Bill Text: TX HB4609 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the creation of the Williamson County Municipal Utility District No. 40; 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 on 9/1/21 [HB4609 Detail]
Download: Texas-2021-HB4609-Enrolled.html
H.B. No. 4609 |
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relating to the creation of the Williamson County Municipal Utility | ||
District No. 40; 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 8141 to read as follows: | ||
CHAPTER 8141. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 40 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8141.0101. 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 Williamson County Municipal | ||
Utility District No. 40. | ||
Sec. 8141.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8141.0103. 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. 8141.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
8141.0103 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. 8141.0105. 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. 8141.0106. 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. 8141.0201. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8141.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 8141.0202. TEMPORARY DIRECTORS. (a) On or after the | ||
effective date of the Act enacting this chapter, 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 8141.0103; 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 8141.0103 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 8141.0103; 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. 8141.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8141.0302. 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. 8141.0303. 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. 8141.0304. 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. 8141.0305. 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. | ||
Sec. 8141.0306. DIVISION OF DISTRICT. (a) The district may | ||
be divided into two or more new districts only if the district: | ||
(1) has no outstanding bonded debt; and | ||
(2) is not imposing ad valorem taxes. | ||
(b) This chapter applies to any new district created by the | ||
division of the district, and a new district has all the powers and | ||
duties of the district. | ||
(c) A new district created by the division of the district | ||
may not, at the time the new district is created, contain any land | ||
outside the area described by Section 2 of the Act enacting this | ||
chapter. | ||
(d) The board, on its own motion or on receipt of a petition | ||
signed by the owner or owners of a majority of the assessed value of | ||
the real property in the district, may adopt an order dividing the | ||
district. | ||
(e) The board may adopt an order dividing the district | ||
before or after the date the board holds an election under Section | ||
8141.0103 to confirm the district's creation. | ||
(f) An order dividing the district shall: | ||
(1) name each new district; | ||
(2) include the metes and bounds description of the | ||
territory of each new district; | ||
(3) appoint temporary directors for each new district; | ||
and | ||
(4) provide for the division of assets and liabilities | ||
between the new districts. | ||
(g) On or before the 30th day after the date of adoption of | ||
an order dividing the district, the district shall file the order | ||
with the commission and record the order in the real property | ||
records of each county in which the district is located. | ||
(h) A new district created by the division of the district | ||
shall hold a confirmation and directors' election as required by | ||
Section 8141.0103. If the voters of a new district do not confirm | ||
the creation of the new district, the assets, obligations, | ||
territory, and governance of the new district revert to the | ||
original district. | ||
(i) If the creation of the new district is confirmed, the | ||
new district shall provide the election date and results to the | ||
commission. | ||
(j) Any new district created by the division of the district | ||
must hold an election as required by this chapter to obtain voter | ||
approval before the district may impose a maintenance tax or issue | ||
bonds payable wholly or partly from ad valorem taxes. | ||
(k) Municipal consent to the creation of the district and to | ||
the inclusion of land in the district granted under Section | ||
8141.0104 acts as municipal consent to the creation of any new | ||
district created by the division of the district and to the | ||
inclusion of land in the new district. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8141.0401. 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 8141.0403. | ||
(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. 8141.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8141.0401, 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. 8141.0403. 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. 8141.0501. 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. 8141.0502. 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. 8141.0503. 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 Williamson County Municipal Utility District | ||
No. 40 initially includes all the territory contained in the | ||
following area: | ||
BEING 1229.695 acres of land, situated in the E. Leichtle | ||
Survey No. 5, Abstract No. 382 in Williamson County, Texas and | ||
Abstract No. 524 in Burnet County, Texas, being all of that certain | ||
tract of land called to contain 950.635 acres in a Warranty Deed | ||
with Vendor's Lien to Higher Ground Capital, LLC as described in | ||
Document No. 2020149480, all of that certain tract of land called | ||
to contain 171.85 acres in a Warranty Deed with Vendor's Lien to | ||
Higher Ground Capital, LLC as described in Document No. 2020149349 | ||
of the Official Public Records of Williamson County, Texas and all | ||
of that certain tract of land called to contain 107.21 acres to Todd | ||
Cox as described in a General Warranty Deed with Vendor's Lien in | ||
Document No. 2019023574 of the Official Public Records of | ||
Williamson County, Texas and 201911838 of the Official Public | ||
Records of Burnet County, Texas; said 1229.695 acres being more | ||
particularly described as follows, with bearings based on the Texas | ||
Coordinate System of 1983, South Central Zone: | ||
BEGINNING: at a calculated point on the Northeastern | ||
right-of-way of State Highway No. 29 (ROW Varies) for the | ||
westernmost southwestern corner of the said 171.85-acre tract, a | ||
corner of the said 950.635-acre tract; | ||
THENCE: Along the Northeasterly right-of-way of said State | ||
Highway 29 with the three (3) following courses and distances; | ||
(1) North 51°06'07" West a distance of 296.61 feet to a | ||
calculated point for corner; | ||
(2) North 51°39'07" West a distance of 1356.59 feet to a | ||
calculated point for the southeastern corner of the said | ||
107.21-acre tract, the southwestern corner of the said 950.635-acre | ||
tract, for a corner of this herein described tract; | ||
(3) North 51°19'37" West a distance of 635.82 feet to a | ||
calculated point for the southwestern corner of the said | ||
107.21-acre tract, the southeastern corner of that certain tract of | ||
land called to contain 20.01 acres in a General Warranty Deed to | ||
Good Neighbor Storage, LLC in Document No. 2014097763 of the | ||
Official Public Records of Williamson County, Texas, for the | ||
southwestern corner of this herein described tract; | ||
THENCE: North 00°25'08" East a distance of 2138.38 feet along | ||
the Eastern line of the said 20.01-acre tract, a line of the said | ||
107.21-acre tract to a calculated point for the northeastern corner | ||
of the said 20.01-acre tract, a corner of the said 107.21-acre | ||
tract, for a corner of this herein described tract; | ||
THENCE: North 89°23'42" West a distance of 1686.80 feet along | ||
a southern line of the said 107.21 acre tract, the northern line of | ||
the said 20.01 acre tract, the northern line of that certain tract | ||
of land called to contain 10.02 acres to Esmaeil Rowshan as | ||
described in a Warranty Deed with Vendor's Lien in Document | ||
No. 2006078138 of the Official Public Records of Williamson County, | ||
Texas to a calculated point on the northeastern line of Burnet | ||
County Road 266, for the westernmost southwestern corner of the | ||
said 107.21 acre tract, the northwestern corner of the said 10.02 | ||
acre tract, for a corner of this herein described tract; | ||
THENCE: North 20°55'38" West a distance of 1337.12 feet along | ||
a western line of the said 107.21 acre tract, the northeastern line | ||
of said Burnet County Road 266 to a calculated point for the | ||
westernmost corner of the said 107.21 acre tract, the southwestern | ||
corner of that certain tract of land called to contain 12.94 acres | ||
to Howard Coursey as described in a General Warranty Deed in | ||
Document No. 2020149480 of the Official Public Records of Burnet | ||
County, Texas, for a corner of this herein described tract; | ||
THENCE: South 71°18'58" East a distance of 690.80 feet along | ||
the southern line of the said 12.94-acre tract, a line of the said | ||
107.21-acre tract to a calculated point for the southeastern corner | ||
of the said 12.94-acre tract, an interior corner of the said | ||
107.21-acre tract, for a corner of this herein described tract; | ||
THENCE: North 18°42'55" East a distance of 674.10 feet along a | ||
western line of the said 107.21-acre tract, to a calculated point | ||
for the northeastern corner of the said 12.94-acre tract, the | ||
southeastern corner of that certain tract of land called to contain | ||
13.50 acres to Edward F. Clark as described in a Warranty Deed in | ||
Document No. 201703973 of the Official Public Records of Burnet | ||
County, Texas, for a corner of this herein described tract; | ||
THENCE: North 18°37'00" East a distance of 450.79 feet | ||
continuing with a western line of the said 107.21-acre tract to a | ||
calculated point for a corner of the said 107.21-acre tract, the | ||
northeastern corner of the said 13.50-acre tract, for a corner of | ||
this herein described tract; | ||
THENCE: North 71°19'01" West a distance of 50.03 feet along a | ||
line of the said 107.21-acre tract, the northern line of the said | ||
13.50-acre tract to a calculated point for a corner of the said | ||
107.21-acre tract, the southeastern corner of that certain tract of | ||
land called to contain 5.59 acres to Brazos L. Cardwell as described | ||
in a General Warranty Deed in Document No. 201605277 of the | ||
Official Public Records of Burnet County, Texas, for a corner of | ||
this herein described tract; | ||
THENCE: North 18°42'39" East a distance of 1219.14 feet along | ||
a western line of the said 107.21-acre tract, the eastern line of | ||
the said 5.59-acre tract to a calculated point on the southern line | ||
of Burnet County Road 264, for the northeastern corner of the said | ||
5.59-acre tract, the northernmost northwestern corner of the said | ||
107.21-acre tract, for a corner of this herein described tract; | ||
THENCE: South 71°25'54" East a distance of 49.97 feet along | ||
the southern line of said Burnet County Road 264 to a calculated | ||
point for the northernmost northeastern corner of the said | ||
107.21-acre tract, the northwestern corner of that certain tract of | ||
land called to contain 3.10 acres to Louise Dalton as described in a | ||
Warranty Deed in Document No. 200709836 of the Official Public | ||
Records of Burnet County, Texas; | ||
THENCE: South 18°41'18" West a distance of 1149.99 feet along | ||
a line of the said 107.21 acre tract, the western line of the said | ||
3.10 acre, the western line of that certain tract of land being the | ||
remainder of a called 19.66 acres to Marsha Johnson as described in | ||
a Special Warranty Deed with Vendor's Lien in Volume 1348, Page 405 | ||
of the Official Public Records of Burnet County, Texas to a | ||
calculated point for the southwestern corner of the said 19.66 acre | ||
tract, a corner of the said 107.21 acre tract, for a corner of this | ||
herein described tract; | ||
THENCE: South 70°12'07" East a distance of 476.31 feet along | ||
the southern line of the said 19.66 acre tract, a line of the | ||
remainder of a 16.64 acre tract in Volume 658, Page 200 of the Deed | ||
Records of Williamson County, Texas to a calculated point for the | ||
westernmost corner of that certain tract of land called to contain | ||
21.113 acres to David S. Karpenske as described in Document | ||
No. 2018059486 of the Official Public Records of Williamson County, | ||
Texas, a corner of the said 107.21 acre tract, for a corner of this | ||
herein described tract; | ||
THENCE: along the common lines of the said 107.21-acre tract | ||
and the said 21.113-acre tract with the following four (4) courses | ||
and distances; | ||
(1) South 45°17'39" East a distance of 487.78 feet to a | ||
calculated point for a corner of this herein described tract; | ||
(2) South 07°31'40" East a distance of 790.14 feet to a | ||
calculated point for a corner of this herein described tract; | ||
(3) North 79°56'03" East a distance of 320.49 feet to a | ||
calculated point for a corner of this herein described tract; | ||
(4) North 88°03'43" East a distance of 417.90 feet to a | ||
calculated point on the Western line of the said 950.635-acre | ||
tract, for the southeastern corner of the said 21.113-acre tract, | ||
for a corner of this herein described tract; | ||
THENCE: North 00°26'00" East a distance of 1913.53 feet along | ||
the eastern line of the said 21.113-acre tract, the eastern line of | ||
that certain tract of land called to contain 10.663 acres to Clinton | ||
C. Hamilton as described in a Receiver's Deed in Document | ||
No. 2019097604 of the Official Public Records of Williamson County, | ||
Texas, to a calculated point on the southwesterly right-of-way of | ||
the Southern Pacific Railroad (100' Right-of-way) for the | ||
northeastern corner of the said 10.663 acres, the northwestern | ||
corner of the said 950.635 acre tract, for the Northwestern corner | ||
of this herein described tract; | ||
THENCE: Along the southwestern right-of-way of the said | ||
Southern Pacific Railroad with the seven (7) following courses and | ||
distances; | ||
(1) South 71°25'42" East a distance of 7871.28 feet to a | ||
calculated point for corner; | ||
(2) South 71°30'49" East a distance of 877.87 feet to a | ||
calculated point for corner; | ||
(3) South 71°28'50" East a distance of 1044.93 feet to a | ||
calculated point for corner; | ||
(4) South 69°26'50" East a distance of 218.43 feet to a | ||
calculated point for corner; | ||
(5) South 62°26'50" East a distance of 194.63 feet to a | ||
calculated point for corner; | ||
(6) South 59°27'52" East a distance of 1288.91 feet to a | ||
calculated point for corner; | ||
(7) South 59°25'43" East a distance of 919.44 feet to a | ||
calculated point for the most northern corner of that certain tract | ||
of land called to contain 22.005 acres to Edena Bray Harris as | ||
described in an Executor's Deed in Document No. 2018052583 of the | ||
Official Public Records of Williamson County, Texas, for the | ||
easternmost corner of the said 950.635-acre tract, for the | ||
easternmost corner of this herein described tract; | ||
THENCE: South 68°43'21" West a distance of 291.70 feet | ||
departing the southwesterly right-of-way line of said Southern | ||
Pacific Railroad and the along the northerly line of the said | ||
22.005-acre tract to a calculated point for the northwestern corner | ||
of the said 22.005-acre tract, the northern most corner of that | ||
certain tract of land called to contain 546.33 acres to Butler | ||
Family Partnership, Ltd as described in Document No. 2010087926 of | ||
the Official Public Record of Williamson County, Texas, for a | ||
corner of this herein described tract; | ||
THENCE: along the northwesterly line of the said 546.33-acre | ||
tract, with the following three (3) courses and distances; | ||
(1) South 68°42'10" West a distance of 401.10 feet to a | ||
calculated point for corner; | ||
(2) South 67°54'46" West a distance of 681.61 feet to a | ||
calculated point for corner; | ||
(3) South 69°38'35" West a distance of 380.63 feet to a | ||
calculated point for corner; | ||
THENCE: South 69°40'05" West a distance of 1081.10 feet | ||
continuing along the northwesterly line of the said 546.33-acre | ||
tract and the northwesterly of the certain tract of land called to | ||
contain 134.741 acres to Dinah Beth Brothers in a Warranty Deed with | ||
Vendor's Lien in Document No. 2008063553 of the Official Public | ||
Records of Williamson County, Texas, to a calculated point for a | ||
corner of this herein described tract; | ||
THENCE: continuing along the northwesterly line of the said | ||
134.741-acre tract with the following seven (7) courses and | ||
distances; | ||
(1) North 54°17'26" West a distance of 18.60 feet to a | ||
calculated point for corner; | ||
(2) South 68°44'09" West a distance of 948.36 feet to a | ||
calculated point for corner; | ||
(3) South 68°11'18" West a distance of 602.77 feet to a | ||
calculated point for corner; | ||
(4) South 68°35'55" West a distance of 588.11 feet to a | ||
calculated point for corner; | ||
(5) South 77°19'22" West a distance of 35.17 feet to a | ||
calculated point for corner; | ||
(6) South 45°15'34" West a distance of 10.93 feet to a | ||
calculated point for corner; | ||
(7) South 68°37'50" West a distance of 835.61 feet to a | ||
calculated point for the northwesterly corner of the said | ||
134.741-acre tract, the same being the northernmost corner of that | ||
certain tract of land called to contain 76.00 acres of land to LH29 | ||
Land Holdings, LLC as described in a General Warranty Deed in | ||
Document NO. 2015110967 of the Official Public Records of | ||
Williamson County, Texas for a corner of this herein described | ||
tract; | ||
THENCE: along the northwesterly line of the said 76.00 -acre | ||
tract of land with the following four (4) courses and distances; | ||
(1) South 68°50'47" West a distance of 289.93 feet to a | ||
calculated point for corner; | ||
(2) South 69°12'48" West a distance of 766.35 feet to a | ||
calculated point for corner; | ||
(3) South 69°26'08" West a distance of 160.97 feet to a | ||
calculated point for corner; | ||
(4) South 68°27'56" West a distance of 417.26 feet to a | ||
calculated point for the northwesterly corner of the said | ||
76.00-acre tract, the northernmost corner of that certain tract of | ||
land called to contain 43.88 acres to Wilson Lay & Theary Korng as | ||
described in a General Warranty Deed with Vendor's Lien in Document | ||
No. 2015099491 of the Official Public Records of Williamson County, | ||
Texas, for a corner of this herein described tract; | ||
THENCE: South 69°02'02" West a distance of 131.00 feet along | ||
the northwesterly line of the said 43.88-acre tract to a calculated | ||
point for the easternmost corner of the said 171.85-acre tract, for | ||
a corner of this herein described tract; | ||
THENCE: South 69°22'52" West a distance of 1724.86 feet | ||
continuing along the southeasterly line of the said 171.85-acre | ||
tract, the northwestern line of the said 43.88-acre tract to a | ||
calculated point on the northeastern right-of-way line of said | ||
State Highway 29 for the northwestern corner of the said 43.88-acre | ||
tract, the southernmost corner of the said 171.85-acre tract, for | ||
the southernmost corner of this herein described tract; | ||
THENCE: along the northeasterly line of said State Highway | ||
29, the southwestern line of the said 171.85-acre tract with the | ||
following four (4) courses and distances; | ||
(1) North 54°31'00" West a distance of 278.88 feet to a | ||
calculated point for corner; | ||
(2) North 48°34'12" West a distance of 301.11 feet to a | ||
calculated point for corner; | ||
(3) North 54°15'16" West a distance of 201.54 feet to a | ||
calculated point for corner; | ||
(4) North 48°39'46" West a distance of 1017.60 feet to a | ||
calculated point for corner; | ||
THENCE: Continuing along the northeastern line of said State | ||
Highway 29, the southwestern line of the said 171.85-acre tract | ||
with a curve to the left having a Delta angle of 01°15'37", a Radius | ||
of 11519.16 feet, an Arc length of 253.39 feet with the chord of the | ||
curve North 48°37'54" West a distance of 253.38 feet to the POINT OF | ||
BEGINNING and CONTAINING an area of 1229.695 acres of land, more or | ||
less. | ||
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 | ||
8141, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 8141.0307 to read as follows: | ||
Sec. 8141.0307. 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. 4609 was passed by the House on May 8, | ||
2021, by the following vote: Yeas 109, Nays 30, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 4609 on May 28, 2021, by the following vote: Yeas 96, Nays 51, | ||
1 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4609 was passed by the Senate, with | ||
amendments, on May 27, 2021, by the following vote: Yeas 30, Nays | ||
1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |