81R6398 SJM-F
 
  By: Patrick, Dan S.B. No. 2473
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the Harris County Improvement District
  No. 13; providing authority to impose an assessment, impose a tax,
  and issue bonds.
         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 3881 to read as follows:
  CHAPTER 3881. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 13
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 3881.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a board member.
               (3)  "District" means the Harris County Improvement
  District No. 13.
         Sec. 3881.002.  NATURE OF DISTRICT. The Harris County
  Improvement District No. 13 is a special district created under
  Section 59, Article XVI, Texas Constitution.
         Sec. 3881.003.  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. By creating the district and in authorizing the City of
  Houston, Harris County, 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)  This chapter and the creation of the district may not be
  interpreted to relieve Harris County 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 the county services provided in the
  area in the district.
         Sec. 3881.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (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:
               (1)  further the public purposes of developing and
  diversifying the economy of the state;
               (2)  eliminate unemployment and underemployment; and
               (3)  develop or expand 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. 3881.005.  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 bond for the purposes
  for which the district is created or to pay the principal of and
  interest on the bond;
               (3)  right to impose or collect an assessment or tax; or
               (4)  legality or operation.
         Sec. 3881.006.  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; or
               (3)  an enterprise zone created under Chapter 2303,
  Government Code.
         Sec. 3881.007.  APPLICABILITY OF MUNICIPAL MANAGEMENT
  DISTRICTS LAW. Except as otherwise provided by this chapter,
  Chapter 375, Local Government Code, applies to the district.
         Sec. 3881.008.  LIBERAL CONSTRUCTION OF CHAPTER. This
  chapter shall be liberally construed in conformity with the
  findings and purposes stated in this chapter.
  [Sections 3881.009-3881.050 reserved for expansion]
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 3881.051.  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, but only if the board determines that the
  change is in the best interest of the district. The board may not
  consist of fewer than five or more than 15 voting directors.
         Sec. 3881.052.  APPOINTMENT OF DIRECTORS. The Texas
  Commission on Environmental Quality shall appoint voting directors
  from persons recommended by the board.
         Sec. 3881.053.  INITIAL VOTING DIRECTORS. (a) The initial
  board consists of the following voting directors:
 
Pos. No. Name of Director
 
1 Chris Taylor
 
2 Leanne Ross
 
3 Ryan Sweeney
 
4 Shane Herzog
 
5 Terry Taylor
         (b)  Of the initial directors, the terms of directors
  appointed for positions 1 through 3 expire June 1, 2011, and the
  terms of directors appointed for positions 4 and 5 expire June 1,
  2013.
         (c)  Section 3881.052 does not apply to this section.
         Sec. 3881.054.  NONVOTING DIRECTORS. The board may appoint
  nonvoting directors to serve at the pleasure of the voting
  directors.
         Sec. 3881.055.  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. 3881.056.  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.
  [Sections 3881.057-3881.100 reserved for expansion]
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 3881.101.  DEVELOPMENT CORPORATION POWERS. 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 described by that section.
         Sec. 3881.102.  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 for purposes of
  this chapter to be a local government corporation created under
  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 Chapter 431,
  Transportation Code, except that a board member is not required to
  reside in the district.
         Sec. 3881.103.  AGREEMENTS; GRANTS. (a) 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. 3881.104.  AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT
  SERVICES. To protect the public interest, the district may
  contract with a qualified person, including Harris County or the
  City of Houston, for the provision of law enforcement services in
  the district for a fee.
         Sec. 3881.105.  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. 3881.106.  ECONOMIC DEVELOPMENT PROGRAMS. (a) 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.
         (b)  The district has all of the powers of a municipality
  under Chapter 380, Local Government Code.
         Sec. 3881.107.  STRATEGIC PARTNERSHIP AGREEMENT. The
  district may negotiate and enter into a written strategic
  partnership with the City of Houston pursuant to Section 43.0751,
  Local Government Code.
         Sec. 3881.108.  NO EMINENT DOMAIN. The district may not
  exercise the power of eminent domain.
         Sec. 3881.109.  ANNEXATION OR EXCLUSION OF LAND. (a) The
  district may annex 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.
  [Sections 3881.110-3881.150 reserved for expansion]
  SUBCHAPTER D. PUBLIC PARKING FACILITIES
         Sec. 3881.151.  PARKING FACILITIES AUTHORIZED; OPERATION BY
  PRIVATE ENTITY; TAX EXEMPTION. (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:
               (1)  lots, garages, parking terminals, or other
  structures or accommodations for parking motor vehicles off the
  streets; and
               (2)  equipment, entrances, exits, fencing, and other
  accessories necessary for safety and convenience in parking
  vehicles.
         (b)  A parking facility of the district may be leased to or
  operated on behalf of the district by an entity other than the
  district.
         (c)  The district's parking facilities are a program
  authorized by the legislature under Section 52-a, Article III,
  Texas Constitution.
         (d)  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.
         (e)  The district's public parking facilities and any lease
  to a private entity are exempt from the payment of ad valorem taxes
  and state and local sales and use taxes.
         Sec. 3881.152.  RULES. The district may adopt rules
  governing the district's public parking facilities.
         Sec. 3881.153.  FINANCING OF PUBLIC PARKING FACILITIES. (a)
  The district may use any of its resources, including revenue,
  assessments, taxes, or grant or contract proceeds, to pay the cost
  of acquiring or operating public parking facilities.
         (b)  The district may:
               (1)  set, charge, impose, and collect fees, charges, or
  tolls for the use of the district's public parking facilities; and
               (2)  issue bonds or notes to finance the cost of the
  district's public parking facilities.
  [Sections 3881.154-3881.200 reserved for expansion]
  SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
         Sec. 3881.201.  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 the district's money.
         Sec. 3881.202.  MONEY USED FOR IMPROVEMENTS OR SERVICES.
  The district may acquire, construct, finance, operate, or maintain
  any improvement or service authorized under this chapter or Chapter
  375, Local Government Code, using any money available to the
  district.
         Sec. 3881.203.  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 Harris County.
         Sec. 3881.204.  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 mailing notice.
         Sec. 3881.205.  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. 3881.206.  UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
  ASSESSMENTS. The district may not impose an impact fee or
  assessment on the property, including the equipment,
  rights-of-way, facilities, or improvements, of:
               (1)  an electric utility or a power generation company
  as defined by Section 31.002, Utilities Code;
               (2)  a gas utility as defined by Section 101.003 or
  121.001, Utilities Code;
               (3)  a telecommunications provider as defined by
  Section 51.002, Utilities Code; or
               (4)  a person who provides to the public cable
  television or advanced telecommunications services.
         Sec. 3881.207.  RESIDENTIAL PROPERTY. Section 375.161,
  Local Government Code, does not apply to:
               (1)  a tax imposed by the district; or
               (2)  any payment required by the district for a service
  provided by the district, including water and sewer services.
         Sec. 3881.208.  OPERATION AND MAINTENANCE TAX. (a) If
  authorized at an election held in accordance with Section 3881.212,
  the district may impose an annual operation and maintenance tax on
  taxable property in the district in accordance with 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 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. 3881.209.  CONTRACT TAXES. (a) In accordance with
  Section 49.108, Water Code, the district may impose a tax other than
  an operation and maintenance tax and use the revenue derived from
  the tax to make payments under a contract after the provisions of
  the contract have been approved by a majority of the district voters
  voting at an election held for that purpose.
         (b)  A contract approved by the district voters may contain a
  provision stating that the contract may be modified or amended by
  the board without further voter approval.
         Sec. 3881.210.  AUTHORITY TO BORROW MONEY AND TO ISSUE
  BONDS. (a) The district may borrow money on terms and conditions
  as determined by the board. Section 375.205, Local Government
  Code, does not apply to a loan, line of credit, or other borrowing
  from a bank or financial institution secured by revenue other than
  ad valorem taxes.
         (b)  The district may issue bonds, notes, or other
  obligations payable wholly or partly from ad valorem taxes, sales
  and use 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, and other obligations set forth in Section 49.4645,
  Water Code, does not apply to the district.
         Sec. 3881.211.  TAXES FOR BONDS. 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,
  while all or part of the bonds are outstanding as required and in
  the manner provided by Sections 54.601 and 54.602, Water Code.
         Sec. 3881.212.  ELECTIONS REGARDING TAXES AND BONDS. (a)  
  The district may issue, without an election, bonds, notes, and
  other obligations secured by:
               (1)  revenue other than ad valorem taxes; or
               (2)  contract payments described by Section 3881.209.
         (b)  The district must hold an election in the manner
  provided by Subchapter L, Chapter 375, Local Government Code, to
  obtain voter approval before the district may impose an ad valorem
  tax or sales and use tax or issue bonds payable from ad valorem
  taxes.
         (c)  Section 375.243, Local Government Code, does not apply
  to the district.
         (d)  All or any part of any facilities or improvements which
  may be acquired by a district by the issuance of its bonds may be
  included in one single proposition to be voted on at the election or
  the bonds may be submitted in several propositions.
         Sec. 3881.213.  COMPETITIVE BIDDING. Subchapter I, Chapter
  49, Water Code, applies to the district. Subchapter K, Chapter 375,
  Local Government Code, does not apply to the district.
         Sec. 3881.214.  TAX AND ASSESSMENT ABATEMENTS. The district
  may grant in the manner authorized by Chapter 312, Tax Code, an
  abatement for a tax or assessment owed to the district.
  [Sections 3881.215-3881.250 reserved for expansion]
  SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED
  PROPERTY
         Sec. 3881.251.  AUTHORITY TO ESTABLISH DEFINED AREAS OR
  DESIGNATED PROPERTY. The district may define areas or designate
  certain property of the district to pay for improvements,
  facilities, or services that primarily benefit that area or
  property and do not generally and directly benefit the district as a
  whole.
         Sec. 3881.252.  PROCEDURE FOR ELECTION. (a) Before the
  district may impose an ad valorem tax or issue bonds payable from ad
  valorem taxes of the area defined or property designated under
  Section 3881.251, the board must call and hold an election as
  provided by Section 3881.212 only in the defined area or in the
  boundaries of the designated property.
         (b)  The board may submit the proposition to the voters on
  the same ballot to be used in another election.
         Sec. 3881.253.  DECLARING RESULT AND ISSUING ORDER. (a) If
  a majority of the voters voting at the election approve the
  proposition or propositions, the board shall declare the results
  and by order shall establish the defined area and describe it by
  metes and bounds or designate the specific property.
         (b)  A court may not review the board's order except on the
  ground of fraud, palpable error, or arbitrary and confiscatory
  abuse of discretion.
         Sec. 3881.254.  TAXES FOR SERVICES, IMPROVEMENTS, AND
  FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
  approval and adoption of the order described in Section 3881.253,
  the district may apply separately, differently, equitably, and
  specifically its taxing power and lien authority to the defined
  area or designated property to provide money to construct,
  administer, maintain, and operate services, improvements, and
  facilities that primarily benefit the defined area or designated
  property.
         Sec. 3881.255.  ISSUANCE OF BONDS AND IMPOSITION OF TAXES
  FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under
  Section 3881.253 is adopted, the district may issue bonds to
  provide for any land, improvements, facilities, plants, equipment,
  and appliances for the defined area or designated property.
  [Sections 3881.256-3881.300 reserved for expansion]
  SUBCHAPTER G. MUNICIPAL ANNEXATION AND DISSOLUTION
         Sec. 3881.301.  MUNICIPAL ANNEXATION; DISSOLUTION. (a) The
  district is a "water or sewer district" under Section 43.071, Local
  Government Code.
         (b)  Section 43.075, Local Government Code, applies to the
  district.
         (c)  Section 375.264, Local Government Code, does not apply
  to the dissolution of the district by a municipality.
         SECTION 2.  Harris County Improvement District No. 13
  initially includes all territory contained in the following area:
         BEING 705.36 acres of land lying wholly within Harris County,
  Texas consisting of TRACT "1": A 400.03 acre tract situated in the
  Jno. W. Baker Survey, A-116 and the Moses Merritt Survey, A-579,
  TRACT "2": A 305.33 acre tract situated in the Moses Merritt Survey,
  A-579 and the J. W. Moody Survey, A-547 and more particularly
  described as follows:
         TRACT "1"
         BEING a 400.03 acre tract situated in the Jno. W. Baker
  Survey, A-116 and the Moses Merritt Survey, A-579, Harris County,
  Texas and being part of that certain called 891.99 acre tract
  described and recorded under Harris County Clerk's File Number
  (H.C.C.F. No.) 20070535841, said 400.03 acre being more
  particularly described by metes and bounds as follows:
         BEGINNING at a 5/8-inch iron rod found for the northwest
  corner of a called 21.148 acre tract described and recorded under
  H.C.C.F. No. M488539 and being in the southern right-of-way line of
  the Union Pacific Railroad Company railroad right-of-way (100' wide
  at this point) as recorded in Volume 964, Page 88 of the Harris
  County Deed Records (H.C.D.R.);
         THENCE, along the western lines of said 21.148 acre tract and
  the eastern lines of the said 891.99 acre tract the following five
  (5) courses:
               S 21°51'31" W, a distance of 100.00 feet to a disturbed
  5/8-inch iron rod found for the point of curvature of a curve to the
  left;
               In a southeasterly direction, 498.97 feet along the arc
  of said curve to the left having a radius of 610.00 feet, a central
  angle of 46°52'00" and whose chord bears S 01°34'29" E, 485.17 feet
  to a 5/8-inch iron rod found for the point of tangency of said
  curve;
               S 25°00'29" E, a distance of 437.99 feet to a 5/8-inch
  iron rod found for the point of curvature of a curve to the right;
               In a southeasterly direction, 153.69 feet along the arc
  of said curve to the right having a radius of 390.00 feet, a central
  angle of 22°34'45" and whose chord bears S 13°43'07" E, 152.70 feet
  to a 5/8-inch iron rod with cap stamped "BROWN & GAY" set for the
  point of tangency of said curve;
               S 02°25'44" E, a distance of 2406.07 feet to a 5/8-inch
  iron rod with cap stamped "BROWN & GAY set for the southeast corner
  of the herein described tract, the beginning of a non-tangent curve
  to the left;
         THENCE the following eight (8) courses and distances over and
  across said called 891.99 acre tract:
               In a Westerly direction, along a curve to the left, a
  distance of 853.40 feet, having a radius of 1950.00 feet, a central
  angle of 25°04'30" and a chord which bears N 77°57'39" W, 846.60 feet
  to a 5/8-inch iron rod with cap stamped "BROWN & GAY set for the
  point of tangency;
               S 89°30'06" W, a distance of 100.00 feet to a 5/8-inch
  iron rod with cap stamped "BROWN & GAY set for the beginning of a
  tangent curve to the right;
               In a Northwesterly direction, along said curve to the
  right, a distance of 2441.52 feet, having a radius of 2050.00 feet,
  a central angle of 68°14'18" and a chord which bears N 56°22'45" W,
  2299.76 feet to a 5/8-inch iron rod with cap stamped "BROWN & GAY
  set for the point of tangency;
               N 22°15'36" W, a distance of 873.59 feet to a 5/8-inch
  iron rod with cap stamped "BROWN & GAY set for the beginning of a
  tangent curve to the left;
               In a Northwesterly direction, along said curve to the
  left, a distance of 2468.33 feet, having a radius of 1950.00 feet, a
  central angle of 72°31'32" and a chord which bears N 58°31'22" W,
  2306.81 feet to a 5/8-inch iron rod with cap stamped "BROWN & GAY
  set for the point of tangency;
               S 85°12'52" W, a distance of 100.00 feet to a 5/8-inch
  iron rod with cap stamped "BROWN & GAY set for the beginning of a
  tangent curve to the right;
               In a Westerly direction, along said curve to the right,
  a distance of 941.65 feet, having a radius of 2050.00 feet, a
  central angle of 26°19'06" and a chord which bears N 81°37'35" W,
  933.39 feet to a 5/8-inch iron rod with cap stamped "BROWN & GAY set
  for the point of tangency;
               N 68°28'02" W, a distance of 399.82 feet to a 5/8-inch
  iron rod with cap stamped "BROWN & GAY set for corner in the east
  line of a called 2,523.670 acre tract described and recorded under
  H.C.C.F. No. U036618;
         THENCE, N 02°08'21" W, a distance of 2274.31 feet along the
  east line of said 2,523.670 acre tract to a 5/8-inch iron rod with
  cap stamped "BROWN & GAY" set for the northwest corner of the herein
  described tract and being in the southern right-of-way line of the
  said Union Pacific Railroad Company railroad right-of-way (150'
  wide at this point);
         THENCE, along the said southern right-of-way line the
  following three (3) courses:
               S 68°08'29" E, a distance of 1,452.09 feet to a 5/8-inch
  iron rod with cap stamped "BROWN & GAY" set for an angle point;
               N 02°45'38" W, a distance of 55.00 feet to a 5/8-inch
  iron rod with cap stamped "BROWN & GAY" set for an angle point from
  which a found disturbed 5/8-inch iron rod bears S 75°35' W, 0.64
  feet;
               S 68°08'29" E, a distance of 692.19 feet to a 5/8-inch
  iron rod with cap stamped "BROWN & GAY" set for the northwest corner
  of a called 3.220 acre tract described and recorded under D592435;
         THENCE, along the lines common to said 3.220 acre tract and
  the herein described tract the following three (3) courses:
               S 16°08'53" W, a distance of 854.18 feet to a 5/8-inch
  iron rod with cap stamped "BROWN & GAY" set for the southwest corner
  of said 3.220 acre tract;
               S 68°08'29" E, a distance of 80.00 feet to a 5/8-inch
  iron rod with cap stamped "BROWN & GAY" set for the southeast corner
  of said 3.220 acre tract;
               N 27°34'09" E, a distance of 854.18 feet to a 5/8-inch
  iron rod with cap stamped "BROWN & GAY" set for the northeast corner
  of said 3.220 acre tract;
         THENCE, S 68°08'29" E, a distance of 4,420.07 feet along the
  said southern railroad right-of-way line to the POINT OF BEGINNING
  and containing 400.03 acres of land.
         TRACT "2"
         BEING a 305.33 acre tract of land in the Moses Merrit Survey,
  A-579 and the J. W. Moody Survey, A-547, Harris County, Texas, being
  part of that certain called 435.44 acre tract described and
  recorded under Harris County Clerk's File Number (H.C.C.F. No.)
  20070535841, said 305.33 acre tract being more particularly
  described by metes and bounds as follows:
         BEGINNING at a 5/8-inch iron rod found for the northeast
  corner of a called 21.148 acre tract described and recorded under
  H.C.C.F. No. M488539 and being in the southern right-of-way line of
  the Union Pacific Railroad Company railroad right-of-way (100' wide
  at this point) as recorded in Volume 964, Page 88 of the Harris
  County Deed Records (H.C.D.R.), having coordinates of X:
  3,004,753.52, Y: 13,921,042.73;
         THENCE, along the said southern right-of-way line the
  following five (5) courses:
               S 68°08'29" E, a distance of 3,677.36 feet to a 5/8-inch
  iron rod found for an angle point;
               S 20°12'43" W, a distance of 140.80 feet to a 5/8-inch
  iron rod with cap stamped "BROWN & GAY" set for an angle point;
               S 69°52'17" E, a distance of 390.35 feet to a 5/8-inch
  iron rod with cap stamped "BROWN & GAY" set for an angle point;
               N 17°21'43" E, a distance of 129.36 feet to a 5/8-inch
  iron rod with cap stamped "BROWN & GAY" set for an angle point from
  which a found 5/8-inch iron rod bears S 31°05' W, 0.33 feet;
               S 68°08'29" E, a distance of 226.09 feet to a 5/8-inch
  iron rod with cap stamped "BROWN & GAY" set for the northeast corner
  of the herein described tract and the northwest corner of a called
  237.257 acre tract described and recorded under H.C.C.F. No.
  W483191 from which a found 5/8-inch iron rod bears S 29°12' W, 0.47
  feet;
         THENCE, S 01°44'44" E, a distance of 2704.45 feet to a
  5/8-inch iron rod with cap stamped "BROWN & GAY set for the most
  easterly southeast corner of the herein described tract;
         THENCE the following six (6) courses and distances over and
  across said called 435.44 acre tract:
               S 88°15'16" W, a distance of 75.72 feet to a 5/8-inch
  iron rod with cap stamped "BROWN & GAY set for the beginning of a
  tangent curve to the left;
               In a Westerly direction, along said curve to the left, a
  distance of 531.50 feet, having a radius of 1950.00 feet, a central
  angle of 15°37'00" and a chord which bears S 80°26'46" W, 529.85 feet
  to a 5/8-inch iron rod with cap stamped "BROWN & GAY set for the
  point of tangency;
               S 72°38'16" W, a distance of 565.96 feet to a 5/8-inch
  iron rod with cap stamped "BROWN & GAY set for the beginning of a
  tangent curve to the right;
               In a Westerly direction, along said curve to the right,
  a distance of 2329.05 feet, having a radius of 2050.00 feet, a
  central angle of 65°05'42" and a chord which bears N 74°48'53" W,
  2205.79 feet to a 5/8-inch iron rod with cap stamped "BROWN & GAY
  set for the point of tangency;
               N 42°16'02" W, a distance of 100.00 feet to a 5/8-inch
  iron rod with cap stamped "BROWN & GAY set for the beginning of a
  tangent curve to the left;
               In a Northwesterly direction, along said curve to the
  left, a distance of 531.87 feet, having a radius of 1950.00 feet, a
  central angle of 15°37'39" and a chord which bears N 50°04'52" W,
  530.22 feet to a 5/8-inch iron rod with cap stamped "BROWN & GAY set
  for corner;
         THENCE, along the eastern lines of said 21.148 acre tract and
  the western lines of the herein described tract the following five
  (5) courses:
               N 02°25'44" W, a distance of 2537.06 feet to a 5/8-inch
  iron rod with cap stamped "BROWN & GAY set for the point of
  curvature of a curve to the left;
               In a northwesterly direction, 121.77 feet along the arc
  of said curve to the left having a radius of 610.00 feet, a central
  angle of 22°34'45" and whose chord bears N 13°43'07" W, 238.84 feet
  to a disturbed 5/8-inch iron rod found for the point of tangency of
  said curve;
               N 25°00'29" W, a distance of 437.99 feet to a 5/8-inch
  iron rod found for the point of curvature of a curve to the right;
               In a northwesterly direction, 319.01 feet along the arc
  of said curve to the right having a radius of 390.00 feet, a central
  angle of 46°52'00" and whose chord bears N 01°34'29" W, 310.19 feet
  to a 5/8-inch iron rod found for the point of tangency of said
  curve;
               N 21°51'31" E, a distance of 100.00 feet to the POINT OF
  BEGINNING and containing 305.33 acres 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)  The general law relating to consent by political
  subdivisions to the creation of districts with conservation,
  reclamation, and road powers and the inclusion of land in those
  districts has been complied with.
         (e)  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, 2009.