorized by Section | ||
3979.0304 to: | ||
(1) a municipality or county that will operate and | ||
maintain the road if the municipality or county has approved the | ||
plans and specifications of the road project; or | ||
(2) the state if the state will operate and maintain | ||
the road and the Texas Transportation Commission has approved the | ||
plans and specifications of the road project. | ||
(b) Except as provided by Subsection (c), the district shall | ||
operate and maintain a road project authorized by Section 3979.0304 | ||
that the district implements and does not convey to a municipality, | ||
a county, or this state under Subsection (a). | ||
(c) The district may agree in writing with a municipality, a | ||
county, or this state to assign operation and maintenance duties to | ||
the district, the municipality, the county, or this state in a | ||
manner other than the manner described in Subsections (a) and (b). | ||
Sec. 3979.0306. NONPROFIT CORPORATION. (a) The board by | ||
resolution may authorize the creation of a nonprofit corporation to | ||
assist and act for the district in implementing a project or | ||
providing a service authorized by this chapter. | ||
(b) The nonprofit corporation: | ||
(1) has each power of and is considered to be a local | ||
government corporation created under Subchapter D, Chapter 431, | ||
Transportation Code; and | ||
(2) may implement any project and provide any service | ||
authorized by this chapter. | ||
(c) The board shall appoint the board of directors of the | ||
nonprofit corporation. The board of directors of the nonprofit | ||
corporation shall serve in the same manner as the board of directors | ||
of a local government corporation created under Subchapter D, | ||
Chapter 431, Transportation Code, except that a board member is not | ||
required to reside in the district. | ||
Sec. 3979.0307. LAW ENFORCEMENT SERVICES. Section 49.216, | ||
Water Code, applies to the district. | ||
Sec. 3979.0308. 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. 3979.0309. 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 that: | ||
(1) Chapter 380, Local Government Code, provides to a | ||
municipality; and | ||
(2) Subchapter A, Chapter 1509, Government Code, | ||
provides to a municipality. | ||
Sec. 3979.0310. STRATEGIC PARTNERSHIP AGREEMENT. The | ||
district may negotiate and enter into a written strategic | ||
partnership agreement with a municipality under Section 43.0751, | ||
Local Government Code. | ||
Sec. 3979.0311. REGIONAL PARTICIPATION AGREEMENT. The | ||
district may negotiate and enter into a written regional | ||
participation agreement with a municipality under Section 43.0754, | ||
Local Government Code. | ||
Sec. 3979.0312. 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. 3979.0313. ADDING OR EXCLUDING LAND. (a) The district | ||
may add land as provided by Subchapter J, Chapter 49, Water Code. | ||
(b) The district may exclude land as provided by Subchapter | ||
J, Chapter 49, Water Code. Section 375.044(b), Local Government | ||
Code, does not apply to the district. | ||
(c) The district may include and exclude land as provided by | ||
Sections 54.739-54.747, Water Code. A reference in those sections | ||
to a "tax" means an ad valorem tax for the purposes of this | ||
subsection. | ||
(d) If the district adopts a sales and use tax authorized at | ||
an election held under Section 3979.0602 and subsequently includes | ||
new territory in the district under this section, 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. | ||
(e) If the district adopts a sales and use tax authorized at | ||
an election held under Section 3979.0602 and subsequently excludes | ||
territory in the district under this section, 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. 3979.0314. 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. 3979.0315. AUDIT EXEMPTION. (a) The district may | ||
elect to complete an annual financial report in lieu of an annual | ||
audit under Section 375.096(a)(6), Local Government Code, if: | ||
(1) the district had no bonds or other long-term (more | ||
than one year) liabilities outstanding during the fiscal period; | ||
(2) the district did not have gross receipts from | ||
operations, loans, taxes, assessments, or contributions in excess | ||
of $250,000 during the fiscal period; and | ||
(3) the district's cash and temporary investments were | ||
not in excess of $250,000 during the fiscal period. | ||
(b) Each annual financial report prepared in accordance | ||
with this section must be open to public inspection and accompanied | ||
by an affidavit signed by a duly authorized representative of the | ||
district attesting to the accuracy and authenticity of the | ||
financial report. | ||
(c) The annual financial report and affidavit shall be | ||
substantially similar in form to the annual financial report and | ||
affidavit forms prescribed by the executive director of the | ||
commission under Section 49.198, Water Code. | ||
Sec. 3979.0316. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
SUBCHAPTER D. ASSESSMENTS | ||
Sec. 3979.0401. 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. 3979.0402. METHOD OF NOTICE FOR HEARING. The district | ||
may mail the notice required by Section 375.115(c), Local | ||
Government Code, by certified or first class United States mail. | ||
The board shall determine the method of notice. | ||
Sec. 3979.0403. 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. 3979.0501. TAX ELECTION REQUIRED. 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. | ||
Sec. 3979.0502. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized by a majority of the district voters voting at an | ||
election under Section 3979.0501, 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. | ||
(c) Section 49.107(h), Water Code, does not apply to the | ||
district. | ||
Sec. 3979.0503. 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, by competitive bid or negotiated sale, 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. 3979.0504. 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. 3979.0505. BONDS SECURED BY AD VALOREM TAXES; | ||
ELECTIONS. (a) If authorized at an election under Section | ||
3979.0501, the district may issue bonds payable from ad valorem | ||
taxes. | ||
(b) Section 375.243, Local Government Code, does not apply | ||
to the district. | ||
(c) 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. | ||
(d) 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. 3979.0506. 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. | ||
(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. 3979.0601. 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. 3979.0602. 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. 1 at a rate not to | ||
exceed ____ percent" (insert rate of one or more increments of | ||
one-eighth of one percent). | ||
Sec. 3979.0603. SALES AND USE TAX RATE. (a) On or after the | ||
date the results are declared of an election held under Section | ||
3979.0602, 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 election held under Section 3979.0602, the | ||
board may increase or decrease the rate of the tax by one or more | ||
increments of one-eighth of one percent. | ||
(c) The 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 3979.0602; 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. | ||
Sec. 3979.0604. 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. 3979.0605. 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. 3979.0606. 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. 3979.0607. 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 outstanding debt secured by the tax, | ||
and repayment of the debt 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 3979.0602 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 3979.0604(c)(2). | ||
SUBCHAPTER G. HOTEL OCCUPANCY TAX | ||
Sec. 3979.0701. DEFINITION. In this subchapter, "hotel" | ||
has the meaning assigned by Section 156.001, Tax Code. | ||
Sec. 3979.0702. APPLICABILITY OF CERTAIN TAX CODE | ||
PROVISIONS. (a) For purposes of this subchapter: | ||
(1) a reference in Subchapter A, Chapter 352, Tax | ||
Code, to a county is a reference to the district; and | ||
(2) a reference in Subchapter A, Chapter 352, Tax | ||
Code, to the commissioners court is a reference to the board. | ||
(b) Except as inconsistent with this subchapter, Subchapter | ||
A, Chapter 352, Tax Code, governs a hotel occupancy tax authorized | ||
by this subchapter, including the collection of the tax, subject to | ||
the limitations prescribed by Sections 352.002(b) and (c), Tax | ||
Code. | ||
Sec. 3979.0703. TAX AUTHORIZED; USE OF REVENUE. The | ||
district may impose a hotel occupancy tax for any purpose described | ||
by Section 351.101 or 352.101, Tax Code. | ||
Sec. 3979.0704. TAX RATE. (a) The amount of the hotel | ||
occupancy tax may not exceed the lesser of: | ||
(1) the maximum rate prescribed by Section 352.003(a), | ||
Tax Code; or | ||
(2) a rate that, when added to the rates of all hotel | ||
occupancy taxes imposed by other political subdivisions with | ||
territory in the district and by this state, does not exceed the sum | ||
of the rate prescribed by Section 351.0025(b), Tax Code, plus two | ||
percent. | ||
(b) The district tax is in addition to a tax imposed by a | ||
municipality under Chapter 351, Tax Code, or by the county under | ||
Chapter 352, Tax Code. | ||
Sec. 3979.0705. INFORMATION. The district may examine and | ||
receive information related to the imposition of hotel occupancy | ||
taxes to the same extent as if the district were a county. | ||
Sec. 3979.0706. USE OF REVENUE. The district may use | ||
revenue from the hotel occupancy tax for any district purpose that | ||
is an authorized use of hotel occupancy tax revenue under Chapter | ||
351 or 352, Tax Code. 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 | ||
available to the district. | ||
Sec. 3979.0707. ABOLITION OF TAX. (a) Except as provided | ||
by Subsection (b), the board may abolish the tax imposed under this | ||
subchapter. | ||
(b) The board may not abolish the tax imposed under this | ||
subchapter if the district has outstanding debt secured by the tax, | ||
and repayment of the debt would be impaired by the abolition of the | ||
tax. | ||
SUBCHAPTER I. DISSOLUTION BY BOARD | ||
Sec. 3979.0901. DISSOLUTION. (a) The board shall dissolve | ||
the district on written petition filed with the board by the owners | ||
of: | ||
(1) 66 percent or more of the assessed value of the | ||
property subject to assessment by the district based on the most | ||
recent certified county property tax rolls; or | ||
(2) 66 percent or more of the surface area of the | ||
district, excluding roads, streets, highways, utility | ||
rights-of-way, other public areas, and other property exempt from | ||
assessment by the district according to 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. 1 | ||
initially includes all the territory contained in the following | ||
area: | ||
TRACT 1 | ||
A metes and bounds description of a 279.07 acre tract of land | ||
situated in the Edward Taylor Survey, Abstract Number 554, | ||
Montgomery County, Texas; being all of a called 279.65 acre tract | ||
conveyed to Mitchell Energy Corporation by Surface Deed and | ||
Subsurface Easement dated January 1, 1995 and filed for record | ||
under Clerk's File No. 9509774 of the Montgomery County Official | ||
Public Records of Real Property; said 279.07 acres being more | ||
particularly described as follows with all bearing based on the | ||
Texas Coordinate System of 1983, Central Zone: | ||
BEGINNING at a found 1/2-inch iron rod in the apparent west | ||
right-of-way of Cripple Creek Drive North, for an angle corner in | ||
the north line of Lot 1 of Galleria Oaks Estates as shown on a plat | ||
filed for record in Cabinet B, Sheet 79 of the Montgomery County Map | ||
Records and the southeast corner of said 279.65 acres, same being | ||
the southeast corner of the herein described tract, from which a | ||
found 1/2-inch iron rod bears North 77°23'58" East, 38.23 feet; | ||
THENCE, South 86°25'45" West, along the north line of Lots 1- | ||
7 of said Galleria Oaks Estates and the south line of said 279.65 | ||
acres, passing a found 1-inch iron pipe at 244.84 feet, a found axle | ||
at 544.26 feet, 5.56 feet right, a found 8-inch by 8-inch concrete | ||
monument at 544.89 feet, 4.90 feet right, and a found 1-inch iron | ||
pipe at 1170.28 feet, continuing for a total distance of 1988.05 | ||
feet (called 1997.31) to a set 3/4-inch iron rod (with cap stamped | ||
"JonesCarter Property Corner") in the northeast right-of-way of | ||
the Union Pacific Railroad (formerly I & G.N. Railroad Company) | ||
(width varies) filed for record under Volume 26, Page 351 of the | ||
Montgomery County Deed Records, for the south corner of the herein | ||
described tract, from which a found 8-inch by 8-inch concrete | ||
monument bears South 86°25'45" West, 9.14 feet; | ||
THENCE, along the northeast right-of-way of the said Union | ||
Pacific Railroad and the southwest line of the herein described | ||
tract the following five (5) courses and distances: | ||
1. North 59°15'02" West, 1127.60 feet, departing the north | ||
line of said Lot 7, to a set 3/4-inch iron rod (with cap stamped | ||
"JonesCarter Property Corner"); | ||
2. North 30°44'58" East, 25.00 feet to a set 3/4-inch iron | ||
rod (with cap stamped "JonesCarter Property Corner"); | ||
3. North 59°15'02" West, 600.00 feet to a set 3/4-inch iron | ||
rod (with cap stamped "JonesCarter Property Corner"); | ||
4. South 30°44'58" West, 25.00 feet to a set 3/4-inch iron | ||
rod (with cap stamped "JonesCarter Property Corner"); | ||
5. North 59°15'02" West, 1371.85 feet to a set 3/4-inch iron | ||
rod (with cap stamped "JonesCarter Property Corner") in the south | ||
line of a called 139.384 acre tract conveyed to Norma Helen | ||
Schoessow by Special Warranty Deed dated October 23, 1995 and filed | ||
for record under Clerk's File No. 9559657 of the Montgomery County | ||
Official Public Records of Real Property, for the west corner of the | ||
herein described tract, from which a found 8-inch by 8-inch | ||
concrete monument bears South 87°11'00" East, 8.79 feet; | ||
THENCE, North 87°11'00" East, 2105.63 feet (called 2114.59 | ||
feet), departing the northeast right-of-way of the said Union | ||
Pacific Railroad, along the south line of said 139.384 acres, a | ||
north line of said 279.65 acres, and a north line of the herein | ||
described tract to a found 8-inch by 8-inch concrete monument, for | ||
an angle corner for said 139.384 acres, said 279.65 acres, and the | ||
herein described tract; | ||
THENCE, North 32°44'24" East, along the southeast line of said | ||
139.384 acres, the northwest line of said 279.65 acres, and the | ||
northwest line of the herein described tract, passing a found | ||
1/2-inch iron rod (bent) at 2037.03 feet, 4.74 feet right, | ||
continuing for a total distance of 2056.48 feet to a found 1-inch | ||
pinched top pipe, for an angle corner for said 139.384 acres, said | ||
279.65 acres, and the herein described tract; | ||
THENCE, North 02°29'44" West, 2678.96 feet (called 2681.84 | ||
feet) along the east line of said 139.384 acres, the west line of | ||
said 279.65 acres, and the west line of the herein described tract | ||
to a found 8-inch by 8-inch concrete monument in the south line of a | ||
called 77.051 acre tract conveyed to Susan Halstead, Vincent S. | ||
Halstead, Steven B. Schoessow, Clarice J. Fore, Curtis F. | ||
Schoessow, Douglas P. Schoessow, Jana B. McNeil and Adrianne Leigh | ||
Fore by Gift Deed dated October 10, 2014 and filed for record under | ||
Clerk's File No. 2014100067 of the Montgomery County Official | ||
Public Records of Real Property, for the northeast corner of said | ||
139.384 acres and the northwest corner of said 279.65 acres, same | ||
being the northwest corner of the herein described tract, from | ||
which a found 1/2-inch iron pipe bears North 01°41'45" East, 0.61 | ||
feet; | ||
THENCE, North 86°56'34" East, along the south line of said | ||
77.051 acres, the north line of said 279.65 acres, and the north | ||
line of the herein described tract, passing a found 1-inch pinched | ||
top pipe at 298.14 feet, continuing along the north line of said | ||
279.65 acres and the north line of the herein described tract for a | ||
total distance of 715.80 feet to a set 3/4-inch iron rod (with cap | ||
stamped "JonesCarter Property Corner") for an angle corner; | ||
THENCE, North 86°38'34" East, 561.72 feet (called 561.50 | ||
feet), continuing along the north line of said 279.65 acres and the | ||
north line of the herein described tract to a found 1/2-inch iron | ||
pipe in the apparent east line of the Edward Taylor Survey, Abstract | ||
Number 554 and the apparent west line of the Leander Wescott Survey, | ||
Abstract Number 616, for the southeast corner of a called 10 acre | ||
tract conveyed to Axe Em Investments, L.P. by Special Warranty Deed | ||
dated October 1, 2003 and filed for record under Clerk's File | ||
No. 2003-134286 of the Montgomery County Official Public Records of | ||
Real Property and the northeast corner of said 279.65 acres, same | ||
being the northeast corner of the herein described tract, from | ||
which a found 1/2-inch iron rod bears North 03°18'03" West, 941.08 | ||
feet; | ||
THENCE, South 02°35'38" East, along the apparent east line of | ||
the Edward Taylor Survey, Abstract Number 554, the apparent west | ||
line of the Leander Wescott Survey, Abstract Number 616, the east | ||
line of said 279.65 acres and the east line of the herein described | ||
tract, passing a found 1/2-inch iron pipe at a distance of 2090.96 | ||
feet, 12.71 feet right, a found 5/8-inch iron rod at a distance of | ||
2094.87 feet, 12.74 feet right and a found 3/4-inch iron rod (with | ||
cap stamped "JonesCarter Property Corner") (previously set for | ||
survey of adjoining acreage) at a distance of 2107.96 feet, | ||
continuing along apparent east line of the Edward Taylor Survey, | ||
Abstract Number 554, the apparent west line of the Robin George | ||
Survey, Abstract Number 470, the apparent west line of the Leander | ||
Wescott Survey, Abstract Number 615, the west line of Block 4 of | ||
Cripple Creek Farms North Section Three (an unrecorded | ||
subdivision), the east line of said 279.65 acres and the east line | ||
of the herein described tract, same being the common line of a | ||
Boundary Agreement dated August 11, 1958 filed for record in Volume | ||
458, Page 386 of the Montgomery County Deed Records, passing a found | ||
1/2-inch iron pipe at a distance of 2978.61 feet, 4.46 feet right, a | ||
found 1/2-inch iron pipe at a distance of 3178.70 feet, 4.50 feet | ||
right, a found 5/8-inch iron rod at a distance of 3408.76 feet, 4.96 | ||
feet right, a found 1/2-inch iron pipe at a distance of 3638.37 | ||
feet, 5.76 feet right, a found 1/2-inch iron pipe at a distance of | ||
3846.97 feet, 5.42 feet right, a found 1/2-inch iron pipe at a | ||
distance of 4046.44 feet, 4.77 feet right, a found 3/4-inch iron rod | ||
at a distance of 4246.56 feet, 4.32 feet right, a found 1/2-inch | ||
iron pipe at a distance of 4446.96 feet, 5.22 feet right, a found | ||
1/2-inch iron pipe at a distance of 4646.61 feet, 6.40 feet right, a | ||
found 5/8-inch iron rod at a distance of 4845.95 feet, 6.30 feet | ||
right, a found 1/2-inch iron pipe at a distance of 5044.96 feet, | ||
6.79 feet right, a found 1/2-inch iron pipe at a distance of 5644.64 | ||
feet, 6.54 feet right, a found 1/4-inch iron pipe at a distance of | ||
5665.25 feet, 7.16 feet right, a found 5/8-inch iron rod at a | ||
distance of 5665.30 feet, 6.86 feet right, continuing for a total | ||
distance of 6047.81 feet (called 6051.88 feet) to the POINT OF | ||
BEGINNING, CONTAINING 279.07 acres of land in Montgomery County, | ||
Texas, as shown on drawing number 9629-A. | ||
TRACT 2 | ||
A METES AND BOUNDS description of a 842.23 acre tract of land | ||
situated in the Charles Frazier Survey, Abstract Number 206, the | ||
Andrew J. Hensley Survey, Abstract Number 255, the Azariah Prather | ||
Survey, Abstract Number 427 and the Leander Wescott Survey, | ||
Abstract Number 616, Montgomery County, Texas; being out of and a | ||
part of a called 881.183 acre tract (Tract 1) conveyed to Mitchell | ||
Energy Corporation by Special Warranty Deed dated July 31, 1997 and | ||
filed for record under Clerk's File No. 9746155 of the Montgomery | ||
County Official Public Records of Real Property; said 842.23 acres | ||
being more particularly described as follows with all bearings | ||
based on the Texas Coordinate System of 1983, Central Zone: | ||
BEGINNING at a found 3-inch iron pipe for the north corner | ||
Greentree Forest Estates (an Unrecorded Subdivision), same being an | ||
interior corner of the herein described tract; | ||
THENCE, South 42°47'48" West, along the northwest line of said | ||
Greentree Forest Estates and a southeast line of said 881.183 | ||
acres, passing a found 5/8-inch iron rod at 256.52 feet, a found | ||
1/2-inch iron rod at 374.49 feet, 0.17 feet left, a found 5/8-inch | ||
iron rod at 847.40 feet, a found 5/8-inch iron rod at 965.59 feet, | ||
0.38 feet right, a found 1/2-inch iron rod at 1202.01 feet, a found | ||
1/2-inch iron rod at 1442.52 feet, 1.05 feet right, a found 5/8-inch | ||
iron rod at 1686.50 feet and a found 1/2-inch iron rod at 1921.45 | ||
feet, continuing for a total distance of 2155.95 feet (called | ||
2155.95 feet) to a set 3/4-inch iron rod (with cap stamped | ||
"JonesCarter Property Corner") in the northeast line of called | ||
4.615 acre tract, known as Tract 17, Block 4 of Cripple Creek Farms | ||
North Section Three (an unrecorded subdivision), conveyed to Larry | ||
Dan McQuerry and wife, Mary Margaret McQuerry by General Warranty | ||
Deed dated April 2, 1980 and filed for record under Clerk's File | ||
No. 8011618 of the Montgomery County Official Public Records of | ||
Real Property, for a southwest corner of the herein described | ||
tract, from which a found 1/2-inch iron rod bears South 47°45'18" | ||
East, 171.07 feet; | ||
THENCE, North 47°25'32" West, 433.31 feet (called 1246.42 | ||
feet), departing the northwest line of said Greentree Forest | ||
Estates, along the northeast line of said 4.615 acres and a | ||
southwest line of said 881.183 acres to a set 3/4-inch iron rod | ||
(with cap stamped "JonesCarter Property Corner") in the east line | ||
of a called 279.65 acre tract conveyed to Mitchell Energy | ||
Corporation by Surface Deed and Subsurface Easement dated January | ||
1, 1995 and file for record under Clerk's File No. 9509774 of the | ||
Montgomery County Official Public Records of Real Property, same | ||
being the apparent east line of the Edward Taylor Survey, Abstract | ||
Number 554 and the apparent west line of the Leander Wescott Survey, | ||
Abstract Number 616, from which found 3-1/2" iron pipe bears North | ||
47°25'32" West, 812.94 feet, and a found 1/2-inch iron rod bears | ||
South 02°35'38" East, 3939.85 feet; | ||
THENCE, North 02°35'38" West, departing the northeast line of | ||
said 4.615 acres, along the east line of said 279.65 acres, the | ||
apparent east line of the Edward Taylor Survey, Abstract Number 554 | ||
and the apparent west line of the Leander Wescott Survey, Abstract | ||
Number 616, passing a 5/8-inch iron rod at 13.09 feet, 12.74 feet | ||
left and a found 1/2-inch iron pipe at 17.01 feet, 12.71 feet left, | ||
continuing for a total distance of 2107.96 feet to a found 1/2-inch | ||
iron pipe for the southeast corner of a called 10 acre tract | ||
conveyed to Axe Em Investments, L.P. by Special Warranty Deed dated | ||
October 1, 2003 and filed for record under Clerk's File | ||
No. 2003-134286 of the Montgomery County Official Public Records of | ||
Real Property, the northeast corner of said 279.65 acres and an | ||
angle point in the west line of the herein described tract, from | ||
which a found 3/4-inch iron rod (with cap stamped "JonesCarter | ||
Property Corner") bears South 86°38'34" West, 561.72 feet; | ||
THENCE, North 03°18'03" West, continuing along the apparent | ||
east line of the Edward Taylor Survey, Abstract Number 554, the | ||
apparent west line of the Leander Wescott Survey, Abstract Number | ||
616, and the east line of said 10 acres, passing a 1/2-inch iron rod | ||
at 220.99 feet, continuing along the east line of said 10 acres, the | ||
east line of a called 5 acre tract and another called 10 acre tract | ||
(hereinafter referred to as "northern 10 acres"), both conveyed to | ||
Axe Em Investments, L.P. by Special Warranty Deed dated October 1, | ||
2003 and filed for record under Clerk's File No. 2003-134286 of the | ||
Montgomery County Official Public Records of Real Property for a | ||
total distance of 941.08 feet to a found 1/2-inch iron rod in the | ||
north line of said 881.183 acres for an angle point in the south | ||
line of a called 757.02 acre tract ("Tract III") conveyed to 1488 | ||
Corp. by Special Warranty Deed dated December 29, 2015 and filed for | ||
record under Clerk's File No. 2016002467 of the Montgomery County | ||
Official Public Records of Real Property, same being the northwest | ||
corner of the herein described tract, from which a found axle bears | ||
North 48°48'43" West, 728.19 feet and a found 3/4-inch pinched top | ||
pipe bears North 03°04'57" West, 1286.89 feet; | ||
THENCE, departing the east line of said northern 10 acres, | ||
the apparent east line of the Edward Taylor Survey, Abstract Number | ||
554 and the apparent west line of the Leander Wescott Survey, | ||
Abstract Number 616, along the south line of said 757.02 acres and | ||
the north line of said 881.183 acres the following six (6) courses | ||
and distances: | ||
1. South 48°52'00" East, 593.66 feet (called 1321.86 feet) | ||
to a found 3-inch iron pipe for an angle point; | ||
2. North 42°00'28" East, 807.36 feet (called 807.98 feet) to | ||
a found 3-inch iron pipe; | ||
3. North 43°20'46" East, 781.14 feet (called 779.36 feet) to | ||
a found 3/4-inch iron pipe; | ||
4. North 41°41'25" East, 1538.43 feet (called 1540.14 feet) | ||
to a found 3-inch iron pipe; | ||
5. North 42°24'04" East, 777.81 feet (called 778.99 feet) to | ||
a found 1/2-inch iron rod; | ||
6. North 42°15'57" East, 706.71 feet (called 710.25 feet) to | ||
a point in the centerline of Mill Creek, for the west corner of a | ||
called 6.11186 acre tract, known as Tract 12 of Wildwood Estates (an | ||
unrecorded subdivision), conveyed to John M. Burdick and wife, | ||
Sandra A. Burdick by Warranty Deed dated October 14, 1991 and file | ||
for record under Clerk's File No. 9148107 of the Montgomery County | ||
Official Public Records of Real Property, same being the north | ||
corner of said 881.183 acres and the herein described tract, from | ||
which a found 1-inch iron pipe bears North 42°15'57" East, 1881.50 | ||
feet; | ||
THENCE, departing the south line of said 757.02 acres, along | ||
the centerline meanders of said Mill Creek, same being the east line | ||
of said 881.183 acres, the following two-hundred and forty-six | ||
(246) courses and distances: | ||
1. South 12°18'18" East, 20.94 feet to a point; | ||
2. South 22°23'59" East, 74.66 feet to a point; | ||
3. South 42°53'52" West, 46.44 feet to a point; | ||
4. South 36°58'56" West, 46.01 feet to a point; | ||
5. South 09°52'55" East, 37.33 feet to a point; | ||
6. North 87°56'29" East, 80.12 feet to a point; | ||
7. South 45°12'31" East, 17.10 feet to a point; | ||
8. South 10°52'22" East, 26.87 feet to a point; | ||
9. South 02°05'39" East, 26.13 feet to a point; | ||
10. South 12°44'29" East, 19.29 feet to a point; | ||
11. South 04°45'43" West, 43.16 feet to a point; | ||
12. South 35°59'36" East, 36.12 feet to a point; | ||
13. South 09°16'25" West, 32.54 feet to a point; | ||
14. South 12°40'55" West, 171.14 feet to a point; | ||
15. South 06°14'53" East, 70.78 feet to a point; | ||
16. South 41°23'52" East, 61.54 feet to a point; | ||
17. South 14°42'38" East, 130.27 feet to a point; | ||
18. South 23°55'53" East, 126.21 feet to a point; | ||
19. South 10°03'51" East, 50.67 feet to a point; | ||
20. South 36°50'20" East, 107.39 feet to a point; | ||
21. South 10°43'38" East, 60.21 feet to a point; | ||
22. South 21°14'15" West, 153.28 feet to a point; | ||
23. South 22°33'14" West, 58.07 feet to a point; | ||
24. South 05°35'01" West, 20.25 feet to a point; | ||
25. South 61°22'44" East, 38.41 feet to a point; | ||
26. South 69°02'33" East, 58.99 feet to a point; | ||
27. South 12°12'50" East, 124.16 feet to a point; | ||
28. South 32°31'48" East, 44.10 feet to a point; | ||
29. South 57°36'47" East, 61.05 feet to a point; | ||
30. South 53°27'39" East, 56.94 feet to a point; | ||
31. South 33°14'19" East, 97.80 feet to a point; | ||
32. South 21°00'11" East, 47.88 feet to a point; | ||
33. South 00°14'08" West, 9.48 feet to a point; | ||
34. South 35°38'34" West, 15.42 feet to a point; | ||
35. South 05°09'49" West, 35.23 feet to a point; | ||
36. South 41°24'16" East, 29.71 feet to a point; | ||
37. South 59°26'29" East, 22.32 feet to a point; | ||
38. South 69°02'33" East, 324.70 feet to a point; | ||
39. South 85°20'52" East, 48.71 feet to a point; | ||
40. North 78°12'44" East, 26.46 feet to a point; | ||
41. North 42°26'02" East, 37.26 feet to a point; | ||
42. North 09°57'57" East, 21.44 feet to a point; | ||
43. North 71°11'45" West, 44.32 feet to a point; | ||
44. North 43°20'43" West, 8.72 feet to a point; | ||
45. North 01°04'41" West, 22.38 feet to a point; | ||
46. North 21°27'17" East, 14.55 feet to a point; | ||
47. North 35°12'16" East, 57.34 feet to a point; | ||
48. South 40°49'24" East, 26.21 feet to a point; | ||
49. South 26°33'49" East, 19.14 feet to a point; | ||
50. South 78°44'47" East, 39.61 feet to a point; | ||
51. South 42°37'50" East, 117.76 feet to a point; | ||
52. South 63°31'02" East, 54.42 feet to a point; | ||
53. North 86°22'35" East, 14.48 feet to a point; | ||
54. South 83°23'38" East, 50.81 feet to a point; | ||
55. South 41°53'26" East, 37.41 feet to a point; | ||
56. South 10°42'29" East, 156.83 feet to a point; | ||
57. South 50°37'37" East, 26.55 feet to a point; | ||
58. South 35°05'48" East, 74.85 feet to a point; | ||
59. South 34°45'59" East, 50.28 feet to a point; | ||
60. South 63°14'51" East, 163.53 feet to a point; | ||
61. South 87°53'24" East, 20.12 feet to a point; | ||
62. North 48°15'22" East, 95.09 feet to a point; | ||
63. South 57°40'49" East, 12.18 feet to a point; | ||
64. South 55°52'46" East, 39.03 feet to a point; | ||
65. South 30°38'19" East, 13.33 feet to a point; | ||
66. South 17°12'36" East, 20.13 feet to a point; | ||
67. South 54°53'29" East, 145.28 feet to a point; | ||
68. South 66°39'02" East, 56.87 feet to a point; | ||
69. South 75°44'05" East, 87.52 feet to a point; | ||
70. South 58°53'21" East, 90.35 feet to a point; | ||
71. North 88°28'59" East, 42.27 feet to a point; | ||
72. South 56°16'37" East, 181.99 feet to a point; | ||
73. South 40°53'21" East, 125.58 feet to a point; | ||
74. South 31°26'40" West, 50.99 feet to a point; | ||
75. South 28°10'18" West, 24.21 feet to a point; | ||
76. South 77°29'22" East, 19.73 feet to a point; | ||
77. South 50°09'42" East, 96.47 feet to a point; | ||
78. South 56°32'41" East, 38.23 feet to a point; | ||
79. South 54°49'44" East, 31.98 feet to a point; | ||
80. North 77°40'42" East, 30.26 feet to a point; | ||
81. North 80°05'57" East, 64.03 feet to a point; | ||
82. South 66°03'01" East, 290.35 feet to a point; | ||
83. South 63°25'23" East, 170.62 feet to a point; | ||
84. South 62°41'27" East, 181.12 feet to a point; | ||
85. South 49°53'40" East, 59.94 feet to a point; | ||
86. South 39°07'27" East, 46.28 feet to a point; | ||
87. South 05°14'20" West, 92.52 feet to a point; | ||
88. South 63°37'44" West, 38.32 feet to a point; | ||
89. South 46°52'08" West, 17.69 feet to a point; | ||
90. South 30°30'24" West, 32.48 feet to a point; | ||
91. South 52°08'30" West, 30.87 feet to a point; | ||
92. North 88°59'43" West, 56.63 feet to a point; | ||
93. South 40°10'42" West, 137.98 feet to a point; | ||
94. South 17°29'36" West, 77.42 feet to a point; | ||
95. South 00°37'28" East, 30.27 feet to a point; | ||
96. South 83°36'36" East, 64.24 feet to a point; | ||
97. South 86°39'20" East, 105.45 feet to a point; | ||
98. South 46°06'16" East, 176.19 feet to a point; | ||
99. South 56°22'42" East, 61.38 feet to a point; | ||
100. South 53°51'41" East, 64.61 feet to a point; | ||
101. North 46°16'54" East, 19.60 feet to a point; | ||
102. North 42°53'51" East, 33.81 feet to a point; | ||
103. North 81°54'47" East, 105.65 feet to a point; | ||
104. South 78°49'30" East, 53.59 feet to a point; | ||
105. South 39°53'14" East, 18.21 feet to a point; | ||
106. South 27°02'07" East, 57.44 feet to a point; | ||
107. South 40°36'08" East, 83.23 feet to a point; | ||
108. South 36°14'03" East, 104.79 feet to a point; | ||
109. South 21°55'33" West, 120.32 feet to a point; | ||
110. South 45°28'18" West, 24.82 feet to a point; | ||
111. North 87°16'18" West, 60.19 feet to a point; | ||
112. South 04°03'57" West, 40.49 feet to a point; | ||
113. South 19°30'55" West, 113.56 feet to a point; | ||
114. South 17°09'33" West, 26.63 feet to a point; | ||
115. South 06°32'51" West, 52.58 feet to a point; | ||
116. South 48°03'00" East, 198.07 feet to a point; | ||
117. South 78°07'22" East, 39.83 feet to a point; | ||
118. South 45°15'38" East, 108.53 feet to a point; | ||
119. South 15°27'32" East, 74.05 feet to a point; | ||
120. South 29°42'12" East, 187.05 feet to a point; | ||
121. South 10°51'23" East, 98.64 feet to a point; | ||
122. South 13°57'22" West, 16.81 feet to a point; | ||
123. South 05°41'13" East, 152.49 feet to a point; | ||
124. South 04°31'17" East, 117.06 feet to a point; | ||
125. South 04°48'51" West, 67.94 feet to a point; | ||
126. South 20°51'03" West, 86.27 feet to a point; | ||
127. South 48°35'35" West, 63.11 feet to a point; | ||
128. South 48°58'11" West, 27.31 feet to a point; | ||
129. South 41°19'59" West, 147.94 feet to a point; | ||
130. South 16°43'24" West, 51.25 feet to a point; | ||
131. South 38°48'25" West, 129.88 feet to a point; | ||
132. South 48°43'18" West, 33.26 feet to a point; | ||
133. South 49°33'27" West, 63.28 feet to a point; | ||
134. South 34°02'23" West, 138.93 feet to a point; | ||
135. South 43°19'50" West, 77.02 feet to a point; | ||
136. South 21°42'27" East, 21.32 feet to a point; | ||
137. South 19°31'50" East, 69.55 feet to a point; | ||
138. South 10°43'23" East, 164.23 feet to a point; | ||
139. South 50°46'56" East, 96.05 feet to a point; | ||
140. South 38°12'17" East, 124.95 feet to a point; | ||
141. South 14°25'39" East, 40.20 feet to a point; | ||
142. South 04°53'50" East, 123.95 feet to a point; | ||
143. South 32°39'47" East, 115.61 feet to a point; | ||
144. South 15°59'49" East, 145.05 feet to a point; | ||
145. South 44°34'59" East, 144.65 feet to a point; | ||
146. South 62°03'10" East, 95.40 feet to a point; | ||
147. South 79°38'44" East, 72.91 feet to a point; | ||
148. South 10°24'52" East, 229.66 feet to a point; | ||
149. North 68°22'11" West, 80.47 feet to a point; | ||
150. South 07°25'05" East, 48.42 feet to a point; | ||
151. South 02°41'47" West, 198.27 feet to a point; | ||
152. South 43°12'25" West, 88.27 feet to a point; | ||
153. South 51°53'13" West, 53.80 feet to a point; | ||
154. South 46°45'22" East, 42.20 feet to a point; | ||
155. South 61°43'29" East, 161.36 feet to a point; | ||
156. South 28°19'40" East, 101.12 feet to a point; | ||
157. South 32°48'06" East, 144.76 feet to a point; | ||
158. South 50°37'24" East, 51.47 feet to a point; | ||
159. South 28°01'42" East, 126.58 feet to a point; | ||
160. South 38°57'45" East, 107.31 feet to a point; | ||
161. South 50°24'34" East, 71.71 feet to a point; | ||
162. South 09°29'22" East, 212.34 feet to a point; | ||
163. South 00°20'59" West, 132.90 feet to a point; | ||
164. South 19°40'54" East, 86.34 feet to a point; | ||
165. South 14°58'26" West, 140.70 feet to a point; | ||
166. South 10°08'09" West, 74.76 feet to a point; | ||
167. South 53°21'21" West, 115.04 feet to a point; | ||
168. South 27°54'49" West, 62.71 feet to a point; | ||
169. South 34°48'30" East, 61.40 feet to a point; | ||
170. South 66°20'22" East, 141.85 feet to a point; | ||
171. South 72°53'56" East, 64.16 feet to a point; | ||
172. South 80°40'10" East, 93.92 feet to a point; | ||
173. North 88°21'42" East, 215.53 feet to a point; | ||
174. North 72°22'13" East, 72.02 feet to a point; | ||
175. North 30°33'22" East, 51.13 feet to a point; | ||
176. North 53°06'11" East, 67.65 feet to a point; | ||
177. South 89°23'41" East, 60.02 feet to a point; | ||
178. North 69°42'48" East, 89.16 feet to a point; | ||
179. North 84°21'21" East, 28.12 feet to a point; | ||
180. South 65°03'29" East, 63.15 feet to a point; | ||
181. South 24°31'20" East, 153.15 feet to a point; | ||
182. South 79°55'10" East, 74.23 feet to a point; | ||
183. South 30°19'44" East, 69.41 feet to a point; | ||
184. South 26°36'17" West, 67.33 feet to a point; | ||
185. South 51°53'55" East, 28.30 feet to a point; | ||
186. South 48°09'02" East, 20.98 feet to a point; | ||
187. South 69°54'32" East, 42.71 feet to a point; | ||
188. South 49°35'02" East, 114.15 feet to a point; | ||
189. South 61°51'29" East, 70.82 feet to a point; | ||
190. North 56°45'53" East, 81.24 feet to a point; | ||
191. North 10°22'42" West, 27.52 feet to a point; | ||
192. North 44°20'07" West, 46.76 feet to a point; | ||
193. North 14°23'02" West, 40.60 feet to a point; | ||
194. North 81°26'55" East, 88.16 feet to a point; | ||
195. South 81°27'52" East, 225.26 feet to a point; | ||
196. North 50°13'30" East, 52.21 feet to a point; | ||
197. South 83°42'53" East, 38.65 feet to a point; | ||
198. South 53°20'17" East, 54.33 feet to a point; | ||
199. South 34°41'44" East, 78.36 feet to a point; | ||
200. South 04°59'36" West, 17.83 feet to a point; | ||
201. South 75°56'24" West, 26.48 feet to a point; | ||
202. North 80°06'10" West, 22.44 feet to a point; | ||
203. South 15°30'22" West, 102.03 feet to a point; | ||
204. South 77°49'42" West, 77.55 feet to a point; | ||
205. South 05°43'31" West, 17.16 feet to a point; | ||
206. South 36°38'48" East, 52.50 feet to a point; | ||
207. South 22°17'18" West, 18.42 feet to a point; | ||
208. South 46°04'19" West, 106.13 feet to a point; | ||
209. South 00°20'40" East, 46.25 feet to a point; | ||
210. North 86°03'23" East, 65.78 feet to a point; | ||
211. South 88°15'33" East, 59.39 feet to a point; | ||
212. South 72°52'21" East, 84.16 feet to a point; | ||
213. South 22°30'03" East, 31.04 feet to a point; | ||
214. South 07°37'19" West, 34.13 feet to a point; | ||
215. South 13°51'28" East, 32.68 feet to a point; | ||
216. South 42°01'46" East, 82.75 feet to a point; | ||
217. South 32°57'14" East, 31.07 feet to a point; | ||
218. South 26°42'20" West, 36.83 feet to a point; | ||
219. South 51°10'47" West, 104.44 feet to a point; | ||
220. South 78°09'38" West, 133.44 feet to a point; | ||
221. North 65°18'54" West, 40.51 feet to a point; | ||
222. North 20°57'04" West, 19.22 feet to a point; | ||
223. North 20°58'16" East, 21.54 feet to a point; | ||
224. North 31°10'24" West, 21.19 feet to a point; | ||
225. South 86°54'36" West, 98.56 feet to a point; | ||
226. South 62°17'52" West, 61.48 feet to a point; | ||
227. South 10°48'36" West, 14.13 feet to a point; | ||
228. South 68°28'09" West, 146.02 feet to a point; | ||
229. South 66°50'57" West, 13.98 feet to a point; | ||
230. South 54°14'31" West, 9.13 feet to a point; | ||
231. South 28°53'35" West, 47.36 feet to a point; | ||
232. South 14°53'51" East, 38.67 feet to a point; | ||
233. South 33°16'15" West, 110.49 feet to a point; | ||
234. South 25°51'57" West, 87.36 feet to a point; | ||
235. South 24°40'48" West, 168.46 feet to a point; | ||
236. South 18°07'49" West, 119.57 feet to a point; | ||
237. South 07°55'38" West, 73.03 feet to a point; | ||
238. South 30°22'38" East, 68.89 feet to a point; | ||
239. South 08°41'13" West, 43.89 feet to a point; | ||
240. South 20°25'31" West, 64.73 feet to a point; | ||
241. South 06°48'07" West, 63.29 feet to a point; | ||
242. South 07°37'07" West, 39.79 feet to a point; | ||
243. South 28°55'17" West, 36.09 feet to a point; | ||
244. South 66°13'24" West, 56.17 feet to a point; | ||
245. South 43°02'27" West, 59.63 feet to a point; | ||
246. South 13°44'31" West, 6.84 feet to a point in the | ||
northeast line of Mill Creek Forest as shown on a plat filed for | ||
record in Volume 5, Page 491 of the Montgomery County Deed Records | ||
for the most southerly corner of said 881.183 acres and the herein | ||
described tract; | ||
THENCE, North 46°43'05" West, departing the centerline | ||
meanders of said Mill Creek, along the northeast line of said Mill | ||
Creek Forest, and the southwest line of said 881.183 acres, passing | ||
a found 1/2-inch iron rod (with cap stamped "Reinke 3971") at 61.41 | ||
feet, continuing for a total distance of 397.79 feet (called | ||
414.06) to a found 1/2-inch iron rod (with cap stamped "Geomatics | ||
Inc.") for the north corner of said Mill Creek Forest, and an | ||
interior corner of said 881.183 acres and the herein described | ||
tract; | ||
THENCE, South 43°03'45" West, along the northwest line of said | ||
Mill Creek Forest and a southeast line of said 881.183 acres, | ||
passing a found 3/4-inch iron pipe at 104.79 feet, 0.97 feet right, | ||
continuing for a total distance of 198.18 feet (called 192.78 feet) | ||
to a set 3/4-inch iron rod (with cap stamped "JonesCarter Property | ||
Corner") for the east corner of Lot 14, Block 44 of Hazy Hollow East | ||
Estates Section 7 (an unrecorded subdivision) conveyed to Malcom | ||
James Johnson by Warranty Deed dated April 5, 1991 and filed for | ||
record under Clerk's File No. 9230908 of the Montgomery County | ||
Official Public Records of Real Property, a south corner of said | ||
881.183 acres and the herein described tract; | ||
THENCE, departing the northwest line of said Mill Creek | ||
Forest along the southwest line of said 881.183 acres and the herein | ||
described tract the following seven (7) courses and distances: | ||
1. North 47°15'15" West, along the northeast line said Hazy | ||
Hollow East Estates Section 7, passing a found 3/8-inch iron rod at | ||
1321.03 feet, 1.17 feet left, passing a found 1/2-inch iron rod at | ||
1429.95 feet, 1.21 feet left, continuing for a total distance of | ||
1755.51 feet to an angle point, from which a found 1/2-inch iron rod | ||
bears North 21°27'43" West 4.22 feet; | ||
2. North 47°29'30" West, along the northeast line of said | ||
Hazy Hollow East Estates Section 7 and the northeast line of Hazy | ||
Hollow East Estates Section 4 (an unrecorded subdivision), passing | ||
a found 3/8-inch iron rod at 393.30 feet, 1.24 feet right, | ||
continuing for a total distance of 711.72 feet to a point; | ||
3. North 47°20'39" West, along the northeast line of Hazy | ||
Hollow East Estates Section 10 (an unrecorded subdivision), passing | ||
a found 3/8-inch iron rod at 126.64 feet, 2.16 feet right, passing a | ||
found 3/8-inch iron rod at 375.33 feet, 1.09 feet right, passing a | ||
found 3/8-inch iron rod at 499.77 feet, 0.63 feet right, continuing | ||
for a total distance of 527.41 feet to a point; | ||
4. North 47°17'20" West, along the northeast line of said | ||
Hazy Hollow East Estates Section 10, passing a found 5/8-inch iron | ||
rod at 96.90 feet, 0.38 feet right, a found 1/2-inch iron rod (bent) | ||
at 289.53 feet, a found 3/8-inch iron rod at 422.16 feet, 0.24 feet | ||
right, a found 1/2-inch iron rod at 554.92 feet, a found 5/8-inch | ||
iron rod at 687.54 feet, a found 3/8-inch iron rod at 1116.06 feet, | ||
0.31 feet left, a found 3/8-inch iron rod at 1239.11 feet, 0.41 feet | ||
left, a found 3/8-inch iron rod at 1484.87 feet, 0.98 feet left, a | ||
found 3/8-inch iron rod at 1608.04 feet, 1.32 feet left, a found | ||
3/8-inch iron rod at 1731.04 feet, 1.21 feet left, a found 3/8-inch | ||
iron rod at 1854.08 feet, 0.55 feet left, a found 5/8-inch square | ||
iron bar at 1977.47 feet, 0.11 feet right, a found 5/8-inch square | ||
iron bar at 2037.11 feet, 0.36 feet right, a found 3/8-inch iron rod | ||
at 2159.55 feet, 1.03 feet right, a found 1/2-inch iron rod (with | ||
cap stamped "C&C Surveying") at 2282.80 feet, 0.18 feet right, a | ||
found 1/2-inch iron rod (with cap stamped "C&C Surveying") at | ||
2405.70 feet, and a found 3/8-inch iron rod at 2897.75 feet, 0.13 | ||
feet right, continuing for a total distance of 3015.29 feet to a | ||
point; | ||
5. North 47°22'30" West, along the northeast line of Hazy | ||
Hollow East Estates Section 11 (an unrecorded subdivision), passing | ||
a found 3/8-inch iron rod at 5.37 feet, 2.20 feet left, a found | ||
3/8-inch iron rod at 128.11 feet, 3.14 feet left, a found 3/8-inch | ||
iron rod at 251.00 feet, 3.59 feet left, a found 3/8-inch iron rod | ||
at 373.97 feet, 3.79 feet left, a found 3/8-inch iron rod at 496.74 | ||
feet, 3.70 feet left, a found 3/8-inch iron rod at 619.44 feet, 3.76 | ||
feet left, a found 3/8-inch iron rod at 743.26 feet, 1.81 feet | ||
left, and a found 3/8-inch iron rod at 988.51 feet, 0.13 feet left, | ||
continuing for a total distance of 1784.65 feet to a found 1/2-inch | ||
iron rod for the north corner of said Hazy Hollow East Estates | ||
Section 11 and the east corner of Greentree Forest Estates (an | ||
unrecorded subdivision); | ||
6. North 47°01'59" West, along the northeast line of said | ||
Greentree Forest Estates, passing a found 1/2-inch iron rod at | ||
354.40 feet, passing a found 5/8-inch iron rod at 414.22 feet, | ||
continuing for a total distance of 498.04 feet to a found 3-1/2-inch | ||
iron pipe; | ||
7. North 47°36'37" West, 270.64 feet (called 270.76 feet) to | ||
the POINT OF BEGINNING, CONTAINING 842.23 acres of land in | ||
Montgomery County, Texas, as shown on drawing number 9630-A. | ||
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, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 4657 was passed by the House on May 3, | ||
2019, by the following vote: Yeas 128, Nays 12, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 4657 on May 24, 2019, by the following vote: Yeas 100, Nays 41, | ||
3 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4657 was passed by the Senate, with | ||
amendments, on May 22, 2019, by the following vote: Yeas 28, Nays | ||
3. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |