Bill Text: TX SB2518 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the creation of the East Houston Management District; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-05-10 - Recommendations filed with the Senate [SB2518 Detail]

Download: Texas-2019-SB2518-Introduced.html
  86R2580 JXC-F
 
  By: Alvarado S.B. No. 2518
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the East Houston Management District;
  providing authority to issue bonds; providing authority to impose
  assessments, fees, or 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 3923 to read as follows:
  CHAPTER 3923.  EAST HOUSTON MANAGEMENT DISTRICT
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 3923.0101.  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 East Houston Management
  District.
         Sec. 3923.0102.  CREATION AND NATURE OF DISTRICT. The
  district is a special district created under Section 59, Article
  XVI, Texas Constitution.
         Sec. 3923.0103.  CONFIRMATION ELECTION REQUIRED. (a) On
  receipt of a petition signed by a majority of the owners of real
  property in the district according to the most recent certified tax
  appraisal roll for the county, the initial board shall hold an
  election to confirm the creation of the district in the manner
  provided by Subchapter D, Chapter 49, Water Code.
         (b)  The board may not issue bonds or other obligations
  unless the creation of the district is confirmed as provided by this
  section.
         Sec. 3923.0104.  PURPOSE; LEGISLATIVE FINDINGS. (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. 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.
         (b)  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.
         (c)  The district is created to supplement and not to
  supplant city services provided in the district.
         Sec. 3923.0105.  FINDINGS OF PUBLIC USE AND BENEFIT. (a)
  The district is created to serve a public use and benefit.
         (b)  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.
         (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;
               (3)  developing or expanding transportation and
  commerce; and
               (4)  providing quality residential housing.
         (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 residential community and business
  center; and
               (3)  promote the health, safety, welfare, and enjoyment
  of the public by providing pedestrian ways and by landscaping,
  removing graffiti from, and developing certain areas in the
  district, which are necessary for the restoration, preservation,
  and enhancement of scenic beauty.
         (e)  Pedestrian ways along or across a street, whether at
  grade or above or below the surface, and street lighting, street
  landscaping, vehicle parking, and street art objects are parts of
  and necessary components of a street and are considered to be an
  improvement project that includes 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. 3923.0106.  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 bond for the purposes
  for which the district is created or to pay the principal of and
  interest on a bond;
               (3)  right to impose or collect an assessment or tax; or
               (4)  legality or operation.
         Sec. 3923.0107.  ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
  (a)  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.
         (b)  If the city creates a tax increment reinvestment zone
  described by Subsection (a), the city and the board of directors of
  the zone, by contract with the district, may grant money deposited
  in the tax increment fund to the district to be used by the district
  for the purposes permitted for money granted to a corporation under
  Section 380.002(b), Local Government Code, including the right to
  pledge the money as security for any bonds issued by the district
  for an improvement project.  A project may not receive public funds
  under Section 380.002(b), Local Government Code, unless the project
  has been approved by the governing body of the city.
         Sec. 3923.0108.  APPLICABILITY OF MUNICIPAL MANAGEMENT
  DISTRICTS LAW. Except as otherwise provided by this chapter,
  Chapter 375, Local Government Code, applies to the district.
         Sec. 3923.0109.  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. 3923.0201.  GOVERNING BODY; TERMS. The district is
  governed by a board of 11 directors who serve staggered terms of
  four years, with five or six directors' terms expiring June 1 of
  each odd-numbered year.
         Sec. 3923.0202.  QUALIFICATIONS OF DIRECTORS APPOINTED BY
  CITY. To be qualified to serve as a director, a person must be:
               (1)  a resident of the district who is also a registered
  voter of the district;
               (2)  an owner of stock or a partnership or membership
  interest, whether beneficial or otherwise, of a corporate
  partnership, limited liability company, or other entity owner of a
  direct or indirect interest in property in the district; or
               (3)  an agent, employee, or tenant of a person
  described by Subdivision (2).
         Sec. 3923.0203.  APPOINTMENT OF DIRECTORS; COMPOSITION OF
  BOARD. (a)  The governing body of the city shall appoint directors
  from qualified persons recommended by the board.
         (b)  In making appointments under this section, the
  governing body of the city shall ensure that:
               (1)  eight positions on the board are occupied by
  persons described by Section 3923.0202(2) or (3); and
               (2)  three positions on the board are occupied by
  persons described by Section 3923.0202(1).
         Sec. 3923.0204.  VACANCY. If a vacancy occurs on the board,
  the remaining directors shall appoint a qualified director for the
  remainder of the unexpired term.
         Sec. 3923.0205.  DIRECTOR'S OATH OR AFFIRMATION. (a)  A
  director shall file the director's oath or affirmation of office
  with the district, and the district shall retain the oath or
  affirmation in the district records.
         (b)  A director shall file a copy of the director's oath or
  affirmation with the secretary of the city.
         Sec. 3923.0206.  QUORUM.  A vacant director position is not
  counted for purposes of establishing a quorum.
         Sec. 3923.0207.  OFFICERS. The board shall elect from among
  the directors a chair, a vice chair, and a secretary. The offices
  of chair and secretary may not be held by the same person.
         Sec. 3923.0208.  COMPENSATION; EXPENSES. (a) The district
  may compensate each director in an amount not to exceed $50 for each
  board meeting. The total amount of compensation a director may
  receive each year may not exceed $2,000.
         (b)  A director is entitled to reimbursement for necessary
  and reasonable expenses incurred in carrying out the duties and
  responsibilities of the board.
         Sec. 3923.0209.  LIABILITY INSURANCE. The district may
  obtain and pay for comprehensive general liability insurance
  coverage from a commercial insurance company or other source that
  protects and insures a director against personal liability and from
  all claims relating to:
               (1)  actions taken by the director in the director's
  capacity as a member of the board;
               (2)  actions and activities taken by the district; or
               (3)  the actions of others acting on behalf of the
  district.
         Sec. 3923.0210.  NO EXECUTIVE COMMITTEE. The board may not
  create an executive committee to exercise the powers of the board.
         Sec. 3923.0211.  BOARD MEETINGS. The board shall hold
  meetings at a place accessible to the public.
         Sec. 3923.0212.  INITIAL DIRECTORS. (a) The initial board
  includes:
 
Pos. No. Name of Director
 
1 Terri Almendarez
 
2 Ana Gonzalez
 
3 Linda Andrade
 
4 Ernesto Cantu
 
5 Pedro Diaz
 
6 Joshua Santana
 
7 Bryan Gallagher
         (b)  Not later than October 1, 2019, the governing body of
  the city shall appoint four additional initial directors to the
  board.  Of the four initial directors appointed under this
  subsection:
               (1)  one director must be a person described by Section
  3923.0202(1); and
               (2)  three directors must be persons described by
  Section 3923.0202(2) or (3).
         (c)  Section 3923.0202 does not apply to an initial director
  named by Subsection (a).
         (d)  The terms of the initial directors expire June 1, 2021.
         (e)  Of the directors who replace an initial director, the
  terms of directors serving in positions 1 through 6 expire June 1,
  2023, and the terms of directors serving in positions 7 through 11
  expire June 1, 2025.
         (f)  This section expires September 1, 2025.
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 3923.0301.  GENERAL POWERS AND DUTIES.  The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 3923.0302.  IMPROVEMENT PROJECTS AND SERVICES.  The
  district may provide, design, construct, acquire, improve,
  relocate, operate, maintain, or finance an improvement project or
  service using money available to the district, or contract with a
  governmental or private entity to 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.
         Sec. 3923.0303.  LOCATION OF IMPROVEMENT PROJECT.  An
  improvement project described by Section 3923.0302 may be located:
               (1)  in the district; or
               (2)  in an area outside but adjacent to the district if
  the project is for the purpose of extending a public infrastructure
  improvement beyond the district's boundaries to a logical terminus.
         Sec. 3923.0304.  DEVELOPMENT CORPORATION POWERS. The
  district, using money available to the district, may exercise the
  powers given to a development corporation under Chapter 505, Local
  Government Code, including the power to own, operate, acquire,
  construct, lease, improve, or maintain a project under that
  chapter.
         Sec. 3923.0305.  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. 3923.0306.  AGREEMENTS; GRANTS. (a)  As provided by
  Chapter 375, Local Government Code, the district may make an
  agreement with or accept a gift, grant, or loan from any person.
         (b)  The implementation of a project is a governmental
  function or service for the purposes of Chapter 791, Government
  Code.
         Sec. 3923.0307.  LAW ENFORCEMENT SERVICES. To protect the
  public interest, the district may contract with a qualified party,
  including the county or the city, to provide law enforcement
  services in the district for a fee.
         Sec. 3923.0308.  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. 3923.0309.  ECONOMIC DEVELOPMENT. (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. 3923.0310.  CONCURRENCE ON ADDITIONAL POWERS. If the
  legislature grants the district a power that is in addition to the
  powers approved by the initial resolution of the governing body of
  the city consenting to the creation of the district, the district
  may not exercise that power unless the governing body of the city
  consents to that change by resolution.
         Sec. 3923.0311.  NO EMINENT DOMAIN POWER.  The district may
  not exercise the power of eminent domain.
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
         Sec. 3923.0401.  DISBURSEMENTS AND TRANSFERS OF MONEY. The
  board by resolution shall establish the number of signatures and
  the procedure required for a disbursement or transfer of the
  district's money.
         Sec. 3923.0402.  MONEY USED FOR IMPROVEMENTS OR SERVICES.
  The district may acquire, construct, finance, operate, or maintain
  an improvement project or service authorized under this chapter or
  Chapter 375, Local Government Code, using any money available to
  the district for that purpose.
         Sec. 3923.0403.  GENERAL POWERS REGARDING PAYMENT OF
  DISTRICT BONDS, OBLIGATIONS, OR OTHER COSTS.  The district may
  provide or secure the payment or repayment of any bond, note, or
  other temporary or permanent obligation or reimbursement or other
  contract with any person and the costs and expenses of the
  establishment, administration, and operation of the district and
  the district's costs or share of the costs or revenue of an
  improvement project or district contractual obligation or
  indebtedness by:
               (1)  the imposition of an ad valorem tax or sales and
  use tax or an assessment, user fee, concession fee, or rental
  charge; or
               (2)  any other revenue or resources of the district, or
  other revenue authorized by the city, including revenues from a tax
  increment reinvestment zone created by the city under applicable
  law.
         Sec. 3923.0404.  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)  The petition 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. 3923.0405.  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.
         Sec. 3923.0406.  STORM WATER USER CHARGES.  The district may
  establish user charges related to the operation of storm water
  facilities, including the regulation of storm water for the
  protection of water quality in the district.
         Sec. 3923.0407.  NONPOTABLE WATER USER CHARGES.  The
  district may establish user charges for the use of nonpotable water
  for irrigation purposes, subject to approval of the governing body
  of the city.
         Sec. 3923.0408.  COSTS FOR IMPROVEMENT PROJECTS.  The
  district may undertake separately or jointly with other persons,
  including the city or county, all or part of the cost of an
  improvement project, including an improvement project:
               (1)  for improving, enhancing, and supporting public
  safety and security, fire protection and emergency medical
  services, and law enforcement in or adjacent to the district; or
               (2)  that confers a general benefit on the entire
  district or a special benefit on a definable part of the district.
         Sec. 3923.0409.  TAX AND ASSESSMENT ABATEMENTS.  The
  district may designate reinvestment zones and may grant abatements
  of a tax or assessment on property in the zones.
  SUBCHAPTER E.  TAXES AND BONDS
         Sec. 3923.0501.  TAX ABATEMENT.  The district may enter into
  a tax abatement agreement in accordance with the general laws of
  this state authorizing and applicable to a tax abatement agreement
  by a municipality.
         Sec. 3923.0502.  PROPERTY TAX AUTHORIZED.  (a)  The district
  may impose an ad valorem tax on all taxable property in the district
  to:
               (1)  pay for an improvement project of the types
  authorized by Section 52(b), Article III, and Section 59, Article
  XVI, Texas Constitution; or
               (2)  secure the payment of bonds issued for a purpose
  described by Subdivision (1).
         (b)  The district may not impose an ad valorem tax to pay for
  an improvement project under this chapter unless the imposition is
  approved by the voters of the district voting at an election held
  for that purpose. The board may call an election to approve the
  imposition of an ad valorem tax to pay for an improvement project
  under this chapter only if the board receives a petition requesting
  the election signed by:
               (1)  more than 51 percent of the record owners of real
  property in the district subject to taxation; or
               (2)  owners representing more than 51 percent of the
  appraised value of real property in the district subject to
  taxation, as determined by the tax rolls of the appraisal district.
         Sec. 3923.0503.  SALES AND USE TAX.  (a)  The district may
  impose a sales and use tax if authorized by a majority of the voters
  of the district voting at an election called for that purpose.
  Revenue from the tax may be used for any purpose for which ad
  valorem tax revenue of the district may be used.
         (b)  The district may not adopt a sales and use tax if as a
  result of the adoption of the tax the combined rate of all sales and
  use taxes imposed by the district and other political subdivisions
  of this state having territory in the district would exceed two
  percent at any location in the district.
         (c)  If the voters of the district approve the adoption of
  the tax at an election held on the same election date on which
  another political subdivision adopts a sales and use tax or
  approves an increase in the rate of its sales and use tax and as a
  result the combined rate of all sales and use taxes imposed by the
  district and other political subdivisions of this state having
  territory in the district would exceed two percent at any location
  in the district, the election to adopt a sales and use tax under
  this chapter has no effect.
         Sec. 3923.0504.  BONDS AND OTHER OBLIGATIONS. (a) The
  district may issue, by public or private sale, bonds, notes, or
  other obligations payable wholly or partly from ad valorem taxes,
  sales and use taxes, or assessments in the manner provided by
  Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local
  Government Code.
         (b)  In exercising the district's borrowing power, the
  district may issue a bond or other obligation in the form of a bond,
  note, certificate of participation or other instrument evidencing a
  proportionate interest in payments to be made by the district, or
  other type of obligation.
         (c)  In addition to the sources of money described by
  Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
  Government Code, district bonds may be secured and made payable
  wholly or partly by a pledge of any part of the money the district
  receives from improvement revenue or from any other source.
         Sec. 3923.0505.  BOND MATURITY. Bonds may mature not more
  than 40 years from their date of issue.
         Sec. 3923.0506.  TAXES FOR BONDS AND OTHER OBLIGATIONS. At
  the time bonds or other obligations payable wholly or partly from ad
  valorem taxes are issued:
               (1)  the board shall impose a continuing direct annual
  ad valorem tax for each year that all or part of the bonds are
  outstanding; and
               (2)  the district annually shall impose an ad valorem
  tax on all taxable property in the district in an amount sufficient
  to:
                     (A)  pay the interest on the bonds or other
  obligations as the interest becomes due; and
                     (B)  create a sinking fund for the payment of the
  principal of the bonds or other obligations when due or the
  redemption price at any earlier required redemption date.
  SUBCHAPTER F.  DISSOLUTION
         Sec. 3923.0601.  DISSOLUTION BY CITY ORDINANCE. (a) Except
  as provided by Subsection (b), the city by ordinance may dissolve
  the district.
         (b)  The city may not dissolve the district until the
  district's outstanding debt or contractual obligations that are
  payable from ad valorem taxes have been repaid or discharged, or the
  city has affirmatively assumed the obligation to pay the
  outstanding debt from city revenue.
         Sec. 3923.0602.  DISSOLUTION BY BOARD OR PETITION. (a)
  Except as provided by Subsection (b), the board:
               (1)  may dissolve the district; and
               (2)  shall dissolve the district on receipt of a
  written petition requesting dissolution signed by a majority of the
  owners of real property in the district.
         (b)  The board may not dissolve the district until the
  district's outstanding debt or contractual obligations that are
  payable from ad valorem taxes have been repaid or discharged, or the
  city has affirmatively assumed the obligation to pay the
  outstanding debt from city revenue.
         Sec. 3923.0603.  COLLECTION OF ASSESSMENTS AND OTHER
  REVENUE. (a) If the dissolved district has bonds or other
  obligations outstanding secured by and payable from assessments or
  other revenue, other than ad valorem taxes, the city shall succeed
  to the rights and obligations of the district regarding enforcement
  and collection of the assessments or other revenue.
         (b)  The city shall have and exercise all district powers to
  enforce and collect the assessments or other revenue to pay:
               (1)  the bonds or other obligations when due and
  payable according to their terms; or
               (2)  special revenue or assessment bonds or other
  obligations issued by the city to refund the outstanding bonds or
  obligations.
         Sec. 3923.0604.  ASSUMPTION OF ASSETS AND LIABILITIES. (a)
  After the district is dissolved, the city assumes, subject to the
  appropriation and availability of funds, the obligations of the
  district, including any bonds or other debt payable from
  assessments or other district revenue.
         (b)  After the district is dissolved, the board shall
  transfer ownership of all district property to the city.
         SECTION 2.  The East Houston Management District initially
  includes all the territory contained in the following area:
  The described area is +/- 2,438 acres (3.81 sq. miles) in size and
  is centered on Market Street and N. Wayside Drive in East Houston.
  The area is generally bounded by N. McCarty St., Amtrak Rail Spur
  and MNCW Railway on the east, Clinton Dr. & Greater East End
  District on the south, Southern Pacific Railway on the west and
  Wallisville Rd. on the north.
  Beginning at a point where the right-of-way (ROW) centerline of
  Wallisville Road intersects with the ROW centerline of N. McCarty
  St. then southwest and south along ROW centerline of N. McCarty
  St. to a point west of northwest corner of 12.85 acre tract (ABST 8
  J BROWN TR 15);
  Then east along north boundary of said 12.85 acre tract, 0.8562 acre
  tract (GLENDALE TR 25A-1), and 6.8903 acre tract (GLENDALE TRS
  25C-2 & 29D & 29H) to west easement of HB&T rail spur;
  Then generally southeast and south along west easement of HB&T rail
  spur and east boundary of 2.644 acre tract (GLENDALE TR 29B),
  12.3965 acre tract (GLENDALE TRS 25C 29 29D & 33A), 8.0352 acre
  tract (GLENDALE TRS 33D), and 0.6528 acre tract (GLENDALE TRS 33C &
  33E) to south ROW of Munn St.;
  Then west along south ROW of Munn St. to northeast corner of 0.1148
  acre parcel (PORT HOUSTON NS LT 8 BLK 36);
  Then south along east boundary of said 0.1148 acre parcel, and east
  boundary of PORT HOUSTON NS Subdivision to southeast corner of
  0.8035 acre parcel (PORT HOUSTON NS LTS 6 THRU 11 & TRS 5B & 12B BLK
  61);
  Then west along south boundary of said 0.8035 acre parcel to a point
  north of northeast corner of 0.1148 acre parcel (PORT HOUSTON NS TR
  R20 BLK 62);
  Then south across ROW of Tuffly St., and along east boundary of
  0.1148 acre parcel (PORT HOUSTON NS TR R20 BLK 62), and east
  boundary of PORT HOUSTON NS TR R20 BLK 67, TR R20 BLK 68, TR R20 BLK
  73, TR R20 BLK 74, TR R20 BLK 80, TR R20 BLK 81 and TR R20 BLK 84 to
  south easement of a HB&T railway;
  Then southeast and east along south easement of HB&T railway to ROW
  centerline of Interstate Hwy 610 E;
  Then south along ROW centerline of Interstate Hwy 610 E to ROW
  centerline of Clinton Dr. and coincident boundary line of Greater
  East End District (East End Boundary);
  Then northwest along ROW centerline of Clinton Dr. and East End
  Boundary to west ROW of Dorsett St.;
  Then north along west ROW of Dorsett St. and East End Boundary to
  south ROW of Tilgham St.;
  Then west along south ROW of Tilgham St. and East End Boundary to
  east ROW of Labco St.;
  Then north along east ROW of Labco St. and East End Boundary to
  south ROW of Market St.;
  Then generally east along south ROW of Market St. and East End
  Boundary to east ROW of Dorsett St.;
  Then north along east ROW of Dorsett St. and East End Boundary to
  ROW centerline of Lyons Ave.;
  Then west along ROW centerline of Lyons Ave. and East End Boundary
  to ROW centerline of Crown St.;
  Then south along ROW centerline of Crown St. and East End Boundary
  to ROW centerline of Market St.;
  Then generally east along ROW centerline of Market St. and East End
  Boundary to west ROW of N. Wayside Dr./US 90-A Hwy West
  (southbound);
  Then south across ROW of N. Wayside Dr. and along East End Boundary
  line to north easement of Amtrak Railway;
  Then northwest along north easement of Amtrak Railway and East End
  Boundary line to ROW centerline of Clinton Dr.;
  Then generally west and west northwest along ROW centerline of
  Clinton Dr. and East End Boundary line to east ROW of Lockwood Dr.;
  Then north along east ROW of Lockwood Dr. to south easement
  Southern Pacific Railway;
  Then east southeast along south easement of Southern Pacific
  Railway to a point northeast of northeast corner of 1.0752 acre
  parcel (GOLDEN TEX RES A) and railway split;
  Then generally northeast and north along east easement of Southern
  Pacific Railway to ROW centerline of Wallisville Road;
  Then east and east northeast along ROW centerline of Wallisville
  Road to west ROW of N. McCarty St. and beginning point of +/- 2,438
  acre tract.
  Save and except tract located at 1320 Boyles St. and being a tract
  of land containing 22,541 square feet (called 22,546 square feet)
  situated in the W.P. Harris and Robert Wilson Survey, Abstract
  No. 32, City of Houston, Harris County, Texas, and being more
  particularly described by metes and bounds as follows:
  COMMENCING at a 5/8-inch iron rod found at the intersection of the
  centerline of Palestine Street (60 feet wide) with the centerline
  of Boyles Street (60 feet wide);
  THENCE South 00 deg. 02 min. 30 sec. West along the centerline of
  said Boyles Street, a distance of 1035.85 (called 1034.97');
  THENCE WEST, a distance of 30.00 feet to a 1/2-inch iron rod found
  for the Southeast corner and POINT OF BEGINNING of the herein
  described 22,541 square foot parcel, said corner also being the
  Northeast corner of that 46,859 square foot parcel described in
  Harris County Clerk's File No. N442918;
  THENCE continuing WEST along the North line of said 46,859 square
  foot parcel, a distance of 225.37 feet to a 5/8-inch iron rod found
  for the Southwest corner, same being the Northwest corner of said
  46,859 square foot parcel, in the East line of a 43 foot wide
  easement conveyed to Houston Belt and Terminal Railway Company and
  Texas and New Orleans Railroad Company;
  THENCE North along the East line of said 43 foot wide railroad
  easement, a distance of 100.00 feet to a 5/8-inch iron rod found for
  the Northwest corner, same being the Southwest corner of a 50' x
  225,3' tract described in Harris County Clerk's File No. K935912;
  THENCE EAST along the South line of said 50' x 225.3' tract, a
  distance of 225.44 feet (called225.46') to a 5/8-inch iron rod
  found for the Northeast corner in the West right-of-way line of said
  Boyles Street;
  THENCE South 00 deg. 02 min. 30 sec. West along the West line of said
  Boyles Street, a distance of 100.00 feet to the POINT OF BEGINNING
  of 22,541 sq. foot Save and except tract.
  Save and except tract located at 1335 Boyles St. and being a 4.4067
  acre tract of land situated in the City of Houston, Harris County,
  Texas, and out of the Harris and Wilson Two-League Grant, Abstract
  32, also being the same tract of land described in the Deed of Trust
  Recorded in Harris County Clerk's File No. K920750, said 4.4067
  acre tract of land being more particularly described by metes and
  bounds as follows:
  COMMENCING at a bolt found for the centerline intersection of
  Palestine Street (a 30 foot right-of-way) with Boyles Street (a 60
  foot right-of-way);
  THENCE with the centerline of Boyles Street, South 00 degrees 00
  minutes 00 seconds east, a distance of 915.78 feet to a point for
  corner;
  THENCE North 90 degrees 00 minutes 00 seconds east, a distance of30
  feet to a 5/8 inch iron ROD found in the easterly right-of-way line
  of Boyles Street for the point of beginning and being the northwest
  comer of the herein described tract;
  THENCE North 90 degrees 00 minutes 00 seconds east, a distance of
  225.96 feet to a 5/8 inch iron rod set for the northeast comer of the
  herein described tract;
  THENCE South 00 degrees 00 minutes 00 seconds east, along the west
  line of a 40 foot wide joint railroad easement, a distance of 788.02
  feet to a 5/8 inch iron rod set for the point of curvature of curve
  to the right having a radius of 361.56 feet;
  THENCE with said curve to the right through a central angle of 09
  degrees 52 minutes 14 seconds, an arc distance of 62.29 feet to a
  5/8 inch iron rod set for the southeast corner of the herein
  described tract;
  THENCE South 90 degrees 00 minutes 00 seconds west, a distance of
  220.61 feet to a 5/8 inch iron rod found for corner in the easterly
  right-of-way line of Boyles Street;
  THENCE with the easterly right-of-way line of Boyles Street, north
  00 degrees 00 minutes 00 seconds west, a distance of 850.00 feet to
  the point of beginning of 4.4067 acre (191,956 square feet) Save and
  except tract.
  Save and except tract located at 5719 Clinton Drive and being a
  2.141 acre (93,244 square foot) tract situated in the Harris and
  Wilson Two League Grant, Abstract No. 32, Houston, Harris County,
  Texas, and being all of that certain called 2.1405 acre tract
  conveyed to Hai I Nguyen and Nga T Nguyen, described in Warranty
  Deed filed under County Clerk's File No U195916, Film Code No. 530-
  37- 1359 of the Official Public Records of Real Property of Harris
  County, Texas, said 2.141 acre tract being more particularly
  described by metes and bounds as follows, with the basis of bearings
  being the deed calls for said 2.1405 acre tract:
  BEGINNING at a 3-inch galvanized pipe fence post marking the
  southeast corner of said 2.1405 acre tract, and also being the
  intersection of the northeast right-of-way line of Clinton Drive
  (120 foot width) and the northwest right-of-way line of Kress
  Street (80 foot width - unimproved};
  THENCE North 71 deg. 10 min. 3O sec. West, with the southwest line
  of said 2.1405 acre tract, some being the said northeast right- of-
  way line of Clinton Drive, a distance of 375.00 feet to a 5/8-inch
  iron rod with cap {stamped "Weisser Eng., Houston, TX") set marking
  the southwest comer of said 2.1405 acre tract, some being the
  southeast corner of that certain called 37,297.5 square foot tract
  conveyed to The 117 Corporation, described in Deed filed under
  County Clerk's File No. D242296, Film Code No. 124-21-0871 of said
  Official Public Records, and from which a 3-inch galvanized pipe
  fence post found bears South 67 deg. 03 min East, 0.91 feet;
  THENCE North 18 deg. 49 min 30 sec. East, with the northwest line of
  said 2.1405 acre tract, some being the southeast line of said
  37,297.5 square foot tract. a distance of 248.65 feet to o 5/8-inch
  iron rod found marking the northwest corner of so1d 2.1405 acre
  tract, same being the northeast corner of said 37,297.5 square foot
  tract, and being in the southwest line of the Southern Pacific
  Railroad right-of-way;
  THENCE South 71 deg, 10 min. 30 sec. East, with the northeast line
  of said 2.1405 acre tract, same being the said southwest line of the
  Southern Pacific Railroad right-of-way, o distance of 375.00 feet
  to the northeast comer of said 2.1405 acre tract. same being the
  northwest terminus of said Kress Street, from which a 5/8-inch iron
  rod found bears South 28 deg. 29 min. East, 0.27 feet;
  THENCE South 18 deg. 49 min. 30 sec. West, with the southeast
  line of said 2.1405 acre tract, some being the said northwest
  right-of-way line of Kress Street. a distance of 248.65 feet to the
  POINT OF BEGINNING of 2.141 acres (93,244 square feet) Save and
  except tract.
         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.
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