Bill Text: TX HB3921 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the creation of the Montgomery County Municipal Utility District No. 137; 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: (Introduced - Dead) 2013-04-18 - Recommendations filed with the Speaker [HB3921 Detail]
Download: Texas-2013-HB3921-Introduced.html
| 83R7262 PMO-F | ||
| By: Toth | H.B. No. 3921 | |
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| relating to the creation of the Montgomery County Municipal Utility | ||
| District No. 137; 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 8421 to read as follows: | ||
| CHAPTER 8421. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 137 | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8421.001. 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. 137. | ||
| Sec. 8421.002. NATURE OF DISTRICT. The district is a | ||
| municipal utility district created under Section 59, Article XVI, | ||
| Texas Constitution. | ||
| Sec. 8421.003. 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. 8421.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
| temporary directors may not hold an election under Section 8421.003 | ||
| 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. 8421.005. 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. 8421.006. 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. 8421.051. GOVERNING BODY; TERMS. (a) The district is | ||
| governed by a board of five elected directors. | ||
| (b) Except as provided by Section 8421.052, directors serve | ||
| staggered four-year terms. | ||
| Sec. 8421.052. TEMPORARY DIRECTORS. (a) The temporary | ||
| board consists of: | ||
| (1) Deborah Hamilton Arterburn; | ||
| (2) Christina Eliasha Cole; | ||
| (3) Jared Sean Fargo; | ||
| (4) Aimee Ordeneaux Raley; and | ||
| (5) Robert Wempe. | ||
| (b) Temporary directors serve until the earlier of: | ||
| (1) the date permanent directors are elected under | ||
| Section 8421.003; or | ||
| (2) the fourth anniversary of the effective date of | ||
| the Act enacting this chapter. | ||
| (c) If permanent directors have not been elected under | ||
| Section 8421.003 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 8421.003; 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. 8421.101. GENERAL POWERS AND DUTIES. The district has | ||
| the powers and duties necessary to accomplish the purposes for | ||
| which the district is created. | ||
| Sec. 8421.102. 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. 8421.103. 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. 8421.104. 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, zoning and | ||
| 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. 8421.105. 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. 8421.151. 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 8421.153. | ||
| (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. 8421.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
| authorized at an election held under Section 8421.151, 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. 8421.153. 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. 8421.201. 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. 8421.202. 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. 8421.203. 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. 137 initially includes all the territory contained in the | ||
| following area: | ||
| A METES AND BOUNDS description of a 500.9 acre tract of land | ||
| situated in the Joseph Miller Survey, Abstract No. 27 and the James | ||
| Brown Survey, Abstract No. 78 of Montgomery County, Texas; being | ||
| all of Tracts 1 through 7 conveyed to Venton L. Doughtie, Jr., by | ||
| Deed, as filed for record under Volume 724, Page 836 of the | ||
| Montgomery County Deed Records; said 500.9 acre tract being more | ||
| particularly described as follows with all bearings being based on | ||
| the Texas Coordinate System, Central Zone, NAD 83: | ||
| BEGINNING at the northwest corner of said Tract 7 in the south | ||
| line of a called 20 acre tract conveyed to J.J. Hubenak and wife, | ||
| Shirley Fay Hubenak by Warranty Deed with Vendor's Lien as file for | ||
| record under Volume 597, Page 165 of the Montgomery County Deed | ||
| Records and being the northeast corner of a called 16.92 acre tract | ||
| conveyed to Gale Philip Clee by General Warranty Deed as filed for | ||
| record under Volume 677, Page 914 of the Montgomery County Deed | ||
| Records; | ||
| THENCE, North 87°57'51" East, 1375.35 feet along the north | ||
| line of said Tract 7 to a found 1/2-inch iron rod in asphalt for the | ||
| northeast corner of said Tract 7; | ||
| THENCE, South 01°02'09" East, 570.46 feet along the east line | ||
| of said Tract 7 and the west right-of-way of Dry Creek Road to a set | ||
| 5/8-inch iron rod (with cap stamped "Cotton Surveying") in the | ||
| south right of Standard Road (width varies) as filed for record | ||
| under Clerk's File No. 8534576 of the Montgomery County Official | ||
| Public Records of Real Property; | ||
| THENCE, in a northeast direction, along the south | ||
| right-of-way of said Standard Road, with the arc of a curve to the | ||
| right, having a radius of 3037.94 feet, a central angle of | ||
| 04°48'54", an arc length of 255.30 feet, and a chord bearing North | ||
| 87°29'06" East,, 255.23 feet to a set 5/8-inch iron rod (with cap | ||
| stamped "Cotton Surveying"); | ||
| THENCE, North 89°53'33" East, 1694.22 feet continuing along | ||
| the south right-of-way of said Standard Road to a set 5/8-inch iron | ||
| rod (with cap stamped "Cotton Surveying"), from which a found | ||
| 5/8-inch iron rod bears North 05°27'48" East, 2.82 feet; | ||
| THENCE, in a northeast direction, with the arc of a curve to | ||
| the left, having a radius of 882.88 feet, a central angle of | ||
| 06°42'29", an arc length of 103.37 feet, and a chord bearing North | ||
| 86°32'18" East, 103.31 feet to a found 5/8-inch iron rod for the | ||
| northwest corner of a called 1.022 acre tract conveyed to Randy Dale | ||
| Ware by Warranty Deed as filed for record under Clerk's File No. | ||
| 2010098867 of the Montgomery County Official Public Records of Real | ||
| Property and being the northwest corner of Springwood Estates, | ||
| Section 1 (unrecorded); | ||
| THENCE, South 02°00'53" East, along the west line of said | ||
| Springwood Estates, Section 1, at 766.49 feet passing a found | ||
| 5/8-inch iron rod for the northwest corner of a called 2.003 acre | ||
| tract conveyed to Michael G. Meek and wife Diana Meek as filed for | ||
| record under Volume 1113, Page 176 of Montgomery County Deed | ||
| Records, at 934.83 feet passing a 1 1/2-inch iron pipe for the | ||
| northwest corner of a tract containing all of Lot 7 and a part of | ||
| Lot 8 conveyed to Robert Barton and wife Amy L. Barton by Warranty | ||
| Deed with Vendor's Lien as filed for record under Clerk's File No. | ||
| 9515955 of the Montgomery County Official Public Records of Real | ||
| Property, at 1137.52 feet passing a found 1 1/2-inch iron pipe, at | ||
| 1137.89 feet. 0.13 feet right passing a found 5/8-inch iron rod, at | ||
| 1508.84 feet passing a found 5/8-inch iron rod for the northwest | ||
| corner of a called 2.1501 acre tract conveyed to Donald R. Midkiff | ||
| and wife Shirley Midkiff by Warranty Deed as filed for record under | ||
| Volume 1115, Page 125 of the Montgomery County Deed Records, | ||
| continuing for a total distance of 1688.79 feet to a found concrete | ||
| monument for the southwest corner of said 2.1501 acre tract, the | ||
| southwest corner of said Springwood Estates, Section1, in the north | ||
| line of Lot 26 of Springwood Estates, Section 2 conveyed to Shelly | ||
| Huckaby by Warranty Deed as filed for record under Clerk's File No. | ||
| 2006-023346 of the Montgomery County Official Public Records of | ||
| Real Property; | ||
| THENCE, South 87°37'23" West, along the north line of said | ||
| Springwood Estates, Section 2, at 100.09 feet passing a found | ||
| 5/8-inch iron rod for the northwest corner of said Lot 26 and the | ||
| northeast corner of a called 1.8499 acre tract conveyed to Bradley | ||
| A. Johnson by Warranty Deed as filed for record under Clerk's File | ||
| No. 9634196 of the Montgomery County Official Public Records of | ||
| Real Property, at 394.78 feet, 0.30 feet left passing a found | ||
| 5/8-inch iron rod and continuing for a total distance of 588.38 feet | ||
| to a set 5/8-inch iron rod (with cap stamped "Cotton Surveying") | ||
| from which a found nail (bent) bears North 25°40' West, 2.87 feet and | ||
| a found Axle for the northwest corner of said Tract 4 bears South | ||
| 87°37'23" West, 602.52 feet; | ||
| THENCE, South 03°18'25" East, along the west line of said | ||
| Springwood Estates Section 2, at 143.55 feet passing a found | ||
| 5/8-inch iron rod for the northwest corner of a called 2.8114 acre | ||
| tract conveyed to Michael W. Allen and wife Kathy Allen by General | ||
| Warranty Deed with Vendor's Lien as filed for record under Clerk's | ||
| File No. 2001-101668 of the Montgomery County Official Public | ||
| Records of Real Property, at 617.85 feet, 0.62 feet left passing a | ||
| found 5/8-inch iron rod, at 818.78 feet passing a found 5/8-inch | ||
| iron rod for the northwest corner of a called 3.4 acre tract | ||
| conveyed to Donald Midkiff and wife Shirley Midkiff by Warranty | ||
| Deed as file for record under Clerk's File No. 99011347 of the | ||
| Montgomery County Official Public Records of Real Property, at | ||
| 1058.51 feet, 0.28 feet left passing a found 5/8-inch iron rod, at | ||
| 1499.73 feet passing a found 5/8-inch iron rod for the northwest | ||
| corner of a called 1.0500 acre tract conveyed to Montgomery County, | ||
| Texas by Warranty Deed as file for record under Clerk's File No. | ||
| 9569816 of the Montgomery County Official Public Records of Real | ||
| Property, and continuing for a total distance of 2035.72 feet to a | ||
| point in the centerline of Spring Creek; | ||
| THENCE, along the meanders of the centerline of Spring Creek | ||
| the following courses and distances: | ||
| 1. South 64°37'47" West, 45.82 feet to a point; | ||
| 2. South 20°42'36" West, 107.16 feet to a point; | ||
| 3. South 60°34'50" West, 52.22 feet to a point; | ||
| 4. South 86°56'10" West, 153.14 feet to a point; | ||
| 5. North 46°17'30" West, 172.35 feet to a point; | ||
| 6. North 84°29'19" West, 113.48 feet to a point; | ||
| 7. South 75°36'55" West, 69.93 feet to a point; | ||
| 8. South 39°43'46" West, 295.96 feet to a point; | ||
| 9. South 42°29'34" West, 121.65 feet to a point; | ||
| 10. South 24°21'30" West, 171.48 feet to a point; | ||
| 11. South 46°07'02" West, 374.25 feet to a point; | ||
| 12. South 02°38'20" East, 54.32 feet to a point; | ||
| 13. South 18°34'57" East, 145.37 feet to a point; | ||
| 14. South 62°36'46" East, 13.16 feet to a point; | ||
| 15. South 19°27'39" East, 47.27 feet to a point; | ||
| 16. South 56°55'21" West, 42.55 feet to a point; | ||
| 17. South 80°40'29" West, 27.74 feet to a point; | ||
| 18. North 75°34'20" West, 60.34 feet to a point; | ||
| 19. North 45°24'17" West, 92.21 feet to a point; | ||
| 20. South 69°37'01" West, 122.47 feet to a point; | ||
| 21. South 01°52'10" West, 80.77 feet to a point; | ||
| 22. South 47°53'22" West, 257.25 feet to a point; | ||
| 23. South 62°49'43" West, 107.87 feet to a point; | ||
| 24. South 70°51'08" West, 113.74 feet to a point; | ||
| 25. South 47°54'19" East, 39.09 feet to a point; | ||
| 26. South 33°56'40" East, 40.49 feet to a point; | ||
| 27. South 19°44'57" East, 215.80 feet to a point; | ||
| 28. In a southwest direction, with the arc of said curve to the | ||
| right, having a radius of 112.17 feet, a central angle of 89°09'41", | ||
| an arc length of 174.55 feet, and a chord bearing South 16°35'46" | ||
| West, 157.46 feet; | ||
| 29. South 78°20'54" West, 127.86 feet to a point; | ||
| 30. South 62°48'04" West, 67.77 feet to a point; | ||
| 31. South 43°07'36" West, 199.77 feet to a point; | ||
| 32. South 11°09'17" West, 224.55 feet to a point; | ||
| 33. South 16°52'24" West, 81.16 feet to a point; | ||
| 34. South 16°13'30" East, 66.10 feet to a point; | ||
| 35. South 03°02'55" West, 577.13 feet to a point; | ||
| 36. South 02°51'05" East, 65.04 feet to a point; | ||
| 37. South 11°08'15" West, 109.37 feet to a point; | ||
| 38. South 38°39'44" West, 78.65 feet to a point; | ||
| 39. South 47°30'41" West, 136.45 feet to a point; | ||
| 40. South 39°01'15" West, 183.90 feet to a point; | ||
| 41. North 77°44'05" West, 78.71 feet to a point; | ||
| 42. South 60°20'13" West, 44.60 feet to a point; | ||
| 43. South 30°10'19" West, 101.61 feet to a point; | ||
| 44. South 05°54'03" East, 96.43 feet to a point; | ||
| 45. South 03°36'26" West, 160.90 feet to a point; | ||
| 46. South 19°03'19" East, 52.87 feet to a point; | ||
| 47. South 15°28'22" West, 110.56 feet to a point; | ||
| 48. South 26°18'48" West, 193.37 feet to a point; | ||
| 49. South 25°07'04" West, 284.81 feet to a point; | ||
| 50. South 21°59'56" West, 319.08 feet to a point; | ||
| 51. South 42°58'11" West, 27.29 feet to a point; | ||
| 52. South 76°04'54" West, 40.59 feet to a point; | ||
| 53. South 60°41'21" West, 247.58 feet to a point; | ||
| 54. South 51°14'52" West, 198.47 feet to a point; | ||
| THENCE, North 01°51'21" West, leaving the centerline of said | ||
| Spring Creek along the west line of said Tract 1, at 1111.01 feet, | ||
| 0.30 feet right passing a found Flat Bar (leaning), at 1352.28 feet, | ||
| .014 right a found T-Rail, and continuing for a total distance of | ||
| 1830.00 feet to a set 5/8-inch iron rod (with cap stamped "Cotton | ||
| Surveying"); | ||
| THENCE, North 02°33'57" West, continuing along the west | ||
| boundary line of said Tract 1, at 102.90 feet, .052 feet left a | ||
| found axle, at 247.93 feet, 1.78 right a found concrete monument and | ||
| continuing for a total distance 2010.73 feet to a found concrete | ||
| monument for the southeast corner of said Tract 5 and the northeast | ||
| corner of a called 222.0856 acre tract conveyed to Derek Alan Metz | ||
| and Clyde Metz as filed for record under Clerk's File No. | ||
| 2009-058942 of the Montgomery County Official Public Records of | ||
| Real Property; | ||
| THENCE, South 87°46'40" West, along the common line of said | ||
| Tract 5 and said 222.0856 acre tract 576.99 feet to a found concrete | ||
| monument for the southwest corner of said Tract 5 and the northwest | ||
| corner of said 222.0856 acre tract; | ||
| THENCE, North 03°15'31" West, along the west line of said | ||
| Tract 5, 1731.48 feet to a found T-Rail for the northwest corner of | ||
| said Tract 5 in the south line of a called 1.716 acre tract conveyed | ||
| to Jerry Kirkpatrick Homes, Inc. by Warranty Deed as filed for | ||
| record under Volume 1026, Page 729 of the Montgomery County Deed | ||
| Records; | ||
| THENCE, North 87°35'39" East, along the common line of said | ||
| Tract 5 and said 1.716 acres, at 26.28 feet a found 3/4-inch iron | ||
| rod, at 136.21 feet, 0.15 feet left a found 1/2-iron rod (bent), at | ||
| 246.11 feet, 0.13 feet left a found 1/2-inch iron rod and continuing | ||
| for a total distance of 578.10 feet to a found axle for northeast | ||
| corner of said Tract 5 and the southeast corner of a called 0.6853 | ||
| acre tract conveyed to Cindy Ann Schmidt by Special Warranty Deed as | ||
| file for record under Clerk's File No. 9445705 of the Montgomery | ||
| County Deed Records and being in the west line of said Tract 2; | ||
| THENCE, North 03°23'08" West, along the east line of said | ||
| 0.6853 acre tract and the west line of said Tract 2, 1185.47 feet to | ||
| a set 5/8-inch iron rod (with cap stamped "Cotton Surveying"), from | ||
| which a found axle bears South 88°01' West, 1.83 feet; | ||
| THENCE, North 88°00'38" East, along a north line of said Tract | ||
| 2, 686.50 feet to a found 2-inch iron pipe for the southeast corner | ||
| of a called 8.4715 acre tract conveyed to Lynn P. Stewart and wife | ||
| Refeana D. Stewart by General Warranty Deed with Vendor's Lien as | ||
| filed for record under Clerk's File No. 9714296 of the Montgomery | ||
| County Official Public Records of Reap Property; | ||
| THENCE, North 00°57'02" West, along the west line of said | ||
| Tract 2, at 25.43 feet passing a found 1/2-inch iron rod for the | ||
| southwest corner of said Tract 7 and a northwest corner of said | ||
| Tract 2, at 604.97 feet, 1.52 feet right a found 5/8-inch iron rod, | ||
| at 811.95 feet, 5.19 feet right a found 1/2-inch iron rod (stamped | ||
| "RPLS 3971 Rainke"), at 1191.18 feet, 0.52 feet left a found | ||
| 5/8-inch iron rod, at 1776.38 feet, 0.84 feet left a found 5/8-inch | ||
| iron rod and continuing for a total distance of 2348.57 feet to the | ||
| POINT OF BEGINNING, CONTAINING 500.9 acres of land in Montgomery | ||
| County, Texas as shown on drawing number 2407 in the office of | ||
| Cotton Surveying, The Woodlands, Texas. | ||
| 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 | ||
| 8421, Special District Local Laws Code, as added by Section 1 of | ||
| this Act, is amended by adding Section 8421.106 to read as follows: | ||
| Sec. 8421.106. 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. Except as provided by Section 4 of this Act: | ||
| (1) 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; and | ||
| (2) if this Act does not receive the vote necessary for | ||
| immediate effect, this Act takes effect September 1, 2013. | ||
