Bill Text: TX HB2625 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to the creation of the Montgomery County Municipal Utility District No. 158; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Sponsorship: Partisan Bill (Republican 1)

Status: (Engrossed - Dead) 2017-05-05 - Received from the House [HB2625 Detail]

Download: Texas-2017-HB2625-Introduced.html

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85R10834 SLB-F
By: Bell H.B. No. 2625

A BILL TO BE ENTITLED
relating to the creation of the Montgomery County Municipal Utility
District No. 158; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 7986 to read as follows:
CHAPTER 7986. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
No. 158
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7986.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Montgomery County Municipal
Utility District No. 158.
Sec. 7986.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7986.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 7986.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 7986.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 7986.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7986.006. 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 made 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 a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7986.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7986.052, directors serve
staggered four-year terms.
Sec. 7986.052. TEMPORARY DIRECTORS. (a) On or after
September 1, 2017, the owner or owners of a majority of the assessed
value of the real property in the district may submit a petition to
the commission requesting that the commission appoint as temporary
directors the five persons named in the petition. The commission
shall appoint as temporary directors the five persons named in the
petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7986.003; or
(2) September 1, 2021.
(c) If permanent directors have not been elected under
Section 7986.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 7986.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission 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. 7986.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7986.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 7986.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7986.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
project must meet all applicable construction standards, zoning and
subdivision requirements, and regulations of each municipality in
whose corporate limits or extraterritorial jurisdiction the road
project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 7986.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7986.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 7986.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 7986.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7986.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 7986.153. 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.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 7986.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 7986.202. 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 ad valorem tax, without limit as to rate or amount, while 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. 7986.203. 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.
SECTION 2. The Montgomery County Municipal Utility District
No. 158 initially includes all the territory contained in the
following area:
Tract One
Being a 134.09 acres of land located in the W. L. Goss Survey,
Abstract No. 739, T.N.N.O.R.R. Co. Survey, Abstract No. 566, R.J
Goss Survey, Abstract No. 719 and the T.N.N.O.R.R. Co. Survey,
Abstract No. 572, Montgomery County, Texas, more particularly
being all of that certain called 134.091 acre tract (described as
Tract 1) conveyed to Pilot Land Acquisitions, LLC by an instrument
of record in Document Number 2016040394 of the Official Public
Records of said Montgomery County (M.C.O.P.R.) said 134.09 acre
tract being more particularly described by metes and bounds as
follows (Bearings based on Texas Coordinate System, Central Zone,
NAD83 (NA2011) Epoch 2010.00):
BEGINNING at the west corner of said 134.091 acre tract, same
being the northwest corner of that certain Old Houston Acres
Subdivision, Section Three, described in Cabinet Z, Pages 700-703
of the Map Records of said Montgomery County, (M.C.M.R.), same
being on the east right of way line of that certain Old Houston Road
(called 120 feet wide) from which a found 1/2-inch iron rod bears
South 71° 48' 33" East, 8.03 feet;
Thence, North 18° 52' 30" East, along the west line of said
134.091 acre tract, and the east right of way line of said Old
Houston Road, 683.55 feet to a 5/8-inch iron rod found for the most
westerly northwest corner of said 134.091 acre tract, same being
the southwest corner of that certain Jewel Scott called 15.6 acre
tract of land, described in File Number 9314164 of the Official
Public Records of Real Property of said Montgomery County
(M.C.O.P.R.R.P.);
Thence, North 87° 02' 18" East, along the most westerly north
line of said 134.091 acre tract, and the south line of said 15.6
acre tract, 246.38 feet to a axel found for an interior corner of
said 134.091 acre tract, same being the southeast corner of said
15.6 acre tract;
Thence, North 03° 06' 18" West, along the most northerly west
line of said 134.091 acre tract, same being the East line of said
15.6 acre tract, 613.49 feet to a 1/2-inch iron rod found for an
angle point, same being the north corner of said 15.6 acre tract and
on the east right-of-way line of said Old Houston Road;
Thence, North 18° 56' 31" East, continuing along the most
northerly east line of said 134.091 acre tract and the east right of
way line of said Old Houston Road, 120.01 feet to a 1/2-inch iron
rod found for the north corner of said 134.091 acre tract, same
being a southwesterly corner of that certain Deegan Enterprise, LLC
called 26.000 acre tract described in File Number 2004-087460,
M.C.O.P.R.R.P.;
Thence, South 70° 59' 58" East, along the most northerly north
line of said 134.091 acre tract, same being a southerly line of said
Deegan Enterprise called 26.000 acre tract, 167.03 feet to a
1/2-inch iron rod found for the most northerly northeast corner of
said 134.091 acre tract, same being an interior corner of said
Deegan Enterprise called 26.000 acre tract;
Thence, South 03° 07' 23" East, along the most northerly east
line of said 134.091 acre tract on a west line of said Deegan
Enterprise called 26.000 acre tract, 541.16 feet to a 5/8-inch iron
rod found for an angle point on the westerly line of said Deegan
Enterprise called 26.000 acre tract;
Thence, South 48° 05' 54" East, along the northeast line of
said 134.091 acre tract and a southwest line of said Deegan
Enterprise called 26.000 acre tract, 169.75 feet to an axel found
for an angle point on the north line of said 134.091 acre tract on
the south line of said Deegan Enterprise called 26.000 acre tract;
Thence, North 86° 48' 40" East, along the north line of said
134.091 acre tract and the south line of said Deegan Enterprise
called 26.000 acre tract, 2,700.72 feet to a 1/2-inch iron rod found
for the northeast corner of said 134.091 acre tract, same being an
interior corner of said Deegan Enterprise called 26.000 acre tract;
Thence, South 02° 45' 30" East, along the east line of said
134.091 acre tract and a west line of said Deegan Enterprise called
26.000 acre tract, 1,850.01 feet to a 1/2-inch iron rod found for
the southeast corner of said 134.091 acre tract, same being the
southwest corner of said Deegan Enterprise called 26.000 acre tract
on the north line of that certain Fred R. Stalling and Joyce P.
Stallings called 72.657 acre tract of land, described in File
Number 2012123297, M.C.O.P.R.;
Thence, South 86° 48' 28" West, along the south line of said
134.091 acre tract and the north line of said Stallings called
72.657 acre tract, that certain Scott W. Harris and Karen C. Harris
called 27.7844 acre tract of land, described in File Number
2009-016393, M.C.O.P.R.R.P., that certain John P. Sherrill and
wife, Samantha S. Sherrill called Residue of 91.9970 acre tract of
land, described in File Number 9513551 M.C.O.P.R. R.P. and that
certain Patsy M. Graham called 100.00 acre tract of land, described
in File Number 2003-135100 M.C.O.P.R. R.P., passing at a distance
of 320.22 feet a 1/2-inch iron rod, passing at a distance of 890.42
feet to a 1/2-inch iron rod bearing South 03° 11' 32" East a distance
of 0.21 feet offline and continuing in all a total distance of
2,842.37 feet to a 1/2-inch iron rod found for the southwest corner
of said 134.091 acre tract, same being the northwest corner of said
Graham called 100.00 acre tract on the east line of the
aforementioned Old Houston Acres, Section Three subdivision;
Thence, North 02° 44' 38" West, along the southerly west line
of said 134.091 acre tract, and the east line of said Old Houston
Acres, Section Three, Block No. 1, passing at a distance of 180.13
feet to a found capped iron rod marked "Jeff Moon RPLS 4639" a
distance of 0.67 feet offline, passing at a distance of 686.98 feet
to a found capped iron rod marked "Jeff Moon RPLS 4639" a distance
of 0.54 feet offline, passing at a distance of 775.85 feet to a
found capped iron rod marked "Jeff Moon RPLS 4639" a distance of
0.49 feet offline and continuing in all a total distance of 953.20
feet to a 1/2-inch iron rod found for an interior corner of said
134.091 acre tract, same being the Northeast corner of said Old
Houston Acres, Section Three;
Thence, North 71° 48' 33" West, along the westerly south line
of said 134.091 acre tract, and the north line of said Old Houston
Acres, Section Three, 724.86 feet to the POINT OF BEGINNING and
containing 134.09 acres of land.
Tract Two
Being 461.19 acres of land located in the John Smither
Survey, Abstract 521, the T. & N. O. R.R. Co. Survey, Abstract 566,
and the Benjamin B. Foster Survey, Abstract 785, Montgomery County,
Texas, more particularly being all of that certain called 312.7
acre tract (described as Tract 6) conveyed to Pilot Land
Acquisitions, LLC by an instrument of record in Document Number
2016040394 of the Official Public Records of Montgomery County,
Texas (M.C.O.P.R.) and a portion of that certain called 772.7 acre
tract (described as Tract 3) conveyed to Pilot Land Acquisitions,
LLC by an instrument of record in said Document Number 2016040394,
M.C.O.P.R., said 461.19 acre tract being more particularly
described by metes and bounds as follows (Bearings based on Texas
Coordinate System, Central Zone, NAD83 (NA2011) Epoch 2010.00);
BEGINNING at a brass disk in concrete stamped "FLC" found for
the southeast corner of said John Smither Survey, Abstract 521, the
northeast corner of the Samuel V. Lamothe Survey, Abstract 333, the
southwest corner of Lot 6, Block 1 of Oak Tree Section One, a
subdivision of record in Cabinet Y, Sheets 28 through 30 of the Map
Records of Montgomery County, Texas (M.C.M.R.), and the southeast
corner of said 772.7 acre tract on the west survey line of said T. &
N. O. R.R. Co. Survey;
Thence, South 85° 24' 01" West, with the common survey line of
said John Smither Survey and said Samuel V. Lamothe Survey, the
south line of said 772.7 acre tract and a northerly line of said Oak
Tree Section One, at 140.50 feet pass a found 1/2-inch iron rod with
cap stamped "Jeff Moon RPLS 4639", and continuing in all 202.89 feet
to a brass disk in concrete stamped "CP & FM 295" found for the
common north corner of said Oak Tree Section One and that certain
called 14.6924 acre tract conveyed to Paul McQueen by an instrument
of record under Volume 1095, Page 696 of the Deed Records of
Montgomery County, (M.C.D.R.);
Thence, South 86° 53' 28" West, continuing with said common
survey line, the south line of said 772.7 acre tract, the north line
of said 14.6924 acre tract, and that certain called 1.3834 acre
tract conveyed to Sam W. Baker, Trustee by an instrument of record
under Document Number 2010088724, M.C.O.P.R., at 791.47 feet pass a
found 5/8-inch iron rod, and continuing in all a total distance of
1,549.11 feet to a point for the northwest corner of said 1.3834
acre tract and on the northerly right-of-way line of FM 1314, from
which a found bent 5/8-inch iron rod bears South 56° 52' 47" West,
0.31 feet;
Thence, with the northerly right-of-way line of said FM 1314
and the southwesterly line of said 772.7 acre tract, the following
three (3) courses:
1. North 63° 11' 02" West, 426.37 feet to a 5/8-inch iron rod
with cap stamped "LJA ENG" found for corner, the beginning of a
curve;
2. 354.89 feet along the arc of a tangent curve to the left,
having a radius of 5,809.58 feet, a central angle of 03° 30' 00" and
a chord which bears North 64° 56' 02" West, 354.83 feet to a 5/8-inch
iron rod with cap stamped "LJA ENG" found for corner;
3. North 66° 41' 02" West, at 116.49 feet pass a found bent
5/8-inch iron rod bears South 64° 46' 13" West, 0.18 feet,
continuing in all a total distance of 891.28 feet to a point for
corner;
Thence, North 45° 49' 56" East, departing said northerly
right-of-way line, over and across the aforementioned 772.7 acre
tract, 4,289.20 feet to a point for corner on the common east line
of said 772.7 acre tract and the west line of that certain called
86.659 acre tract conveyed to Darrell Dudczak by an instrument of
record under File Number 2004-128243 of the Official Public Records
of Real Property of said Montgomery County (M.C.O.P.R.R.P.), said
point being on the common survey line of said Benjamin B. Foster
Survey and the W. C. Clark Survey, Abstract 732;
Thence, South 03° 00' 30" East, along the west line of said
86.659 acre tract and its extension and the east line of said 772.7
acre tract, 922.30 feet to a brass disk in concrete stamped "FLC"
found for the northwest corner of the aforementioned 312.7 acre
tract, same point being the common west corner of said W. C. Clark
Survey and the T. & N. O. R.R. Co. Survey, Abstract 566 and the
common east corner of the Benjamin B. Foster Survey, and the
aforementioned John Smither Survey;
Thence, with the north line of said 312.7 acre tract and said
common survey line the following three (3) courses:
1. North 87° 14' 54" East, 1,440.11 feet to a concrete
monument found for the southwest corner of that certain called
15.17 acre tract conveyed to Jessie C. Farmer and wife Carrie S.
Farmer, as Trustees under the Jessie Farmer and Carrie Sue Farmer
Revocable Trust by an instrument of record under File Number
99013631, M.C.O.P.R.R.P.;
2. North 86° 33' 36" East, with the southerly line of said
15.17 acre tract, 1,401.58 feet to a concrete monument found for the
common south corner of said 15.17 acre tract and that certain called
15.6 acre tract conveyed to Katy Holt by an instrument of record
under File Number 2005-097233, M.C.O.P.R.R.P.;
3. North 86° 59' 50" East, with the southerly line of said
15.6 acre tract, the southerly line of that certain called 15.6 acre
tract conveyed to John Edward Panzarella, Robert L. Panzarella,
Sandre Paulette Lowry, and Carl Panzarella, Jr. by an instrument of
record under Document Number 2010049469, M.C.O.P.R., and the
southerly line of the residue of that certain called 15.6 acre tract
conveyed to Jewel Oleta Scott and Husband A. G. Scott by an
instrument of record under Volume 492, Page 539, M.C.D.R., 2,533.37
feet to a 5/8-inch iron rod found for the northeast corner of said
312.7 acre tract, said point being on the westerly right-of-way
line of Old Houston Road (called 120 feet wide) described in Volume
969, Page 305, M.C.D.R.;
Thence, with the easterly line of said 312.7 acre tract and
said westerly right-of-way line the following three (3) courses:
1. South 18° 54' 01" West, 2,504.88 feet to a found 1/2-inch
iron rod with cap stamped "Montgomery and Associates", the
beginning of a curve;
2. 855.83 feet along the arc of a tangent curve to the left,
having a radius of 2,973.51 feet, a central angle of 16° 29' 27", and
a chord which bears South 10° 39' 18" West, 852.88 feet to a 5/8-inch
iron rod with cap stamped "LJA ENG" set for corner from which a
found 5/8-inch iron rod bears South 00° 52' 56" East, 9.24 feet;
3. South 02° 24' 34" West, 376.98 feet to a 1/2-inch iron rod
found for the common easterly corner of said 312.7 acre tract and
Lot 1, Block 2 of Old Houston Acres Section One, a subdivision of
record in Cabinet S, Sheets 16-19, M.C.M.R., said point being on the
common survey line of the aforementioned T. & N. O. R.R. Co. Survey,
Abstract 566 and the Ruben Copeland Survey, Abstract 671 of said
Montgomery County;
Thence, South 87° 08' 43" West, with the southerly line of
said 312.7 acre tract, the common survey line and the northerly line
of said Old Houston Acres Section One, at 541.18 feet pass a
1/2-inch iron rod with cap stamped "Jeff Moon RPLS 4639" found for
the common north corner of said Old Houston Acres Section One and
Old Houston Acres Section Two, a subdivision of record in Cabinet Z,
Sheets 313-316, M.C.M.R., and continuing along said southerly line
and with the northerly line of said Old Houston Acres Section Two,
pass at 649.28 feet a 1/2-inch iron rod with cap stamped "Jeff Moon
RPLS 4639" found for the common north corner of Lots 1 and 2 of Block
1 of said Old Houston Acres Section Two, and continuing in all a
total distance of 1,486.22 feet to a bent 1/2-inch iron rod found
for an angle point on the common line of said 312.7 acre tract and
said Old Houston Acres Section Two, said point being the northwest
corner of said Ruben Copeland Survey;
Thence, North 83° 23' 32" West, continuing with said common
line, 280.75 feet to a 5/8-inch iron rod with cap stamped "LJA ENG"
set for an angle point on the south line of said 312.7 acre tract,
said point being the northwest corner of said Old Houston Acres
Section Two and the northeast corner of the E. H. Yeiser Survey,
Abstract 731 of said Montgomery County, Texas;
Thence, South 87° 04' 13" West, with the southerly line of
said 312.7 acre tract and the common survey line of said T. & N. O.
R.R. Co. Survey, Abstract 566 and said E. H. Yeiser Survey, 1,013.95
feet to a 5/8-inch iron rod with cap stamped "F&S 409-832-7238"
found for the common south corner of said 312.7 acre tract and the
aforementioned Oak Tree Section One, from which a found 1/2-inch
iron rod with cap stamped "Jeff Moon RPLS 4639" bears South 62° 32'
45" East, 0.40 feet;
Thence, with the common line of said 312.7 acre tract and said
Oak Tree Section One the following six (6) courses:
1. North 17° 43' 53" West, 1,141.63 feet to a found 5/8-inch
iron rod, the beginning of a curve;
2. 251.53 feet along the arc of a non-tangent curve to the
right, having a radius of 1,760.00 feet, a central angle of 08° 11'
19", and a chord which bears North 77° 48' 50" East, 251.32 feet to a
point for corner from which a found 5/8-inch iron rod bears North
85° 57' 03" West, 0.16 feet;
3. North 03° 06' 19" West, 975.54 feet to a point for corner
from which a found 5/8-inch iron rod bears South 25° 44' 03" West,
0.25 feet;
4. South 86° 53' 41" West, 1,065.00 feet to a 1/2-inch iron
rod with cap stamped "Montgomery and Associates" found for a
northwesterly corner of said Oak Tree Section One;
5. South 03° 06' 19" East, 66.77 feet (called South 03° 06'
40" East, 66.77 feet) to a 5/8-inch iron rod found for a re-entrant
corner on the north line of said Oak Tree Section One;
6. South 86° 53' 41" West, 315.00 feet (called South 86° 53'
20" West, 315.00 feet) to a 5/8-inch iron rod found for the
northwest corner of said Oak Tree Section One subdivision, same
point being on the west line of said 312.7 acre tract, the east line
of said 772.7 acre tract and on the common survey line of the
aforementioned John Smither Survey, Abstract 521 and the T. & N. O.
R.R. Co. Survey, Abstract 566;
Thence, South 03° 05' 17" East with the common line of said
772.7 acre tract, said Oak Tree Section One, and said common survey
line, 1,245.40 feet to the POINT OF BEGINNING and containing 461.19
acres of land.
Said Tract One (134.09 acres) and Tract Two (461.19 acres)
being a total of 595.28 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, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) 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 are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
7986, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7986.106 to read as follows:
Sec. 7986.106. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect September 1, 2017.