83(R) SB 863 - Enrolled version



	S.B. No. 863

AN ACT

relating to the creation of Pearland Municipal Management District

No. 2; 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 3867 to read as follows:

CHAPTER 3867. PEARLAND MUNICIPAL MANAGEMENT DISTRICT NO. 2

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 3867.001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "City" means the City of Pearland.

(3) "County" means Brazoria County.

(4) "Director" means a board member.

(5) "District" means the Pearland Municipal

Management District No. 2.

Sec. 3867.002. NATURE OF DISTRICT. The Pearland Municipal

Management District No. 2 is a special district created under

Section 59, Article XVI, Texas Constitution.

Sec. 3867.003. PURPOSE; DECLARATION OF INTENT. (a) The

creation of the district is essential to accomplish the purposes of

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

Texas Constitution, and other public purposes stated in this

chapter. By creating the district and in authorizing the city, the

county, and other political subdivisions to contract with the

district, the legislature has established a program to accomplish

the public purposes set out in Section 52-a, Article III, Texas

Constitution.

(b) The creation of the district is necessary to promote,

develop, encourage, and maintain employment, commerce,

transportation, housing, tourism, recreation, the arts,

entertainment, economic development, safety, and the public

welfare in the district.

interpreted to relieve the city or the county from providing the

level of services provided as of the effective date of the Act

enacting this chapter to the area in the district. The district is

created to supplement and not to supplant city or county services

provided in the district.

Sec. 3867.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.

(a) The district is created to serve a public use and benefit.

(b) All land and other property included in the district

will benefit from the improvements and services to be provided by

the district under powers conferred by Sections 52 and 52-a,

Article III, and Section 59, Article XVI, Texas Constitution, and

other powers granted under this chapter.

and is essential to further the public purposes of:

(1) developing and diversifying the economy of the

state;

(2) eliminating unemployment and underemployment; and

(3) developing or expanding transportation and

commerce.

(d) The district will:

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

residents, employers, potential employees, employees, visitors,

and consumers in the district, and of the public;

(2) provide needed funding for the district to

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

the district territory as a community and business center;

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

of the public by providing pedestrian ways and by landscaping and

developing certain areas in the district, which are necessary for

the restoration, preservation, and enhancement of scenic beauty;

and

(4) provide for street or road and recreational

facilities and improvements, including related drainage

facilities, for the district.

(e) Pedestrian or other nonmotorized vehicle 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. 3867.005. INITIAL DISTRICT TERRITORY. (a) The

district is initially composed of the territory described by

Section 2 of the Act enacting this chapter.

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

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

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

does not affect the district's:

(1) organization, existence, or validity;

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

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

interest on the bond;

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

(4) legality or operation.

Sec. 3867.006. 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. 3867.007. APPLICABILITY OF MUNICIPAL MANAGEMENT

DISTRICTS LAW. Except as otherwise provided by this chapter,

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

Sec. 3867.008. 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. 3867.051. GOVERNING BODY; TERMS. (a) The district is

governed by a board of seven voting directors who serve staggered

terms of four years, with three or four 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 and the governing body of the city

consents to the change. The board may not consist of fewer than 5 or

more than 15 voting directors.

Sec. 3867.052. APPOINTMENT OF VOTING DIRECTORS. The

governing body of the city shall appoint voting directors from

persons recommended by the board. A person is appointed if a

majority of the members of the governing body of the city vote to

appoint that person.

Sec. 3867.053. NONVOTING DIRECTORS. The board may appoint

nonvoting directors to serve at the pleasure of the voting

directors.

Sec. 3867.054. 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. 3867.055. INITIAL VOTING DIRECTORS. (a) The initial

board consists of the following voting directors:

Pos. No.

Name of Director

Teir Allender

Steve Chandler

Will Deane

Stephanie King

John Moody

Rushi Patel

Sylvester L. Roeder III

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

appointed for positions one through four expire June 1, 2015, and

the terms of directors appointed for positions five through seven

expire June 1, 2017.

(d) This section expires September 1, 2017.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 3867.101. GENERAL POWERS AND DUTIES. The district has

the powers and duties necessary to accomplish the purposes for

which the district is created.

Sec. 3867.102. 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. 3867.103. 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. 3867.104. NONPROFIT CORPORATION. (a) The board by

resolution may authorize the creation of a nonprofit corporation to

assist and act for the district in implementing a project or

providing a service authorized by this chapter.

(b) The nonprofit corporation:

(1) has each power of and is considered to be a local

government corporation created under Subchapter D, Chapter 431,

Transportation Code; and

(2) may implement any project and provide any service

authorized by this chapter.

nonprofit corporation. The board of directors of the nonprofit

corporation shall serve in the same manner as the board of directors

of a local government corporation created under Subchapter D,

Chapter 431, Transportation Code, except that a board member is not

required to reside in the district.

Sec. 3867.105. 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. 3867.106. LAW ENFORCEMENT AND SECURITY SERVICES. To

protect the public interest, the district may provide security

services or contract with a qualified party, including the county

or the city, to provide law enforcement services in the district for

a fee.

Sec. 3867.107. 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. 3867.108. ECONOMIC DEVELOPMENT. (a) The district may

engage in activities that accomplish the economic development

purposes of the district.

(b) The district may establish and provide for the

administration of one or more programs to promote state or local

economic development and to stimulate business and commercial

activity in the district, including programs to:

(1) make loans and grants of public money; and

(2) provide district personnel and services.

and exercise the economic development powers provided to

municipalities by:

(1) Chapter 380, Local Government Code; and

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

Sec. 3867.109. PARKING FACILITIES. (a) The district may

acquire, lease as lessor or lessee, construct, develop, own,

operate, and maintain parking facilities or a system of parking

facilities, including lots, garages, parking terminals, or other

structures or accommodations for parking motor vehicles off the

streets and related appurtenances.

(b) The district's parking facilities serve the public

purposes of the district and are owned, used, and held for a public

purpose even if leased or operated by a private entity for a term of

years.

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

or road improvement.

(d) The development and operation of the district's parking

facilities may be considered an economic development program.

Sec. 3867.110. ANNEXATION OF LAND. The district may annex

land as provided by Subchapter J, Chapter 49, Water Code.

Sec. 3867.111. APPROVAL BY CITY. (a) Except as provided

by Chapter 375, Local Government Code, the district must obtain the

approval of the city for:

(1) the issuance of bonds;

(2) the annexation or exclusion of land;

(3) the plans and specifications of an improvement

project financed by bonds; and

(4) the plans and specifications of an improvement

project related to the use of land owned by the city, an easement

granted by the city, or a right-of-way of a street, road, or

highway.

(b) The district may not issue bonds or annex or exclude

land until the governing body of the city adopts a resolution or

ordinance authorizing the issuance of the bonds or the annexation

or exclusion of the land.

(1) is not required to adopt a resolution or ordinance

to approve plans and specifications described by Subsection (a);

and

(2) may establish an administrative process to approve

plans and specifications described by Subsection (a) without the

involvement of the governing body.

Sec. 3867.112. NO EMINENT DOMAIN POWER. The district may

not exercise the power of eminent domain.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS

Sec. 3867.151. 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. 3867.152. 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. 3867.153. PETITION REQUIRED FOR FINANCING SERVICES AND

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

service or improvement project with assessments under this chapter

unless a written petition requesting that service or improvement

has been filed with the board.

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

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

the district subject to assessment according to the most recent

certified tax appraisal roll for the county.

Sec. 3867.154. 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.

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. 3867.155. TAX AND ASSESSMENT ABATEMENTS. The district

may designate reinvestment zones and may grant abatements of a tax

or assessment on property in the zones.

SUBCHAPTER E. TAXES AND BONDS

Sec. 3867.201. 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 3867.203.

(b) The district must hold an election in the manner

provided by Subchapter L, Chapter 375, Local Government Code, to

obtain voter approval before the district may impose an ad valorem

tax or issue bonds payable from ad valorem taxes.

to the district.

(d) All or any part of any facilities or improvements that

may be acquired by a district by the issuance of its bonds may be

submitted as a single proposition or as several propositions to be

voted on at the election.

Sec. 3867.202. OPERATION AND MAINTENANCE TAX. (a) If

authorized by a majority of the district voters voting at an

election held in accordance with Section 3867.201, 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.

Sec. 3867.203. 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. 3867.204. 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.

Sec. 3867.205. 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.

Sec. 3867.206. TAXES AND BONDS FOR RECREATIONAL FACILITIES.

(a) 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.

(b) Section 49.107(h), Water Code, does not apply to the

district.

Sec. 3867.207. CITY NOT REQUIRED TO PAY DISTRICT

OBLIGATIONS. Except as provided by Section 375.263, Local

Government Code, the city is not required to pay a bond, note, or

other obligation of the district.

SECTION 2. The Pearland Municipal Management District No. 2

initially includes all territory contained in the following area:

BEING 1,483 acres, more or less, of land within the City

Limits of Pearland, Texas, located in the H. T. & B. R. R. Co.

Survey, Abstract No. 300, the J. W. Maxcy Survey, Abstract No. 675,

the R. B. Lyle Survey, Abstract No. 539, the W. W. Dupuy and L. F.

Roberts Survey, Abstract No. 726, the H. T. & B. R. R. Co. Survey,

Abstract No. 304, the W. M. Morris Survey, Abstract No. 344, the J.

Crawley Survey, Abstract No.174 and the D. White Survey, Abstract

No. 747, Brazoria County, Texas and also located in the James

Hamilton Survey, Abstract No. 881, Harris County, Texas, said 1,483

acres being more particularly described as follows:

BEGINNING at the southeast corner of SOUTHGATE SECTION ONE, a

subdivision of record in Volume 24, Pages 123-126 of the Plat

Records of Brazoria County, Texas (B.C.P.R.) on the northerly

right-of-way line of County Road 59 (width varies);

THENCE NORTHERLY, 2,574 feet more or less, along the east

line of said SOUTHGATE SECTION ONE and the east line of SOUTHGATE

SECTION TWO, a subdivision of record in Volume 24, Pages 278-279,

B.C.P.R. to the northeast corner of said SOUTHGATE SECTION TWO;

THENCE WESTERLY, 2,642 feet more or less, along the north

line of said SOUTHGATE SECTION TWO to a point on the west line of

said SOUTHGATE SECTION ONE for the southwest corner of Restricted

Reserve "A" of said SOUTHGATE SECTION ONE;

THENCE NORTHERLY, 1,175 feet more or less, along said west

line to the southwest corner of the MINOR PLAT OF KIRBY WATER PLANT

SITE AND FIRE STATION NO. 5, a subdivision of record under Document

Number 2008029867 of the Official Public Records of Brazoria

County, Texas (B.C.O.P.R.)

THENCE EASTERLY, 626 feet more or less, to the southeast

corner of said MINOR PLAT;

THENCE NORTHEASTERLY, 335 feet more or less, to the northeast

corner of said MINOR PLAT;

THENCE WESTERLY, 776 feet more or less, to the northwest

corner of said MINOR PLAT and being the southwest corner of the

remainder of a called 13.380 acre tract of land conveyed to Pearland

Town Center Limited Partnership as recorded under Document Number

2006071333 of the Official Records of Brazoria County, Texas

(B.C.O.R.);

THENCE NORTHERLY, 1,231 feet more or less, along the west

line of said remainder and the west line of KIRBY CROSSING SECTION

ONE, a subdivision of record under Document Number 2012041370,

B.C.O.R., to the south right-of-way line and crossing to the north

right-of-way line of F.M. 518 (120' wide);

THENCE WESTERLY, 597 feet more or less, along said north

right-of-way line to the southeast corner of SF-18B, a subdivision

of record in Volume 23, Pages 393-396, B.C.P.R.;

THENCE NORTHERLY, 1,053 feet more or less, along the east

line of said SF-18B to the south line of SF-15, a subdivision of

record in Volume 23, Pages 265-268, B.C.P.R.;

THENCE EASTERLY, 1,566 feet more or less, along said south

line to the west right-of-way line and crossing to the east

right-of-way line of Kirby Drive (100' wide);

THENCE SOUTHERLY, 634 feet more or less, along said east

right-of-way line to the northwest corner of SHADOW CREEK RANCH

COMMERCIAL SITE NO. 3, a subdivision of record under Document

Number 2006023374, B.C.O.R.;

THENCE SOUTHEASTERLY, 789 feet more or less, along the

northeast line of said SHADOW CREEK RANCH COMMERCIAL SITE NO. 3 to

the southeast corner of same on the north right-of-way line of the

aforementioned F.M. 518;

THENCE EASTERLY, 162 feet more or less, along said north

right-of-way line to the southeast corner of SF-16B, a subdivision

of record in Volume 23, Pages 273-276, B.C.P.R.;

THENCE NORTHERLY, 2,448 feet more or less, along the east

line of said SF-16B, SF-16A, a subdivision of record in Volume 23,

Pages 269-272, B.C.P.R. and SF-14B, a subdivision of record in

Volume 23, Pages 261-264, B.C.P.R to the southwest corner of the

MINOR SUBDIVISION PLAT OF DISCOVERY AT SHADOW CREEK RANCH, a

subdivision of record under Document Number 2009049537, B.C.O.R.;

THENCE EASTERLY, 1,486 feet more or less, along the south

line of said MINOR SUBDIVISION PLAT OF DISCOVERY AT SHADOW CREEK

RANCH, to the northwest corner of Lot "A" of the AMENDING PLAT OF

SHADOW CREEK TOWN CENTER, a subdivision of record under Document

Number 2007002505, B.C.O.R.;

THENCE SOUTHERLY, 960 feet more or less, along the west line

of said Lot "A" and the easterly right-of-way line of Business

Center Drive as shown on said AMENDING PLAT OF SHADOW CREEK TOWN

CENTER to the intersection of said Business Center Drive and

Memorial Herman Drive as shown on said AMENDING PLAT OF SHADOW CREEK

TOWN CENTER, same being the southerly southwest corner of said Lot

"A";

THENCE EASTERLY, 1,149 feet more or less, along the north

right-of-way line of said Memorial Herman Drive to the easterly

southeast corner of said Lot "A", said point being on the westerly

right-of-way line of SH 288;

THENCE NORTHERLY, 1,609 feet more or less, along said

westerly right-of-way line to the northeast corner of that certain

called 13.100 acre tract conveyed to Memorial Herman by an

instrument of record under Document Number 2008000334, B.C.O.R.;

THENCE WESTERLY, 874 feet more or less, departing said

westerly right-of-way line and along the north line of said 13.100

acre tract to the westerly right-of-way line of Business Center

Drive (100' wide) as shown on SHADOW CREEK RANCH BUSINESS CENTER

DRIVE EXTENSION, a subdivision of record in Volume 24, Pages

392-393, B.C.O.R.;

THENCE NORTHERLY, 3,751 feet more or less, along said

westerly right-of-way line and along the westerly right-of-way line

of said Business Center Drive, as shown on SHADOW CREEK RANCH

BUSINESS CENTER DRIVE AND MEDICAL CENTER DRIVE, a subdivision of

record in Volume 24, Pages 251-252, B.C.O.R. to a point opposite of

the northwest corner of Restricted Reserve "B" as shown on SHADOW

CREEK RANCH BUSINESS CENTER DRIVE AND MEDICAL CENTER DRIVE;

THENCE EASTERLY, 90 feet, departing said west right-of-way

line to the northwest corner of said Restricted Reserve "B";

THENCE EASTERLY, 72 feet more or less, along the northerly

line of said Restricted Reserve "B" to the southeast corner of said

Restricted Reserve "B", said point being on the northerly

right-of-way line of Medical Center Drive (100' wide) as shown on

SHADOW CREEK RANCH BUSINESS CENTER DRIVE AND MEDICAL CENTER DRIVE;

THENCE EASTERLY, 1,550 feet more or less, along the northerly

right-of-way line of said Medical Center Drive to a point on the

westerly right-of-way line of SH 288, same being the easterly line

of that certain called 48.00 acre tract conveyed to H.C.A. HEALTH

SERVICES OF TEXAS, INC. by an instrument of record under File Number

02-063451, B.C.O.R.;

THENCE NORTHERLY, 764 feet more or less, along said westerly

right-of-way line and the easterly line of said 48.00 acre tract to

the south corner of that certain called 2.266 acre tract conveyed to

SHADOW CREEK RANCH MAINTENANCE ASSOCIATION by an instrument of

record under File Number 01-048774, B.C.O.R.;

THENCE NORTHERLY, 1,014 feet more or less, along the easterly

line of said 48.00 acre tract to the northwest corner of said 2.266

acre tract, said point being on the southerly line of F.M. 2234 -

Shadow Creek Parkway (width varies);

THENCE WESTERLY, 978 feet more or less, along the north line

of said 48.00 acre tract to the northwest corner of said 48.00 acre

tract, said point being the northeast corner of Business Center

Drive (width varies at this point);

THENCE SOUTHERLY, 925 feet more or less, along the west line

of said 48.00 acre tract and the easterly right-of-way line of

Business Center Drive to a point opposite the southeast corner of

that certain called 17.5691 acre tract of land conveyed to GLOBAL

NEW MILLENIUM PARTNERS, LTD. by the instrument of record under

Document Number 2009057174, B.C.O.P.R.;

THENCE WESTERLY, 1,113 feet more or less, along the south

line of said called 17.5691 acre tract to the southwest corner of

the same;

THENCE NORTHERLY, 769 feet more or less, along the west line

of said called 17.5691 acre tract to the most westerly northwest

corner of the same;

THENCE NORTHEASTERLY, 429 feet more or less, along the

northwest line of said called 17.5691 acre tract to the south

right-of-way line and crossing to the north right-of-way line of

F.M. 2234 - Shadow Creek Parkway (160.00' wide);

THENCE EASTERLY, 464 feet more or less, along said north

right-of-way line, same being the south line of SHADOW CREEK RANCH

COMMERCIAL SITE NO. 18B, a subdivision of record under Document

Number 2007035195, B.C.O.P.R., to the southeast corner of said SITE

18B;

THENCE NORTHERLY, 515 feet more or less, along the east line

of said SITE 18B to a point on the south line of SHADOW CREEK

MARKETPLACE, a subdivision of record under Document Number

2008001974, B.C.O.P.R.

THENCE EASTERLY, 60 feet more or less, along said south line

to a point on the west right-of-way line of Business Center Drive

(100' wide);

THENCE NORTHERLY, 101 feet more or less, along said west

right-of-way line to a point on the north line of said SHADOW CREEK

MARKETPLACE;

THENCE NORTHEASTERLY, 1,674 feet more or less, along said

north line to a point on the south line of a called 48.4712 acre

tract of land conveyed to AMEGY MORTGAGE COMPANY, L.L.C., by the

instrument of record under Document Number 2010023540, B.C.O.P.R.;

THENCE EASTERLY, 792 feet more or less, along the south line

of said called 48.4712 acre tract to the west right-of-way line of

State Highway 288;

THENCE NORTHERLY, 4,620 feet more or less, along said west

right-of-way line to a point on the south right-of-way line of

Beltway 8, same being the Northern City Limit Line of

Pearland,Texas;

THENCE EASTERLY, 2,623 feet more or less, along said City

Limit Line, crossing and to a point on the east side of said State

Highway 288 for the northwest corner of the MINOR SUBDIVISION PLAT

OF REC-TIME SUBDIVISION, a subdivision of record under Film Code

600053 of the Harris County Map Records, (H.C.M.R.);

THENCE SOUTHERLY, 1,290 feet more or less, along the west

line of said MINOR SUBDIVISION PLAT OF REC-TIME SUBDIVISION to the

north line of TOM BASS PARK;

THENCE WESTERLY, 679 feet more or less, to the west line of

said PARK;

THENCE SOUTHERLY, 2,966 feet more or less, along said west

line to the north line of THE LAKES AT COUNTRYPLACE SECTION EIGHT, a

subdivision of record in Volume 21, Pages 173-174, B.C.P.R.;

THENCE WESTERLY, 116 feet more or less, SOUTHERLY 207 feet

more or less and WESTERLY 439 feet more or less, along said north

line to a point on the east right-of-way line of the aforementioned

State Highway 288;

THENCE SOUTHERLY to SOUTHEASTERLY, 1,682 feet more or less,

along said east right-of-way line to the north right-of-way line of

the aforementioned F.M. 2234-Shadow Creek Parkway;

THENCE EASTERLY, 250 feet more or less, along said north

right-of-way line to a point at the intersection with the east

right-of-way line of County Road 94 (100' wide) projected north;

THENCE SOUTHERLY, 3,536 feet more or less, along said east

right-of-way line to the northwest corner of SOUTHDOWN COMMERCIAL

RESERVE TRACT A, a subdivision of record in Volume 17, Pages

151-152, B.C.P.R.;

THENCE EASTERLY, 381 feet more or less, along the north line

of said SOUTHDOWN COMMERCIAL RESERVE TRACT A and SOUTHDOWN

COMMERCIAL RESERVE TRACT B, a subdivision of record in Volume 20,

Pages 225-226, B.C.P.R. to the northeast corner of said TRACT B;

THENCE SOUTHERLY, 264 feet more or less, along the east line

of said TRACT B to the north right-of-way line and crossing to the

south right-of-way line of Hughes Ranch Road (70' wide);

THENCE EASTERLY, 758 feet more or less, along said south

right-of-way line to the northwest corner of SERENE GARDENS, a

subdivision of record under Document Number 2012007617,

B.C.O.P.R.;

THENCE SOUTHERLY, 970 feet more or less, along the west line

of said SERENE GARDENS to the southwest corner of the same;

THENCE EASTERLY, 417 feet more or less, along the south line

of said SERENE GARDENS to the southeast corner of the same and being

on the west line of AUTUMN LAKE SECTION 2, a subdivision of record

in Volume 23, Pages 43-44, B.C.P.R.;

THENCE SOUTHERLY, 2,972 feet more or less, along said west

line of AUTUMN LAKE SECTION 2, AUTUMN LAKE SECTION 1, a subdivision

of record in Volume 21, Pages 111-116, B.C.P.R. and AUTUMN LAKE

SECTION 3, a subdivision of record in Volume 24, Page 19, B.C.P.R.

to the southwest corner of said SECTION 3;

THENCE EASTERLY, 906 feet more or less, along the south line

of said SECTION 3 to the southeast corner of the same being on the

east line of Lot 29 of the Allison-Richey Gulf Coast Home Company of

Suburban Gardens Subdivision, Section 85, a subdivision of record

in Volume 2, Page 107, B.C.P.R.;

THENCE SOUTHERLY, 1,283 feet more or less, along the east

line of said Lot 29 and Lot 30 of said Allison-Richey Subdivision,

same being the HOME DEPOT tract to the north right-of-way line of

F.M. 518 (130' wide at this point);

THENCE SOUTHWESTERLY, 154 feet more or less, crossing said

F.M. 518 to the south right-of-way line of the same;

THENCE SOUTHERLY, 420 feet more or less, over and across

SILVERLAKE COMMERCIAL PARK PHASE II, a subdivision of record in

Volume 20, Pages 99-100, B.C.P.R. to an angle point in the south

line of said SILVERLAKE COMMERCIAL PARK PHASE II;

THENCE WESTERLY, 520 feet more or less, along the south line

of said SILVERLAKE COMMERCIAL PARK PHASE II, passing the southwest

corner of the same on the east right-of-way line and crossing to the

west right-of-way line of the aforementioned County Road 94 (100'

wide);

THENCE SOUTHERLY, 280 feet more or less, along said west

right-of-way line to the southeast corner of SILVERLAKE COMMERCIAL

PARK PHASE VII, a subdivision of record in Volume 21, Pages 39-40,

B.C.P.R.;

THENCE WESTERLY, 570 feet more or less, along the south line

of said PHASE VII to the most easterly southeast corner of

SILVERLAKE POWER CENTER, a subdivision of record in Volume 21,

Pages 351-352, B.C.P.R.;

THENCE SOUTHWESTERLY, 2,248 feet more or less, along the

south and southeast line of said SILVERLAKE POWER CENTER to the most

westerly corner of SCOFIELD SECTION 1 AT SILVERLAKE, a subdivision

of record in Volume 20, Pages 299-300, B.C.P.R.;

THENCE SOUTHEASTERLY, 911 feet more or less, along the

southwest line of said SCOFIELD SECTION 1 to the westerly

right-of-way line of the aforementioned County Road 94;

THENCE SOUTHERLY, 3,012 feet more or less, along said

westerly right-of-way line to the north right-of-way line of the

aforementioned County Road 59;

THENCE WESTERLY, 451 feet more or less, along said north

right-of-way line to an angle point on the same and being common

with the east right-of-way line of the aforementioned State Highway

288;

THENCE NORTHWESTERLY, 389 feet more or less, along said east

right-of-way line to an angle point;

THENCE WESTERLY, 509 feet more or less, crossing said State

Highway 288 to an angle point on the west right-of-way line of the

same;

THENCE SOUTHWESTERLY, 381 feet more or less, along said west

right-of-way line to an angle point on the same and being common

with the north right-of-way line of the aforementioned County Road

59;

THENCE WESTERLY, 936 feet more or less, along said north

right-of-way line to the POINT OF BEGINNING and containing 1,483

acres, more or less, 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.

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. 863 passed the Senate on

April 18, 2013, by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 863 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