Bill Text: TX HB4588 | 2021-2022 | 87th Legislature | Enrolled

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Bill Title: Relating to the creation of the Fort Bend County Municipal Utility District No. 251; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2021-06-15 - Effective immediately [HB4588 Detail]

Download: Texas-2021-HB4588-Enrolled.html

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H.B. No. 4588

AN ACT
relating to the creation of the Fort Bend County Municipal Utility
District No. 251; 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 7915A to read as follows:
CHAPTER 7915A. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 251
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7915A.0101. 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 Fort Bend County Municipal
Utility District No. 251.
Sec. 7915A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7915A.0103. CONFIRMATION AND DIRECTOR 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. 7915A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
7915A.0103 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. 7915A.0105. 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. 7915A.0106. 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. 7915A.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 7915A.0202, directors
serve staggered four-year terms.
Sec. 7915A.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Adam Baker;
(2) Justin Waggoner;
(3) Michael Binick;
(4) Tyler Horne; and
(5) Eric Vanderbilt.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7915A.0103; 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 7915A.0103 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 7915A.0103; 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. 7915A.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7915A.0302. 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. 7915A.0303. 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. 7915A.0304. 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. 7915A.0305. 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. 7915A.0401. 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
7915A.0403.
(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. 7915A.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7915A.0401, 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. 7915A.0403. 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. 7915A.0501. 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. 7915A.0502. 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. 7915A.0503. 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 Fort Bend County Municipal Utility District
No. 251 initially includes all the territory contained in the
following area:
TRACT 1 of 2 (145.368 acres)
Being a tract containing 145.368 acres of land located in the
Jane Wilkins One League Grant, Abstract No. 96, Fort Bend County,
Texas. Said 145.368 acres being a call 145.368 acre tract of land,
styled as Tract III, recorded in the name of the 300 Acres LLC under
Fort Bend County Clerk's File (F.B.C.C.F.) No. 2017087205. Said
145.368 acres of land being more particularly described by metes
and bounds as follows (Bearings are referenced to the Texas
Coordinate System of 1983, South Central Zone, as derived from GPS
observations):
BEGINNING at a 5/8 inch capped iron rod (stamp illegible)
found at the southwest corner of said 145.368 acre tract, the
northwest corner of a call 317.812 acre tract of land, styled as
Tract One, recorded in the name of RES/VLS Real Estate Limited
Partnership under F.B.C.C.F. No. 2018058651 and being on the east
right-of-way (R.O.W.) line of Harlem Road (width varies) as
recorded in F.B.C.C.F. Nos. 2011015402 and 2015075797 and Volume
63, Page 203 of the Fort Bend County Deed Records (F.B.C.D.R.), from
which a 5/8 inch capped iron rod stamped "1943 4349 5829" bears
South 86 degrees 49 minutes 01 seconds West, a distance of 122.03
feet;
THENCE, with said east R.O.W. line, the following eight (8)
courses:
1. North 02 degrees 07 minutes 03 seconds West, a distance
of 1,332.59 feet to a 5/8 inch iron rod found (disturbed) at a point
of curvature to the left;
2. 100.26 feet along the arc of said curve, having a radius
of 23,989.95 feet, a central angle of 00 degrees 14 minutes 22
seconds, and a chord which bears North 02 degrees 14 minutes 14
seconds West, a distance of 100.26 feet to a 5/8 inch iron rod found
at a point of tangency;
3. North 02 degrees 21 minutes 25 seconds West, a distance
of 229.64 feet to a point of curvature to the left from which point a
5/8 inch iron rod found bears North 09 degrees 27 minutes 04 seconds
East, a distance of 0.42 feet;
4. 100.66 feet along the arc of said curve, having a radius
of 10,506.91 feet, a central angle of 00 degrees 32 minutes 56
seconds, and a chord which bears North 02 degrees 37 minutes 53
seconds West, a distance of 100.65 feet to a 5/8 inch capped iron
rod stamped "Landtech" found at a point of tangency;
5. North 02 degrees 54 minutes 21 seconds West, a distance
of 500.14 feet to a 5/8 inch iron rod found at a point of curvature
to the left;
6. 100.67 feet along the arc of said curve, having a radius
of 10,758.45 feet, a central angle of 00 degrees 32 minutes 10
seconds, and a chord which bears North 03 degrees 10 minutes 26
seconds West, a distance of 100.67 feet to a 5/8 inch capped iron
rod stamped "Landtech" found at a point of tangency;
7. North 03 degrees 26 minutes 31 seconds West, a distance
of 577.51 feet to a 5/8 inch capped iron rod (stamp illegible)
found;
8. North 07 degrees 26 minutes 39 seconds East, a distance
of 74.13 feet a 5/8 inch iron rod found at the northwest corner of
said 145.368 acre tract and on the south line of a call 70 foot
drainage canal (Fourth Tract) recorded in the name of Fort Bend
County Drainage District in Volume 331, Page 468, F.B.C.D.R.;
THENCE with the south line of said 70 foot drainage canal, the
following seventeen (17) courses:
1. South 60 degrees 53 minutes 52 seconds East, a distance
of 306.17 feet to a 5/8 inch iron rod found;
2. South 69 degrees 40 minutes 19 seconds East, a distance
of 478.71 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
found;
3. South 52 degrees 56 minutes 36 seconds East, a distance
of 366.41 feet to a 5/8 inch capped iron rod stamped "GBI Partners"
set;
4. South 45 degrees 25 minutes 47 seconds East, a distance
of 500.58 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
found;
5. South 57 degrees 59 minutes 59 seconds East, a distance
of 355.33 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
found;
6. South 63 degrees 30 minutes 30 seconds East, a distance
of 557.67 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
found;
7. South 56 degrees 32 minutes 29 seconds East, a distance
of 237.63 feet to a 5/8 inch capped iron rod stamped "GBI Partners"
set;
8. South 47 degrees 43 minutes 07 seconds East, a distance
of 235.69 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
found;
9. South 36 degrees 54 minutes 04 seconds East, a distance
of 578.06 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
found;
10. South 51 degrees 53 minutes 46 seconds East, a distance
of 306.04 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
found;
11. South 79 degrees 35 minutes 06 seconds East, a distance
of 224.59 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
found;
12. South 70 degrees 32 minutes 04 seconds East, a distance
of 118.34 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
found;
13. South 57 degrees 43 minutes 30 seconds East, a distance
of 259.63 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
found;
14. South 72 degrees 42 minutes 40 seconds East, a distance
of 146.64 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
found;
15. North 86 degrees 24 minutes 38 seconds East, a distance
of 227.86 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
found;
16. North 77 degrees 35 minutes 31 seconds East, a distance
of 163.54 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
found;
17. North 72 degrees 52 minutes 13 seconds East, a distance
of 112.09 feet to a T-post found on the west line of a call 143.287
acre tract of land, styled as Tract IV, recorded in the name of 300
Acres LLC under F.B.C.C.F. No. 2017087205;
THENCE, with said west line, South 02 degrees 59 minutes 48
seconds East, a distance of 333.45 feet to the north line of a call
107.128 acre tract of land, styled as Tract 9B, recorded in the name
of RES/VLS Real Estate Limited Partnership under F.B.C.C.F.
No. 9632563, from which point a 5/8 inch iron rod found (disturbed)
bears North 02 degrees 59 minutes 48 seconds West, a distance of
1.86 feet;
THENCE, with said north line and the north line of aforesaid
317.812 acre tract, South 86 degrees 49 minutes 01 seconds West, a
distance of 4,213.36 feet to the POINT OF BEGINNING and containing
145.368 acres of land.
TRACT 2 of 2 (89.504 net acres)
Being 143.287 acres of land in the Jane Wilkins One League
Grant, Abstract No. 96, and the Jesse H. Cartwright One League
Grant, Abstract No. l6, Fort Bend County, Texas. Said 143.287 acres
of land being that certain call 7.39 acre (Tract Six) tract of land
and that certain call 100.16 acre (Tract Seven) tract of land
recorded in the name of State of Texas, for the use and benefit of
the Permanent School Fund, under Fort Bend County Clerk's File
(F.B.C.C.F.) No. 2004060103 and amended under 2004075320, and that
certain call 35.72 acre (Part 2) tract of land recorded in the name
of State of Texas, for the use and benefit of the Permanent School
Fund, under F.B.C.C.F. No. 2004060102 and amended under
2008106694. Said 143.287 acres also being a portion of that certain
tract of land described as 957 acres in a deed dated February 19,
1908 from Mollie C. Riddick to the Board of Penitentiary
Commissioners of the State of Texas as recorded in Volume 43, Page
209 of the Fort Bend County Deed Records (F.B.C.D.R.); said 143.287
acres of land being more particularly described by metes and bounds
as follows (Bearings are referenced to the Texas Coordinate System
of 1983, South Central Zone, as derived from GPS observations):
BEGINNING at a 5/8 inch capped iron rod found in the
Southwesterly line of a call 97.179 acre (Parcel 9) tract of land
for controlled access highway facility (State Highway No. 99;
locally known as Grand Parkway) recorded in the name of Texas
Transportation Commission under F.B.C.C.F. No. 9203043, for the
Northwest corner and call Point of Beginning of said 35.72 acres;
THENCE, with said Southwesterly line and the Northeasterly
line of said 35.72 acres and said 100.l6 acres, the following three
(3) courses:
1. South 23 degrees 18 minutes 03 seconds East (call South
20 degrees 38 minutes 03 seconds East), at 864.59 feet (call 864.65
feet) pass a 5/8 inch capped iron rod set for the Northeast corner
of said 35.72 acres and the Northwest corner of said 100.16 acres,
and continuing for a total distance of 3,526.8l feet to a TXDOT disc
found for the beginning of a tangent curve to the left;
2. 1,941.45 feet (call l ,941.59 feet), along the arc of
said curve to the left, having a radius of 5,879.58 feet, a central
angle of 18 degrees 55 minutes 09 seconds (call 18 degrees 55
minutes 14 seconds), and a chord which bears South 32 degrees 45
minutes 37 seconds East (call South 30 degrees 05 minutes 42 seconds
East), a distance of l,932.64 feet (call 1,932.80 feet) to a
concrete monument found for tangency;
3. South 42 degrees 13 minutes 12 seconds East (call South
39 degrees 32 minutes 48 seconds East), a distance of 771.91 feet
(call 771.54 feet) to the North line of a call 52.12 acre tract
(Fifth Tract) recorded in the name of Sandra Ann Smith Austin in
Volume 663, Page 770 F.B.C.D.R., for the Southeast corner of said
100.16 acres, from which point a found 5/8 inch iron rod bears South
86 degrees 49 minutes 34 seconds West, a distance of 0.42 feet;
THENCE, with said North line and the South line of said 100.16
acres, South 86 degrees 49 minutes 34 seconds West, a distance of
86l.83 feet (call 861.54 feet) to the Northwest corner of said 52.12
acres, same being the Northeast corner of a call 107.128 acre tract
(Tract 9B) recorded in the name of RES/VLS Real Estate Limited
Partnership under F.B.C.C.F. No. 9632563, from which point a found
5/8 inch iron rod bears North 02 degrees 39 minutes 48 seconds West,
a distance of 0.38 feet;
THENCE, with the North line of said 107.128 acres and the
South line of said 100.16 acres, said 7.39 acres, and said 35.72
acres, South 86 degrees 49 minutes 01 seconds West, at l ,509.50
feet pass the Southwest corner of the aforementioned 7.39 acres and
the Southeast corner of the aforementioned 35.72 acres, from which
point a found 5/8 inch iron rod bears North 02 degrees 59 minutes 48
seconds West, a distance of 1.68 feet and continuing for a total
distance of 1,809.52 feet to the Southwest corner of said 35.72
acres and the Southeast corner of a call 154.59 acre tract recorded
in the name of State of Texas, for the use and benefit of the
Permanent School Fund under F.B.C.C.F. No. 2004060103 and amended
under F.B.C.C.F. No. 2004075320, from which point a found 5/8 inch
iron rod bears North 02 degrees 59 minutes 48 seconds West, a
distance of 1.86 feet;
THENCE, with the West line of said 35.72 acres, North 02
degrees 59 minutes 48 seconds West, at 333.45 feet pass the
Northeast corner of said 154.59 acres and continuing for a total
distance of 5,591.90 feet (call 5,591.99 feet) to the POINT OF
BEGINNING and containing 143.287 acres of land.
SAVE AND EXCEPT the following two tracts:
Tract A: Being a tract containing 9.477 acres of land located
in the Jane Wilkins One League Grant, Abstract No. 96, in Fort Bend
County, Texas. Said 9.477 acres being a portion of a call 143.287
acre tract of land, styled Tract IV, recorded in the name of 300
Acres LLC in Fort Bend County Clerk's File (F.B.C.C.F.)
No. 2017087205. Said 9.447 acres of land being more particularly
described by metes and bounds as follows (Bearings are referenced
to the Texas Coordinate System of 1983, South Central Zone, as
derived from GPS observations):
BEGINNING at a 5/8 inch iron rod found at the most northerly
corner of said 143.287 acre tract and being on the westerly
Right-of-Way (R.O.W.) line of Grand Parkway (S.H. 99), a controlled
access highway facility (width varies) and a call 97.179 acre tract
of land, styled Parcel 9, recorded in the name of Texas
Transportation Commission under F.B.C.C.F. No. 9203043, from which
a 5/8 inch capped iron rod stamped "Texas GLO" found at the
southeast corner of a call 168.253 acre tract of land, styled Tract
1, recorded in the name of Grand Parkway 1358 LP under F.B.C.C.F.
No. 2014037769 bears North 23 degrees 18 minutes 03 seconds West, a
distance of 5,435.63 feet;
THENCE, with said westerly R.O.W. line and west line of said
97.179 acre tract, South 23 degrees 18 minutes 03 seconds East, at a
distance of 864.57 feet pass a 5/8 inch iron rod found, and
continuing for a total distance of 1,815.94 feet to the northwest
intersection of said Grand Parkway and Owens Road (100- foot width)
as described in F.B.C.C.F. No. 2016063197;
THENCE, with the north R.O.W. line of said Owens Road, North
61 degrees 03 minutes 29 seconds West, at a distance of 0.55 feet
pass a 5/8 inch capped iron rod stamped "Town & Country" found and
continuing for a total distance of 742.55 feet to a 5/8 inch capped
iron rod stamped "Town & Country" found on the west line of said
143.287 acre tract;
THENCE, with said west line, North 02 degrees 59 minutes 48
seconds West, a distance of 1,310.29 feet to the POINT OF BEGINNING
and containing 9.477 acres of land.
Tract B: Being a tract containing 44.306 acres of land
located in the Jane Wilkins One League Grant, Abstract No. 96, in
Fort Bend County, Texas. Said 44.306 acres being a portion of a call
143.287 acre tract of land, styled Tract IV, recorded in the name of
300 Acres LLC in Fort Bend County Clerk's File (F.B.C.C.F.)
No. 2017087205. Said 44.306 acres of land being more particularly
described by metes and bounds as follows (Bearings are referenced
to the Texas Coordinate System of 1983, South Central Zone, as
derived from GPS observations):
BEGINNING at a 5/8 inch iron rod found at the intersection of
the west line of said 143.287 acre tract and the south Right-of-Way
(R.O.W.) line of Owens Road (100-foot width) as described in
F.B.C.C.F. No. 2016063197 from which a 5/8 inch iron rod found at
the most northerly corner of said 143.287 acre tract and being on
the westerly Right-of-Way (R.O.W.) line of Grand Parkway (S.H. 99),
a controlled access highway facility (width varies) and a call
97.179 acre tract of land, styled Parcel 9, recorded in the name of
Texas Transportation Commission under F.B.C.C.F. No. 9203043 bears
North 02 degrees 59 minutes 48 seconds West, a distance of 1,428.13
feet;
THENCE, with said south R.O.W. line, South 61 degrees 03
minutes 29 seconds East, at a distance of 808.78 feet pass a 5/8
inch capped iron rod stamped "Town & Country" found and continuing
for a distance of 809.33 feet to the southwest intersection of said
Owens Road and said Grand Parkway;
THENCE, with the westerly R.O.W. line of said Grand Parkway
and west line of said 97.179 acre tract, the following two (2)
courses:
1.) South 23 degrees 18 minutes 03 seconds East, a distance
of 1,547.55 feet to a Texas Department of Transportation (TXDOT)
disc found at a point of curvature to the left;
2.) 332.80 feet along the arc of said curve, having a radius
of 5,879.58 feet, a central angle of 03 degrees 14 minutes 35
seconds, and a chord which bears South 24 degrees 55 minutes 20
seconds East, a distance of 332.75 feet to a 5/8 inch capped iron
rod stamped "GBI Partners" set;
THENCE, through and across said 143.287 acre tract, South 87
degrees 00 minutes 12 seconds West, a distance of 1,348.06 feet to a
5/8 inch capped iron rod stamped "GBI Partners" set on the west line
of said 143.287 acre tract and at the southwest corner of the herein
described tract from which a T-post found on said west line and at
the northeast corner of a call 145.368 acre tract of land, styled
Tract III, recorded in the name of 300 Acres LLC in F.B.C.C.F.
2017087205 bears South 02 degrees 59 minutes 48 seconds East, a
distance of 1,642.09 feet;
THENCE, with said west line, North 02 degrees 59 minutes 48
seconds West, at a distance of 2,188.22 feet to the POINT OF
BEGINNING and containing 44.306 acres of land.
The total acreage of Tract 2 being 143.287 acres, save and
except 9.477 acres and 44.305 acres, for a total of 89.504 acres.
The total acreage of the district being 234.872 acres,
consisting of 145.368 in Tract 1 and 89.504 acres in Tract 2.
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
7915A, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7915A.0306 to read as
follows:
Sec. 7915A.0306. 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, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4588 was passed by the House on May 8,
2021, by the following vote: Yeas 108, Nays 31, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4588 was passed by the Senate on May
27, 2021, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor