Bill Text: TX HB4319 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to the creation of the Montgomery County Municipal Utility District No. 159; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-05-24 - Recommendations filed with the Speaker [HB4319 Detail]

Download: Texas-2017-HB4319-Introduced.html
  85R19699 SLB-F
 
  By: Bell H.B. No. 4319
 
 
 
A BILL TO BE ENTITLED
 
  relating to the creation of the Montgomery County Municipal Utility
  District No. 159; 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 8003 to read as follows:
  CHAPTER 8003. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 159
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8003.001.  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. 159.
         Sec. 8003.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8003.003.  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. 8003.004.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section 8003.003
  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. 8003.005.  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. 8003.006.  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. 8003.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8003.052, directors serve
  staggered four-year terms.
         Sec. 8003.052.  TEMPORARY DIRECTORS.  (a)  The temporary
  board consists of:
               (1)  Roxanne Ellis;
               (2)  Elizabeth Galvan;
               (3)  George Moody;
               (4)  Doug OwYang; and
               (5)  Nick Terry.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 8003.003; 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 8003.003 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 8003.003; 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. 8003.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8003.102.  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. 8003.103.  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. 8003.104.  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. 8003.105.  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. 8003.151.  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 8003.153.
         (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. 8003.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8003.151, 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. 8003.153.  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. 8003.201.  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. 8003.202.  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. 8003.203.  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. 159 initially includes all the territory contained in the
  following area:
         Tract 1: BEING A TRACT OF LAND CONTAINING 35.5536 ACRES
  (1,548,716 SQUARE FEET) OUT OF THAT CERTAIN CALLED 66.9304 ACRE
  TRACT RECORDED IN MONTGOMERY COUNTY CLERK'S FILE NO. 8522036 AND
  FILM CODE NO. 342-01-1353 SITUATED IN THE SOLOMON BROWN SURVEY,
  ABSTRACT NO. 5, IN MONTGOMERY COUNTY, TEXAS. SAID 35.5536 ACRE
  TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
  FOLLOWS:
         BEGINNING: AT A 1 INCH IRON PIPE FOUND AT THE NORTHEAST CORNER
  OF SAID 66.9304 ACRE, BEING THE NORTHWEST CORNER OF LOT 1,
  CYPRESSWOOD ESTATES(UNRECORDED) IN THE SOUTH LINE OF THAT CERTAIN
  CALLED 14.580 ACRE TRACT RECORDED IN FILM CODE NO. 577-01-1042 OF
  THE MONTGOMERY COUNTY DEED RECORDS;
         THENCE: SOUTH 03 DEGREES 10 MINUTES 26 SECONDS EAST, ALONG
  THE EAST LINE OF SAID 66.9304 ACRE TRACT, BEING THE WEST LINE OF
  SAID CYPRESSWOOD SUBDIVISION, A DISTANCE OF 3538.47 FEET TO A 1/2
  INCH IRON ROD SET FOR THE SOUTHEAST CORNER IN THE NORTH LINE OF
  PROPOSED NICHOLS SAWMILL ROAD (150 FEET WIDE) BEING IN A CURVE TO
  THE RIGHT HAVING A RADIUS OF 1425.00 FEET;
         THENCE: IN A NORTHWESTERLY DIRECTION WITH SAID NORTH LINE OF
  NICHOLS SAWMILL ROAD ALONG SAID CURVE TO THE RIGHT HAVING A CENTRAL
  ANGLE OF 50 DEGREES 04 MINUTES 41 SECONDS, AN ARC LENGTH OF
  1255.68FEET (CHORD BEARING NORTH 27 DEGREES 24 MINUTES 49 SECONDS
  WEST, 1206.22 FEET) TO A 1/2 INCH IRON ROD SET FOR THE POINT OF
  TANGENCYIN THE WEST LINE OF SAID 66.9304 ACRE TRACT IN THE EAST LINE
  OF SAID NICHOLS SAWMILL ROAD;
         THENCE: NORTH 02 DEGREES 22 MINUTES 28 SECONDS WEST, ALONG
  THE WEST LINE OF SAID 66.9304 ACRE TRACT AND THE EAST LINE OF SAID
  NICHOLS SAWMILL ROAD, A DISTANCE OF 2445.24 FEET TO A 1/2 INCH IRON
  ROD SET FOR THE NORTHWEST CORNER BEING THE NORTHWEST OF SAID 66.9304
  ACRE TRACT IN THE SOUTH LINE OF SAID 14.580 ACRE TRACT;
         THENCE: NORTH 87 DEGREES 37 MINUTES 18 SECONDS EAST, ALONG
  THE NORTH LINE OF SAID 66.9304 ACRE TRACT, AND THE SOUTH LINE OF
  SAID 14.580 ACRE TRACT, A DISTANCE OF 461.15 FEET {CALLED 509.27
  FEET) TO THE POINT OF BEGINNING AND CONTAINING 35.5536 ACRES
  (1,548,716 SQUARE FEET) OF LAND.
         Tract 2: BEING A TRACT OF LAND CONTAINING 26.8287 ACRES
  (1,168,660 SQUARE FEET) OUT OF THAT CERTAIN CALLED 66.9304 ACRES OF
  LAND, IN THE SOLOMON BROWN SURVEY, ABSTRACT NO. 5, IN MONTGOMERY
  COUNTY, TEXAS RECORDED IN MONTGOMERY COUNTY CLERK'S FILE NO.
  8522036 AND FILM CODE NO. 342-01-1353, SAID 26.8287 ACRE TRACT
  BEING MORE PARTICULARLYDESCRIBED BY METES AND BOUNDS AS FOLLOWS:
         COMMENCING: AT A CALLED 1-1/2 INCH IRON PIPE NOT FOUND AT THE
  SOUTHEAST CORNER OF 100.35 ACRE TRACT, RECORDED IN VOLUME 564, PAGE
  557 OF THE DEED RECORDS OF HARRIS COUNTY TEXAS;
         THENCE: NORTH 02 DEGREES 46 MINUTES 25 SECONDS WEST (CALLED
  NORTH), ALONG THE EAST LINE OF SAID 100.35 ACRE TRACT, A DISTANCE OF
  2778.97 FEET TO A POINT IN THE CENTER LINE OF SPRING CREEK, SAME
  BEING THE COUNTY LINE BETWEEN HARRIS AND MONTGOMERY COUNTIES FOR
  THE PLACE OF BEGINNING;
         THENCE: UP THE CENTER LINE OF SPRING CREEK WITH THE MEANDERS
  AS FOLLOWS: SOUTH 59 DEGREES 16 MINUTES 19 SECONDS WEST, 73.65 FEET;
         NORTH 80 DEGREES 15 MINUTES 00 SECONDS WEST, 134.72 FEET;
         SOUTH 89 DEGREES 36 MINUTES 09 SECONDS WEST, 157.34 FEET;
         NORTH 47 DEGREES 50 MINUTES 43 SECONDS WEST, 86.74 FEET;
         NORTH 02 DEGREES 59 MINUTES 46 SECONDS EAST, 62.79 FEET;
         NORTH 32 DEGREES 06 MINUTES 33 SECONDS WEST, 73.42 FEET;
         SOUTH 75 DEGREES 04 MINUTES 22 SECONDS WEST, 80.38 FEET TO A
  POINT FOR CORNER IN THE WEST LINE OF SAID 100.35 ACRE TRACT;
         THENCE: NORTH 02 DEGREES 22 MINUTES 28 SECONDS WEST, A
  DISTANCE OF 2483.93 TO A 1/2 INCH IRON ROD SET IN THE SOUTH LINE OF
  PROPOSED NICHOLS SAWMILL ROAD (150 FEET WIDE), BEING IN A CURVE TO
  THE LEFT HAVING A RADIUS OF 1575.00 FEET;
         THENCE: IN A SOUTHEASTERLY DIRECTION ALONG THE SOUTH LINE OF
  SAID NICHOLS SAWMILL ROAD AND SAID CURVE TO THE LEFT, WITH CENTRAL
  ANGLE OF 29 DEGREES 17 MINUTES 28 SECONDS ARC LENGTH OF 805.18 FEET
  (CHORD BEARS SOUTH 42 DEGREES 13 MINUTES 44 SECONDS EAST, 796.44
  FEET) TO A 1/2 INCH IRON ROD SET FOR THE NORTHEAST CORNER IN THE EAST
  LINE OF SAID 66.9304 ACRE TRACT;
         THENCE: SOUTH 02 DEGREES 46 MINUTES 25 SECONDS EAST (CALLED
  SOUTH), ALONG THE EAST LINE OF SAID 66.9304 ACRE TRACT, 2,040.94
  FEET TO THE PLACE OF BEGINNING.
         Tract 3: BEING 1.3561 ACRES (59,074 SQUARE FEET) OF LAND
  KNOWN AS LOTS 19 AND 20, BLOCK 4, CYPRESS WOOD ESTATES, AN
  UNRECORDED SUBDIVISION OF 145.93 ACRES SITUATED IN THE SOLOMON
  BROWN SURVEY A-5, MONTGOMERY COUNTY, TEXAS, A PART OF AND OUT OF A
  50.01 ACRE TRACT, CONVEYED BY DEED, TO DREW T. SPENCER, TRUSTEE,
  DATED JUNE 8, 1978, RECORDED IN VOLUME 1082, PAGE 112 OF THE DEED
  RECORDS, MONTGOMERY COUNTY, TEXAS, SAID 1.3561 ACRES BEING MORE
  PARTICULARLY AS FOLLOWS:
         BEGINNING: AT A 1/2 INCH IRON ROD SET FOR THE NORTHWEST CORNER
  OF SAID LOT 19, THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT,
  SOUTH 03 DEGREES 10 MINUTES 26 SECONDS EAST, 1815.03 FEET FROM THE
  NORTHWEST CORNER OF SAID 50.01 ACRE TRACT;
         THENCE: NORTH 86 DEGREES 40 MINUTES 18 SECONDS EAST, ALONG
  THE SOUTH LINE OF LOT 18, A DISTANCE OF 293.56 FEET, TO A 1/2 INCH
  IRON ROD SET FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;
         THENCE: SOUTH 02 DEGREES 39 MINUTES 21 SECONDS EAST, ALONG
  THE WEST LINE OF SPENCER BOULEVARD (60 FOOT RIGHT-OF-WAY), A
  DISTANCE OF 201.87 FEET TO A 1/2 INCH IRON ROD SET FOR THE SOUTHEAST
  CORNER OF THE HEREIN DESCRIBED TRACT;
         THENCE: SOUTH 86 DEGREES 40 MINUTES 18 SECONDS WEST, ALONG
  THE SOUTH LINE OF SAID LOT 20, A DISTANCE OF 291.74 FEET TO A 1/2
  INCH IRON ROD SET IN THE WEST LINE OF SAID 50.01 ACRE TRACT, ALSO
  BEING THE WEST LINE OF SAID 145.93 ACRE TRACT, FOR THE SOUTHWEST
  CORNER OF THE HEREIN DESCRIBED TRACT;
         THENCE: NORTH 03 DEGREES 10 MINUTES 26 SECONDS WEST, ALONG
  THE WEST LINE OF SAID 50.01 ACRE TRACT AND THE 145.93 ACRE TRACT, A
  DISTANCE OF 201.86 FEET TO THE POINT OF BEGINNING, AND CONTAINING
  WITHIN THESE METES AND BOUNDS 1.3561 ACRES OF LAND.
         Tract 4: BEING 55.630 ACRES (2,423,234 SQUARE FEET) OF LAND
  SITUATED IN SOLOMON BROWN SURVEY, A-5 MONTGOMERY COUNTY AND BEING
  THE REMAINDER OF A TRACT OF LAND DESCRIBED AS 100.0262 ACRES AS
  RECORDED IN MONTGOMERY COUNTY CLERK'S FILE NO. 8200920. SAID 55.630
  ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
  FOLLOWS WITH ALL BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE
  SYSTEM, SOUTH CENTRAL ZONE, NAD 83:
         BEGINNING: AT A 5/8 INCH IRON ROD FOUND LOCATED AT THE
  NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND AND BEING THE
  NORTHEAST CORNER OF A 132.92 ACRE TRACT OF LAND CONVEYED TO LARRY M.
  ROBINSON IN MONTGOMERY COUNTY CLERK'S FILE NO 2000008877, ON THE
  NORTH LINE OF THE SOLOMON BROWN SURVEY, A-5 MONTGOMERY COUNTY, ON
  THE SOUTH LINE OF THE A.F. BARRON SURVEY, A-94 AND ON THE SOUTH LINE
  OF A 14.580 ACRE TRACT OF LAND AS CONVEYED TO RICHARD A. ABEL AND
  WIFE, BETTY J. ABEL IN MONTGOMERY COUNTY CLERK'S FILE NO 8902849;
         THENCE: NORTH 87 DEGREES 37 MINUTES 18 SECONDS EAST, ALONG
  THE NORTH LINE OF THE SOLOMON BROWN SURVEY, A-5, THE SOUTH LINE OF
  THE A. F. BARRON SURVEY, A-94 AND THE SOUTH LINE OF THE ABOVE
  MENTIONED 14.580 ACRE TRACT OF LAND, A DISTANCE OF 359.00 FEET TO A
  5/8 INCH IRON ROD WITH CAP FOUND AND THE NORTHEAST CORNER OF THE
  TRACT HEREIN DESCRIBED. SAID IRON ROD ALSO BEING THE NORTHWEST
  CORNER OF A 9.976 ACRE TRACT OF LAND AS CONVEYED TO MONTGOMERY
  COUNTY, TEXAS IN MONTGOMERY COUNTY CLERK'S FILE NO 2008081469, IN
  THE WEST RIGHT-OF-WAY LINE OF NICHOLS SAWMILL ROAD;
         THENCE: SOUTH 02 DEGREES 22 MINUTES 28 SECONDS EAST, ALONG
  THE WEST LINE OF THE ABOVE MENTIONED 9.976 ACRE TRACT OF LAND, AND
  NICHOLS SAWMILL ROAD, A DISTANCE OF 2445.24 FEET TO A 5/8 INCH IRON
  ROD WITH CAP SET AT THE POINT OF CURVATURE OF A CURVE TO THE LEFT;
         THENCE: CONTINUING ALONG THE SAID WEST RIGHT-OF-WAY LINE
  CURVING TO THE LEFT HAVING A RADIUS OF 1575.00 FEET, AN ARC LENGTH
  OF 692.95 FEET, A CENRAL ANGLE OF 25 DEGREES 12 MINUTES 30 SECONDS
  AND A CHORD WHICH BEARS SOUTH 14 DEGREES 58 MINUTES 45 SECONDS EAST,
  A DISTANCE OF 687.38 FEET TO A 5/8 INCH IRON ROD WITH CAP SET AT THE
  INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LINE OF NICHOLS SAWMILL
  ROAD AND THE EASTERLY LINE OF SAID 100.0262 ACRE TRACT, THE
  NORTHWEST CORNER OF A 26.8287 ACRE TRACT RECORDED UNDER MONTGOMERY
  COUNTY CLERK'S FILE NO. 2015026351;
         THENCE: SOUTH 02 DEGREES 22 MINUTES 28 SECONDS EAST, ALONG
  THE EAST LINE OF SAID 100.0262 ACRE TRACT AND THE WEST LINE OF SAID
  26.8287 ACRE TRACT, A DISTANCE OF 2492.06 FEET A 5/8 INCH IRON ROD
  WITH CAP SET IN THE CENTERLINE OF SPRING CREEK (BEING THE DIVISION
  LINE FOR HARRIS AND MONTGOMERY COUNTIES);
         THENCE: ALONG THE CENTERLINE OF SAID SPRING CREEK, THE
  FOLLOWING 8 COURSES:
         1.  NORTH 82 DEGREES 54 MINUTES 57 SECONDS WEST 40.47 FEET;
         2.  SOUTH 88 DEGREES 58 MINUTES 17 SECONDS WEST 26.59 FEET;
         3.  SOUTH 60 DEGREES 29 MINUTES 26 SECONDS WEST 45.00 FEET;
         4.  SOUTH 56 DEGREES 27 MINUTES 17 SECONDS WEST 37.16 FEET;
         5.  SOUTH 89 DEGREES 19 MINUTES 21 SECONDS WEST 90.45 FEET;
         6.  NORTH 81 DEGREES 15 MINUTES 31 SECONDS WEST 64.32 FEET;
         7.  NORTH 75 DEGREES 39 MINUTES 19 SECONDS WEST 46.75 FEET;
         8.  NORTH 80 DEGREES 45 MINUTES 16 SECONDS WEST 176.07 FEET
  TO THE WEST LINE OF SAID 100.0262 ACRE TRACT FOR THE SOUTHWEST
  CORNER OF THE HEREIN DESCRIBED TRACT;
         THENCE: NORTH 02 DEGREES 22 MINUTES 24 SECONDS WEST, ALONG
  THE WEST LINE OF SAID 100.0262 ACRE TRACT, AT 9.96 FEET PASS THE
  SOUTHEAST CORNER OF A CALLED 132.92 ACRES RECORDED UNDER MONTGOMERY
  COUNTY CLERK'S FILE NO. 2000008877, IN ALL A TOTAL DISTANCE OF
  5576.58 FEET TO THE POINT OF BEGINNING AND CONTAINING 55.630
  (2,423,234 SQUARE FEET) 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
  8003, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 8003.106 to read as follows:
         Sec. 8003.106.  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 immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.
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