85(R) HB 4343 - Introduced version

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	85R18179 SMT-F

	By: Oliverson	H.B. No. 4343

A BILL TO BE ENTITLED

AN ACT

relating to the creation of Harris County Improvement District No.

26; 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 3800 to read as follows:

CHAPTER 3800. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 26

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 3800.001. 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. 26.

Sec. 3800.002. CREATION AND NATURE OF DISTRICT. The

district is a special district created under Section 59, Article

XVI, Texas Constitution.

Sec. 3800.003. 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, the

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.

interpreted to relieve the city or the 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 city or county services

provided in the district.

Sec. 3800.004. 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.

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, 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. 3800.005. 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 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. 3800.006. 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;

(3) an enterprise zone created under Chapter 2303,

Government Code;

(4) an industrial district created under Chapter 42,

Local Government Code; or

(5) a public improvement district created under

Chapter 372, Local Government Code.

Sec. 3800.007. APPLICABILITY OF MUNICIPAL MANAGEMENT

DISTRICTS LAW. Except as otherwise provided by this chapter,

Chapter 375, Local Government Code, applies to the district.

Sec. 3800.008. 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. 3800.051. 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 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. 3800.052. APPOINTMENT OF VOTING DIRECTORS. The Texas

Commission on Environmental Quality shall appoint voting directors

from persons recommended by the board.

Sec. 3800.053. NONVOTING DIRECTORS. The board may appoint

nonvoting directors to serve at the pleasure of the voting

directors.

Sec. 3800.054. 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. 3800.055. 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. 3800.056. INITIAL VOTING DIRECTORS. (a) The initial

board consists of:

Pos. No.

Name of Director:

____________________

(b) Of the initial directors, the terms of directors

appointed for positions one through three expire June 1, 2019, and

the terms of directors appointed for positions four and five expire

June 1, 2021.

(d) This section expires September 1, 2021.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 3800.101. GENERAL POWERS AND DUTIES. The district has

the powers and duties necessary to accomplish the purposes for

which the district is created.

Sec. 3800.102. IMPROVEMENT PROJECTS AND SERVICES. The

district may provide, design, construct, acquire, improve,

relocate, operate, maintain, or finance an improvement project or

service using any 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. 3800.103. 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. 3800.104. 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.

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. 3800.105. 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. 3800.106. 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. 3800.107. 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. 3800.108. 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.

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. 3800.109. 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.

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. 3800.110. 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.

Sec. 3800.111. PUBLIC IMPROVEMENT DISTRICT POWERS. The

district has the powers provided by Chapter 372, Local Government

Code, to a municipality or county.

Sec. 3800.112. ROAD UTILITY DISTRICT POWERS. The district

has the powers provided by the general laws relating to road utility

districts created under Section 52(b), Article III, Texas

Constitution, including Chapter 441, Transportation Code.

Sec. 3800.113. CONDUIT FACILITIES. (a) The district may

finance, acquire, construct, improve, operate, maintain, or charge

a fee for the use of district conduits for:

(1) fiber-optic cable and supporting facilities;

(2) electronic transmission lines and supporting

facilities; or

(3) other types of transmission lines and supporting

facilities.

(b) The district may not require a person to use a district

conduit.

Sec. 3800.114. STRATEGIC PARTNERSHIP AGREEMENT. The

district may negotiate and enter into a written strategic

partnership agreement under Section 43.0751, Local Government

Code, with a municipality in whose extraterritorial jurisdiction

the district is located.

Sec. 3800.115. NO EMINENT DOMAIN POWER. The district may

not exercise the power of eminent domain.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS

Sec. 3800.151. 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. 3800.152. 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. 3800.153. PETITION REQUIRED FOR FINANCING SERVICES AND

IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a

service or improvement project with assessments under this chapter

unless a written petition requesting that service or improvement

has been filed with the board.

(b) A petition filed under Subsection (a) must be signed by

the owners of a majority of the assessed value of real property in

the district subject to assessment according to the most recent

certified tax appraisal roll for the county.

Sec. 3800.154. METHOD OF NOTICE FOR HEARING. The district

may mail the notice required by Section 375.115(c), Local

Government Code, by certified or first class United States mail.

The board shall determine the method of notice.

Sec. 3800.155. 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 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.

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. 3800.156. RESIDENTIAL PROPERTY NOT EXEMPT. Section

375.161, Local Government Code, does not apply to the district.

Sec. 3800.157. COMPETITIVE BIDDING. Subchapter I, Chapter

49, Water Code, applies to the district. Sections 375.221 and

375.223, Local Government Code, do not apply to the district.

Sec. 3800.158. TAX AND ASSESSMENT ABATEMENTS. The district

may designate reinvestment zones and may grant abatements of a tax

or assessment on property in the zones in the manner provided by

Chapter 312, Tax Code.

SUBCHAPTER E. TAXES AND BONDS

Sec. 3800.201. 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 3800.203.

(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 issue bonds payable from ad valorem taxes.

to the district.

(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. 3800.202. OPERATION AND MAINTENANCE TAX. (a) If

authorized by a majority of the district voters voting at an

election held in accordance with Section 3800.201, the district may

impose an 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.

district.

Sec. 3800.203. 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. 3800.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS

AND OTHER OBLIGATIONS. (a) The district may borrow money on terms

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,

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.

bonds, notes, and other obligations provided by Section 49.4645,

Water Code, does not apply to the district.

Sec. 3800.205. 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,

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.

SUBCHAPTER F. DEFINED AREAS

Sec. 3800.251. 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. 3800.252. PROCEDURE FOR ELECTION. (a) Before the

district may impose an ad valorem tax or issue bonds payable from ad

valorem taxes of the defined area or designated property, the board

shall hold an election in the defined area or in the designated

property only.

(b) The board may submit the proposition to the voters on

the same ballot to be used in another election.

Sec. 3800.253. 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. 3800.254. TAXES FOR SERVICES, IMPROVEMENTS, AND

FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter

approval and adoption of the order described by Section 3800.253,

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. 3800.255. ISSUANCE OF BONDS FOR DEFINED AREA OR

DESIGNATED PROPERTY. After the order under Section 3800.253 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.

SUBCHAPTER G. SALES AND USE TAX

Sec. 3800.301. MEANINGS OF WORDS AND PHRASES. A word or

phrase used in this subchapter that is defined by Chapters 151 and

321, Tax Code, has the meaning assigned by Chapters 151 and 321, Tax

Code.

Sec. 3800.302. APPLICABILITY OF CERTAIN TAX CODE

PROVISIONS. (a) Except as otherwise provided by this subchapter,

Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code,

apply to taxes imposed under this subchapter and to the

administration and enforcement of those taxes in the same manner

that those laws apply to state taxes.

(b) Chapter 321, Tax Code, relating to municipal sales and

use taxes, applies to the application, collection, change, and

administration of a sales and use tax imposed under this subchapter

to the extent consistent with this chapter, as if references in

Chapter 321, Tax Code, to a municipality referred to the district

and references to a governing body referred to the board.

321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not

apply to a tax imposed under this subchapter.

Sec. 3800.303. AUTHORIZATION; ELECTION. (a) The district

may adopt a sales and use tax to serve the purposes of the district

after an election in which a majority of the voters of the district

voting in the election authorize the adoption of the tax.

(b) The board by order may call an election to authorize a

sales and use tax. The election may be held with any other district

election.

shall hold the election in the manner prescribed by Section

3800.201.

(d) The ballots shall be printed to provide for voting for

or against the proposition: "Authorization of a sales and use tax

in the Harris County Improvement District No. 26 at a rate not to

exceed ___ percent."

Sec. 3800.304. ABOLISHING SALES AND USE TAX. (a) Except as

provided by Subsection (b), the board may abolish the sales and use

tax without an election.

(b) The board may not abolish the sales and use tax if the

district has outstanding debt secured by the tax.

Sec. 3800.305. SALES AND USE TAX RATE. (a) On adoption of

the tax authorized by this subchapter, a tax is imposed on the

receipts from the sale at retail of taxable items in the district

and an excise tax is imposed on the use, storage, or other

consumption in the district of taxable items purchased, leased, or

rented from a retailer in the district during the period that the

tax is in effect.

(b) The board shall determine the rate of the tax, which may

be in one-eighth of one percent increments not to exceed the maximum

rate authorized by the district voters at the election. The board

may lower the tax rate to the extent the rate does not impair any

outstanding debt or obligations payable from the tax.

sales tax portion of the tax and is applied to the sales price of the

taxable item.

SUBCHAPTER H. HOTEL OCCUPANCY TAXES

Sec. 3800.351. HOTEL OCCUPANCY TAX. (a) In this section,

"hotel" has the meaning assigned by Section 156.001, Tax Code.

(b) For purposes of this section, a reference in Chapter

351, Tax Code, to a municipality is a reference to the district and

a reference in Chapter 351, Tax Code, to the municipality's

officers or governing body is a reference to the board.

Chapter 351, Tax Code, governs a hotel occupancy tax authorized by

this section.

(d) The district may impose a hotel occupancy tax and use

the revenue from the tax for any district purpose that is an

authorized use of hotel occupancy tax revenue under Chapter 351,

Tax Code.

(e) The board by order may impose, repeal, increase, or

decrease the rate of a tax on a person who, under a lease,

concession, permit, right of access, license, contract, or

agreement, pays for the use or possession or for the right to the

use or possession of a room that:

(1) is in a hotel located in the district's boundaries;

(2) costs $2 or more each day; and

(3) is ordinarily used for sleeping.

(f) The amount of the tax may not exceed seven percent of the

price paid for a room in a hotel.

(g) The district may examine and receive information

related to the imposition of hotel occupancy taxes to the same

extent as if the district were a municipality.

SUBCHAPTER I. MUNICIPAL ANNEXATION AND DISSOLUTION

Sec. 3800.401. 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.

to the dissolution of the district by a municipality.

SECTION 2. Harris County Improvement District No. 26

initially includes all territory contained in the following area:

LEGAL LAND DESCRIPTION

BEING a 110.7721 acre tract of land in the Manuel Tejerino Survey,

A-373, Harris County, TX, said 110.7721 acre tract being all of that

called 113.667 acre tract in aforementioned survey conveyed by

Mathilde Hillegeist to Earl Hillegeist and Roy Hillegeist by Deed

dated December 18, 1968 and recorded in Volume 7452, Page 384, Deed

Records, Harris County, TX, less a 1. 3241 acre tract as fenced and

used on the ground and called a 1.0 acre tract in Corrected Deed

from Earl Hillegeist to Roy E. Hillegeist and wife Arleah L.

Hillegeist by Deed dated November 15, 1976 and recorded under

Harris county Clerk's, File No. E-990506, Real Property Records,

Harris County, TX, said 110.7721 acre tract being more particularly

described by metes and bounds as follows:

BEING a 110.721 acre tract of land in the Manuel Tejerino Survey,

A-373, Harris County, TX, said 110.7721 acre tract being all of that

called 113.667 acre tract in aforementioned survey conveyed by

Mathilde Hillegeist to Earl Hi1legeist and Roy Hillegeist by Deed

dated December 18, 1968 and recorded in Volume 7452, Page 384, Deed

Records; Harris County. TX, less a 1.321 acre tract as fenced and

used on the ground and called a 1.0 acre tract in Corrected Deed

from Earl Hillegeist to Roy E. Hillegest and wife Arleah L.

Hillegeist by Deed dated November 15, 1976 and recorded under

Harris County Clerk's File No. E-990506, Real Property Records,

Harris County, TX, said 110.721 acre tract being more particularly

described by metes and bounds as follows: 1

BEGINNING at a 1/2" steel rod (set) at the intersection of the West

right-of-way line of Telge Road (60.00 ft. ROW) and the Northerly

survey line of the Manuel Tejerino Survey, A-373, being also the

Southerly survey line of the William Hurd Survey, A-377, all in

Harris County, TX, marking the Southeast corner of a 355.7 acre

tract in said William Hurd Survey, A-377, Harris County, TX,

conveyed to Martens Land & Cattle Company and recorded under Harris

County Clerk's File No. E-055630, Real Property Records, Harris

County, TX, for the Northeast corner of the tract herein described;

THENCE South 01 deg 45 min 16 sec East - 455.59 feet (South, Vol.

7452, Pg. 384, DR/HCT) along the West right-of-way line of said

Telge Road (60.00 foot ROW) to a 1/2" steel rod (set) marking the

Northeast corner of said Roy E. Hillegeist, et ux 1.3241 acre tract;

THENCE along the Northerly'; Westerly and Southerly boundary lines

of said Roy E. Hillegeist., et ux 1.3241 acre tract the following

six (6) courses and distances:

1. North 89 deg 49 min 38 sec West - 244.11 feet to a 1/2" steel rod

(set);

2. South 25 deg 01 min 53 sec East - 134.94 feet to a 1/2" steel rod

(set);

3. South 00 deg 51 min 31 sec West - 43.17 feet to a 1/2" steel rod

(set);

4. North 87 deg 37 min 53 sec West 95.64 feet to a 1/2" steel rod

(set);

5. South 02 deg 07 min 24 sec West - 78.85 feet to a 1/2" steel rod

(set);

6. South 88 deg 44 min 21 sec East - 293.74 feet to a 1/2" steel rod

(set) in the West right-of-way line of said Telge Road (60.00 foot

ROW) being also the East boundary line of said Earl Hillegeist and

Roy Hillegeist called 133.667 acre tract, marking the Southeast

corner of said Roy E. Hillegeist, et ux 1.3241 acre tract, for a

corner of the tract herein described;

THENCE South 01 deg 45 min 16 sec East - 712.85 feet (South, Vol.

7452, Pg. 384, DR/HCT) along the West right-of- way line of said

Telge Road (60.00 foot ROW) to an axle (fd) at a corner fence post

marking the Northeast corner of a 100 acre tract in said Manuel

Tejerino Survey, A-373, Harris County, TX, conveyed to C. L.

Coleman and wife Dora Coleman and recorded in Volume 2372, Page 362,

Deed Records, Harris County, TX, for the Southeast corner of the

tract herein described;

THENCE South 87 deg 55 min 12 sec West - 3350.08 feet (West 3358 ft.

Vol. 7452, Pg. 384, DR/HCT; West, 3358 ft. Vol. 2372, Pg. 362,

DR/HCT) along the Northerly boundary line of said C. L. Coleman, et

ux 100 acre tract, being also the Southerly boundary line of said

Earl Hillegeist and Roy Hillegeist called 133.667 acre tract to a

1-1/2" iron pipe (fd) at a corner fence post marking the Northwest

corner of said C. L, Coleman, et ux 100 acre tract and the Southeast

corner of a 65 acre tract in said Manuel Tejerino Survey, A-373 ,

Harris County. TX, conveyed to Theodore Matlage and recorded in

Volume 386, Page 443, Deed Records, Harris County, TX, for the

Southwest corner of the tract herein described;

THENCE North 04 deg 42 min 33 sec West - 1470.13 feet (North 03 deg

West, 1505 ft. Vol. 7452, Pg. 384; North 03 deg West, 1505 ft. Vol.

386, Pg. 443, DR/HCT) along an old fence line to a 2-1/2" iron-pipe

(fd) in the common survey line between said Manuel Tejerino Survey,

A-373 and said William Hurd Survey, A-377, all in Harris County, TX,

being also in the South boundary line of a 49.2865 acre tract in

said William Hurd Survey. A-377, Harris County, TX, conveyed to

Arthur Krahn and wife Mable Krahn and recorded under Harris County

Clerk's File No. E-687409, Real Property Records, Harris County,

TX, marking the Northeast corner of said Theodore Matlage 65 acre

tract, being also the Northwest corner of said Earl Hillegeist and

Roy Hillegeist called 133.667 acre tract, for the Northwest corner

of the tract herein descried;

THENCE North 88 deg 49 min 27 sec East, along an old fence line,

being the common survey line between said Manuel Tejerino Survey,

A-373 and said William Hurd Survey, A-377, all in Harris County. TX.

passing a buggy ax le (fd) at 434.69 feet (South 89 deg 58 min 22 sec

East, 435.00 ft. Harris County Clerk's File No. E-687409, RPR/HCT)

marking the Southeast corner of said Arthur Krahn, et ux 49.2865 5

acre tract and the Southwest corner of said Martens Land & Cattle

Company 355.7 acre tract, in all 3425.98 feet (South 88 deg 30 min

East, 3438 ft. Vol. 7452, Pg. 384, DR/HCT) to the POINT OF BEGINNING

and containing 110.721 acres of land.

Magnetic Declination: 05 deg 00 min East.

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.

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, 2017.