85(R) HB 4290 - Enrolled version

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	H.B. No. 4290

AN ACT

relating to the creation of the Stadium Park Management District;

providing authority to issue bonds; providing authority to impose

assessments, fees, or taxes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle C, Title 4, Special District Local Laws

Code, is amended by adding Chapter 3950 to read as follows:

CHAPTER 3950. STADIUM PARK MANAGEMENT DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 3950.001. 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 Stadium Park Management

District.

Sec. 3950.002. CREATION AND NATURE OF DISTRICT. The

district is a special district created under Section 59, Article

XVI, Texas Constitution.

Sec. 3950.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The

creation of the district is essential to accomplish the purposes of

Sections 52 and 52-a, Article III, and Section 59, Article XVI,

Texas Constitution, and other public purposes stated in this

chapter. By creating the district and in authorizing 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.

supplant county services provided in the district.

Sec. 3950.004. 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;

(3) developing or expanding transportation and

commerce; and

(4) providing quality residential housing.

(d) The district will:

(1) promote the health, safety, and general welfare of

residents, employers, potential employees, employees, visitors,

and consumers in the district, and of the public;

(2) provide needed funding for the district to

preserve, maintain, and enhance the economic health and vitality of

the district territory as a residential community and business

center; and

(3) promote the health, safety, welfare, and enjoyment

of the public by providing pedestrian ways and by landscaping,

removing graffiti from, and developing certain areas in the

district, which are necessary for the restoration, preservation,

and enhancement of scenic beauty.

(e) Pedestrian ways along or across a street, whether at

grade or above or below the surface, and street lighting, street

landscaping, vehicle parking, and street art objects are parts of

and necessary components of a street and are considered to be an

improvement project that includes a street or road improvement.

(f) The district will not act as the agent or

instrumentality of any private interest even though the district

will benefit many private interests as well as the public.

Sec. 3950.005. DISTRICT TERRITORY. (a) The district is

initially composed of the territory described by Section 2 of the

Act enacting this chapter.

(b) The boundaries and field notes contained in Section 2 of

the Act enacting this chapter form a closure. A mistake in the

field notes or in copying the field notes in the legislative process

does not affect the district's:

(1) organization, existence, or validity;

(2) right to issue any type of bond for the purposes

for which the district is created or to pay the principal of and

interest on a bond;

(3) right to impose or collect an assessment or tax; or

(4) legality or operation.

Sec. 3950.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.

(a) All or any part of the area of the district is eligible to be

included in:

(1) a tax increment reinvestment zone created under

Chapter 311, Tax Code;

(2) a tax abatement reinvestment zone created under

Chapter 312, Tax Code; or

(3) an enterprise zone created under Chapter 2303,

Government Code.

(b) A tax increment reinvestment zone created by the city in

the district is not subject to the limitations provided by Section

311.006(b), Tax Code.

under Chapter 311, Tax Code, the city, by contract with the

district, may grant money deposited in the tax increment fund to the

district to be used by the district for the purposes permitted for

money granted to a corporation under Section 380.002(b), Local

Government Code, including the right to pledge the money as

security for any bonds issued by the district for an improvement

project.

Sec. 3950.007. APPLICABILITY OF MUNICIPAL MANAGEMENT

DISTRICTS LAW. Except as otherwise provided by this chapter,

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

Sec. 3950.008. 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. 3950.051. GOVERNING BODY; TERMS. (a) The district is

governed by a board of 11 voting directors who must be qualified

under and appointed by the governing body of the city as provided by

Subchapter D, Chapter 375, Local Government Code.

(b) The directors serve staggered terms of four years with

five or six directors' terms expiring June 1 of each odd-numbered

year.

Sec. 3950.052. DIRECTOR'S OATH OR AFFIRMATION. (a) A

director shall file the director's oath or affirmation of office

with the district, and the district shall retain the oath or

affirmation in the district records.

(b) A director shall file a copy of the director's oath or

affirmation with the clerk of the county.

Sec. 3950.053. QUORUM. A vacant director position is not

counted for purposes of establishing a quorum.

Sec. 3950.054. OFFICERS. The board shall elect from among

the directors a chair, a vice chair, and a secretary. The offices

of chair and secretary may not be held by the same person.

Sec. 3950.055. COMPENSATION; EXPENSES. (a) The district

may compensate each director in an amount not to exceed $50 for each

board meeting. The total amount of compensation a director may

receive each year may not exceed $2,000.

(b) A director is entitled to reimbursement for necessary

and reasonable expenses incurred in carrying out the duties and

responsibilities of the board.

Sec. 3950.056. LIABILITY INSURANCE. The district may obtain

and pay for comprehensive general liability insurance coverage from

a commercial insurance company or other source that protects and

insures a director against personal liability and from all claims

relating to:

(1) actions taken by the director in the director's

capacity as a member of the board;

(2) actions and activities taken by the district; or

(3) the actions of others acting on behalf of the

district.

Sec. 3950.057. NO EXECUTIVE COMMITTEE. The board may not

create an executive committee to exercise the powers of the board.

Sec. 3950.058. BOARD MEETINGS. The board shall hold

meetings at a place accessible to the public.

Sec. 3950.059. INITIAL DIRECTORS. (a) The initial board

consists of:

Pos. No.

Name of Director

Gary Zimmerman;

Chris Pappas;

Al Kashani;

Terence Fontaine;

June Deadrick;

Kevin Hoffman;

Dallas Jones;

Marchris Robinson;

Jamey Rootes;

10.

Leroy Shafer;

11.

Ed Wulfe.

(b) The terms of the initial directors expire June 1, 2019.

terms of directors serving in positions 1 through 5 expire June 1,

2021, and the terms of directors serving in positions 6 through 11

expire June 1, 2023.

(d) Section 375.063, Local Government Code, does not apply

to the initial directors named by Subsection (a).

(e) This section expires September 1, 2023.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 3950.101. GENERAL POWERS AND DUTIES. The district has

the powers and duties necessary to accomplish the purposes for

which the district is created.

Sec. 3950.102. IMPROVEMENT PROJECTS AND SERVICES. The

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

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

service using money available to the district, or contract with a

governmental or private entity to provide, design, construct,

acquire, improve, relocate, operate, maintain, or finance an

improvement project or service authorized under this chapter or

Chapter 375, Local Government Code.

Sec. 3950.103. LOCATION OF IMPROVEMENT PROJECT. An

improvement project described by Section 3950.102 may be located:

(1) in the district; or

(2) in an area outside but adjacent to the district if

the project is for the purpose of extending a public infrastructure

improvement beyond the district's boundaries to a logical terminus.

Sec. 3950.104. 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. 3950.105. 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. 3950.106. 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. 3950.107. LAW ENFORCEMENT SERVICES. To protect the

public interest, the district may contract with a qualified party,

including the county, to provide law enforcement services in the

district for a fee.

Sec. 3950.108. 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. 3950.109. 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 that:

(1) Chapter 380, Local Government Code, provides to a

municipality; and

(2) Subchapter A, Chapter 1509, Government Code,

provides to a municipality.

Sec. 3950.110. CONCURRENCE ON ADDITIONAL POWERS. If the

territory of the district is located in the corporate boundaries or

the extraterritorial jurisdiction of a municipality, the district

may not exercise a power granted to the district after the date the

district was created unless the governing body of the municipality

by resolution consents to the district's exercise of the power.

Sec. 3950.111. NO EMINENT DOMAIN POWER. The district may

not exercise the power of eminent domain.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 3950.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The

board by resolution shall establish the number of signatures and

the procedure required for a disbursement or transfer of the

district's money.

Sec. 3950.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.

The district may acquire, construct, finance, operate, or maintain

an improvement project or service authorized under this chapter or

Chapter 375, Local Government Code, using any money available to

the district.

Sec. 3950.153. GENERAL POWERS REGARDING PAYMENT OF DISTRICT

BONDS, OBLIGATIONS, OR OTHER COSTS. The district may provide or

secure the payment or repayment of any bond, note, or other

temporary or permanent obligation or reimbursement or other

contract with any person and the costs and expenses of the

establishment, administration, and operation of the district and

the district's costs or share of the costs or revenue of an

improvement project or district contractual obligation or

indebtedness by:

(1) the imposition of an ad valorem tax or sales and

use tax or an assessment, user fee, concession fee, or rental

charge; or

(2) any other revenue or resources of the district.

Sec. 3950.154. COSTS FOR IMPROVEMENT PROJECTS. The

district may undertake separately or jointly with other persons,

including the city or the county, all or part of the cost of an

improvement project, including an improvement project:

(1) for improving, enhancing, and supporting public

safety and security, fire protection and emergency medical

services, and law enforcement in or adjacent to the district; or

(2) that confers a general benefit on the entire

district or a special benefit on a definable part of the district.

Sec. 3950.155. TAX AND ASSESSMENT ABATEMENTS. The district

may designate reinvestment zones and may grant abatements of a tax

or assessment on property in the zones.

Sec. 3950.156. PROPERTY EXEMPT FROM IMPACT FEES. The

district may not impose an impact fee on a residential property,

including a multiunit residential property, or a condominium.

SUBCHAPTER E. ASSESSMENTS

Sec. 3950.201. PETITION REQUIRED FOR FINANCING SERVICES AND

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

service or improvement project with assessments under this chapter

unless a written petition requesting that service or improvement

has been filed with the board.

(b) The petition must be signed by the owners of at least 60

percent of the assessed value of real property in the district

subject to assessment according to the most recent certified tax

appraisal roll for the county.

Sec. 3950.202. 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 that is not a residential property, including a multiunit

residential property or a condominium.

(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. 3950.203. 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.

SUBCHAPTER F. TAXES AND BONDS

Sec. 3950.251. TAX ABATEMENT. The district may enter into a

tax abatement agreement in accordance with the general laws of this

state authorizing and applicable to a tax abatement agreement by a

municipality.

Sec. 3950.252. PROPERTY TAX AUTHORIZED. (a) The district

may impose an ad valorem tax on all taxable property in the district

to:

(1) pay for an improvement project of the types

authorized by Section 52(b), Article III, and Section 59, Article

XVI, Texas Constitution; or

(2) secure the payment of bonds issued for a purpose

described by Subdivision (1).

(b) The district may not impose an ad valorem tax to pay for

an improvement project under this chapter unless:

(1) a written petition has been filed with the board

requesting an election to approve the imposition of the tax signed

by the owners of at least 60 percent of the assessed value of the

property in the district as determined from the most recent

certified county property tax rolls; and

(2) the imposition of the tax is approved by the voters

of the district voting at the requested election.

residential property, including a multiunit residential property

or a condominium.

Sec. 3950.253. SALES AND USE TAX. (a) The district may

impose a sales and use tax if authorized by a majority of the voters

of the district voting at an election called for that purpose.

Revenue from the tax may be used for any purpose for which ad

valorem tax revenue of the district may be used.

(b) The district may not adopt a sales and use tax if as a

result of the adoption of the tax the combined rate of all sales and

use taxes imposed by the district and other political subdivisions

of this state having territory in the district would exceed two

percent at any location in the district.

the tax at an election held on the same election date on which

another political subdivision adopts a sales and use tax or

approves an increase in the rate of its sales and use tax and as a

result the combined rate of all sales and use taxes imposed by the

district and other political subdivisions of this state having

territory in the district would exceed two percent at any location

in the district, the election to adopt a sales and use tax under

this chapter has no effect.

Sec. 3950.254. BONDS AND OTHER OBLIGATIONS. (a) The

district may issue, by public or private sale, bonds, notes, or

other obligations payable wholly or partly from ad valorem taxes,

sales and use taxes, or assessments in the manner provided by

Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local

Government Code.

(b) In exercising the district's borrowing power, the

district may issue a bond or other obligation in the form of a bond,

note, certificate of participation or other instrument evidencing a

proportionate interest in payments to be made by the district, or

other type of obligation.

Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local

Government Code, district bonds may be secured and made payable

wholly or partly by a pledge of any part of the money the district

receives from improvement revenue or from any other source.

Sec. 3950.255. BOND MATURITY. Bonds may mature not more

than 40 years from their date of issue.

Sec. 3950.256. TAXES FOR BONDS AND OTHER OBLIGATIONS. At

the time bonds or other obligations payable wholly or partly from ad

valorem taxes are issued:

(1) the board shall impose a continuing direct annual

ad valorem tax for each year that all or part of the bonds are

outstanding; and

(2) the district annually shall impose an ad valorem

tax on all taxable property in the district in an amount sufficient

to:

(A) pay the interest on the bonds or other

obligations as the interest becomes due; and

(B) create a sinking fund for the payment of the

principal of the bonds or other obligations when due or the

redemption price at any earlier required redemption date.

SUBCHAPTER G. DISSOLUTION

Sec. 3950.301. DISSOLUTION BY ORDINANCE. (a) A

municipality that includes territory of the district, in the

corporate boundaries or extraterritorial jurisdiction of the

municipality, by ordinance may dissolve the district.

(b) The municipality may not dissolve the district until the

district's outstanding debt or contractual obligations that are

payable from ad valorem taxes have been repaid or discharged, or the

municipality has affirmatively assumed the obligation to pay the

outstanding debt from municipal revenue.

Sec. 3950.302. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.

(a) If the dissolved district has bonds or other obligations

outstanding secured by and payable from assessments or other

revenue, other than ad valorem taxes, the municipality that

dissolves the district shall succeed to the rights and obligations

of the district regarding enforcement and collection of the

assessments or other revenue.

(b) The municipality shall have and exercise all district

powers to enforce and collect the assessments or other revenue to

pay:

(1) the bonds or other obligations when due and

payable according to their terms; or

(2) special revenue or assessment bonds or other

obligations issued by the municipality to refund the outstanding

bonds or obligations.

Sec. 3950.303. ASSUMPTION OF ASSETS AND LIABILITIES. (a)

If a municipality dissolves the district, the municipality assumes,

subject to the appropriation and availability of funds, the

obligations of the district, including any bonds or other debt

payable from assessments or other district revenue.

(b) If a municipality dissolves the district, the board

shall transfer ownership of all district property to the

municipality.

SECTION 2. The Stadium Park Management District initially

includes all the territory contained in the following area:

Being an area of +/- 1,234 acres (1.93 sq. miles) centered on Kirby

Dr. and IH 610 (S Loop W) with said area being more particularly

described by the following

Beginning at intersection of north right-of-way (ROW) of Old

Spanish Trail/US 90A Hwy. and east ROW of Greenbriar Dr.;

Then generally south along east ROW of Greenbriar Dr. across the

ROW of Fannin St. to east ROW of Fannin St. and northwest corner of

3.2334 ac. parcel (RES A BLK 1 HOMESTEAD VILLAGE-ASTRODOME);

Then south along east ROW of Fannin St. and west boundary of said

3.2334 ac. parcel to a point west of south boundary line of said

3.2334 ac. parcel;

Then east along south boundary of said 3.2334 ac. parcel to

southeast corner of said parcel and southwest corner of 3.368 ac.

parcel (RES A BLK 1 ASTRODOME OAKS SEC 1 R/P PAR R/P);

Then north along west boundary of said 3.368 ac. parcel to northwest

corner of said parcel;

Then east along north boundary of said 3.368 ac. parcel to northeast

corner of said parcel;

Then south along east boundary of said 3.368 ac. parcel and west ROW

of Knight Rd. to a point east of north boundary of 28.7947 ac. tract

(TR 1 (BLDGS 1 THRU 25) & TR 1 (BLDGS 16 THRU 32) ASTRODOME OAKS SEC

2 R/P ASTRODOME OAKS SEC 1 R/P);

Then generally west along north boundary of said 28.7947 ac. tract

to east ROW of Fannin St;

Then south along east ROW of Fannin St. and west boundary of said

28.7947 ac. tract, across Holly Hall St., along west boundary of

21.027 ac. tract (RES A BLK 1 HOLLY HALL HOME FOR THE RETIRED 3RD

R/P) to southwest corner of said 21.027 ac. tract;

Then east, south and east along south boundary of said 21.027 ac.

tract, across Knight Rd. to southeast corner of 0.2433 ac. parcel

(LTS 1 & 2 BLK 5 KNIGHTS MAIN STREET) and east ROW of Knight Rd.;

Then south along east ROW of Knight Rd. across Englemohr St. to

northwest corner of 0.1217 ac. parcel (LT 3 BLK 37 KNIGHTS MAIN

STREET);

Then east along north boundary of said 0.1217 ac. parcel, 0.1148 ac.

parcel (LT 5 BLK 37 KNIGHTS MAIN STREET), 0.1217 ac. parcel (LT 6

BLK 38 KNIGHTS MAIN STREET), 0.2433 ac. parcel (LTS 4 & 5 BLK 38

KNIGHTS MAIN STREET), 0.4798 ac. parcel (RES A BLK 1 KATIE FEINGERSH

ESTATES), 0.1217 ac. parcel (LT 3 BLK 40 KNIGHTS MAIN STREET),

across S. David St., 0.2433 ac. parcel (LTS 3 & 4 BLK 41 KNIGHTS MAIN

STREET), 0.1148 ac. parcel (LT 5 BLK 41 KNIGHTS MAIN STREET), 0.1217

ac. parcel (LT 6 BLK 42 KNIGHTS MAIN STREET), 0.2433 ac. parcel (LTS

4 & 5 BLK 42 KNIGHTS MAIN STREET), 0.1217 ac. parcel (LT 4 BLK 43

KNIGHTS MAIN STREET), 0.1217 ac. parcel (LT 5 BLK 43 KNIGHTS MAIN

STREET), 0.1217 ac. parcel (LT 6 BLK 43 KNIGHTS MAIN STREET), 0.1148

ac. parcel (LT 5 BLK 44 KNIGHTS MAIN STREET), 0.2433 ac. parcel (LTS

3 & 4 BLK 44 KNIGHTS MAIN STREET) to northeast corner of said 0.2433

ac. parcel and west ROW Cambridge St.;

Then north along west ROW of Cambridge St. to north ROW of Holly

Hall St;

Then east along north ROW of Holly Hall St. to centerline of FM 521

Rd. (Almeda Rd.);

Then south by west along centerline of FM 521 Rd. (Almeda Rd.) to

north ROW of westbound feeder road IH 610 (S Loop W);

Then generally west along north ROW of westbound feeder road IH 610

(S Loop W) to a point north of northeast corner of 14.01 ac. tract

(TR 1U ABST 874 J WALTERS);

Then south across ROW of IH 610 (S Loop W) and along east boundary of

said 14.01 ac. tract to southeast corner of said tract and north

boundary of 15.0459 ac. tract (TRS 2A-1 2B-2 & 2C-2 ABST 874 J

WALTERS);

Then east northeast along north boundary of said 15.0459 ac. tract

to northeast corner of said tract and west ROW of Knight Rd.;

Then east across ROW of Knight Rd. to east ROW of Knight Rd.;

Then south along east ROW of Knight Rd. to south ROW of Holmes Rd.;

Then west southwest along south ROW of Holmes Rd. to a point south

of southwest corner of 12.5087 ac. parcel (RES A4 BLK 1 CORPORATE

CENTRE KIRBY);

Then north across ROW of Holmes Rd. along west boundary of said

12.5087 ac. parcel, 9.766 ac. parcel (RES A2 BLK 1 CORPORATE CENTRE

KIRBY) to northwest corner of said 9.766 ac. parcel and south

boundary of 8 ac. parcel (TRS 3 THRU 10 IN TR 8 ABST 179 BBB&C RR

CO);

Then west along south boundary of said 8 ac. parcel, 1 ac. tract (TR

1 IN TR 8 ABST 179 BBB&C RR CO) to southwest corner of said 1 ac.

tract and east boundary of 15.47 ac. parcel (RESERVE BLK 1 MOORINGS

APTS R/P);

Then north along east boundary of said 15.47 ac. parcel to northeast

corner of said parcel;

Then west along north boundary of said 15.47 ac. parcel, across

Lakes at 610 Dr. to west ROW of Lakes at 610 Dr.;

Then north along west ROW of Lakes at 610 Dr. to south ROW of W.

Bellfort Ave.;

Then generally west along south ROW of W. Bellfort Ave. to west ROW

of S. Main St.;

Then northeast by north along west ROW of S. Main St. to south ROW

of eastbound feeder road IH 610 (S Loop W);

Then northeast to intersection of ROW centerline of S. Main St. and

IH 610 (S Loop W);

Then northeast by north along ROW centerline of S. Main St. to a

point northwest by north of north corner of 1.3593 ac. tract (TR

7H-1A ABST 645 P W ROSE) at south ROW of Braeswood Park St.;

Then southeast by east across east ROW of S. Main St. and along

north boundary of said 1.3593 ac. tract to east corner of said

parcel;

Then southwest by south along east boundary of said 1.3593 ac. tract

to south corner of said tract and north boundary of 1.417 ac. parcel

(RES A BLK 1 RESIDENCE INN MEDICAL CENTER);

Then east northeast along north boundary of said 1.417 ac. parcel to

northeast corner of said parcel and west boundary of 5.566 ac.

parcel (RES C BLK 1 KIRBY OST ASSOCIATES);

Then generally south southeast along east boundary of said 1.417

ac. tract and west boundary of said 5.566 ac. parcel to north ROW of

Old Spanish Trail/US 90A Hwy.;

Then east by north along north ROW of Old Spanish Trail/US 90A Hwy.

to east ROW of Greenbriar St and point of beginning of +/- 1,234 ac.

area.

Save and Except CITY PLAZA CONDO;

Save and Except PLAZA DEL ORO SEC 2 R/P RES A;

Save and Except PLAZA DEL ORO SEC 1 RES B5;

Save and Except KNIGHTS MAIN STREET LTS 1 3 & TR 2 BLK 9;

Save and Except NAOMI AVENUE PLACE LTS 1-12 BLK 1;

Save and Except KNIGHTS MAIN STREET LTS 1 THRU 5 BLK 12;

Save and Except SOUTH POINT BUSINESS PARK SEC 2 RES J;

Save and Except SOUTH POINT BUSINESS PARK SEC 4 RES D2;

Save and Except SOUTH POINT BUSINESS PARK SEC 4 RES D3;

Save and Except SOUTH POINT BUSINESS PARK SEC 4 RES E;

Save and Except Harris County Improvement District No. 8;

Save and Except MIKE CALVERT TOYOTA RES A BLK 1;

Save and Except LAKES AT 610 SEC 1 RES E1;

Save and Except LAKES AT 610 SEC 1 RES A4-A A5-A A6 & A7;

Save and Except CENTRAL HOUSTON NISSAN RES A BLK 1;

Save and Except LAKES AT 610 SEC 2 RES A1-C;

Save and Except LAKES AT 610 SEC 3 RES A1;

Save and Except PARK LAKE APT BLDGS 1 THRU 29;

Save and Except ABST 887 J HAMILTON TR 31C;

Save and Except ABST 887 J HAMILTON TR 32;

Save and Except BUFFALO SPEEDWAY LTS 1-24 BLK 1;

Save and Except BUFFALO SPEEDWAY PERMANENT ACCESS ESMT;

Save and Except BUFFALO SPEEDWAY RES A BLK 1;

Save and Except BUFFALO SPEEDWAY RES B BLK 1;

Save and Except BUFFALO SPEEDWAY RES C BLK 1;

Save and Except MAIN MEDICAL PLAZA RES A BLK 1;

Save and Except SOUTH LOOP / SOUTH MAIN RES C1-A BLK 1;

Save and Except HEARTHWOOD CONDO SEC 1 BLDGS 1-19;

Save and Except ABST 645 P W ROSE TR 8;

Save and Except TRS 6 7 & 10 & TR 4B ABST 874 J WALTERS & TRS 6 7 & 10

ABST 887 J HAMILTON ABST 645 P W ROSE;

Save and Except HOWARD JOHNSON-ASTRODOME RES A BLK 1;

Save and Except ABST 645 P W ROSE TR 5 & TRS 5 & 8A ABST 887 J

HAMILTON;

Save and Except REINGERSH ESTATES RES A BLK 1;

Save and Except HEARTHWOOD BUSINESS PARK SEC 1 RES A;

Save and Except ABST 887 J HAMILTON TR 28;

Save and Except HEARTHWOOD 2 CONDO PH 1-6;

Save and Except ABST 887 J HAMILTON TR 1B-7;

Save and Except HEARTHWOOD BUSINESS PARK SEC 2 RES B1;

Save and Except ABST 887 J HAMILTON TR 1B-6;

Save and Except R & S PARK PT RES B BLK 1 (POLLUTION CONTROL)

(DETENTION POND);

Save and Except R & S PARK PT RES B BLK 1 (PC*1200210010003);

Save and Except ABST 887 J HAMILTON TR 28A;

Save and Except ABST 887 J HAMILTON TR 15A;

Save and Except RES A BLK 1 FANNIN AT THE LOOP;

Save and Except LTS 3-5 BLK 37 KNIGHTS MAIN STREET;

Save and Except LTS 4-6 BLK 38 KNIGHTS MAIN STREET;

Save and Except LTS 1-6 BLK 60 KNIGHTS MAIN STREET;

Save and Except LTS 1-2, 6 BLK 61 KNIGHTS MAIN STREET;

Save and Except RES A LAKES AT 610 SEC 2;

Save and Except LT 6 BLK 13 KNIGHTS MAIN STREET;

Save and Except LTS 1 & 2 BLK 14 KNIGHTS MAIN STREET;

Save and Except LTS 1 & 2 BLK 13 KNIGHTS MAIN STREET;

Save and Except LTS 3 4 & 5 & TR 7 BLK 13 KNIGHTS MAIN STREET;

Save and Except RES A BLK 1 GRAINGER SOUTH LOOP;

Save and Except LT 4 BLK 14 KNIGHTS MAIN STREET;

Save and Except LTS 5 & 6 BLK 14 KNIGHTS MAIN STREET;

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.

______________________________

President of the Senate

Speaker of the House

I certify that H.B. No. 4290 was passed by the House on May 9,

2017, by the following vote: Yeas 132, Nays 13, 2 present, not

voting; and that the House concurred in Senate amendments to H.B.

No. 4290 on May 26, 2017, by the following vote: Yeas 121, Nays 23,

3 present, not voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 4290 was passed by the Senate, with

amendments, on May 24, 2017, by the following vote: Yeas 28, Nays

______________________________

Secretary of the Senate

APPROVED: __________________

Date

__________________

Governor