H.B. No. 4653
 
 
 
 
AN ACT
  relating to the creation of Tarkington Management District No. 1 of
  Liberty County; 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 3973 to read as follows:
  CHAPTER 3973.  TARKINGTON MANAGEMENT DISTRICT NO. 1 OF LIBERTY
  COUNTY
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 3973.0101.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "County" means Liberty County.
               (3)  "Director" means a board member.
               (4)  "District" means the Tarkington Management
  District No. 1 of Liberty County.
         Sec. 3973.0102.  NATURE OF DISTRICT. The district is a
  special district created under Section 59, Article XVI, Texas
  Constitution.
         Sec. 3973.0103.  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 county and
  other political subdivisions to contract with the district, the
  legislature has established a program to accomplish the public
  purposes set out in Section 52-a, Article III, Texas Constitution.
         (b)  The creation of the district is necessary to promote,
  develop, encourage, and maintain employment, commerce,
  transportation, housing, tourism, recreation, the arts,
  entertainment, economic development, safety, and the public
  welfare in the district.
         (c)  This chapter and the creation of the district may not be
  interpreted to relieve 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 county services provided in the
  district.
         Sec. 3973.0104.  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 water, wastewater, drainage, road,
  transportation, 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. 3973.0105.  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. 3973.0106.  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. 3973.0107.  APPLICABILITY OF MUNICIPAL MANAGEMENT
  DISTRICTS LAW. Except as otherwise provided by this chapter,
  Chapter 375, Local Government Code, applies to the district.
         Sec. 3973.0108.  CONSTRUCTION OF CHAPTER. This chapter
  shall be liberally construed in conformity with the findings and
  purposes stated in this chapter.
         Sec. 3973.0109.  CONFLICTS OF LAW.  This chapter prevails
  over any provision of general law, including a provision of Chapter
  375, Local Government Code, or Chapter 49, Water Code, that is in
  conflict or inconsistent with this chapter.
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 3973.0201.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five directors elected or appointed as
  provided by this chapter and Subchapter D, Chapter 49, Water Code.
         (b)  Except as provided by Section 3973.0204, directors
  serve staggered four-year terms.
         Sec. 3973.0202.  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; or
               (2)  a director who is abstaining from participation in
  a vote because of a conflict of interest.
         Sec. 3973.0203.  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. 3973.0204.  TEMPORARY DIRECTORS. (a) The temporary
  board consists of:
               (1)  Gready Hunter;
               (2)  Kevin Loeffler;
               (3)  Rusty Campbell;
               (4)  Greg Eknoyan; and
               (5)  Gordan Richardson.
         (b)  The temporary or successor temporary directors shall
  hold an election to elect five permanent directors as provided by
  Section 49.102, Water Code.
         (c)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Subsection (b); or
               (2)  the fourth anniversary of the effective date of
  the Act creating this chapter.
         (d)  If permanent directors have not been elected under
  Subsection (b) and the terms of the temporary directors have
  expired, successor temporary directors shall be appointed or
  reappointed as provided by Subsection (e) to serve terms that
  expire on the earlier of:
               (1)  the date permanent directors are elected under
  Subsection (b); or
               (2)  the fourth anniversary of the date of the
  appointment or reappointment.
         (e)  If Subsection (d) applies, 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 may submit a petition to the Texas Commission on
  Environmental Quality requesting that the commission appoint as
  successor temporary directors the five persons named in the
  petition. The commission shall appoint as successor temporary
  directors the five persons named in the petition.
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 3973.0301.  GENERAL POWERS AND DUTIES.  The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 3973.0302.  IMPROVEMENT PROJECTS AND SERVICES.  (a)  
  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
  under Chapter 375, Local Government Code.
         (b)  An improvement project described by Subsection (a) may
  be located inside or outside the district.
         Sec. 3973.0303.  AUTHORITY FOR ROAD PROJECTS.  Under Section
  52, Article III, Texas Constitution, the district may own, operate,
  maintain, design, acquire, construct, finance, issue bonds, notes,
  or other obligations for, improve, and convey to this state, a
  county, or a municipality for ownership, operation, and maintenance
  macadamized, graveled, or paved roads or improvements, including
  storm drainage, in aid of those roads.
         Sec. 3973.0304.  CONVEYANCE AND APPROVAL OF ROAD PROJECT.  
  (a)  The district may convey a road project authorized by Section
  3973.0303 to:
               (1)  a municipality or county that will operate and
  maintain the road if the municipality or county has approved the
  plans and specifications of the road project; or
               (2)  the state if the state will operate and maintain
  the road and the Texas Transportation Commission has approved the
  plans and specifications of the road project.
         (b)  Except as provided by Subsection (c), the district shall
  operate and maintain a road project authorized by Section 3973.0303
  that the district implements and does not convey to a municipality,
  a county, or this state under Subsection (a).
         (c)  The district may agree in writing with a municipality, a
  county, or this state to assign operation and maintenance duties to
  the district, the municipality, the county, or this state in a
  manner other than the manner described in Subsections (a) and (b).
         Sec. 3973.0305.  NONPROFIT CORPORATION.  (a)  The board by
  resolution may authorize the creation of a nonprofit corporation to
  assist and act for the district in implementing a project or
  providing a service authorized by this chapter.
         (b)  The nonprofit corporation:
               (1)  has each power of and is considered to be a local
  government corporation created under Subchapter D, Chapter 431,
  Transportation Code; and
               (2)  may implement any project and provide any service
  authorized by this chapter.
         (c)  The board shall appoint the board of directors of the
  nonprofit corporation. The board of directors of the nonprofit
  corporation shall serve in the same manner as the board of directors
  of a local government corporation created under Subchapter D,
  Chapter 431, Transportation Code, except that a board member is not
  required to reside in the district.
         Sec. 3973.0306.  AGREEMENTS; GRANTS.  (a)  As provided by
  Chapter 375, Local Government Code, the district may make an
  agreement with or accept a gift, grant, or loan from any person.
         (b)  The implementation of a project is a governmental
  function or service for the purposes of Chapter 791, Government
  Code.
         Sec. 3973.0307.  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.
         Sec. 3973.0308.  MEMBERSHIP IN CHARITABLE ORGANIZATIONS.  
  The district may join and pay dues to a charitable or nonprofit
  organization that performs a service or provides an activity
  consistent with the furtherance of a district purpose.
         Sec. 3973.0309.  ECONOMIC DEVELOPMENT.  (a)  The district
  may engage in activities that accomplish the economic development
  purposes of the district.
         (b)  The district may establish and provide for the
  administration of one or more programs to promote state or local
  economic development and to stimulate business and commercial
  activity in the district, including programs to:
               (1)  make loans and grants of public money; and
               (2)  provide district personnel and services.
         (c)  The district may create economic development programs
  and exercise the economic development powers provided to
  municipalities by:
               (1)  Chapter 380, Local Government Code; and
               (2)  Subchapter A, Chapter 1509, Government Code.
         Sec. 3973.0310.  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. 3973.0311.  NO TOLL ROADS. The district may not
  construct, acquire, maintain, or operate a toll road.
         Sec. 3973.0312.  RAIL FACILITIES.  The district may
  construct, acquire, improve, maintain, and operate rail facilities
  and improvements in aid of those facilities.
         Sec. 3973.0313.  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. 3973.0314.  DIVISION OF DISTRICT.  (a)  The district may
  be divided into two or more new districts only if the district:
               (1)  has no outstanding bonded debt; and
               (2)  is not imposing ad valorem taxes.
         (b)  This chapter applies to any new district created by the
  division of the district, and a new district has all the powers and
  duties of the district.
         (c)  Any new district created by the division of the district
  may, at the time the new district is created, contain only:
               (1)  land within the area described by Section 2 of the
  Act enacting this chapter; or
               (2)  any land adjacent to the area described by Section
  2 of the Act enacting this chapter if that adjacent land is:
                     (A)  not within the extraterritorial jurisdiction
  of a city; or
                     (B)  within the extraterritorial jurisdiction of
  a city and that adjacent land has been approved for inclusion in the
  district under an ordinance or resolution adopted by the city
  consenting to the inclusion.
         (d)  The board, on its own motion or on receipt of a petition
  signed by the owner or owners of a majority of the assessed value of
  the real property in the district, may adopt an order dividing the
  district.
         (e)  The board may adopt an order dividing the district
  before or after the date the board holds an election under Section
  3973.0204 to elect the district's permanent directors.
         (f)  An order dividing the district must:
               (1)  name each new district;
               (2)  include the metes and bounds description of the
  territory of each new district;
               (3)  appoint temporary directors for each new district;
  and
               (4)  provide for the division of assets and liabilities
  between or among the new districts.
         (g)  On or before the 30th day after the date of adoption of
  an order dividing the district, the district shall file the order
  with the Texas Commission on Environmental Quality and record the
  order in the real property records of each county in which the
  district is located.
         (h)  Any new district created by the division of the district
  shall hold a permanent directors' election as required by Section
  3973.0204.
         (i)  Municipal consent by a city is not required for the
  creation of any new district created under this section.
         (j)  Any new district created by the division of the district
  must hold an election as required by this chapter to obtain voter
  approval before the district may impose a maintenance tax or issue
  bonds payable wholly or partly from ad valorem taxes or sales and
  use taxes.
         (k)  If the voters of a new district do not confirm the
  creation of the new district, the assets, obligations, territory,
  and governance of the new district revert to that of the original
  district.
         Sec. 3973.0315.  NO EMINENT DOMAIN POWER.  The district may
  not exercise the power of eminent domain.
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
         Sec. 3973.0401.  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. 3973.0402.  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. 3973.0403.  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. 3973.0404.  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. 3973.0405.  RESIDENTIAL PROPERTY NOT EXEMPT. Section
  375.161, Local Government Code, does not apply to a tax authorized
  or approved by the voters of the district or a required payment for
  a service provided by the district, including water and sewer
  services.
         Sec. 3973.0406.  TAX AND ASSESSMENT ABATEMENTS. The
  district may designate reinvestment zones and may grant abatements
  of district taxes or assessments on property in the zones.
  SUBCHAPTER E. TAXES AND BONDS
         Sec. 3973.0501.  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 sales and
  use taxes; or
               (2)  contract payments described by Section 3973.0503.
         (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. 3973.0502.  OPERATION AND MAINTENANCE TAX. (a) If
  authorized by a majority of the district voters voting at an
  election held in accordance with Section 3973.0501, 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. 3973.0503.  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. 3973.0504.  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.
         Sec. 3973.0505.  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.
         Sec. 3973.0506.  BONDS FOR ROAD PROJECTS. At the time of
  issuance, the total principal amount of bonds or other obligations
  issued or incurred to finance road projects and payable from ad
  valorem taxes may not exceed one-fourth of the assessed value of the
  real property in the district.
  SUBCHAPTER F. SALES AND USE TAX
         Sec. 3973.0601.  APPLICABILITY OF CERTAIN TAX CODE
  PROVISIONS. (a)  Chapter 321, Tax Code, governs the imposition,
  computation, administration, enforcement, and collection of the
  sales and use tax authorized by this subchapter except to the extent
  Chapter 321, Tax Code, is inconsistent with this chapter.
         (b)  A reference in Chapter 321, Tax Code, to a municipality
  or the governing body of a municipality is a reference to the
  district or the board, respectively.
         Sec. 3973.0602.  ELECTION; ADOPTION OF TAX. (a) The
  district may adopt a sales and use tax if authorized by a majority
  of the voters of the district voting at an election held for that
  purpose.
         (b)  The board by order may call an election to authorize the
  adoption of the sales and use tax. The election may be held on any
  uniform election date and in conjunction with any other district
  election.
         (c)  The ballot shall be printed to provide for voting for or
  against the proposition: "Authorization of a sales and use tax in
  the Tarkington Management District No. 1 of Liberty County at a
  rate not to exceed ____ percent" (insert rate of one or more
  increments of one-eighth of one percent).
         Sec. 3973.0603.  SALES AND USE TAX RATE. (a) On or after the
  date the results are declared of an election held under Section
  3973.0602, at which the voters approved imposition of the tax
  authorized by this subchapter, the board shall determine and adopt
  by resolution or order the initial rate of the tax, which must be in
  one or more increments of one-eighth of one percent.
         (b)  After the election held under Section 3973.0602, the
  board may increase or decrease the rate of the tax by one or more
  increments of one-eighth of one percent.
         (c)  The initial rate of the tax or any rate resulting from
  subsequent increases or decreases may not exceed the lesser of:
               (1)  the maximum rate authorized by the district voters
  at the election held under Section 3973.0602; or
               (2)  a rate that, when added to the rates of all sales
  and use taxes imposed by other political subdivisions with
  territory in the district, would result in the maximum combined
  rate prescribed by Section 321.101(f), Tax Code, at any location in
  the district.
         Sec. 3973.0604.  TAX AFTER MUNICIPAL ANNEXATION. (a)  This
  section applies to the district after a municipality annexes part
  of the territory in the district and imposes the municipality's
  sales and use tax in the annexed territory.
         (b)  If at the time of annexation the district has
  outstanding debt or other obligations payable wholly or partly from
  district sales and use tax revenue, Section 321.102(g), Tax Code,
  applies to the district.
         (c)  If at the time of annexation the district does not have
  outstanding debt or other obligations payable wholly or partly from
  district sales and use tax revenue, the district may exclude the
  annexed territory from the district, if the district has no
  outstanding debt or other obligations payable from any source.
         Sec. 3973.0605.  NOTIFICATION OF RATE CHANGE.  The board
  shall notify the comptroller of any changes made to the tax rate
  under this subchapter in the same manner the municipal secretary
  provides notice to the comptroller under Section 321.405(b), Tax
  Code.
         Sec. 3973.0606.  USE OF REVENUE. Revenue from the sales and
  use tax imposed under this subchapter is for the use and benefit of
  the district and may be used for any district purpose. The district
  may pledge all or part of the revenue to the payment of bonds,
  notes, or other obligations, and that pledge of revenue may be in
  combination with other revenue, including tax revenue, available to
  the district.
         Sec. 3973.0607.  ABOLITION OF TAX. (a)  Except as provided
  by Subsection (b), the board may abolish the tax imposed under this
  subchapter without an election.
         (b)  The board may not abolish the tax imposed under this
  subchapter if the district has outstanding debt secured by the tax,
  and repayment of the debt would be impaired by the abolition of the
  tax.
         (c)  If the board abolishes the tax, the board shall notify
  the comptroller of that action in the same manner the municipal
  secretary provides notice to the comptroller under Section
  321.405(b), Tax Code.
         (d)  If the board abolishes the tax or decreases the tax rate
  to zero, a new election to authorize a sales and use tax must be held
  under Section 3973.0602 before the district may subsequently impose
  the tax.
  SUBCHAPTER G.  DEFINED AREAS
         Sec. 3973.0701.  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. 3973.0702.  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 issues to the voters on the same
  ballot to be used in another election.
         Sec. 3973.0703.  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. 3973.0704.  TAXES FOR SERVICES, IMPROVEMENTS, AND
  FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
  approval and adoption of the order described by Section 3973.0703,
  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. 3973.0705.  ISSUANCE OF BONDS FOR DEFINED AREA OR
  DESIGNATED PROPERTY. After the order under Section 3973.0703 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.
         Sec. 3973.0706.  ADDITION OR EXCLUSION OF LAND IN DEFINED
  AREA. The district may add or exclude land from the defined areas
  in the same manner the district may add or exclude land from the
  district.
         SECTION 2.  The Tarkington Management District No. 1 of
  Liberty County initially includes all territory contained in the
  following area:
  807.65 acres of land, situated in the Hugh Means Survey, Abstract
  78, Liberty County, Texas, and being a part of that certain 1846.69
  acre tract described in a Deed from Southland Timberlands V, L.P. to
  Tarkington Realty, Ltd., recorded in Liberty County Clerk's File
  2006008680, said 807.65 acres being more particularly described as
  follows:
  BEGINNING at a 3 inch by 3 inch concrete monument stamped "Kirby NWc
  Hugh Means" found for the Northwest corner of the herein described
  tract at the Northwest corner of the Hugh Means Survey, Abstract 78,
  and the Northwest corner of said 1846.69 acre tract;
  THENCE North 88 deg. 01 min. 32 sec. East, along the North line of
  the Means Survey, being the North line of said 1846.69 acre tract, a
  distance of 33.30 feet to a 6 inch by 6 inch concrete monument found
  at the Southwest corner of the I. L. Hanson Survey, Abstract 282;
  THENCE North 87 deg. 28 min. 03 sec. East, along the common line of
  the Means Survey and the Hanson Survey, being the North line of said
  1846.69 acre tract and the South line of the Alvin David Stetson
  tract recorded in Clerk's File 2015023380, a distance of 3442.50
  feet to a concrete monument stamped "Kirby 3-166" found at the
  Southeast corner of the Hanson Survey and the Southwest corner of
  the John R. Faulk Survey, Abstract 34;
  THENCE North 86 deg. 55 min. 34 sec. East, along the common lines of
  the Means Survey and the Faulk Survey, being the North line of said
  1846.69 acre tract and the South line of the Jorge Lopez tract
  described in Clerk's File 2007014457, a distance of 1787.22 feet to
  a 3/4 inch iron rod found for the Northeast corner of the herein
  described tract at the Northeast corner of said 1846.69 acre tract,
  said point being in the West right of way line of State Highway 321
  (100.0 feet wide at this point);
  THENCE South 22 deg. 01 min. 29 sec. East, along the West
  right-of-way line of State Highway 321 and the East line of said
  1846.69 acre tract, a distance of 2084.38 feet to a concrete
  monument found at the P.C. of a curve to the left;
  THENCE along the West right-of-way line of State Highway 321
  (right-of-way varies) and the East line of said 1846.69 acre tract,
  following said curve to the left having a Radius of 5779.59 feet,
  Central Angle of a 01 deg. 35 min. 23 sec., Chord Bearing and
  Distance of South 22 deg. 51 min. 20 sec. East - 160.35 feet, for an
  arc distance of 160.36 feet to a concrete monument found at the P.T.
  of said curve;
  THENCE South 18 deg. 29 min. East, along the West right-of-way line
  of State Highway 321 and the East line of said 1846.69 acre tract, a
  distance of 101.28 feet to a concrete monument found at the P.C. of
  a curve left;
  THENCE along the West right-of-way line of State Highway 21
  (right-of-way varies) and the East line of said 1846.69 acre tract,
  following said curve to the left having a Radius of 5789.59 feet,
  Central Angle of 10 deg. 49 min. 44 sec., Chord Bearing and a
  Distance of South 30 deg. 03 min. 47 sec. East - 1092.60 feet, for an
  arc distance of 1094.23 feet to a concrete monument found at the
  P.T. of said curve;
  THENCE South 35 deg. 28 min. 53 sec. East, along the West
  right-of-way line of State Highway 321 (right-of-way 110.0 feet
  wide at this point) and the East line of said 1846.69 acre tract, a
  distance of 2708.35 feet to a 1/2 inch iron rod found for the
  Southeast corner of the herein described tract at the upper
  Southeast corner of said 1846.69 acre tract, the Northeast corner
  of a 6.87 acre Save and Except Tract described in the a deed to
  Southland Timberlands V, L.P. recorded in Clerk's File 2003009246;
  THENCE South 87 deg. 23 min. 32 sec. West, along the North line of
  said 6.87 acre Save and Except Tract, a distance of 3334.49 feet to
  a fence post found at the Northwest corner of said 6.87 acre tract
  and the upper Northeast corner of a 638.36 acre tract described in a
  deed to Roli Holdings, L.P. recorded in Clerk's File 2013010569;
  THENCE South 87 deg. 23 min. 05 sec. West, along the North line of
  said 638.36 acre tract, at 4683.36 feet pass a 5/8 inch iron rod
  capped "RPLS 5815" found, and continue for a total distance of
  4684.17 feet to a point marking the Southwest corner of the herein
  described tract at the Northwest corner of said 638.36 acre tract,
  said point being in the West line of the Means Survey, the East line
  of the H.& T.C. R.R. Company Survey No. 150, Abstract 833, the West
  lineof said 1846.69 acre tract, and the East line of the Joseph H.
  Ceaser, Jr. tract describe in Clerk's File 2007008678;
  THENCE North 03 deg. 40 min. 53 sec. West, along the common line of
  the Means Survey and the H.&T.C. R.R. Company Survey No. 150, being
  the West line of said 1846.69 acre tract and the East line of the
  Ceaser tract, a distance of 1305.65 feet to a 3 inch by 3 inch
  concrete monument stamped "Kirby SEc H&TC WL H Means" found at the
  Northeast corner of the H.&T.C. R.R. Company Survey No. 150, the
  Southeast corner of the H.& T.C. R.R. Company Survey No. 149,
  Abstract 232, the Northeast corner of the Ceaser tract, and the
  Southeast corner of the William B. Krizak tract described in
  Clerk's File 2009017836;
  THENCE North 02 deg. 11 min. 16 sec. West, along the common line of
  the Means Survey and the H.&T.C. R.R. Company Survey No. 149, being
  the West line of said 1846.69 acre tract and the East line of the
  Krizak tract, the Heriberto Cisneros tract described in Clerk's
  File 2009009858, The Heriberto Cisneros tract described in Clerk's
  File 2017006032, and the Johnnie Hooper tract described in Clerk's
  File 2016002265, at 2138.84 feet pass a 1/2 inch iron rod found at
  the Northeast corner of the Hooper tract and the Southeast corner of
  a tract described in Clerk's File 2018001388, and continue along
  the East line of said tract and tracts described in Clerk's File
  2014013993, Clerk's File 2013003296, Clerk's File 2013010371,
  Clerk's File 2012002326; Clerk's File 2016007673; Clerk's File
  2015007509; Clerk's File 2012012985; Clerk's File 2009007977, and
  Clerk's File 2010011389 for a total distance of 4143.56 feet to the
  PLACE OF BEGINNING and containing 807.65 acres of land.
         SECTION 3.  (a) The legal notice of the intention to
  introduce this Act, setting forth the general substance of this
  Act, has been published as provided by law, and the notice and a
  copy of this Act have been furnished to all persons, agencies,
  officials, or entities to which they are required to be furnished
  under Section 59, Article XVI, Texas Constitution, and Chapter 313,
  Government Code.
         (b)  The governor, one of the required recipients, has
  submitted the notice and Act to the Texas Commission on
  Environmental Quality.
         (c)  The Texas Commission on Environmental Quality has filed
  its recommendations relating to this Act with the governor,
  lieutenant governor, and speaker of the house of representatives
  within the required time.
         (d)  The general law relating to consent by political
  subdivisions to the creation of districts with conservation,
  reclamation, and road powers and the inclusion of land in those
  districts has been complied with.
         (e)  All requirements of the constitution and laws of this
  state and the rules and procedures of the legislature with respect
  to the notice, introduction, and passage of this Act have been
  fulfilled and accomplished.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4653 was passed by the House on May 3,
  2019, by the following vote:  Yeas 131, Nays 9, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 4653 on May 24, 2019, by the following vote:  Yeas 97, Nays 43,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 4653 was passed by the Senate, with
  amendments, on May 22, 2019, by the following vote:  Yeas 28, Nays
  3.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor