This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

 
 
  S.B. No. 1864
 
 
 
 
AN ACT
  relating to the creation of Fulshear Parkway Improvement 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 3921 to read as follows:
  CHAPTER 3921.  FULSHEAR PARKWAY IMPROVEMENT DISTRICT
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 3921.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a board member.
               (3)  "District" means the Fulshear Parkway Improvement
  District.
         Sec. 3921.002.  NATURE OF DISTRICT. The Fulshear Parkway
  Improvement District is a special district created under Section
  59, Article XVI, Texas Constitution.
         Sec. 3921.003.  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 a
  municipality, county, or other political subdivision 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 a municipality or 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 municipal or county
  services provided in the district.
         Sec. 3921.004.  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 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 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. 3921.005.  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. 3921.006.  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; or
               (4)  an industrial district created under Chapter 42,
  Local Government Code.
         Sec. 3921.007.  APPLICABILITY OF MUNICIPAL MANAGEMENT
  DISTRICTS LAW. Except as otherwise provided by this chapter,
  Chapter 375, Local Government Code, applies to the district.
         Sec. 3921.008.  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. 3921.051.  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 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 nine voting directors.
         Sec. 3921.052.  APPOINTMENT OF VOTING DIRECTORS. (a)  The
  governing body of Fort Bend County shall appoint voting directors
  from persons nominated by the board.
         (b)  The governing body of Fort Bend County may reject the
  nomination of a person by the board for a position as a voting
  director.  If the governing body rejects a nomination, the board
  shall submit a new nominee for that position until the governing
  body appoints a director to each position on the board.
         Sec. 3921.053.  NONVOTING DIRECTORS. The board may appoint
  nonvoting directors to serve at the pleasure of the voting
  directors.
         Sec. 3921.054.  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. 3921.055.  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. 3921.056.  INITIAL VOTING DIRECTORS. (a)  On or after
  the effective date of the Act creating this chapter, the owner or
  owners of a majority of the assessed value of the real property in
  the district according to the most recent certified tax appraisal
  roll for the county in which the district is located may submit a
  petition to the governing body of Fort Bend County nominating the
  five persons named in the petition as initial voting directors.
         (b)  The governing body of Fort Bend County may reject the
  nomination of a person named in the petition described by
  Subsection (a) for a position as an initial director.  If the
  governing body rejects a nomination, the owner or owners who
  submitted the petition under Subsection (a) shall submit a new
  nominee for that position until the governing body appoints an
  initial director to each position on the board.
         (c)  Of the initial directors, the terms of directors
  appointed for positions one through three expire June 1, 2015, and
  the terms of directors appointed for positions four and five expire
  June 1, 2017.
         (d)  Section 3921.052 does not apply to this section.
         (e)  This section expires September 1, 2017.
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 3921.101.  GENERAL POWERS AND DUTIES. The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 3921.102.  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. 3921.103.  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. 3921.104.  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.
         (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. 3921.105.  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. 3921.106.  LAW ENFORCEMENT SERVICES. To protect the
  public interest, the district may contract with a qualified party,
  including a municipality or county, to provide law enforcement
  services in the district for a fee.
         Sec. 3921.107.  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. 3921.108.  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.
         (c)  The district may create economic development programs
  and exercise the economic development powers provided to
  municipalities by:
               (1)  Chapter 380, Local Government Code; and
               (2)  Subchapter A, Chapter 1509, Government Code.
         Sec. 3921.109.  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.
         (c)  The district's parking facilities are parts of and
  necessary components of a street and are considered to be a street
  or road improvement.
         (d)  The development and operation of the district's parking
  facilities may be considered an economic development program.
         Sec. 3921.110.  ANNEXATION OF LAND. The district may annex
  land as provided by Subchapter J, Chapter 49, Water Code.
         Sec. 3921.111.  ACCESS TO ROAD FACILITIES.  The district may
  control, restrict, and determine the type and extent of access to or
  from a road facility, including designating and approving the
  locations of access to the road facility from a street, road, alley,
  highway, or other public or private road intersecting the road
  facility.
         Sec. 3921.112.  ROAD STANDARDS AND REQUIREMENTS.  (a)  A
  road facility must meet all applicable construction standards,
  zoning and subdivision requirements, and regulations of each
  municipality in whose corporate limits or extraterritorial
  jurisdiction the road facility is located.
         (b)  If a road facility is not located in the corporate
  limits of a municipality, the road facility must meet all
  applicable construction standards, subdivision requirements, and
  regulations of each county in which the road facility is located.
         (c)  If the state will maintain and operate the road, the
  Texas Transportation Commission must approve the plans and
  specifications of the road facility.
         Sec. 3921.113.  NO EMINENT DOMAIN POWER.  The district may
  not exercise the power of eminent domain.
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
         Sec. 3921.151.  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. 3921.152.  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. 3921.153.  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 in which the
  assessments are to be imposed.
         Sec. 3921.154.  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. 3921.155.  RESIDENTIAL PROPERTY NOT EXEMPT. Section
  375.161, Local Government Code, does not apply to a tax authorized
  or approved by the district voters or a required payment for service
  provided by the district.
         Sec. 3921.156.  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. 3921.201.  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 3921.203.
         (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.
         (c)  Section 375.243, Local Government Code, does not apply
  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. 3921.202.  OPERATION AND MAINTENANCE TAX. (a)  If
  authorized by a majority of the district voters voting at an
  election held in accordance with Section 3921.201, 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.
         (c)  Section 49.107(h), Water Code, does not apply to the
  district.
         Sec. 3921.203.  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. 3921.204.  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.
         (c)  The limitation on the outstanding principal amount of
  bonds, notes, and other obligations provided by Section 49.4645,
  Water Code, does not apply to the district.
         Sec. 3921.205.  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.
         SECTION 2.  The Fulshear Parkway Improvement District
  initially includes all territory contained in the following area:
         BEING 2,781.3043 acres of land situated in the H. & T. C. R.R.
  Co. Survey Section 105, Abstract No. 416, Jesse Thompson Survey,
  Abstract No. 414, R.T. Van Slyke Survey, Abstract No. 407 of Waller
  County, Texas and the H. & T. C. R.R. Co. Survey Section 105,
  Abstract No. 261, Jesse Thompson Survey, Abstract No. 394, R.T. Van
  Slyke Survey, Abstract No. 395, J.G. Bennett Survey Abstract No.611
  (H. & T. C. R.R. Co. Survey Section 106), J.D. Vermillion Survey,
  Abstract No. 339, Micajah Autry Survey, Abstract No. 100, Rufus
  Wright Survey, Abstract No. 344, Daniel R. Perry Survey, Abstract
  No. 301, Enoch Latham Survey, Abstract No. 50, Morris & Cummings
  Survey, Abstract No. 294, J.C. McDonald Survey, Abstract No. 290,
  Randon & Pennington Survey, Abstract No. 75 and the John Foster
  Survey, Abstract No. 26 of Fort Bend County, Texas, said 2,781.3043
  acres being comprised of the following described tracts: all of a
  called 316 acre and 88 acre tract (called 404 acres) of land
  described in an instrument to R&Y Interests, Ltd., filed for record
  under Vol. 553, Page 91 of the Official Public Records of Waller
  County, Texas and under Clerk's File Number (C.F. No.) 2011051593
  of the Official Public Records of Fort Bend County, Texas
  (O.P.R.F.B.C.T.), SAVE AND EXCEPT those portions of said 88 acre
  tract of land and said 316 acre tract of land lying within the
  limits of Waller County, Texas; all of a called 200 acre tract
  described in an instrument to Silco Inc. filed for record under C.F.
  No. 2006095116, all of a called 474.671 acre tract described in an
  instrument to Silco Inc. filed for record under C.F. No. 2007009962
  O.P.R.F.B.C.T. SAVE AND EXCEPT that portion of said 474.671 acre
  tract lying within the limits of Waller County, Texas; all of a
  called 235.146 acre tract described in an instrument to Silvestri
  Investments of Florida, Inc. filed for record under C.F. No.
  2007009964 O.P.R.F.B.C.T., all of a called 12.024 acre tract
  described in an instrument to Blossom Inc. filed for record under
  C.F. No. 2007009966 O.P.R.F.B.C.T., all of a called 473.246 acre
  tract described in an instrument to Dan J. Harrison, Jr. filed for
  record under Vol. 528, Pg. 132 of the Fort Bend County Deed Records
  (F.B.C.D.R.), all of a called 579.0 acre tract, a called 2.1742
  acre tract, a called 1.500 acre tract and a called 1.166 acre tract
  described in an instrument to Ronald W. Henriksen "B" Trust filed
  for record under C.F. No. 2008132362 O.P.R.F.B.C.T., all of a
  called 189.29 acre tract (Tract 1) and a portion of a called
  1,005.19 acre tract (Tract 2) described in an instrument to Dan J.
  Harrison Jr. filed for record under Vol. 302, Pg. 126, F.B.C.D.R.,
  all of a called 48.787 acre tract and 23.675 acre tract described in
  an instrument to Dan J. Harrison filed for record under Vol. 405,
  Pg. 239, F.B.C.D.R., portion of a called 64.675 acre tract
  described in an instrument to Dan. J. Harrison Jr. filed for record
  under Vol. 422, Pg. 467, F.B.C.D.R., and all of the area of McKinnon
  Road (Old Richmond-Fulshear Road, width varies) lying South of said
  186.29 acre tract and North of said 48.787 acre tract and said
  1,005.19 acre tract, said 2,781.3043 acres being more particularly
  described in three (3) Parcels by metes and bounds as follows:
         PARCEL "A" - 1,790.6130 ACRES:
         BEGINNING at the Northwest corner of said 316 acre tract,
  same being the Northwest corner of the Jesse Thompson Survey,
  Abstract No. 414 Waller County, Texas and Abstract 394, Fort Bend
  County, Texas;
         THENCE, N 87° 51' 52" E, a distance of 5,738.88 feet (CALLED
  EAST - 2,066 varas) along and with the North line of said 316 acre
  tract and the North line of said 88 acre tract to a point for the
  Northeast corner of said 88 acre tract and being in the North line
  of said R.T. Van Slyke Survey, Abstract No. 407 (Waller) Abstract
  No. 395 (Fort Bend);
         THENCE, S 02° 08' 08" E, a distance of 1,450.00 feet (CALLED
  SOUTH - 522 varas) along and with the East line of said 88 acre tract
  to a point for the Southeast corner of said 88 acre tract in the
  North line of said 316 acre tract, same being in the lower North
  line of said Jesse Thompson Survey and a South line of said R.T. Van
  Slyke Survey;
         THENCE, N 87° 51' 52" E, a distance of 683.34 feet (CALLED
  EAST) along and with the North line of said 316 acre tract to a point
  for the most Easterly Northeast corner of said 316 acre tract;
         THENCE, S 02° 08' 08" E, a distance of 1,448.65 feet (CALLED
  SOUTH - 522 varas) along and with the East line of said 316 acre
  tract to a point for the Southeast corner of said 316 acre tract and
  being in the South line of said Jesse Thompson Survey and the North
  line of the said J.D. Vermillion Survey;
         THENCE, S 87° 51' 52" W, a distance of 4,533.05 feet (CALLED
  WEST) along and with the South line of said 316 acre tract to a point
  for the Northeast corner of said 235.146 acre tract;
         THENCE, S 02° 10' 37" E, a distance of 2,024.61 feet (CALLED S
  02° 10' 37" E, 2024.61 feet) along and with the East line of said
  235.146 acre tract to a point for the most Easterly Southeast corner
  of said 235.146 acre tract and being in the North line of said 200
  acre tract;
         THENCE, N 87° 53' 34" E, a distance of 894.09 feet (CALLED N
  87° 53' 34" E, 894.07 feet) along and with the North line of said 200
  acre tract to a point for the Northeast corner of said 200 acre
  tract;
         THENCE, S 01° 56' 47" E, a distance of 3,118.90 feet (CALLED S
  01° 56' 47" E, 3,119.21 feet) along and with the East line of said
  200 acre tract to a point for the Southeast corner of said 200 acre
  tract and being in the North line of a called 686.0183 acre tract
  described in an instrument to D.R. Horton-Texas, Ltd. filed for
  record under C.F. No. 2013000056 O.P.R.F.B.C.T.;
         THENCE, S 87° 51' 29" W, a distance of 2,792.12 feet (CALLED S
  87° 51' 29" W) along and with the North line of said 686.0183 acre
  tract to a point for the Northwest corner of said 686.0183 acre
  tract, same being the Southwest corner of said Silco 200 acre tract
  and also being in the East line of said 473.246 acre tract;
         THENCE, S 01° 55' 43" E, a distance of 4,920.20 feet (CALLED S
  01° 55' 43" E) along and with the West line of said 686.0183 acre
  tract and an East line of said 473.246 acre tract to a point for the
  Southwest corner of said 686.0183 acre tract and being in the North
  line of a called 631.26 acre tract of land described in an
  instrument to D.R. Horton-Texas, Ltd. filed for record under C.F.
  No. 2013000056 O.P.R.F.B.C.T.;
         THENCE, S 87° 40' 56" W, a distance of 6.43 feet (CALLED S 87°
  41' 05" W) along and with a South line of said 473.246 acre tract and
  a North line of said 631.26 acre tract to a point for the Northwest
  corner of said 631.26 acre tract, same being a reentrant corner of
  said 473.246 acre tract;
         THENCE, S 00° 59' 24" E, a distance of 527.80 feet (CALLED S
  00° 59' 15" E) along and with an East line of said 473.246 acre tract
  and a West line of said 631.26 acre tract to a point for the
  Southeast corner of said 473.246 acre tract, same being a reentrant
  corner of said 631.26 acre tract;
         THENCE, S 87° 50' 00" W, a distance of 2,634.66 feet (CALLED S
  87° 50' 09" W) along with the North line of said 631.26 acre tract
  and the South line of said 473.246 acre tract to a point for the
  Southwest corner of said 473.246 acre tract;
         THENCE, N 00° 17' 23" W, a distance of 2,905.55 feet (CALLED N
  01° 07' E, 2,899.50 feet) along and with the West line of said
  473.246 acre tract to a point for the Southeast corner of said
  474.671 acre tract;
         THENCE, N 86° 18' 38" W, a distance of 2,736.49 feet (CALLED)
  along and with the South line of said 474.671 acre tract;
         THENCE the following three (3) courses and distances along
  and with the West line of said 474.671 acre tract:
         N 01° 59' 02" W, a distance of 2,434.00 feet (CALLED) to an
  angle point;
         N 02° 07' 25" W, a distance of 3,428.59 feet (CALLED) to an
  angle point;
         N 01° 54' 20" W, a distance of 1,520.90 feet (CALLED) to a
  point for the Northwest corner of said 474.671 acre tract;
         THENCE, N 87° 37' 00" E, a distance of 2,705.78 feet (CALLED)
  along and with the North line of said 474.671 acre tract to a point
  for the Northeast corner of said 474.671 acre tract and the
  Northwest corner of said 235.146 acre tract;
         THENCE, N 87° 31' 40" E, a distance of 2,596.91 feet (CALLED N
  87° 31'40" E, 2,597.32 feet) along and with the North line of said
  235.146 acre tract to a point for the Southwest corner of said 316
  acre tract;
         THENCE, N 02° 08' 08" W, a distance of 2,900.00 feet (CALLED
  NORTH - 1,044 varas) along the West line of said 316 acre tract to
  the POINT OF BEGINNING and containing 1,790.6130 acres of land.
         PARCEL "B" - 583.8370 ACRES
         BEGINNING at the Northeast corner of a called 579.0 acre
  tract described in an instrument to Ronald W. Henriksen "B" Trust
  filed for record under C.F. No. 2008132362, same being a Northwest
  corner of a called 1,913.31 acre tract of land described in an
  instrument to CCR Texas Holdings LP filed for record under C.F. No.
  2012038964 O.P.R.F.B.C.T., same also being an angle point in the
  South line of a called 631.26 acre tract of land described in an
  instrument to D.R. Horton-Texas, Ltd. filed for record under C.F.
  No. 2013000056;
         THENCE, S 01° 50' 55" E, a distance of 2,731.43 feet (CALLED S
  01° 50' 13" E, 2,731.32 feet) along and with an East line of said
  579.0 acre tract to a point for corner;
         THENCE, N 89° 14' 57" E, a distance of 21.71 feet (CALLED N 89°
  56' 16" E, 21.74 feet) along and with a North line of said 579.0 acre
  tract to a point for corner;
         THENCE, S 01° 26' 01" E, a distance of 1,338.51 feet (CALLED S
  01° 25' 53" E, 1,338.13 feet) along and with an East line of said
  579.0 acre tract to a point for corner;
         THENCE, S 51° 53' 12" E, a distance of 223.27 feet (CALLED S
  51° 56' 45" E, 223.23 feet) along and with a Northeasterly line of
  said 579.0 acre tract to a point for corner in the Northwesterly
  line of Fulshear-Katy Road (as occupied);
         THENCE, S 37° 55' 51" W, a distance of 527.83 feet (CALLED S
  37° 56' 10" W, 527.86 feet) along and with a Southeasterly line of
  said 579.0 acre tract and the Northwesterly line of said
  Fulshear-Katy Road to a point for the most Southerly Southeast
  corner of said 579.0 acre tract;
         THENCE, S 86° 40' 52" W, a distance of 3,077.04 feet (CALLED S
  86° 41' 25" W, 3,076.67 feet) along and with the South line of said
  579.0 acre tract to a point for the most Southerly Southwest corner
  of said 579.0 acre tract and being in a West line of said Micajah
  Autry Survey and the East line of said Daniel R. Perry Survey;
         THENCE, N 01° 56' 26" W, a distance of 1,670.00 feet (CALLED N
  01° 55' 53" E, 1,669.99 feet) along and with a West line of said
  579.0 acre tract, the East line of said Daniel R. Perry Survey and a
  West line of said Micajah Autry Survey to a point for corner;
         THENCE, S 88° 09' 13" W, a distance of 853.23 feet (CALLED S
  88° 09' 46" W, 853.60 feet) along and with a South line of said 579.0
  acre tract to a point for corner;
         THENCE, N 02° 27' 24" W, a distance of 156.95 feet (CALLED N
  02° 26' 51" W, 156.95 feet) along and with a West line of said 579.0
  acre tract to a point for corner in a South line of said 579.0 acre
  tract, same being the most Easterly Southeast corner of said Rufus
  Wright Survey, same also being in a West line of said Micajah Autry
  Survey and the North line of said Daniel R. Perry Survey;
         THENCE, S 87° 29' 44" W, a distance of 2,541.06 feet (CALLED S
  87° 30' 17" W, 2,541.06) along and with a South line of said 579.0
  acre tract, the North line of said Daniel R. Perry Survey and a
  South line of said Rufus Wright Survey to an angle point being the
  Southeast corner of said 1.166 acre tract and the most Westerly
  Southwest corner of said 579.0 acre tract;
         THENCE, S 87° 30' 17" W, a distance of 540.98 feet (CALLED S
  89° 09' 06" W) along and with the South line of said 1.166 acre tract
  to a point for corner being the Northeast corner of said 2.1742 acre
  tract;
         THENCE, S 00° 22' 22" E, a distance of 465.81 feet (CALLED S
  01° 11' 24" W, 465.79 feet) along and with the East line of said
  2.1742 acre tract and the East line of said 1.500 acre tract to a
  point for the Southeast corner of said 1.500 acre tract;
         THENCE, S 88° 28' 05" W, a distance of 358.18 feet (CALLED N
  89° 58 09" W, 358.18 feet) along and with the South line of said
  1.500 acre tract to a point for corner;
         THENCE, S 42° 09' 02" W, a distance of 230.96 feet (CALLED S
  43° 42' 45" W, 230.96 feet) along and with a Southeasterly line of
  said 1.500 acre tract to a point in the North right-of-way line of
  Sprigg Road for the beginning of a non-tangent curve to the left
  having a center which bears N 50° 07' 14" W, 60.00 feet;
         In a Northeasterly direction, along and with said curve to
  the left and the North right-of-way of Sprigg Road, a distance of
  0.99 feet, having a radius of 60.00 feet, a central angle of 00°
  56' 43" (CALLED 00° 56' 30") and a chord which bears N 39° 24' 24" E,
  0.99 feet (CALLED N 40° 58' 11" E, 0.99) to a point for the beginning
  of a non-tangent curve to the left having a center which bears N 50°
  07' 14" W, 60.00 feet;
         In a Northerly direction, along and with said curve to the
  left and the North right-of-way of Sprigg Road, a distance of 91.88
  feet, having a radius of 60.00 feet, a central angle of 87° 44' 10"
  (CALLED 87° 43' 37") and a chord which bears N 03° 59' 16" W, 83.16
  feet (CALLED N 02° 25' 23" W, 83.15 feet) to a point for corner;
         THENCE, N 42° 09' 02" E, a distance of 323.81 feet (CALLED N
  43° 42' 48" E, 323.81 feet) along and with a Northwesterly line of
  said 1.500 acre tract to a point for the Northwest corner of said
  1.500 acre tract and the Southwest corner of said 2.1742 acre tract;
         THENCE, N 01° 31' 55" W, a distance of 369.59 feet (CALLED N
  00° 01' 51" E, 370.03 feet) along and with the West line of said
  2.1742 acre tract and the West line of said 1.166 acre tract to a
  point for the Northwest corner of said 1.166 acre tract;
         THENCE, N 87° 30' 17" E, a distance of 846.44 feet (CALLED 89°
  09' 06" E, 846.21 feet) along and with the North line of said 1.166
  acre tract to a point for the Northeast corner of said 1.166 acre
  tract and being in the West line of said 579.0 acre tract;
         THENCE, N 02° 27' 34" W, a distance of 2,925.01 feet (CALLED N
  02° 27' 01" W, 2,925.01 feet) along and with the West line of said
  579.0 acre tract to a point for the Northwest corner of said 579.0
  acre tract;
         THENCE, N 87° 32' 26" E, a distance of 2,541.20 feet (CALLED N
  87° 32' 59" E, 2,541.20) along and with a North line of said 579.0
  acre tract to a point for corner in the West line of said 631.26 acre
  tract;
         THENCE, S 02° 27' 24" E, a distance of 156.01 feet (CALLED S
  02° 26' 51" E, 155.73 feet) along and with an East line of said 579.0
  acre tract to a point for corner and being the Southwest corner of
  said 631.26 acre tract;
         THENCE, N 87° 31' 56" E, a distance of 4,118.43 feet (CALLED N
  87° 32' 39" E, 4,118.62 feet) along and with the North line of said
  579.0 acre tract and the South line of said 631.26 acre tract to the
  POINT OF BEGINNING and containing 583.8370 acres of land.
         PARCEL "C" - 474.4183 ACRES:
         Beginning at a point for the Northwest corner of said 186.29
  acre tract, same being in the South line of a 100-foot wide
  Metropolitan Transit Authority of Harris County, Texas
  right-of-way, same also being the Northwest corner of a called 3.01
  acre tract of land described in an instrument to Prototype Machine
  Co. Inc. filed for record under C.F. No. 2008112545,
  O.P.R.F.B.C.T.;
         THENCE, N 82° 58' 56" E, a distance of 2,424.31 feet (CALLED N
  85° 26' E, 4310.5 feet) along and with the North line of said 186.29
  acre tract and the South line of said Metropolitan Transit
  Authority right-of-way to an angle point;
         THENCE, N 83° 00' 02" E, a distance of 1,886.40 feet (CALLED N
  85° 26' E, 4310.5 feet) along and with the North line of said 186.29
  acre tract and the South line of said Metropolitan Transit
  Authority right-of-way to a point for the Northeast corner of said
  186.29 acre tract;
         THENCE, S 02° 29' 41" E, a distance of 2,168.70 feet (CALLED S
  00° 03' E, 2,168.70 feet) along and with the East line of said 186.29
  acre tract to a point for the Southeast corner of said 186.29 acre
  tract and being in the North line of said McKinnon Road;
         THENCE, S 87° 40' 19" W, a distance of 66.52 feet (CALLED N 89°
  53' W, 65.00 feet) along and with the South line of said 186.29 acre
  tract and the North line of said McKinnon Road to a point for corner
  being the intersection of a Northerly projection of an East line of
  said 1,005.19 acre tract with the South line of said 186.29 acre
  tract;
         THENCE, S 02° 29' 41" E, a distance of 639.72 feet (CALLED S
  00° 03' E, 639.60 feet) over and across said McKinnon Road, along and
  with an East line of said 1,005.19 acre tract to a reentrant corner
  of said 1,005.19 acre tract;
         THENCE, N 88° 04' 19" E, a distance of 158.00 feet (CALLED S
  89° 29' E, 158.00 feet) along and with a North line of said 1,005.19
  acre tract to a point for corner;
         THENCE, S 02° 14' 41" E, a distance of 2,210.40 feet (CALLED S
  00° 12' W) along and with an East line of said 1,005.19 acre tract to
  a point for corner;
         THENCE, S 87° 14' 33" W, a distance of 4,037.52 feet over and
  across said 1,005.19 acre tract, said 64.675 acre tract and along
  and with the South line of said 23.675 acre tract (South line called
  WEST, 964.5 feet) to a point for the Southwest corner of said 23.675
  acre tract;
         THENCE, N 02° 28' 27" W, a distance of 1,082.24 feet (CALLED N
  00° 17' E, 1076.22 feet) along and with the West line of said 23.675
  acre tract to a point for the Northwest corner of said 23.675 acre
  tract and being in the South line of said 48.787 acre tract;
         THENCE, S 87° 36' 19" W, a distance of 341.03 feet (CALLED
  WEST) along and with the South line of said 48.787 acre tract to a
  point for the Southwest corner of said 48.787 acre tract;
         THENCE, N 02° 30' 41" W, a distance of 3,616.51 feet (CALLED N
  00° 04' W - Vol. 302, Pg. 126; N01° 23' 50" E, - Vol. 405, Pg. 239)
  along and with the West line of said 48.787 acre tract, over and
  across said McKinnon Road and continuing along and with the West
  line of said 186.29 acre tract to the POINT OF BEGINNING and
  containing 474.4183 acres of land.
         PARCEL "D" SAVE AND EXCEPT - 53.6042 ACRES:
         BEING 53.6042 acres of land situated in the Jesse Thompson
  Survey, Abstract No. 414 and the R.T. Van Slyke Survey, Abstract No.
  407 of Waller County, Texas, said 58.6042 acres being a portion of a
  called 316 acre and 88 acre tract (called 404 acres) of land
  described in an instrument to R&Y Interests, Ltd., filed for record
  under Vol. 553, Page 91 of the Official Public Records of Waller
  County, Texas, said 53.6042 acres being all of the area of said 404
  acre tract lying within the limits of Waller County, Texas, said
  53.6042 acre tract being more particularly described by metes and
  bounds as follows:
         BEGINNING at the Northwest corner of said 316 acre tract,
  same being the Northwest corner of the Jesse Thompson Survey,
  Abstract No. 414 Waller County, Texas and Abstract 394, Fort Bend
  County, Texas;
         THENCE, N 87° 51' 52" E, (CALLED - EAST) a distance of
  3,328.20 feet along and with the North line of said 316 acre tract
  and said 88 acre tract to a point for corner on the Waller County
  Line;
         THENCE, S 65° 00' 15" W, a distance of 3,611.89 feet along and
  with the Waller County Line to a point for corner in the West line of
  said 316 acre tract;
         THENCE, N 02° 08' 08" W, a distance of 1,403.16 feet along and
  with the West line of said 316 acre tract to the POINT OF BEGINNING
  and containing 53.6042 acres of land.
         PARCEL "E" SAVE AND EXCEPT - 13.9598 ACRES:
         BEING 13.9598 acres of land situated in the H. & T. C. R.R.
  Co. Survey Section 105, Abstract No. 416, Waller County, Texas and
  being that portion of a called 474.671 acre tract described in an
  instrument to Silco Inc. filed for record under C.F. No. 2007009962
  O.P.R.F.B.C.T lying within the limits of Waller County, Texas, said
  13.9598 acre tract being more particularly described by metes and
  bounds as follows:
         BEGINNING at the Northwest corner of said 474.671 acre tract;
         THENCE, N 87° 37' 00" E, a distance of 1,705.80 feet along and
  with the North line of said 474.671 acre tract to a point for corner
  on the Waller County Line;
         THENCE, S 65° 00' 15" W, a distance of 1,854.29 feet along and
  with the Waller County Line to a point for corner in the West line of
  said 474.671 acre tract
         THENCE, N 01° 54' 20" W, a distance of 712.99 feet along and
  with the West line of said 474.671 acre tract to the POINT OF
  BEGINNING and containing 13.9598 acres of land.
         In conclusion, the herein described 1,790.6130 acre tract,
  the 583.8370 acre tract and the 474.4183 acre tract SAVE AND EXCEPT
  the herein described 53.6042 acre tract and the herein described
  13.9598 acre tract comprise a total acreage of 2,781.3043 acres of
  land for the boundary of the Fulshear Parkway Improvement District.
         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, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1864 passed the Senate on
  April 25, 2013, by the following vote:  Yeas 28, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1864 passed the House on
  May 20, 2013, by the following vote:  Yeas 147, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor