Bill Text: TX HB5326 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the Orchard Municipal Utility District No. 2; 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) 2023-06-17 - Effective immediately [HB5326 Detail]
Download: Texas-2023-HB5326-Comm_Sub.html
Bill Title: Relating to the creation of the Orchard Municipal Utility District No. 2; 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) 2023-06-17 - Effective immediately [HB5326 Detail]
Download: Texas-2023-HB5326-Comm_Sub.html
88R22803 MP-F | |||
By: Gates | H.B. No. 5326 | ||
Substitute the following for H.B. No. 5326: | |||
By: Burns | C.S.H.B. No. 5326 |
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relating to the creation of the Orchard Municipal Utility District | ||
No. 2; 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 8079A to read as follows: | ||
CHAPTER 8079A. ORCHARD MUNICIPAL UTILITY DISTRICT NO. 2 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8079A.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 Orchard Municipal Utility | ||
District No. 2. | ||
Sec. 8079A.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8079A.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. 8079A.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
8079A.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 as required by | ||
applicable law. | ||
Sec. 8079A.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. 8079A.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. 8079A.0201. GOVERNING BODY; TERMS. (a) The district | ||
is governed by a board of five elected directors. | ||
(b) Except as provided by Section 8079A.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 8079A.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 8079A.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 8079A.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 8079A.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. 8079A.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8079A.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. 8079A.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. 8079A.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. 8079A.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. 8079A.0306. DIVISION OF DISTRICT. (a) 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. | ||
(b) An order dividing a district may create one or more new | ||
districts and may provide for the continuation of the district. | ||
(c) An order dividing the district shall: | ||
(1) name any new district; | ||
(2) include the metes and bounds description of the | ||
territory of each of the districts; | ||
(3) appoint temporary directors for any new district; | ||
and | ||
(4) provide for the division of assets and liabilities | ||
between the districts. | ||
(d) The board may adopt an order dividing the district | ||
before or after the date the board holds an election to confirm the | ||
district's creation. | ||
(e) The district may be divided only if the district: | ||
(1) has never issued any bonds; and | ||
(2) is not imposing ad valorem taxes. | ||
(f) 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. | ||
(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) 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. | ||
(i) A new district created by the division of the district | ||
shall hold a confirmation and directors' election. | ||
(j) If the creation of the new district is confirmed, the | ||
new district shall provide the election date and results to the | ||
commission. | ||
(k) A 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. | ||
(l) The district may continue to rely on confirmation, | ||
directors', bond, or tax elections held prior to the division. | ||
(m) Municipal consent to the creation of the district and to | ||
the inclusion of land in the district 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. 8079A.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 | ||
8079A.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. 8079A.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8079A.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. 8079A.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. 8079A.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. 8079A.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. 8079A.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. Orchard Municipal Utility District No. 2 | ||
initially includes all the territory contained in the following | ||
area: | ||
Being a 2,717.3 acre tract of land located in the Nancy | ||
Spencer Survey, Abstract No. 88, Fort Bend County, Texas; said | ||
2,717.3 acre tract being a portion of a called 3,719.849 acre tract | ||
of land (Tract 11) recorded in Clerk's File (C.F.) No. 9632563 of | ||
the Official Public Records of Fort Bend County (O.P.R.F.B.C.) said | ||
2,717.3 acre tract being more particularly described as follows | ||
(all bearings are referenced to the Texas Coordinate System, North | ||
American Datum 1983 (NAD 83), South Central Zone): | ||
Commencing at the southwest corner of said 3,719.849 acre | ||
tract, the southeast corner of a called 191.415 acre tract of land | ||
recorded in the name of J.F.D. Moore Estate Heirs Partnership, LTD. | ||
in Volume 2729, Page 2237 of the Deed Records of Fort Bend County | ||
(D.R.F.B.C.) and being on the northeasterly right-of-way line of | ||
the G. C. & S.F. Railroad (formerly B.B.B. & C. Railroad) (100 feet | ||
wide); | ||
Thence, with the westerly line of said 3,719.849 acre tract, | ||
the easterly line of said 191.415 acre tract, and the easterly line | ||
of a called 640 acre tract of land recorded in the name of J.F.D. | ||
Moore Estate Heirs Partnership, Ltd. in said Volume 2729, Page 2237 | ||
of the O.P.R.F.B.C., North 02 degrees 49 minutes 03 seconds West, a | ||
distance of 2,329.33 feet to the Point of Beginning of the herein | ||
described tract; | ||
1. Thence, with the westerly line of said 3,719.849 acre | ||
tract, the easterly line of said 640 acre tract, and the easterly | ||
line of a called 2,155 acre tract of land recorded in the name of | ||
J.F.D. Moore Estate Heirs Partnership, Ltd. in said Volume 2729, | ||
Page 2237 of the O.P.R.F.B.C., North 02 degrees 49 minutes 03 | ||
seconds West, at a distance of 4,247.95 feet pass a concrete | ||
monument found at the northeast corner of said 640 acre tract and | ||
the southeast corner of said 2,155 acre tract, continuing a total a | ||
distance of 18,850.37 feet; | ||
Thence, continuing with the westerly line of said 3,719.849 | ||
acre tract and the easterly line of said 2,155 acre tract, the | ||
following three (3) courses: | ||
1. North 03 degrees 02 minutes 24 seconds West, a distance | ||
of 2,781.00 feet; | ||
2. North 03 degrees 06 minutes 21 seconds West, a distance | ||
of 932.80 feet; | ||
3. North 02 degrees 49 minutes 21 seconds West, a distance | ||
of 1,502.80 feet to the westerly high bank of the Brazos River; | ||
Thence, generally with said westerly high bank of the Brazos | ||
River, the following eleven (11) courses: | ||
4. South 72 degrees 44 minutes 02 seconds East, a distance | ||
of 14.76 feet; | ||
5. South 78 degrees 41 minutes 04 seconds East, a distance | ||
of 417.66 feet; | ||
6. South 75 degrees 00 minutes 02 seconds East, a distance | ||
of 229.22 feet; | ||
7. South 70 degrees 02 minutes 45 seconds East, a distance | ||
of 180.03 feet; | ||
8. South 67 degrees 00 minutes 16 seconds East, a distance | ||
of 165.02 feet; | ||
9. South 61 degrees 35 minutes 51 seconds East, a distance | ||
of 207.59 feet; | ||
10. South 63 degrees 19 minutes 42 seconds East, a distance | ||
of 248.21 feet; | ||
11. South 56 degrees 54 minutes 06 seconds East, a distance | ||
of 204.89 feet; | ||
12. South 44 degrees 17 minutes 52 seconds East, a distance | ||
of 257.06 feet; | ||
13. South 26 degrees 27 minutes 30 seconds East, a distance | ||
of 215.03 feet; | ||
14. South 32 degrees 02 minutes 31 seconds East, a distance | ||
of 22.36 feet; | ||
15. Thence, across aforesaid 3,719.849 acre tract, 4,373.78 | ||
feet along the arc of a curve to the left, said curve having a | ||
central angle of 94 degrees 55 minutes 26 seconds, a radius of | ||
2,640.00 feet and a chord that bears South 00 degrees 36 minutes 58 | ||
seconds East, a distance of 3,890.45 feet; | ||
16. Thence, continuing across said 3,719.849 acre tract, | ||
4,150.57 feet along the arc of a curve to the left, said curve | ||
having a central angle of 90 degrees 04 minutes 47 seconds, a radius | ||
of 2,640.00 feet and a chord that bears South 44 degrees 24 minutes | ||
01 seconds East, a distance of 3,736.12 feet to aforesaid westerly | ||
high bank of the Brazos River; | ||
Thence, generally with said westerly high bank of the Brazos | ||
River, the following eighty (80) courses: | ||
17. South 34 degrees 28 minutes 13 seconds East, a distance | ||
of 433.92 feet; | ||
18. South 41 degrees 29 minutes 22 seconds East, a distance | ||
of 354.45 feet; | ||
19. South 59 degrees 43 minutes 40 seconds East, a distance | ||
of 178.25 feet; | ||
20. South 64 degrees 55 minutes 25 seconds East, a distance | ||
of 217.46 feet; | ||
21. South 45 degrees 36 minutes 07 seconds East, a distance | ||
of 156.54 feet; | ||
22. South 61 degrees 02 minutes 24 seconds East, a distance | ||
of 290.45 feet; | ||
23. South 62 degrees 55 minutes 23 seconds East, a distance | ||
of 220.95 feet; | ||
24. South 51 degrees 38 minutes 39 seconds East, a distance | ||
of 205.63 feet; | ||
25. South 50 degrees 33 minutes 15 seconds East, a distance | ||
of 241.04 feet; | ||
26. South 64 degrees 47 minutes 04 seconds East, a distance | ||
of 180.54 feet; | ||
27. South 47 degrees 48 minutes 24 seconds East, a distance | ||
of 192.00 feet; | ||
28. South 37 degrees 06 minutes 08 seconds East, a distance | ||
of 227.18 feet; | ||
29. South 36 degrees 59 minutes 46 seconds East, a distance | ||
of 159.52 feet; | ||
30. South 43 degrees 31 minutes 03 seconds East, a distance | ||
of 503.94 feet; | ||
31. South 40 degrees 03 minutes 12 seconds East, a distance | ||
of 672.25 feet; | ||
32. South 33 degrees 07 minutes 00 seconds East, a distance | ||
of 172.05 feet; | ||
33. South 35 degrees 00 minutes 51 seconds East, a distance | ||
of 236.49 feet; | ||
34. South 40 degrees 01 minutes 43 seconds East, a distance | ||
of 214.33 feet; | ||
35. South 32 degrees 15 minutes 15 seconds East, a distance | ||
of 219.68 feet; | ||
36. South 26 degrees 38 minutes 11 seconds East, a distance | ||
of 222.66 feet; | ||
37. South 31 degrees 11 minutes 43 seconds East, a distance | ||
of 242.07 feet; | ||
38. South 29 degrees 50 minutes 26 seconds East, a distance | ||
of 263.79 feet; | ||
39. South 12 degrees 47 minutes 53 seconds East, a distance | ||
of 200.25 feet; | ||
40. South 20 degrees 55 minutes 56 seconds East, a distance | ||
of 300.61 feet; | ||
41. South 20 degrees 01 minutes 43 seconds East, a distance | ||
of 209.00 feet; | ||
42. South 12 degrees 26 minutes 57 seconds East, a distance | ||
of 254.24 feet; | ||
43. South 08 degrees 08 minutes 54 seconds East, a distance | ||
of 202.50 feet; | ||
44. South 03 degrees 28 minutes 48 seconds East, a distance | ||
of 146.68 feet; | ||
45. South 00 degrees 08 minutes 48 seconds East, a distance | ||
of 268.65 feet; | ||
46. South 08 degrees 27 minutes 15 seconds West, a distance | ||
of 223.96 feet; | ||
47. South 13 degrees 58 minutes 09 seconds West, a distance | ||
of 181.17 feet; | ||
48. South 25 degrees 23 minutes 14 seconds West, a distance | ||
of 155.08 feet; | ||
49. South 35 degrees 06 minutes 01 seconds West, a distance | ||
of 590.15 feet; | ||
50. South 31 degrees 39 minutes 21 seconds West, a distance | ||
of 175.38 feet; | ||
51. South 28 degrees 17 minutes 22 seconds West, a distance | ||
of 237.30 feet; | ||
52. South 37 degrees 20 minutes 10 seconds West, a distance | ||
of 237.30 feet; | ||
53. South 38 degrees 08 minutes 03 seconds West, a distance | ||
of 225.32 feet; | ||
54. South 35 degrees 15 minutes 38 seconds West, a distance | ||
of 248.60 feet; | ||
55. South 35 degrees 51 minutes 07 seconds West, a distance | ||
of 309.84 feet; | ||
56. South 23 degrees 27 minutes 15 seconds West, a distance | ||
of 320.51 feet; | ||
57. South 13 degrees 04 minutes 47 seconds East, a distance | ||
of 261.27 feet; | ||
58. South 25 degrees 58 minutes 32 seconds West, a distance | ||
of 91.14 feet; | ||
59. South 04 degrees 23 minutes 14 seconds West, a distance | ||
of 138.87 feet; | ||
60. South 04 degrees 29 minutes 37 seconds West, a distance | ||
of 127.72 feet; | ||
61. South 17 degrees 35 minutes 25 seconds East, a distance | ||
of 89.22 feet; | ||
62. South 21 degrees 29 minutes 39 seconds East, a distance | ||
of 246.80 feet; | ||
63. South 29 degrees 42 minutes 34 seconds East, a distance | ||
of 301.29 feet; | ||
64. South 08 degrees 28 minutes 17 seconds East, a distance | ||
of 128.18 feet; | ||
65. South 20 degrees 05 minutes 47 seconds East, a distance | ||
of 206.11 feet; | ||
66. South 30 degrees 59 minutes 24 seconds East, a distance | ||
of 377.55 feet; | ||
67. South 29 degrees 33 minutes 11 seconds East, a distance | ||
of 275.71 feet; | ||
68. South 30 degrees 19 minutes 21 seconds East, a distance | ||
of 254.07 feet; | ||
69. South 33 degrees 15 minutes 30 seconds East, a distance | ||
of 219.30 feet; | ||
70. South 19 degrees 03 minutes 31 seconds East, a distance | ||
of 171.86 feet; | ||
71. South 23 degrees 26 minutes 15 seconds East, a distance | ||
of 272.19 feet; | ||
72. South 12 degrees 44 minutes 43 seconds East, a distance | ||
of 240.72 feet; | ||
73. South 09 degrees 23 minutes 30 seconds East, a distance | ||
of 186.65 feet; | ||
74. South 01 degrees 54 minutes 46 seconds East, a distance | ||
of 227.10 feet; | ||
75. South 02 degrees 07 minutes 28 seconds East, a distance | ||
of 126.95 feet; | ||
76. South 02 degrees 18 minutes 17 seconds West, a distance | ||
of 214.97 feet; | ||
77. South 03 degrees 32 minutes 30 seconds West, a distance | ||
of 166.10 feet; | ||
78. South 06 degrees 43 minutes 00 seconds West, a distance | ||
of 227.41 feet; | ||
79. South 02 degrees 44 minutes 35 seconds West, a distance | ||
of 227.16 feet; | ||
80. South 11 degrees 11 minutes 12 seconds West, a distance | ||
of 78.67 feet; | ||
81. South 05 degrees 39 minutes 02 seconds West, a distance | ||
of 321.46 feet; | ||
82. South 05 degrees 41 minutes 54 seconds East, a distance | ||
of 227.87 feet; | ||
83. South 14 degrees 53 minutes 08 seconds West, a distance | ||
of 319.90 feet; | ||
84. South 07 degrees 34 minutes 26 seconds West, a distance | ||
of 174.93 feet; | ||
85. South 08 degrees 13 minutes 38 seconds West, a distance | ||
of 212.27 feet; | ||
86. South 03 degrees 31 minutes 38 seconds West, a distance | ||
of 211.05 feet; | ||
87. South 04 degrees 57 minutes 34 seconds West, a distance | ||
of 190.45 feet; | ||
88. South 13 degrees 55 minutes 15 seconds West, a distance | ||
of 187.57 feet; | ||
89. South 02 degrees 38 minutes 58 seconds West, a distance | ||
of 111.89 feet; | ||
90. South 04 degrees 24 minutes 56 seconds East, a distance | ||
of 188.93 feet; | ||
91. South 06 degrees 34 minutes 35 seconds East, a distance | ||
of 211.19 feet; | ||
92. South 29 degrees 48 minutes 08 seconds East, a distance | ||
of 152.26 feet; | ||
93. South 36 degrees 12 minutes 51 seconds East, a distance | ||
of 223.21 feet; | ||
94. South 44 degrees 17 minutes 23 seconds East, a distance | ||
of 255.63 feet; | ||
95. South 50 degrees 13 minutes 52 seconds East, a distance | ||
of 260.97 feet; | ||
96. South 49 degrees 01 minutes 22 seconds East, a distance | ||
of 40.16 feet; | ||
Thence, across aforesaid 3,719.849 acre tract, the following | ||
three (3) courses: | ||
97. North 76 degrees 00 minutes 11 seconds West, a distance | ||
of 2,189.13 feet; | ||
98. North 73 degrees 24 minutes 35 seconds West, a distance | ||
of 140.77 feet; | ||
99. 5,835.67 feet along the arc of a curve to the left, said | ||
curve having a central angle of 63 degrees 19 minutes 32 seconds, a | ||
radius of 5,280.00 feet and a chord that bears South 76 degrees 18 | ||
minutes 17 seconds West, a distance of 5,543.15 feet to the Point of | ||
Beginning and containing 2,717.3 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 | ||
8079A, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 8079A.0307 to read as | ||
follows: | ||
Sec. 8079A.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, 2023. |