Bill Text: TX HB5304 | 2023-2024 | 88th Legislature | Enrolled

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Bill Title: Relating to the creation of the Williamson County Municipal Utility District No. 46; 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) 2023-06-11 - Effective immediately [HB5304 Detail]

Download: Texas-2023-HB5304-Enrolled.html

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H.B. No. 5304

AN ACT
relating to the creation of the Williamson County Municipal Utility
District No. 46; 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 7971A to read as follows:
CHAPTER 7971A. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 46
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7971A.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. 46.
Sec. 7971A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7971A.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. 7971A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
7971A.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. 7971A.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. 7971A.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. 7971A.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 7971A.0202, directors
serve staggered four-year terms.
Sec. 7971A.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 7971A.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 7971A.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 7971A.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. 7971A.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7971A.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. 7971A.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. 7971A.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. 7971A.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. 7971A.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
7971A.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. 7971A.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7971A.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. 7971A.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. 7971A.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. 7971A.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. 7971A.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. 46 initially includes all the territory contained in the
following area:
BEING 122.6884-acres of land situated in the D. Casanova
Survey, Abstract No. 126, the A.J. Hayhurst Survey, Abstract
No. 305 and the J. Northcross Survey, Abstract No. 478, Williamson
County, Texas, being all of those certain tracts of land herein
listed below;
0.0265 acres and 16.15 acres of land in a General Warranty
Deed to Mike Konle, Trustee of the Mike Konle Trust Dated June 16,
1999 in Document No. 2009034437, Official Public Records,
Williamson County, Texas
16.05 acres in a Cash Warranty Deed to Mike Konle, Trustee of
the Mike Konle Trust Dated June 16, 1999 in Document
No. 2009032102, Official Public Records, Williamson County, Texas
24.89 acres in a General Warranty Deed to Mike Knole,
Trustee of the Mike Knole Trust Dated June 16, 1999 in Document
No. 2006082693, Official Public Records, Williamson County, Texas
16.00 acres in a Cash Warranty Deed to Mike Konle, Trustee of
the Mike Konle Trust Dated June 16, 1999 in Document No. 2009011564
and Document No. 2002008497, Official Public Records, Williamson
County, Texas
10.98 acres in a General Warranty Deed to Mike Konle, Trustee
of the Mike Konle Trust Dated June 16, 1999 in Document
No. 2009090300, Official Public Records, Williamson County, Texas
18.34 acres in a Cash Warranty Deed to The Mike Konle Trust
Dated June 16, 1999 in Document No. 2001088303, Official Public
Records, Williamson County, Texas
Tract One containing 19.30 acres and Tract Two containing
1.00 acres in a Cash Warranty Deed to The Mike Konle Trust Dates
June 16, 1999 in Document No. 2002072070 and being further
described in Document No. 2001088810, Official Public Records,
Williamson County, Texas,
said 122.6884-acres of land being more particularly
described in Two (2) tracts (0.0264 Acres & 122.662 Acres) as
follows with bearings based on the Texas Coordinate System of 1983,
Central Zone:
TRACT 1(0.0264-ACRES):
0.0264-acres of land situated in the D. Casanova Survey,
Abstract No. 126, Williamson County, Texas, being all of that said
certain tract of land called to contain 0.0265 acres in Document
No. 2009034437;
BEGINNING: at a 1/2-inch iron rod with cap stamped "Bury &
Partners" found for a southern corner of that certain tract of land
called to contain 109.818 acres in a Special Warranty Deed with
Vendor's Lien to GT Land Holdings, I, LLC in Document
No. 2021072442 of the Official Public Records of Williamson County,
Texas, the easternmost corner of the said 0.0265-acre tract, the
northeastern most corner of that certain 13.914-acre tract to
Williamson County, Texas for Ronald W. Reagan Boulevard (right of
way varies) in Document No. 2006014718 of the Official Public
Records of Williamson County, Texas, the westernmost corner of that
certain 9.099-acre tract to Williamson County, Texas for Ronald W.
Reagan Boulevard (right of way varies) in Document No. 2006018713
of the Official Public Records of Williamson County, Texas, for the
easternmost corner of this herein described tract;
THENCE: South 58°29'01" West a distance of 89.41 feet along
the northwestern line of said Ronald W. Reagan Boulevard in
Document No. 2006014718 to a 1/2-inch iron rod with cap stamped
"RCS 5793" found for the southwestern corner of the said
0.0265-acre tract, the southwestern the southeastern corner of that
certain tract of land called to contain 0.245 acres as described in
said Document No. 2006014718 to Williamson County, Texas, from
which a 1/2-inch iron rod with cap stamped "PBS&J" found for the
southwestern corner of the said 0.245-acre tract, the southeastern
corner of the said 16.15-acre tract in Document No. 2009034437, the
southeastern corner and Point of Beginning of the 122.662-acre
herein described below bears South 58°41'49" West a distance of
199.73 feet;
THENCE: North 31°02'19" West a distance of 25.76 feet along
the eastern line of the said 0.245-acre tract, the western line of
the said 0.0265-acre tract to a 1/2-inch iron rod with cap stamped
"RCS 5793" found on the southern line of the said 109.818-acre tract
in Document No. 2021072442, for the northeastern corner of the said
0.245-acre tract, the northwestern corner of the said 0.0265-acre
tract, for the northwestern of this herein described tract, from
which a 1/2-inch iron rod with cap stamped "RCS 5793" found for the
northeastern corner of the said 16.15-acre tract in Document
No. 2009034437, a corner of the said 122.662-acre tract herein
described below bears South 74°51'58" West a distance of 158.60
feet;
THENCE: North 74°35'30" East a distance of 92.84 feet along
the southern line of the said 109.818-acre tract to the POINT OF
BEGINNING and CONTAINING 0.0264-acres of land.
TRACT 2(122.662-Acres):
122.662-acres of land situated in the D. Casanova Survey,
Abstract No. 126, the A.J. Hayhurst Survey, Abstract No. 305 and
the J. Northcross Survey, Abstract No. 478 Williamson County,
Texas, being all of the said 16.15 acres in Document
No. 2009034437, 16.05 acres in Document No. 2009032102, 24.89
acres in Document No. 2006082693, 16.00 acres in Document
No. 2009011564 and Document No. 2002008497, 10.98 acres in
Document No. 2009090300, 18.34 acres in Document No. 2001088303,
and Tract One - 19.30 acres and Tract Two - 1.00 acre in Document
No. 2002072070 and further described in Document No. 2001088810 of
the Official Public Records of Williamson County, Texas;
BEGINNING: at a 1/2-inch iron rod with cap stamped "PBS&J"
found on the northwestern line of that certain 13.914-acre tract to
Williamson County, Texas for Ronald W. Reagan Boulevard (right of
way varies) in Document No. 2006014718 of the Official Public
Records of Williamson County, Texas, the southeastern corner of the
said 16.15-acre tract in Document No. 2009034437, the southwestern
corner of that certain tract of land called to contain 0.245 acres
as described in said Document No. 2006014718 to Williamson County,
Texas, for the southeastern corner of this herein described tract,
from which a 1/2-inch iron rod with cap stamped "RCS 5793" found for
the southeastern corner of the said 0.245-acre tract, the
southwestern corner of the said 0.0265-acre tract in Document
No. 2009034437 bears North 58°41'49" East a distance of 199.73 feet;
THENCE: South 58°41'13" West a distance of 291.03 feet along
the northwestern line of said Ronald W. Reagan Boulevard to a
1/2-inch iron rod with cap stamped "PBS&J" found for a corner of
said Ronald W. Reagan Boulevard, a corner of the said 16.15-acre
tract, for a corner of this herein described tract;
THENCE: North 31°24'15" West a distance of 14.90 feet along a
line of said Ronald W. Reagan Boulevard, a line of the said
16.15-acre tract to a 1/2-inch iron rod with cap stamped "PBS&J"
found for a corner of said Ronald W. Reagan Boulevard, a corner of
the said 16.15-acre tract, for a corner of this herein described
tract;
THENCE: South 58°40'20" West a distance of 199.70 feet along a
northwestern line of said Ronald W. Reagan Boulevard, a
southeastern line of the said 16.15-acre tract to a 1/2-inch iron
rod with cap stamped "PBS&J" found for a corner of said Ronald W.
Reagan Boulevard, a corner of the said 16.15-acre tract, for a
corner of this herein described tract;
THENCE: South 31°17'41" East a distance of 14.96 feet along a
line of said Ronald W. Reagan Boulevard, a line of the said
16.15-acre tract to a 1/2-inch iron rod with cap stamped "PBS&J"
found for a corner of said Ronald W. Reagan Boulevard, a corner of
the said 16.15-acre tract, for a corner of this herein described
tract;
THENCE: South 58°38'53" West a distance of 257.59 feet along a
northwestern line of said Ronald W. Reagan Boulevard, a
southeastern line of the said 16.15-acre tract to a 1/2-inch iron
rod with cap stamped "PBS&J" found for a corner of said Ronald W.
Reagan Boulevard, a corner of the said 16.15-acre tract, for a
corner of this herein described tract;
THENCE: South 64°25'15" West a distance of 99.61 feet
continuing along a northwestern line of said Ronald W. Reagan
Boulevard, a southeastern line of the said 16.15-acre tract to a
1/2-inch iron rod with cap stamped "PBS&J" found for a corner of
said Ronald W. Reagan Boulevard, a corner of the said 16.15-acre
tract, the southeastern corner of a 0.230-acre Drainage Easement in
said Document No. 2006014718, for a corner of this herein described
tract;
THENCE: North 31°24'38" West a distance of 49.74 feet along
the eastern line of the said 0.230-acre Drainage easement, a line of
the said 16.15-acre tract to a 1/2-inch iron rod with cap stamped
"PBS&J" found for the northeastern corner of the said 0.230-acre
Drainage easement, a corner of the said 16.15-acre tract, for a
corner of this herein described tract;
THENCE: South 58°37'09" West a distance of 199.58 feet along
the northwestern line of the said 0.230-acre Drainage easement, a
line of the said 16.15-acre tract to a 1/2-inch iron rod found for
the northwestern of the said 0.230-acre Drainage easement, a corner
of the said 16.15-acre tract, for a corner of this herein described
tract;
THENCE: South 30°56'20" East a distance of 49.71 feet along a
western line of the said 0.230-acre Drainage easement, a line of the
said 16.15-acre tract to a 1/2-inch iron rod found for the
southwestern corner of the said 0.230-acre Drainage easement, on
the northwestern line of said Ronald W. Reagan Boulevard, for a
corner of the said 16.15-acre tract, for a corner of this herein
described tract;
THENCE: South 53°03'38" West a distance of 101.35 feet
continuing along a northwestern line of said Ronald W. Reagan
Boulevard, a southeastern line of the said 16.15-acre tract to a
1/2-inch iron rod found for a corner of said Ronald W. Reagan
Boulevard, a corner of the said 16.15-acre tract, for a corner of
this herein described tract;
THENCE: South 58°37'29" West a distance of 300.27 feet
continuing along a northwestern line of said Ronald W. Reagan
Boulevard, a southeastern line of the said 16.15-acre tract to a
1/2-inch iron rod with Red Cap found for a corner of said Ronald W.
Reagan Boulevard, a corner of the said 16.15-acre tract, for a
corner of this herein described tract;
THENCE: North 30°59'19" West a distance of 20.09 feet
continuing along a line of said Ronald W. Reagan Boulevard, a line
of the said 16.15-acre tract to a 1/2-inch iron rod found for a
corner of said Ronald W. Reagan Boulevard, a corner of the said
16.15-acre tract, for a corner of this herein described tract;
THENCE: South 58°39'12" West a distance of 531.01 feet
continuing along a line of said Ronald W. Reagan Boulevard, a line
of the said 16.15-acre tract to a 1/2-inch iron rod found for a
corner of said Ronald W. Reagan Boulevard at the intersection of
County Road 289 (right of way varies), for a southwestern corner of
the said 16.15-acre tract, for a corner of this herein described
tract;
THENCE: North 71°32'17" West a distance of 50.11 feet along a
cutback line at the intersection of said Ronald W. Reagan
Boulevard, the said County Road 289 and a line of the said
16.15-acre tract to a 1/2-inch iron rod with cap stamped "RCS 5793"
found for a cutback corner of said County Road 289, a corner of the
said 16.15-acre tract, for a corner of this herein described tract;
THENCE: North 21°32'03" West a distance of 595.51 feet along a
western line of the said 16.15-acre tract, an eastern line of said
County Road 289 to a 5/8-inch iron rod with cap stamped
"JonesCarter" set on the southeastern line of the said 16.05-acre
tract in Document No. 2009032102, for the northwestern corner of
the said 16.15-acre tract, a corner of said County Road 289, for a
corner of this herein described tract;
THENCE: South 75°04'12" West a distance of 19.82 feet along a
southeastern line of the said 16.05-acre tract, a northern line of
said County Road 289 to a 5/8-inch iron rod with cap stamped
"JonesCarter" set for a corner of the said 16.05-acre tract, for a
corner of this herein described tract;
THENCE: South 74°01'34" West a distance of 86.82 feet along a
southeastern line of the said 16.05-acre tract, a northern line of
said County Road 289 to a 1/2-inch rod found for the westernmost
corner of the said 16.05-acre tract, a southern corner of the said
24.89-acre tract in Document No. 2006082693, for a corner of this
herein described tract, from which a 1/2-inch iron rod found for the
northwestern corner of the said 16.05-acre tract, a corner of the
said 24.89-acre tract bears North 35°05'00" East a distance of
646.37 feet;
THENCE: South 74°36'22" West a distance of 76.32 feet along a
southern line of the said 24.89-acre tract, a northern line of said
County Road 289 to a 1/2-inch iron rod found for a southwestern
corner of the said 24.89-acre tract, a southern corner of the said
16.00-acre tract in Document No. 2009011564 for a corner of this
herein described tract, from which a 1/2-inch iron rod found for a
corner of the said 24.89-acre tract, a corner of the said 16.00-acre
tract bears North 35°03'04" East a distance of 723.92 feet;
THENCE: South 74°36'24" West a distance of 295.22 feet along a
southern line of the said 16.00-acre tract, a northern line of said
County Road 289 to a 5/8-inch iron rod with cap stamped
"JonesCarter" set for a southwestern corner of the said 16.00-acre
tract, a corner of said County Road 289, for a corner of this herein
described tract;
THENCE: North 54°55'35" West a distance of 83.33 feet along a
southwestern line of the said 16.00-acre tract a line of said County
Road 289 to a 5/8-inch iron rod with cap stamped "JonesCarter" set
for a corner of the said 16.00-acre tract, a corner of said County
Road 289, for a corner of this herein described tract;
THENCE: North 23°21'55" West a distance of 252.71 feet along a
northeastern line of said County Road 289, a southwestern line of
the said 16.00-acre tract to a 1/2-inch iron rod found for a corner
of said County Road 289, a corner of the said 16.00-acre tract, for
a corner of this herein described tract;
THENCE: North 19°56'36" West a distance of 216.15 feet
continuing along a northeastern line of said County Road 289, a
southwestern line of the said 16.00-acre tract to a 1/2-inch iron
rod found for the northwestern corner of the said 16.00-acre tract,
the southwestern corner of the said 10.98-acre tract in Document
No. 2009090300, a corner of said County Road 289, for a corner of
this herein described tract, from which a 1/2-inch iron rod found
for the northeastern corner of the said 16.00-acre tract, an
eastern corner of the said 10.89-acre tract and a corner of the said
24.89-acre tract bears North 46°11'32" East a distance of 1410.65
feet;
THENCE: North 20°09'59" West a distance of 113.57 feet
continuing along a northeastern line of said County Road 289, a
southwestern line of the said 10.98-acre tract to a 3/8-inch iron
rod found for a corner of said County Road 289, a corner of the said
10.98-acre tract, for a corner of this herein described tract;
THENCE: North 34°59'24" West a distance of 178.61 feet
continuing along a northeastern line of said County Road 289, a
southwestern line of the said 10.98-acre tract to a 1/2-inch iron
rod found for a corner of said County Road 289, a corner of the said
10.98-acre tract, for a corner of this herein described tract;
THENCE: North 52°26'07" West a distance of 106.30 feet
continuing along a northeastern line of said County Road 289, a
southwestern line of the said 10.98-acre tract to a 1/2-inch iron
rod found for a corner of said County Road 289, a corner of the said
10.98-acre tract, for a corner of this herein described tract;
THENCE: South 78°42'39" West a distance of 41.23 feet
continuing along a northern line of said County Road 289, a line of
the said 10.98-acre tract to a 1/2-inch iron rod found for a corner
of said County Road 289, the westernmost corner of the said
10.98-acre tract, a corner of the said Tract One - 19.30 acres in
Document No. 2002072070, for a corner of this herein described
tract;
THENCE: South 78°42'39" West a distance 58.41 feet continuing
along a northern line of said County Road 289 and passing a common
corner of the said Tract One - 19.30 acres and the said 18.34-acre
tract in Document No. 2001088303 to a 5/8-inch iron rod with cap
stamped "JonesCarter" set for a corner of the said 18.34-acre
tract, a corner of said County Road 289, for a corner of this herein
described tract;
THENCE: South 61°47'42" West a distance of 47.02 feet
continuing along a northern line of said County Road 289 to a
5/8-inch iron rod with cap stamped "JonesCarter" set for the
westernmost southwestern corner of the said 18.34-acre tract, the
southeastern corner of that certain tract called Tract 2 - 0.72
acres in a Warranty Deed to John Ben Atkinson in Document
No. 2018011295 of the Official Public Records of Williamson County,
Texas, for a corner of this herein described tract, from which a
1/2-inch iron rod found for a corner of said Tract 2 - 0.72 acres
bears South 61°47'42" West a distance of 64.27 feet;
THENCE: North 02°28'00" West a distance of 170.14 feet along a
western line of the said 18.34-acre tract, an eastern line of said
Tract 2 - 0.72 acres to a 1/2-inch iron rod found for a corner of the
said 18.34-acre tract, a corner of said Tract 2, for a corner of
this herein described tract;
THENCE: North 21°00'43" East a distance of 190.45 feet
continuing along a western line of the said 18.34-acre tract, a
southeastern line of the said Tract 2 - 0.72 acres to a 1/2-inch
iron rod found for a corner of the said 18.34-acre tract, a corner
of said Tract 2, for a corner of this herein described tract;
THENCE: North 37°19'00" East a distance of 107.77 feet
continuing along a line of the said 18.34-acre tract, a
southeastern line of said Tract 2 - 0.72 acres to a 1/2-inch iron
rod found on the southwestern line of Tract 1 - 35.28 acres in said
Document No. 2018011295, for a corner of said Tract 2, a corner of
the said 18.34-acre tract, for a corner of this herein described
tract;
THENCE: South 17°33'06" East a distance of 13.62 feet along
the southwestern line of said Tract 1 - 35.28 acres, a line of the
said 18.34-acre tract to a 1/2-inch iron rod found for the
southwestern corner of said Tract 1, a corner of the said 18.34-acre
tract, for a corner of this herein described tract;
THENCE: North 70°28'29" East a distance of 1204.48 feet along
the southeastern line of said Tract 1 - 35.28 acres, a line of the
said 18.34-acre tract to a 1/2-inch iron rod found for the
southeastern corner of the said Tract 1, a corner of the said
18.34-acre tract, for a corner of this herein described tract;
THENCE: North 16°16'49" West a distance of 1307.48 feet along
the northeastern line of said Tract 1 - 35.28 acres, a southwestern
line of the said 18.34-acre tract to a 3/4-inch iron pipe with
pinched top found on the southeastern line of that certain Tract
called Tract 1 containing 129.95 acres in a Special Warranty Deed to
Rocking Wilco, L.P. in Document No. 2014101181 and described in a
metes and bounds description in Document No. 2005007206 of the
Official Public Records of Williamson County, Texas, for the
northeastern corner of said Tract 1 - 35.28 acres, the northwestern
corner of the said 18.34-acre tract, for a corner of this herein
described tract;
THENCE: North 67°51'17" East a distance of 1163.65 feet along
the southeastern line of the said 129.95-acre tract, the
northwestern line of the said 18.34-acre tract to a disturbed
1/2-inch iron rod found for the northeastern corner of this herein
described tract on the southwestern line of that certain tract of
land called to contain 413.839-acres in a Special Warranty Deed
with Vendor's Lien to GT Land Holdings I, LLC in Document
No. 2021072442 of the Official Public Records of Williamson County,
Texas, for the northeastern corner of the said 18.34-acre tract,
from which a 2-inch pipe fence post found called to be the
southeastern corner of the said 129.95-acre tract bears South
88°53'27" West a distance of 0.93 feet;
THENCE: South 20°33'31" East a distance of 257.86 feet along a
northeastern line of the said 18.34-acre tract, a southwestern line
of the said 413.839-acre tract to a 1/2-inch iron rod found for a
corner of the said 18.34-acre tract, a corner of the said
413.839-acre tract, for a corner of this herein described tract;
THENCE: South 11°21'33" East a distance of 378.92 feet
continuing a northeastern line of the said 18.34-acre tract, a
southwestern line of the said 413.839-acre tract to a 1/2-inch iron
rod found for the easternmost southeastern corner of the said
18.34-acre tract, the northeastern corner of said Tract One - 19.30
acres in Document No. 2002072070, for a corner of this herein
described tract, from which a 1/2-inch iron rod found for the
southeastern corner of said Tract Two - 1.00 acres in said Document
No. 2002072070 bears South 68°48'22" West a distance of 128.84 feet;
THENCE: South 11°05'57" East a distance of 732.65 feet
continuing along a southwestern line of the said 413.839-acre
tract, the southwestern line of the said 109.818-acre tract in
Document No. 2021072442, the northeastern line of the said Tract
One - 19.30 acres, to a 1/2-inch iron rod found for the southeastern
corner of the said Tract One - 19.30 acres, the northeastern corner
of the said 24.89-acre tract in Document No. 2006082693, for a
corner of this herein described tract;
THENCE: South 10°39'33" East a distance of 233.04 feet along a
northeastern line of the said 24.89-acre tract, a southwestern line
of the said 109.818-acre tract to a 1/2-inch iron rod with cap
stamped "Bury & Partners" found for a corner of the said
109.818-acre tract, a corner of the said 24.89-acre tract, for a
corner of this herein described tract;
THENCE: South 19°27'42" East a distance of 716.60 feet
continuing along a northeastern line of the said 24.89-acre tract,
a southwestern line of the said 109.818-acre tract to a 1/2-inch
iron rod found for the southeastern corner of the said 24.89-acre
tract, the northeastern corner of the said 16.05-acre tract in
Document No. 2009032102 for a corner of this herein described
tract, from which a 1/2-inch iron rod found the northwestern corner
of the said 16.05-acre tract, a corner of the said 24.89-acre tract
bears South 71°28'00" West a distance of 1295.28 feet;
THENCE: South 19°19'23" East a distance of 496.60 feet
continuing along the northeastern line of the said 16.05-acre
tract, a southwestern line of the said 109.818-acre tract to a
1/2-inch iron rod found for the southwestern corner of the said
109.818-acre tract, the southeastern corner of the said 16.05-acre
tract on the Northern line of the said 16.15-acre tract in Document
No. 2009034437, for a corner of this herein described tract;
THENCE: North 74°48'53" East a distance of 321.30 feet along a
southern line of the said 109.818-acre tract, the northern line of
the said 16.15-acre tract to a 1/2-inch iron rod with cap stamped
"RCS 5793" found for the easternmost northeastern corner of the
said 16.15-acre tract, a corner of the said Williamson County
0.245-acre tract in Document No. 2006014718, for a corner of this
herein described tract, from which a 1/2-inch iron rod with cap
stamped "RCS 5793" found for the northeastern corner of the said
0.245-acre tract, the northwestern corner of the said 0.0265-acre
tract in Document No. 2009034437, the same being the northwestern
corner of the above described 0.0264-acre tract bears North
74°51'58" East a distance of 158.60 feet;
THENCE: South 58°52'35" West a distance of 47.62 feet along a
northern line of the said 0.245-acre tract, a line of the said
16.15-acre tract to a 1/2-inch iron rod with cap stamped "PBS&J"
found for the westernmost northwestern corner of the said
0.245-acre tract, a corner of the said 16.15-acre tract, for a
corner of this herein described tract;
THENCE: South 31°22'49" East a distance of 70.07 feet along a
western line of the said 0.245-acre tract, a line of the said
16.15-acre tract to POINT OF BEGINNING and CONTAINING 122.662 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
7971A, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7971A.0306 to read as
follows:
Sec. 7971A.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, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 5304 was passed by the House on May 9,
2023, by the following vote: Yeas 107, Nays 35, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 5304 was passed by the Senate on May
21, 2023, by the following vote: Yeas 26, Nays 4, 1 present, not
voting.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor