Bill Text: TX HB4703 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the Harris County Improvement District No. 28; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2019-06-15 - Vetoed by the Governor [HB4703 Detail]
Download: Texas-2019-HB4703-Comm_Sub.html
Bill Title: Relating to the creation of the Harris County Improvement District No. 28; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2019-06-15 - Vetoed by the Governor [HB4703 Detail]
Download: Texas-2019-HB4703-Comm_Sub.html
By: Coleman (Senate Sponsor - Whitmire) | H.B. No. 4703 | |
(In the Senate - Received from the House May 6, 2019; | ||
May 6, 2019, read first time and referred to Committee on | ||
Intergovernmental Relations; May 19, 2019, reported adversely, | ||
with favorable Committee Substitute by the following vote: Yeas 7, | ||
Nays 0; May 19, 2019, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 4703 | By: Alvarado |
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relating to the creation of the Harris County Improvement District | |||||
No. 28; 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 3987 to read as follows: | |||||
CHAPTER 3987. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 28 | |||||
SUBCHAPTER A. GENERAL PROVISIONS | |||||
Sec. 3987.0101. DEFINITIONS. In this chapter: | |||||
(1) "Board" means the district's board of directors. | |||||
(2) "City" means the City of Houston. | |||||
(3) "County" means Harris County. | |||||
(4) "Director" means a board member. | |||||
(5) "District" means the Harris County Improvement | |||||
District No. 28. | |||||
Sec. 3987.0102. NATURE OF DISTRICT. The Harris County | |||||
Improvement District No. 28 is a special district created under | |||||
Section 59, Article XVI, Texas Constitution. | |||||
Sec. 3987.0103. PURPOSE; DECLARATION OF INTENT. (a) The | |||||
creation of the district is essential to accomplish the purposes of | |||||
Sections 52 and 52-a, Article III, and Section 59, Article XVI, | |||||
Texas Constitution, and other public purposes stated in this | |||||
chapter. | |||||
(b) By creating the district and in authorizing the city and | |||||
other political subdivisions to contract with the district, the | |||||
legislature has established a program to accomplish the public | |||||
purposes set out in Section 52-a, Article III, Texas Constitution. | |||||
(c) The creation of the district is necessary to promote, | |||||
develop, encourage, and maintain employment, commerce, | |||||
transportation, housing, tourism, recreation, the arts, | |||||
entertainment, economic development, safety, and the public | |||||
welfare in the district. | |||||
(d) This chapter and the creation of the district may not be | |||||
interpreted to relieve the city 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 city services provided in the | |||||
district. | |||||
Sec. 3987.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. | |||||
(a) All land and other property included in the district will | |||||
benefit from the improvements and services to be provided by the | |||||
district under powers conferred by Sections 52 and 52-a, Article | |||||
III, and Section 59, Article XVI, Texas Constitution, and other | |||||
powers granted under this chapter. | |||||
(b) The district is created to serve a public use and | |||||
benefit. | |||||
(c) The creation of the district is in the public interest | |||||
and is essential to further the public purposes of: | |||||
(1) developing and diversifying the economy of the | |||||
state; | |||||
(2) eliminating unemployment and underemployment; and | |||||
(3) developing or expanding transportation and | |||||
commerce. | |||||
(d) The district will: | |||||
(1) promote the health, safety, and general welfare of | |||||
residents, employers, potential employees, employees, visitors, | |||||
and consumers in the district, and of the public; | |||||
(2) provide needed funding for the district to | |||||
preserve, maintain, and enhance the economic health and vitality of | |||||
the district territory as a community and business center; | |||||
(3) promote the health, safety, welfare, and enjoyment | |||||
of the public by providing pedestrian ways and by landscaping and | |||||
developing certain areas in the district, which are necessary for | |||||
the restoration, preservation, and enhancement of scenic beauty; | |||||
and | |||||
(4) provide for water, wastewater, drainage, road, and | |||||
recreational facilities for the district. | |||||
(e) Pedestrian ways along or across a street, whether at | |||||
grade or above or below the surface, and street lighting, street | |||||
landscaping, parking, and street art objects are parts of and | |||||
necessary components of a street and are considered to be a street | |||||
or road improvement. | |||||
(f) The district will not act as the agent or | |||||
instrumentality of any private interest even though the district | |||||
will benefit many private interests as well as the public. | |||||
Sec. 3987.0105. 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. 3987.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. | |||||
All or any part of the area of the district is eligible to be | |||||
included in: | |||||
(1) a tax increment reinvestment zone created under | |||||
Chapter 311, Tax Code; or | |||||
(2) a tax abatement reinvestment zone created under | |||||
Chapter 312, Tax Code. | |||||
Sec. 3987.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT | |||||
DISTRICTS LAW. Except as otherwise provided by this chapter, | |||||
Chapter 375, Local Government Code, applies to the district. | |||||
Sec. 3987.0108. CONSTRUCTION OF CHAPTER. This chapter | |||||
shall be liberally construed in conformity with the findings and | |||||
purposes stated in this chapter. | |||||
SUBCHAPTER B. BOARD OF DIRECTORS | |||||
Sec. 3987.0201. GOVERNING BODY; TERMS. (a) The district is | |||||
governed by a board of five voting directors who serve staggered | |||||
terms of four years, with two or three directors' terms expiring | |||||
June 1 of each odd-numbered year. | |||||
(b) The board by resolution may change the number of voting | |||||
directors on the board if the board determines that the change is in | |||||
the best interest of the district. The board may not consist of | |||||
fewer than 5 or more than 15 voting directors. | |||||
Sec. 3987.0202. APPOINTMENT OF VOTING DIRECTORS. The mayor | |||||
and members of the governing body of the city shall appoint voting | |||||
directors from persons recommended by the board. A person is | |||||
appointed if a majority of the members of the governing body, | |||||
including the mayor, vote to appoint that person. | |||||
Sec. 3987.0203. NONVOTING DIRECTORS. The board may appoint | |||||
nonvoting directors to serve at the pleasure of the voting | |||||
directors. | |||||
Sec. 3987.0204. QUORUM. For purposes of determining the | |||||
requirements for a quorum of the board, the following are not | |||||
counted: | |||||
(1) a board position vacant for any reason, including | |||||
death, resignation, or disqualification; | |||||
(2) a director who is abstaining from participation in | |||||
a vote because of a conflict of interest; or | |||||
(3) a nonvoting director. | |||||
Sec. 3987.0205. 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. 3987.0206. INITIAL VOTING DIRECTORS. (a) The initial | |||||
board consists of the following voting directors: | |||||
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(b) Of the initial directors, the terms of directors | |||||
appointed for positions one through three expire June 1, 2021, and | |||||
the terms of directors appointed for positions four and five expire | |||||
June 1, 2023. | |||||
(c) Section 3987.0202 does not apply to this section. | |||||
(d) This section expires September 1, 2023. | |||||
SUBCHAPTER C. POWERS AND DUTIES | |||||
Sec. 3987.0301. GENERAL POWERS AND DUTIES. The district | |||||
has the powers and duties necessary to accomplish the purposes for | |||||
which the district is created. | |||||
Sec. 3987.0302. 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. 3987.0303. 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. 3987.0304. LAW ENFORCEMENT SERVICES. To protect the | |||||
public interest, the district may contract with a qualified party, | |||||
including the city, to provide law enforcement services in the | |||||
district for a fee. | |||||
Sec. 3987.0305. 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. 3987.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The | |||||
district may engage in activities that accomplish the economic | |||||
development purposes of the district. | |||||
(b) The district may establish and provide for the | |||||
administration of one or more programs to promote state or local | |||||
economic development and to stimulate business and commercial | |||||
activity in the district, including programs to: | |||||
(1) make loans and grants of public money; and | |||||
(2) provide district personnel and services. | |||||
(c) The district may create economic development programs | |||||
and exercise the economic development powers provided to | |||||
municipalities by: | |||||
(1) Chapter 380, Local Government Code; and | |||||
(2) Subchapter A, Chapter 1509, Government Code. | |||||
Sec. 3987.0307. 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. 3987.0308. ADDING OR EXCLUDING LAND. The district may | |||||
add or exclude land in the manner provided by Subchapter J, Chapter | |||||
49, Water Code, or by Subchapter H, Chapter 54, Water Code. | |||||
Sec. 3987.0309. 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. 3987.0310. NO EMINENT DOMAIN POWER. The district may | |||||
not exercise the power of eminent domain. | |||||
SUBCHAPTER D. ASSESSMENTS | |||||
Sec. 3987.0401. 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 at least 60 percent 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. 3987.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) | |||||
The board by resolution may impose and collect an assessment for any | |||||
purpose authorized by this chapter in all or any part of the | |||||
district. | |||||
(b) An assessment, a reassessment, or an assessment | |||||
resulting from an addition to or correction of the assessment roll | |||||
by the district, penalties and interest on an assessment or | |||||
reassessment, an expense of collection, and reasonable attorney's | |||||
fees incurred by the district: | |||||
(1) are a first and prior lien against the property | |||||
assessed; | |||||
(2) are superior to any other lien or claim other than | |||||
a lien or claim for county, school district, or municipal ad valorem | |||||
taxes; and | |||||
(3) are the personal liability of and a charge against | |||||
the owners of the property even if the owners are not named in the | |||||
assessment proceedings. | |||||
(c) The lien is effective from the date of the board's | |||||
resolution imposing the assessment until the date the assessment is | |||||
paid. The board may enforce the lien in the same manner that the | |||||
board may enforce an ad valorem tax lien against real property. | |||||
(d) The board may make a correction to or deletion from the | |||||
assessment roll that does not increase the amount of assessment of | |||||
any parcel of land without providing notice and holding a hearing in | |||||
the manner required for additional assessments. | |||||
SUBCHAPTER E. TAXES AND BONDS | |||||
Sec. 3987.0501. 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. 3987.0502. OPERATION AND MAINTENANCE TAX. (a) If | |||||
authorized by a majority of the district voters voting at an | |||||
election under Section 3987.0501, 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. 3987.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE | |||||
BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on | |||||
terms determined by the board. | |||||
(b) The district may issue bonds, notes, or other | |||||
obligations payable wholly or partly from ad valorem taxes, | |||||
assessments, impact fees, revenue, contract payments, grants, or | |||||
other district money, or any combination of those sources of money, | |||||
to pay for any authorized district purpose. | |||||
(c) The limitation on the outstanding principal amount of | |||||
bonds, notes, or other obligations provided by Section 49.4645, | |||||
Water Code, does not apply to the district. | |||||
Sec. 3987.0504. 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. 3987.0505. BONDS SECURED BY AD VALOREM TAXES; | |||||
ELECTIONS. (a) If authorized at an election under Section | |||||
3987.0501, the district may issue bonds payable from ad valorem | |||||
taxes only to purchase, construct, acquire, own, operate, repair, | |||||
improve, or extend facilities and improvements for and in support | |||||
of: | |||||
(1) parking as described by Section 3987.0307; | |||||
(2) parks and recreational facilities, including: | |||||
(A) parks, landscaping, and greenbelts; | |||||
(B) sidewalks and trails; | |||||
(C) pedestrian crosswalks, bridges, and tunnels; | |||||
(D) public right-of-way beautification projects; | |||||
(E) plazas, pedestrian malls, and places of | |||||
public assembly; | |||||
(F) lighting, banners, and signs; | |||||
(G) works of art; and | |||||
(H) recreational equipment and facilities; and | |||||
(3) water, sewer, drainage, and road facilities and | |||||
improvements. | |||||
(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. 3987.0506. 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. | |||||
Sec. 3987.0507. CITY NOT REQUIRED TO PAY DISTRICT | |||||
OBLIGATIONS. Except as provided by Section 375.263, Local | |||||
Government Code, the city is not required to pay a bond, note, or | |||||
other obligation of the district. | |||||
Sec. 3987.0508. CONFIRMATION ELECTION REQUIRED. The | |||||
district must hold an election to confirm the creation of the | |||||
district before the district may impose an ad valorem tax or issue | |||||
bonds payable from ad valorem taxes. | |||||
SUBCHAPTER I. DISSOLUTION | |||||
Sec. 3987.0901. 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 Harris County Improvement District No. 28 | |||||
initially includes all territory contained in the following area: | |||||
Being a tract or parcel, containing 6.011 acres (261,835 | |||||
square feet) of land, situated in the John Austin Two League Grant, | |||||
Abstract Number 1, City of Houston, Harris County, Texas, and being | |||||
all of Unrestricted Reserve "A" and part of and out of Unrestricted | |||||
Reserve "B", Block 1, CWA GILLETTE STREET, a plat of subdivision | |||||
recorded under Film Code Number 657260, Map Records of Harris | |||||
County, Texas (M.R.H.C.); also being all that certain called 6.011 | |||||
acres described in deed to Westcreek HTX Real Estate Partners-D, | |||||
L.P. (herein referred to as the "Westcreek Tract"), as recorded | |||||
under County Clerk's File (C.C.F.) Number 20150175209, Official | |||||
Public Records of Real Property of Harris County, Texas | |||||
(O.P.R.R.P.H.C.); the herein described 6.011 acre tract being more | |||||
particularly described by metes and bounds as follows (bearings | |||||
herein are grid bearings based on the Texas State Plane Coordinate | |||||
System, South Central Zone, NAD 83, as evidenced on said | |||||
subdivision plat of CWA GILLETTE STREET; distances are surface | |||||
distances based on the U.S. Survey Foot and may be converted to grid | |||||
by multiplying by a combined scale factor of 0.999890843): | |||||
BEGINNING at a 5/8-inch iron rod with plastic cap, stamped | |||||
"TERRA SURVEYING", set marking the intersection of the south | |||||
right-of-way (R.O.W.) line of Allen Parkway (public), based on a | |||||
195-foot width, with the east R.O.W. line of Gillette Street | |||||
(public), based on a 60-foot width; both street rights-of-way being | |||||
part of and out of the remainder of that certain called 48.78 acres | |||||
described in deed to City of Houston, as recorded in Volume 372, | |||||
Page 235, Deed Records of Harris County, Texas; also, the alignment | |||||
of said street rights-of-way are depicted on City File Room | |||||
Drawings 6064 and 9387 for Allen Parkway, and 8064 and 36778 for | |||||
Gillette Street; said iron rod also marking the northwest corner of | |||||
said Westcreek Tract, said Unrestricted Reserve "A", and the herein | |||||
described tract; | |||||
THENCE, North 87°38'58" East, with the south R.O.W. line of | |||||
said Allen Parkway, a distance of 387.79 feet to a 3/4-inch iron rod | |||||
found marking the northwest corner of Reserve "A", Block 1, ALLEN | |||||
PARKWAY VILLAGE, a plat of subdivision recorded under Film Code | |||||
Number 428006, M.R.H.C.; said iron rod also marking the northeast | |||||
corner of said Westcreek Tract, said Unrestricted Reserve "A", and | |||||
the herein described tract, from which a 5/8-inch iron rod found for | |||||
reference bears South 84°04' West, 2.40 feet; | |||||
THENCE, South 02°19'25" East, departing said south R.O.W. | |||||
line with the west line of said Reserve "A", and the east line of | |||||
said Westcreek Tract and said Unrestricted Reserve "A", at 373.40 | |||||
feet pass a 3/4-inch iron rod found marking the most easterly common | |||||
corner of the aforesaid Unrestricted Reserves "A" and "B"; | |||||
continuing, with said west line, and the east line of said Westcreek | |||||
Tract and said Unrestricted Reserve "B", a total distance of 675.57 | |||||
feet to a 5/8-inch iron rod with plastic cap, stamped "TERRA | |||||
SURVEYING", set marking the southeast corner of said Westcreek | |||||
Tract and the herein described tract; | |||||
THENCE, South 87°38'09" West, across said Unrestricted | |||||
Reserve "B" with the south line of said Westcreek Tract, a distance | |||||
of 387.31 feet to a 5/8-inch iron rod with plastic cap, stamped | |||||
"TERRA SURVEYING", set in the east R.O.W. line of the aforesaid | |||||
Gillette Street and marking the southwest corner of said Westcreek | |||||
Tract and the herein described tract; | |||||
THENCE, North 02°21'51" West, with the east R.O.W. line of | |||||
said Gillette Street, at 418.66 feet pass the most westerly common | |||||
corner of the aforesaid Unrestricted Reserves "A" and "B", from | |||||
which a 3/4-inch iron rod found for reference bears South 87°38'58" | |||||
West, 0.13 feet; continuing, a total distance of 675.66 feet to the | |||||
POINT OF BEGINNING and containing 6.011 acres (261,835 square feet) | |||||
of land. | |||||
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. | |||||
* * * * * |