Bill Text: TX HB4654 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the creation of the Montgomery County Municipal Utility District No. 210; 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 [HB4654 Detail]
Download: Texas-2021-HB4654-Enrolled.html
H.B. No. 4654 |
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relating to the creation of the Montgomery County Municipal Utility | ||
District No. 210; 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 7949A to read as follows: | ||
CHAPTER 7949A. MONTGOMERY COUNTY MUNICIPAL UTILITY | ||
DISTRICT NO. 210 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7949A.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 Montgomery County Municipal | ||
Utility District No. 210. | ||
Sec. 7949A.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7949A.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. 7949A.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
7949A.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. 7949A.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. 7949A.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. 7949A.0201. GOVERNING BODY; TERMS. (a) The district | ||
is governed by a board of five elected directors. | ||
(b) Except as provided by Section 7949A.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 7949A.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 7949A.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 7949A.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 7949A.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. 7949A.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7949A.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. 7949A.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. 7949A.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. 7949A.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. 7949A.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 | ||
7949A.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. 7949A.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7949A.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. 7949A.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. 7949A.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. 7949A.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. 7949A.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 Montgomery County Municipal Utility District | ||
No. 210 initially includes all the territory contained in the | ||
following area: | ||
A METES & BOUNDS description of a calculated 473.5 acre tract | ||
of land situated in the Owen Shannon Survey, Abstract Number 36, and | ||
the John H. Wood Survey, Abstract Number 603, in Montgomery County, | ||
Texas, being all of a called 345.548 acre tract (Tract I) conveyed | ||
to Scott 2012 Trust by deed recorded in Clerk's File | ||
No. 2013001327, Montgomery County Official Public Records, being | ||
all of a called 125.758 acre tract, conveyed to Roger Scott and | ||
wife, Leigh Scott by deed recorded in Clerk's File No. 2006-032563, | ||
Montgomery County Official Public Records of Real Property, being | ||
all of a called 7.846 acre tract, conveyed to Roger Scott and wife, | ||
Leigh Scott by deed recorded in Clerk's File No. 2008-032591, | ||
Montgomery County Official Public Records of Real Property, and | ||
being all of a called 1.1319 acre tract conveyed to Scott 2012 Trust | ||
by deed recorded in Clerk's File No. 2013001327, Montgomery County | ||
Official Public Records, said 473.5 acre tract being more | ||
particularly described as follows with all bearings being based on | ||
the recorded west line of called 345.548 acre tract (Tract 1) as | ||
recorded under Clerk's File No. 2013001327, Montgomery County | ||
Official Public Records: | ||
BEGINNING at a point for corner in the north line of a 74.146 | ||
acre tract recorded in Film Code No. 603-01-1804, Montgomery | ||
County, Texas and the southeast corner of a residue of a 24.8 acre | ||
tract recorded in Volume 546, Page 336, Deed Records, Montgomery | ||
County, Texas; | ||
THENCE, North 00°20'47" East, 753.89 feet (bearing basis) to a | ||
point for corner being the northeast corner of above said residue | ||
tract and the southeast corner of a 17.75 acre tract recorded in | ||
Film Code No. 270-01-0530, Real Property Records, Montgomery | ||
County, Texas; | ||
THENCE, North 00°19'04" East, 2,066.22 feet to a point for | ||
corner being the northeast corner of above said 17.75 acre tract and | ||
in the south line of a 74.057 acre tract recorded in Volume 757, | ||
Page 948, Deed Records, Montgomery County, Texas; | ||
THENCE, North 89°06'24" East, 613.86 feet to a point for | ||
corner being the southeast corner of above said 74.507 acre tract; | ||
THENCE, North 00°38'16" East, 1,613.60 feet to a point for | ||
corner being the northeast corner of a 51.030 acre tract recorded in | ||
Film Code No. 302-01-1436, Real Property Records, Montgomery | ||
County, Texas; | ||
THENCE, North 89°40'28" West, 2,756.64 feet to a point for | ||
corner being the northwest corner of above said 51.03 acre tract in | ||
the east line of a 34.28 acre tract recorded in Film Code | ||
No. 061-01-0271, Real Property Records; | ||
THENCE, North 00°00'02" East, 206.69 feet to a point for | ||
corner in the south line of a 14.0 acre tract recorded in Volume | ||
441, Page 361, Deed Records, Montgomery County, Texas; | ||
THENCE, South 89°44'43" East, 458.78 feet to a point for | ||
corner being the southeast corner of above said 14.0 acre tract and | ||
the southwest corner of a 33.00 acre tract; | ||
THENCE, South 88°54'44" East, 813.81 feet to a point for | ||
corner being the southeast corner of above said 33.00 acre tract and | ||
the southwest corner of a 4.50 acre tract recorded in Film Code | ||
No. 111-01-0656, Real Property Records, Montgomery County, Texas; | ||
THENCE, South 89°56'18" East, 1,485.56 feet to a point for | ||
corner; | ||
THENCE, North 89°45'51" East, 132.59 feet to a point for | ||
corner being the southeast corner of a 27.82 acre tract recorded in | ||
Film Code No. 207-01-0901, Real Property Records, Montgomery | ||
County, Texas; | ||
THENCE, North 00°07'47" East, 2,736.90 feet to a point for | ||
corner in the east line of above said 27.82 acre tract; | ||
THENCE, North 00°47'32" East, at 820.20 feet passing the | ||
northeast corner of above said 27.82 acre tract and continuing in | ||
all a total distance of 911.80 feet to a point for corner in the | ||
centerline of Little Lake Creek; | ||
THENCE, with the centerline of above said creek, the | ||
following fifty (50) courses and distances: | ||
1. South 46°32'00" East, 25.00 feet to a point for corner; | ||
2. North 00°57'00" East, 281.10 feet to a point for corner; | ||
3. South 85°51'07" East, 187.59 feet to a point for corner; | ||
4. South 75°26'00" East, 76.50 feet to a point for corner; | ||
5. South 63°20'00" East, 86.10 feet to a point for corner; | ||
6. North 73°18'00" East, 76.90 feet to a point for corner; | ||
7. North 81°41'00" East, 78.10 feet to a point for corner; | ||
8. South 00°51'00" West, 50.90 feet to a point for corner; | ||
9. South 56°38'00" West, 126.70 feet to a point for corner; | ||
10. South 06°56'00" West, 185.50 feet to a point for corner; | ||
11. South 70°50'00" East, 164.90 feet to a point for corner; | ||
12. South 48°29'00" East, 35.00 feet to a point for corner; | ||
13. South 47°41'00" East, 94.60 feet to a point for corner; | ||
14. South 60°18'00" West, 71.90 feet to a point for corner; | ||
15. South 18°04'00" West, 32.60 feet to a point for corner; | ||
16. South 81°53'00" West, 105.00 feet to a point for corner; | ||
17. South 61°38'00" West, 93.10 feet to a point for corner; | ||
18. South 47°34'00" East, 138.10 feet to a point for corner; | ||
19. South 85°49'00" East, 23.90 feet to a point for corner; | ||
20. South 37°54'00" East, 42.50 feet to a point for corner; | ||
21. South 06°50'00" West, 74.80 feet to a point for corner; | ||
22. South 64°49'00" East, 73.30 feet to a point for corner; | ||
23. South 19°23'00" West, 159.50 feet to a point for corner; | ||
24. South 16°08'00" East, 235.90 feet to a point for corner; | ||
25. North 65°12'00" East, 156.10 feet to a point for corner; | ||
26. South 52°44'00" East, 32.10 feet to a point for corner; | ||
27. South 17°20'00" West, 31.70 feet to a point for corner; | ||
28. South 55°10'00" West, 31.90 feet to a point for corner; | ||
29. South 27°49'00" West, 37.70 feet to a point for corner; | ||
30. South 49°18'00" East, 59.10 feet to a point for corner; | ||
31. South 76°46'00" East, 59.10 feet to a point for corner; | ||
32. North 71°46'00" East, 131.80 feet to a point for corner; | ||
33. North 48°49'00" West, 67.30 feet to a point for corner; | ||
34. North 66°26'00" West, 68.20 feet to a point for corner; | ||
35. North 02°53'00" East, 103.90 feet to a point for corner; | ||
36. North 59°28'00" East, 129.30 feet to a point for corner; | ||
37. North 66°53'00" East, 41.60 feet to a point for corner; | ||
38. South 16°36'00" East, 99.80 feet to a point for corner; | ||
39. South 29°58'00" East, 62.00 feet to a point for corner; | ||
40. South 60°31'00" East, 95.70 feet to a point for corner; | ||
41. North 00°15'00" West, 39.40 feet to a point for corner; | ||
42. North 42°01'00" East, 134.10 feet to a point for corner; | ||
43. North 80°53'00" East, 65.10 feet to a point for corner; | ||
44. South 05°21'00" East, 144.90 feet to a point for corner; | ||
45. South 01°21'00" West, 55.60 feet to a point for corner; | ||
46. South 46°03'00" East, 47.60 feet to a point for corner; | ||
47. North 72°10'00" East, 61.10 feet to a point for corner; | ||
48. South 87°48'00" East, 61.60 feet to a point for corner; | ||
49. South 13°42'00" East, 35.00 feet to a point for corner; | ||
50. South 65°36'00" West, 41.80 feet to a point for corner in the | ||
201 contour of Lake Conroe (as called for in Clerk's File | ||
No. 2013001327, Montgomery County Official Public Records); | ||
THENCE, with the 201 contour of Lake Conroe, the following | ||
fifty-four (54) courses and distances: | ||
1. North 46°17'00" West, 13.60 feet to a point for corner; | ||
2. South 53°50'00" West, 37.60 feet to a point for corner; | ||
3. South 42°08'00" West, 47.50 feet to a point for corner; | ||
4. South 26°24'00" West, 76.70 feet to a point for corner; | ||
5. South 48°35'00" West, 90.00 feet to a point for corner; | ||
6. South 20°18'00" East, 108.60 feet to a point for corner; | ||
7. South 05°44'00" East, 97.20 feet to a point for corner; | ||
8. South 27°14'00" East, 171.90 feet to a point for corner; | ||
9. South 47°12'00" East, 79.00 feet to a point for corner; | ||
10. South 54°07'00" East, 93.20 feet to a point for corner; | ||
11. South 65°12'00" East, 144.00 feet to a point for corner; | ||
12. South 48°27'00" East, 189.30 feet to a point for corner; | ||
13. South 29°45'00" East, 70.10 feet to a point for corner; | ||
14. South 38°05'00" West, 92.30 feet to a point for corner; | ||
15. South 08°01'00" West, 131.40 feet to a point for corner; | ||
16. South 70°13'00" East, 54.10 feet to a point for corner; | ||
17. South 63°03'00" East, 58.50 feet to a point for corner; | ||
18. North 71°48'00" East, 80.50 feet to a point for corner; | ||
19. North 41°21'00" East, 74.20 feet to a point for corner; | ||
20. North 32°02'00" East, 70.00 feet to a point for corner; | ||
21. South 82°00'00" East, 88.00 feet to a point for corner; | ||
22. North 56°19'00" East, 50.40 feet to a point for corner; | ||
23. South 41°56'00" East, 44.40 feet to a point for corner; | ||
24. South 10°47'00" East, 58.40 feet to a point for corner; | ||
25. South 83°04'00" West, 112.60 feet to a point for corner; | ||
26. South 25°03'00" West, 49.20 feet to a point for corner; | ||
27. South 52°09'00" East, 80.20 feet to a point for corner; | ||
28. South 46°54'00" East, 50.20 feet to a point for corner; | ||
29. South 18°30'00" East, 130.60 feet to a point for corner; | ||
30. South 80°17'00" West, 70.60 feet to a point for corner; | ||
31. South 58°20'00" West, 57.90 feet to a point for corner; | ||
32. South 56°08'00" East, 185.90 feet to a point for corner; | ||
33. South 46°12'00" East, 198.90 feet to a point for corner; | ||
34. South 65°04'00" East, 125.40 feet to a point for corner; | ||
35. South 29°05'00" East, 96.50 feet to a point for corner; | ||
36. South 04°52'00" East, 218.60 feet to a point for corner; | ||
37. South 16°36'00" East, 130.40 feet to a point for corner; | ||
38. South 04°28'00" East, 212.40 feet to a point for corner; | ||
39. South 07°36'00" West, 143.30 feet to a point for corner; | ||
40. South 00°44'00" West, 127.00 feet to a point for corner; | ||
41. South 05°01'00" West, 98.10 feet to a point for corner; | ||
42. South 12°43'00" East, 195.20 feet to a point for corner; | ||
43. South 23°24'00" East, 177.00 feet to a point for corner; | ||
44. South 56°38'17" East, 131.37 feet to a point for corner; | ||
45. South 58°15'45" East, 37.80 feet to a point for corner; | ||
46. South 19°27'45" East, 78.90 feet to a point for corner; | ||
47. South 51°53'45" East, 92.70 feet to a point for corner; | ||
48. South 44°23'45" East, 111.00 feet to a point for corner; | ||
49. South 75°33'45" East, 102.40 feet to a point for corner; | ||
50. South 63°58'45" East, 155.10 feet to a point for corner; | ||
51. South 53°48'45" East, 156.60 feet to a point for corner; | ||
52. South 29°16'45" East, 188.00 feet to a point for corner; | ||
53. South 19°12'45" East, 95.10 feet to a point for corner; | ||
54. South 50°28'56" East, 42.74 feet to a point for corner in the | ||
west line of F.M. 1097; | ||
THENCE, with the west line of above said road, the following | ||
seven (7) courses and distances: | ||
1. South 31°50'46" West, 300.73 feet to a point for corner; | ||
2. South 25°46'07" West, 102.95 feet to a point for corner; | ||
3. South 24°43'00" West, 103.80 feet to a point for corner; | ||
4. South 11°51'26" West, 314.47 feet to a point for corner; | ||
5. South 19°21'33" West, 398.89 feet to a point for corner; | ||
6. South 72°49'24" East, 44.03 feet to a point for corner; | ||
7. South 16°05'24" West, 579.11 feet to a point for corner being | ||
the northeast corner of a 10.00 acre tract recorded in File | ||
No. 8406528, Real Property Records, Montgomery County, Texas; | ||
THENCE, North 89°40'06" West, 955.80 feet to a point for | ||
corner being the northwest corner of above said 10.00 acre tract; | ||
THENCE, South 41°53'13" West, 576.96 feet to a point for | ||
corner being the northwest corner of a 4.9325 acre tract recorded | ||
under File No. 9232857, Real Property Records, Montgomery County, | ||
Texas, being the southwest corner of above said 10.00 acre tract; | ||
THENCE, South 41°58'16" West, 203.49 feet to a point for | ||
corner being the southwest corner of above said 4.9325 acre tract, | ||
the northwest corner of a residue 9.789 acre tract recorded in Film | ||
Code No. 253-01-1898, Real Property Records, Montgomery County, | ||
Texas; | ||
THENCE, South 42°02'16" West, 171.89 feet to a point for | ||
corner being the northwest corner of a 12.38 acre tract recorded in | ||
Film Code No. 402-01-1786, Real Property Records, Montgomery | ||
County, Texas and the southwest corner of above said residue tract; | ||
THENCE, South 42°04'26" West, 607.87 feet to a point for | ||
corner in the north line of a 150.00 acre tract recorded in Volume | ||
233, Page 142, Deed Records, Montgomery County, Texas; | ||
THENCE, North 88°29'18" West, 339.86 feet to a point for | ||
corner being the northwest corner of above said 150.00 acre tract | ||
and a corner of above said 345.548 acre tract; | ||
THENCE, South 01°25'00" West, 1,433.98 feet to a point for | ||
corner in the northwest line of F.M. 1097; | ||
THENCE, with the northwest line of F.M. 1097, the following | ||
two (2) courses and distances: | ||
1. South 52°24'11" West, 132.30 feet to a point for corner in the | ||
northerly line of that certain called 81.23 acre (80.72 net acres) | ||
tract described in instrument to Sarah Anne Peel Mabry, recorded in | ||
Volume 683, Page 279 of the Deed Records of Montgomery County, | ||
Texas, for the southerly southeasterly corner of above said 345.548 | ||
acre tract; | ||
2. South 44°23'30" West, 473.59 feet severing said 81.23 acre tract | ||
to a point for corner in the westerly line of said 81.23 acre tract | ||
for the easterly southeast corner of a called 13.5 acre tract | ||
described as "Tract 29" in instrument to Joda Mize and Rexina Mize, | ||
recorded in Clerk's File No. 2015010982, Official Public Records of | ||
Real Property, Montgomery County, Texas; | ||
THENCE, North 01°43'03" East, at 347.69 feet passing the | ||
common westerly corner of said 81.23 acre tract and said above said | ||
345.548 acre tract and continuing in all a total distance of | ||
1,236.98 feet to a point for corner, being the northeast corner of a | ||
14.81 acre tract recorded in Volume 596, Page 81, Deed Records | ||
Montgomery County, Texas; | ||
THENCE, North 88°57'34" West, 233.73 feet to a point for | ||
corner; | ||
THENCE, North 88°55'24" West, 187.44 feet to a point for | ||
corner being the northwest corner of above said 14.81 acre tract and | ||
the northeast corner of above said 74.145 acre tract; | ||
THENCE, North 88°56'36" West, 556.24 feet to the POINT OF | ||
BEGINNING, CONTAINING 473.5 acres (20,624,272 square feet) of land | ||
in Montgomery County, Texas, filed in the office of Manhard | ||
Consulting, Ltd. in 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 | ||
7949A, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7949A.0306 to read as | ||
follows: | ||
Sec. 7949A.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. 4654 was passed by the House on May | ||
14, 2021, by the following vote: Yeas 106, Nays 39, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4654 was passed by the Senate on May | ||
27, 2021, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |